This document sets forth your legal agreement with M2 Development, LLC and its agents and affiliates (collectively, “M2”). As used herein, “We”, “us” or “our” means M2, and “You” or “your” refers to you. Your use of any M2 websites or services (collectively, “Services”) that reference these terms, and M2’s products, software, code, associated documentation, content files, libraries, drivers, patches and fonts (collectively, “Software”) is subject to these Terms of Use, and you hereby acknowledge that you have read and agree to these Terms of Use.
Additional Terms
Some services, products or software may also be subject to additional or different terms (the “Additional Terms”), which shall incorporate these Terms of Use by reference. If there is any conflict in between these Terms of Use and the Additional Terms, then the Additional terms take precedence in relation to that Service or Software. These Terms of Use and any applicable Additional Terms may be referred to herein as “Terms”.
Modification
We may modify the Terms at any time and in our sole discretion by posting a change notice or revised agreement on the [terms of use link] or by sending notice of such modification to you by email to the email address then-currently associated with your account. Your use of the Services and Software is subject to the current or most recent version of the Terms at the time of such use. Modifications may include, but are not limited to, changes to the license, pricing, payment procedures, and other requirements. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE USE OF THE SERVICES OR SOFTWARE. YOUR CONTINUED USE OF THE SERVICES OR SOFTWARE FOLLOWING THE EFFECTIVE DATE OF ANY MODIFICATION WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF SUCH MODIFICATION.
Acceptance of Terms
You may not use the Services or Software if you do not agree to the Terms. You may accept the Terms by purchasing any of M2’s products or Software, by using the Services or Software in any way, or by merely browsing the Services. You may not use the Services if (a) you are prohibited by Law from receiving or using the Services, (b) you are not fully able and competent to enter into a binding contract with M2, such as if you are not of legal age or have not obtained parental consent.
In particular, unless expressly stated otherwise in the Additional Terms for any given Service or Software, you affirm that you are over the age of 13 and acknowledge that these Services were not intended for children under 13. M2 may require you to provide consent to the updated Terms before further use of the Services or Software is permitted. Otherwise, your continual use of any Service or Software constitutes your acceptance of the changes.
Ownership
We reserve all rights, title and interest (including all intellectual property and proprietary rights), in all languages, formats, and media throughout the world, in and to (i) the Services, (ii) information, data, documents, images, photographs, graphics, audio, videos, or webcasts, products, Software (collectively, “Materials”), (iii) any affiliate links, link formats, any domain names owned or operated by us or our affiliate, and (iv) any other intellectual property and technology that we provide or use in connection with our products or the Services (including any application program interfaces, libraries, sample code, and related materials), which will all continue to be the exclusive property of M2 and/or its licensors and nothing in the Terms shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, to you or any third party. Further, you agree that you will remove the plugins and/or widgets from your website if you become aware that the plugins and/or widgets violate copyright or any other applicable law, or if M2 notifies you in writing to do so. All trademarks, logos and services marks displayed on the Services and Software (collectively, “Marks”) are the property of M2 or other rights holders. You are not permitted to use the Marks without the prior consent of M2 or the rights holder.
Use of Services and Materials
If you comply with the terms and conditions of the Terms, M2 grants to you a non-exclusive, non-transferable, revocable right to access and use the Services and to use the M2 Materials in connection with the Services, subject to the restrictions stated in this section or otherwise set out in these Terms of Use. You agree: (i) not to alter, copy, modify, or re-transmit the Materials; (ii) not to lease, license, rent, or sell the Materials or the right to use and access the Services; (iii) not to remove, obscure, or alter any text or proprietary notices contained in Materials; (iv) not to copy or imitate part or all of the design, layout, or look-and-feel of the Service, which are protected by Intellectual Property Rights; (v) to use the Services and the Materials only as permitted by these Terms of Use, any applicable Additional Terms and any Law; and (vi) that certain Services and Materials may be available only if you have paid a fee or purchased a product. You acknowledge that M2 may modify or discontinue, temporarily or permanently, the Services or Materials, or any portion thereof, with or without notice. You agree that M2 shall not be liable to you or anyone else if we elect do so.
Use and License of Software
Software distributed or otherwise made available via the Services or through third-party marketplaces or stores is governed by the General Public License
http://www.gnu.org/licenses/gpl-2.0.html. If there is any conflict between the Terms and the General Public License, then the license agreement shall take precedence in relation to that Software.
Payment Terms & Fees
The Software is distributed for a fee either on a single-use basis (“Single Use”) for installation on only one of your sites, or on an unlimited-use basis for installation on an unlimited number of your sites (“Developer Use”). The distribution fees for Single Use and Developer Use (the “Fees”) may be changed by M2, at any time and in its in its sole discretion. You agree not to syndicate or otherwise distribute the plugins to any third party, and to only use the Software in the manner as distributed, whether for Single Use or Developer Use, as the case may be. You are responsible for paying all taxes levied in connection with your use of the Services or Software. Your Credit Card Company or Bank may impose on you other fees, such as foreign exchange fees, in connection with your payment of the Fees. M2 has no connection to or responsibility for such fees. You agree that, in the event M2 is unable to collect the Fees owed by you to M2 for the Services, M2 may take the steps it deems necessary to collect such Fees from you and that you will be responsible for all costs and expenses incurred by M2 in connection with such collection activity.
Distribution of Software
Upon our receipt and approval of your payment of the applicable Fee, you will receive a download email from our third party provider with a link to download the product along and your license key. The download email will be sent to the same email that was used to place your distribution order, and is usually received within minutes of our receipt of your payment. If you do not receive the download email within two (2) hours of making your payment, please use the
contact form. It is your responsibility to download and install the product.
Refund Policy
All fees are non-refundable . Due to the nature of digital downloads; refunds or cancellations are not available. There are no refunds based on subjective experiences like “I thought it could do this” or “it is not easy”. If there is a problem accessing the download or you have questions about the product, please use the
contact form.
Software Updates and Availability
All Software may be updated over time to provide new functionality and bug fixes.
Software updates are only made available to you if you paid us a fee for the distribution of the Software, and only to the extent of said distribution, whether Single Use or Developer Use, as the case may be. A purchaser of a Single Use distribution will only be entitled to updates or support for an installation on one site. You will be informed of updates through an update email as well as access to automatic updates within your WordPress dashboard. These updates are designed to improve, enhance and further develop the Software and may take the form of bug fixes, enhanced functions, and new Software modules. You agree to receive such updates (and permit M2 to deliver these to you with or without your knowledge) as part of your use of the Software.
Software Updates, Support and Availability
Access to tutorials, documentation , frequently asked questions, and videos are available at any time. Bug reports should be filed through the support ticket system. Software support will only be made available to you if you paid us a fee for the distribution of the Software, and only to the extent of said distribution, whether Single Use or Developer Use, as the case may be. A purchaser of a Single Use distribution will only be entitled to support for an installation on one site.
Each purchase grants you access to the VFB Pro plugin support service, which covers help with setting up the latest version of the product and direction on how to use the latest version of the product as advertised. The support service does not cover help with theme or plugin customization beyond the advertised features (see examples of support vs customization below), nor does it cover help on sites that are heavily customized or in situations where the core plugin files have been modified.
Additionally, if a bug is discovered in code, we will do what we can, within reason, to repair it. However, we can offer no guarantee nor can we commit to a timeframe for the repair. This support service is valid for 1 year from the date of your purchase, after which time your support license will expire and must be renewed. All support is provided via our ticket system; there is no live chat, phone or direct email support available.
The following is a list of what is/is not included with Software support. Included in Software Support:
- Installation Help
- Upgrade/Migration Help
- General Usage
- Bug Reports
NOT Included in Software Support:
- Custom Programming
- Consulting
- Issues caused by 3rd party themes/plugins
- Server configuration
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: THE SITE, SERVICES, SOFTWARE, PRODUCTS AND MATERIALS ARE PROVIDED BY M2 “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, M2 AND ITS LICENSORS MAKE NO WARRANTY THAT (i) THE SITE, SERVICES, SOFTWARE, PRODUCTS AND MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, SOFTWARE, PRODUCTS AND MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iii) THE QUALITY OF THE SITE, SERVICES, SOFTWARE, PRODUCTS AND MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (d) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES, SOFTWARE, PRODUCTS AND MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM M2 OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. M2 SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF OR PARTICIPATION IN ANY SERVICES AND YOUR USE OF MATERIALS. ANY MATERIAL DOWNLOADED, MADE AVAILABLE, OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. M2 ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM ANY OF THE SERVICES. M2 DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. M2 MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. NO GUARANTEE IS MADE REGARDING ADDITIONAL FUNCTIONALITY WITH THIRD PARTY PLUGINS, THEMES, OR ALL BROWSERS. M2 IS NOT RESPONSIBLE FOR ANY PLUGIN OR THEME COMPATIBILITY CONFLICTS THAT MAY OCCUR. AFFILIATES AND OTHER THIRD PARTIES ARE NOT AUTHORIZED M2 SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF M2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, M2 WILL HAVE NO LIABILITY RELATED TO MATERIAL ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY, OR OTHER LAWS.
Limitation of Liability
IN NO EVENT SHALL M2, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF M2 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES, SOFTWARE, PRODUCTS OR MATERIALS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE M2’S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF M2 OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY. M2’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, LICENSORS, AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT PAID BY YOU FOR ACCESS TO THE SERVICE DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT OR THE PURCHASE PRICE PAID TO M2 FOR ANY SOFTWARE OR PRODUCT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS LARGER. THIS LIMITATION WILL APPLY EVEN IF M2 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Links to Other Sites
The Services and Materials may include links that will take you websites or services not operated by M2. Any links provided by M2 are as a courtesy, and M2 has no control over non-M2 websites or services. You agree that we are not responsible for the availability or contents of any website or service we do not operate.
Export Laws
You acknowledge that the Services, Software, and Materials are subject to the U.S. Export Administration Regulations and other export laws, restrictions, and regulations (collectively, the “Export Laws”) and that you will comply with the Export Laws. You will not ship, transfer, export, or re-export the Software or Materials, directly or indirectly, to: (a) any countries that are subject to U.S. export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Sudan, and Syria) (each, an “Embargoed Country”), (b) any end user whom you know or have reason to know will utilize them in the design, development, or production of nuclear, chemical, or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems (each, a “Prohibited Use”), or (c) any end user who has been prohibited from participating in the U.S. export transactions by any federal agency of the U.S. government (each, a “Sanctioned Party”). In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export, or use the Services, Software, or Materials. You represent and warrant that (i) you are not a citizen of, or located within, an Embargoed Country, (ii) you will not use the Services, Software, or Materials for a Prohibited Use, and (iii) you are not a Sanctioned Party. All rights to use the Services, Software, and Materials are granted on condition that such rights are forfeited if Customer fails to comply with the terms of this agreement. If M2 has knowledge that a violation has occurred, M2 may be prohibited from providing maintenance and support for the Services, Software, or Materials.
Privacy Policy
For information about M2’s data protection and collection practices, please read our Privacy Policy at
http://vfbpro.com/pages/privacy which is incorporated herein by reference. You agree to M2’s use of your data in accordance with the Privacy Policy.
Governing Law and Venue
This Agreement, shall be construed in accordance with, and governed by, the laws of the State of Alabama without regards to Conflict of Law principles. In the event of any dispute or disagreement with respect to the meaning, effect or interpretation of this Agreement or in the event of a claimed breach of this Agreement, the parties hereto agree that such dispute shall be adjudicated only by a court of competent jurisdiction located within Jefferson County, Alabama. Said Court shall retain exclusive jurisdiction for all purposes, among other things, administering the Agreement, enforcing and effectuating the Agreement, and resolving any disputes hereunder.
Miscellaneous
Notices. Any notice provided to M2 pursuant to these Terms of Use should be sent to: 6301 Cove Lane, McCalla AL 35111. M2 may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, postings on or within the Services, or other reasonable means now known or hereafter developed.
Entire Agreement. These Terms of Use together with any applicable Additional Terms constitute the entire agreement between M2 and you with respect to your access to or use of the Services and Materials and supersede any prior agreements between you and M2 on such subject matter.
Assignment. You may not assign or otherwise transfer the Terms, or any right granted hereunder, without M2’s written consent. M2’s rights under the Terms of Use and any applicable Additional Terms are transferable by M2.
Severability. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or any applicable Additional Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
Waiver. Any failure by M2 to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.