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 Midnight Pineapple, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Purchases. Optional premium paid services such as extra storage, domain purchases or VIP hosting are available on the Website. By selecting a premium service you agree to pay Midnight Pineapple the monthly or annual subscription fees indicated for that service (the payment terms for VIP hosting are described below). Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
2. VIP Services.
* Fees; Payment. By signing up for a VIP Services account you agree to pay Midnight Pineapple the setup fees and monthly hosting fees indicated at http://WebWarriorTools.com/vip-hosting/ in exchange for the services listed at http://WebWarriorTools.com/vip-hosting/. Applicable fees will be invoiced starting from the day your VIP Services are established and in advance of using such services. Midnight Pineapple reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. VIP Services can be canceled by you at anytime on 30 days written notice to Midnight Pineapple.
* Support. VIP Services include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Midnight Pineapple to respond within one business day) concerning the use of the VIP Services. “Priority” means that support for VIP Services customers takes priority over support for users of the standard, free WebWarriorTools.com blogging services. All VIP Services support will be provided in accordance with Midnight Pineapple standard VIP Services practices, procedures and policies.
5. Responsibility of Website Visitors. Midnight Pineapple 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, Midnight Pineapple 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. Midnight Pineapple 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.
6. 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 WebWarriorTools.com links, and that link to WebWarriorTools.com. Midnight Pineapple does not have any control over those non-Web Warrior Tools websites and webpages, and is not responsible for their contents or their use. By linking to a non-Web Warrior Tools website or webpage, Midnight Pineapple 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. Midnight Pineapple disclaims any responsibility for any harm resulting from your use of non-Web Warrior Tools websites and webpages.
7. Copyright Infringement and DMCA Policy. As Midnight Pineapple 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 WebWarriorTools.com violates your copyright, you are encouraged to notify Midnight Pineapple in accordance with Midnight Pineapple’s Digital Millennium Copyright Act (”DMCA”) Policy. Midnight Pineapple will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Midnight Pineapple or others, Midnight Pineapple may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Midnight Pineapple will have no obligation to provide a refund of any amounts previously paid to Midnight Pineapple.
8. Intellectual Property. This Agreement does not transfer from Midnight Pineapple to you any Midnight Pineapple or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Midnight Pineapple. Midnight Pineapple, Web Warrior Tools, WebWarriorTools.com, the WebWarriorTools.com logo, and all other trademarks, service marks, graphics and logos used in connection with WebWarriorTools.com, or the Website are trademarks or registered trademarks of Midnight Pineapple or Midnight Pineapple’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 Midnight Pineapple or third-party trademarks.
9. Changes. Midnight Pineapple 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. Midnight Pineapple 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.
10. Termination. Midnight Pineapple 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 WebWarriorTools.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by Midnight Pineapple if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Midnight Pineapple’s notice to you thereof; provided that, Midnight Pineapple can terminate the Website immediately as part of a general shut down of our service. 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.
11. Disclaimer of Warranties. The Website is provided “as is”. Midnight Pineapple 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 Midnight Pineapple nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
12. Limitation of Liability. In no event will Midnight Pineapple, 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 or substitute products or services; (iii) for interuption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Midnight Pineapple under this agreement during the twelve (12) month period prior to the cause of action. Midnight Pineapple 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.
14. Indemnification. You agree to indemnify and hold harmless Midnight Pineapple, 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 out of your violation this Agreement.
15. Miscellaneous. This Agreement constitutes the entire agreement between Midnight Pineapple and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Midnight Pineapple, or by the posting by Midnight Pineapple 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 California, 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 San Francisco County, California. 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 in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, 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; Midnight Pineapple 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.