Replicated Sites – Terms of Service

Replicated Sites – Terms of Service
Thank you for visiting our SmallBusinessLauncher.com website (“Site”). All content, information, and services provided on and through our Site may be used only under the following terms and conditions, as they are amended from time to time (the “Terms”). As used herein, the terms “SmallBusinessLauncher.com”, “our,” “we,” and “us” refer to SmallBusinessLauncher.com unless the context clearly provides otherwise. We may update this Agreement from time to time without prior notice to you. We encourage you to review the Terms periodically for any updates.

YOUR USE OF OUR SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS. PLEASE READ THEM CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU MUST NOT USE OUR SITE. IF YOU ARE A DISTRIBUTOR, YOU ARE BOUND BY ADDITIONAL TERMS AND CONDITIONS CONTAINED IN YOUR DISTRIBUTOR AGREEMENT, POLICIES AND PROCEDURES, AND ANY OTHER AGREEMENT YOU HAVE ENTERED INTO WITH US.

We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

WHAT IS A REPLICATED SITE

A (“Replicated Site”) which can also be called a (“Boiler-Plate site”) or a (“duplicated site”) and may be used interchangeably when we promote our network. A Replicated Website grants an access license as a turn-key solution providing a fully pre-developed (boiler-plate) website for a monthly or yearly fee. This is a great option for a nonprofit that doesn’t have the time or the revenue to invest in developing a stand-alone or self-hosted website. Most of our Replicated Sites have over 500 development hours invested in the graphic design, copy, various artwork, webforms, navigation, mobile and tablet versions of the site which can be valued between $25,000 and over $50,000 depending on the replicated site you choose. You are granted a license to add/upload your name, address, phone number, logo, and personal content to the Replicated Site you have chosen for the purpose of personalizing and to integrate your brand into and within the pre-existing Replicated Site content. For Replicated Websites we charge a higher monthly or yearly subscription fee than our “Build Your Own” sites as a turn-key premium for leasing our pre-built content. You always have the option to delete the pre-built content and insert your own. You always have the option to modify and change the look and feel of the site as you grow to suit your needs. You retain the rights to ONLY THE CONTENT YOU HAVE CREATED and uploaded/added to the site so long as the content is licensed for your use. You may not upload images, photos, graphics, pictures or other forms of artwork unlicensed for your use and/or not personally made by you.

Our platform uses a highly-modified WordPress core. Therefore, if you wish to host your site(s) elsewhere, you can export your personal content from our platform in the form of xml files. These files can be uploaded to your WordPress installation to transfer pages, posts, and images for the purpose of migrating to a self-hosted solution. We do not guarantee or offer any warranty all exported data will display as it does on our platform as our platform uses proprietary plugins, theme, and styling code. We also don’t offer an export or list of our plugins. We use a proprietary theme for our platform. If migrating to a self-hosted installation, you will need to find a theme that suits your needs and develop your theme to properly display your imported content. Any customization done by you, our team, or any third-party developer to customize your site does not have the ability to transfer outside of our platform. These customizations are generally theme-specific or platform specific and may be lost when transferring site to a self-hosted installation. Therefore, any customization time invested by you, our staff, or a third-party developer is specific to our platform and will remain on our platform as long as you do not cancel your account. Deleted accounts do not retain any account data or customizations. Our Replicated Sites are optimized for conversion, extensively SEO tested, and load minimized for fast delivery of your site to your visitors.

USER LICENSE

You are granted a limited, nonexclusive, nontransferable license to access the Site and its content in accordance with these Terms. By accessing this Site and becoming a User, you certify that you are 18 years of age or older. If you are under the age 18, you may use our Site only with the involvement of a parent or guardian who has agreed to be bound by the Terms.

Our Site is hosted in the United States and contains information that is appropriate for access and use in the U.S. We make no representation that any materials on the Site are appropriate or available for use outside the U.S. Any references on the Site to specific products or services are applicable only to those available in the U.S., and any product claims and comparisons to other products on the Site apply within the U.S. markets only. Those who access this Site from other locations do so according to their own initiative and are responsible for compliance with local laws.

We reserve the right to refuse service in our sole discretion and without notice. You are solely responsible for your use of the Site, and you agree to compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, including attorneys’ fees, resulting from your use or misuse of the Site. Posting or transmitting any unlawful, infringing, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, is strictly prohibited.

PRIVACY

You agree that you have read and understand the terms of the Privacy Policy listed on this Site. The Privacy Policy is hereby incorporated in by reference into these Terms and is fully set forth herein.

INTELLECTUAL PROPERTY RIGHTS

The contents of the Replicated Site, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the “Content”) is the property of SmallBusinessLauncher.com, and is protected by federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of material from the different areas of the Site solely for your personal non-commercial use or your non-commercial use within your organization or as otherwise permitted. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of SmallBusinessLauncher.com. You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Replicated Site. Certain content may be licensed from third parties and all such third-party content and all intellectual property rights related to the content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by SmallBusinessLauncher.com.

WARRANTY DISCLAIMER

Our site and its contents are provided “as is” and “as available”, with no warranty of any kind. To the fullest extent permissible under applicable law, we expressly disclaim all warranties, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and noninfringement, and those arising by statute or otherwise in law or form a course of dealing or usage of trade. We make no representation or warranty whatsoever regarding the completeness, accuracy, correctness, integrity, reliability, currency, adequacy, suitability, functionality, availability, or operation of this site or the content or services provided on, or accessible from, this site. We do not warrant that the operation of this site will be uninterrupted, error-free, free from viruses, and/or other harmful components to equipment or software.

LIMITATION OF LIABILITY

In no event will we be liable, nor do we assume responsibility, for any direct, indirect, special, incidental, or consequential damages arising out of or in connection with the use or inability to use this site (or the content or services provided on, or accessible from, this site), or otherwise, even if we are advised of the possibility of such damages.

PURCHASES AND PRODUCT PRICING

All billing and other information submitted to this Site must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Conditions. By completing the checkout process you agree to accept and to pay for the product(s) or service(s) requested. You represent and warrant that you have the legal right to use any credit card or other payment means used to complete any transaction.

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, SmallBusinessLauncher.com shall have the right to refuse or cancel any subscriptions placed for product listed at the incorrect price. SmallBusinessLauncher.com shall have the right to refuse or cancel any such subscriptions whether or not the subscription has been confirmed and the User’s credit card charged. SmallBusinessLauncher.com reserves the right in its sole discretion to refuse or cancel any subscription for any reason. If your credit card has already been charged for the purchase and your subscription is canceled, SmallBusinessLauncher.com shall immediately issue a prorated credit to your credit card account in the amount of the charge excluding any portion of the service that has been used. SmallBusinessLauncher.com attempts to be accurate in all product descriptions, nevertheless, SmallBusinessLauncher.com does not warrant that any product description or the content on the Site is accurate, complete, reliable, current or error-free. If you find the product is not as described your sole remedy is to cancel your subscription pursuant to SmallBusinessLauncher.com’s return policy.

SmallBusinessLauncher.com reserves the right, with our without prior notice, (a) to impose conditions on the honoring of any coupon, coupon code, promotional code or other promotion, (b) change a product description, (c) limit the availability of any product or services, (d) refuse to provide any User or customer with any services. Any claim or cause of action with respect to this Site must be commenced within one year after the claim arises. Price and availability of any SmallBusinessLauncher.com Product or Service may be changed at any time without notice.

PROMOTIONS

This Site may contain contests or promotions that require you to send material or information about yourself or your subscription to participate. Please note that any contest or promotion offered through the Site may be governed by a separate set of terms and conditions, that may include, among other things, eligibility requirements such as age limits and geographical restrictions. If you decide to participate in such contests or promotions it will be your responsibility to familiarize yourself with any relevant terms and conditions and by your participation you agree to comply with any such terms and conditions which shall be binding and final in all respects.

NO ENDORSEMENTS OF CONTENT AND LINKS TO OTHER WEBSITES

Any links to other sites are provided as merely a convenience to the Users of this Site. This Site may provide links or references to other sites but SmallBusinessLauncher.com has not reviewed all these other sites, has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from any such content. SmallBusinessLauncher.com does not endorse or make any representations about these sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sties linked to this Site, you do so entirely at your own risk.

By providing this consent, SmallBusinessLauncher.com is not foregoing its ownership or rights in any trademarks, copyrights, patents or any other forms of intellectual property associated with the Site. SmallBusinessLauncher.com reserves the right to revoke its consent to any link at any time in its sole discretion.

GOVERNING LAW

This Agreement and access to the Site shall be governed by and construed in accordance with the law of the state of California, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law.

You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the state of California and of the United States of America located in California for any litigation arising out of or relating to use of the Site or purchases of services made through the Site (and agree not to commence any litigation relating thereto except in such courts). You hereby irrevocably and unconditionally waive any objection to the laying of venue of any such litigation in the courts of the state of California.

ENTIRE AGREEMENT

This Agreement and any documents expressly incorporated by reference constitute the entire agreement between SmallBusinessLauncher.com and you pertaining to the subject matter hereof. In its sole discretion, SmallBusinessLauncher.com may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. If you have any questions about this Agreement, contact us.

If you have any concerns about the Site or these Terms, please contact us at the address below:

Mailing Address:

SmallBusinessLauncher.com

P.O. Box 492

Vacaville, CA 95696

Last updated: January 2018