TERMS OF USE AGREEMENT

Read this Terms of Use Agreement (“Terms of Use”) before using our services, or accessing our client area. The Terms of Use set forth the standards of use of the Service provided by WP Harbor, for Registered Clients and individuals who the client authorizes to use the Service on their behalf. By using WP Harbor’s Services and/or client area you (“the Client” or “you”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of our services. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted to WP Harbor (the website). You will be notified of changes to the Terms of Use by the email account that you use to register for service. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Access To Our Service

You must be eighteen (18) years or older to legally access and agree to the Terms of Use set forth herein. If you are under eighteen years old, you are not permitted to access nor acquire any services from WP Harbor.

Free Trial

WP Harbor offers a fifteen (15) day free trial so that new Clients can be sure we do good, quality work before having to pay for the first month of service.  We ask that the Client enter this relationship with the intent of continuing past the free trial. If this is not the case, if the Client is only curious about our service and has no intention of ever paying for our service, please do not sign up for the free trial. It hurts our company and our other clients. We suggest instead that the Client ask questions of our customer service representatives and create a plan for how the Client will use our service and then, when the Client is sure that the Client wants to work with us, sign up for the free trial.

We collect credit card information in order to commence service. However, the Client’s credit card will not be billed for their plan until after the free trial.

To cancel the free trial, complete the Service Cancellation form located at the following URL: http://wpharbor.com/service-cancellation

If the Client cancels service during the free trial, the Client will never be billed. If the Client does not cancel during the free trial period, the Client will be automatically billed for service.

Satisfaction Guarantee

If at any time the Client is dissatisfied with the services WP Harbor has provided, the Client can request a refund for the current month of service. Work completed during the current month may be reverted, and plugins included in our service will be removed. The Client will not receive a refund for material charges or a refund for every month that the Client was billed for our service. In other words, if the Client signed up in January and became dissatisfied the following September, the Client would get a refund for September, not a refund for the entire 9-month period.

Description of Service

WP harbor is providing the client with Website Management Services (the “Service”) The client must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) pay any fees related with such connection.  The scope of Service may include, but is not limited to: Web Hosting, Website Updates, Web Design & Development, Search Engine Optimization, Domain Registration & Updates, Email Administration. The scope of the service may be limited or expanded by Client and WP Harbor as they mutually agree.

Agency Relationship

WP Harbor is your agent. That means that anything we do on your behalf has the same effect as if you have done it yourself. We act as an extension of you and your businesses. Our responsibility is to carry out your instructions and to work within the limits of the authority you grant us. You and you alone are responsible for the transactions entered into on your behalf, and this responsibility continues even if you stop being our Client.

Disclaimer of Warranties

The service provided by Wp Harbor is on an “as is” and  “as available” basis. To the fullest extent permitted by applicable law, WP Harbor makes no representations or warranties of any kind, express or implied, regarding the use or the results of services in terms of its correctness, accuracy, reliability, or otherwise. WP Harbor shall have no liability for any interruptions in the use of service. WP Harbor disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.

Limitation of Liability

WP HARBOR SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, WP HARBOR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE OF SERVICE OR THE INFORMATION PROVIDED FROM IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WP HARBOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SATISFACTION GUARANTEE CONTAINED WITHIN THE TERMS OF USE LIMITS THE CLIENT TO A REFUND OF ONLY THE CURRENT MONTH OF SERVICE AND DOES NOT CREATE A CLAIM FOR DAMAGES AND DOES NOT CONFLICT WITH THIS LIMITATION OF LIABILITY.

Indemnification

As our Client, you agree to indemnify and hold WP Harbor, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Service, the violation of this Agreement, or infringement by you, or other users of the Service using Client’s computer, of any intellectual property or any other right of any person or entity.

Subscription Payment Method

We work on a pay-in-advance, subscription model.  The client will be billed for their plan every 30 days until you cancel our service by completing the Service Cancellation form located at the following URL: http://wpharbor.com/service-cancellation 

Any cancellation or downgrade of your Subscription plan level will take effect on the next billing cycle.

Additional Charges

All additional charges will be made known to the Client in advance. Examples of additional charges include: Plugins, Themes, or other 3rd party website integrations. The Client will never receive a bill for additional charges that the Client did not authorize in advance. The credit card used to pay for the Client’s monthly subscription plan will be charged within thirty days (30) of the date the Client approved the additional charges.

Client Account

The client will receive a password and an account. The Client is entirely responsible for any and all activity that occurs under their account whether authorized or not. The Client agrees to notify WP Harbor of any unauthorized use of the client’s account or any other breach of security that becomes known by the Client. The Client is entirely responsible for any unauthorized activity that occurs under their account as a result of the Client’s failure to maintain the security of its account. The Client’s right to use the Service is personal to the Client. The client agrees not to resell or make any commercial use of the Service without the express written consent of WP Harbor.

Modifications and Interruption to Service

WP Harbor reserves the right to modify or discontinue the Service with or without notice to the Client.  WP Harbor shall not be liable to the Client or any third party should WP Harbor exercise its right to modify or discontinue the Service. The client acknowledges and accepts that WP Harbor does not guarantee continuous, uninterrupted access to our website, and the operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Clients to review said terms of use and privacy policies of third parties sites.

Disclaimer Regarding Accuracy of Vendor Services and Products

While WP Harbor makes every effort to ensure that the information provided by our service is accurate; we can make no representations or warranties as to the accuracy or reliability of any product specifications, services, and other information that have either been provided by Vendors or collected from publicly available sources. WP Harbor makes no warranties or representations whatsoever with regard to any product provided or service offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

Governing Law 

Our company is located and operated in the State of Michigan. As such, we are subject to the laws of the State of Michigan, and such laws will govern these Terms of Use, without giving effect to any choice of law rules. We make no representation that our service or website is appropriate, legal, or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the laws of the State of Michigan and agree that you are doing business within the County of Muskegon, State of Michigan and therefore subject to the jurisdiction of the Courts within Muskegon County, Michigan.

Compliance with Laws

The client assumes all knowledge of applicable law and is responsible for compliance with any such laws. Client may not use the Service in any way that violates applicable local, state, federal, or international laws, regulations or other government requirements. Client further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information

All content included or available on wpharbor.com, including our site design, the text, graphics and interfaces on our site, and the selection and arrangements of the elements of our site is © 2017 by WP Harbor with all rights reserved, or is the property of WP Harbor and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of WP Harbor, is strictly prohibited. Clients agree that they will not use any robot, spider, or other automatic devices, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of WP Harbor.

WP Harbor’s trademarks may not be used in connection with any product or service that is not provided by WP Harbor in any manner that is likely to cause confusion among our customers, or in any manner that disparages or discredits WP Harbor.  Your use of our Service does not grant you any rights to use our marks or our copyrighted material.

All other trademarks displayed on WP Harbor’s website are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with WP Harbor.

Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, WP Harbor designates the following individual as its agent for receipt of notifications of claimed copyright infringement:

Individual: Chad Lawie
By Mail: 800 E. Ellis Road, Suite 576, Muskegon, MI 49441
By Telephone: 1 (800) 407-1114
By Email: [email protected]

Arbitration

If a dispute arises regarding the interpretation or enforcement of any provision of this Terms of Use Agreement, the parties agree to meet in person or by telephone to attempt in good faith to resolve the dispute.  If that discussion fails, they agree to submit the dispute to the Westshore Dispute Resolution Center or to a mediator acceptable to each of them, with the mediator’s fee being shared equally.  If the mediator fails to bring about a mutual resolution of the dispute, the same person shall arbitrate the dispute using the rules promulgated by the American Arbitration Association.  The arbitrator’s decision shall be binding on the parties and shall include an allocation of the costs for the mediation/arbitration service.  This process shall be the sole recourse of the parties in the event of a dispute, other than for the enforcement of the arbitrator’s award, which may be had by application to the Circuit Court of Muskegon County, Michigan, which shall have exclusive jurisdiction over the matter.

Non-Solicitation

The client agrees that by engaging the services of WP Harbor, it may be working with and have material and personal contact with employees of WP Harbor. Client, therefore, covenants and agrees that during the terms of Service used by Client and for two (2) years after the termination thereof, regardless of the reason for the termination of service, Client will not, directly or indirectly, on its own behalf or on behalf of or in conjunction with any person or legal entity, recruit, solicit, or induce, or attempt to recruit, solicit, or induce, any employee of WP Harbor with whom the Client had personal contact, to terminate their relationship with the WP Harbor. Client agrees that should Client violate the terms of this Agreement, Client will be liable for liquidated damage in the amount of $25,000 per employee induced to separate from WP Harbor and all reasonable costs and attorney fees related to the collection of same. All employees of WP Harbor sign non-solicitation agreements that prevent circumventing WP Harbor, or working directly with clients they were introduced to through their employment by WP Harbor.

Other Terms

If any provision of this Agreement shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by WP Harbor, in our sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Client. The client agrees that by accepting this Agreement, the Client is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.