Terms and Conditions of Use
Welcome to the WebNow website. In using this website, you are agreeing to comply with, and be bound by, the following Terms and Conditions of Use (“this Agreement”) outlined below. These Terms and Conditions set out the legally binding terms for your membership and may be modified by WebNow. Any modifications shall be effective upon posting by WebNow on this website.
The following terminology applies to the Terms and Conditions of Use, Privacy Statement, and any or all Agreements: “Client”, “Customer”, “User”, “You”, and “Your” refers to the person accessing this website and accepting WebNow’s terms and conditions. “WebNow”, “Ourselves”, “We”, and “Us”, refers to WebNow LLC whose registered office is located at 817 Garden Street, Suite 201, Santa Barbara, CA 93101.
The website is intended solely for access and use by individuals eighteen (18) years of age and older. By accessing and using this website, you are certifying that you are at least eighteen (18) years old. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. As a user, you are granted a limited, non-transferable, revocable license to view the materials solely for your personal use, subject to the restrictions therein.
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within WebNow on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
WebNow accepts all major credit or debit cards. By purchasing a service from WebNow, you understand that the service is an ongoing subscription. With the exception of the initial purchase for a Captivate™ website, where payment is due at the time the Captivate™ website is available on the Internet, purchased services are billed in advance on a monthly basis and are non-refundable. This means that there will be no refunds for partial months of service, or for months where the services were unused. Payments will be automatically charged when the subscription renewal date occurs. This automatic recurring payment continues until your services are cancelled. WebNow is not responsible for, and will not reimburse any bank or overdraft fees that may or may not have occurred as a result of the automatic subscription payment for the WebNow service. We reserve the right to seek recovery of any monies remaining unpaid sixty (60) days from the date of invoice via collection Agencies and/or through the Small Claims Court. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Termination of Agreements
The Services Agreement may be terminated or cancelled at anytime by either party (including by you) by providing the other party with notice of contract termination at least three (3) business days prior to the next scheduled payment date. This notice may be delivered via email, mail, or telephone. We have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a service is deemed to have begun and is, for all intents and purposes, underway. In the case of cancellation, WebNow will remove your Captivate™ website from the Internet. We retain ownership of the Captivate™ website, including but not limited to the domain name, HTML coding, scripting, copyrights, phone number, email and all other intellectual property rights, shall remain exclusively with WebNow. Upon termination of services, you may obtain ownership rights to the domain name associated with the Captivate™ website free of charge by submitting a written request within sixty (60) days of the termination date. In line with ICANN policy, we must wait sixty (60) days after the initial domain registration to initiate a domain transfer. Should you wish to obtain ownership rights to the Captivate™ website, you may do so by submitting a written request and remitting a fee of one thousand dollars ($1,000.00) within sixty (60) days of the termination date. This transfer of rights to the Captivate ™website shall be limited to the actual portions of the Captivate™ website visible on the Internet and its underlying HTML coding as developed specifically for you by WebNow. This data shall be sent to you via compact disc within thirty (30) days of payment. All images used in the Captivate™ website will be available for your use only in the manner in which it is provided to you. The transfer of rights is not inclusive of WebNow’s software, trade secrets, methodologies, processes, proprietary functions, or intellectual property. Upon termination of services, WebNow shall report to the sites in our network that the listing is no longer under management by one of our customers. In this event, Acxiom and Neustar Localeze will revert your listings to their status prior to your WebNow service subscription. Your other listings may lose enhanced content like website URL, secondary category information, logos, phone number and other images. We will not actively remove your listing from our network of sites, and you will always have the ability to reclaim your listings manually on each site if you decide to cancel your subscription.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, WebNow: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or WebNow’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits, damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
Customer shall indemnify and hold WebNow, its affiliates, officers, employees, subsidiaries, and assigns harmless from any liability or loss resulting from any judgments or claims against the customer.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will WebNow be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the website or the Service, even if WebNow has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, WebNow’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid by you to WebNow for the Service during the term of membership.
WebNow shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal. Please ensure that any images or content you supply or use on your website, is legally available for you to use. We cannot be held responsible for the illegal use of images, content or format of material supplied by the client. WebNow reserve the right to remove any website from its servers if it has reason to believe that it is operating illegally.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Where images used on the website have been purchased by WebNow on behalf of the client, these images are restricted by license for use on the website only. WebNow is not liable for misuse of these images by the client or any other person’s copying, altering or distributing the images to individuals or other organizations.
If there is any dispute about or involving the website and/or the Service, by using the website, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California.