These Terms of Service (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and Web Design and Rank (“we,” “us,” or “our”), concerning your access to and use of the website [www.webdesignandrank.com] (the “Site”) and any related services we offer, including but not limited to web design, SEO, and marketing services (collectively, the “Services”). By accessing or using the Site or our Services, you agree that you have read, understood, and agree to be bound by these Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right to modify these Terms at any time. Changes will be indicated by updating the “Effective Date” of these Terms. You are responsible for reviewing these Terms periodically to stay informed of updates. Your continued use of the Site after such modifications will constitute your acknowledgment and acceptance of the updated Terms.
The Site is intended for users who are at least 18 years of age. If you are under 18, you must obtain parental or guardian consent before using the Site or Services.
All Content on the Site, including but not limited to text, images, graphics, code, software, and design (collectively, the “Content”) is the proprietary property of Web Design and Rank or our licensors. The Content is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Content solely for your personal or internal business purposes. You may not reproduce, distribute, or use the Content for any commercial purposes without our prior written consent.
By accessing or using the Site, you represent and warrant that:
1. You have the legal authority to enter into these Terms;
2. You are at least 18 years old or have received parental/guardian consent to use the Site;
3. You agree to comply with these Terms and all applicable laws and regulations;
4. You will not use the Site for any illegal or unauthorized purposes.
We reserve the right to terminate your use of the Site and Services if we believe you have violated any of these representations.
You agree not to engage in any of the following activities while using the Site or Services:
Violating any of these prohibitions may result in termination of your right to use the Site and legal action.
The Site may allow users to create, submit, post, or share Content (collectively, “User Contributions”). By posting any User Contributions, you grant Web Design and Rank a worldwide, non-exclusive, royalty-free, perpetual, and transferable license to use, reproduce, distribute, and display such Content in connection with the operation of the Site and Services. You agree that your User Contributions do not violate any applicable law, infringe upon third-party rights, or contain defamatory or unlawful material. We reserve the right to monitor and remove any User Contributions at our sole discretion.
The Site may include links to third-party websites or services (“Third-Party Links”). These Third-Party Links are provided for convenience, and we do not endorse or assume responsibility for the Content, privacy policies, or practices of these third-party sites. You access these Third-Party Links at your own risk, and you agree that Web Design and Rank shall not be liable for any damages or losses resulting from your use of third-party websites.
We value your privacy and are committed to protecting your personal information. Please review our Privacy Policy to understand how we collect, use, and share your information. By using the Site, you acknowledge and agree to be bound by the Privacy Policy, which is incorporated into these Terms.
Our Site is hosted in the United States, and by using the Site, you consent to the transfer of your data to the United States. If you are accessing the Site from outside the United States, including from the European Union or other jurisdictions with differing data protection laws, you agree that your information may be processed in the United States in accordance with our Privacy Policy.
We do not knowingly collect or solicit personal information from children under the age of 13. If we discover we have collected personal information from a child under 13 without parental consent, we will promptly delete such information.
TO THE FULLEST EXTENT PERMITTED BY LAW, WEB DESIGN AND RANK, ITS DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO WEB DESIGN AND RANK IN THE SIX (6) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold Web Design and Rank, its affiliates, and respective officers, directors, employees, agents, and partners harmless from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Site or Services, your breach of these Terms, or your violation of the rights of any third party.
By using the Site or Services, you consent to receive electronic communications from us. You agree that any agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You waive any rights or requirements under any statutes, regulations, or laws that require a non-electronic signature or delivery of records.
We reserve the right to suspend or terminate your access to the Site and Services at any time, without notice, for any reason, including but not limited to a breach of these Terms. Upon termination, your right to use the Site and Services will immediately cease.
We reserve the right to modify, suspend, or discontinue the Site or Services at any time without notice. You agree that Web Design and Rank shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Site or Services. While we strive to ensure the Site remains available at all times, we cannot guarantee uninterrupted access. You acknowledge that the Site may experience interruptions, delays, or errors that could affect availability, and Web Design and Rank will not be liable for such interruptions.
These Terms of Service and your use of the Site and Services are governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. You agree that any disputes arising under these Terms will be resolved exclusively in the state or federal courts located in Texas.
In an effort to resolve disputes amicably, both parties agree to first attempt to negotiate any disputes informally for at least thirty (30) days before initiating arbitration. If informal negotiations fail, disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association. Any arbitration will take place in Texas, and the arbitration proceedings shall be confidential.
These Terms represent the entire agreement between you and Web Design and Rank regarding the use of the Site and Services. If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect. No waiver of any provision shall be deemed a waiver of any other provision, nor shall a waiver of a breach of any provision be deemed to be a waiver of any subsequent breach.
If you have any questions, concerns, or comments regarding these Terms of Service, you may contact us at:
Web Design and Rank
Email: info@webdesignandrank.com
Celina, Texas 75009
