Effective Date: 02-28-2020
These Terms and Services constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “User” or “Users”) and WP Urgent Care (“we,” “us,” “WPUC” or “our”), concerning your access to and use of the wpurgentcare.com website as well as any other content, media, videos, resources, products, or services, or otherwise connected thereto (collectively, the “Site” or “Services”).
WORDPRESS URGENT CARE SERVICE DESCRIPTION: WP Urgent Care provides monthly, and one time, support services and maintenance for WordPress websites.
RESPONSIBILITY OF USERS: Persons under the age of 18 are not permitted to register for WP Urgent Care’s website or usage of available Services. The User is solely responsible for the protection and confidentiality of their passwords. The User is responsible for maintaining this confidentiality in passwords, and accounts, given to WP Urgent Care for services and activities. WP Urgent Care will maintain certain data that the User transmits to WP Urgent Care for the purpose of Services. Although WP Urgent Care performs regular routine backups of data, the User is solely responsible for all data that is transmitted or that relates to any activity you have undertaken using WP Urgent Care websites or Services. The User agrees that WP Urgent Care shall have no liability to the User for any loss or corruption of any such data, downtime, or loss of sales, and the User hereby waives any right of action against us arising from any such loss or corruption of such data.
CHANGING OF TERMS: WP Urgent Care reserves the right to change the Terms of Service without written notice. The User acknowledges their responsibility to periodically review these Terms of Service before using WP Urgent Care’s website and Services. The User’s continued use of the website and Services, after changes have been made to the Terms of Services constitutes acceptance and acknowledgment of the updated Terms of Services.
LIMITED LIABILITY: In no event shall WP Urgent Care be liable, whether based in breach of contract, in contract, tort (including negligence) or otherwise, for any indirect, incidental, or consequential damages (including but not limited to lost savings or profit, lost data, downtime, cancellation of services, business interruption or attorney’s fees), and whether or not the User has been advised of the possibility of such damage.
The User understands and agrees that any suit or claim against WordPress Urgent care is limited to the amount paid, if any, by the User of the Services.
LIMITATION OF LIABILITY FOR THIRD PARTIES: WP Urgent Care does not assume the liability of any content, media, videos, downloads, codes, or scripts posted by a third party users of this Site.
LIQUIDATED DAMAGES: In the event of a suit or claim by the User against WP Urgent Care, the User shall only be entitled to recover the amount paid, if any, by the User of the Services.
TRADEMARK ACKNOWLEDGMENT: The User agrees that WP Urgent Care, or WP Urgent Care dba’s, may use the User’s name, logo, and trademarks in promotional materials for WP Urgent Care services, including not limited to promotions through email campaigns, social media, and website the User testimonials.
CANCELATIONS: Prior to the next billing the User can cancel at any time.
REFUNDS: If the User requests a refund after payment has been received there will be a 15% cancelation fee applied to cancelation.
FAIR USE POLICY: WP Urgent Care services are subjected to a Fair Use Policy. For emergency fixes, and one time repairs, and monthly subscriptions, WP Urgent Care will be able to resolve a majority of the problems within the paid fee. Problems that WP Urgent Care deem are outside of the Fair Use Policy will be subjected to additional fees, and decided on a case-by-case basis. The User will be given a warning before any fix is commenced and fees billed. The User will have the option to cancel the service or additional work and maybe subjected to receive a full refund for a month if the User is subscribed to a monthly plan.
WARRANTY LIMITATIONS: The User acknowledges that due to the ever-changing nature of the internet WP Urgent Care cannot guarantee any code, or work, supplied to the User will work as the User desires. The User accepts that services and resources provided by WP Urgent Care are subject “as is”. WP Urgent Care does not warrant that the Services will meet your requirements or need, be free of errors, be free of interruption, be timely, or be secure. WP Urgent Care does not guarantee any of the information provided through the products, services, tools, or content will be reliable or accurate.
The User agrees and understands that any media, or content, that is downloaded, accesses, or obtained from WP Urgent Care’s website, products, tools, or services, is done at the risk and discretion of the User. The User bears sole responsibility for any damage to computer(s), server(s), device(s), and loss of any data that could result from downloading, attempting fixes, accessing content, or usage of Services from WP Urgent Care. WP Urgent Care is not responsible for any damage to the User’s websites, servers, remote servers, computers, or third parties of the User. Responsibility of loss and damages will lie solely with the operators of the third parties, remote servers, and the User. No implied information, express, or advice, that is provided orally, or written, by a user of WP Urgent Care or its Services shall constitute a warranty or guaranteed in any way.
CONFIDENTIALITY: During the course of performance of this agreement WP Urgent Care is likely to come into contact with confidential proprietary information belonging to the User. WP Urgent Care promises to keep this information confidential and not disclose said information without the express consent of the User.
INTELLECTUAL PROPERTY: In performance of this agreement the User may be obligated to provide various items for website content including but not limited to photographs, text, and videos. The User warrants that any such content provided to WP Urgent Care for use on The User’s website is property of the User or is used with permission of the owner of that material.
GOVERNING LAW: This agreement shall be governed in accordance with California Law. The parties agree that the Superior Court of California in and for the County of Fresno shall be the forum for any suit under this agreement.