The following terms and conditions govern all use of the DoneDealWebsite.com website and all content, services and products available at or through the website, including, but not limited to, the Done Deal Free Website (“Done Deal Free”), Done Deal Basic Website (“Done Deal Basic”), Done Deal Pro Website by (“Done Deal Pro”) and Done Deal Master Website (“Done Deal Master”), (taken together, the Website).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Serve Sense, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your DoneDealWebsite.com Account and Site.
If you create a website on the Website, you are responsible for maintaining the security of your account and website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You must not describe or assign keywords to your website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Serve Sense may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Serve Sense liability. You must immediately notify Serve Sense of any unauthorized uses of your website, your account or any other breaches of security. Serve Sense will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Keeping Free Accounts Active
Members with free website accounts must be log in at least once every 30 days to keep their account active and open. Members who do not log in at least once every 30 days will have their account and website deleted. Free members are responsible for logging in at least once a month, whether or not they receive a reminder email from DoneDealWebsite.com. We may send out reminder emails, but if we don’t, or if you don’t receive the email, it is still your responsibility to log in at least every 30 days. We use automated software that deletes accounts and websites when the associated user has not logged in for 30 days or more. Once an account or website is deleted, all data and content associated with that account is deleted and cannot be restored. DoneDealWebsite.com assumes no responsibility for any of your lost content or data. While unlikely, DoneDealWebsite.com is also not responsible for any accounts that are deleted in error. For example, if you logged in to your account within a 30-day period but for some reason the login was not recorded properly and your website gets deleted, or if the software that deletes accounts malfunctions and your website gets deleted, you agree to hold harmless DoneDealWebsite.com, Serve Sense, LLC as well as its owners, members, and any other associated parties.
- Responsibility of Contributors.
If you operate a website, comment on a website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your website is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other websites and web sites, and similar unsolicited promotional methods; your website is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your website’s URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Serve Sense or otherwise.
By submitting Content to Serve Sense for inclusion on your Website, you grant Serve Sense a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your website. If you delete Content, Serve Sense will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Serve Sense has the right (though not the obligation) to, in Serve Sense’s sole discretion (i) refuse or remove any content that, in Serve Sense’s reasonable opinion, violates any Serve Sense policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Serve Sense’s sole discretion. Serve Sense will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.General Terms.
Paid services such as our paid website plans, extra storage, or domain purchases are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Serve Sense the monthly or annual subscription fees indicated for that service for services that include a recurring payment. Other products or services may have only a one-time payment. Recurring payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
Unless you notify Serve Sense before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard.
- Paid Services.
Fees; Payment. By signing up for a Done Deal Website paid account you agree to pay Serve Sense any applicable setup fees and monthly fees indicated at https://DoneDealWebsite.com in exchange for the services listed at https://DoneDealWebsite.com. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Serve Sense reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you via e-mail. Paid services can be canceled by you at anytime. Unused service will not be refunded, either in full or prorated.
Paid services include access to email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Serve Sense to respond within two business days) concerning the use of the Done Deal Website services. All support will be provided in accordance with Serve Sense standard Done Deal Website practices, procedures and policies. Free accounts do not include support.
- Responsibility of Website Visitors.
Serve Sense has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Serve Sense does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Serve Sense disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which DoneDealWebsite.com links, and that link to DoneDealWebsite.com. Serve Sense does not have any control over those non-DoneDealWebsite websites and webpages, and is not responsible for their contents or their use. By linking to a non-DoneDealWebsite website or webpage, Serve Sense does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Serve Sense disclaims any responsibility for any harm resulting from your use of non-DoneDealWebsite websites and webpages.
- Copyright Infringement and DMCA Policy.
As Serve Sense asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by DoneDealWebsite.com violates your copyright, you are encouraged to notify Serve Sense in accordance with Serve Sense’s Digital Millennium Copyright Act (“DMCA”) Policy . Serve Sense will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Serve Sense will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Serve Sense or others. In the case of such termination, Serve Sense will have no obligation to provide a refund of any amounts previously paid to Serve Sense.
- Intellectual Property.
This Agreement does not transfer from Serve Sense to you any Serve Sense or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Serve Sense. Serve Sense, DoneDealWebsite, DoneDealWebsite.com, the DoneDealWebsite.com logo, and all other trademarks, service marks, graphics and logos used in connection with DoneDealWebsite.com, or the Website are trademarks or registered trademarks of Serve Sense or Serve Sense’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Serve Sense or third-party trademarks.
Serve Sense reserves the right to display advertisements on your website unless you have purchased a paid account. All members, free or paid, may receive advertisements within their website dashboard when logged in. But only free members will have advertisements on their website that all visitors to their websites will see.
Serve Sense reserves the right to display attribution links such as ‘Website by DoneDealWebsite.com,’ theme author, and font attribution in your website footer or toolbar. Footer credits and the DoneDealWebsite.com toolbar may not be removed regardless of upgrades purchased. This applies to both free and paid website accounts.
- Domain Names.
If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
Serve Sense reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Serve Sense may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Serve Sense may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your DoneDealWebsite.com account (if you have one), you may simply discontinue using the Website. If you have an account, you should cancel the account to end any billing you have in place and to remove your website account. All provisions of this Agreement 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.
The Website is provided “as is”. Serve Sense 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 Serve Sense nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability.
In no event will Serve Sense, 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 Serve Sense under this agreement during the twelve (12) month period prior to the cause of action. Serve Sense 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. Additionally, it is your responsibility to determine whether any pages included with your website are legal in your area. By including pages with your website, Serve Sense is not implying that they can legally be used in your area or in any area. Laws vary by area and change regularly.
- General Representation and Warranty.
You agree to indemnify and hold harmless Serve Sense, 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 the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Serve Sense and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Serve Sense, or by the posting by Serve Sense of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Virginia, 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 Roanoke County, Virginia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled by Consolidated Mediation & Consultation Services, Inc. The arbitration shall take place in Roanoke, Virginia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. 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; Serve Sense 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.