By using DDavisDesign Services (“Services”), you represent that you have read and agree to be bound by these DDavisDesign Services Terms of Service, which are in addition to the DDavisDesign Use Terms. In the event of a conflict between the WooCommerce Use Terms and these terms, these terms will control.
If you use Services on behalf of an organization, you agree to these terms on behalf of that organization. If you do not agree to these terms, you may not use Services.
We may automatically update Services or offer new features, and these terms will apply to any such updates or features.
1. Prohibited Uses
You may not use Services for any unlawful purposes, or in furtherance of illegal activities. We may terminate your access to Services if we determine (in our sole discretion) that your use is in any way harmful or objectionable.
Services uses Automattic’s servers and a connection to certain entities (“Services Partners”) to enable useful features for your DDavisDesign Store. Some of these features require data from your site to work. Please see this page for more information about what data is required and how this data is stored, transmitted, and used.
3. Changes to These Terms
We may update the features offered via Services, which means that sometimes we have to change the legal terms under which Services is offered. If we make material changes, we will let you know by, for example, posting on one of our blogs, posting a notice to your site, or sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you do not agree to the new terms, then you must stop using Services within the designated notice period, otherwise your continued use of Services will be subject to the new terms going forward.
We may modify, suspend, or terminate Services (or any specific Services service or feature), or your access to all or any part of Services at any time, with or without cause, with or without notice, effective immediately.
All provisions of these terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity, and limitations of liability.
6. Disclaimer of Warranties
We make no warranties of any kind with respect to the services or features offered via Services, or your use of the services or features. Your use of any Services service or feature is at your own risk and discretion.
7. Limitation of Liability
We shall not have any liability for any indirect, incidental, consequential, special, exemplary, or punitive damages under any theory of liability arising out of, or relating to, these terms or your use of Services. As a condition of receiving access to Services, you understand and agree that our liability shall not exceed $5.23.
You will indemnify, defend, and hold us, our subsidiaries, affiliates, officers, and employees, harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys’ fees) brought by a third party arising out of or in connection with: (i) any act or omission by you, in connection with your use of Services or (ii) your breach or alleged breach of any of these terms. We may, at our option, elect to take over control of the defense and settlement of a claim subject to indemnification. You agree not to settle any such claim without our prior written consent.
9. No Class Actions
You may resolve disputes with us only on an individual basis; you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.
10. Governing Law
You agree that these terms, and your use of Services, are governed by Texas law, in the United States of America, without regard to its principles of conflicts of law.