Terms of Service
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 agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are 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 IT PROVIDES.
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.
2. Use License
Upon accessing this Domain, while in compliance with these terms and conditions, you are granted an exclusive, non-transferable, 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:
- You are prohibited from any activity that may be deemed abusive or malicious, including but not limited to unwarranted automation, hacking/exploiting software, or otherwise attempting to deny or deface services.
- You may not post/use derogatory, racist, explicitly sexual, or otherwise purposefully offensive content within any service provided by/on the Domain.
- You are prohibited from posting links to malicious websites or viral or malicious software.
- You are not allowed to publish any links or other material that contain stolen/pirated software or instructions on stealing software.
- You are not allowed to publish affiliate or ad-related links without written request and grant of authorization from the Domain Owner.
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 web site 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 me explaining the issue and content in question and we can take the necessary steps to correct them.
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 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, or as the result of a malicious attack.
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
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.
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.
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 pre-packaged 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 of the desired product of development.
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 process through PayPal.
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 digression of the Owner based on work already done. After this 7 day period, refunds are not issued and all sales are considered final.
Charge-backs will be considered as an automatic violation of these terms and conditions and will result in permenant terminiation of your account and services.
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.
Terminations are permanent and cannot be reversed. Termination deletes all files and data related to an account.
No refunds are issued for suspended or terminated accounts, and no backups are provided.
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.
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
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.
This site uses third party tracking services such as Google Analytics and WordPress.com Stats tracking. These services, to my knowledge, do not record any information you enter into forms but will track when you access a page or click on certain links. These services and information are accessed and used by me to determine how my site is being viewed and ways to improve the data and services I am providing.
In addition to the above, this site may make use of Advertisements on some pages which are provided by Google AdSense and their various ad networks. Any of these ad units may display ads from parties who will include their own tracking in regards to the advertisement displayed. I do not directly control the exact content displayed or loaded into Google AdSense advertising units and as such I will leave you, the user, to decide if you want to block the ads on this site.
I will never sell, trade, or share the information logged via my services and will only use the information collected in order to improve the services I provide. Personally Identifiable information that is submitted is never sold or traded. Some information, such as comments and similar communication forms, may be published as a function or feature of my web services.