<link href="https://app.termageddon.com/css/policy.css?v=20210506" rel="stylesheet"><article><p class="tg-last-updated-date">Last updated: Jan 8, 2024 6:49 PM</p><p>Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the https://www.wpminder.com website (the "Website") operated by Red Kite Creative LLC, a(n) Limited Liability Company formed in Colorado, United States  ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.</p>

<p>By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.</p>

<h3>Authorization</h3> <p>You are engaging us as an independent contractor to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorize access and “write permissions” to all directories and files of your account with any other third party hosting provider, as well as permission to install any necessary WordPress plugins for maintenance and security.</p><h3 class="">Our offers and pricing</h3><p>We offer services on this Website.  The price of these services can be found listed on the Website. This price does not include taxes or other fees that you may be charged. </p><h3 class="">Purchases</h3>

<p>When you make a purchase on the Website, you will be using a third party payment processor, Stripe, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by Stripe. The following payment method(s) are accepted by the third party payment processor: American Express, Discover, MasterCard,  and Visa.</p>

<p>You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.</p>

<p>Monthly payments that are not able to be processed must be made within 7 days or the account will be temporarily suspended. We will attempt to recharge your card automatically. Once payment is made successfully the suspension will be removed. After 30 days of non-payment, the account will be closed and a backup of the website will be placed for you on Dropbox for a period of one week.</p><h3 class="">Cancellation policy</h3><p>We offer cancellations on purchases made of the services offered on our Website. We offer cancellations only prior to performance of the service and at any time, there is no contract. You may cancel your order by contacting us and via the Website. You will not be charged a cancellation fee if you cancel your purchase in accordance with the instructions above. We will issue you a partial refund of the purchase price that you paid if you cancel your purchase within 14 days of signup.</p>

<p>We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased.</p><h3 class="">Refund policy</h3>

<p>We offer refunds on purchases made of the services offered on our Website. To qualify for a refund, you must submit your request to us within 14 days of your initial purchase date by contacting us. We offer refunds on any purchases made of the services offered on our Website for any reason. </p>

<p>There are no refunds after the first 14 days.</p>

<p>Only first-time accounts are eligible for a refund. Violations of the Terms of Service will waive the refund policy.</p><h3>Professional Plugin Licenses</h3>

<p>If you have purchased in the past professional plugin licenses and continue to use those plugins on your website, it is your responsibility to keep those licenses up to date so that the plugins can be updated – otherwise your site has a security risk.</p>

<p>If we notify you that a professional license needs renewing and it has gone more than 30 days without being renewed, and we are unable to fully update your site because of it, we will purchase the license, update the website, and bill your credit card on file along with a service fee of $25/year/plugin.</p>

<h3>Copyrights</h3>

<p>WP Minder does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.</p><h3 class=""><span class="text-uppercase">No warranty on purchases</span></h3><p class="text-uppercase">The items or services displayed or sold on this Website are provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to any items or services displayed or sold on this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.</p>

<p>This website could include mistakes, inaccuracies or technical errors. We may make changes to the website at any time and information about such services and materials could be out of date.</p>

<p>We are not responsible for any damages your business may suffer. This includes loss of data resulting from delays and any and all service interruptions even if caused by us and our employees.</p>

<p>You understand and agree that temporary interruptions of the services provided by WP Minder may occur as normal events. You further understand and agree that we have no control over your host or any third party networks you may use in the course of the use of this site or our services, and therefore, delays and disruption of such networks are completely beyond our control.</p>

<p>You understand that all web hosts are different and that all of our services will not work with every host server setup. We will notify you during account setup if there are going to be problems using our services with your hosting setup. If settings on your host server change during your account period with us, that may affect our services and we will notify you if problems arise.</p>

<p>You understand that our automatic update services don’t extend to commercial plugins that require manual updates, such as those requiring you to login to the provider’s website and manually download and install new versions.</p>

<p>You agree that your website is an important part of your business and that you will check in on it from time to time, and if any problems are noticed you will start a support ticket by sending an email to <a href="mailto:support@wpminder.com">support@wpminder.com</a> promptly. We rely on you to help us keep your site safe.</p><h3 class="">Remedies</h3>

<p>You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be refund of subscription fees. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided  in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.</p><h3 class="">Subscriptions</h3><p>This Website features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service. The initial term of the subscription is 1 month, 1 quarter or 1 year depending on the customer's plan.</p>

<p class="text-uppercase">You may revoke your subscription by contacting us within 14 days of making your purchase. If you revoke your subscription, it will not automatically renew and you will not be charged for the renewals. Please note that you will no longer receive the items or services provided by the subscription once you revoke.</p>

<p class="text-uppercase">There is no minimum purchase required to qualify for the subscription.</p>

<h3 class=""><span class="text-uppercase">Automatic renewals of subscriptions</span></h3><p class="text-uppercase">When you purchase a subscription on the Website, your subscription will automatically renew each year, quarter or month depending on the customer's plan. We will automatically renew your subscription by using the payment method on file until you cancel your subscription.</p><p class="text-uppercase">You may cancel the automatic renewals of your subscription via the following means:</p><ul class="text-uppercase"><li>Email - <a href="mailto:hello@wpminder.com">hello@wpminder.com</a>;</li><li>Through the Website.</li></ul><p class="text-uppercase">Please note that you will no longer receive the items or services provided by the subscription on your cancellation effective date.</p>

<p class="text-uppercase">The cancellation of the automatic renewal of your subscription will become effective immediately upon you contacting us.</p>

<h3>Security and Passwords</h3>

<p>You are responsible for ensuring that others do not gain access to your password and account. Our support techs will never ask for your password. You may not share or transfer your account to anyone, and we reserve the right to immediately terminate your account if you do.</p>

<h3>Domain Registrar for DNS Access</h3>

<p>We require access to your domain registrar in order to point the DNS A record to our hosting provider, and occasionally to troubleshoot other issues. If using GoDaddy or a few other domain registrars, we’ll ask you to add WP Minder as a technical contact so we don’t need to bother you for access, both to point to our hosting and for any future troubleshooting.</p>

<p>If you have two-factor authentication enabled on your domain registrar account, you will need to disable it  at our request for 24 hours so that we can repoint the A record (or make other changes to DNS with your permission) without having to go back and forth trying to get a verification code. If you don’t want to do this, we’ll provide you with the IP address of your new host server and you can change the A record yourself.</p><h3 class="">Prohibited uses</h3>

<p>You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:</p>

<ol><li>Impersonating or attempting to impersonate Red Kite Creative LLC or its employees, representatives, subsidiaries or divisions;</li><li>Misrepresenting your identity or affiliation with any person or entity;</li><li>Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;</li><li>Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;</li><li>Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;</li><li>Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;</li><li>Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;</li><li>Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;</li><li>Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;</li><li>Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;</li><li>Otherwise attempting to interfere with the proper working of the Website;</li><li>Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.</li></ol>

<h3 class=""><span class="text-uppercase">No warranty on Website</span></h3>

<p class="text-uppercase">This Website is provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.</p>

<h3 class="">Availability, errors and inaccuracies</h3>

<p>We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us. </p>

<h3 class=""><span class="text-uppercase">Damages and limitation of liability</span></h3>

<p class="text-uppercase">In no event shall Red Kite Creative LLC be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this Website or with the delay or inability to access, display or use this Website, including but not limited to your reliance upon opinions or information appearing on this Website; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Website, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if Red Kite Creative LLC has been advised of the possibility of such damages. IF, DESPITE THE LIMITATION ABOVE, Red Kite Creative LLC IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF Red Kite Creative LLC WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO Red Kite Creative LLC IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS Website. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF Red Kite Creative LLC. The aggregate liability of Red Kite Creative LLC arising out of or relating to this Website, whether arising out of or related to breach of contract, tort (including negligence) or otherwise shall be limited to the amount of fees actually received by Red Kite Creative LLC from you.</p><h3 class="">Links to third party websites</h3>

<p>This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. </p>

<h3 class="">Intellectual property and DMCA notice and procedure for intellectual property infringement claims</h3>

<p>All contents of this Website are ©2014 - 2024 Red Kite Creative LLC or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Red Kite Creative LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of Red Kite Creative LLC or third parties in the United States and/or other countries.</p>

<p>If you are aware of a potential infringement of our intellectual property, please contact Debbie Campbell at <a href="mailto:hello@wpminder.com">hello@wpminder.com</a>. </p>

<p>We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.</p>

<p>If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:</p>

<ol><li>An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;</li><li>A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;</li><li>Your name, email, address and telephone number; and</li><li>A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.</li></ol>

<p>Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.</p>

<p>You may submit your claim to us by contacting us at:</p><p>Red Kite Creative LLC<br>Debbie Campbell<br><a href="mailto:hello@wpminder.com">hello@wpminder.com</a><br>970-372-2125<br>Red Kite Creative LLC<br>
4333 Corbett Dr. #1099<br>
Fort Collins, CO 80525<br><span class="text-uppercase">United States</span></p>

<h3>Refusal of Service</h3>

<p>WP Minder reserves the right to refuse service to any individual or business website that contains offensive, obscene, hateful, or malicious content or for any other reason.</p>

<h3>Conduct on the Support Helpdesk or Email Communications</h3>

<p>You agree to conduct yourself in a respectful, professional manner regardless of the method of communication with WP Minder. In turn, we agree to treat you respectfully and professionally in our communications with you.</p>

<p>Using abusive or foul language or being threatening in any way when communicating with WP Minder will result in a suspension or termination of services. No refunds will be given for violations of the Terms of Service.</p>

<p>You agree that WP Minder reserves the right to suspend or terminate your services with or without prior notice and without liability for violations of conduct. In addition, you acknowledge that WP Minder will cooperate fully with investigations of violations of security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.</p><h3 class="">Governing law, severability, dispute resolution and venue</h3>

<p>These Terms shall be governed and construed in accordance with the laws of the state of Colorado, United States, without regard to its conflict of laws provisions. <span class="text-uppercase">These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms</span>.</p>

<p>Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. 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 you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website. </p>

<p>Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Larimer County, Colorado.</p>

<p class="text-uppercase">You and Red Kite Creative LLC agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.</p>

<h3 class="">Changes to Terms of Service</h3>

<p>We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service. </p>

<h3 class="">Questions</h3><p>If you have any questions about our Terms of Service, please contact us at <a href="mailto:hello@wpminder.com">hello@wpminder.com</a>.</p>

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