<p>Posted on: December 13, 2018</p>
<p>Effective Date: December 13, 2018</p>
<p>These types of sites are not allowed on Weebly:</p>
involving nudity in a sexual context,
exposed genitalia or adult themes</p>
Copyrighted Content: .
music, movies or games
that you do not own the rights to</p>
Hate Speech: content that promotes violence or
incites hatred against certain individuals or groups, such as race, religion,
ethnicity, gender, or sexual orientation.
The foregoing are examples, and not
meant to constitute an exhaustive list of individuals or groups that may be the
target of hate speech.</p>
a site whose sole purpose is to gain
Google ranking, Facebook "likes", etc</p>
a site meant to trick users into
providing their username and password</p>
Illegal Content: .
content which may be illegal
in the United States or under the laws of other countries</p>
get rich quick, pyramid/MLM, or other
Excessive Advertising: .
advertising on your site, including more than three ad units per page</p>
File Hosting: .
including sites that are not
created with the Weebly editor</p>
Injurious Experience: .
sites using the
"Custom HTML" element that provide a horrible user experience, such
as extreme flashing banners, excessive animated movement, or content that could
provoke seizures in unsuspecting visitors</p>
Illegal/Inappropriate Products: sites that
offer or sell items that are illegal, weapons, counterfeit, stolen, fraudulent,
infringing, violate rights of privacy/publicity, offensive, pornographic, or
manufactured/intended to be weapons</p>
<p>This list is a quick reference and is not meant to be complete.
specific information, please read carefully the Terms below.</p>
Acceptance of Terms</b>
<p>Thank you for
using Weebly! These Terms of Service (“Terms”) are a legal agreement between
you and Weebly (as defined below) and govern your use and access to Weebly’s
website creation service, including our website hosting services, websites,
communication tools, mobile applications, and ecommerce tools and other
services (collectively the “Service”) that are made available through the website
(http://weebly.com) and associated domains owned by Weebly (collectively, the
“Site”) or otherwise made available by Weebly.
By using the Service in any way,
you agree to and accept these Terms, our Privacy Notice, and any other legal
notices or guidelines posted on the Site.
If you are using our Service for an
organization, you are agreeing to these Terms on behalf of that organization.
These Terms will also apply when you use the Service on a trial basis.
do not agree to these Terms, do not use the Service.
Terms mention “<b>Weebly</b>,” “<b>we</b>,” “<b>us</b>,” or “<b>our</b>,” it
refers to the Square company you are contracting with.
Your contracting entity
will generally be determined based on your Country of Residence.
of Residence</b>” is the jurisdiction associated with your Weebly account as
determined by either your express selection or by Weebly’s assessment of your
residence using various data attributes associated with your Weebly account.</p>
If your Country of Residence is the United States, you
are contracting with Square, Inc., 1455 Market Street, Suite 600, San
Francisco, CA 94103, United States.</p>
If your Country of Residence is Canada, you are contracting with Square Technologies, Inc.</p>
If your Country of Residence is Japan, you are contracting with
If your Country of Residence is Australia, you are contracting
with Square AU PTY, Ltd.</p>
If your Country of Residence is the United Kingdom, Ireland or
anywhere except United States, Canada, Japan, or Australia, you are contracting
with Squareup International Ltd.</p>
<p>In addition to
the restrictions set forth above, you are prohibited from creating or using a
Weebly account or otherwise using the Service if you are not legally capable of
entering into contracts, for example, if you are not the age of majority in
your Country of Residence.
If you are not the age of majority in your country
or region, you may only create or use a Weebly account with the supervision and
consent of a parent or guardian or alternatively through a special student
account created by a teacher through education.weebly.com, provided
the teacher has obtained signed consent from your parent or guardian.</p>
Description of Service</b>
Service allows users who register for an account (each an "Account
Holder") to create and update an online web site.
Once registered, each
Account Holder receives his or her own Web Site and may post
"Content" (defined in Section 8).
Any new features on the Service,
including the release of new Weebly tools and resources, shall be subject to
To use the Service, you must have access to the Internet, either
directly or through devices that access web-based content, and you must pay any
fees associated with Internet access.
In addition, you must provide all
equipment necessary to make such connection to the Internet, including a web-enabled
The Service may include certain communications from us, such as
service announcements, administrative messages, and the Weebly Newsletter.
These communications are considered part of Weebly membership.
You may not
access the Service by any means other than through the Service interfaces we
<p>To register as
an Account Holder, you must provide us with a valid email address and other
personal information ("Registration Data").You will choose a password
and account designation for your web sites during the registration process and
you will obtain a Weebly ID.
You are responsible for maintaining the
confidentiality of the password and account, and for all activities that occur
under your account.
In consideration of use of the Service, you agree to
maintain and update true, accurate, current and complete Registration Data.
you provide any information that is untrue, inaccurate, not current or
incomplete, or if Weebly has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, we may suspend or
terminate your account and refuse any and all current or future use of the
Service or any portion thereof.
In addition to the restrictions on selling set
forth in Section 9 below, individuals under the age of 13 are prohibited from
creating or using accounts through Weebly.com.
Students under the age of 13
may, however, use Weebly through special student accounts created by their
teachers through education.weebly.com, provided the teacher has obtained signed
parental consent from the student's parents.</p>
Weebly Privacy Notice</p>
Notice (available at: https://www.weebly.com/privacy), which is part of these
Terms, describes how we collect, protect, and use your Registration Data and
certain other information about you.
We encourage you to read the Privacy
Notice, and to use the information it contains to help you make informed
Website account and security</p>
responsible for maintaining the security of your account and web site, for all
activities that occur or actions taken under the account or in connection with
the web site.
You agree to immediately notify us in writing of any unauthorized
uses of the account or any other breaches of security.
We will not be liable
for any loss or damage from your failure to comply with this security
You acknowledge and agree that under no circumstances will Weebly
or any of its affiliates, subsidiaries, officers, directors, or employees be
liable, in any way, for any of your acts or omissions or those of any third
party, including damages of any kind incurred as a result of such acts or
<p>The Site and
Service are owned by Weebly.
The Site and Service use and display content,
features, and functionality, including but not limited to proprietary software,
inventions, copyrights, trademarks, trade dress, service marks, logos, slogans,
and taglines, owned by Weebly or other unaffiliated third parties, that are
protected by U.S.
and international copyright, trademark, patent, trade secret
and/or other intellectual property or proprietary rights laws.
No portion of
the Site or Service may be copied, reproduced, displayed, transmitted, or
otherwise used for any purpose without the prior written permission of Weebly
or the respective third-party intellectual property owner, or except as
otherwise specifically provided herein.
We reserve all rights not expressly
granted in these Terms.</p>
all confidential and proprietary software used in connection with the Service,
Materials (as defined below), content contained in sponsor advertisements or in
information presented to you through the Service or by advertisers, and all
other materials and services provided by or through Weebly are protected by
copyright, trademark, trade secret, or other intellectual property laws. .
are solely responsible for ensuring that your use of such Materials, including
any “professional photos” or “free photos” made available through the Service,
is done solely in accordance with all relevant laws, and any terms or
conditions applicable to such Materials. .
In no event shall Weebly be liable to
you or any third party for your use of Materials in violation of law, or any
terms or conditions applicable to such Materials.</p>
means any and all software, text, software documentation, designs, "look
and feel," layout, photographs, graphics, audio, video, messages,
interactive and instant messaging, design and functions, files, documents,
images, or other materials, whether publicly posted or privately transmitted,
as well as all derivative works thereof, in each case, made available by or
through Weebly or the Service.
<p>You may use
the Materials to the extent, and only to the extent, necessary to access and
use the Service in accordance with these Terms and, in the case of Materials
owned by third parties made available to you by or through Weebly or the
Service, any third-party terms or conditions applicable to such Materials.
permission does not permit you to store, copy, reproduce, republish, modify,
upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer,
transmit, display, decompile, reverse engineer, reverse assemble, decipher (or
otherwise attempt to discover any programming code or any source code used in
or with the Materials), or otherwise distribute in any way the Materials other
than as specifically permitted in these Terms.
You may not sell, assign,
sublicense, grant a security interest in or otherwise attempt to transfer any
right in the Service or Materials, create derivative works based on or in any
manner commercially exploit the Service or Materials, in whole or in part,
other than as expressly permitted in these Terms.
Any use of the Service or
Materials for any purpose other than as specifically permitted herein and in
any relevant third-party terms of service is expressly prohibited.
all rights not expressly granted in these Terms.</p>
trademarks, service marks, logos, slogans, and taglines (individually and
collectively, “Mark” or “Marks”) are the property of Weebly or their respective
Except as otherwise specifically provided herein, no license or right
to use any Mark is granted to you without the express written permission of
Weebly or the respective third-party Mark owner.
Photos”- By purchasing and/or using any “professional photos” available through
the Service, you agree that: (i) you will use such “professional photos” on
your Weebly site only, for display solely in digital form.
(ii) you will not
sell, modify, re-use, re-sell, distribute, display, reproduce, or make any
other use of such “professional photos”.
(iii) where a “professional photo”
features an individual and is used in connection with a sensitive, unflattering
or controversial subject, you will include a statement that the image is used
for illustrative purposes only and that the individual featured is a model.
(iv) you will not activate the “right-click” function in any “professional
photo”, remove any metadata in any “professional photo”, or reverse engineer,
decompile, or disassemble your site to enable the download or use of any
“professional photo” on a standalone basis. .
In addition, you may not use any
“professional photo”: (i) on a standalone basis with no other content.
pornographic, defamatory, or other unlawful purposes.
(iii) to create or enable
the creation of printed products.
(iv) in physical or digital retail products,
such as e-cards, calendars, posters, or screensavers.
(v) to suggest or imply
endorsement, sponsorship, or affiliation by or with any of the subject matter
contained within the “professional photo;” (vi) for the purpose of enabling
file-sharing of the image file.
or (vii) in logos, trademarks, service marks or
any other branding or identifiers.
Your rights in your Content</p>
not claim ownership of your Content (as defined below), but you give us your
permission worldwide to host your Content on the Service and to perform all acts
necessary to host your Content on the Service (such as making copies,
reformatting, and distributing your Content).
In other words, you grant us and
our subsidiaries affiliates, and successors a worldwide, non-exclusive,
royalty-free, fully-paid, transferable, irrevocable, perpetual, and
sub-licensable right to use, reproduce, modify, adapt, publish, prepare
derivative works of, distribute, publicly perform, and publicly display your
Content throughout the world in any media.
<p>We do not want
to receive confidential or proprietary information from you through the Service
or by email.
Unless otherwise agreed in writing by an authorized Weebly
representative, any material, information or idea you transmit to us by any
means may be disseminated or used by us or our affiliates without compensation
or liability to you for any purpose whatsoever, including, but not limited to,
developing, manufacturing and marketing products.
However, this provision does
not apply to Content or to personal information that is subject to our Privacy
Content and conduct rules
information, data, text, software, music, sound, photographs, graphics, video,
messages, goods, products, services or other materials you post on a web site
via the Service ("Content") are the sole property of the person from
which such Content originated.
You are responsible for all Content that you
upload, post, transmit or otherwise make available via the Service.
We do not
control the Content you post via the Service.
Your Content does not include
non-personally identifiable buyer/seller transaction or behavioral data derived
from the use of Weebly’s eCommerce platform (collectively, “Platform Data”).
Weebly owns all Platform Data and uses it for Service operations, improvements,
You are also responsible for creating back-up copies of your
<p>By using the
Service, you may be exposed to content that is offensive, indecent or
Under no circumstances will we be liable for your Content or the
content of any third party, including, but not limited to, for any errors or
omissions in your Content, 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 the Service.
You acknowledge that we do not pre-screen Content,
but that we shall have the right (but not the obligation) to refuse, move or
delete any Content that is available via the Service.
We shall also have the
right to remove any Content that violates these Terms or is otherwise
objectionable in our sole discretion.
You must evaluate, and bear all risks
associated with, the use of any Content.
You may not rely on any Content
created by us.
You acknowledge and agree that we may preserve Content and may
also disclose Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a) comply
with legal process.
(b) enforce these Terms.
(c) respond to claims that any
Content violates the rights of third-parties.
or (d) protect our rights,
property, or personal safety and those of our users and the public.</p>
processing and transmission of the Service, including Content, may involve (a)
transmissions over various networks.
and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.</p>
upload, post, transmit or otherwise make available any Content that:</p>
is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to,
but not excluding any address, email, phone number, or any other contact
information without the written consent of the owner of such information),
hateful, or racially, ethnically or otherwise objectionable;</p>
you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);</p>
infringes any patent, trademark, trade secret, copyright, rights
of privacy or publicity, or other proprietary rights of any party (e.g., music,
movies, images, e-books, or games you do not own the rights to);</p>
is unsolicited commercial email or "spam".
unethical marketing, advertising, or any other practice that is in any way
connected with "spam", such as (i) sending mass email to recipients
who haven't requested email from you or with a fake return address, (ii)
promoting a site with inappropriate links, titles, descriptions, or (iii)
promoting your site by posting multiple submissions in public forums that are
contains software viruses, worms, Trojan horses or any other
computer code, files, or programs that interrupt, destroy, or limit the
functionality of the Service, computer software or hardware or
telecommunications equipment, or may impact the ability of any Weebly user to
access the Service;</p>
is intended to take advantage of a user such as "get rich
quick," "get paid to surf," pyramid/multi-level marketing, or
other dubious schemes.
is adult in nature, such as any nudity in a sexual context or any
Content with adult themes or reveals exposed genitalia;</p>
harm minors in any way;</p>
"stalk," “bully,” or otherwise harass another;</p>
impersonate any person or entity, including, but not limited to, a Weebly
employee, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;</p>
forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;</p>
interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies, or regulations of
networks connected to the Service;</p>
intentionally or unintentionally violate any applicable local, state, federal
or foreign laws or regulations.
You must comply with all applicable laws
regarding the transmission of technical data exported from the United States or
the country in which you reside.
If you use the Site, the Service, or the
Materials outside the United States of America, you are solely responsible for
compliance with all applicable laws, including without limitation, rules
regarding acceptable online conduct, data privacy, and export and import
regulations of other countries;</p>
promote or provide instructional information about illegal activities, promote
physical harm or injury against any group or individual, or promote any act of
cruelty to animals.
This may include, without limitation, providing
instructions on how to assemble bombs, grenades and other weapons or incendiary
use the Service as a forwarding service to another web site or to fraudulently
manipulate Google or other SEO ranking or Facebook or other social networking
or website “likes” and similar voting mechanisms;</p>
solicit a third party’s passwords or personal identifying information for
unlawful or phishing purposes;</p>
exceed the scope of the Service that you have signed up for (e.g., by accessing
and using the tools that you do not have a right to use, or deleting, adding
to, or otherwise changing other user comments or content);</p>
include more than three ad units per page, or any advertising that greatly
reduces the usability of the Site;</p>
upload files for the sole purpose of having them hosted by us and for use
outside of a web site created using the Service (i.e., created with the Weebly
create a web site that provides an injurious user experience with custom
Examples include, but are not limited to, extreme flashing
banners, excessive animated movement, or content that could provoke seizures in
use, under any circumstance, any open source software subject to the GNU Affero
General Public License v.3, or greater;</p>
Abuse our customer support email, chat, or telephone services or agents.
Take any other action while using the Service that is detrimental to the
Service or Weebly’s reputation, as determined by Weebly in its sole discretion.</p>
<p>We retain the
right to terminate any account or user who has violated any of the above
Selling Through Weebly</p>
<p>Some of our
Services and Materials may offer you the opportunity to sell or purchase goods
and services through sites hosted or designed by Weebly (such goods and
services, “Commercial Products”).
We are merely providing the platform for
buyers and sellers to conduct transactions for these Commercial Products.
order to sell through Weebly, you must be 18 years or older or at least the age
of majority in your Country of Residence and you must provide your full legal
name, current address, valid email address, and any other information requested
In the event of a dispute regarding account ownership, we reserve the
right to request documentation to determine or confirm account ownership.
Documentation may include, but is not limited to, a scanned copy of your
business license, government issued photo ID, the last four digits of the
credit card on file, etc.
<p>When a buyer
purchases Commercial Products, payments will be processed through our third
party payment service provider.
Buyers of Commercial Products will be provided
a notice when entering their payment information directing them to the third
payment services are governed solely by the payment service provider’s terms of
We are not responsible for the actions of these
third party service providers.
In addition to the other rules and requirements
described in these Terms, you must follow the rules listed below when offering,
selling, or purchasing Commercial Products.</p>
WILL NOT offer or sell any Commercial Products that:</p>
are illegal or potentially
illegal, including those that are counterfeited, stolen, or fraudulent.
Commercial Products sold using the Services must comply with all applicable laws,
including Commercial Products sold to individuals outside of the U.S.;</p>
infringe or have the potential
to infringe the intellectual property or privacy rights of another or that may
be libelous, slanderous, or otherwise defamatory;</p>
we determine, in our discretion,
are inappropriate, offensive, pornographic, sexually explicit, or violent.
are manufactured as, or
primarily intended to be used as, weapons, including firearms, restricted
devices, or ammunition.
We reserve the right to determine, in our sole
discretion, whether Commercial Products constitutes “weapons” for purposes of
use images or names of any
third party (including notable personalities or celebrities) when offering or
selling Commercial Products without first obtaining that third party’s
<p>You may agree
to a one (1) month, six (6) month, twelve (12) month or twenty-four (24) month
contract agreement with Weebly.
Some of the features on the Service require
payment of fees, as described for each Service on the Site (“Fees”).
sign up for these features, you must pay all applicable feature Fees.
reserve the right to change our prices and/or bundle certain parts of the
Service together for pricing purposes, and may do so at any time.
us to make any reasonably necessary inquiries to validate your account and
<p>All Fees are
in USD and do not include any taxes, levies, duties or similar governmental
assessments of any nature, including, for example, value-added, sales, use or
withholding taxes, assessable by any jurisdiction (collectively, “Taxes”).
is your responsibility to determine what, if any, Taxes apply to the payments
you make or receive, and it is solely your responsibility to assess, collect,
report and remit the correct Taxes to the appropriate authority.
purchase any Services that we offer for a Fee, you consent to Weebly, or our
third party service providers, storing your payment card information and you
authorize us to charge you (a) any Fees for Services you may purchase, and (b)
any applicable Taxes in connection with your use of the Services to the payment
card you provide, and you will reimburse us for all costs associated with the
collection of any overdue amounts, including any interest due for the same.
the payment card you provide expires and you do not provide new payment card
information or cancel your account, you authorize us to continue billing you
and you will remain responsible for any uncollected Fees.
<p>AT THE END OF
THE CONTRACT TERM, YOUR CONTRACT WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL
CONTRACT TERM OF THE SAME LENGTH UNTIL EXPLICITLY CANCELLED BY YOU, AND YOUR
PREFERRED PAYMENT METHOD WILL BE CHARGED ACCORDINGLY.
YOU MAY TURN OFF THE
AUTO-RENEW FEATURE FOR YOUR CURRENT CONTRACT AT ANY TIME.
YOU MAY SEND CANCELLATION
REQUESTS BY CONTACTING US THROUGH HTTP://HC.WEEBLY.COM OR BY CALLING OUR HELP
CENTER AT ANY TIME.</p>
<p>If you cancel
the Service, your cancellation will take effect immediately.
cancellation, you will no longer have access to your web site and we may delete
all information on your web site.
We accept no liability for such deleted
information or content.</p>
<p>For as long as
we continue to offer the Service, we will provide and seek to update, improve,
and expand the Service.
As a result, we allow you to access the Service as it
may exist and be available on any given day and have no other obligations,
except as expressly stated in these Terms.
We may modify (e.g., change data
storage or capacity limits), replace, refuse access to, suspend or discontinue
the Service, partially or entirely, or change and modify prices for all or part
of the Services we offer in our sole discretion.
All of these changes are
effective upon their posting on our site or by direct communication to you
unless otherwise noted.
We further reserve the right to withhold, remove and or
discard any Content available as part of your account, with or without notice
if deemed by us, in our sole discretion, to be contrary to these Terms.
avoidance of doubt, we have no obligation to store, maintain, or provide you a
copy of any Content that you or others provide when using the Service.
reserve the right to limit or cease phone or chat support to you if you consume
a disproportionate amount of such customer services or otherwise negatively
affect our ability to provide support to other customers (as determined in our
Money Back Guarantee</p>
Weebly accounts, except month-to-month accounts, include a 30-day money back
If you are dissatisfied with such account service for any reason,
you can receive a full refund if you cancel your account within 30 days of
activation, or within 30 days of your contract being renewed.
refund requests to http://hc.weebly.com with the subject line: Refund Request.
At any time during your
contract term, you may upgrade or downgrade your service with Weebly.
event of a service downgrade, a prorated credit will be issued to your Weebly
account for the difference in the cost of the two services for the remainder of
your original contract term.
This credit will be applied to future months of
service with Weebly, and cannot be refunded to you in cash.
account may cause the loss of Content, features, or capacity of your account.
We do not accept any liability for such loss.</p>
Third Party Services,
Software, and Websites.
No Implied Endorsement</p>
<p>Weebly is not
responsible or liable for any loss or damage incurred as a result of your use
of any third party’s service, product, software, or website, including but not
limited to any content thereon such as text, documents, designs, images, clips,
photographs, videos, artwork, graphics, audio, audio-visual files, messages, interactive
and instant messaging, posts, functions, files, documents, or other materials
(collectively, “Third Party Materials”) whether or not you were linked to or
directed to any Third Party Materials by or through the Site or Service.
does not endorse or assume responsibility for any Third Party Materials and
makes no guarantee regarding the reliability, accuracy, nature, origin,
quality, or use of such Third Party Materials.
You are solely responsible for
ensuring that your use of any Third Party Materials, including those made
available by or through the Site or Service, is done solely in accordance with
all relevant laws, and the terms and conditions of any applicable licenses or
other agreement. .
In no event shall Weebly be liable to you or any third party
for your use or alleged use of any Third Party Materials.</p>
Party Materials, such as email, e-commerce and payment services including but
not limited to, Authorize.net, PayPal, Square, and Stripe payment options, may
be subject to the applicable third party terms of service and privacy policies,
and you are solely responsible for reviewing, agreeing to, and complying with
any such terms before you use any Third Party Materials.
Your use of any Third
Party Materials is at your own discretion and risk.
If you do not agree to the
third party’s terms of service or license agreement, do not download or use the
Third Party Materials.
Your use of any Third Party Materials obtained through
the Service does not transfer to you any rights, title, or interest in or to
the Third Party Materials beyond the terms contained in the third party
provider's terms of service or license.
Any reference on the Site to any Third
Party Materials is not an approval or endorsement by us of such Third Party Materials.
Payment Processors: Weebly uses third party payment processors to assist us in
securely processing your personally identifiable payment information.
third party processors’ use of your personal information is governed by their
respective privacy policies which may or may not contain privacy protections as
protective as the Weebly Privacy Notice.
Payments are currently processed and
managed using the third party vendors below.
We will inform you which payment
processors are used when processing your payments.</p>
Android Pay - privacy
<p>Apple Pay and
Android Pay are automatically activated for users who have selected Stripe as
their payment processor.
If you do not wish to accept Apple Pay or Android Pay
as a payment type, it is your responsibility to deactivate Apple Pay and/or
You can deactivate these payment options in your Store checkout
Your use of Apple Pay and Android Pay constitutes your acceptance of
Apple Pay’s Acceptable Use Guidelines and/or Google/Android Pay’s (API) Terms
<p>If you choose,
you may contribute website themes ("Custom Themes") to the Service
for use by other users.
You hereby grant and agree to grant us an exclusive,
perpetual, sublicensable, worldwide, irrevocable, royalty-free right and
license to use, copy, modify, and create derivative works of any Custom Themes
contributed by you to the Service, including the HTML code and associated media
Designer Platform Terms</p>
<p>If you use our
Designer Platform Service to design a web site (a “Client Website”) for a third
party (your “Client”), your use of the Service shall be subject to the
additional terms set forth in this Section 15.</p>
Your relationship with your Client is strictly between you and the Client.
will not be a party to any agreement you have with your Client.
The manner and
means that you choose to perform your services are in your sole discretion and
however you agree to perform these services in a timely and
professional manner, consistent with industry practice and in conformance with
You accept full responsibility for all Client Websites under your account and
for each Client Website’s adherence to these Terms.</p>
While we intend to allow you to resell the service under a private label, this
private label is in no way guaranteed and we will in no way be held responsible
for any failure to maintain its private label.</p>
In the event your Client contacts us, we will direct them to contact you.
the event you fail to support your Client and we receive a request from your
Client stating that you have not been responsive, we reserve the right to
support your Client directly.</p>
Payments for your use of the Designer Platform Service are calculated on a per
Each Client Website under your account that is published live to
a Client’s domain will incur monthly service charges.
These service charges are
billed to the credit card on file for your Weebly account.</p>
Service charges are billed each month for the upcoming month’s service, based
on the total service charges of all Client Websites.
If a new Client Website is
published mid-month, a pro-rated amount will be included on your next month’s
No refunds will be given for any days remaining in your current billing cycle.</p>
You understand and agree that you, as the Account Holder, are ultimately
responsible for payment for every Client Website under your account.
If, at any
time, the billing obligations of any Client Website are not met, we will have
the right to disable the Client Website until the billing obligation is met.</p>
Resale of Service</p>
<p>You will not
reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service
without our express written permission, which may be in the form of a separate
written agreement with Weebly (such as the Weebly Cloud Agreement).
often used by Designers to design websites for a third party.
Such use is
explicitly permitted under the Designer Platform terms above.
Should you design
websites for third parties on any other version of Weebly other than the
Designer Platform, such sites must each have their own account controlled by
the third party, and you may not group multiple client sites under one account
owned by you.</p>
Domain Name Registration,
Domain Name Cancellation, and Change of Registrar</p>
<p>For the domain
name registration services (the “Domain Services”) provided to you by Weebly,
the following terms and conditions also apply (the “Domain Terms”).
Your use of
the Domain Services provided by Weebly serves as your consent to these terms.
Some of the service packages include Weebly registering an Internet domain name
or renewing your existing domain name (the “Domain Name”) on your behalf.
the purpose of procuring and/or maintaining domains, Weebly will act only as
the agent between you and the domain name service provider responsible for
domain name allocation (the “Registrar”), which will be Register.com.
registrations and subsequent renewals of those registrations will therefore
also be subject to the Register.com terms and conditions located at:
Weebly reserves the
right to utilize another domain name service provider at any time, in which
case the terms and condition of such organization will apply complementarily to
these Domain Terms and such other domain name service provider shall be deemed
a “Registrar” for purposes of these Terms.
provide one (1) free domain name for up to one year, with a new purchase of an
annual or bi-annual subscription plan.
The domain will be included for the
lifetime of your Weebly account, and the domain will be registered in your name
and is yours to keep, as long as you cover any applicable domain registration
fees following the first year.
The free domain name only applies to certain
top-level domains (e.g.
.com, .net, and .org) when signing up for a new plan.
responsible for providing correct and complete data regarding the domain name
holder (“Registrant”) and the administrative contact when registering the
The technical contact in all cases will be Weebly, Inc.
applying for a domain name, it is your responsibility to check that the domain
name does not violate the rights of any third party or contravene any applicable
law, rule or regulation.
We may defer activation of a domain name until payment
of the agreed fees for the registration services has been received.
in no position to influence the allocation of the domain name by the Registrar.
We can neither guarantee that the requested domain names will be allocated to
you and/or that allocated domain names are free of third-party rights nor
guarantee their continued existence.
Any information we provide regarding the
availability of a domain name is based on the data provided by third parties
and only refers to the time that information is requested.
The domain will not
be deemed as allocated before registration of the domain in the name of you,
the Registrant, and its entry in the database of the Registrar.
registration term for purchased domains may vary and such registration will
auto-renew for successive 12-month periods.
You will be charged for
auto-renewal forty-five (45) calendar days before your domain expires (even if
that date differs from your Weebly website subscription renewal date).
of course, opt out of auto-renewal by turning off the auto-renew option in your
settings at any time before the auto-renewal takes effect.
domain name is registered in your name and is yours to keep, as long as you pay
the applicable fees.
If you purchase a new domain, or renew an existing domain,
and cancel your purchase within the first thirty (30) days by contacting
http://hc.weebly.com, you may receive a full refund.
Your right and title to
your domain name allows you to transfer a purchased domain to another domain
however, you will not be eligible for a refund of registration fees
paid to Weebly for transferred domains.
Regardless of the identity of the
Registrant or any other contact information in your domain name records, any
domain name registered through Weebly using your Weebly account is covered by
accurate and current billing information is a mandatory condition of
maintaining your Weebly account.
Such data must include the full and real name
of the Registrant, a physical mailing address (PO boxes or anonymous addresses
are not permissible), a valid email address and telephone number.
information changes, you must immediately inform us of this change by updating
Please note that if your billing information, including your current
credit card information, is not current, we will not renew your Domain Services
and they may subsequently expire.
these Terms and those of the Registrar, you may transfer all domain names
registered through us to another domain name service provider by following the
online instructions provided by Weebly.
Should we, due to failure on the part
of you, the account holder, or the new domain name service provider, be unable
to make the domain transfer to your new domain name service provider, we are
expressly entitled to have the cancelled domain name deleted by the relevant
domain name service provider after the cancellation date has lapsed, and we
will not be liable to you or any third party for such deletion.
We reserve the
right to allow domain transfers only if you have settled all undisputed pending
claims with us.
<p>It may not
always be possible to recover a domain name after it has expired, and Weebly
has sole discretion in determining when a domain name can be renewed
post-expiry and what fees will be applicable.
If you forfeit a domain name for
non-payment, Weebly will have the right, in its sole discretion, to: (a)
register and use the domain name for its own purpose.
(b) sell or transfer the
domain name to a third party.
or (c) delete the domain name and allow any new
registrant anywhere in the world to register the domain name anew.
agree that Weebly may charge the credit card you have on file with Weebly to
recover any amounts outstanding on your account.
occasions, domain name registrations may become the subject of a legal
If Weebly is made a party to any legal action by virtue of one of
your domain name registrations, you agree to be responsible for all of Weebly’s
costs and legal fees and to indemnify and hold Weebly harmless from any action.
If Weebly is notified that a complaint has been filed with a judicial or
administrative body regarding your domain name, Weebly may, at its sole
discretion: (a) lock or suspend your ability to use, make modifications to, or
transfer your registration records.
and/or (b) deposit control of your
registration record with the appropriate judicial entity by supplying a
registrar certificate from us.
notify us immediately if you lose the rights to a domain name registered by
Weebly on your behalf.</p>
Email Marketing Service</p>
<p>For the email
marketing services provided directly to you by Weebly (the “Email Marketing
Service”), the following terms and conditions also apply.
Your use of the Email
Marketing Service serves as your consent to these terms.
Weebly may suspend or
terminate your access to and use of the Email Marketing Service if you do not
comply with these terms.</p>
<p>Your use of
the Email Marketing Service must comply with all applicable domestic and
This includes the laws applicable to you and also laws
applicable to Weebly and all recipients to whom you intend to send emails (each
Examples of applicable laws include laws relating to spam or
unsolicited commercial email (hereinafter “Spam” or “UCE”), privacy, security,
obscenity, defamation, intellectual property, pornography, terrorism, homeland
security, gambling, child protection, and other applicable laws.
It is your
responsibility to know and understand the laws applicable to your use of the
Email Marketing Service and the emails you generate and send through the Email
Your use of the Email Marketing Service must also comply
with the Privacy Notice applicable to the Email Marketing Service.
Privacy Notice is available here.</p>
<p>You are solely
responsible for your products and services and any other promotion and Content
contained in or referred to in your emails sent through the Email Marketing
You agree to use the Email Marketing Service in a lawful, safe, and professional
manner, consistent with industry best practices, including keeping reliable
You are solely responsible for any and all statements you make and for
all user assistance, warranty and support of your products and services.</p>
<p>Your use of
the Email Marketing Service must follow all applicable guidelines established
The guidelines below are examples of practices that may violate
these Terms when generating or sending email or messages through the Email
<p>You will not:</p>
Use the Email Marketing Service in violation of Weebly’s Terms of Service or of
any law applicable to you or your Recipients;</p>
Use the Email Marketing Service to send Spam.
You must ensure that all
Recipients have explicitly granted permission to receive emails from you by
affirmatively opting-in to receive those emails.
All emails and messages sent
by means of the Email Marketing Service must comply with our Anti-Spam Policy,
as outlined below:</p>
Weebly has a no tolerance Spam policy and does not knowingly and
intentionally do business with any user or company that participates in sending
We do not sell or exchange personal information from our opt-in
An email is Spam if, among other things: (a) the Recipient’s
personal identity and context are irrelevant because the message is equally
applicable to many other potential recipients.
(b) the Recipient has not
verifiably granted deliberate, explicit and still-revocable permission for it
to be sent.
and (c) the transmission and reception of the message appears to
give a disproportionate benefit to the sender.
Spam is an issue of consent, not content.
A Recipient should
“affirmatively opt-in,” or expressly consent to receiving the message, either
in response to a clear and conspicuous request or at the recipient’s own
CAN-SPAM Act regulates and establishes requirements for
commercial messages, gives Recipients the right to have you stop emailing them,
and spells out tough penalties for violations.
Other international regulations
and laws also apply to electronic marketing, and while we cannot give legal
advice, we encourage you to become familiar with these laws, especially if you
live in or mail to recipients outside the U.S.
If you receive Spam complaints or run into compliance problems, or
if Weebly identifies a potentially problematic contact list, we will first ask
questions to try to understand your business as well as your marketing goals.
If we determine that a list is not consent-based or is too old or problematic
to work with, we will require that it be removed from your account.
instances, we may ask you to find another service provider because our goals
are simply not compatible.
Please refer to our Email Marketing FAQ located in
the Help Center for further guidance on how to become a responsible mailer, as
well as the additional ways that Weebly helps protect against sending unwanted
or unsolicited email.</p>
If you feel a Weebly user is sending unsolicited email, you can
report it to us by sending it to firstname.lastname@example.org.
Use the Email Marketing Service to request, collect or send any non-public or
personally identifiable information about another user or any other person
without their express prior written consent (or the parent’s consent in the
case of a minor), illegal information, or any other information you do not have
the right to request, collect or distribute;</p>
Use the Email Marketing Service to send email campaigns that link to or display
pornography, other sexually explicit content, illegal goods or services, or any
other Content that Weebly deems inappropriate in its sole discretion;</p>
Transmit any message, information, data, text, software or image, or other
Content that is not owned by you or legally licensed to you, or is unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
libelous, or otherwise objectionable which may violate another’s right of
privacy or publicity;</p>
Send through the Email Marketing Service any unethical, false or misleading
advertising, promotions, or sales efforts and practices;</p>
Post or transmit any materials that contains a virus or corrupted data;</p>
Use purchased or rented email lists;</p>
Use third party email addresses, domain names, or mail servers without proper
Send emails to non-specific addresses (e.g., email@example.com or
firstname.lastname@example.org) or distribution lists, newsgroups, publicly available press or
media addresses or purchased email addresses;</p>
Send emails that result in an unacceptable number of Spam or UCE complaints
(even if the emails themselves were not actually Spam or UCE);</p>
Disable or fail to include a working “unsubscribe” link in every email, which
allows the Recipient/s to remove themselves from your mailing list.
link must remain operational for at least 60 days after the date on which you
send the message, and you agree that you will not remove, disable or attempt to
remove or disable the link;</p>
or fail to comply with any request from a Recipient to be removed from your
mailing list within seven (7) calendar days of receipt of the request.
cannot charge a fee, require the Recipient to give you any personally
identifiable information beyond an email address, or make the Recipient take
any step other than sending a reply email or visiting a single page on an
Internet website as a condition for honoring an unsubscribe request.
required under the U.S.
CAN-SPAM Act and other applicable laws, you acknowledge
that you are responsible for maintaining and honoring the list of unsubscribe
requests following termination of your Weebly account, for any reason
Disguise the origin or subject matter of any email or falsify or manipulate the
originating email address, subject line, headers, or transmission path
information for any email.
For any email or message sent by you using the Email
Marketing Service, (a) the “from” line must accurately and in a non-deceptive
manner identify your identity or your organization’s identity.
and (b) the
“subject” line of your email must relate to the email’s actual content and must
not contain any deceptive or misleading content regarding the overall subject
matter of the email message.
You agree that you are the sole or designated
sender of any email you send through the Email Marketing Service, pursuant to
any law or act applicable to your use of the Email Marketing Service (e.g.,
CAN-SPAM Act of 2003, Canada’s Anti-Spam Legislation, S.C.
Directive 2003/58/EC of the European Parliament and of the Council of 12 July
2002), and as such you are required to comply with such laws and any other laws
in other jurisdictions that apply to your use of the Email Marketing Service,
and be responsible for any violation of any such applicable laws.</p>
Fail to include in each email your valid physical mailing address (which if you
are located in the United States, may be a valid post office box meeting the
registration requirements established by the United States Postal Service) or a
link to that information.
For Recipients based in the EU, each email must
additionally include the sender’s business registration number and VAT ID or a
link to that information;</p>
Include “junk mail”, “chain letters”, “pyramid schemes”, incentives (e.g.,
coupons, discounts, awards, or other incentives) or other material in any email
that encourages a Recipient to forward the email to another recipient.
Fail to comply with export and import regulations for the U.S.
industries yield higher than normal abuse rates for Spam.
Thus, the Email
Marketing Service may not be used on behalf of certain industries and senders.
This includes, but is not limited to, the following:</p>
Work from home, make money online, “get rich schemes”, and lead
Online trading, day trading tips, or stock market-related content;</p>
Mortgage and loan content;</p>
Nutritional, herbal and vitamin supplements;</p>
Gambling services, products, or tips;</p>
Affiliate marketing or any type of performance marketing, in
which a business rewards or otherwise incentivizes one or more affiliates for
each visitor or customer brought by the affiliate’s own marketing efforts;</p>
Credit repair and get out of debt opportunities.
Counterfeit or “knock off” products appearing to be another brand.</p>
<p>It is your
responsibility to ensure that the Content you put in your emails does not
violate these guidelines.
Although Weebly has no obligation to do so, we may
monitor your account to ensure compliance with these Terms and operation within
the acceptable industry standards.
In our sole discretion, we reserve the right
to block emails, remove Content, or prohibit use of the Email Marketing Service
that may be in violation of the foregoing or of the Terms (including SendGrid
You understand and agree that we and any applicable third party that
supports, posts, publishes or distributes your emails and Content also has the
right to reformat, edit, monitor, reject, block or remove any of your emails
and Content and suspend or terminate the Email Marketing Service, in whole or
in part, permanently or temporarily.
In no case will the foregoing make us
responsible or liable to you for compliance with any such laws or obligations,
for which you remain solely responsible and liable.</p>
<p>If you know of
or suspect any violations of these Terms, please notify Weebly here.
will determine compliance with these Terms in its sole discretion and reserves
the right, without notice, to take all measures of any nature (legal,
technical, or otherwise) or prevent UCE and/or any other unauthorized email,
messages or campaigns from entering, utilizing or remaining within our network.
We may terminate the Email Marketing Service and your Weebly account at any
time and for any reason.
If your account is terminated, we may permanently
delete it and any associated data.
<p>In order to
provide the Email Marketing Service, we currently use SendGrid’s API (www.sendgrid.com).
hence, your use of the Email Marketing Service is also governed by SendGrid’s
terms and policies, as now effective and/or as may be effective in the future
Terms are in addition to these Terms, and you shall comply with both as
applicable to the Email Marketing Service.
Weebly is under no obligation to
notify you of any changes to the SendGrid Terms. .
We may terminate any Third
Party Service, including SendGrid, in our sole discretion at any time, without
notice to you, with no liability to you or to the third party.
termination or any act by a Third Party Service may impact our ability to make
available some or all of the features of the Email Marketing Service, and we
will not be liable to you or to any third party for any such actions.</p>
<p>We will obtain
any information that you provide us in connection with your use of the Email
Marketing Service, such as contact lists (including email addresses and any
other information contained in such lists) and Content posted or used by you
for the Email Marketing Service, or in any other manner.
We acknowledge your
ownership rights in such contact lists (“Customer Information”) and Content.
won’t sell or rent your Customer Information without your prior explicit
permission or use your Customer Information for any purpose other than as
described in our Privacy Notice and in these
SendGrid may also use the Customer Information and other information
provided by you as part of the Email Marketing Service, in accordance with the
grant to us a revocable, non-exclusive, royalty-free, worldwide license, with
the right to sublicense, use, reproduce, publish, distribute, perform and
display Customer Information, only as required by us to offer and operate the
Email Marketing Service.</p>
<p>You are solely
responsible for the accuracy, quality, integrity, legality, reliability and
appropriateness of all Customer Information.
You are responsible for
maintaining, securing and storing all Customer Information in accordance with
applicable law and your contractual obligations, including these Terms.
represent and warrant that you own or have rights in the material in your
emails and the Customer Information required for us to use the Customer
Information as contemplated by these Terms.</p>
<p>When using the
Email Marketing Service, you agree that any emails and messages and Content
contained therein are non-confidential, and you automatically grant or warrant
that the owner of such Content or intellectual property has granted to us (or
sub-licensed to us through you) a non-exclusive, royalty-free, perpetual,
transferable, worldwide license, with the right to sublicense, to use,
reproduce, create derivative works from, modify, publish, edit, translate,
distribute, perform and display such Content or intellectual property in any
manner or in any media now known or hereafter created, including in connection
with our marketing and promotional activities.</p>
<p>To the extent
permitted by law, we may make and preserve copies of all Customer Information
as necessary to provide the Email Marketing Service and for internal back-up
and other legal or regulatory purposes.
However, we are not obligated to
preserve copies of your Customer Information, emails and messages, Content or
You are responsible for backing up your Customer Information.
<p>We make no
representation or warranty that the content and materials on our website and/or
the Email Marketing Service are appropriate for use in locations outside the
Those who choose to access the Email Marketing Service from
other locations do so at their own risk, and are responsible for compliance
with applicable local laws.
We reserve the right, at any time and in our sole
discretion, to limit the availability, quantity, and accessibility of the Email
Marketing Service to any person, geographic area, or jurisdiction.</p>
indemnify, defend, and hold harmless Weebly, and its subsidiaries, licensors,
affiliates, officers, directors, agents, co-branders, partners, employees,
successors, and assigns (collectively “Indemnified Parties”) from any and all
liability, loss, claim, damages, expenses, costs or demands, (including but not
limited to reasonable attorneys' fees), incurred or made against the
Indemnified Parties by any third party in connection with any claim arising
from or related to: (a) your use (or anyone using your account/s) use of the
Service, the Site or the Materials, (b) your Content, (c) any Commercial
Products you offer on or through the Site or using our Services, or (d) your
use of the Domain Services.
This includes, but is not limited to, any breach or
violation of these Terms by you or anyone utilizing your account.
fully cooperate at your expense as required by an Indemnified Party.
Indemnified Party may, at its election, assume the defense and control of any
matter for which it is indemnified hereunder.
You shall not settle any matter
involving an Indemnified Party without the consent of the applicable
Disclaimer of warranties</p>
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.</p>
WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR
VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS,
MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS
OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE,
OR OTHER INTERACTION WITH THE SERVICE.
YOU ARE RESPONSIBLE FOR MAINTAINING AND
BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE.
DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.</p>
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.</p>
ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN
CONNECTION WITH THE SERVICE IS NOT INTENDED AS A SUBSTITUTE FOR THE KNOWLEDGE,
EXPERTISE, SKILL AND JUDGMENT OF TAX, LEGAL OR OTHER PROFESSIONALS.
DOES NOT PROVIDE TAX OR LEGAL ADVICE.
YOU ARE RESPONSIBLE FOR OBTAINING SUCH
ADVICE AND WE ENCOURAGE YOU TO DO SO PRIOR TO, AND IN CONJUNCTION WITH, USING
THESE TERMS APPLY SOLELY TO THE SERVICE.
AS PART OF THE SERVICES PROVIDED TO
OTHER WEEBLY USERS, WE HOST WEBSITES FOR CERTAIN THIRD PARTIES (“THIRD PARTY
THIRD PARTY SITES INCLUDE CONTENT GENERATED BY THIRD PARTIES AND ARE
NOT UNDER THE MANAGEMENT AND CONTROL OF WEEBLY.
WEEBLY IS NOT RESPONSIBLE FOR
SUCH THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION, THE ACCURACY,
SUFFICIENCY, CORRECTNESS, RELIABILITY, VERACITY, COMPLETENESS OR TIMELINESS
THEREOF, ANY LINK CONTAINED THEREIN, OR ANY CHANGES OR UPDATES THERETO, OR ANY
GOODS OR SERVICES SOLD THEREON.
YOUR ACCESS OR USE OF ANY THIRD PARTY SITE IS
GOVERNED BY THE TERMS APPLICABLE TO SUCH THIRD PARTY SITE.
THE HOSTING OF ANY
THIRD PARTY SITE BY WEEBLY DOES NOT IMPLY AN ENDORSEMENT THEREOF BY WEEBLY, OR
OF THE PROVIDER OF SUCH CONTENT OR SERVICES, OF ANY THIRD PARTY SITE.</p>
NEITHER WEEBLY NOR ANY THIRD PARTY PROVIDERS, PARTNERS, OR AFFILIATES WARRANT
THAT THE SITE, ITS SERVERS, THE MATERIALS OR THE SERVICE, OR ANY EMAIL SENT
FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS, OR AFFILIATES ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.</p>
WEEBLY AND ITS LICENSORS MAKE NO WARRANTY OR REPRESENTATION THAT THE SERVICES,
MATERIALS, OR SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC
Limitation of Liability</p>
<p>TO THE EXTENT
PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON
FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEEBLY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE
INABILITY TO USE THE SERVICE.
(b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
(c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
(d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
OR (e) ANY
OTHER MATTER RELATING TO THE SERVICE.
<p>IN THE EVENT
OF ANY PROBLEM WITH THE SITE, THE SERVICE, OR THE MATERIALS, YOUR SOLE AND
EXCLUSIVE REMEDY, AS PERMITTED BY APPLICABLE LAW, IS TO CEASE USING THE SITE,
THE SERVICE, AND THE MATERIALS.
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE
LAW, NEITHER WEEBLY, ITS AFFILIATES, NOR LICENSORS SHALL BE LIABLE IN ANY WAY
FOR YOUR USE OF THE SITE, THE SERVICE, THE MATERIALS, YOUR CONTENT, THE
COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR
THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY
INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD
PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR
RELATED TO, THE USE OF THE SITE, THE SERVICE, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL
PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE
Exclusions and Limitations</p>
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS
SET FORTH IN SECTIONS 20 AND 21.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 20 AND 21 MAY NOT APPLY TO YOU.</p>
on the Service are provided with "RESTRICTED RIGHTS." Use, duplication,
or disclosure by the U.S.
Government is subject to restrictions as set forth in
applicable laws and regulations.
Use of the materials by the U.S.
constitutes acknowledgment of our proprietary rights in them.</p>
Agreement to Arbitrate.
<p>We want to
address your concerns or issues before filing a claim against Weebly.
contact us at http://hc.weebly.com.
We'll contact you by email to informally
resolve the dispute.
You or Weebly may start a formal dispute resolution process
if a dispute is not resolved within 30 days of your submission.
<p>YOU MAY ONLY
RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND YOU WILL NOT BRING A CLAIM
AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE
ACTION (E.G., CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION,
OR CONSOLIDATION WITH OTHER ARBITRATIONS).
relating to these Terms that is not resolved through our informal process, or
as set forth below, will be resolved finally and exclusively by binding
individual arbitration with a single arbitrator (the “Arbitrator”) administered
by the American Arbitration Association (<u>https://www.adr.org</u>) according to this Section and the applicable arbitration rules
for that forum.
shall be responsible for determining all threshold arbitrability issues,
including issues relating to whether the Terms are enforceable, unconscionable
or illusory and any defense to arbitration, including waiver, delay, laches, or
Subject to applicable jurisdictional requirements, you may elect to
pursue your claim in your local small-claims court rather than through
arbitration so long as your matter remains in small claims court and proceeds
only on an individual (non-class or non-representative) basis.
Arbitration Act, 9 U.S.C.
§§ 1-16, fully applies.
If you are a consumer
bringing a claim relating to a transaction intended for a personal, household,
or family use, any arbitration hearing will occur within the county where you
Otherwise, any arbitration hearing will occur in San Francisco,
California, or another mutually agreeable location.
The arbitrator’s award will
be binding on the parties and may be entered as a judgment in any court of competent
While an arbitrator may award declaratory or injunctive relief,
the Arbitrator may do so only with respect to the individual party seeking
relief and only to the extent necessary to provide relief warranted by the
individual party’s claim.
An Arbitrator’s decision and judgment thereon will
not have a precedential or collateral estoppel effect in any other case or
Weebly will reimburse the arbitration fees due to the American
Arbitration Association for individual arbitrations brought in accordance with
this section for all claims totaling less than $10,000 unless the Arbitrator
determines that your claims were frivolous.
If you prevail on any claim for
which you are legally entitled to attorney’s fees, you may seek to recover
those fees from the arbitrator.
For any claim where you are seeking relief, we
will not seek to have you pay our attorney’s fees, even if fees might otherwise
be awarded, unless the Arbitrator determines that your claim was frivolous.
purposes of this arbitration provision, references to you and Weebly also
include respective subsidiaries, affiliates, agents, employees, predecessors,
successors and assigns as well as authorized users or beneficiaries of the
Subject to and without waiver of the arbitration provisions above,
you agree that any judicial proceedings (other than small claims actions in
consumer cases as discussed above) will be brought in and you hereby consent to
the exclusive jurisdiction and venue in the state courts in the City and County
of San Francisco, California, or federal court for the Northern District of
If any part of these Terms is held invalid or unenforceable,
that part will be construed to reflect the parties’ original intent, and the
remaining portions will remain in full force and effect.
may bring a lawsuit solely for injunctive relief to stop unauthorized use or
abuse of the Service, or to enforce intellectual property rights (e.g.,
copyright, trademark, trade secret, or patent rights) without first engaging in
our informal dispute resolution process or arbitration.
In the event this agreement
to arbitrate does not apply to you or your claim, any judicial proceeding will
be brought in the federal or state courts of San Francisco County, California.
You and Weebly agree to submit to the personal and exclusive jurisdiction of
the courts in San Francisco, California. .
REGARDLESS OF ANY STATUTE OR LAW TO
THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR
RELATED TO USE OF THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR
AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.</p>
Notice to Users in
<p>We want to
address your concerns or issues.
Please contact us at <u>http://hc.weebly.com</u> so that we can address your concerns.
You may also contact us
at Square, Inc.
(dba Weebly) 1455 Market Street, Suite 600, San Francisco,
California 94103 USA.
Additionally, under California Civil Code Section 1789.3,
users of the Service from California are entitled to the following specific
consumer rights notice: The Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs may be
contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA
95834, or by telephone at (916) 445-1254 or (800) 952-5210.
<p>We may provide
notices to you via either email or regular mail.
The Service may also provide
notices of changes to these Terms or other matters by displaying notices or
links to notices to you generally on the Service.
If your Country of Residence
is the United States or Canada, these Terms and the relationship between you
and Weebly shall be governed by the laws of the State of California without
regard to its conflict of law provisions.
You and Weebly agree to submit to the
personal and exclusive jurisdiction of the courts located within San Francisco,
If your Country of Residence is the United Kingdom, Ireland, or
anywhere except the United States, Canada, Japan, or Australia, these Terms and
the relationship between you and Weebly shall be governed by the laws of
England and Wales. .
If your Country of Residence is the Japan these Terms and
the relationship between you and Weebly shall be governed by the laws of
If your Country of Residence is Australia, these Terms and the relationship
between you and Weebly shall be governed by the laws of Victoria.
of Weebly to exercise or enforce any right or provision of these Terms shall
not constitute a waiver of such right or provision.
These Terms constitute the
entire agreement between you and us and govern your use of the Service,
superseding any prior agreements (including, but not limited to, any prior
versions of these Terms).
You also may be subject to additional terms and
conditions that may apply when you use affiliate or other services, third-party
content or third-party software.
If any provision of these Terms or
incorporated documents are found by a court of competent jurisdiction to be
invalid, the parties nevertheless 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.
You agree that
regardless of any statute or law to the contrary, any claim or cause of action
brought by you arising out of or related to use of the Service or these Terms
must be filed within one (1) year after such claim or cause of action arose or
be forever barred.
The section titles in these Terms are for convenience only
and have no legal or contractual effect.
You acknowledge and agree that you are
each waiving the right to participate as a plaintiff or class member in any
purported class action or representative proceeding.
Further, more than one
person's claims may not be consolidated under any circumstances, in any form of
any class or representative proceeding or otherwise.</p>
our Abuse page to report any violations of these Terms.</p>
<p> </p> Weebly Terms and Privacy
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