Last updated: April 20, 2019

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://getsitely.com service (the “Service”) operated by Sitely, LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

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

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

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

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

Billing

All initial payments (website set up fees, add-on fees, Traffic set up fees, etc.) are due at time of enrollment and work will not commence until these fees are paid.

Sitely design & management and Traffic services are billed as a monthly subscription. By using Sitely services, you agree to have your payment method on file automatically charged every thirty (30) days, beginning thirty (30) days after your enrollment in the Service.

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 Service.

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 Service 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.

Subscription Services

Website Subscription Plans

By signing up for a Sitely website design & management plan, you are agreeing to subscribe to service for a minimum contract term of 24 months, beginning on the day you subscribe to the service. (If your service is suspended or paused without billing or at a reduced billing rate, that time doesn’t count toward completing your contract term.) Once you’ve completed your contract term, you’ll automatically become a customer on a month-to-month basis for that website property.

Traffic Subscription Plans

By signing up for a Sitely Traffic (SEO) plan, you are agreeing to subscribe to service for a minimum contract term of 6 months. Once you’ve completed your contract term, service will continue on a month-to-month basis until cancelled.

Cancellation

If within fourteen (14) days after enrollment you are not satisfied with the Sitely service, you may terminate this contract in writing, without penalty. Any monies paid will be considered earned, and no refunds will be given. Any code, graphics, text, or other content created for your website will remain the property of Sitely, unless buyout arrangements are made.

If you wish to terminate your website service account before your contract term, you can request a buyout of the remaining balance. Once we receive payment for the remaining balance, your website files will be sent to you in a ZIP file, or we can migrate the website to a new host (migration fees may apply). Please note that any 3rd party software licenses for design and functionality are not likely to transfer and may require renewal by you.

Third Party Services

Certain functionality and workflows require integration with third party websites, software, and services. While we make our best efforts to ensure integrations are working as intended, we are not responsible for performance problems, bugs, outages, or other service interruptions arising from those third parties.

Sitely, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

What if I sell products or services or collect money through my Website?

You are solely responsible for all of all ecommerce activities you conduct through your Website, including your products and services, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws.

We are not involved in your relationships or transactions with any End User, customer or potential customer. You are responsible for resolving all support questions, comments, and complaints, including refunds, chargebacks, or pricing questions. You should provide contact information so that customers may contact you with questions or complaints. You are responsible for providing all products and services sold to your customers, and for fulfilling all promises, representations, or warranties you make to them in connection with a sale.

We may enable you to collect payment from your End Users via third party ecommerce payment processors through an integration with your Website. Payments from your End Users to you via such integration will be processed in accordance with the applicable payment processors’ terms and policies. Your End Users will submit their payment information directly to such payment processors. We don’t collect or store your End Users’ payment information.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Sitely, LLC

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.

You acknowledge and agree that Sitely, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Idaho, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Copyright Disclosure (DMCA)

We are committed to maintaining the integrity and availability of the Sitely services and prohibit the use of our system to violate the law, including the U.S. Copyright Act. Sitely, LLC complies fully with the Digital Millennium Copyright Act (“DMCA”). Users of the Sitely service found to have engaged in repeated infringement of copyright are subject to termination of their account.

You guarantee any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Sitely for inclusion on your website are owned by you, or that you have received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Sitely and its subcontractors from any liability or suit arising from the use of such elements.

Limitation of Liability

Sitely will not be liable for any indirect, incidental, special, or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, or loss of profits, arising in connection with this Agreement, our performance of services or of any other obligations relating to this Agreement, even if Sitely has been advised of the possibility of such damages. The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.