Terms and Conditions
Welcome to Aceo Design Lab! These Terms and Conditions govern your use of our website design, building, and hosting services for small businesses in North Carolina, United States. By accessing or using our services, you agree to comply with these Terms and Conditions. Please read them carefully.
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1. Services
We provide website design, building, and hosting services for small businesses in North Carolina. These services may include but are not limited to creating and hosting a website, providing technical support, and maintenance.
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2. Your Acceptance of this Agreement
This legally binding agreement is formed between you as the user, and Aceo Design Lab, the company, which may also be referred to as "we," "our," or "us." The complete set of terms and conditions presented here, along with any supplementary documents explicitly referenced (collectively termed the "Terms of Service"), regulate your access to and utilization of the website http://www.aceolab.com. This includes any content, features, and services made available through the website (referred to as the "Website"). Under these Terms of Service, we offer the following service: Website Hosting Plans (jointly referred to as "Services").
Before commencing your use of the Website, it is crucial that you carefully read through the entirety of the Terms of Service. By accessing and using the Website, or by explicitly indicating your acceptance or agreement to the Terms of Service when prompted, you are acknowledging that you agree to be bound by and comply with these Terms of Service, as well as our Privacy Policy, which is incorporated by reference. If you do not wish to accept these Terms of Service, you must refrain from accessing or using the Website.
To use this Website, you must be at least 13 years of age. However, children of any age may be permitted to use the Website if enabled by a parent or legal guardian. If you are under the age of 18, you are representing that you have obtained permission from your parent or guardian to use the Website. In such cases, it is recommended that the parent or guardian reads these Terms of Service alongside you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Website, you are thereby subject to the terms outlined in these Terms of Service and are responsible for your child's activities on the Website.
BY ACCESSING AND USING THIS WEBSITE, YOU ARE:
ACCEPTING AND AGREEING TO BE BOUND BY AND COMPLY WITH THESE TERMS OF SERVICE;
REPRESENTING AND WARRANTING THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND, YOU AGREE THAT IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK.
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3. Updates to Terms of Service
We reserve the sole discretion to revise and update these Terms of Service from time to time. Any changes made will take effect immediately upon being posted, and will apply to all subsequent access to and use of the Website.
By continuing to use the Website or making any subsequent purchases after the posting of revised Terms of Service, you are indicating your acceptance and agreement to the changes made. It is expected that you will review this page each time you access the Website to ensure you are aware of any changes, as they will be legally binding upon you.
4. Your Responsibilities
It is your duty and obligation to ensure that every individual who gains access to the Website is made aware of the existence of this Agreement and adheres to its terms and conditions. It is a prerequisite and requirement for your utilization of the Website that the totality of information you provide on the Website is accurate, up-to-date, and comprehensive, lacking no essential details. YOU BEAR THE SOLE AND COMPLETE RESPONSIBILITY FOR YOUR USAGE OF THE WEBSITE, AS WELL AS THE SECURITY OF YOUR COMPUTER, INTERNET CONNECTION, AND DATA.
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5. Prohibited Activities
You are permitted to employ the Website solely for lawful purposes and in strict accordance with these Terms of Service. You hereby agree not to utilize the Website:
In any manner that contravenes or violates any applicable federal, state, local, or international law or regulation (including, but not limited to, any laws governing the exportation of data and software to and from the United States or other countries).
With the intent or purpose of exploiting, harming, or attempting to exploit or harm minors in any way whatsoever, whether by exposing them to inappropriate content, soliciting personally identifiable information from them, or through any other means.
To transmit, knowingly receive, upload, download, utilize, or re-utilize any material that fails to comply with the Submission Standards outlined in these Terms of Service.
To transmit or facilitate the transmission of any advertising or promotional material, including but not limited to any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other persona or entity (including, but not limited to, by using email addresses associated with any of the aforementioned).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which, as determined by us, may cause harm to the Company or users of the website, or expose them to liability.
Additionally, you agree not to:
Utilize the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.
Employ any robot, spider, or other automatic device, process, or means to access the Website for any purpose whatsoever, including monitoring or copying any of the material on the Website.
Employ any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
Utilize any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
6. Intellectual Property Rights
The Website in its totality, encompassing all of its contents, features, and functionalities, including but not in any way limited to all information, software, text, visual displays, images, video, and audio elements, as well as the overarching design, selection, and arrangement thereof, is the property owned by the Company itself, its licensors who have granted it certain rights, or other providers of such substantive material. This comprehensive intellectual property is safeguarded and shielded by the laws governing intellectual property rights and proprietary ownership that are enacted in the United States of America as well as on an international scale across numerous countries and jurisdictions. These legal protections include but are not restricted solely to copyright law, trademark law, patent law, trade secret regulations, and any other relevant intellectual property or proprietary rights legislation.
These presently articulated Terms of Service grant and bestow upon you, the user, authorization permitting your use of the Website exclusively for personal purposes of a non-commercial nature. You are strictly forbidden and prohibited from engaging in any activities involving the reproduction, distribution, modification, derivation of new works, public displaying, public performance, republication, downloading with intent to store permanently, or transmission of any of the substantive material present on our Website, except within the following delineated and circumscribed exceptions:
Your personal computing device may temporarily store transitory copies of such material within its random access memory, incidental to and arising from your access and viewing of those digital materials.
The web browsing software application installed on your computing device may automatically cache and store temporary files containing website data for the purpose of enhancing the display performance of visual elements.
You are permitted to either print or download a single copy of a reasonable quantity of pages from the Website, provided this is solely for your own personal, non-commercial purposes, and not for any further reproduction, publication or distribution beyond your private use.
In the circumstance that we, the Company, choose to provide desktop, mobile or other application software for download, you may download a singular instance of such an application to either your computer system or mobile device, provided this is solely for your personal, non-commercial purposes. However, this permission is contingent upon your explicit agreement to be bound by our End User License Agreement that governs the use of such applications.
You are absolutely prohibited from:
Modifying or altering any copies of materials originating from this Website.
Deleting or permuting any copyright notices, trademark designations, or any other notices of proprietary rights from any copies of materials obtained from this Website.
You are not permitted to access or make use of any portion of the Website, inclusive of any services or materials made available through the Website, for any purposes of a commercial nature whatsoever.
If you undertake to print, copy, modify, download or otherwise utilize or provide any other party with access to any component of the Website in violation of these Terms of Service, your legal right and permission to make use of the Website shall be immediately and summarily terminated. Additionally, at our discretion, you may be compelled to verifiably return or demonstrably destroy any copies of materials you produced from the Website's content. No rights, ownership titles, or interests of any kind in or relating to the Website or any content contained therein is transferred to you under any circumstances, and any rights not explicitly granted to you are exclusively reserved by the Company. Usage of the Website in any manner not expressly permitted by these Terms of Service constitutes a breach of these Terms and may result in violations of copyright law, trademark legislation, and other applicable statutes and regulations.
7. Our Rights
We, the Company, reserve the right, without any obligation to provide prior notice, to undertake the following actions:
Initiate appropriate legal action, including but not limited to referring the matter to law enforcement or regulatory authorities for their involvement, cooperating with such authorities, or notifying any parties harmed by illegal or unauthorized use of the Website.
Terminate or suspend your access, either in part or in its entirety, to the Website for any reason whatsoever, including but not limited to any violation of these Terms of Service.
YOU HEREBY WAIVE AND HOLD HARMLESS THE COMPANY, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS ARISING OUT OF OR RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS CONDUCTED EITHER BY THE COMPANY ITSELF OR BY LAW ENFORCEMENT AUTHORITIES.
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8. Third-Party Links and Content
For the sake of your convenience, this Website may, at our discretion, provide links or pointers to websites operated by third-parties or to content created by third-parties. We make no representations whatsoever regarding any other websites or third-party content that may potentially be accessed from this Website. If you choose to access any such external sites, you do so at your own risk and sole responsibility. We exercise no control over third-party content or third-party sites, and we accept no liability or responsibility for the content, operation or consequences of visiting such sites or accessing such third-party content. Any loss or damage that may arise from your use of third-party sites is entirely your own risk. You are subject to any terms and conditions governing the use of such third-party sites.
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9. Software
By undertaking the action of downloading our software, you expressly acknowledge and agree to be bound by our End User License Agreement ("EULA"). The stipulated terms delineated in the EULA shall govern your authorized use of the software.
10. Mobile Application
By utilizing our mobile application, you hereby acknowledge and agree to be bound by our End User License Agreement ("EULA"), as well as the following additional terms and conditions:
In the event that the mobile application fails to conform to or satisfy any applicable warranty, you may provide notification to the relevant application distributor through which you obtained the app. The application distributor may then, at their discretion and in accordance with their own terms and policies, issue a refund for any applicable purchase price paid for the application. However, to the maximum extent permitted by applicable law, the application distributor shall have no other warranty obligation or liability with respect to the mobile application beyond a potential refund;
You represent and warrant that (i) you are not physically located in a country that is currently subject to a trade embargo imposed by the United States government, or that has been officially designated by the United States government as a "terrorist-supporting" country, and (ii) you are not listed as a prohibited or restricted party on any list maintained by the United States government;
You must comply with and abide by any applicable third-party terms of service when making use of the mobile application; and
You acknowledge and agree that the application distributors through which the mobile app is made available are intended third-party beneficiaries of the terms and conditions contained within this mobile application license section of these Terms of Service. Furthermore, each application distributor shall retain the right to enforce the terms and conditions stipulated in this mobile application license section of these Terms of Service against you directly as a third-party beneficiary thereof.
11. Online Orders
Any and all orders, purchases or transactions involving the sale of goods, digital products, or information made by utilizing this Website are subject to the following additional terms and conditions pertaining to such sales:
You are prohibited from ordering or obtaining any goods, digital products or information from this Website if: (i) you are legally barred from accessing or using this Website or any of its contents, goods, digital products or information by applicable laws or regulations; or (ii) you are located outside the geographic region where the goods, digital products or information are lawfully available for purchase.
You agree and acknowledge that your order constitutes a binding offer to purchase, under the purview of these Terms of Service, all goods, digital products, or information listed and specified in your order. We are under no obligation to sell such goods, digital products or information to you until and unless we accept all orders placed. We reserve the sole discretion to decline acceptance of any orders, even after sending you a confirmation email containing your order number and details of the items you have ordered.
All prices, discounts, and promotional offers posted on this Website are subject to change without prior notice. The price and currency charged for any good, digital product or information will be the price and currency advertised on this Website at the time the order is placed, subject to the applicability of any promotions or discounts that may be in effect. The price and currency to be charged will be clearly displayed in your shopping cart before you confirm your purchase. Price increases will only apply to orders placed after the time such an increase takes effect. Posted prices do not include taxes or charges for shipping and handling. All such additional taxes and charges will be added to your total pricing and will be itemized in your shopping cart as well as in your order confirmation email. While we strive to display accurate pricing information, inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability may occasionally occur. We reserve the right to correct any such errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
In instances where an order indicates a license is being purchased:
All uses on this Website of terms such as "sell", "sale", "resell", "resale", "purchase", "price", and similar terminology imply the purchase or sale of a license.
You will comply with all terms and conditions outlined in the applicable license Terms of Service for any goods, digital products or information you obtain through this Website. Furthermore, you will not cause, induce, or permit others to violate the terms and conditions of any license Terms of Service pertaining to such goods, digital products or information.
Except for the limited license expressly granted under the relevant license Terms of Service, nothing in these Terms of Service conveys any right, title, or interest in or to (including any license under) any intellectual property rights relating to the good, digital product or information, whether such rights are granted expressly, by implication, estoppel, or otherwise. All right, title, and interest in and to the good, digital product or information are and shall remain the property of the Company or its licensors, as applicable.
12. Payment and Fees
It may be required that you make a monetary purchase or remit a fee in order to gain access to certain of our services offered. We accept various methods of payment for all purchases transacted through this Website. However, the Company cannot guarantee nor assure the perpetual availability of any particular payment method at any given moment, and the Company retains the exclusive right to introduce new payment options, remove existing ones, or suspend the acceptance of any payment method on either a temporary or permanent basis, exercising this prerogative at the Company's sole discretion without need for justification. You hereby agree to furnish current, complete, and accurate information pertaining to purchases and accounts for all acquisitions effectuated via this Website. Moreover, you commit to expeditiously updating any such account and payment data, inclusive of electronic mail address, payment method particulars, and expiration date of payment cards, as needed to facilitate the consummation of your purchases and enable us to contact you when requisite.
Any applicable taxes levied on sales shall be supplementally added to the specified purchase price, as deemed obligatory by our determination. We reserve the right to implement pricing alterations at any juncture, without prior notification. The currency in which all payments must be tendered shall be the same legal tender as advertised on the Website in relation to the specific good or service procured.
You accede to remit payment for all charges or fees at the prices in effect at the time of effectuating your purchases, and you therewith authorize us to charge your selected payment provider for any such amounts upon your completion of the purchase transaction.
We retain the right to rectify any errors or mistakes in pricing, even in circumstances where we have already solicited or received payment. Additionally, we reserve the right to deny and refuse any order placed through the Website, exercising this discretion unilaterally.
13. Disclaimers, Liability and Indemnification
You understand and agree that your use of the Website, its content, and any goods, digital products, services, information or items found or attained through the Website is entirely at your own risk. The Website, its content, and any goods, services, digital products, information or items found or attained through the Website are provided on an "as is" and "as available" basis, without any warranties or conditions of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
You acknowledge and agree that the Company or its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors make no warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the Website or its contents, or that any goods, services, digital products, information or items found or attained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Website or the server that makes it available or content are free of viruses or other harmful components or destructive code.
How We Limit Our Liability to You
Except where such exclusions are prohibited by law, in no event shall the Company nor its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable under these Terms of Service to you or any third-party for any consequential, indirect, incidental, exemplary, special, or punitive damages whatsoever, including any damages for business interruption, loss of use, data, revenue or profit, cost of capital, loss of business opportunity, loss of goodwill, whether arising out of breach of contract, tort (including negligence), any other theory of liability, or otherwise, regardless of whether such damages were foreseeable and whether or not the Company was advised of the possibility of such damages.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms of Service or your use of the Website, including, but not limited to, third-party sites and content, any use of the Website's content and services other than as expressly authorized in these Terms of Service, or any use of any goods, digital products and information purchased from this Website.
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14. Privacy Policy
Your action of furnishing personal information via the Website is regulated by our privacy policy accessible at https://www.aceolab.com/privacy-policy, designated as the "Privacy Policy."
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15. Governing Law
The operation of the Website and the stipulations within these Terms of Service shall be overseen by and interpreted in accordance with the statutes of the State of North Carolina, along with any pertinent federal regulations applicable therein, without regard to any preferences or conflicts of legal statutes, principles, or norms, notwithstanding your legal domicile, residency, or physical location. Any legal action or proceeding arising from or pertaining to this Website and/or in connection with these Terms of Service shall be initiated in the judicial courts of the State of North Carolina, and each party irreversibly consents to the exclusive jurisdiction of such courts in any such legal action or proceeding. You relinquish any and all objections to the exercise of legal authority over you by such courts and to the designated venue of such courts. In the event that you are a citizen of any European Union member country, Switzerland, Norway, or Iceland, the applicable governing law and legal forum shall be in accordance with the laws and judicial bodies of your customary place of residence. The involved parties mutually agree that the United Nations Convention on Contracts for the International Sale of Goods shall not dictate these Terms of Service or the entitlements and responsibilities of the parties under these Terms of Service.
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16. Severability
In the event that any provision within these Terms of Service is deemed unlawful or unenforceable under relevant legislation, the remainder of the provision shall be adjusted to replicate, as closely as possible, the effect of the original term, and all remaining provisions within these Terms of Service shall persist in full force and effect.
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17. Entirety of Terms of Service
These Terms of Service stand as the sole and comprehensive agreement between the involved parties regarding their subject matter, supplanting and nullifying all preceding or concurrent Terms of Services, commitments, arrangements, understandings, or declarations of any kind, whether verbal or written (and, if written, regardless of whether in draft form), concerning such subject matter. Each party acknowledges that they do not base their decisions on any statements, assurances, or representations made by any party involved regarding the subject matter of these Terms of Service, except those expressly delineated within these Terms of Service, and that they possess no entitlements or remedies regarding such subject matter beyond those outlined within these Terms of Service, except to the extent that they stem from fraud or fraudulent misrepresentation perpetrated by another party. No modification to these Terms of Service shall hold sway unless it is in written form and endorsed by or on behalf of the Company.
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18. Waiver
The absence of action or delay in action by either party regarding any right or authority stipulated herein shall not constitute a waiver of said right or authority, nor shall any singular or partial exercise of any right or authority herein inhibit further exercise of that or any other right herein.
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19. Social Media Integration
The websites created by us may incorporate links to the client's social media profiles, or the content from the client's social media accounts may be integrated into the website. We explicitly disclaim responsibility for the content or actions on these social media platforms.
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20. Recurring Subscription Fees
Certain services provided by us may necessitate the payment of recurring subscription fees. By availing yourself of these services, you expressly agree to the periodic payment of the applicable fees as delineated within your subscription plan.
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21. Free Trial, Promotion Code, Coupon
On occasion, we may extend offers of free trials, promotion codes, or coupons for our services. These offers are contingent upon the terms and conditions explicitly outlined at the time of the offer and are subject to potential alteration or cessation at our sole discretion.
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22. Payment Methods
We facilitate payments through various methods including Credit Card, Paypal and Apple Pay. By engaging in a purchase or subscribing to our services, you warrant to furnish precise and comprehensive payment details.
23. No Refund
Unless specifically stated otherwise in writing by Aceo Design Lab, all payments made are non-refundable. Any potential refunds are at the sole discretion of our company.
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24. Arbitration Clause
Any dispute arising from or in connection with these Terms and Conditions or the utilization of our services shall be resolved through binding arbitration conducted by a mutually agreed-upon arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
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25. User Accounts and Content
Users have the ability to establish accounts on the websites we construct. By contributing content to the website, you grant us a non-exclusive, royalty-free, global, perpetual license to utilize, modify, adjust, publish, translate, distribute, and exhibit such content.
26. Notification
We reserve the right to furnish any notification to you under these Terms of Service by: (i) dispatching a message to the email address provided by you and consented to by us; or (ii) by publishing said notification on the Website. Notifications dispatched via email will be deemed effective upon transmission, while those provided through publication on the Website will be deemed effective upon posting. It remains your responsibility to maintain the accuracy and currency of your email address.