TERMS OF SERVICE

Last updated: August 15, 2015

You are granted non-exclusive limited license to use the Donate Boost plugin sold on http://donateboost.com website and  (the “Product”) operated by Simon Web Design, LLC (“us”, “we”, or “our”) with in accordance with Terms of Service (“Terms”, “Terms of Service”)

Your access to and use of the Product is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Product.

By accessing or using the Product you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Product.

Plugin Licensing

Donate Boost is licensed under the GNU general public license (http://www.gnu.org/licenses/gpl-3.0.txt).

Purchases

If you wish to purchase any product or Product made available through the Product (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The Product may employ the use of third party Products for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or Product availability, errors in the description or price of the product or Product, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Upgrades

Upgrades are available to subscribers that are up-to-date in accordance with the respective Product license they have purchased. Product license provides automatic upgrades for unlimited sites sites. You may not share or resell access to your license. Upgrades are available to subscribers for the life of their subscription.

Support

Support is available to subscribers for the life of their subscription. We do not claim that Products will be compatible with all 3rd party components, plugins, and themes. Subscribers can choose to make custom coding changes directly to Products, however support cannot be offered in that circumstance. We can, at our discretion, choose to customize Products on a contracted project basis. Project terms are not covered in these terms.

Availability, Errors and Inaccuracies

We are constantly updating product and Product offerings on the Product. We may experience delays in updating information on the Product and in our advertising on other web sites. The information found on the Product may contain errors or inaccuracies and may not be complete or current. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Intellectual Property

The Product and all content, features and functionality are and will remain the exclusive property of Simon Web Design, LLC and its licensors. The Product is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or Product without the prior written consent of Simon Web Design, LLC.

Links To Other Web Sites

Our Product is built on third party products that are not owned or controlled by Simon Web Design, LLC.

Simon Web Design, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or Products. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Simon Web Design, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Products available on or through any such third party web sites or Products.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or Products that you visit.

Ownership

You may not claim intellectual or exclusive ownership rights to any of our Product. All products are property of Simon Web Design, LLC. They are provided “as is” without warranty of any kind, expressed or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur out of the use or inability to use our products.

Indemnification

You agree to defend, indemnify and hold harmless Simon Web Design, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Product, or b) a breach of these Terms.

Termination

Using an SSL with the Product is a requirement of our terms. Not using an SSL is a breach of these Terms.

We may terminate or suspend your access to the Product immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Limitation Of Liability

In no event shall Simon Web Design, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Product; (ii) any conduct or content of any third party on the Product; (iii) any content obtained from the Product; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Product is at your sole risk. The Product is provided on an “AS IS” and “AS AVAILABLE” basis. The Product is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Simon Web Design, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Product will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Product is free of viruses or other harmful components; or d) the results of using the Product will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Product, and supersede and replace any prior agreements we might have had between us regarding the Product.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Product after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Product.

Contact Us

If you have any questions about these Terms, please contact us.