Terms & Conditions

The following terms and conditions govern all use of the jamesfmorreale.co.uk website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by JFM (James F Morreale) (“JFM”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, JFM’s Privacy Policy) and procedures that may be published from time to time on this Site by JFM (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by JFM, acceptance is expressly limited to these terms.

User Account Registrations

If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and JFM may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause JFM liability. You must immediately notify JFM of any unauthorized uses of your blog, your account or any other breaches of security. JFM will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Payment and Renewals

General Terms

By selecting a product or service, you agree to pay JFM the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.

Automatic Renewal

Unless you notify JFM before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to JFM in writing.

Services

Service Charge, Fees & Payments

By signing up for a Services account you agree to pay JFM the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. JFM reserves the right to change the payment terms and fees upon Thirty (30) Working Days prior written notice to you. Services can be canceled by you at anytime on Thirty (30) Working Days written notice to JFM.

Support

If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by JFM to respond within One Working Day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free jamesfmorreale.co.uk services. All support will be provided in accordance with JFM standard services practices, procedures and policies.

Your Responsibility When Using Our Website

JFM has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, JFM does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. JFM disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which jamesfmorreale.co.uk links, and that link to jamesfmorreale.co.uk. JFM does not have any control over those non-JFM websites and webpages, and is not responsible for their contents or their use. By linking to a non-JFM website or webpage, JFM does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. JFM disclaims any responsibility for any harm resulting from your use of non-JFM websites and webpages.

Copyright Infringement and DMCA Policy

As JFM asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by jamesfmorreale.co.uk violates your copyright, you are encouraged to notify JFM in accordance with JFM’s Digital Millennium Copyright Act (“DMCA”) Policy. JFM will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. JFM will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of JFM or others. In the case of such termination, JFM will have no obligation to provide a refund of any amounts previously paid to JFM.

Intellectual Property

This Agreement does not transfer from JFM to you any JFM or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with JFM. JFM, jamesfmorreale.co.uk, the jamesfmorreale.co.uk logo, and all other trademarks, service marks, graphics and logos used in connection with jamesfmorreale.co.uk, or the Website are trademarks or registered trademarks of JFM or JFM’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any JFM or third-party trademarks.

Partner Products

By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.

Domain Registration (Paid & Inclusive Offers)

If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), Nominet (UK) and their Registration Rights and Responsibilities, which can be read via their policies pages online at ICANN Policies and Nominet Policies.

Changes

JFM reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. JFM may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination of Services

JFM may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your jamesfmorreale.co.uk account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by JFM if you materially breach this Agreement and fail to cure such breach within Thirty (30) Working Days from JFM’s notice to you thereof; provided that, JFM can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

Our Website, JFM and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither JFM nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will JFM, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to JFM under this agreement during the Twelve (12) Month period prior to the cause of action. JFM shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the JFM Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless JFM, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including Solicitors’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between JFM and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of JFM, or by the posting by JFM of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Bognor Regis, United Kingdom, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in United Kingdom. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules.

The arbitration shall take place in United Kingdom, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and Solicitors’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; JFM may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Terms Updated 30th June 2018

If you require further explanation please email our Compliance Team here.