Terms and Conditions of Service
In these terms, "WE," "US," "ITS" and
"OUR" refer to Blinking Dot Software, LLC, its parent corporation,
subsidiaries, and affiliated companies ("COMPANY"). "YOU" and "YOUR" refer to
you, the user. Before using WordPressDirect.com, please read these terms
relating to your use of this web site carefully.
1. USE OF SERVICES
The COMPANY offers beta release online resources for software development and
website content creation on WordPressDirect.com, including communications
tools, online forums, personalized content, and public content extraction.
The COMPANY offers WordPressDirect.com to you, provided that you represent that
you are of legal age to create binding contractual and financial obligations
for any liability that you may incur as a result of your use of WordPressDirect.com
Your use of WordPressDirect.com constitutes your agreement with these terms of
service. Your use of a particular WordPressDirect.com
service ("Service") may be subject to specific guidelines
("Service-Specific Rules") and incorporated by this reference into
the terms. Use of the Services constitutes full acceptance of and agreement to
the Service-Specific Rules.
If you do not agree to these terms, then you are not granted rights to use WordPressDirect.com
or any of its Services, and you should refrain from accessing WordPressDirect.com
and its Services. If you violate any of these terms, your permission to use WordPressDirect.com
will automatically be terminated.
the COMPANY reserves the right to update and change these terms, including, without
limitation, the Privacy Statement, Policies and/or Service-Specific Rules. The COMPANY
will alert users of any changes by email. Updates and changes to these terms
will be accessible through the URL where such terms first appeared. Users
should periodically review the most recent version of these terms, including
without limitation the Privacy Statement, Policies, and Service-Specific Rules.
Use of WordPressDirect.com after changes to these terms constitutes acceptance
of any changes. It is therefore important that you regularly review these terms
and keep your contact information current to ensure you receive any changes via
email.
Please note that there are risks, including but not limited to, the loss of
existing website and data content. Please choose carefully the information you
post on your web sites and give to other users on the forums. You assume all
risks associated with dealing with other users. We expect that you will use
caution and common sense when using WordPressDirect.com.
2. REGISTRATION OBLIGATIONS
In order to access certain Services, you may be required to register and obtain
an account with WordPressDirect.com.
When registering, you must: (a) provide true, accurate, current and complete
information (collectively, the "Registration Data") and (b) update
the Registration Data as changes occur. If, after investigation, we have
reasonable grounds to suspect that your information is untrue, inaccurate, not
current or incomplete, we may suspend or terminate your account and prohibit
any or all use of WordPressDirect.com by you.
You will have chosen a password and account designation upon completing a WordPressDirect.com
registration process. You are responsible for maintaining the confidentiality
of your password, and for all activities that occur through your account. You
agree to immediately notify the COMPANY of any unauthorized use of your
password or account or any other breach of security. The COMPANY will not be
liable for any loss or damage arising from your failure to provide accurate
information or to keep your password secure.
3. APPROPRIATE CONDUCT AND
RELATED USER REPRESENTATIONS AND WARRANTIES
As used throughout these terms, "Content" includes text, video,
images, or other forms of media and data entered into and stored by
publicly-accessible sites such as those created through the use of IncomeMaker
software, as well as any input, suggestions, or other feedback
("Feedback") relating to or in the WordPressDirect.com site. You agree that you are responsible for the
Content that you or anyone using your account creates, transmits, or displays
when on WordPressDirect.com or using WordPressDirect.com, and for any
consequences thereof. You agree to use WordPressDirect.com
only for purposes that are legal, and in accordance with these terms, including
Service-Specific Rules and any applicable WordPressDirect.com Policies. To
report any activity or Content that may violate these terms, please email support@WordPressDirect.com,
including full email headers.
4. NO UNLAWFUL OR PROHIBITED USE
In connection with your use of WordPressDirect.com, you shall comply with all
applicable international, state, federal, local laws, including without
limitation, all laws regulating exports.
Be aware that all postings of open source encryption code must be
simultaneously reported by email to the U.S. government. You are responsible
for submitting this email report to the U.S. government in accordance with
procedures described in: http://www.bis.doc.gov/encryption/PubAvailEncSourceCodeNofify.html
and Section 740.13(e) of the EAR.
You represent that you are not a person on a list barring you from receiving
services under U.S. laws or other applicable jurisdiction, including without
limitations, the Denied Persons List, Entity List, and other lists issued by the
U.S. Department of Commerce or Bureau of Industry and Security, detailed at http://www.bis.doc.gov/complianceandenforcement/ListsToCheck.htm
(or successor sites thereto). Users residing in countries on the United States
Office of Foreign Assets Control sanction list, including Cuba, Iran, North
Korea, Sudan and Syria, may not post or access Content available through WordPressDirect.com.
In addition to the above, you may not access or use WordPressDirect.com for any
purpose other than that for which the COMPANY makes it available. Certain
activities, even if legal, may violate the common rules of etiquette governing
Content, as determined by the COMPANY to its sole discretion.
Without limiting any other remedies, the COMPANY reserves the right to suspend
or terminate your WordPressDirect.com account for any reason and at any time.
5. WordPressDirect.COM PRIVACY
STATEMENT
We do not sell or rent your personal information to third parties for their
marketing purposes without your explicit consent. For information about our
data protection practices, please email support@WordPressDirect.com. If you object in any way to these practices,
please do not use our Services.
You understand that the technical processing and transmission of COMPANY
Services, including your Content, may involve (a) transmissions over various
networks, and (b) changes to conform and adapt to technical requirements of
connecting networks, devices or services.
6. PROPRIETARY RIGHTS
COMPANY's Rights
You agree that content contained in sponsor advertisements or presented to you
through WordPressDirect.com ("Sponsor Content"), along with any
necessary software used in connection with operating WordPressDirect.com,
contain proprietary and confidential information that are protected by
intellectual property and other laws and treaties. In addition, the content on WordPressDirect.com,
including, without limitation, the text, graphics, photos, sounds, sayings and
the like ("Materials") and the trademarks, service marks and logos of
the COMPANY contained therein, are owned by or licensed to the COMPANY, and are
subject to copyright and other intellectual property rights under United States
and foreign laws and international conventions.
Materials, Marks, Content and Sponsor Content on WordPressDirect.com and any
necessary software used in connection with operating WordPressDirect.com are
provided to you “as is”, for your personal information and use, and, except as
expressly authorized by the COMPANY or respective third party rights holders in
a separate written agreement, you agree not to otherwise use, copy, modify,
rent, lease, loan, sell, distribute, transmit, broadcast, create derivative
works of the content on WordPressDirect.com.
You also agree not to remove, obscure, or alter the COMPANY's or any third
party's copyright, trademark, or other proprietary rights notices affixed to or
contained within or accessed in conjunction with or through WordPressDirect.com.
You agree not to access WordPressDirect.com by any means other than through the
interface that is provided by the COMPANY, unless otherwise specifically
authorized by the COMPANY in a separate written agreement. You also agree not
to circumvent, disable or otherwise interfere with security related features of
WordPressDirect.com or features that prevent or restrict use or copying of any
Materials, or enforce limitations on use of WordpressDirec.com or the Materials
therein.
You agree to
use the COMPANY Marks in accordance with the United States trademark protections,
rules and regulations. WordPressDirect.com
is a registered trademark of Blinking-Dot Software, LLC in the United States
and other countries. The COMPANY logo,
the WordPressDirect.com logo, and other WordPressDirect.com-related trademarks,
service marks, and product and service names are trademarks of the COMPANY. All
other names and designs may be trademarks of their respective owners.
Your Rights
By submitting, posting or displaying Content on or through WordPressDirect.com,
you grant the COMPANY a worldwide, non-exclusive, irrevocable, perpetual, fully
sublicensable, royalty-free license to use, reproduce, adapt, modify,
translate, and/or create derivative works from, publish, perform, display,
rent, resell and distribute such Content (in whole or in part) on WordPressDirect.com
to incorporate Content in other works, in any form, media, or technology
developed by the COMPANY. However, the COMPANY
is not required to incorporate Feedback into any COMPANY products or services. The
COMPANY reserves the right to syndicate Content submitted, posted or displayed
by you on or through WordPressDirect.com and use that Content in connection
with any service offered by the COMPANY.
With respect to Content posted to private areas of WordPressDirect.com (e.g.,
private WordPressDirect.com development tools or WordPressDirect.com mail), the
submitting user may grant to the COMPANY, or other users, such rights and
licenses as the submitting user deems appropriate.
7. ALLEGATIONS OF COPYRIGHT
INFRINGEMENT
Copyrights
You may not post, modify, distribute or reproduce in any way any copyrighted
materials, trademarks or other proprietary information belonging to others
without obtaining the prior written consent of the owner of such proprietary
rights. You agree that you are fully
responsible for ensuring the reproduction of materials on your websites added
through WordPressDirect.com’s software is not copyrighted and the COMPANY
cannot be held liable for any Content placed on your websites.
Our procedures for responding to alleged copyright infringement are consistent
with the form suggested by the United States Digital Millennium Copyright Act
(the text of which can be found at the U.S. Copyright Office web site, http://www.copyright.gov/legislation/dmca.pdf).
Please note that you will be liable for damages (including costs and attorneys'
fees) if you make any material misrepresentations when making or countering a
copyright infringement claim.
8. NO RESALE OF SERVICE
You agree not to sell, resell or offer for any commercial purposes, any portion
of, use of, or access to, Services on WordPressDirect.com, except those that
are specifically endorsed or approved by COMPANY. You shall not engage in
unauthorized framing of WordPressDirect.com on another site without the express
written consent of COMPANY
9. GENERAL PRACTICES REGARDING
USE AND STORAGE
You agree that COMPANY has no responsibility or liability for the deletion or
failure to store any Content or other communications maintained or transmitted
on WordPressDirect.com or data already stored on Your site that may be
overwritten by WordPressDirect.com. While the COMPANY will use reasonable
efforts to back up site data and make such data available in the event of loss
or deletion, the COMPANY has no responsibility or liability for the deletion or
failure to store any communications or Content maintained or transmitted on WordPressDirect.com.
Though the COMPANY may currently have no fixed limit on the number of posts you
may create through WordPressDirect.com, or how you may use the functions and
features of its various products, the COMPANY retains the right, at its sole
discretion, to create limits at any time and the COMPANY will alert users of
any such limits by email and posting updated terms in accordance with Section 1
of these terms.
The COMPANY reserves the right to mark as "inactive" and archive WordPressDirect.com
accounts that are inactive for extended periods of time at the Company’s
discretion.
Upon the termination of your WordPressDirect.com account, for any reason,
including but not limited to, inactivity,
violation of these terms, or receipt of a certificate or other legal document
confirming your death, the COMPANY will close your account and you will no
longer be able to retrieve information contained in that account.
The Company will not pre-screen or review Content, but the COMPANY reserves the
right (but does not undertake the obligation) in its sole discretion to: (a)
monitor your web sites for violations of these terms; (b) take appropriate
legal action against anyone who, in the COMPANY's sole discretion, violates
these terms, including, but not limited to, reporting you to law enforcement
authorities; (c) refuse, restrict access to or disable (to the extent
technologically feasible) any user's Content, or any portion thereof that may
violate these terms or any COMPANY policy; (d) terminate the account; (e) otherwise
manage the user’s web site in a manner designed to protect the rights and
property of the COMPANY and others, and to facilitate the proper functioning of
WordPressDirect.com; and (f) restrict access to, or the availability of,
material that the COMPANY, in its sole discretion, considers to be obscene,
lewd, lascivious, filthy, excessively violent, harassing, or otherwise
objectionable.
10. WordPressDirect.COM PRICES,
FEES AND LIMITATIONS TO SOLICITATION
The Company reserves the right to change the prices and fees for membership, at
the Company’s sole discretion, upon fourteen (14) days advanced notice. You are
responsible for paying all fees and applicable taxes associated with using the WordPressDirect.com
membership. If the COMPANY terminates your access to WordPressDirect.com for
breach of these terms, you will not be entitled to any refund of any portion of
the fees.
Using contact information obtained from WordPressDirect.com to solicit
products, services or donations outside of WordPressDirect.com is not
permitted. If you have been impermissibly solicited for services outside of WordPressDirect.com,
please report the solicitation to us by sending a copy of the solicitation, and,
if by email, include the full header.
11. LINKS TO THIRD PARTY WEB
SITES
Links to third party web sites on WordPressDirect.com are provided solely as a
convenience to the user. When a user uses these links, the user leaves WordPressDirect.com.
WordPressDirect.com has not reviewed all of these third party sites, does not
control, and is not responsible for, any of these sites, their content or
privacy practices. WordPressDirect.com does not endorse or make any
representations about third party sites, or any information, services, or
products found on the sites, unless explicitly stated. If a user decides to
access any of the linked sites, WordPressDirect.com encourages the user to read
their privacy statements. The user accesses such sites at user's own risk.
12. INDEMNITY
YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE COMPANY AND EACH OF ITS
ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES,
AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS (COLLECTIVELY, "COMPANY
INDEMNIFIED PARTIES") FROM ANY AND ALL THIRD PARTY CLAIMS, CAUSES OF
ACTIONS, PROCEEDINGS, LIABILITIES, DAMAGES, OR OTHER DEMANDS
("CLAIMS") (INCLUDING BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES,
ACCOUNTING EXPENSES, AND LEGAL COSTS), ARISING FROM OR RELATED TO (A) YOUR (OR
ANY USERS OF YOUR ACCOUNT) ACCESS TO OR USE OF WordPressDirect.COM SERVICES AND
PRODUCTS, INCLUDING, WITHOUT LIMITATION, YOURS OR OTHERS' ACCESS OF CONTENT OR
OTHER MATERIALS AVAILABLE BY MEANS OF WordPressDirect.COM OR THIRD-PARTY WEB
SITES, OR YOUR PURCHASING OF GOODS OR SERVICES FROM THIRD PARTIES; (B) YOUR
VIOLATION OF THESE TERMS OR BREACH OF THESE TERMS , INCLUDING, WITHOUT
LIMITATION, ANY REPRESENTATION OR WARRANTY CONTAINED IN THIS AGREEMENT. THE COMPANY’S INDEMNIFIED PARTIES WILL HAVE
THE RIGHT, BUT NOT THE OBLIGATION, TO PARTICIPATE THROUGH COUNSEL OF THEIR CHOICE
ANY DEFENSE BY YOU OF ANY CLAIM, TO WHICH YOU ARE REQUIRED TO DEFEND, INDEMNIFY
OR HOLD HARMLESS THE COMPANY INDEMNIFIED PARTIES ("INDEMNIFIED CLAIM').
YOU MAY NOT SETTLE ANY INDEMNIFIED CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF THE
CONCERNED COMPANY INDEMNIFIED PARTIES.
13. DISCLAIMER OF WARRANTIES
THE COMPANY DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM
USE OF WordPressDirect.COM. NO ADVICE OR
INFORMATION, ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR WordPressDirect.COM SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
ALL PRODUCTS, SERVICES, INFORMATION, CONTENT OR ANY OTHER MATERIALS OR ITEMS
PROVIDED THROUGH WordPressDirect.COM ARE PROVIDED "AS IS" AND
"AS AVAILABLE", WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, INCLUDING
BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY
DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS,
SERVICES OR INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH WordPressDirect.COM
OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF CONTENT, PRODUCTS,
SERVICES OR INFORMATION. AS WITH THE PURCHASE OF A PRODUCT, SERVICE OR
INFORMATION THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
THE COMPANY DOES NOT WARRANT THAT WordPressDirect.COM SERVICES WILL BE TIMELY,
UNINTERRUPTED, OR SECURE. SCHEDULED AND PREVENTIVE MAINTENANCE, AS WELL AS
REQUIRED AND EMERGENCY MAINTENANCE WORK, MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS
TO WordPressDirect.COM OR YOUR SITES. WordPressDirect.COM DOES NOT ASSUME
RESPONSIBILITY FOR DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY CONTENT THAT
MAY BE OVERWRITTEN ON USER’S DOMAIN WHILE IN THE PROCESS OF INSTALLING AND
RUNNING WordPressDirect.COM SOFTWARE AND SERVICES.
YOU AGREE THAT YOUR USE OF WordPressDirect.COM AND ITS SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND EACH OF ITS
ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES,
AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED IN CONNECTION WITH WordPressDirect.COM, YOUR USE THEREOF,
THE ACCURACY OR COMPLETENESS OF WordPressDirect.COM’S CONTENT, THE CONTENT OF
ANY WEB SITE LINKED TO WordPressDirect.COM OR ITS SERVICES, PRODUCTS,
INFORMATION OR ANY OTHER ITEMS OR MATERIALS OFFERED. THE COMPANY ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND
MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF WordPressDirect.COM, (C) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM WordPressDirect.COM, (E) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH WordPressDirect.COM
BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA WordPressDirect.COM.
THE COMPANY RESERVES THE RIGHT TO CHANGE ITS WARRANTY POLICY SET FORTH HEREIN,
AT ANY TIME, WITHOUT NOTICE AND WITHOUT LIABILITY.
14. LIMITED LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES
OF ANY KIND, OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES
RESULTING FROM: (A) RELIANCE ON THE WordPressDirect.COM MATERIALS, (B) LOSS OF
USE, DATA, PROFITS, GOODWILL AND/OR OTHER INTANGIBLE LOSSES (INCLUDING, WITHOUT
LIMITATION, THE INABILITY TO USE WordPressDirect.COM SERVICES, UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON WordPressDirect.COM), OR (C) DELAYS OR BUSINESS
INTERRUPTIONS ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
WordPressDirect.COM OR YOUR SITES RUN THROUGH WordPressDirect.COM), WHETHER
BASED ON BREACH OF CONTRACT, WARRANTY BREACH, TORT, OR OTHERWISE, ARISING FROM
YOUR USE OF WordPressDirect.COM, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, THE COMPANY'S LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS,
DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS,
SERVICE PROVIDERS AND OTHER CONTRACTORS, TO YOU OR ANY THIRD PARTIES, UNDER ANY
CIRCUMSTANCE, IS LIMITED TO A MAXIMUM AMOUNT OF THE FEES PAID BY YOU FOR THE
SERVICES DURING THE MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE
DAMAGES, OR $100, WHICHEVER IS LESS.
15. RELATIONSHIP OF THE PARTIES
Nothing herein shall be deemed to create an agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship of any kind between the
COMPANY and any user nor do these terms extend rights to any third party.
16. NO THIRD PARTY BENEFICIARIES
You agree that
there shall be no third party beneficiaries to these terms.
17. NOTICE
You agree that the COMPANY may provide you with notices, including those
regarding changes to these terms, via email, mail, or postings on WordPressDirect.com.
18. ENTIRE AGREEMENT
These terms constitute the entire agreement between you and COMPANY with
respect to the subject matter hereof and govern your use of WordPressDirect.com,
superseding any prior understandings and agreements between you and COMPANY
related to the subject matter hereof for the use of WordPressDirect.com. The
section headings in the terms are for convenience only and have no legal or
contractual effect.
19. DISPUTES AND CHOICE OF VENUE
All disputes arising out of, or relating to, these terms (including its
formation, performance or alleged breach) of your access to or use of the
Content and WordPressDirect.com, including without limitation your or others'
downloading or consumption of Content or other materials available by means of WordPressDirect.com
or third party web sites, your uploading Content to WordPressDirect.com, or
your purchasing of goods or services from third parties, will be exclusively
resolved under confidential binding arbitration held in Boston, MA before and
in accordance with the rules of JAMS. Notwithstanding the foregoing, the COMPANY
will have the right to seek injunctive relief to enforce these terms or to stop
or prevent an infringement of proprietary rights.
In the event of litigation or to compel arbitration or to enforce an
arbitration award under this Section, or to obtain an injunction under this
Section, you hereby irrevocably consent and submit to the exclusive personal
jurisdiction and venue of the state and federal courts located in Boston, MA.
These terms and the relationship between you and the COMPANY shall be governed
by the laws of the Commonwealth of Massachusetts, without regard to its
conflict of law provisions. You agree that the UN Convention on Contracts for
the International Sale of Goods shall not apply.
20. WAIVER AND SEVERABILITY OF TERMS
The failure of the COMPANY to exercise or enforce any
right or provision of these terms shall not constitute a waiver of such right
or provision. If any provision of these terms is found by a court of competent
jurisdiction to be invalid, you agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of these terms remain in full force and effect.
21. TIME LIMIT FOR FILING CLAIMS
Any claim or cause of action arising out of, or related to, use of WordPressDirect.com
or these terms must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
22. ASSIGNMENT
At our sole discretion, we may assign these terms by providing notice in
accordance with the Notice Section, should the COMPANY ever file for bankruptcy
or in the event of a sale, merger, acquisition or other transfer of all or
substantially all of WordPressDirect.com.
23. TERM AND SURVIVAL
These terms shall remain in full force and effect while you use the WordPressDirect.com
Services or are a user of WordPressDirect.com. You may terminate your use or
participation at any time, for any reason, by emailing support@WordPressDirect.com. The COMPANY may terminate your use or
participation at any time for violation of these terms or any laws or to
protect the integrity of WordPressDirect.com, the networks or services
connected to WordPressDirect.com, or other users. The COMPANY reserves the
right at any time to modify or discontinue, temporarily or permanently, WordPressDirect.com
or any other service. The COMPANY shall not be liable to any user or other
third party for any such modification, suspension or discontinuance. Even after
your use or participation is terminated, the material terms of these terms will
remain in effect.