This End User License Agreement is a binding legal agreement between you and WenderHost DBA michaelwender.com. The terms below describe both web hosting and theme purchases. Some of these sections may or may not apply if you only purchase hosting or only purchase a theme. Purchase, installation or use of any WordPress theme provided on WenderHost signifies that you have read, understood, and agreed to be bound by the terms outlined below. Likewise, use of any WenderHost hosting packages also signifies that you have read, understood, and agreed to be bound by the terms outlined below.
1. Theme Licensing & Use:
All WenderHost WordPress themes are licensed under the GNU General Public License. You have the right to use purchased WenderHost themes on as many concurrent sites as you like. You are authorized to make any necessary modification(s) to WenderHost themes to suit your needs.
2. Theme Updates:
All themes are consistently tested and updated to be compatible with the latest stable version of WordPress. However, I can give no guarantee that current versions of WenderHost themes will be compatible with previous versions of WordPress, or that previous versions of themes will be compatible with the current version of WordPress.
3. Theme Delivery:
As soon as your payment has fully cleared, you will receive an email containing a username and password. Use this account information to log into the WenderHost Support Forums where you will find the latest theme downloads. If you do not receive your account information within an hour of your purchase please feel free to contact me by clicking “Contact” at the top of WenderHost.
4. Use of Content
You acknowledge that the site contains or may contain material (collectively the “Content”) which is protected by copyright, trademark or other proprietary rights; therefore, you are only permitted to use the material as expressly authorized by WenderHost (michaelwender.com). You may not transfer or sell, reproduce, distribute, or in any way exploit any of the content, in whole or in part, except with an expressly permitted agreement from michaelwender.com.
5a. Refund Policy – Themes:
Since WenderHost is offering non-tangible digital goods, I do not offer refunds for any theme purchase unless a specific agreement was made prior to purchase. If you have any questions regarding this policy, feel free to contact me by clicking “Contact” on WenderHost.
5b. Refund Policy – Hosting:
You are free to cancel your hosting with WenderHost at any time. In the event of a cancellation of hosting, WenderHost will provide you with a pro-rated refund from the date of your order.
6a. Warranty – Themes:
WenderHost WordPress themes are provided “as is” without warranty of any kind, either expressed or implied. In no event shall WenderHost (michaelwender.com) be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use of said products. Some states or jurisdictions do not allow the exclusion of certain warranties. Nothing in this section should be construed as excluding or limiting any warranty beyond what is permissible under applicable law.
6b. Warranty – Hosting:
WenderHost will take all reasonable measures and precautions to ensure maximum uptime and availability of your website and email service. However due to a variety of factors some out of WenderHost’s control, Host does not provide any warranties or guarantees of performance. Customer hereby indemnifies WenderHost against any losses either real or imagined that may arise from use of this service.
7a. Support – Themes:
WenderHost WordPress themes are provided “as is” with no implied meaning that they will function exactly as you wish or with all 3rd party plugins, components and modules. Further, I offer no support via email or otherwise for installation, customization, administration, etc. You acknowledge by your use of the themes that it is at your sole risk, and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with the themes.
7b. Support – Hosting:
WenderHost Hosting accounts are supported by WenderHost technicians. This includes maintenance and upgrades of the WordPress Content Management System software used to run your site, consulting regarding selection of WordPress plugins to add features and functionality to your site, and any other IT assistance necessary to keep your site up and running.
8. Browser Compatibility:
WenderHost themes are tested and optimized for the most common web browsers. Either way, browser compatibility should be tested against the demonstration themes on WenderHost. Please ensure that the browsers you use will work with the themes as we can not guarantee that WenderHost themes will work with all browser combinations.
9. Miscellaneous Terms:
You agree to indemnify and hold WenderHost (michaelwender.com) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the themes or this website.
WenderHost (michaelwender.com) reserves the right to change the Terms of Service from time to time. Further, WenderHost (michaelwender.com) reserves the right to modify or discontinue any portion of the membership. WenderHost (michaelwender.com) shall not be liable to you or any third party should WenderHost (michaelwender.com) exercise its right to modify, suspend, limit or discontinue any feature its products or services.
Use of the themes and this website shall be governed by and construed in accordance with the internal laws of the State of Tennessee. You agree to submit to the non-exclusive jurisdiction of any United States Federal or Tennessee State Court sitting in Knox County, Tennessee in any action or proceeding arising out of or relating to the use of this website or themes.
If any provision of the Terms of Service are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
