Terms and Conditions
This document was posted on 5/19/18 and applies to all users.
Our website grants you non-exclusive limited license to use the WP3D Models plugin and other products sold through this website (https://wp3dmodels.com) by Ross Peterson Web Dev, Inc. (“WP3D Models”) in accordance with these Terms & Conditions (the “license”) issued by this company.
Ability to Enter into this Agreement
This Site and the Services are not designed for or directed at children 13 years of age or younger. In addition, in order to enter into this Agreement, you must be 18 years old or have otherwise reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it.
You may not use the Services and may not accept this Agreement if (a) you are not of legal age to form a binding contract with WP3D Models, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are a resident or from which you use the Services.
Before you continue, you should print or save a local copy of this Agreement for your records.
1. Plugin Licensing
WP3D Models is licensed under the GNU general public license (http://www.gnu.org/licenses/gpl.html).
2. Automatic Upgrades
Automatic Upgrades are available to customers who have purchased a support license in accordance with the license they have purchased. A license provides automatic upgrades for a single site. You may not resell or share access to your support license key.
Updates & support are provided for a term that varies depending on when you made your purchase. After your license expires, a new support license will need to be purchased in order to continue receiving support and product updates. New licenses are available at a discount for the first 60 days after expiration.
After we have successfully processed your payment, you will receive an email with the download link and support license key. This may take up to 1 hour to arrive, but usually happens within minutes of placing the order. If you do not receive an email after this time period, please contact us.
You may not claim intellectual or exclusive ownership rights to any of our products. All products are property of Ross Peterson Web Dev, Inc. They are provided “as is” without warranty of any kind, expressed or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur out of the use or inability to use our products.
5. Site Content
All site content, including imagery and documentation that is published on wp3dmodels.com is the property of Ross Peterson Web Dev, Inc. Any replicated site content must be authorized in advance. Content from this site shall not be used or exploited for commercial or non-commercial purposes without the prior written consent of Ross Peterson Web Dev, Inc.
6. Refund Policy
We will be happy to issue a refund within the first 30 days of your purchase if you are unable to get the plugin to install properly on your website or if the plugin fails to perform the basic functions as designed and you have worked with the support team to try to resolve these issues. No refunds will be given after 30 days from the initial purchase. Please note that by purchasing the plugin, you agree to the terms of the Refund Policy. So, if you’re inside 30 days and have worked with us to resolve any issues, please contact us for a refund.
Ross Peterson Web Dev, Inc. offers WordPress plugins “as is” and with no implied meaning that they will function exactly as you would like or will be compatible with all 3rd party components and plugins. We do not offer general support for WordPress or other WordPress plugins we have not developed.
Support is offered via a support license key.
Updates & support are provided for the term that was in place at the time of purchase. After that term expires, a new update & support license will need to be purchased in order to keep your product up-to-date and supported.
License holders cannot distribute, freely giveaway, or resell their license key. The license key is only transferable by contacting us and requesting an official transfer of the license to a new owner. The license is intended to be used on the license holders web site(s). Client site usage is permitted in situations where the license holder maintains an ongoing relationship with the client as a consultant. Only the license holder is permitted to request support or access support resources.
8. Transactional Emails
Ross Peterson Web Dev, Inc. may, on occasion, send you email notifications related to your WP3D Models license. These transactional emails may include notification of licensing changes, changes to our terms and conditions, license expiration notices and other transactional emails related to your purchase of WP3D Models.
9. Installation & Update Emails & Logging
Installation of WP3D Models will result in the generation of a logging email sent back to WP3D Models. This administrative email notes the successful installation and/or update of WP3D Models software. WP3D Models also leverages a remote service to generate and return social share images (if user-enabled) to licensed users. This remote service generates a log of that image-generation interaction. No personally identifiable information (PII) is logged as part of this process.
10. Limitation of Liability / Exclusion of Consequential and Related Damages
NEITHER PARTY’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.
IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN WP3D Models AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU ON ANY THIRD PARTY SITES. YOU ALSO AGREE THAT WP3D Models WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
WP3D Models reserves the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, with or without notice at any time and for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. WP3D Models shall have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any such modification, suspension or discontinuance.
You agree to indemnify, defend, and hold harmless WP3D Models, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to this Agreement or the Site, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Services and any Content, including without limitation your Content and any third party Content, forming part of the Site; (b) your breach or alleged breach of this Agreement; and (c) your violation of any rights, including intellectual property rights, of a third party. WP3D Models reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify WP3D Models and you agree to cooperate with WP3D Model’s defense of these claims. You agree not to settle any matter without the prior written consent of WP3D Models. WP3D Models will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
12. Cancellation and Termination
If you wish to cancel your WP3D Models license, you can do so by logging into your WordPress Admin and deleting your license key information from the WP3D Models Settings screen, deactivating and deleting WP3D Models from your site, and sending a message via WP3D Models Support. If you are unable to complete these tasks yourself or if you have questions or need assistance, please contact WP3D Models Support and they can assist you.
Upon cancellation of your license, WP3D Models is under no obligation to maintain or store your account or purchase information. Unless the purchase has been made within 30 days (and thereby subject to our Refund Policy), no refunds will be given for licenses that are canceled prior to their expiration date.
WP3D Models reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. In addition, WP3D Models may, in its sole discretion, at any time, temporarily or permanently suspend access to your account, Subscription or Services for any violation or suspected violation of this Agreement. WP3D Models also reserves the right to deny access to anyone, including, but not limited to those users who use proxy servers and/or IP addresses residing in certain geographical areas outside of Canada and the United States. WP3D Models reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice.
13. Agreement to Governing Law and Jurisdiction
If there is any dispute between you and WP3D Models about or involving this Agreement, the Site or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the state of Montana, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts in Missoula, Missoula County, Montana, with respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement, the Site or the Services, howsoever arising, provided always that WP3D Models may seek and obtain injunctive relief in any jurisdiction.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
15. Legal Remedies
You agree that this Agreement is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.
You agree that if WP3D Models does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which WP3D Models has the benefit of under any applicable law), this will not be taken to be a formal waiver of WP3D Models’ rights and that those rights or remedies will still be available to WP3D Models.
16. Price Changes
Ross Peterson Web Dev, Inc. reserves the right, at any time, to modify or discontinue, temporarily or permanently, a support license with or without notice. Prices of all products are subject to change. Notice of price changes will be made on the site.
Our plugin is guaranteed to function on a clean and up to date installation of WordPress. We do not guarantee it will function with all 3rd party plugins or with all web browsers. We are not responsible for any plugin or theme compatibility conflicts that may occur. It is our policy to support our plugins as best we can and we will provide support for 3rd party plugin conflicts at our discretion or as time allows. We are not responsible for any data loss that may occur as a result of installing this plugin.