AFFILIATE USER TERMS

END USER AFFILIATE & SOFTWARE AGREEMENT

 

If you do not agree to the terms, discontinue using the Software immediately!

CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING THE ICON LABELED “I ACCEPT”, PUTTING A CHECK IN THE CHECK BOX INDICATING THAT YOU HAVE READ THIS AGREEMENT AND ACCEPT ITS TERMS, OR BY USING THE SOFTWARE. IF YOU DO NOT AGREE TO THIS LICENSE, YOUR ORDER WILL BE CANCELED, THE SOFTWARE WILL NOT BE DOWNLOADED OR YOUR ACCESS WILL BE REVOKED AND YOU WILL BE REFUNDED.

 

  1. LICENSE GRANT

“You” means the person or company who is being licensed to use the Software (“the Software”) and Documentation (“the Documentation”). “We,” “us” and “our” mean  FixMyWebsites.co.uk (“FixMyWebsites.co.uk “). We hereby grant you a nonexclusive license to use one copy of the Software, access for which may be in physical form or on our server.

 

  1. TITLE

We remain the owner of all rights, title and interest in the Software and Documentation, which includes and any related explanatory written materials, videos or audio files.

 

  1. RESELLING AND/OR RESALE RIGHTS

You do not have any resale rights whatsoever to the Software, installer program, database, scripts, training, courses and/or information. Sites you create with the Software or our services are for your own use, that is, you may not use the Software to create sites for others, whether for free or paid unless you have express written permission from FixMyWebsites.co.uk  on a per project basis. You may not create a script with the Software to be sold as part of any product or service.

 

If you cannot abide by these terms, DO NOT APPLY.

 

  1. ARCHIVAL OR BACKUP COPIES

You agree to delete any and all copies of the Software and Documentation upon termination of this agreement.

 

  1. THINGS YOU MAY NOT DO

The Software, services and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material. Including, but not limited to the following, you may not:

Copy the Documentation;
Copy the Software, either off our server or from physical media;
Allow any webmasters, programmers or web hosts to see the scripts on your server until you have made it clear to them that they do not have rights to the scripts;
Allow any webmasters, programmers, or web hosts to download the Software or a portion thereof to another computer except to work on a custom project for you. All information they have must be permanently deleted when they are done working for you and you must make that clear to them;
Allow any webmaster, programmer or web host access to the members area to have access to the software;
Show access to your source code to anyone other than your webmaster, programmer or web host for support purposes only;
Use the Software to make sites for others for free or paid service;
Use the Software to make sites to sell as part of any sale at all;
Allow anyone other than you to have any working access to these scripts on their sites;
Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software;
Place the Software onto a server so that it is accessible via a public network such as the Internet; or
Sublicense, rent, lease or lend any portion of the Software or Documentation.
You may not hire, designate or subcontract an agent to run, manage, lease, sublicense or own sites that run the Software.

 

  1. TRANSFERS

You may not transfer any rights to use the Software, Services and/or Documentation to any other person or legal entity without express written permission from FixMyWebsites.co.uk

 

  1. LIMITED WARRANTY

We warrant that for a period of 45 days after delivery of this copy of the Software to you that the media on which this copy of the Software is provided to you will be free from defects in materials and workmanship under normal use, and the Software will perform in substantial accordance with the Documentation.

To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, or to make any additional warranties.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

  1. LIMITED REMEDY

Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either return the price you paid, or update/repair/replace the Software or media that does not meet the foregoing warranty if it is returned to us with a copy of your receipt.

 

IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

  1. CONFIDENTIALITY

The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

 

  1. DISPUTES

This license agreement shall be governed by, construed and enforced in accordance with the laws of the state of Connecticut, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate the intellectual property rights FixMyWebsites.co.uk and/or its affiliates, FixMyWebsites.co.uk and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Connecticut, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in England & Wales, United Kingdom. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in Association. Judgment upon the award rendered in England & Wales, United Kingdom, under the rules of the English Arbitration by the arbitration may be entered in any court with jurisdiction to do so.

 

  1. GENERAL PROVISIONS

This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.

FixMyWebsites.co.uk reserves the right, from time to time, with or without notice to you, to change the terms of this license agreement in our sole and absolute discretion.
In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United Kingdom Export Administration Act or any other export laws, restrictions or regulations.

By using the Software, you signify your assent and agreement to the terms herein. If you do not agree to these terms, do not use the Software.

 

  1. RESTRICTIONS ON USE OF MATERIALS & Service Information

The Software and accompanying materials are copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by US and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of FixMyWebsites.co.uk or of other owners used with their permission.

Any trade secrets about FixMyWebsites.co.uk  or the contents of the materials or the function of the Software cannot be shared by you with any person who is not also a paid customer of the same Software from FixMyWebsites.co.uk whether free or paid by you. You may not create reports, articles, reviews, etc. about the materials and/or the Software, and you may not speak on the topic for profit or free without express written permission by FixMyWebsites.co.uk

 

  1. LIABILITY

Materials made available by FixMyWebsites.co.uk are provided “as is” and without warranties of any kind either express or implied. FixMyWebsites.co.uk disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

FixMyWebsites.co.uk does not warrant that the functions contained in the materials will be uninterrupted or error free, that defects will be corrected, or that the site or server that makes it available are free of viruses or other harmful components. FixMyWebsites.co.uk does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not FixMyWebsites.co.uk ) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Under no circumstances, including, but not limited to, negligence, shall FixMyWebsites.co.uk be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if FixMyWebsites.co.uk or a FixMyWebsites.co.uk authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall FixMyWebsites.co.uk ‘s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing the site or using the Software.

Facts and information at any FixMyWebsites.co.uk X website are believed to be accurate at the time they were placed on the website(s). Changes may be made at any time without prior notice. Any data provided on a FixMyWebsites.co.uk website is to be used for information purposes only. The information contained on the website(s) and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on the website(s) are only offered in jurisdictions where they may be legally offered. Information provided on our website(s) is not all-inclusive, and is limited to information that is made available to FixMyWebsites.co.uk and such information should not be relied upon as all-inclusive or accurate.

 

  1. LINKS AND MARKS

FixMyWebsites.co.uk is not necessarily affiliated with websites that may be linked to any FixMyWebsites.co.uk website, and FixMyWebsites.co.uk is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of FixMyWebsites.co.uk X and its subsidiaries and affiliates, do not imply the endorsement or approval of such websites, products, services or publications by FixMyWebsites.co.uk or its subsidiaries and affiliates.

Certain names, graphics, logos, icons, designs, words, titles or phrases on any FixMyWebsites.co.uk website may constitute trade names, trademarks or service marks of FixMyWebsites.co.uk or of other entities. The display of trademarks on a FixMyWebsites.co.uk website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could be subject to legal action.

 

  1. CONFIDENTIALITY OF CODES, PASSWORDS AND INFORMATION

You agree to treat as strictly private and confidential any subscriber code, username, user ID, or password which you may have received from FixMyWebsites.co.uk X, and all information to which you have access through password-protected areas of FixMyWebsites.co.uk ‘s website(s) and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.

 

  1. AFFILIATE CANCELLATION

These terms and the license granted may not be assigned or sublet by you without prior written consent by FixMyWebsites.co.uk

If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

 

  1. TERMINATION

Your affiliate rights to promote our services will terminate immediately without notice at FixMyWebsites.co.uk s sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination of your affiliation or partnetship with us. Then, you must destroy all materials obtained from any and all FixMyWebsites.co.uk website(s) and all related Documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise.

 

 

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