The WP-Member.com Web Site (the “Site”) is an online information service provided by WP-Member (“WP-Member “), subject to your compliance with the terms and conditions set forth below. Please read this document carefully before accessing or using the site. By accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site. WP-Member may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks is WP-Member.com, its affiliates or other third party licensor. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to WP-Member a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to WP-Member by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against WP-Member for any alleged or actual infringement or misappropriation of any proprietary right in your communications to WP-Member.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of WP-Member.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
All products, domain names and content are copyright to the full extent of the law. We fully reserve the rights of all products, website (in its entirety) and intellectual property.
In no event will WP-Member be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if WP-Member or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. in such states, wp-member liability is limited to the greatest extent permitted by law.
WP-Member makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-WP-Member web site, please understand that it is independent from WP-Member, and that WP-Member has no control over the content on that web site. In addition, a link to a WP-Member web site does not mean that WP-Member endorses or accepts any responsibility for the content, or the use, of such web site.
We accept no liability, implied, or otherwise, should the use of our products or services cause downtime, loss of earnings or any other negative impacts. We will be more than happy to offer support and assistance where possible to resolve any issues you may experience when using one of our products or services, however, it is your responsibility to ensure that you always have a backup of your sites files, databases and other information before making any changes.
You agree to indemnify, defend and hold harmless WP-Member, its officers, directors, employees, agents, licensor, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of WP-Member and its officers, directors, employees, agents, licensor, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall be governed and construed in accordance with the laws of the United States applicable to agreements made and to be performed in the United States. You agree that any legal action or proceeding between WP-Member and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in United States . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. WP-Member’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. WP-Member may assign its rights and duties under this Agreement to any party at any time without notice to you.
We accept no responsibility for any damage or loss of earnings to your blog in any instance when using WP-Member products. It is your responsibility to keep a regular backup of your database and/or relevant files so that if the worst does happen, you can use your backup to bring your blog back online.
All support, customer services and billing inquiries should be made via the support section of our site. Our staff will always do their best to assist you where possible.
If you experience a problem that can not be fixed by following our instructions, it may be required that we access your site to test, isolate and rectify / advise you of our findings. Failure to supply or allow access may result in our support staff being unable to assist you.
Any form of abuse, foul language, threats or blackmail will result in the suspension of your license, we will revoke your ability to use our support system and you will be banned from all of our websites. Offenders will not be offered or entitled to any refunds in part or full. All attempts to threaten or blackmail us will be reported directly to the relevant legal authorities.
Changes to our Terms of service and terms & conditions will be made without direct notification. It is your responsibility to ensure you check for changes in our terms of service and terms & conditions. All changes are posted on the Site News category of our blog.
We have tested WP-Member with many major plugins to make sure that it will work seamlessly with an average WordPress installation. However, because there are billions of combinations of plugins and themes, we can not guarantee WP-Member to work with every combination. We can only guarantee WP-Member to work with a fresh default install of WordPress. We will work with will work with all users who experience any problems to find the part of the site that is stopping WP-Member from working.
Our ongoing work and support structure means that there should be no instances where a PayPal dispute should be required. If you have a problem with one of our products or services, please contact our support staff and give us an opportunity to correct the problems.
By opening a PayPal dispute you forfeit your right to any refund or support. We will immediately terminate any license or service connected to a disputed PayPal payment.
-Not As Described
If you believe any of our products are incorrectly described, you should contact our Customer Services team. We work hard to ensure that all our descriptions are accurate.
-Product Not Received
If you have paid for your product, but you are unable to download it, you should contact our billing department. From time to time, PayPal can take longer than usual to confirm your payment after you have made your purchase. In all cases, you should contact our support department so that they can investigate this issue.
An “Unauthorized Payment” dispute should only ever be opened when someone other than the named account holder has used the PayPal account in question to make a payment that you did not authorize. In the event of an “Unauthorized Payment” dispute being opened, we will fully support both the PayPal account holder and PayPal by providing statistical evidence of activity logged on our website by the person who made the payment. PayPal will then use these details including IP, screen resolution and many more statistics to check against your Paypal account and confirm if the purchase was made using your connection and/or PayPal account.
When opening an “Unauthorized Payment” dispute you will have to agree to PayPal terms which include confirming that the information you have submitted is correct and factual, facing legal action if the information is found to be incorrect as this action can be viewed as attempted fraud.
When we receive dispute case details from PayPal, we will freeze all associated accounts and prepare our full defense for the case. This process takes time, resources and money. If PayPal decides that your claim is unjustified, we will take all necessary action to recover from you, the cost incurred when defending your unjustified claim, including legal costs, defense preparation and any other associated costs. We will suspend and/or terminate all accounts and products/services associated with the disputed account, offering no refunds in part or in full. If you bought a domain from us, we will terminate your domain and dispose of it however we see fit to cover the remaining costs incurred when defending the unjustified dispute that was made against us via your PayPal account. While we will always try to be as fair as we can, we do not think that it is fair to pass the price of defending ourself against an unjustified “Unauthorized Payment” dispute onto our other clients who have not made unjustified claims against us.
Any disputes opened with PayPal that do not provide accurate & valid reasons why it is being disputed will be instantly escalated to PayPal
Any users found to be making untrue claims about our staff, company, products, services or other areas of our business will be banned from our website and all privileges will be removed. We will pursue all slanderous comments to the full extent of the law. We would like to point out that we have no intention to restrict anyone’s freedom of speech, but we will protect our business name and image against misleading, untrue or otherwise slanderous comments.
All complaints should be directed to our customer services department who will be happy to assist you and do their best to resolve your complaint to a satisfactory outcome.
All details obtained during registration, ordering or other activity on our site are held with the strictest confidence. We will never sell or give your information to any external companies or sites.
The email address used when you create an account on our licensing server will be used to contact you when an update has been released. You can not use an e-mail address that requires verification to receive emails. We do not send our customers spam, we only email relevant information relating to our company, products and services.
Subscribing to our newsletter is optional and involves a double opt in system for added security and verification. We will from time to time send offers and discounts to newsletter subscribers.
It is your responsibility to ensure that your personal details are kept up to date. Any users whose email address repeatedly returns undeliverable, not known, DNS or other errors will have their accounts temporarily suspended as a precautionary security measure.
Anyone found to be using false, fraudulent or otherwise incorrect information will have their accounts and licenses suspended and will be revoked access to our websites and support system.
Anyone found to be committing fraud, or receiving charge-backs on sales will have their accounts suspended and all funds frozen.
Hosting, Online Storage and Related Services
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
You agree to supply appropriate payment for the services received from WP-Member, in advance of the time period during which such services are provided. You agree that until and unless you notify WP-Member of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of WP-Member, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. WP-Member provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.
Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal If you require assistance with this provision, please contact sales@WP-Member.com
WP-Member reserves the right to change the monthly payment amount and any other charges at anytime.
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. WP-Member is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on WP-Member servers.
Clients can submit cancellation requests at any time. After a cancellation, additional invoices will not be issued. If the product/service has a recurring payment it may be automatically be canceled at the end of the current billing cycle, however some recurring payment subscriptions may also require that you cancel the subscription in your PayPal or Google Checkout account.
Refunds will not be issued for any canceled products and/or services. Before cancellations will be accepted, your account must not have any overdue invoices.
WP-Member reserves the right to cancel any account at any time with or without notice.
WP-Member.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, a subscription (or any part thereof) that we offer with or without notice.
We reserve the right to change prices listed on WP-Member.com, and the right to alter the license terms given to plans at any time.
Customer agrees that it shall defend, indemnify, save and hold WP-Member harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against WP-Member, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless WP-Member against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with WP-Member; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from WP-Member’s server.
By using any WP-Member services, you agree to submit to binding arbitration. If any disputes or claims arise against WP-Member or its subsidiaries, such disputes will be handled by an arbitrator of WP-Member’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You (the client) are also responsible for any and all costs related to such arbitration.
WP-Member shall not be responsible for any damages your business may suffer. WP-Member makes no warranties of any kind, expressed or implied for services we provide. WP-Member disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by WP-Member and its employees.
WP-Member may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
WP-Member reserves the right to revise its policies at any time without notice.
Invoices are generated periodically for products and/or services with recurring billing. Your account will show the next due date for your product and/or service.
When an order is placed an an initial invoice is created, you are given 3 days grace in which to pay the invoice before it becomes overdue.
Any new orders with overdue invoices will remain inactive until the payment has been received. No accounts, products or services will be activated without an initial payment, unless the product is free.
Invoices for recurring products and/or services will be generated 14 (FOURTEEN) days before the payment is due. This is done so that all clients have enough time to ensure that the payment is ready and the invoice can be paid on time. If paying using an active subscription, this will give the client time to ensure that sufficient funds are within their payment account prior to the due date.
If an invoice remains unpaid for more than 7 days, our system will automatically suspend your account, products and/or services. You will be sent a first overdue invoice reminder and will have a late fee of 10% added to your invoice. Your account and any relevant products and/or services will remain suspended until you bring your account back into good standing with no overdue invoices.
For clients with multiple unpaid invoices, we may charge a $25 reactivation fee if you do not pay your overdue invoices after 14 days notice. The reactivation fee will be donated by us to a charity of our choice.
WP-Member license purchases made after February 18, 2013 are eligible for a 30 day refund privilege period. If for any reason you are dissatisfied with your purchase you may request a refund by opening a ticket with our support staff. Refunds will be processed within 14 days from the date of the request.
Opening a PayPal dispute or filing for a charge-back with your credit card issuer or bank will result forfeiture of your refund privilege. We will not refund any license purchase after a charge-back or payment dispute has been initiated.
After the 30 day refund period has passed from the date of your license purchase we will not issue refunds. You (the client) are responsible for understanding the 30 day refund period upon registering and/or placing an order.
WP-Member.com offers products and/or services ‘as is’, with no implied warranty, meaning that they may not function exactly as you wish or with all 3rd party components and plugins. WP-member does not offer support via email or otherwise for administration of WordPress itself, support for other 3rd party themes or plugins, or customization of WP-Member beyond it’s stated features, unless stated otherwise.
Some reported issues may require FTP and/or admin access to your server/website so that the reported issue can quickly and accurately be addressed, isolated and rectified. Failure to provide access will result in our support staff being unable to troubleshoot the reported issue. Failure to supply required login details may result in our support staff being unable to assist you further with your reported issue.
When requesting support, you should always do so via our support page which is located at http://WP-Member.com/support/ ensuring that you follow the on screen guidelines and provide accurate answers to all requested information. Incomplete support requests or support requests opened in incorrect departments may not be replied to as quickly as requests containing correct information which have been opened in correct departments.
Our support staff are here to assist you in any way they can. If you have any complaints about any of our staff, please ask to talk with a manager and your ticket will be passed to the relevant manager.
Anyone found using foul, abusive or threatening language or behavior will have their accounts suspended.
WP-Member Single Site license is licensed for use on one domain name/website at any time.
WP-Member Multi Site license and WP-Member Developer license are licensed for use on multiple domains/websites and may be used on any of your own websites, they may not be redistributed or shared with other users who did not purchase the license.
With the exception of Developer license holders who have access to Open Source code, all coding of WP-member is encrypted and you are not allowed to edit files or coding without our authorization. You can not claim any of our work as your own. You can not alter software images or rename the software. You can not resell our software under their current names or any others.
Unless otherwise stated, all communications with any member of our staff or company representative, including, but not limited to, e-mail, support tickets, live chat, are copyrighted to WP-Member.com and should not be used or reproduced in any manner without our expressed written permission. Reproducing copyrighted material will be a breach of our terms as well as infringement and violation of our copyrights.
It is the clients responsibility to ensure that they have accurate, up to date and full backups of their site at all times.
WP-Member.com does not provide any warranty or guarantee for any products/services in any manner. We cannot guarantee they will function with all 3rd party components, plugins or web browsers. Browser compatibility should be tested against the demonstration websites linked from our main description where available. Please ensure that the browsers you use will work with the software as we can not guarantee that WP-Member.com software will work with all browser combinations.
Unless otherwise stated, all content, including but not limited to text, images and other forms of media are protected by copyright and intellectual property rights and are the ownership of WP-Member.com. You should not duplicate any content without the express written consent of WP-Member.com
WP-Member.com reserves the right to change or modify current Terms and Conditions with no prior notice.