Sales Terms and Conditions

Acceptance

eMarket Design LLC ("Us" or "We") offers the "eMarket Design LLC" site and various related services (collectively referred to as the "site") to you, the user. Your use of the site is contingent upon your adherence to all the terms, conditions, and notices outlined or referred to herein (the "Terms of Use"), as well as any other written agreement between us and you. Additionally, when utilizing specific services or materials on this site, users are subject to any posted rules related to such services or materials. These rules may include terms and conditions beyond those in these Terms of Use. All such guidelines or rules are incorporated into these Terms of Use by reference. These Terms of Use became effective on January 1, 2020. We explicitly reserve the right to modify these Terms of Use periodically without providing notice to you. You acknowledge and agree that it is your responsibility to periodically review this site and these Terms of Use, acquainting yourself with any modifications. Your continued use of this site following such modifications signifies your acknowledgment of the adjusted Terms of Use and agreement to adhere to and be bound by them. In these Terms of Use, references to our "Affiliates" include our owners, employees, contractors, affiliated companies, partners, sponsors, and advertisers. This term encompasses all parties involved in creating, producing, and/or delivering this site and its contents.

Service(s): Refers to the products and services ordered by you online through a link or via an Order Form referencing this Agreement. These services are provided by us, either on a trial or paid basis, and are made available online through the applicable subscriber login link and other designated web pages. The term includes the applicable Software, updates, API, Documentation, and all relevant Associated Services that you have purchased or deployed or subscribed to ("Deployed Associated Services") under this Agreement. The term "Services" excludes Third-Party Services as defined in this Agreement and Associated Services not provided under this Agreement. The names and descriptions of the Services or any individual Service may change over time. If you are granted access to a Service as described in a prior Order Form or through prior acceptance of this Agreement, this Agreement is deemed to apply to the Service, even if newly named or described.

Service Plan(s): Refers to the packaged service plan(s) and the associated functionality and services detailed on the Site relevant to the subscribed Services. Various services are offered on this site, including the latest WordPress news and similar offerings. You are responsible for providing, at your own expense, all equipment necessary to use the services, such as a computer and Internet access (including payment of associated fees). We reserve the sole right to modify or discontinue the site, including any features, at any time, with or without notice. We shall not be liable to you or any third party for the exercise of such rights. Any new features enhancing the current services on this site are also subject to these Terms of Use.

Acceptable Conduct on Site

Your use of the site is subject to all applicable laws and regulations, and you bear sole responsibility for the content of your communications through the site. By using any communication service, chat room, message board, newsgroup, software library, or other interactive service available on or through this site, you agree not to upload, share, post, or distribute any content that:

1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts, or otherwise violates rules or policies.
2. Victimizes, harasses, degrades, or intimidates based on religion, gender, sexual orientation, race, ethnicity, age, or disability.
3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right.
4. Constitutes unauthorized or unsolicited advertising, spamming, chain letters, unauthorized solicitation, or any form of lottery or gambling.
5. Contains software viruses or any computer code intended to disrupt, damage, or limit the functioning of software, hardware, or telecommunications equipment, or to obtain unauthorized access to third-party data.
6. Impersonates any person or entity, including our employees or representatives.

We do not endorse or assume liability for content uploaded by third-party users. While we generally do not pre-screen or monitor user-posted content, we reserve the right to remove any content at our discretion that does not comply with these Terms of Use, other user conduct rules, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in content removal, and you waive any claim against us arising from such removal.

In the event of alleged infringement, refer to "Use of Your Materials" below for the procedures to follow. Unauthorized attempts to breach security or gain access to another network or server are prohibited. We may terminate your membership, account, or affiliation with the site without prior notice for violating these provisions. Additionally, we may cooperate fully with investigations, including collaborating with law enforcement authorities in criminal violation inquiries.

Third Party Sites

This site may provide links to other sites on the Internet or include references to information, documents, software, materials, and/or services offered by other parties. These linked sites may contain information or material that could be considered inappropriate or offensive by some individuals. Please be aware that these other sites and their content are beyond our control. You acknowledge that we do not assume responsibility for the accuracy, copyright compliance, legality, decency, or any other aspect of the content on such sites. Additionally, we are not liable for errors or omissions in any references to other parties or their products and services.

The inclusion of a link or reference is solely for convenience and does not imply our endorsement of, or association with, the linked site or party. We make no warranties, either express or implied, regarding these third-party sites or their content.

Intellectual Property Information

Copyright (c) 2020 eMarket Design LLC All Rights Reserved. For the purposes of these Terms of Use, “content” refers to any information, data, communications, software, photos, video, graphics, music, sounds, and other materials and services viewable by users on our site. This includes posts, forums, comments, chat, and other original content. By accepting these Terms of Use, you acknowledge and agree that all content presented on this site is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws and is the sole property of eMarket Design LLC and/or its Affiliates. You are permitted to use the content only as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site without prior written permission from us or the specific content provider. You are solely responsible for obtaining permission before reusing any copyrighted material available on this site. Unauthorized use of the materials on this site may violate copyright, trademark, and other applicable laws, resulting in criminal or civil penalties. Neither we nor our Affiliates warrant or represent that your use of materials displayed on or obtained through this site will not infringe the rights of third parties. See “User’s Materials” below for procedures to follow if any party believes that content on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right.

All custom graphics, icons, logos, and service names are registered trademarks, trademarks, or service marks of eMarket Design LLC or its Affiliates. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of eMarket Design LLC or its Affiliates. You may not claim intellectual or exclusive ownership of any of our products, modified or unmodified. All products are the property of eMarket Design LLC.

Use of Materials

Subject to our Privacy Policy, any communication or material you transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used. Communications and materials transmitted by an extended license holder will be excluded from the above rule as long as the concerned party holds a valid license. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark, or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not

Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT:

• THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS
• THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE
• THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance, and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.

ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized eMarket Design LLC spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third-party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Liability

In no event shall we or our affiliates be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any website referenced or linked to from this site. Furthermore, we shall not be liable in any way for third-party goods and services offered through this site or for assistance in conducting commercial transactions through this site, including, without limitation, the processing of orders. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our affiliates harmless from all liabilities, claims, and expenses, including attorney fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Consulting Services Approval Process

Customers have seven (7) days following receipt of the Services or Deliverable ("Acceptance Period") to complete acceptance tests as per acceptance criteria agreed upon in the "Acceptance Criteria." If no notice of non-conformance to Acceptance Criteria is reported during the Acceptance Period, Deliverables or Services are deemed accepted by the Customer.

Security and User Information

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. You must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

Promotions

From time to time, this site may include advertisements offered by third parties. Any correspondence or participation in promotions, including the delivery of and payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.

User Support Services

We may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of our site. We will not inspect or disclose the contents of private Communications except with the consent of the sender or recipient or in situations provided under the Electronic Communications Privacy Act or as otherwise required by law.

International Use

While this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in all locations. Accessing them from territories where their contents are illegal is prohibited.

Termination

We reserve the right to terminate or suspend your access to all or part of the site, with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship.

Governing Law and Jurisdiction

This site is controlled by us from our offices in Aventura, Florida, USA. By accessing this site, both parties agree that the statutes and laws of the State of Florida will apply to all matters relating to the use of this site.

Notices

All notices shall be in writing and may be made via email or conventional mail using the Contact form on our site.

Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us, superseding all prior agreements.

Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorney fees. Any cause of action brought by you against us or our affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under these Terms of Use, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use.