Terms of Service


(Last updated: March 31st, 2009)

The spirit of the Terms of Service (“TOS”) is to ensure customers are using SiteJive’s Services with due regard to the rights of other Internet users and in conformity with the requirements of SiteJive’s network environment. The TOS are not exhaustive and SiteJive reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to sitejive.com/legal/ or notification of the modified TOS.

Order, Acceptance and Services

When Accepted by SiteJive, the Order submitted by Customer creates a contract between Customer and SiteJive, consisting of the Order, the applicable Service Description and these Terms of Service. An Order is “Accepted” by SiteJive when (i) with respect to Orders submitted online or placed over the telephone, SiteJive provides Services in response to the Order or bills Customer for payment and (ii) with respect to Orders reduced to writing and signed on an approved SiteJive form, when an authorized representative of SiteJive executes and delivers such form signed by Customer.

SiteJive will provide, and Customer will pay for, the Services specified in the Order for the service fees specified in the Order and the applicable Service Description (the “Service Fees”). Customer will abide by, and Services provided in accordance with, the Billing Policy (the “Billing Policy”) that SiteJive posts on its website; as such Billing Policy may be changed by SiteJive from time to time. The Billing Policy is hereby incorporated herein and made a part hereof by this reference.

Acceptable Use

Customers are required to use the SiteJive network responsibly. This includes respecting other SiteJive Customers and Internet users as a whole. Customer will abide by, and utilize the Services only in accordance with, the Acceptable Use Policy (the “Acceptable Use Policy”) that SiteJive posts on its website; as such Acceptable Use Policy may be changed by SiteJive from time to time. The Acceptable Use Policy is hereby incorporated herein and made a part hereof by this reference. Customer shall impose the Acceptable Use Policy on its customers and End Users to the extent necessary to ensure their compliance. Customer shall familiarize itself with the Acceptable Use Policy and periodically access SiteJive’s Web site to determine if SiteJive has made any changes thereto.

Minimum Age Requirement

SiteJive customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the TOS in order for the Minor to become a SiteJive customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the Service Fees for SiteJive Services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains SiteJive’s express written consent to the contrary. Any acceptance of the TOS or any other agreement for SiteJive’s services will be deemed null and void to the extent that SiteJive will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of SiteJive’s services.

Warranty

Unless the applicable Service Description provides otherwise, SiteJive Services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. SiteJive expressly disclaims any representation or warranty that the SiteJive’service will be error-free, secure or uninterrupted. No oral advice or written information given by SiteJive, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. SiteJive and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Third Party Licenses

SiteJive makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, SiteJive makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, SiteJive specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold SiteJive liable in any way for the revocation of any license, which has been licensed to SiteJive. The use of the Technologies obtained from or through SiteJive, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

Modifications

SiteJive may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with SiteJive Services. Certain changes to SiteJive Services may affect the operation of Customer’s personalized applications and content. Each customer is solely responsible, and SiteJive is not liable, for any and all such personalized applications and content, except as expressly agreed to by SiteJive.

Non-SiteJive Products

Any mention of Non-SiteJive products by SiteJive, its employees, or any third party entity related to SiteJive is for information purposes only and does not constitute an endorsement or recommendation by SiteJive. SiteJive disclaims any and all liabilities for any representation or warranty made by the vendors of such non-SiteJive products or services.

Control of IP Addresses

SiteJive maintains control and ownership of all IP numbers and addresses that may be assigned to you, and we reserve the right to change or remove any and all IP numbers and addresses at our sole discretion.

SiteJive’s Intellectual Property

Customers will not, without SiteJive’s express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on SiteJive’s website, and Customers will not use any of SiteJive’s trademarks, service marks, copyrighted materials, or other intellectual property without SiteJive’s express written consent. Customers will not, in any way, misrepresent their relationship with SiteJive, attempt to pass themselves off as SiteJive, or claim that Customers are SiteJive.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL SITEJIVE (INCLUDING, WITHOUT LIMITATION, SITEJIVE’S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS SITEJIVE, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING SITEJIVE’S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR SITEJIVE SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY SITEJIVE SERVICES EVEN IF SITEJIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SITEJIVE’S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR SITEJIVE’S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY SITEJIVE OR SITEJIVE’S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID, OR TO BE PAID, BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 1-MONTH PERIOD WHICH THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Force Majeure

SiteJive will not be liable for delays in its performance of the TOS or SiteJive Services caused by circumstances beyond SiteJive’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). SiteJive will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.

Indemnification

SiteJive Customers agree to protect, defend, hold harmless, and indemnify SiteJive, any third party entity related to SiteJive (including, without limitation, third party vendors), and SiteJive’s former current, and future officers, directors, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as SiteJive, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer.s use of SiteJive Services.

Assignment

Customers may not assign or delegate their rights or obligations under the TOS or other agreement for SiteJive’s services, either in whole or in part, without the prior written consent of SiteJive.

Governing Law and Severability

The TOS, and any other agreement for SiteJive Services, will be governed by and construed in accordance with the laws of the State of Washington, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and SiteJive will take place in Washington, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other SiteJive agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect. Any cause of action Customer may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

Waiver and Amendment

Any waiver, modification, or amendment of any provision of the TOS or other agreement for SiteJive’s services, initiated by a Customer, will be effective only if accepted in writing and signed by an authorized representative of SiteJive.

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between SiteJive and its customers. Each of SiteJive and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation

Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.

Complete Agreement and Exclusivity

The TOS, and/or any other specific agreement for SiteJive’s services, constitutes the complete understanding and agreement between SiteJive and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of SiteJive, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for SiteJive’s services is between SiteJive and its customers only and will not confer any rights in any third party except as otherwise expressly provided by SiteJive.