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Terms of Service

Aug 28, 2020

1. Terms

By accessing calebbrumfield.com or its sub-domains (hereinafter called “Domain” or “Website”) You (hereinafter: “you”, “You”, “Client” or “User”) are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and you agree that you are responsible for compliance with any applicable local laws.   If you do not agree with any of these terms, you may be prohibited from using or accessing this Domain and any services or Website(s) contained within it.   The materials contained in this Domain as well as the Domain itself are protected by copyright law for Caleb Brumfield (hereinafter called “Owner”) or otherwise to their respective owners who may or may not be affiliated with the Domain Owner.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU SHOULD NOT USE THIS DOMAIN OR ANY SERVICES PROVIDED.
FAILURE TO AGREE AND COMPLY WITH THESE TERMS MAY RESULT IN PERMANENT TERMINATION OF ANY ACCOUNTS AND/OR INDEFINITE BAN FROM THE DOMAIN AND IT’S SERVICES.

If you do not agree with the use of Cookies or collection of anonymous log or analytics data, please do not use this site. (Privacy Policy)

2. Use License

Upon accessing this Domain, while in compliance with these terms and conditions, you are granted a limited license to use the content and services provided by this Domain for non-commercial purpose.   You are allowed to comment on content published on the Domain. With written request you may be granted use of other materials or services.   You may not break any of the following rules under penalty of content removal, revocation of posting/commenting privilege, account termination if applicable and/or ban from use of the Domain and services therein as decided by the Domain Owner:

  1. You are prohibited from abusing this service; including but not limited to, attempted hacking, exploiting, or denial service availability.
  2. You may not use derogatory, racist, sexual, or threatening language within comments, posts, or submissions on any service within the Domain.
  3. You are prohibited from posting links to malicious domains, hosts, or otherwise viral or malicious software.
  4. You are not allowed to publish any links or other material that contain stolen/pirated software or instructions on stealing/cracking software.
  5. You are not allowed to publish affiliate or ad-related links without written request and grant of authorization from the Domain Owner.

3. Disclaimers

The materials on this Domain are provided “as is”.   The Owner makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.   Further, the Owner does not warrant or make any representations concerning the accuracy, likely results, or reliability of the materials on its Internet Domain or otherwise relating to such materials or on any sites linked to this site.

Should any content on the Domain appear to conflict with copyright law, please feel free to contact the Domain Owner explaining the issue, the content in question, and your issue will be reviewed.

In regards to Client data or services such as websites or hosting account data, each Client must ensure they make copies of their data via backups that can either be generated on-demand by the Client in their hosting account or copied from previously run manual or automatic backup tasks.  The Owner is not responsible for a loss of data in the event of catastrophic hardware or software failure, environmental disaster, as the result of lapsed payments, or as the result of a malicious attack.

4. Limitations

In no event shall the Owner, Domain or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Owner’s Domain, even if the Owner or an authorized representative has been notified orally or in writing of the possibility of such damage.

In regards to Client accounts and data therein, the Owner is not liable for any loss of Client data or business resulting from account suspension or termination.

5. Work & Services Provided

5.1. Setup

Setup is a classification of work used in these terms which generally relates to work that is required in order to start a website.  This includes purchasing hosting and domain name(s), configuring the hosting account with the domain name services, setting up administrative email addresses on the domain, installing and configuring web software such as WordPress.

5.2. Management

Management is a classification of work used in these terms which relates to any work that is done after Setup steps are done but does not involve Development related work like customized software functions or design elements.  This type of work usually includes basic troubleshooting of software or services in the hosting environment, the installation of new web software, maintenance updates for existing web software or extensions within them, additional configurations for mailboxes or domain names, some third-party service integrations, security and stability advisory, and backup recovery or service transfers.

5.3. Development

Development is a classification of work used in these terms which relates broadly to any work that involves writing code or reading code in any language.  It also involves work related to designing or editing web page or theme elements.  The objective of this kind of work is normally to provide some kind of customized experience, a custom function, or design element specific to the Client’s needs.   This work does require the Client to present detailed documentation or request of the desired product of development.

6. Payments

Invoices may be generated automatically by my services in some cases, but may also be adjusted on a case-by-case basis.   Payments for services are usually billed on a monthly or yearly basis and are considered as Late Payments if they have not been paid within 7 days of the invoices issuance or given due date.  Late Payments may result in an account suspension, or termination in the case of consecutive late payments.

All Payments are accepted and processed through PayPal or Stripe.

7. Refund Policy

Clients may privately request a refund within 7 days of a payment, provided the Owner has not engaged in any work for the Client.  The refund may be issued at the discretion of the Owner based on work already done.  After this 7 day window, refunds are not issued and all payments are considered final.

Charge-backs will be considered as an automatic violation of these terms and conditions and will result in permanent termination of your account and services previously rendered.

No refunds are granted in the case of account suspensions or terminations.

8. Suspensions & Terminations

Suspensions are lifted on a case-by-case basis. Suspension will be lifted upon receiving a valid payment or in some cases when appealed through the contact form. Backups can be requested for suspended accounts, prior to termination.

Terminations are permanent and cannot be reversed.  Termination deletes all files and data related to an account automatically.  No backups are retained and they cannot be requested.

9. Revisions and Errata

The materials appearing on the Domain could include technical, typographical, or photographic errors. The Owner does not warrant that any of the materials on its web site are accurate, complete, or current. The Owner or authorized persons may make changes to the materials contained on this Domain at any time without notice. The Owner does not, however, make any commitment to update the materials or to have them updated on their behalf.

10. Links

The Owner has not reviewed all of the sites linked to its Domain and is not responsible for the contents of any such linked site.   The inclusion of any link does not imply endorsement of the site by the Owner. Use of any such linked web site is at the user’s own risk.

11. Modifications of Terms of Use/Service

The Owner may revise these terms of use for its Domain and Website at any time without notice. By using this Website or Domain you are agreeing to be bound by the most current version of these Terms and Conditions of Use.

12. Governing Law

Any claim relating to the Owners’s Domain shall be governed by the laws of the United States, specifically the State of California, without regard to its conflict of law provisions.