Terms of Service
These Terms of Service and all supplemental terms, as amended from time to time (“Terms and Conditions” or “Agreement”), govern your use of this website and any product, service, memberships, subscriptions, and content offered by Jestro LLC d/b/a The Theme Foundry (“The Theme Foundry”) that you access, download, accept, purchase, or otherwise use, from or through this website (collectively, the “Service”). If additional terms, licenses, or other agreements apply to any Service used or purchased by you, those additional terms and/or agreements govern your use of the Service as well.
The Theme Foundry reserves the right to update and change the Terms and Conditions from time to time without notice. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to the Terms and Conditions. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms and Conditions at any time at this URL: http://thethemefoundry.com/terms/. You agree to check the Terms and Conditions periodically for new information and terms that govern your use of the Service. Violation of any of the terms below will result in the termination of your right to use the Service and of your Membership, if applicable. You agree to use the Service at your own risk.
Membership and Account Terms
Use of Membership benefits, such as product access, updates, support, training and other benefits of Membership are provided to paid Members in good standing only. If you are a Member, you are responsible for updating your information, including contact names, addresses, telephone numbers and credit card information (as applicable) in a timely manner.
- Members must be 13 years or older to use this Service.
- Members are responsible for maintaining the security of accounts and passwords. The Theme Foundry cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- Members are responsible for all Content posted and activity that occurs under your account.
- Members may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and trademark laws).
Acknowledgments and Warranties
You hereby assign to The Theme Foundry all right, title, and interest you have in and to any content you submit in the support forums or otherwise on or to any websites offered by The Theme Foundry (“Content”), including without limitation any and all rights to distribute, display, reproduce, reformat, translate, archive, license, edit, modify and create derivative works and/or excerpts of any such material for purposes of distributing the material as part of The Theme Foundry’ products and services (and the promotion of same).
No Content submitted by you shall contain any content that is obscene, libelous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person, and the Content will not contain any viruses, scripts, macros, or programs or links to macros, scripts, programs, or any code that alters, destroys or inhibits the operation of, or infiltrates, computer systems or data run through such computer systems. You shall indemnify and hold harmless The Theme Foundry, its affiliates and agents, and those licensed or otherwise authorized by The Theme Foundry to process, transmit or distribute Content, from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of or relating to any breach by you of the foregoing representations and warranties or otherwise arising out of or relating to the contents or nature of the Content.
Modification to the Service and Prices
The Theme Foundry reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to upgrade packages and membership fees, are subject to change at any time. The Theme Foundry shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Payments and Refunds
A valid credit card is required for purchasing products, upgrades, or additional Services. You have 30 days to request a refund for any purchase from The Theme Foundry.
The term of your membership, if any, continues from the date of purchase for long as you continue to use any membership Services, pay any applicable membership fees, and comply with the Terms and Conditions and all other terms and conditions applicable to the Service used or purchased by you, or until such time as either party notifies the other to terminate with or without cause. These Terms and Conditions, including any revisions, remain in effect for the duration of any membership and for the duration of any other use of the Services by you.
Your right to access your account with the Service (including, without limitation, any login or other access information) is personal to you, non-transferable and non-assignable, and is subject to any limits established by The Theme Foundry. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access or manage your account with the Service or to monitor or copy the Service websites or the content contained therein except those automated means expressly made available by The Theme Foundry, if any, or authorized in advance and in writing by The Theme Foundry (for example, The Theme Foundry approved third party tools and services). Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Service as determined by The Theme Foundry. You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party.
Warranties, Indemnity, and Limitation of Liability
THE SERVICE, ACCESS TO THE SERVICE, THE INFORMATION CONTAINED ON THE SERVICE, AND THIS WEBSITE ARE PROVIDED, “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE THEME FOUNDRY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE THEME FOUNDRY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
You agree to indemnify and hold harmless The Theme Foundry and its, affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by The Theme Foundry to transmit and distribute materials, from any and all liabilities, damages, judgments, claims, costs, losses, and expenses (including without limitation reasonable legal fees and costs) arising out of or related to (i) your use of any Service; (ii) any Content you create, transmit, or display while using any Service; (iii) any breach or alleged breach by you of any representations, warranties, or agreements contained herein; and (iv) your negligent or willful misconduct.
IN NO EVENT SHALL THE THEME FOUNDRY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE AND BASED ON ANY THEORY OF LIABILITY INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE THEME FOUNDRY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE THEME FOUNDRY’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE LESSER OF $500 OR THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE SIX MONTHS PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE DAMAGE. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THE TERMS OF SERVICE BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THE TERMS OF SERVICE AND HOW TO PRICE THE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THE SERVICE AND THE THE TERMS OF SERVICE.
Cancellation and Termination
The Theme Foundry, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of any or all Services for violation of the Terms of Service, for any other reason, or for no reason. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. The Theme Foundry reserves the right to refuse service to anyone for any reason at any time, and to refund your payment and terminate your account in the sole discretion of The Theme Foundry.
If you are dissatisfied with any aspect of the Service(s) after the 30-day refund period, your sole and exclusive remedy is to terminate the Agreement and/or the Service(s) Terms by requesting your account be closed.
All decisions made by The Theme Foundry in this matter will be final and neither The Theme Foundry nor any officer, owner, or affiliate thereof shall have any liability regarding such decisions.
If Service is prevented or delayed in or from performing any of its obligations under the Agreement due to circumstances beyond The Theme Foundry’s control, including but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency, The Theme Foundry shall not be liable for any resulting failure to provide Services.
Any notices or communications under the agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below:
If to The Theme Foundry, such notices shall be addressed to info [at] thethemefoundry.com or to The Theme Foundry, PO Box 2126, Boise, ID 83701, USA. If to you, such notices shall be addressed to the electronic or mailing address specified in your service registration form, if any, or such other address as either party may give the other by notice as provided in this section. It is the applicant’s responsibility to provide an accurate address and to ensure that the Service is notified of any changes to applicant’s address as specified in this section.
Governing Law, Venue and Attorneys Fees
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and the State of Idaho. Any dispute arising under or related in any way to this Agreement shall be adjudicated in a court of competent jurisdiction in the Ada County, Idaho. In the event of litigation to enforce any provision of these Terms and Conditions, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
- Technical support is only available via the support forum.
- You shall not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, The Theme Foundry, or any other The Theme Foundry service.
- The Theme Foundry may, but has no obligation to, remove Content and accounts containing Content that it determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any The Theme Foundry customer, employee, member, or officer will result in immediate account termination.
- The failure of The Theme Foundry to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and The Theme Foundry and govern your use of the Service, superceding any prior agreements between you and The Theme Foundry (including, but not limited to, any prior versions of the Terms of Service).