Terms & Conditions

Our Terms & Conditions (“Terms”)

Last Updated: (4-3-2020)

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before purchasing any subscriptions or products from https://wpmanagementsystems.com operated by WP Management Systems a subsidiary of NowSoft Solutions, LLC.

Your access to our website (https://wpmanagementsystems.com) and the use of our services is conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms). These Terms apply to all visitors, users and others who access or use our services.

By accessing or using our services you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access our services.

Purchases:

If you wish to purchase any product or service made available through this website, you may be asked to supply certain information relevant to your purchase including but not limited to, your name, address, phone, email, credit card or debit card information.

Subscriptions:

Some parts of our services are billed on a subscription basis. You will be billed automatically on a recurring basis depending on how often it is renewed.

Electronic Communications:

By visiting our website (https://wpmanagementsystems. com) or sending emails to WP Management Systems constitutes electronic communication. You agree to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account:

If you use our site (https://wpmanagementsystems. com), you are responsible for maintaining the confidentiality of your account and password. You also agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that WP Management Systems is not responsible for third party access to your account that results from theft or misappropriation of your account. WP Management Systems and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Cancellation & Refund Policy:

You may cancel at any time. If you decide to cancel your service with WP Management Systems, we will uninstall our site protection tools and reset your website back to its original condition. There are no refunds or partial credits for time not used.

Links to Third Party Sites / Third Party Services:

Our website (https://wpmanagementsystems.com) may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of WP Management Systems. WP Management Systems is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. WP Management Systems is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WP Management Systems of the site or any association with its operators. Other services made available us or the website (https://wpmanagementsystems.com) are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://wpmanagementsystems. com domain, you hereby acknowledge and consent that WP Management Systems may share such information and data with any third party with whom WP Management Systems has a relationship to provide the requested product, service or functionality on behalf of https://wpmanagementsystems.com users and customers.

No Unlawful or Prohibited Use / Intellectual Property:

You may use our Site (https://wpmanagementsystems.com) in accordance with these terms of use. In order to use our Site, you warrant to WP Management Systems that you will not use our Site (https://wpmanagementsystems.com) for any unlawful or prohibited purpose other than what it allows as stated in these Terms. You may not use the Site (https://wpmanagementsystems.com) in any manner which could damage, disable, overburden, impair or interfere with any other party’s use of the Site (https://wpmanagementsystems.com). You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site (https://wpmanagementsystems.com).

All content included as part of our services, such as text, graphics, logos, images, and software used on the Site (https://wpmanagementsystems.com) is the property of WP Management Systems or its suppliers. These previously stated items are protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

Indemnification:

You agree to indemnify, defend and hold harmless WP Management Systems, its parent company (NowSoft Solutions, LLC), officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site (https://wpmanagementsystems.com) or services. You also agree to hold the same harmless for any user postings made by you, violation of any terms of this Agreement or violation of any rights of a third party, or violation of any applicable laws, rules or regulations. WP Management Systems reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with WP Management Systems in asserting any available defenses.

Arbitration:

In the event that parties are not able to resolve any dispute concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforcement of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver:

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitration and class/representative/collective actions are not permitted. BOTH PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and WP Management Systems agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer:

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES AR£ PERIODICALLY ADDED TO THE INFORMATION HEREIN. WP MANAGEMENT SYSTEMS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

WP MANAGEMENT SYSTEMS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AR£ PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WP MANAGEMENT SYSTEMS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WP MANAGEMENT SYSTEMS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WP MANAGEMENT SYSTEMS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU AR£ DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination / Access Restriction:

WP Management Systems reserves the right, in its sole discretion, to terminate your access to the Site (https://wpmanagementsystems.com) and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Alabama. You hereby consent to the exclusive jurisdiction and venue of courts in Alabama in all disputes arising out of or relating to the use of this Site (https://wpmanagementsystems.com). Use of the Site (https://wpmanagementsystems.com) is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and WP Management Systems as a result of this agreement or use of the Site (https://wpmanagementsystems.com). WP Management Systems performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of WP Management Systems right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site (https://wpmanagementsystems.com) or information provided to or gathered by WP Management Systems with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and WP Management Systems with respect to the Site (https://wpmanagementsystems.com) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WP Management Systems with respect to the Site (https://wpmanagementsystems.com). A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally.

Changes to Terms:

WP Management Systems reserves the right, in its sole discretion, to change the Terms under which https://wpmanagementsystems.com is offered. The most current version of the Terms will supersede all previous versions. WP Management Systems encourages you to periodically review the Terms to stay informed of our updates.

OTHER AGREEMENTS AND CONDITIONS:

Anti-Virus Protection:

NO Anti-Virus software will guarantee protection 100% of the time. New viruses are being produced on a daily bases and sometimes websites will get hit by a virus. We use excellent Anti-Virus & Security protection. However, we are a WordPress website management company and not an anti-virus software or any other type of software development company. We do not make any of the software we use and by using our Site or services, you agree to hold WP Management Systems, it’s parent company (NowSoft Solutions, LLC, employees or anyone else associated with WP Management Systems harmless from any liability for attacks, corruption or failure of your website due to attacks by a foreign entity which may or may not cause damage to your website.

Your website traffic or use:

WP Management Services does not guarantee you any increased traffic to your website through the use of our Site or this service. We did not write the content for your website and we can not guarantee that someone will visit your website. There are no refunds for any of our services! You may cancel our services at any time. You will automatically be billed each month or year depending on the choice for your service(s). You cancel your service with WP Management Systems. By continuing, you agree to all of the Terms and conditions described in this document.