Terms of Service

Summary

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://wpturnedup.com Website (the “Website”) operated by WP Turned UP, a(n) based in IL (“us”, “we”, “our”) as these Terms and Conditions contain important information regarding limitations of our liability. Your access to and use of the Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including, but not limited to: visitors, users and others, who wish to access or use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have our permission to access or use the Website.

Accounts

When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. You can terminate your account by doing the following: by emailing us.

Description of Service

WP Turned UP offers support to operators of websites running single-site installations of WordPress. Our services include but are not limited to, any service and/or content that we make available to or perform for you. Services are available only to legal entities and to individuals who are at least 18 years old.

Purchases

To effectuate a purchase, you will be asked to supply your credit card number, expiration date, CCV, and billing address.

All payments shall be processed immediately through a third party service. We are not responsible for the retention or safety of your billing information that is collected by the third party service.

You hereby represent and warrant that: (i) you have the legal right to use any payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete.

We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to: product or service availability, error(s) in your order, or for any other reason.

We have the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. If fraud or an unauthorized or illegal transaction is suspected, we have the right to contact law enforcement to report the above actions and to provide your information.

We hereby disclaim all warranties and conditions with regard to this information, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.

Third-Party Services and Materials

WP Turned UP uses third-party services from preferred vendors as part of providing comprehensive solutions. You agree that your use of WP Turned UP services is subject to the Terms of Service of WP Turned UP as well as the Terms of Services of the individual third-party. WP Turned UP is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that WP Turned UP is not in any way responsible for any such use by you.

Preferred Vendors

WordPress

Your use of WP Turned UP’s services is subject to WordPress’s Terms of Service. WordPress is primarily responsible for the technical support of its services. Clients that have an active support plan with WP Turned UP will have the option of having WP Turned UP to provide the first line of support for third-party services.

Stripe

This section applies to clients that sign up for a monthly maintenance plan or purchase on-demand support. Your use of WP Tuned UP services is subject to Stripe’s Terms of Service for the services. WP Turned UP makes no warranties about the services provided by Stripe, and disclaims Stripe’s liability for any damages arising from our distribution of their services. Stripe is primarily responsible for the technical support of its services. Clients that have an active support plan with WP Turned UP will have the option of having WP Turned UP to provide the first line of support for third-party services.

ManageWP

This section applies to clients that sign up for a monthly maintenance plan. Your use of WP Tuned UP services is subject to ManageWP’s Terms of Service for the services. WP Turned UP makes no warranties about the services provided by ManageWP, and disclaims ManageWP’s liability for any damages arising from our distribution of their services. ManageWP is primarily responsible for the technical support of its services. Clients that have an active support plan with WP Turned UP will have the option of having WP Turned UP to provide the first line of support for third-party services.

Kinsta

If you purchase  Kinsta website hosting, this section applies. Your use of Kinsta services is subject to Kinsta’s Terms of Service for the services, which you’ll accept prior to using Kinsta for the first time. WP Turned UP is enrolled in the affiliate program of Kinsta, but makes no warranties about the services provided by Kinsta, and disclaims Kinsta’s liability for any damages arising from our distribution and resale of their services. Kinsta is primarily responsible for the technical support of its services. Clients that have an active support plan with WP Turned UP will have the option of having WP Turned UP to provide the first line of support for third-party services.

SiteGround

If you purchase SiteGround website hosting, this section applies. Your use of SiteGround services is subject to SiteGround’s Terms of Service for the services, which you’ll accept prior to using SiteGround for the first time. WP Turned UP is enrolled in the affiliate program of SiteGround, but makes no warranties about the services provided by SiteGround, and disclaims SiteGround’s liability for any damages arising from our distribution and resale of their services. SiteGround is primarily responsible for the technical support of its services. Clients that have an active support plan with WP Turned UP will have the option of having WP Turned UP to provide the first line of support for third-party services.

Change

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by 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 disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Termination

If you are unhappy with our platform we’d love for you to give us feedback on how we can serve you better. You are never required to stay with us, and you may cancel your subscription at any time.

We may terminate or suspend any and all services without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the terms. Upon termination, your right to use the services will immediately cease. All provisions of the terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

Our Services are provided “as is.” WP Turned UP and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither WP Turned UP nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you use our Services at your own discretion and risk.

Jurisdiction and Applicable Law

Except to the extent applicable law, if any, provides otherwise, this agreement, any access to or use of our Services will be governed by the laws of the state of Illinois, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Coles County, Illinois.

Limitation of Warranty

In no event will WP Turned UP, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to WP Turned UP under this agreement during the twelve (12) month period prior to the cause of action. WP Turned UP shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with the WP Turned UP Privacy Policy, with this agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third-party.

Indemnification

You agree to indemnify and hold harmless WP Turned UP, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our services, including but not limited to your violation of this agreement.

Translation

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

Miscellaneous

This agreement constitutes the entire agreement between WP Turned UP and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of WP Turned UP, or by the posting by WP Turned UP of a revised version.

If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this agreement to any party that consents to, and agrees to be bound by, its terms and conditions; WP Turned UP may assign its rights under this agreement without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Change Log

  • 3/6/19: Kinsta added as preferred vendors and misc adds/changes.
  • 11/18/17: WordPress, Stripe, and ManageWP added as preferred vendors and misc adds/changes.
  • 6/16/17: Document Implemented.
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