AJ Design and Marketing, LLC is in the business of creating intellectual property. We do our best to abide by copyright laws and good faith, and we ask that you do the same.


Terms of Service

Last updated: April 10, 2017
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the http://www.ajdesignco.com website (the “Service”) operated by AJ Design and Marketing, LLC (“us”, “we”, or “our”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Third Party Services

We make use of free and paid products and services in the course of serving clients. We also use commercial and open source software. It is at our sole discretion whether to absorb or bill for the cost of these services.

Domain Name Registration

We offer domain name registration as a convenience to clients. We are not a domain name registrar; as such, all domain name registrations are made with a third party. Our domain name providers are NameCheap, Inc. and Wild West Domains, LLC. When you enlist the help of AJ Design to register or transfer a domain name, you are agreeing to be bound by both this Agreement and the NameCheap Domain Registration Agreement (https://www.namecheap.com/legal/domains/registration-agreement.aspx) or the Wild West Domain Name Registration Agreement (http://www.securepaynet.net/agreements/showdoc.aspx?pageid=REG_SA&prog_id=mediatemple). Domain name registration fees are payable with a credit card, and automatic billing is the standard configuration. Fees for domain name registration are non-refundable once paid. Should you need to cancel or transfer a domain name, we will facilitate the process with no questions asked. Please allow 7-10 business days for cancellation or transfer.

Website Hosting – MediaTemple

We enlist the services of MediaTemple, Inc. to provide a high-reliability managed web server for our clients’ websites. The technical and legal details of this hosting service are contained in MediaTemple’s terms of service and may be viewed here. Clients will not be permitted access to the control panel or root account of the server. However, clients may generally have admin access to their WordPress site with no restriction if requested. We will provide administrative access, however we are not responsible for errors initiated by the client. Therefore, we recommend that clients generally access their WordPress site with an Editor or Author account.
Our hosting environment is configured so that WordPress sites are more secure and stable; however, nothing in this agreement is to construe a 100% uptime promise or a service-level agreement in which the client will be reimbursed for any downtime that may occur, regardless of the cause.

Website Hosting – HostGator

We may offer to establish and configure website hosting for clients through Hostgator. These hosting accounts are the responsibility of the client. They are subject to Hostgator’s terms of service and may be viewed here.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by AJ Design and Marketing, LLC. AJ Design and Marketing, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that AJ Design and Marketing, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless AJ Design and Marketing, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

Limitation of Liability

In no event shall AJ Design and Marketing, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. AJ Design and Marketing, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

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

Governing Law

These Terms shall be governed and construed in accordance with the laws of South Carolina, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us:

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