Conditions of use
We will provide their services to you, which are subject to the conditions stated below in this document. Every time you visit this website, use its services or make a purchase, you accept the following conditions. This is why we urge you to read them carefully.
Terms of Service
The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
By visiting this website, you agree that the laws of the state of Connecticut, USA, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Springhill Design and you, or it’s business partners and associates.
Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by state or federal court [your location] and you consent to exclusive jurisdiction and venue of such courts.
If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.
We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.
Payment and Renewal
By selecting a product or service, you agree to pay Springhill Design the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Springhill Design to respond within 7 business days) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free plugins.springhilldesign.net services. All support will be provided in accordance with Springhill Design standard services practices, procedures and policies.
Copyright Infringement and DMCA Policy
As Springhill Design asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by plugins.springhilldesign.net violates your copyright, you are encouraged to notify Plugins for Pinegrow in accordance with Springhill Designs’ Digital Millennium Copyright Act (“DMCA”) Policy. Springhill Designs will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Springhill Designs will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Springhill Designs or others. In the case of such termination, Plugins for Pinegrow will have no obligation to provide a refund of any amounts previously paid to Springhill Designs.
This Agreement does not transfer from Springhill Designs to you any Springhill Designs or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Springhill Designs. Springhill Designs, plugins.springhilldesign.net, , and all other trademarks, service marks, graphics and logos used in connection with plugins.springhilldesign.net, or the Website are trademarks or registered trademarks of Springhill Designs or Springhill Designs’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Springhill Designs or third-party trademarks.
Springhill Designs reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Springhill Designs may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Disclaimer of Warranties
The Website is provided “as is”. Springhill Designs and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Springhill Designs nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Springhill Designs, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Springhill Designs under this agreement during the twelve (12) month period prior to the cause of action. Springhill Designs shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Springhill Designs, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of Springhill Designs to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Springhill Designs and govern your use of the Service, superceding any prior agreements between you and Springhill Designs (including, but not limited to, any prior versions of the Terms of Service).
Location: CT, USA