Terms of service for Bootstrapsite.com
1. Introduction
This terms of service agreement (the "Agreement") governs the use of the Bootstrapsite.com website and the services provided through the website (collectively, the "Services"). By using the Services, you agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree to the terms of this Agreement, do not use the Services.
2. Description of Services
Bootstrapsite.com provides a website that allows users to create custom websites and landing pages by answering a series of questions. The Services include access to the website, the use of the website’s wizard to create custom websites, and any other features, tools, and resources made available through the website.
3. User Account
To use the Services, you may be required to create an account and provide certain information about yourself. You agree to provide accurate, current, and complete information about yourself, and to maintain and update your information to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account.
4. User Content
The Services may allow you to upload, submit, store, send or receive content, including but not limited to text, photographs, videos, and audio (collectively, "User Content"). You retain all rights in and to your User Content. By making any User Content available through the Services, you grant to Bootstrapsite.com a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Bootstrapsite.com's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
5. Proprietary Rights
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Bootstrapsite.com, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Service permit you to use the Services for your personal, non-commercial use only. You hereby acknowledge that any unauthorized use may violate such laws.
6. Disclaimers
The Services are provided on an "as is" and "as available" basis. Bootstrapsite.com makes no representations or warranties of any kind, express or implied, as to the operation of the Services or the information, content, materials, or products included on the Services. You expressly agree that your use of the Services is at your sole risk.
7. Limitation of Liability
Bootstrapsite.com will not be liable for any damages of any kind arising from the use of the Services, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. Bootstrapsite.com specifically disclaims any liability for any action taken or not taken based on the information provided through the Services. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
8. Indemnification
You agree to defend, indemnify, and hold harmless Bootstrapsite.com, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of your violation of these Terms of Service or your use of the Services.
9. Changes to the Terms of Service
Bootstrapsite.com reserves the right, in its sole discretion, to modify these Terms of Service at any time. Such modification shall be effective immediately upon posting on the Services. You agree to review these Terms of Service periodically to be aware of such modifications and your continued use of the Services shall be deemed your conclusive acceptance of the modified Terms of Service.
10. Governing Law
These Terms of Service and any dispute arising under or in connection therewith shall be governed by the laws of the State of Maharashtra India, without reference to its conflicts of law principles. You consent to the exclusive jurisdiction of the state and federal courts located in Maharashtra India, to resolve any dispute arising under these Terms of Service.
11. Miscellaneous
These Terms of Service, together with the Privacy Policy and any additional terms to which you agree when using the Services, constitute the entire agreement between you and Bootstrapsite.com with respect to the use of the Services. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Service and your use of the Services are governed under Washington state law. We each agree to submit to the personal jurisdiction of a state court located in King County, Washington or the United States District Court for the Western District of Washington.
These Terms of Service do not create any agency, partnership, joint venture, or employment relationship, and you may not make any representation on our behalf. You may not assign these Terms of Service or transfer any rights to use the Services without the prior written consent of Bootstrapsite.com, and any unauthorized assignment and transfer shall be null and void. Bootstrapsite.com may assign these Terms of Service or transfer any rights to use the Services without your prior written consent.
12. Contact Information
If you have any questions about these Terms of Service, please contact us at [email protected].
13. Dispute Resolution
In the event of any dispute arising under or in connection with these Terms of Service, the parties agree to first contact each other and attempt to resolve the dispute informally. If the parties are unable to resolve the dispute within a reasonable time, the dispute shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the Indian Arbitration Association. The arbitration shall be conducted in Maharashtra India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than through arbitration, the parties each waive any right to a jury trial.
14. No Waiver
The failure of Bootstrapsite.com to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
15. Severability
In the event that any provision of these Terms of Service is determined to be illegal or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
16. Acknowledgement
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
17. No Right of Survivorship
Your account is for your personal use only and shall not be transferred or assigned to any other person or entity. Upon your death, your account and any rights to your account terminate and your executor may have access to your account for the purpose of closing it.
18. Entire Agreement
These Terms of Service, together with the Privacy Policy and any additional terms to which you agree when using the Services, constitute the entire agreement between you and Bootstrapsite.com regarding the use of the Services. These Terms of Service supersede all prior understandings and agreements, whether written or oral, regarding the use of the Services.