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PhysDESIGN Terms of Service – Professional & Boutique Service Plans Following the initial 1-month subscription term, this agreement automatically renews on a month-to-month basis unless terminated by either party with 30-days notice.
Each Professional Plan comes with a Premium Website Design from physdesign.com for a one-time fee. Each Premium Website Design may only be used for one website or hosting package. Although PhysDESIGN.com will custom design your website, your website may contain some features and design elements used in other Websites designed by PhysDESIGN.com. In addition, while we will individualize each design, based on your preferred colors and practice area(s), the designs will follow similar formats found at http://physicianwebsitedesign.com/work. In addition, upon cancellation or termination of your website plan, you will no longer have access to the Premium Website Design(s) purchased for such plan.
PhysDESIGN does not claim ownership of your Content, but you give us your permission to host your Content on our platform. This permission exists only for as long as you continue to use our Services. As between PhysDESIGN and you, you shall own all intellectual property pertaining to your User Content, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by you. You hereby grant PhysDESIGN a non-exclusive, transferable and sublicensable right and license to use your User Content (in whole or in part) worldwide in order to provide you with the PhysDESIGN Services.
The Service, all confidential and proprietary software used in connection with the Service, Materials, content provided to you through the Service, and all other materials and services provided by or through PhysDESIGN are owned by us or other parties that have licensed their materials, content, or provided services to us, and are protected by copyright, trademark, trade secret, and other intellectual property laws.
“Materials” means any necessary software, all informational text, software documentation, design of and “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.
PhysDESIGN gives you permission to use the Materials to the extent, and only to the extent, necessary to access and use the Service in accordance with these Terms. This 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 or without our prior consent or the prior written consent of our licensors or advertisers, as applicable, is expressly prohibited. We reserve all rights not expressly granted in these Terms.
All trademarks, service marks, logos, slogans, and taglines (individually and collectively, “Mark” or “Marks”) created by PhysDESIGN are the property of PhysDESIGN or their respective owners. Except as otherwise specifically provided herein, no license or right to use any Mark is granted without the express written permission of PhysDESIGN or the respective third-party Mark owner.
Upon termination of the Services, should Customer desire to obtain ownership rights to the Website, Customer must obtain express written permission from PhysDESIGN.com and Customer shall further remit a fee to PhysDESIGN.com for the assignment of these rights to the Website. Provided Customer is not in default of the Agreement and Customer is also current with respect to payments owed to PhysDESIGN.com, the fee to be remitted for this assignment will be Two Thousand Dollars ($2,000.00). This assignment to Customer of ownership rights to the Website shall be limited to the actual portions of the Website visible on the Internet and its underlying HTML coding as developed specifically for Customer by PhysDESIGN.com, and shall be sent to Customer via a DropBox account within thirty (30) days of remitting payment, but this assignment shall not include any rights to PhysDESIGN.com’s software, trade secrets, methodologies, processes, proprietary functions, know-how, and all intellectual property including, but not limited to, all copyrights, trademarks, patents, and trade secrets related to PhysDESIGN.com’s products or services, which shall remain the sole and exclusive property of PhysDESIGN.com and its respective suppliers, affiliates, partners, and/or licensors. For all images that are part of the Website and assigned to Customer hereunder, Customer is granted permission to only use those images in the manner in which it is provided to Customer by PhysDESIGN.com (i.e. embedded in the Website) and no other use of the images is permitted whatsoever. Moreover, upon assignment PhysDESIGN.com does not warrant the portability or functionality of the Website in any way to or on any platform, hosting or otherwise, that is not provided by PhysDESIGN.com. Following the termination of the Services, provided such termination occurs after the initial thirty (30) days following the launch of the Website (i.e. 30 days after the Website goes live), and provided Customer is not otherwise in breach of the Agreement, Customer will retain their rights to the Domain Name. If Customer cancels their Services within the first thirty (30) days following the launch of the Website, Customer acknowledges and agrees that PhysDESIGN.com and/or an entity designated by PhysDESIGN.com will retain rights to the Domain Name, unless Customer had provided the Domain Name themselves for use with the Services. Furthermore, in any instance where Customer retains rights to the Domain Name following termination of the Services, Customer will be responsible for all fees, costs and claims related thereto, whereby the registration of Domain Name, and any ancillary Domain Name related services (such a private registration) must be renewed prior to expiration at the then-current rates to prevent such services from expiring.
Your use of any content, images or pictures that are made available by PhysDESIGN.com as a part of the Website Design Services, or any other PhysDESIGN.com service is governed by the terms of this agreement. You agree that certain content, images or pictures that you use as a part of the Website Design Services, Web Hosting Service, or Subscription Service services are governed by the Fotolia LLC Standard License Content Download Agreement (“Content Download Agreement”) which is located at http://www.fotolia.com/Info/Agreements. You are obligated to abide by the terms of this agreement and the applicable www.fotolia.com license agreement in your use of any content, images or pictures that are provided by PhysDESIGN.com to you. You agree that you will not modify, alter, change, reproduce, reengineer, recreate, deface, sell, distribute, lease, license, sublicense or rent any content, image or picture that is made available to you by PhysDESIGN.com or that is part of the Website Design Services, Web Hosting Service, or Subscription Services. You expressly agree that you will not use any content, images or pictures in any way that may infringe in any way the rights of PhysDESIGN.com or any third parties. PhysDESIGN.com and its partners retain all rights, title and ownership to the intellectual property, software, tools, content, images and pictures that are made available to you. You agree that your use of the content, images or pictures made available by PhysDESIGN.com do not give you any rights in such content, images or pictures. PhysDESIGN.com shall also have the right to display your Website on its online properties as an example of the design work PhysDESIGN.com is able to provide for its customers.
Payments are billed automatically to your credit card on a monthly recurring basis. It is your responsibility to keep credit card and other account information up to date on your account administration page.
Payments that are not able to be processed must be made within 10 days or the account will be temporarily suspended. We will attempt to recharge your card automatically. Once payment is made successfully the suspension will be removed.
Refunds are not available for Custom Website Services once you have approved your design composition and/or selected your design template. In any event, after one (1) year from the date of purchase, no refunds will be provided.
You may cancel a subscription plan with us at any time provided that all payments are up-to-date. Should you decide to cancel this, you acknowledge that no refunds will be given on amounts you’ve already paid. You also authorize us to charge your credit card or other payment method for any payments that remain outstanding.
We reserve the right to cancel this agreement at any time, for any reason, at any time. Should we decide to cancel service, we’ll send you a cancellation notice either electronically or in writing. We’ll send this notice to the physical or email address we have on record.
Upon cancellation, access to the website will immediately cease and will be removed from our system within 30 days of cancellation.
PhysDESIGN.com will suspend your account if you request a chargeback on your payment method for charges to your payment method
Your exclusive remedy and our entire liability under this contract, if any, for any claim(s) for damages will be limited to the amount of our charges paid by you during the twelve (12) month period preceding the event giving rise to such claim.
In no event will PhysDESIGN be liable to the customer for any claims relating in any way to lost profits or other consequential, incidental, indirect or special damages relating in whole or part to this contract or the use or inability to use our materials and services.
UNLESS OTHERWISE EXPRESSED, PHYSDESIGN, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.