The following are terms of our life insurance website development (the “Agreement”) between you (the “Customer” or “you”) and Rootfin, LLC, DBA WPLifeInsurance.com (“Company”, “we”, or “us”) that sets forth the terms and conditions for all services provided by Company (the “Services”). You acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations existing in your jurisdiction. We reserve the right to amend this Agreement and will notify you of any such changes via electronic mail. Your continued use of the Services after any change to this Agreement constitutes your agreement to be bound by any such changes. The terms of this Agreement shall govern the use of any new features that augment or enhance the current Services, including the release of new Company Services.
TERMS OF WPLIFEINSURANCE.COM WEBSITE DEVELOPMENT
Section 1 – Payment Terms
You agree to pay WPLifeInsurance.com in full to begin development work. Payment does not include costs associated with the purchase of your domain name, hosting or third party instant life insurance quoting services.
Any payments received for development of websites OR purchase of a marketplace website are not eligible for refund UNLESS services weren’t performed as described.
We have a NO REFUND policy.
Section 2 – Term & Termination
This Agreement shall be effective as of the date you place an order for Services, and shall remain in force until it is terminated.
This Agreement may be terminated by Company (i) if Customer fails to cooperate with Company or hinders Company’s ability to perform the Services hereunder; (ii) if Customer includes in their website any adult material or material that is deemed illegal, immoral or improper in any jurisdiction; or (iii) if Customer includes in their website any material that infringes the intellectual property of any third party.
Section 3 – Service
The Company’s product is a customized template website design system configured through WordPress. Upon payment, we shall set you up in our project management system and send you a questionnaire for our programmers to reference to customize the template to your specifications.
After delivery of the website, the Customer shall update and manage the content of their website through their WordPress administrative dashboard. WPLifeInsurance.com will provide tutorials on how to navigate your website.
Section 4 – Intellectual Property Rights
After delivery of website, the customized website is property of the Customer. All website content uploaded by the Customer onto the website shall remain the property of the Customer.
Customer is free to hire outside programmers to make any modifications.
Any release of private information and revealing of intellectual property you receive during the process is strictly prohibited.
Section 5 – Limitations of Use
Any unauthorized use of our Services including but not limited to unauthorized entry into the Company’s systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited.
Section 6 – Disclaimer of Warranties
The Company warrants that its Services shall be performed by personnel possessing competency consistent with applicable industry standards. No other representation, express or implied, and no warranty or guarantee are included or intended in this Agreement, or in any report, opinion, deliverable, work product, document or otherwise. Furthermore, no guarantee is made as to the efficacy or value of any web site, customized template or hosting service. THIS SECTION SETS FORTH THE ONLY WARRANTIES PROVIDED BY THE COMPANY CONCERNING THE SERVICES AND RELATED WORK PRODUCT. THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR OTHERWISE. COMPANY DOES NOT GUARANTEE CUSTOMER’S WEB SITE PLACEMENT ON SEARCH ENGINES.
Section 7 – Limitation of Liability
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, ARISING UNDER THIS AGREEMENT, LOSS OF DATA, OR ANY PERFORMANCE UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
If we are found to be liable to you, our liability to you or to any third party is limited to the total fees you paid to us in the 12 months prior to the action giving rise to the liability.
Section 8 – Indemnification
You agree to indemnify Company and hold harmless from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by the Company in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit to your customized template website, or (ii) your use of our Services in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Company. You further agree to indemnify and hold harmless Company from any claim arising from a third party’s use of information or materials of any kind that you submit to, post to or transmit to your customized template website.
Section 9 – Binding Arbitration and Choice of Law
Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be settled by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association, at the option of either party, by a panel of three neutral arbitrators. In the event either party demands such arbitration, the American Arbitration Association shall be requested to submit a list of prospective arbitrators consisting of persons experienced in matters involving business disputes. The party bringing or initiating the action shall be responsible for paying all costs for arbitration, including the arbitrators’ fees. Each party shall bear its own attorneys’ fees, unless attorney’s fees may be awarded to the prevailing party as a matter of substantive law. The arbitrator shall have no authority to award any punitive or exemplary damages; add any parties; vary or ignore the provisions of this Agreement; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. The arbitration shall be conducted in English in the County Nassau, New York. The provisions of New York of Civil Procedure, and the laws of the State of New York, are incorporated herein and shall be applicable to the arbitration. Any arbitration award may be entered as a judgment in any court of competent jurisdiction.
Section 10 – Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
Section 11 – General Provisions
This Agreement supersedes any previous agreements to which you and Company may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.