Table of Contents
Terms of Service
Last updated on: April 12, 2022
Welcome to Veteran Web Design! By becoming a Veteran Web Design customer (as defined in Section 1) or by using any Veteran Web Design Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).
As used in these Terms of Service, “we”, “us”, “our” and “Veteran Web Design” means the applicable Veteran Web Design Contracting Party (as defined in Section 13 below), and “you” means the Veteran Web Design User (if registering for or using a Veteran Web Design Service as an individual), or the business employing the Veteran Web DesignUser (if registering for or using a Veteran Web Design Service as a business) and any of its affiliates.
The services offered by Veteran Web Design under these Terms of Service include various products and services that help you to sell goods and services to customers, whether online (“Online Services”), in person (“POS Services”), or both. Any such service or services offered by Veteran Web Design are referred to in these Terms of Services as the “Service(s)”. Any new features or tools which are added to the current Services will also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://veteranwebdesign.com/terms-of-service.
Everyday language summaries are provided for convenience only and appear in bold near each section, but these summaries are not legally binding. Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using Veteran Web Design or any Veteran Web Design services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Account Terms
- To access and use the Services, you must register for a Veteran Web Design account (“Account”). To complete your Account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. Shopify may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
- You must be older than: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
- You confirm that you are receiving any Services provided by Veteran Web Design for the purposes of carrying on business activity and not for any personal, household, or family purpose.
- You acknowledge that Veteran Web Design will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to Veteran Web Design and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with Veteran Web Design can only be authenticated if they come from your Primary Email Address.
- You are responsible for keeping your password secure. Veteran Web Design cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- Technical support in respect of the Services is only provided to Veteran Web Design Users. Questions about the Terms of Service should be sent to Veteran Web Design Support.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission of Veteran Web Design.
- You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
- You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
- You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. “Materials” means Your Trademarks, copyright content, any products or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to Veteran Web Design or its affiliates.
2. Shopify Rights
- The Services have a range of features and functionalities. Not all Services or features will be available to all Merchants at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice, and at any time.
- Veteran Web Design does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services, or the Materials uploaded or posted to the Services, violate our AUP or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Veteran Web Design employee, member, or officer will result in immediate Account termination.
- We reserve the right to provide our Services to your competitors and make no promise of exclusivity. You further acknowledge and agree that Veteran Web Design employees and contractors may also be Veteran Web Design customers or merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include but is not limited to, a scanned copy of your business license, government-issued photo ID, the last four digits of the credit card on file, or confirmation of your status as an employee of an entity.
- Veteran Web Design reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful owner, without prejudice to our other rights and remedies, Veteran Web Design reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.
3. Your Responsibilities
- You are solely responsible for the goods or services that you may sell through the Services (including description, price, fees, a tax that you calculate, defects, required legal disclosures, regulatory compliance, offers, or promotional content), including compliance with any applicable laws or regulations.
- You may not use the Veteran Web Design Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the United States and the State of Virginia. You will comply with all applicable laws, rules, and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate your business or that may be held by you) in your use of the Service and your performance of obligations under the Terms of Service.
- “Confidential Information” will include, but will not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Veteran Web Design’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
- Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 4. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure, or use of any such Confidential Information, other than (i) by or to its employees, agents, and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without the use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
5. Limitation of Liability and Indemnification
- You expressly understand and agree that, to the extent permitted by applicable laws, Veteran Web Design and its suppliers will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Service (however arising, including negligence).
- You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Veteran Web Design partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents it incorporates by reference (including the AUP); (b) or your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and your Customer, including but not limited to refunds, fraudulent transactions, alleged or actual violation of applicable laws (including but not limited to Federal and State consumer protection laws), or your breach of the Terms of Service.
- You will be responsible for any breach of the Terms of Service by your affiliates, agents, or subcontractors and will be liable as if it were your own breach.
- Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express implied, or statutory.
- Veteran Web Design does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
- Veteran Web Design does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
- Veteran Web Design is not responsible for any of your tax obligations or liabilities related to the use of Veteran Web Design’s Services.
- Veteran Web Design does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
6. Intellectual Property and Your Materials
6.1 Your Materials
- We do not claim ownership of the materials you provide to Veteran Web Design; however, we do require a license for those Materials. You grant Veteran Web Design a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of any Materials provided by you in connection with the Services. We may use our rights under this license to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. You represent, warrant, and agree that you have all necessary rights in the Materials to grant this license. You irrevocably waive any and all moral rights you may have in the Materials in favor of Veteran Web Design and agree that this waiver may be invoked by anyone who obtains rights in the materials through Veteran Web Design, including anyone to whom Veteran Web Design may transfer or grant (including by way of license or sublicense) any rights in the Materials.
- If you owned the Materials before providing them to Veteran Web Design then, despite uploading them to Veteran Web Design they remain yours, subject to any rights or licenses granted in the Terms of Service or elsewhere.
- You agree that Veteran Web Design can, at any time, review and delete any or all of the Materials submitted to the Services, although Veteran Web Design is not obligated to do so.
- You grant Veteran Web Design a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks, and logos associated with your business (“Your Trademarks”) to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. This license will survive any termination of the Terms of Service solely to the extent that Veteran Web Design requires the license to exercise any rights or perform any obligations that arose during the Term.
6.2 Veteran Web Design Intellectual Property
- You agree that you may not use any trademarks, logos, or service marks of Veteran Web Design, whether registered or unregistered, including but not limited to the word mark Veteran Web Design , the word mark unless you are authorized to do so by Veteran Web Design in writing. You agree not to use or adopt any marks that may be considered confusing with the Veteran Web Design Trademarks. You agree that any variations or misspellings of the Veteran Web Design Trademarks would be considered confusing with the Veteran Web Design Trademarks.
- You agree not to purchase, register, or use the search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use or include Veteran Web Design or Veteran Web Design Trademarks or that use or include any terms that may be confusing with the Veteran Web Design Trademarks.
- You acknowledge and agree that the Terms of Service do not give you any right to implement Veteran Web Design patents.
7. Feedback and Reviews
Veteran Web Design welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances will any disclosure of any idea, suggestion, or related material or any review of the Services, Third Party Services, or any Third Party Provider (collectively, “Feedback”) to Veteran Web Design be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Veteran Web Design (whether submitted directly to Veteran Web Design or posted on any Veteran Web Design hosted forum or page), you waive any and all rights in the Feedback and that Veteran Web Design is free to implement and use the Feedback if desired, as provided by you or as modified by Veteran Web Design, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third-Party Provider that you submit to Veteran Web Design must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable. Veteran Web Design reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third-Party Providers but does not regularly inspect posted Feedback.
8. Privacy and Data Protection
- Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, Veteran Web Design’s collection and use of personal information of any European residents are also subject to our Data Processing Addendum.
- We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes to the Terms of Service that materially adversely affect your use of the Services or your rights under the Terms of Service by sending an email to the Primary Email Address, providing notice through Veteran Web Design administrative console, or by similar means. However, Veteran Web Design may make changes that materially adversely affect your use of the Services or your rights under the Terms of Service at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms of Service will be effective immediately upon posting of such updated Terms at this location. Your continued access to or use of the Services after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended. If you do not agree to the amended Terms of Service, you must stop accessing and using the Services.
- Veteran Web Design may change the Fees for the Services from time to time. We will provide you with 30 days of advanced notice prior to any changes in Fees by sending an email to the Primary Email Account, providing notice through the Veteran Web Design administrative console, or by similar means. Veteran Web Design will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services (or any part thereof).
10. General Conditions
- The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Veteran Web Design and govern your use of the Services and your Account, superseding any prior agreements between you and Veteran Web Design (including, but not limited to, any prior versions of the Terms of Service).
- The failure of Veteran Web Design to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service will remain in full force and effect.
- Veteran Web Design and its affiliates, you or anyone accessing Veteran Web Design Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service will have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this will not affect the rights of any permitted assignee or transferee of these Terms.
- The Terms of Service will be governed by and interpreted in accordance with the laws of the United States and the laws of the United States applicable therein, without regard to principles of conflicts of laws.
- The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Veteran Web Design’s Terms of Service available in another language, the most current English version of the Terms of Service at https://veteranwebdesign.com/terms-of-service will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by Veteran Web Design (acting in its sole discretion) or as required by applicable law.
- All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns, and legal representatives. Veteran Web Design will be permitted to assign these Terms of Service without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Veteran Web Design’s prior written consent, to be given or withheld in Veteran Web Design’s sole discretion.
- If any provision, or portion of the provision, in these Terms of Service, is, for any reason, held to be invalid, illegal, or unenforceable in any respect, then such invalidity, illegality, or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
- On termination, all related rights and obligations under the Terms of Service immediately terminate, except that (a) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination; and Sections 1 (Account Terms), 5 (Payment of Fees), 6 (Confidentiality), 7 (Limitation of Liability and Indemnification), 8.1 (Intellectual Property and Your Materials), 9.7(8)-(10) (Third Party Services, Experts, and Experts Marketplace), 10 (Feedback and Reviews), 12 (Privacy and Data Protection), 13 (Veteran Web Design Contracting Party), 14 (Cancellation and Termination), 15(1) (Modifications), and 16 (General Conditions) will survive the termination or expiration of these Terms of Service.
Any questions about these terms of service, please contact us.