Terms Of Service – Last Updated May 26, 2015
Terms and Conditions Check Box
By checking off the ‘I Accept Terms and Condition’ box during the order process, you acknowledge you have read, understood, and are agreeing to all the terms and conditions associated with our service.
ThinkNRG, Inc. (“WebsiteNRG”) provides a websites (http://www.websitenrg.com) (the “Website”) and platforms for the creation of mobile applications, tablet applications, and mobile website services (“App” or “Apps”), App development services, and Web Development services, as well as hosting and other ancillary services (collectively the “Services”). By using the WebsiteNRG website or the Services, you are agreeing to be bound by the following terms and conditions (the “Terms of Service”). Any new features that modify the Website or the Services, including the release of new tools or resources, shall be subject to these Terms of Service.
WebsiteNRG reserves the right to change the Terms of Service at any time. Continued use of the Website or other Services after such change shall constitute your consent to such changes and your agreement to be bound by the Terms of Service as modified. You can view the current version of the Terms of Service at any time at: http://websitenrg.com/terms-of-service/. Violation of the Terms of Service will result in the termination of your Account with WebsiteNRG, and may result in damages to WebsiteNRG.
You may create an account with WebsiteNRG (“Account”) by signing up online and providing your full legal name, a valid email address, and other information requested by WebsiteNRG (“User Information”). The requirements for creating and maintain an Account are as follows:
Hours of Operation
Our Client Success Department is here to help, and we want your experience to be Fast, Friendly and Easy. You can reach us Monday through Friday by email at email@example.com. We will do everything in our power to respond to your needs as soon as possible, with after-hours messages received by our associates being responded to 24-48 hours following the next business day.
Your monthly subscription fee is automatically billed every 30 days to the credit card you have on file. The order date of your service is considered Day 1 within the billing cycle and requires your commitment to a minimum of twelve months.
You are solely responsible for any overdraft fees incurred within or associated with your account.
You may submit your request to cancel your service Monday through Friday by email at firstname.lastname@example.org. Because the Services are provided upfront without a setup fee, you are required to continue services for twelve months without the possibility of cancellation. You can request cancellation at any time prior to 30 days before the end of the first twelve months of service.
As a general rule, fees are not refundable or prorated.
Developer License Responsibility
For mobile apps, you are solely responsibility to apply for a Developers License under your/your business name in order to publish your app and agree to pay the yearly fee associated with the Apple and/or Google publishing platforms. Further, in order for us to publish your app when ready, you agree to reveal your Developer License credentials to us prior to submitting your app for publishing.
WebsiteNRG reserves the right to suspend or cancel your account from our platform due to non-payment. A $99 processing fee will be imposed to reinstate cancelled or suspended accounts upon WebsiteNRG approval.
Mobile App Services
WebsiteNRG provides the Services, which allow users to create mobile websites and/or Apps (collectively “Mobile Product(s)”). You agree not to reproduce, duplicate, copy, sell, resell, transmit, provided access to, or exploit any portion of the Website or the Services, use of the Website or the Services, or access to the Website or the Services without the express written permission of WebsiteNRG.
Payment for Services
A valid credit card is required to begin using the Services. All payments shall be made to by credit card, and will be automatically billed to the credit card provided by you. If, at any time, your bank or credit card company declines, rejects, or refuses to pay any payable fee, or if WebsiteNRG is unable to process a payment owed for any reason (e.g., overdraft, insufficient balance, account closure or credit card expiration) this will be considered a breach of your obligation hereunder, your Account will automatically be terminated, and you will be charged a $99 processing fee. Your use of the Services will not resume until you re-subscribe for any such Services and pay any outstanding amounts owed (including unpaid fees and the processing fee).
There will be no refunds or credits for Setup Fees or Monthly Fees (including without limitation partial months of service).
Changes to Services
WebsiteNRG reserves the right at any time to modify, supplement or discontinue the Services (or any part thereof) or the Website at any time for any reason or no reason, including without limitation the scope of the Services provided or the price of the Services, with or without notice. From time to time, WebsiteNRG may issue updates to the Website, Services or any Mobile Products, which may add, modify, and/or remove features or functionality. These updates may be made automatically with little or no notice. WebsiteNRG reserves the right to transfer all or any portion of the Services to another party, upon thirty (30) days written notice.
Third-Party Developer Accounts
If you contract for Services that include publication of your Mobile Product on a third party platform, including the Apple Appstore or Google Play, WebsiteNRG will use commercially reasonable efforts to have the application approved by the appropriate mobile platform provider. WebsiteNRG does not and cannot guarantee acceptance. In order to publish your App in the Apple Appstore , you must enter a separate agreement with those services to create developer accounts. If you seek to have WebsiteNRG publish your App on such platforms, you agree to enter such agreements and to create and maintain such accounts at your expense. For more information on creating such accounts, see:
You agree to provide WebsiteNRG with full access to the your developer accounts and to provide WebsiteNRG with your account information (e.g. email address and password), and authorize WebsiteNRG to publish and update any Mobile Product on such platform. WebsiteNRG is under no obligation to update such Mobile Products. WebsiteNRG’s publication of your App is expressly conditioned on your successful creation and maintenance of developer accounts and your providing access to WebsiteNRG.
Content and Content Ownership
For purposes of this section, the term “Content” means any discoveries, developments, concepts, designs, ideas, know how, improvements, inventions, trade secrets and/or original works of authorship, whether or not patentable, copyrightable, or otherwise legally protectable, of any kind or in any form. Without limiting the generality of the foregoing, Intellectual Property includes any program, source or object code, product, machine, algorithm, method, procedure, process, technique, use, equipment, device, apparatus, system, composition, design, configuration, script, text, typeface, story, concept, animation, drawing, graphic, image, photograph, sound effect, music, or audio or video recording, in any form whatsoever.
WebsiteNRG reserves all right, title and interest in any and all Content owned, licensed or developed by WebsiteNRG or its agents, affiliates, or assigns, including without limitation Content included in a Mobile Product. You are not granted any right, title or interest in such Content. Conditional on your compliance with this Terms of Service and any other agreements between you and WebsiteNRG (including without limitation any payment obligations), WebsiteNRG hereby grants you a non-exclusive, royalty-free, fully paid up, perpetual, worldwide license to use, copy, publish, publicly perform or exhibit, display, sell, otherwise distribute, or sublicense (on the same terms set forth in this Paragraph), any Mobile Products created by you or created for you by WebsiteNRG or any reproduction thereof. The license granted in this Paragraph shall terminate upon the termination of your Account, or upon your failure to comply with these Terms of Service or any other agreement between you and WebsiteNRG.
User Supplied Content
WebsiteNRG does not claim any right, title or interest in content submitted by you in connection with the Website, the Services or any Mobile Product (“User Supplied Content”). You hereby grant WebsiteNRG an irrevocable, non-exclusive, transferable, royalty-free, full paid up, perpetual, worldwide license to use, access, adapt, modify, translate, exhibit, publish, publicly perform or display, copy, create derivative works or compilations from, sublicense (on the same terms set forth in this Paragraph), transmit, broadcast or otherwise exploit any User Supplied Content, or any reproduction or simulation thereof, in any form now existing or hereafter discovered, in connection with the Services, the Website or any Mobile Product, or for promotional and/or marketing purposes. This License shall survive the termination of your Account.
WebsiteNRG does not pre-screen User Supplied Content and is not responsible for such Content, which remains the sole responsibility of the user. You agree not to submit any content that is abusive, threatening, illegal, pornographic, obscene, offensive, libellous or defamatory, that violates any intellectual property rights of any person or entity, or that violates these Terms of Service or any other agreement between you and WebsiteNRG or any third party. WebsiteNRG may remove any Content that it determines, in its sole discretion, to be unsuitable from the Website or any Mobile Product, and may terminate your Account as a result of your supplying such content. Although WebsiteNRG reserves the right to remove offensive, obscene or unsuitable content from the Website or Mobile Products, users may nevertheless be exposed to such material, and use the Website and Mobile Products at their own risk.
Look and Feel of Service
The look and feel of the Service is copyright 2015 ThinkNRG, Inc. (“WebsiteNRG”) All rights reserved. You may not copy, transmit, broadcast, perform or exhibit, or otherwise use any portion of the HTML/CSS, visual design, graphics, design elements, or text in any form without express written permission from WebsiteNRG.
You agree not to engage in any of the following activities in connection with the WebsiteNRG website or the Services (“User Misconduct”):
Your engaging in any User Misconduct will result in immediate termination of your Account with WebsiteNRG.
Cancellation and Termination
You are responsible for properly cancelling your Account. Account cancellation requests must be submitted in writing to support @ appnrg (dot) com. Cancellations by phone or sent to any other email address will not be considered valid. If you cancel the Service at least thirty days before the end of your current term, your cancellation will take effect immediately and you will not be charged again. All of your User Supplied Content may be deleted by WebsiteNRG upon cancellation. This Content cannot be recovered once your Account is cancelled.
WebsiteNRG, in its sole discretion, reserves the right to refuse service to anyone and to suspend or terminate any Account for any reason or no reason at any time. Such termination will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all User Supplied Content in your Account.
Links to Third-Party Web Sites
Links on the Website to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Website. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by WebsiteNRG of the third party, the third-party web site, or the information contained therein.
WebsiteNRG cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection by software viruses or other harmful computer code, files or programs.
If you register to become a WebsiteNRG member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.
Unsolicited Idea Submission Policy
WebsiteNRG or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should WebsiteNRG’s business activities bear coincidental similarities with one or more of the unsolicited ideas offered to us. Please do not send your unsolicited ideas to WebsiteNRG or anyone at WebsiteNRG. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of WebsiteNRG, without any compensation to you; (2) WebsiteNRG will have no obligation to return your idea to you or respond to you in any way; (3) WebsiteNRG will have no obligation to keep your idea confidential; and (4) WebsiteNRG may use your idea for any purpose whatsoever, including giving your idea to others.
However, WebsiteNRG does welcome feedback regarding many areas of WebsiteNRG’s existing businesses that will help satisfy customer’s needs, and feedback can be provided through the many listed contact areas on the Site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section above.
User Supplied Information
ThinkNRG, Inc. does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission” or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give ThinkNRG, Inc. the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
You agree to promptly take all actions and execute all documents reasonably necessary to implement these Terms and Conditions and to allow WebsiteNRG to carry out the Services specified herein or in any other agreements between you and WebsiteNRG, as may be requested from time to time by WebsiteNRG.
Disclaimers; Limitations on Liability
Your use of the WEBSITE or acceptance of the services is at your own risk. The website and the services are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied. YOU Assume the entire risk of defects in the website, the services, or any mobile product, and the entire cost of repair or replacement of any Services or mobile product. WebsiteNRG SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES of non-infringement, merchantability and fitness for a particular purpose of the website, the services or any mobile product. In no event shall WebsiteNRG be liable for any damage whatsoever to you or to any third party arising out of the SERVICES, the WEBSITE, or any mobile product, including without limitation damages arising from the use or inability to use the services, website or any MOBILE PRODUCT, or CHANGES TO SERVICES, the website or any mobile product. Without limiting the generality of the foregoing, WebsiteNRG will not be liable for incidental or consequential damages of any kind, even if WebsiteNRG has been informed of the possibility thereof.
IN THE EVENT THAT WebsiteNRG IS, NEVERTHELESS, FOUND LIABLE TO you OR any third party for any claim related to this AGREEMENT, the services, the website, or any mobile product, AppNRG’s total liability SHALL BE LIMITED TO the price of the services paid by you IN THE twelve (12) months before such claim arose, OR, in the case of free services, $100. This Limitation of liability shall not limit liability for intentional, willful or GROSSLY NEGLIGENT conduct.
You agree to defend, indemnify, and hold WebsiteNRG, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Website, the Services or any Mobile Product; (ii) your violation of these Terms of Service; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right by you or your Mobile Products. You agree to advance any expenses and/or costs associated with any such claim as incurred.
You and WebsiteNRG agree that any dispute arising out of or relating to these Terms of Service or to the relationship between you and WebsiteNRG (“Disputes”) will be settled by binding arbitration before the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Disputes of the AAA (“AAA Rules”) in effect at the time the Dispute arises; provided, however, that (i) you and WebsiteNRG retain the right to bring an action in small claims court in Los Angeles, California; and (ii) that neither you nor WebsiteNRG waives the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or other violation of a party’s intellectual property rights.
A party who seeks to initiate arbitration or other proceeding must provide notice to the other party at least five (5) business days before commencing such arbitration or proceeding, and attempt in good faith to resolve the Dispute without resort to such proceedings. If such negotiations do not resolve the Dispute, such party must provide the other party with a written Demand for Arbitration as provided in the AAA Rules. Any arbitration will be before either a retired judge or an attorney licensed to practice law in the state of California, who will be selected by the parties from the American Arbitration Association’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within five (5) business days of delivery of a Demand for Arbitration than the American Arbitration Association will appoint an arbitrator in accordance with the AAA Rules.
Any arbitration shall proceed in Los Angeles, California. If your claim does not exceed $10,000 the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, unless the arbitrator determines that a hearing is necessary. Any other claim will be determined in accordance with the AAA Rules. The arbitrator’s decision will be binding, and judgment thereon may be entered in any court having jurisdiction thereof. The arbitrator’s award for damages must be consistent with the Limitations on Liability set forth in these Terms of Service. Each party shall bear its own expenses in connection with any Dispute, including attorney’s fees, and shall bear one-half (1/2) of the arbitrator’s fees and costs; provided, however, that if the arbitrator determines that any party’s claim is frivolous, such party shall bear the entirety of the other party’s costs in connection with such Dispute (including without limitation expenses, attorney’s fees, and arbitrator’s fees and costs).
You expressly acknowledge and agree that you hereby waive your rights to pursue a class or representative proceeding or to participate in such a proceeding as a plaintiff, class member, or representative in any Dispute (whether in arbitration or otherwise). You further expressly acknowledge and agree that you hereby waive your right to a trial by jury in any Dispute.
Notwithstanding WebsiteNRG’s right to modify these Terms of Service without notice, if WebsiteNRG changes this Section after the date you first accepted these Terms of Service (or any subsequent modifications), AppNRG shall notify you of any changes to this Section. You may reject any such change by terminating your Account with WebsiteNRG within thirty (30) days of delivery of such notice.
This section shall survive the termination of your Account.
You understand and acknowledge that WebsiteNRG uses third party vendors and hosting partners to provide the necessary hardware, software, services, networking, storage, and related technology required to offer the Service.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
These Terms of Service or any other agreement between you and WebsiteNRG may not be modified by you, except in a writing signed by WebsiteNRG. The failure of WebsiteNRG to exercise or enforce any right under the Terms of Service or any other agreement between you and WebsiteNRG, or any delay in enforcing such right, shall not constitute a waiver of such right or provision. Any waiver of any right of WebsiteNRG must be in the form of a writing signed by WebsiteNRG.
These Terms of Service constitute the entire agreement between you and WebsiteNRG and govern your use of the Service, superseding any prior agreements, negotiations, representations or promises between you and WebsiteNRG (including, but not limited to, any prior versions of the Terms of Service); provided,however, that such Terms of Service may be supplemented by an express written agreement between you and WebsiteNRG signed by both parties.
The construction, performance, and enforcement of any Terms of Service and any other agreement between you and WebsiteNRG, and any relationship created hereby or thereby, shall be governed by the laws of the State of California, without respect to principles of conflicts of laws. Any lawsuits or other proceedings arising under your relationship with WebsiteNRG, created through these Terms of Service or otherwise (including without limitation proceedings to enter a judgment following arbitration), shall be brought in the state or federal courts located in Los Angeles, California; you submit to personal jurisdiction in such courts and agree that such courts are a convenient forum for a resolution of any disputes between you and WebsiteNRG.
These Terms of Service and any other agreements between you and WebsiteNRG are not intended to confer, and do not confer, any rights upon any third parties. You may not assign your rights under these Terms of Service or any such agreements to any third party under any circumstances, without the express written consent of WebsiteNRG.
If any provision of these Terms of Service or any other agreements between you and AppNRG is deemed invalid or unenforceable, such provision shall be stricken, and remainder of the provisions in these Terms of Service or such other Agreement shall remain in full force and effect.
Claims of Copyright Infringement. It is WebsiteNRG’s policy to take immediate action to address allegations of copyright infringement reported to us in accordance with applicable law, including but not limited to the United States Digital Millennium Copyright Act (Details can be found at http://copyright.gov ).To report an infringement, you must submit a written notice containing the following:
Send the written notice to: support @ websitenrg (dot) com.
Questions about the Terms of Service should be sent to support @ websitenrg. com.
Technical support is only available via email. The technical support email address is support @ websitenrg (dot) com.