Terms & Conditions
Last updated: 3/20/2024
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between WebExult.com, a web and IT services entity organized under the laws of the state of Washington (“WebExult”) and the client, whether personally or on behalf of an entity (“Client”), regarding access to and use of WebExult's website and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected thereto. Failure to agree to and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter, the relationship between Client and WebExult shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay WebExult for services rendered shall remain and continue to be an ongoing obligation owed by Client to WebExult.
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of WebExult, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and regardless of format (collectively or individually, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by WebExult and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions, and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without WebExult’s express prior written permission. WebExult reserves all rights in the Website, Content, and Marks.
2. Ownership of Materials
Notwithstanding WebExult’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause WebExult to become the owner of a Project, in whole or in part, rather than Client, WebExult irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to WebExult as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. WebExult always reserves the right to share the Client's design work publicly (social media, website, etc.) unless agreed upon as stated in this document.
3. Third-Party Fonts
If any Project incorporates fonts not owned by WebExult and requires a commercial license for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), WebExult will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) to legally use the Project. WebExult will provide sufficient information for Client to identify and purchase the required licenses.
4. User Representations
By using the Website, the Client represents and warrants that they have the legal capacity and agree to comply with these Terms of Use; they are not a minor in their jurisdiction; they will not access the Website through automated or non-human means; they will not use the Website for any illegal or unauthorized purpose; and their use of the Website will not violate any applicable law or regulation.
5. Prohibited Activities
The Client is prohibited from using the Website for any purpose other than that for which it is made available. The Client agrees not to engage in unauthorized use, compilation of content for databases, circumvention of security features, unauthorized framing or linking, tricking or misleading WebExult or other users, interference with the Website's operations, use of the Website to compete with WebExult, reverse engineering of the Website, bypassing access measures, harassment or threats towards WebExult staff, copyright notice removal, adaptation of the Website's software, uploading harmful materials, and disparaging WebExult.
6. Client Feedback
Client acknowledges that any feedback or submissions become the sole property of WebExult, which will own exclusive rights, including all intellectual property rights, and will have the right to use the feedback without restriction. The Client waives any rights to the feedback and agrees that WebExult may use the feedback for any purpose.
7. Management and Oversight
WebExult reserves the right to monitor the Website for violations and take appropriate legal action, restrict access, and manage the Website in its sole discretion, without liability to the Client.
8. Privacy Policy
The Client agrees to WebExult's Privacy Policy by using the Website. The policy covers data transfer and processing in the United States and applies to users worldwide.
9. Returns and Refunds
Refunds are at WebExult's discretion, and materials produced during the first month of use remain the company's property if a refund is requested.
10. Modification
WebExult reserves the right to modify the Website's content or Terms of Use at any time without notice.
11. Connection Interruptions
WebExult is not liable for any Website downtime and is not responsible for any loss due to inaccessible services.
12. Governing Law
These Terms are governed by the laws of the State of Washington, excluding conflict of laws principles.
13. Litigation
Legal actions shall be brought in Washington state courts, and the parties consent to jurisdiction and waive any objections to venue and jurisdiction.
14. Disclaimer
WebExult provides the Website on an "as-is" basis without warranties, and is not liable for any damages arising from use of the Website.
15. Limitations of Liability and Indemnification
The Client indemnifies WebExult against all liabilities arising from the use of the Website and agrees to defend and hold harmless WebExult from any claims.
16. User Data
The Client is responsible for their data and waives any claims against WebExult for data loss or corruption.
17. Electronic Communications
The Client consents to electronic communications and agrees that all digital interactions satisfy legal requirements.
18. Showcasing Design Work
WebExult reserves the right to showcase design work unless otherwise agreed upon.
19. Referrals
Referral details are managed through Rewardful.com.
20. Miscellaneous
These Terms constitute the entire agreement between the Client and WebExult.
Contact Information
For inquiries or complaints, please contact WebExult at: [email protected].