This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of masterwebsiteconversions.com and related subdomains (collectively, “Website”), as owned and operated by Alex Designs LLC (Alex Designs). The last update to our Terms of Service was posted on May 1, 2014.
We may amend our Legal Terms at any time without specific notice to you. The latest version will be posted on our Website and will be effective as of the date last updated. After any revisions to our Legal Terms are posted, you agree to be bound to any changes made. You should periodically review our Legal Terms and if you do not accept our Legal Terms, you should discontinue your access to our Website and not download any further Templates from it.
The terms, “us” or “we” or “our” refers to Alex Designs, the owner of the Website.
A “Customer” is an individual or business who has downloaded Templates through our Website. A “Visitor” is someone who merely browses our Website. Any person who uses our Website is “User.”
A “Template” is a collection of web-related software files, offered as a collective product for download through our Website.
All text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of any paid features, are collectively known as our “Content”.
Our Legal Terms are governed by the United States’ Electronic Signatures Act. As such, your use of our Website, Join Membership and acquisition of Templates do not require physical signature of our Legal Terms to be legal binding upon you. You understand that you waive any rights to signature-based defenses.
Templates and Support
Our Templates are considered licensed software, subject to our End User License Agreement (“EULA”). Our EULA governs this license and your use of our Templates, whether you downloaded the Templates for free or paid for them. We offer support only to those Customers that have valid licenses for our Templates. Our support is limited to email support and we make no warranties or guarantees with regards to response times for support issues. We don’t offer support for anything other than our Templates (i.e. we don’t handle programming issues).
Our Intellectual Property
You understand and agree that our Website, Templates, and related technologies are protected by United States and international copyright laws and as such, you will not attempt to reverse engineer or otherwise duplicate our Website and related technologies. Any violation of this provision is grounds for subjecting you to civil and criminal action under current United States and international copyright laws. You understand and agree that Alex Designs, and other Template and company names mentioned on our Website may be trademarks and/or service marks of their respective owners, and that as such, you may not use any such trademark or service mark in any manner which violates United States and international trademark laws.
No Liability for Access by Minors
Alex Designs is not responsible for determining the age of its Users and has no liability whatsoever should a minor use our Website but would otherwise be prohibited due to the minor’s age.
The opinions expressed on our Website are strictly those of the person who gave them and are no way endorsed or otherwise supported by Alex Designs, other than that they appear on our Website. You understand and agree that you rely upon any Content solely at your own risk. We have no obligation to update any content on our Website, and we do so at our sole discretion. Our Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date, and similar to any printed materials, it may become out-of-date.
General Liability Disclaimer
Alex Designs is not responsible or liable in any manner for any Content on our Website, including, but not limited to, factual information, 3rd party applications, viruses, etc. as posted on our Website or caused by Users of the Website, or in connection with third parties or by any of the equipment or programming associated with or utilized in our Website. Although we provide rules for User conduct, we do not control nor are not responsible for what Users post, transmit or share on our Website. Furthermore, we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website. Alex Designs is not responsible for the conduct, whether online or offline, of any User of the Website.
Our Website may be temporarily unavailable from time to time for maintenance or other reasons. Alex Designs assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications in your use of our Website. Alex Designs is not responsible for any technical malfunction in your use of our Website, including, but not limited to, problems with using the Website, lost orders for Template licenses, and lost or undeliverable email. Under no circumstances will Alex Designs be responsible for any loss or damage, including, but not limited to personal injury or death, resulting from use of our Website, or any interactions between Users of our Website, whether online or offline.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ALEX DESIGNS AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION AS FOUND ON OUR WEBSITE. ALEX DESIGNS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE, OUR CONTENT, OR OUR TEMPLATES. ALEX DESIGNS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS FOUND ON OUR WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT OUR WEBSITE, SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SERVICE TO DETECT AND DISINFECT VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY ELECTRONIC FILE DOWNLOADED OR OTHERWISE RECEIVED FROM ALEX DESIGNS IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT FROM OR THROUGH OUR WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
ALEX DESIGNS AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. OUR WEBSITE, OUR CONTENT, AND OUR TEMPLATES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
IN NO EVENT WILL ALEX DESIGNS OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, OUR CONTENT, OR OUR TEMPLATES, EVEN IF ALEX DESIGNS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ALEX DESIGNS’ SOLE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ALEX DESIGNS FOR THE PURCHASE, IF ANY, GIVING RISE TO LIABILITY.
Waiver of Liability for Links to Other Website
Our Website may contain links to other websites. You understand and agree that Alex Designs has no control over the content of any such websites, especially with regards to the accuracy, reliability, and timeliness of their content. These websites will have their own legal terms to which you must agree to use them. As always, you understand and agree that your use and reliance on any content from such other websites is solely at your own risk. You understand and agree that Alex Designs is in no way liable for any damages to you that may arise from such use or reliance, regardless of the fact that you reached such a website through our Website.
Promotional Lists and Newsletters
You understand and agree that by using our Website, Joining Membership or ordering Templates, your name may be placed on promotional lists to receive emails regarding our Website, Membership and our Templates, news from our affiliates, and our newsletter. If at any time you no longer wish to receive such emails, please send an email to email@example.com to unsubscribe.
Advertisers, User Contributions, Testimonials and Opinions
You understand that our Website and any emails you receive from Alex Designs or our affiliates may include advertisements, User-contributed materials (such as blogs or discussion groups), testimonials and opinions from other individuals, including, but not limited to, Customers, other Users of our Website, manufacturers or providers of related products or services, and other industry professionals. You understand and agree that such advertisements, User-contributed materials, testimonials, and opinions are considered those of the individual that gave them and in no way represent a warranty of our Website. Furthermore, you understand and agree that Alex Designs is no way liable for the content and your reliance on it of any such advertisements, User-contributed materials, testimonials, and opinions.
Rules of Conduct While Using Our Website
All Users of our Website understand and agree to the following rules of conduct while using our Website:
- You agree to use our Website, our Content, and our Templates solely for their intended purposes only.
- You agree to abide by our Legal Terms, and if you order a Template, our EULA.
- You agree to not use our Website or any content obtained from them to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.
- You agree to not use automated scripts to collect information from or otherwise interact with our Website.
- You agree to not harvest or collect email addresses or other contact information from Users of our Website for the purposes of sending unsolicited emails or other unsolicited communications.
- You agree to not upload, post, or otherwise transmit any content to Alex Designs, our Website, our affiliates, and Users:
- That is unlawful, harmful, threatening, defamatory, vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, harms minors, or is ethically or otherwise objectionable.
- That you do not have a right to transmit under any law or under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
- That infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- That interferes with or disrupts the Alex Designs servers or networks.
- That intentionally or unintentionally violates any applicable local, state, national or international law.
- That collects, displays, or stores personal data about other Users or third parties, through programmatic or any other means, including, but not limited to, addresses, phone numbers, email addresses, identification or tax numbers, and credit card numbers.
- That promotes or provides instructional information about illegal activities; promotes hate, physical harm or injury against any group or individual; or promotes any act of cruelty to animals. This may include, but is not limited to offers of prostitution, the illegal sale of firearms, instructions on how to commit crimes, selling alcohol to minors, etc.
- That is in any way considered unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- That, in our sole discretion, is objectionable or which restricts or inhibits our Users from using our Website as offered, or which may expose Alex Designs and its Users to any harm or liability.
- For Customers, you agree that your interaction with our Website or order of Templates, in no way creates an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Alex Designs and you.
- For Customers, you agree to provide us with a current email address that you have access to and actively monitor.
You agree to indemnify Alex Designs and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, providers, and affiliates from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or our EULA.
Release of Personal Information
Payments for Templates and Premium Membership
While you may have limited downloads of Templates at no cost, if you pay for unlimited downloads, you represent and warrant that when you make any payments to Alex Designs:
- You agree to pay the fees at our then-current prices as posted on our Website, including any applicable taxes
- You agree to provide true and complete credit and billing information;
- You agree that fee will be honored by your bank or credit card company; AND
- You agree that if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.
Alex Designs has the following delivery policies with regards to our Templates:
- Templates are electronically downloaded to your computer upon completing your order through our Website.
- Alex Designs is not liable for Templates not delivered to you due to antivirus programs, security settings, and file size restrictions on your computer. If you receive errors attempting to download a Template after ordering, please contact our customer service immediately. Your failure to contact our customer service for such issues is considered acceptance of the delivery.
No Refund Policy
Alex Designs does not provide refunds for the Membership or Templates you download from our Website.
Alex Designs has a zero-tolerance policy regarding payment charge-backs and we ask that you contact us if you have an issue with our Templates or if you suspect credit card fraud with regards to a purchase from our Website. However, if you start a charge-back process with your bank or credit card company for a payment made to us, Alex Designs reserves the right to turn over all related materials to your bank and credit card company as well as authorities for determination if you are committing fraud. In addition to our fees, you will also be liable for any administrative costs we incur in processing such charge-back.
Choice of Law
You agree that the laws of State of Florida in the United States are to be used with regards to any interactions with Alex Designs, our Website, and our Legal Terms.
Arbitration of Disputes
To the extent allowed by law, we each irrevocably waive any and all rights to trial by jury in any legal proceeding between you and us arising out of your interactions with Alex Designs, our Website, or in relation to a breach of our Legal Terms. All disputes must be brought within one (1) year of the event giving rise to the dispute. If we cannot amicably resolve such dispute, we each agree to resolve any such dispute by arbitration. The arbitration proceeding shall be conducted in Miami, Florida in the United States, in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of both you and Alex Designs. If we cannot agree on an arbitrator, then the American Arbitration Association shall select an arbitrator. We both agree that the arbitrator cannot award punitive damages to either of us and agree to be bound by the arbitrator’s findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to Alex Designs through our Website or otherwise disclosed, submitted or offered in connection with your use of our Website, including, without limitation, completing online forms or surveys, public postings, or emails sent to us by you (collectively, “Communication”) shall be and remain the property of Alex Designs. We are under no obligation (1) to maintain any Communication in confidence; (2) to pay you or anyone else any compensation for any Communication; or (3) to respond to your Communication. You agree that no Communication submitted by you to our Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no Communication submitted by you to our Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Communication you make and we are not responsible for any falsehoods or inaccuracies in the information you provide us through our Website. You agree that Alex Designs may (but shall not be obligated to) send email to you for the purpose of advising you of changes or additions to our Website, our Templates, or for such other purposes as Alex Designs deems appropriate.
Use of our Website is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Alex Designs has endeavored to comply with all legal requirements known to it in creating and maintaining our Website but makes no representation that materials on our Website are appropriate or available for use in any particular jurisdiction. Use of our Website is unauthorized in any jurisdiction where all or any portion of our Website may violate any legal requirements and you agree not to access our Website in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall govern such use. Any alleged waiver of any breach of these Legal Terms shall not be deemed to be a waiver of any future breach. A printed version of this Agreement and/or of any notice given by Alex Designs in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of our Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Alex Designs in printed form.
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