Earnings Disclaimer was updated on 2013-11-26 05:35:08
|Terms and Conditions of Use
Effective: October 1, 2013
THESE TERMS AND CONDITIONS GOVERN YOUR USE OF instatheme.com, WHICH IS PROVIDED BY InstaTheme. BY ACCESSING instatheme.com, YOU AGREE TO THESE TERMS AND CONDITIONS, WITHOUT MODIFICATION, AND ACKNOWLEDGE READING THEM. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE BY InstaTheme AT ANY TIME IN ITS DISCRETION. YOUR USE OF instatheme.com AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS PRIOR TO EVERY USE FOR ANY CHANGES.
IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, PLEASE DISCONTINUE USE OF instatheme.com.
The terms “we”, “us”, and “our” refers to InstaTheme. The term the “Site” refers to instatheme.com. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site. The term the “Service” refers to the services and/or products provided by InstaTheme via instatheme.com. The term the “Content” refers to information provided on the Site in any form, including graphics, artwork, photos, videos, audios, text, code, software or other material. The term “Submissions” refers to any graphics, artwork, photos, videos, audios, text, code, software or other material provided by you to InstaTheme via our Site, Service, or company email or regular mail.
Other Documents Included In These Terms And Conditions By Reference
Use of the Site and Service
TO ACCESS OR USE THE SITE, YOU MUST BE 18 YEARS OR OLDER AND HAVE THE NECESSARY POWER AND AUTHORITY TO ENTER INTO THESE TERMS AND CONDITIONS. CHILDREN UNDER THE AGE OF 18 ARE PROHIBITED FROM USING THIS SITE.
Content provided on the Site and in or related to the Service is subject to change. InstaTheme makes no representation or warranty that the Content, regardless of its source, is accurate, complete, reliable, current or error-free. InstaTheme disclaims all liability for any inaccuracy, unreliability, error or lack of timeliness or completeness in the Content.
Content on this Site may be provided in written, video and/or audio format and is provided for the user’s convenience for informational, educational and entertainment purposes only. Content on this Site is not intended to provide specific financial, tax, legal, physical or mental health or any other professional advice whatsoever to you, or any other individual or company, and should not be relied upon as such.
Site Licensee Status
You understand and agree that your use of the Site is limited and non-exclusive as an individual nontransferable revocable licensee. InstaTheme may, within our sole discretion, terminate your license to use the Site, and access to the Site, for any reason or no reason whatsoever, and without giving you notice.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give to InstaTheme will always be current, correct and complete. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
Restrictions On Use
You may use the Site and Service for lawful purposes only. You agree to use the Site and to purchase Service through the Site for legitimate purposes expressly permitted by this Site. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You may not use this site for any other purpose, including any commercial purpose, without InstaTheme’s express prior written consent. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
Refusal of Service
The Service is offered subject to our acceptance of your order or request for Service. We reserve the right to refuse service to any order, person or entity, without any obligation to explain our reason for doing so. An order is not deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. If we choose to refuse your order after payment has been processed, we will refund your money.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible so that we may correct the error.
Cancellations, Refunds & Returns
We do not offer refunds for digital products once they are downloaded or once access to the Site has been granted.
We endeavor to describe and display the Site and Service as accurately as possible. While we try to be as clear as possible in explaining the Service, we do not guarantee that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Third Party Resources
The Site and the Service may contain links to third party websites and resources. These links are provided for your convenience. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Unless otherwise indicated by us, links to such websites or resources do not imply any endorsement by or affiliation with InstaTheme. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Links to external websites may expire over time, a situation which we do not control. We do review our Site periodically for broken and out-of-date links, and we have the right to alter, remove or post links at any time. If you would like to report problems with links on our Site, please send an email to email@example.com.
Material You Submit to the Site
InstaTheme prohibits the uploading, posting or otherwise making available on the Site any artwork, photos, videos, audios, text or other submission of material (collectively “Submissions”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Submissions are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a Submission. You represent or warrant that you have the authority to use and distribute all Submissions submitted by you to the Site, as well as any Submissions sent via email to our email address or via mail to our mailing address, and that the use or display of the Submissions will not violate any laws, rules, regulations or rights of third parties.
Intellectual Property Rights to Your Submissions
We claim no intellectual property rights over your Submissions to InstaTheme. You retain copyright and any other rights you may rightfully hold in any Submissions which you submit through the Site or Service or via company email or postal mail. Submissions to InstaTheme remain yours to the extent that you have any legal claims therein. You agree to hold InstaTheme harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting Submissions on the Site or through the Service or submitting testimonials and other information to our email or postal address, you grant us a world wide, nonexclusive, royalty-free, perpetual, irrevocable license to use the Submissions for promotional, business development and marketing purposes.
Our Intellectual Property
The Site and Service contain intellectual property owned by InstaTheme, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the instatheme.com name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also referred to as the “look and feel.” The entire Content of our Site is protected by intellectual property law, including international copyright and trademark laws. You are prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, creating derivative works from, distributing, displaying, reproducing or performing, or in any way exploiting in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part without our prior written consent, including any and all text, graphics, code, software, video, audio, or other Content. We reserve the right to immediately remove you from the Service, without refund, or restrict you from access to the Site, if you are caught violating this intellectual property policy.
Material Connection, Good Faith Recommendations and Compensation
Unless otherwise expressly stated, you should assume that all references to products and services on instatheme.com are made because material connections exist between InstaTheme and the vendor of the mentioned products and services (“Vendor”).
InstaTheme recommends products and services on instatheme.com based in part on a good faith belief that the purchase of such products or services will help our users. InstaTheme has this good faith belief because (a) InstaTheme has tried the product or service mentioned prior to recommending it or (b) InstaTheme has researched the reputation of the Vendor and has made the decision to recommend the Vendor’s products or services based on the Vendor’s history of providing these or other products or services. The representations made by InstaTheme about products and services reflect InstaTheme’s honest opinion based upon the facts known to InstaTheme at the time a product or service is mentioned on instatheme.com.
InstaTheme’s opinion about a product or service may be partially formed, whether knowingly or unknowingly, in part based on the fact that InstaTheme has been compensated or will be compensated because of InstaTheme’s business relationships with the Vendor.
The type of compensation InstaTheme receives may vary. In some situations, InstaTheme may receive complimentary products, services, or money from a Vendor prior to mentioning the Vendor’s products or services on instatheme.com.
In other instances, InstaTheme may receive a monetary commission or nonmonetary compensation when you take action based on the content of instatheme.com. This includes, but is not limited to, when you purchase a product or service from a Vendor after clicking on an affiliate link on instatheme.com.
In some cases, InstaTheme and a Vendor will have a business or personal relationship that does not involve the InstaTheme receiving compensation related to products and services mentioned oninstatheme.com. However, the nature of the relationship could be seen as sufficient to establish a material connection between the InstaTheme and the Vendor.
Because there may be a material connection between InstaTheme and Vendors of products or services mentioned on instatheme.com, you should always assume that InstaTheme may be biased because of InstaTheme’s relationship with a Vendor and/or because InstaTheme has received or will receive something of value from a Vendor. Therefore, it is in your own best interest for you to perform your own due diligence before purchasing a product or service mentioned on instatheme.com (or any other website).
MATERIALS CONTAINED ON THIS SITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS SITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE, IN OTHER MATERIALS CONTAINED ON THIS SITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS SITE ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
General Disclaimers And Limitations Of Liability
THE INFORMATION ON OUR SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. INFORMATION ON OUR SITE SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NEVER BE CONSTRUED TO BE PROFESSIONAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED, AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION. UNDER NO CIRCUMSTANCES WILL InstaTheme BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE OR SERVICE, YOUR SITE USE, OR THE SITE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ADDITIONALLY, InstaTheme IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (a) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (b) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (c) THIRD PARTY THEFT OF, DESTRUCTION, OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE ,GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THIS APPLIES EVEN IF InstaTheme WAS ADVISED OF THE POSSIBILITY OR COULD HAVE FORESEEN THE DAMAGES.
WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SITE WILL ALWAYS BE AVAILABLE, ACCESS WILL BE UNINTERRUPTED, BE ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN OUR SITE WILL BE CORRECTED.
IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
IN NO EVENT SHALL InstaTheme ‘S CUMULATIVE LIABILITY TO YOU EXCEED ONE HUNDRED ($100) DOLLARS AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US OR OUR AFFILIATES (IF ANY). ANY SUCH CLAIM SHALL BE SUBJECT TO CONFIDENTIAL BINDING ARBITRATION AS DESCRIBED LATER IN THIS DOCUMENT.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of these Terms and Conditions of Use are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
These Terms and Conditions of Use constitute the entire agreement between you and InstaTheme pertaining to the Site and Service and supersedes any and all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this InstaTheme shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by InstaTheme.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
62 Flora Road
Governing Law; Venue; Arbitration
This Agreement shall be construed in accordance with, and governed by, the laws of the State of as applied to contracts that are executed and performed entirely in . The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be County, . Any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must be arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in County, , USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Questions about these Terms and Conditions? Email us at firstname.lastname@example.org.
These website terms, conditions, policies, and notices are Copyright © 2013 Law Office of Lory Moore, PLLC, and licensed for use by the owner of this website at InstaTheme. All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of the copyright owner.