Terms & Conditions.

Unless explicitly stated otherwise, any features or services available at any time on the Site are subject to these Terms. Accessing the Site in any manner, even through automated means, constitutes your use of the Site and your agreement to be bound by these Terms. WP Haven may change the terms of these Terms from time to time and will revise the effective date when it does so. Your continued use of the Site after the posted effective date constitutes your agreement to be bound by these Terms as modified, except that modifications do not apply to any dispute arising prior to their effective date. WP Haven may change, restrict access to, suspend, or discontinue the Site, or any portion thereof.

The material that appears on the Site is for general informational purposes only. The Site includes materials and information collected from and provided by third parties that we may not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on the Site, and you should not rely on it without independent verification.

We may modify these Terms from time to time in our sole discretion without notice to you. Any new features or tools which are added to the current Site shall also be subject to these Terms. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.

WP Haven is a Software as a Service (SaaS) that provides website hosting and maintenance services for WordPress websites. This includes different forms of updates, website edits, installation or removal of plugins, monitoring, backup, security, and performance functionality that you agree to allow us to perform on your website.

WP Haven can host your website on one of our cloud based hosting providers like Digital Ocean. We will update all of your licensed plugins and WordPress core each week barring any unforeseen issues. We will keep regular backups of your files and database on our own remote server with disk redundancy. We will monitor the uptime of your website and our team will be alerted if it is to go down. We will make small quick edits to your website, or larger edits for an extra agreed upon hourly fee. With our Protect plans, we can optimize the server's security, firewall, and provide a licensed malware scanner. With our premium plan, we can guarantee 1 hour support ticket response times, speed and image optimizations, caching configurations, asset minification, a CDN service, and core web vitals monitoring.

The materials on the Site are the property of WP Haven or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in these Terms, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on the Site. You may not store any significant portion of, nor distribute copies of, materials found on the Site, in any form (including electronic form), without prior written permission from the owner of such materials. Requests for permission to reproduce or distribute materials found on the Site should be sent to us via our contact information below.

You are free to establish a hypertext link to the Site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your website by WP Haven or any of our affiliates. However, without our prior written permission, you may not frame any of the content of the Site, nor incorporate into another website or service any intellectual property of WP Haven or its licensors. Requests for permission to frame our content or use our content in any way that is not expressly described in these Terms should be sent to us via our contact information below.

“emBold Creative, LLC” and the WP Haven logos are all trademarks owned by us or our licensors. The names of other products and services referred to on the Site may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on the Site without the prior written consent of the owner of the mark.

You acknowledge that by transmitting or posting any material on or through the Site, you grant us, or anyone authorized by us, an unrestricted, non-exclusive, worldwide, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable, license to use, reproduce, modify, adapt, translate, perform, publish, display, broadcast, reproduce, create derivative works from, transmit, sell or otherwise use, exploit or distribute, at no cost whatsoever, all such Content and material (including, without limitation, all intellectual property rights embodied therein), in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose. The foregoing license includes the right to exploit any proprietary rights in such material, including, but not limited to, rights under copyright, trademark, or patent laws that exist in any applicable jurisdiction. Also, in connection with the exercise of these rights, you grant us and anyone authorized by us, the right to identify you as the author of such material by name, email address or user name, and to use your image and likeness if provided, in connection with such material. You will not receive any compensation of any kind for the use of any material you transmit or post via the Site. Among other uses of user materials, the Site uses listings data to derive useful information (such as parts valuation information) for display, sale and distribution.

Subscription Terms: All WP Haven subscriptions are offered on a yearly or monthly basis. Monthly subscriptions will be billed on a recurring basis each month. Yearly subscriptions will be billed annually.

Payment Methods: We accept payment via credit card, debit card, or electronic bank transfer. You are responsible for providing valid and up-to-date payment information.

Non-Payment and Cancellation: If your payment is more than 30 days overdue, we reserve the right to suspend or cancel your WP Haven service. You will be responsible for any fees or costs incurred by us to collect the overdue payment.

Refunds: We do not offer refunds for any partial periods of service. However, after your first 12 months of continuous service, you may request a prorated refund for the remaining months if you choose to cancel your subscription.

Plan Changes: You may upgrade or downgrade your WP Haven plan at any time. Any price difference will be prorated and charged or credited to your next billing cycle.

Taxes: All fees are exclusive of any applicable sales, use, or other taxes, which are your responsibility to pay.

The WP Haven service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the WP Haven service will be uninterrupted, error-free, or completely secure. We shall not be liable for any delays, interruptions, service failures, or damage resulting from such issues.

Under no circumstances shall WP Haven, its affiliates, or its service providers be liable for any indirect, special, incidental, consequential, or punitive damages arising out of or related to your use of the WP Haven service. This includes, but is not limited to, data loss, lost profits, business interruption, or loss of programs or other data.

The total liability of WP Haven, its affiliates, and service providers for any claims related to the WP Haven service shall not exceed the total amount paid by you for the service in the 12 months preceding the claim.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such cases, some of the above limitations may not apply to you.

We reserve the right to stop operation of or modify this Site, and any service or product we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Site or the entire Site.

You are responsible for both:

Making all arrangements necessary for you to have access to the Site. Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

You may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information and use of the Site consistent with our Privacy Policy.

If you are provided with a username, password, or any other piece of information as part of our security procedures (your “Credentials”), you must treat your Credentials as confidential, and you must not disclose your Credentials to any other person or entity. You also acknowledge that your Credentials are personal to you and agree not to provide any other person with access to this Site or portions of it using your Credentials. You agree to notify us immediately of any unauthorized access to or use of your Credentials or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. All terminations and restrictions of use of or access to the Site will be made in our sole discretion and you agree that we will not be liable for any termination or restriction of your use of or access to the Site or any part of the Site. You are responsible for maintaining the security of your WP Haven account and any WordPress sites hosted with us. This includes using strong and unique passwords, implementing two-factor authentication, and promptly reporting any suspected security breaches or unauthorized access. Indemnification: You agree to indemnify and hold WP Haven, its affiliates, and service providers harmless from any claims, damages, or expenses (including reasonable attorney's fees) arising from your use of the service or your violation of these terms and conditions.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. Subject to the foregoing, you must not: (i) establish a link from any website that is not owned by you; (ii) cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; and (iii) otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Site Terms shall be governed by the laws of the United States and by the laws of Ohio, without regard to its conflicts of law principles, as if the Site Terms were a contract wholly entered into and wholly performed within Ohio. You agree that all claims you may have against WP Haven arising from or relating to the Site will be heard and resolved in a court of competent subject matter jurisdiction located in Summit County, Ohio. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than the United States, you will be responsible for compliance with all local laws of such other jurisdiction. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

IF YOU RELY ON THE SITE OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THE SITE. THE SITE ARE PROVIDED TO YOU “AS IS.” WP Haven AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SITE (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THE SITE). NOR DO WE OR THEY GUARANTEE THAT THE SITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WP Haven AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE SITE BY YOU OR ANY THIRD PARTY.

UNDER NO CIRCUMSTANCES WILL WP Haven OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE SITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF WP Haven AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THE SITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE SITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER’S RIGHTS ARISING FROM OR IN CONNECTION WITH THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.

YOU AGREE TO INDEMNIFY WP Haven AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY BREACH OF THESE TERMS.

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via the Site, please notify us by sending an email to info@wphaven.app, or mailing to Joren Rapini, Founder, 526 S. Main St., Suite 701D, Akron OH 44311. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the Site the allegedly infringing material appears that will allow us to locate the material; (4) your contact information, including your address, telephone number, and, if available, email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.

These Terms has been made in, and will be construed in accordance with, the laws of the State of Ohio, without regard to its choice of laws rules.