These terms apply to your use of all our sites products and services provided through our hosts. You are agreeing to our terms of service by accessing our site and or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). We may update or add on to our Services at any time without any notice and this Agreement will apply to any changes.
“You” means any individual or entity using our Services for yourself or on behalf of another and you are authorized to accept the Agreement on that person’s or entity’s behalf and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible for any breach and or violations of this agreement at any time for any reason.
You agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may limit your access to our Services until we’re able to verify your account information, like your email address. When you create an account with us, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about our goods and services. You can opt out through an email.
You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. If you get fired because of a blog post you write about your boss, that’s on you.
We expect you to govern yourself honorably on our site in any shape or manner. Notify us immediately of any unauthorized uses of your account or store, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.
AGE REQUIREMENTS – DO NOT use our Services if you’re underage according to the laws of your country. If you register as a user or otherwise use our Services, you represent that you’re at least 13 or 16 in Europe. You may use our site and services if you can legally form a binding contract with us. If you are underaged, you can only use our site under the supervision of a parent or legal guardian who agrees to the Agreement.
We’re not responsible for any use or content of individual parties using this site. So, for example:
- We don’t have any control over third-party stores.
- A link to or from one of our Services does not represent or imply that we endorse any third-party website or store content.
- We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
- You’re fully responsible for the Content available on your store, and any harm resulting from that Content. It’s your responsibility to ensure that your website’s Content abides by applicable laws and by the Agreement.
- We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Any Content that’s for sale through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.
E. Fees, Payment, and Renewal
Fees for Paid Services. By using a Paid Service, you agree to pay the specified fees, one-time fees, recurring fees, or revenue-based fees. For recurring fees, we’ll bill or charge you in the automatically and or at renewing interval (such as monthly, quarterly, semi-annually, or annually) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting us. For revenue-based fees you pay us a percentage of the revenue your store generates via product and or service sales. Revenue-based fees are continual. Listing costs are .10 cents at initial posting and quarterly renewal. Merchant payment processing costs are the current cost established by the merchant payment processing companies. Transaction fees are 5% of the product or service only. Shipping costs do not have transaction fees. Advertisement fees are for those advertisement initiated by you only and and terminated upon request as is applicable.
Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment.
Payment. If your payment fails, Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you.
Automatic Renewal. Recurring fees are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to use any payment mode we have on record for you, or invoice you to all applicable fees as well as any taxes. By default, your Paid Services will be renewed for the same interval. For example, your listed products and or services unless specified elsewhere, will automatically be renewed for another 3-month period. We may charge your account up to one month before the renewal effective date. The date for the automatic renewal is based on the date of the original listing or purchase and cannot be changed.
Cancelling Automatic Renewal. You can manage and cancel your recurring fees . by simply deactivating the products with the associated fees.
Fees and Changes. We will advise at least three (3) months in advance if there are changes in our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you may discontinue the listed products.
Refunds. We may have a refund policy for certain services and will provide refunds according to and as required by law. In all other cases, there are no refunds and all payments are final.
Automatic Renewal. Any recurring payments you make are automatically renewed.
When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.
G. General Representation and Warranty
You represent and warrant that your use of our Services:
- Will be in strict accordance with the Agreement;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of Automattic or any third party;
- Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
- Will not disclose the personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network;
- Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
- Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
- Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
H. Specific Service Terms
If you use Ecommerce Services, the terms in this subsection apply, along with the terms for any underlying Service that you use.
Your responsibilities. You have control over your store and are solely responsible for all of your ecommerce activities, managing your store, all applicable taxes and fees, and compliance with any applicable laws (such as those relating to automatic renewal). Among other things, this means that:
- We’re not involved in your relationships or transactions with any customer or potential customer.
- You may only use Ecommerce Services for legitimate transactions with your customers.
- You must accurately communicate transaction details; set expectations appropriately; and fulfill all promises, representations, or warranties you’ve made. For example, if you’d like to offer subscribers a new post each week for contributing to your site via Payments, but aren’t sure if you’ll be able to post that frequently, you should be clear that weekly posts are a goal and not a guarantee.
- You’re responsible for the nature and quality of the products or services you provide, and for delivery, support, refunds, returns, providing any appropriate warnings and for any other ancillary services you provide to your customers.
- You’re responsible for resolving all support questions, comments, and complaints, including chargebacks and pricing questions. You must provide contact information so customers can contact you with questions or complaints.
- You must maintain a fair return, refund, cancellation, or adjustment policy, and clearly explain how customers can request a refund.
- You’re responsible for acquiring appropriate consent to submit charges through WooCommerce Payments on your customers’ behalf, giving customers confirmation or receipts for each charge, verifying customers’ identities, and determining a customer’s eligibility and authority to complete transactions.
- If you believe that a transaction may be erroneous or suspicious, you should research the transaction and, if necessary, contact your customer before fulfilling or completing the transaction.
- If you have transactions with individuals (i.e., consumers), you specifically agree to provide consumer disclosures required by law, and to not engage in unfair, deceptive, or abusive acts or practices.
- You’re financially liable for disputes (including chargebacks), refunds, reversals, or fines that arise from your use of Ecommerce Services.
- You must ensure that any information you provide about your business, products, and services is accurate, complete, and current.
- You agree to promptly notify us via email if you receive any inquiry or action from a government or regulatory agency (such as the Federal Trade Commission or a state Attorney General) relating to your transactions.
Prohibited Uses. You may not use Ecommerce Services for any unlawful purposes; in furtherance of illegal activities; or in a manner that is unfair, deceptive, exposes us or customers to unreasonable risks, or does not disclose important terms of a transaction in advance. Among other things, this means that:
- Ecommerce Services cannot be used in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC).
- If you’re using Ecommerce Services on WordPress.com, you must observe all WordPress.com User Guidelines and Store Guidelines.
- If you’re using Ecommerce Services to sell CBD and other hemp-derived products via WooCommerce, you must follow the WooCommerce Guidelines for CBD and Other Hemp-Derived Products.
We may terminate your access to our Services or force refunds (where possible) to your subscribers and customers without notice to you if we determine (in our sole discretion) that your use violates the Agreement, or if a payment processor or regulatory authority requires it.
If you have a negative account balance (for example because of fraud, chargebacks, or other operational issues) or we’re obligated to pay or collect any fees relating to your ecommerce activities or your use of Ecommerce Services, you’re responsible for those losses and fees, and we may collect payment for those losses and fees.
Tax Calculations. You’re responsible for payment of all applicable Taxes relating to your ecommerce activities and your use of Ecommerce Services. You must collect, report, and/or pay the correct amounts to the appropriate authorities if applicable, and if needed, tell your customers about any Taxes they may be required to pay and issue appropriate invoices. While some Ecommerce Services allow you to include sales taxes in transactions — for example, tax calculations may be provided by TaxJar — you shouldn’t rely solely on these features. We work to keep our documents and tools up-to-date, but tax laws change rapidly; and we can’t guarantee that tax calculations you receive through or in connection with our Services are complete and accurate. Tax laws also differ from jurisdiction to jurisdiction and may be interpreted differently by different authorities. We recommend consulting with a tax professional for your specific tax situation to assess the tax rates you should charge.
More on Shipping Services Specifically. Our shipping Services allow you to check shipping rates or buy shipping labels from certain mailing services, like UPS, USPS and DHL. We’re only an intermediary between you and these third parties; we aren’t involved in any way with your product or its shipment. We also don’t guarantee that the results you obtain from the use of these services (like rates, labels, or delivery timeframes) will be accurate or reliable.
You’re solely responsible for compliance with all applicable rules and regulations, including domestic and international shipping and customs regulations and any regulations imposed by the mailing service(s) you use. For example:
- If you use USPS postage, you need to comply with their shipping restrictions and mailing standards, among others.
- When using DHL’s services, you are responsible for compliance with all applicable DHL rules and terms, such as the DHL Express Terms and Conditions of Carriage.
In addition, you’re solely responsible for customs charges, import taxes or duties, and any other charges related to your shipments. If we incur any charges as a result of your use of the shipping services, you agree to reimburse us for the full amount within 7 days.
In some cases, you may need to pay fees to the carrier directly, like if you use UPS shipping labels. In other cases, you authorize us to charge you for the fees associated with each shipping label you create. Each fee will be charged separately to the payment methods you provide in your WordPress.com account, which you can view and manage as described on the Payments Methods support page. If you have multiple payment methods, you can select which should be used for the shipping label service. If we’re unable to collect payment from you for these fees, you’ll be responsible for payment within 7 days; please contact us to make payment.
Refunds for unused shipping labels must be requested (like so for USPS) in your store’s wp-admin within 30 days of creating the label. Depending on your bank and the third party involved, it can take up to 45 days for your refund to be issued. If you don’t receive your refund within this time frame, please contact us.
I. Copyright Infringement
As we ask others to respect our intellectual property rights as we strive to respect the intellectual property rights of others. If you believe any content violates your rights please send us a notice.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any the Agreement or any Automattic policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, restrict the resources your website uses, or terminate your access to the Services, if we believe your website’s storage or bandwidth usage burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.
You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.
K. Arbitration Agreement
Any dispute arising under the Agreement shall be finally settled in accordance with the Arbitration Rules of the State of Florida.
L. US Economic Sanctions
You may not use the Services if such use is inconsistent with U.S. sanctions law or if you are on any list maintained by a U.S. government authority relating to designated, restricted use.
These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The agreement together with any other terms we provide that apply constitutes the entire agreement between us and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach.