Terms and Conditions
Effective Date: 04/01/2024
Welcome to Effortless Web Works, LLC (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website, products, and services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
1. Acceptance of Terms and Retroactive Application
By accessing and using our Services, you accept and agree to be bound by these Terms, including their retroactive application to all Services provided by Effortless Web Works, LLC. These Terms apply to all clients, whether current or past, and govern any and all interactions with us. We reserve the right to change or modify these Terms at any time without prior notice. Your continued use of the Services following any such changes constitutes your acceptance of the new Terms.
2. Services Provided
Effortless Web Works, LLC provides digital marketing and web design services, including but not limited to, website development, SEO optimization, content creation, social media management, and online advertising campaigns. All Services are provided “as is” and “as available” without any warranties of any kind, either express or implied.
3. User Responsibilities
You must be at least 18 years old to use our Services. You agree to use the Services only for lawful purposes and in accordance with these Terms. You are responsible for maintaining the confidentiality of any account information, including usernames and passwords, and for all activities that occur under your account. You agree to provide accurate and complete information when requested by us to facilitate the provision of our Services.
4. Payment Terms
All fees for our Services are due and payable at the time of purchase or as otherwise agreed upon in a written or verbal contract. Payments are processed through our secure payment gateway. You agree to provide accurate and complete payment information. For ongoing services, payments will be billed on a recurring basis as outlined in your specific service agreement.
5. No Refund Policy
All sales are final. There are no refunds for any Services purchased from Effortless Web Works, LLC. By purchasing our Services, you acknowledge and agree that you are not entitled to a refund, under any circumstances.
6. Intellectual Property
All content, trademarks, logos, and other intellectual property displayed on the Services are the property of Effortless Web Works, LLC or their respective owners. You may not use, reproduce, or distribute any content from our Services without our prior written permission. Any work product created for you as part of our Services remains our intellectual property until full payment has been received.
7. Client Content
You are responsible for the accuracy, quality, and legality of any content provided to us for use in our Services. You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display any content provided by you for the purpose of providing our Services.
8. Limitation of Liability
To the maximum extent permitted by law, Effortless Web Works, LLC shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, revenue, data, or use, incurred by you or any third party, whether in an action in contract, tort, or otherwise, arising from your access to, or use of, our Services. Effortless Web Works, LLC does not guarantee the accuracy, completeness, or usefulness of any information provided through the Services.
9. Indemnification
You agree to indemnify, defend, and hold harmless Effortless Web Works, LLC, its affiliates, and their respective officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Services.
10. Termination
We reserve the right to terminate or suspend your access to the Services at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason.
11. Arbitration Agreement
All disputes, claims, or controversies arising out of or relating to these Terms, the Services provided by Effortless Web Works, LLC, or any other aspect of your relationship with us, shall be resolved exclusively through final and binding arbitration. This arbitration agreement applies retroactively to any claim that you may have against Effortless Web Works, LLC, or its affiliates, employees, agents, or contractors, including claims related to past services. Waiver of Jury Trial: By agreeing to this arbitration clause, you and Effortless Web Works, LLC are waiving the right to a trial by jury or to participate in a class action. Arbitration Process: The arbitration will be administered by the American Arbitration Association (AAA) under its rules. The arbitrator’s decision will be final and binding. Location: The arbitration shall take place in Olympia, Washington, unless both parties agree otherwise. Costs: Each party will be responsible for its own arbitration costs and fees.
12. Limitation of Remedies
To the maximum extent permitted by law, the only remedy available to you for any claims or disputes arising out of or related to our Services shall be limited to the total amount of fees you paid to Effortless Web Works, LLC for the specific service that is the subject of the dispute.
13. No Class Actions
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You further agree that you may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action.
14. Governing Law and Exclusive Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A., without regard to its conflict of law provisions. Any arbitration under these Terms shall take place in Olympia, Washington.
15. Revisions and Errata
The materials appearing on Effortless Web Works’s Website may include technical, typographical, or photographic errors. Effortless Web Works, LLC does not warrant that any of the materials on its Website are accurate, complete, or current. Effortless Web Works, LLC may make changes to the materials contained on its Website at any time without notice. However, Effortless Web Works, LLC does not make any commitment to update the materials.
16. Links
Effortless Web Works, LLC has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by Effortless Web Works, LLC of the site. The use of any linked website is at the user’s own risk.
17. Site Terms of Use Modifications
Effortless Web Works, LLC may revise these Terms of Use for its Website at any time without prior notice. By using this Website, you are agreeing to be bound by the current version of these Terms and Conditions of Use.
18. Privacy Policy
Please read our Privacy Policy.
19. Retroactive Coverage
These Terms and Conditions apply retroactively to all Services provided by Effortless Web Works, LLC, including those provided prior to the effective date. By continuing to use our Services, past and current clients agree to be bound by these updated Terms. This retroactive application includes, but is not limited to, the arbitration agreement, liability limitations, and indemnification provisions.
Privacy Policy
Your privacy is important to us. This Privacy Policy outlines the types of information we collect and how we use it. Information Collection We collect information to provide better services to our users. This information may include: Log Files: We collect data such as IP addresses, browser types, and pages visited. Cookies: We use cookies to store information about visitor preferences and to optimize user experience. Use of Information The information we collect is used to improve our services, personalize content, and analyze user behavior. We do not sell or share your personal information with third parties except as required by law or as necessary to provide our services. Third-Party Links and Services Our website may include links to third-party websites. We are not responsible for the privacy practices or content of these sites. We encourage you to read the privacy policies of any third-party sites you visit. Children's Privacy We do not knowingly collect personal information from children under the age of 13. If you believe that we have collected such information, please contact us, and we will take steps to delete it. Consent By using our website, you consent to our Privacy Policy and agree to its Terms and Conditions. Contact Information For more information about our privacy practices, please contact us at: Effortless Web Works, LLC Email: [email protected] Phone: 458-666-5431