General Information
Notable Themes LLC, hereafter referred to as Notable Themes LLC Services, provides the following terms of service. By using Notable Themes LLC’s service(s) you, hereafter referred to as Client, agree to the following terms and conditions. This document outlines the terms and conditions of Notable Themes LLC’s services, hereafter referred to as Service, the obligation of the Client and the obligation of Notable Themes LLC. Please review this document carefully before requesting Notable Themes LLC’s Service. Notable Themes LLC Services provides its Service to the Client as subject to the following Terms of Service, hereafter referred to as TOS. The TOS may be updated at any time without notice to the Client.
Refusal of Service
Notable Themes LLC Services reserves the right to refuse service to anyone for any reason. This includes, but is not limited to, refusal to serve clients whose sites contain content deemed adult related, sexual products, nudity, persecution, slander, illegal activities, illegal goods or drugs, information used to harm any people or animals, or information used to destroy other peoples intellectual property.
Confidential Information
Notable Themes LLC Services will not use or disclose to others without Client’s written consent Client’s confidential information, except when reasonably necessary to perform the Service under this Agreement. “Confidential information” includes, but is not limited to:
The written, printed, graphic or electronically recorded materials furnished by Client for use by Notable Themes LLC
Client’s business plans, customer lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries and improvements of any kind
Any written or tangible information stamped “confidential,” “proprietary” or with a similar legend, and
Any written or tangible information not marked with a confidentiality legend, or information disclosed orally to Notable Themes LLC, that is treated as confidential when disclosed and later summarized sufficiently for identification purposes in a written memorandum marked “confidential” and delivered to Notable Themes LLC Services within thirty days after the disclosure.
Notable Themes LLC Services shall not be restricted in the use of any material which is publicly available, already in Notable Themes LLC’ possession or known to Notable Themes LLC Services without restriction, or which is rightfully obtained by Notable Themes LLC Services from sources other than Client.
Notable Themes LLC’s obligations regarding proprietary or confidential information extend to information belonging to customers and suppliers of Client about whom Notable Themes LLC Services may have gained knowledge as a result of Notable Themes LLC’s Service to Client.
Notable Themes LLC Services will not disclose to Client information or material that is a trade secret of any third party.
The provisions of this clause shall survive any termination of this Agreement.
Please see our privacy and non-disclosure policies for additional information.
Notable Themes LLC Services may transfer information about Clients if Notable Themes LLC Services is acquired by or merged with another company, in which case Notable Themes LLC Services will notify Client.
Services
Client understands and agrees to the following scopes of responsibility of Notable Themes LLC Services according to each service which it provides:
Website Transfer
The Website Transfer includes the migration of Client data, specified as files, databases and and email accounts, to the extent paid for by Client according to Notable Themes LLC’s current migration service pricing. This service is provided “AS-IS” and Notable Themes LLC Services assumes no responsibility for the errors, omissions, or other problems related to the Website Transfer Service.
Data Storage
This service provides as place of storage for Client’s data for the stated period of time which the Client chooses upon signing up for this service. Notable Themes LLC Services assumes no responsibility for any loss or corrupted data caused by or in connection with this service.
Duties of Client
Client must supply to Notable Themes LLC Services at the time of entering this Agreement information required to access and complete the Service in this Agreement. This includes but is not limited to, Internet Protocol (IP) address of server, completion of authorization statement, password and other information required to complete the Service. Client shall inform Notable Themes LLC Services of any existing errors, previous conditions, configuration changes, non-standard software, special circumstances or other reasons why the server may not be of a standard configuration or otherwise interfere with Service to be performed by Notable Themes LLC, failure to do so negates all responsibility of Notable Themes LLC Services to complete the Service. In the event that a Client with an open project does not make contact, by phone or by email, with Notable Themes LLC Services for a length of time equal to or greater than fourteen days, said Client’s open project will be considered an abandoned project at that time and marked as completed by Notable Themes LLC. In addition, the Client must make known to Notable Themes LLC, in writing by email, any problems or issues related to the Service provided by Notable Themes LLC Services within fourteen days of order completion if Notable Themes LLC Services is to attempt to fix any errors, after which time the contract is complete, and no further work can or will be completed by Notable Themes LLC. Client agrees by signing up for Notable Themes LLC’s Service that Notable Themes LLC Services provides a service and not a product.
Billing Policy
Client agrees to pay fees for any work or consultation which Notable Themes LLC Services performs for them in accordance with Notable Themes LLC’s current pricing.
Refunds
Website Transfer is a service, not a product. Full refunds are only available if there have been no services rendered to the Client.
Charge Backs
Because the Website Transfer is a service and not a product , full refunds are not available once any kind of service has been rendered to Client. Notable Themes LLC Services prefers working with customers rather then seeing a Charge Back. If Client will contact Notable Themes LLC’s billing department instead of issuing a charge back, then Notable Themes LLC Services can work with Client to achieve a desired results or an appropriate compromise. Client agrees that a maximum amount of fifty percent of the fees charged to Client for the Service in question during a Charge Back can ever be reimbursed to the Client. Client also agrees that a seventy-five dollar fee per charge back will be charged as a separate charge for any Charge Backs that Client issues.
Independent Contractor
The parties acknowledge that they are independent of each other, and that they have no right or authority to assume or create any obligations of any kind, whether express or implied, on behalf of the other except as may be expressly provided in this Agreement. Notable Themes LLC Services is not an employee or agent of Client. Nothing contained in this Agreement shall be construed to create a partnership, joint venture, agency or employment relationship between Notable Themes LLC Services and Client. Notable Themes LLC Services shall have no responsibility for any of Client’s debts, liabilities or other obligations or for the intentional, reckless, negligent or unlawful acts or omissions of Client or Client’s employees or agents. Client may not bind Notable Themes LLC Services in any way whatsoever with respect to third parties. Notable Themes LLC Services retains sole and absolute discretion, independence, control and judgment in the manner and means of doing business and performing services to Client and/or its clients. Client agrees to indemnify and hold Notable Themes LLC Services harmless from and against any such payments or liabilities for which Client may become liable with respect to such matters.
Liability
Client agrees that Notable Themes LLC Services shall not be responsible or liable, directly or indirectly, for any damage or loss caused by, or alleged to be caused by, or in connection with the use of or reliance on any content, goods or Service available on or through Notable Themes LLC’s website or Service. Client understands and agrees that Notable Themes LLC Services shall 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 (even if Notable Themes LLC Services has been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the Service; (ii) The cost of procurement of substitute goods and Services resulting from any goods, data, information, Service, whether purchased or obtained, or messages received or transactions entered into through or from the Service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party of the Service; or (v) any other matter relating to the Service.
Governing Law
These Terms shall be governed by the laws of the State of Utah without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of Notable Themes LLC, the subscriber, hereafter referred to as Subscriber, agrees that all disputes, if any, involving Notable Themes LLC Services shall be subject exclusively to the jurisdiction of the State and Federal Courts within the State of Utah; provided, further, that all action brought against Notable Themes LLC Services in State Court must occur in the Utah County, Utah and, if in Federal Court, in Salt Lake County, Utah. Subscriber hereby agrees that it is subject to the “in personam” jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving Notable Themes LLC. Subscriber hereby waives any and all objections that it has or might have, known or unknown, whether under Utah’s long arm statute or otherwise, to the existence of said in personam jurisdiction. Subscriber agrees that it has no right to and shall not file or otherwise bring a lawsuit against Notable Themes LLC Services outside the State of Utah; and, that Subscriber, if involved before a court in a lawsuit outside of the State of Utah, shall be deemed to support and to stipulate to a motion made by Notable Themes LLC Services to dismiss said lawsuit with respect to Notable Themes LLC.
Copyright, Trademarks, Servicemarks
NotableThemes.com, the Notable Themes logo, other Notable Themes LLC Services logos, product and service names are trademarks or service marks of Notable Themes LLC. Notable Themes LLC Services does not represent or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the “Materials”) contained on, distributed through, or linked, downloaded or accessed from any of the Services, nor the quality of any products, information or other materials displayed, purchased, or obtained by the Client as a result of an advertisement or any other information or offer in or in connection with the Service (the “Products”). Client hereby acknowledges that any reliance upon any Materials shall be at the Client’s sole risk. Notable Themes LLC Services reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any errors or omissions in any portion of the Service or the Materials.
Notable Themes LLC Services reserves all rights to work product. Work product includes, but is not limited to, the programs and documentation, including all ideas, routines, object and source codes, specifications, flow charts and other materials, in whatever form, developed solely for Client. Client agrees that Notable Themes LLC Services shall retain any and all rights Notable Themes LLC may have in the work product.
The use of the Notable Themes LLC name, logo, or other identifying features is prohibited. If Client or anyone else wishes to use the Notable Themes LLC Services name or logo, they must have permission of Notable Themes LLC.
License to NotableThemes.com
NotableThemes.com claims no ownership interest in the content of Subscriber’s web site(s). By submitting content and data to NotableThemes.com, Subscriber grants to NotableThemes.com, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber’s copyrights and other rights, if any, in all material and content displayed in Subscriber’s web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on NotableThemes.com‘s servers during the term of these Terms. Subscriber also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Subscriber’s cancellation of the Services.
Warranty
The Service provided by Notable Themes LLC Services is on an “AS-IS” basis, and Notable Themes LLC Services expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to the Service or any materials and products. In no event shall Notable Themes LLC Services be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service, the materials and the products.
Scope of Agreement
This TOS constitutes the entire agreement between the Client and Notable Themes LLC Services and governs the Client’s use of the Service, superseding any prior agreements between Client and Notable Themes LLC. Client also may be subject to additional terms and conditions that may apply when the Client uses affiliate services, third-party content or third-party software. The TOS and the relationship between Client and Notable Themes LLC Services shall be governed by the laws of the State of Utah and the United States of America without regard to its conflict of law provisions. The failure of Notable Themes LLC Services to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, Notable Themes LLC Services and Client agree that the other provisions of the TOS remain in full force and effect. Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one month after such claim or cause of action arose or be forever barred.
Acceptance of Terms of Service
If you (Client), for yourself or on behalf of one or more persons you are representing with respect to Notable Themes LLC’s Services, do not agree to any of the foregoing terms, you must, for yourself and on behalf of any such person(s), discontinue the sign-up process, and, if you have already signed up, discontinue your use of Notable Themes LLC’s Service. Beginning now, any continuation by you in using the Service constitutes for you and those represented by you an express affirmation and commitment to be (or to continue to be, as applicable) legally bound by and to comply with all of these terms.