Acceptance of Terms

The following is an agreement between you as licensee and user (“You”) and Productive I.T., L.L.C. Your use of www.productiveit.com (the “Website”), and Productive I.T., L.L.C. (“Owner,” “We”) which governs the use and access to website hosting services, websites, templates, graphics, widgets, email hosting or other data (collectively, the “Service”) downloaded or otherwise used by You from this Website and associated domains of www.productiveit.com, is subject to these Terms of Use (“Terms”).

By using or downloading the Service, you implicitly and explicitly agree to conform to, and be bound by, the terms of this Agreement. If you do not agree to the terms of this Agreement or the limitations and restrictions imposed herein, you are required to cease the use and forego the use or download of any and all Service and delete any downloaded components of such Service currently in your possession. By using or using any Service you agree to be bound by the terms contained herein this Agreement in full.

All forms of the Service found on our Website are copyrighted and are, and shall always remain, the exclusive property of Productive I.T., L.L.C.. Your right to use the Productive I.T., L.L.C. Service is subject to this Agreement and any restrictions specified on each template. Productive I.T., L.L.C. grants you a non-transferable license to use the Productive I.T., L.L.C. Service in strict compliance with the terms and conditions contained herein this Agreement and/or on the specific purchase page of the Productive I.T., L.L.C. Service.

Terms will also apply when you use the Service on a trial basis. By using the Service in any way, you agree to and accept these Terms, our Privacy Policy, and any other legal notices or guidelines posted on the Site. If you are using our Service for an organization, you are agreeing to these Terms on behalf of that organization. If you do not agree to these Terms, do not use the Service.

Content

All information, data, text, software, music, sound, photographs, graphics, video, messages, products, services or other materials you post on a web site via the Service (“Content”) are the sole responsibility of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content you post via the Service.

Under no circumstances will we be considered a publisher of any Content or liable for your Content or the content of any third party, including, but not limited to, any errors or omissions in your Content, or any loss or damage of any kind incurred by you or any other party as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content at any time and for any reason, with or without notice. You must evaluate, and bear all risks associated with, the use of any Content.

You may not rely on any Content created by us. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.

The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Proprietary Rights

The Service, any necessary software, all informational text, software documentation, design of, and “look and feel,” interfaces, artwork, layout, products, templates, widgets, graphics, images, audio, music, video, messages, files, documents, and widgets, literary work, source and object code, computer code (including html), applications, and other media, designs, animations, derivatives, and versions thereof, or other data, whether publicly posted or privately transmitted, (collectively, the “Property”), all confidential and proprietary software used in connection, or in information presented to you through the Service or by advertisers, and all other materials and services provided by or through Productive I.T., L.L.C., are owned by us or other parties that have licensed their materials, content, or provided services to us, and are protected by copyright, trademark, trade secret, and other intellectual property laws.

Productive I.T., L.L.C. gives you permission to use the Property to the extent, and only to the extent, necessary to access and use the Service in accordance with these Terms. All forms of the Property found on our website are copyrighted and are, and shall always remain, the exclusive property of Productive I.T., L.L.C. or the specific designer/creator. The license granted to you by Productive I.T., L.L.C. for the use of the specific Property is non-transferable and you hereby agree not to sell, rent, give, transfer or otherwise share the Productive I.T., L.L.C. Property with any third party whatsoever. The final product that you may create using the Property is intended to be used strictly and solely by You or by your end user client.

All trademarks, service marks, logos, slogans, and taglines (individually and collectively, “Mark” or “Marks”) are the property of Productive I.T., L.L.C. or their respective owners. Except as otherwise specifically provided herein, no license or right to use any Mark is granted without the express written permission of Productive I.T., L.L.C. or the respective third-party Mark owner.

Intellectual Property

All rights, title and interest in and to Productive I.T., L.L.C., including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any Property, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Productive I.T., L.L.C..

Security

You are responsible for maintaining the security of your account and web site, for all activities that occur or actions taken under the account or in connection with the web site. You agree to immediately notify us in writing of any unauthorized uses of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will we be liable, in any way, for any of your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.

Indemnification

You agree to indemnify, defend, and hold harmless Productive I.T., L.L.C. and its directors, officers, shareholders, employees, servants and suppliers against all claims, liabilities, damages, costs and expenses, including legal fees on a full indemnity (solicitor-client) basis, arising out of or related to a breach of this Agreement, the use of this Website, the use (or misuse) of any and all Productive I.T., L.L.C. Property as well as any potential claims, liabilities damages or costs as a result of a third party claim for copyright infringement or otherwise.

Warranty and Liability

The Website and the Productive I.T., L.L.C. Property is provided on an “as is” basis. Productive I.T., L.L.C. offers no warranty, explicit or implied, regarding any templates, the Website, the accuracy of any information, or any rights or licenses under this agreement including, without limitation, any implied warranties of merchantability or fitness for a particular purpose of any Productive I.T., L.L.C. Property. Productive I.T., L.L.C. does not represent or warrant that the Website or any Productive I.T., L.L.C. Property on the Website will meet your requirements or that their use will be uninterrupted or error free.

Neither Productive I.T., L.L.C. or the Website shall be liable to You or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Website or the Productive I.T., L.L.C. Property.

Third Party Services

Productive I.T., L.L.C. is not responsible or liable for any loss or damage incurred as a result of your use of any third party’s service, product, software, content, or website (collectively, “Third Party Materials”) whether or not you were linked to or directed to any Third Party Materials through the Site. Third Party Materials, such as email, e-commerce and payment services may be subject to the applicable third party terms of service and privacy policies, and you are solely responsible for reviewing, agreeing to, and complying with any such terms before you use any Third Party Materials. Your use of any Third Party Materials is at your own discretion and risk. If you do not agree to the third party’s terms of service or license agreement, do not download or use the Third Party Materials. Your use of any Third Party Materials obtained through the Service does not transfer to you any rights, title, or interest in or to the Third Party Materials beyond the terms contained in the third party provider’s terms of service or license. Any reference on the Site to any Third Party Materials is not an approval or endorsement by us of such Third Party Materials.

Service Fees

We have multiple pricing options and some of the features on the Service require payment of fees, as described for each Service on the Site (“Fees”). If you sign up for these features, you must pay all applicable Fees. We reserve the right to change our prices and/or bundle certain parts of the Service together for pricing purposes, and may do so at any time. You authorize us to make any reasonably necessary inquiries to validate your account and financial information.

All Fees are in USD and are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment thereof.

If you purchase any Services that we offer for a Fee, you consent to Productive I.T., L.L.C., or our third party service providers, storing your payment card information and you authorize us to charge you (a) any Fees for Services you may purchase, and (b) any applicable taxes in connection with your use of the Services to the payment card you provide. To ensure uninterrupted service, we will automatically bill you for each renewal until explicitly cancelled by you. You may turn off the auto-renewal on your account at any time by sending cancellation requests to info@wocode.com.

In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your account, without further notice.

Productive I.T., L.L.C. and/or its affiliated companies will issue an invoice for any payment of Fees or refund made to or by Productive I.T., L.L.C. (“Invoice”). Each Invoice will be issued in electronic form and based on the information stated in your billing address, and will be made available to you via your account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your account may be inadequate with your local law requirements.

Cancellation

If you cancel the Service, your account will be set to cancel at the end of the term (as laid out in your original sign up email). After cancellation, you will no longer have access to your web site(s) and we may delete all information within the site(s). We accept no liability for such deleted information or Content.

For as long as we continue to offer the Service, we will provide and seek to update, improve, and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms. We may modify (e.g., change data storage or capacity limits), replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services we offer in our sole discretion. All of these changes are effective upon their posting on our site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us to be contrary to these Terms. For avoidance of doubt, we have no obligation to store, maintain, or provide you a copy of any Content that you or others provide when using the Service.

Failure to comply with any of the Productive I.T., L.L.C. Terms and/or to pay any due Fee shall entitle Productive I.T., L.L.C. to suspend (until full payment is made) or cancel your account and associated websites (or certain features thereof), as well as the provision of any related Productive I.T., L.L.C. Services (e.g., Paid Services) or third party services to you.

If your account or any Productive I.T., L.L.C. Services or third party services related to your account are cancelled (whether at your request or at Productive I.T., L.L.C.’s discretion), it may cause or result in the loss of certain Content, features, or capacity of your account, including any Content, end user data or other usage data retained therein. Productive I.T., L.L.C. shall not be liable in any way for this loss, or for saving a backup of your account, Content or end user data. Please also note that additional Fees may apply to re-activation of a account and/or any Productive I.T., L.L.C. Services following cancellation, as determined by Productive I.T., L.L.C. in its sole discretion.

We also reserve the right to limit or cease phone or chat support to you if you consume a disproportionate amount of such customer services or otherwise negatively affect our ability to provide support to other customers (as determined in our sole discretion).

Site Transfers and Transfer Fees

You may request the transfer of your website built in Productive I.T., L.L.C. either from one Productive I.T., L.L.C. account to another or from one Productive I.T., L.L.C. account to an account on our primary platform. We will perform the necessary actions to transfer the site with as little interruption as possible, however, we cannot guarantee a specific timeline, nor can we guarantee that the site will not go offline. If you request a transfer, you acknowledge this. In addition, we reserve the right to charge a transfer fee of up to $100 as payment for the work required by us to complete the transfer. You will be alerted to this charge prior to the transfer and will be expected to pay the total fee as defined.

Ecommerce

The Productive I.T., L.L.C. Services also include certain features which enable you to sell goods, content, media and services through your website (“Products”, and collectively, “Ecommerce”).

You are solely responsible for your Products and Ecommerce related activities, and any promotions and related Content contained or referred to in your websites, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online Ecommerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your Products. When someone purchases your Products, such transaction’s payments will be processed through such third party payment service providers with which you decided to register and set up an account (“Ecommerce Service Provider(s)”), in accordance with such Ecommerce Service Provider’s terms of service and other applicable policies. We are neither a party to nor are responsible in any way for your relationship with any such Ecommerce Service Providers, or for the actions of any of these Ecommerce Service Providers.

By using any of our Ecommerce features, you acknowledge, warrant and agree that you shall be solely and fully responsible for all taxes and fees of any nature associated with your Ecommerce activities, including any taxes related to the purchase or sale of the Products, as well as all costs of procuring and delivering your Products. You agree to collect, report and remit the correct amounts to the appropriate authorities and/or inform your end users of such and provide them with a duly issued invoice as required by law; as well as all

You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the Products. You may not offer or sell any Products, or provide any information, Content or material regarding Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export.

Productive I.T., L.L.C. may, at any time and at its sole discretion, suspend, disable access to or remove your websites and/or any Products – whether or not incorporated, published with or made a part of your websites at such time, without any liability to you or to any end users, including for any loss resulted therefrom.

Any Taxes indicated by the Ecommerce features provided to you by Productive I.T., L.L.C. are solely provided for illustration purposes only, and may not be relied on in any way.

Refunds and Chargebacks

If you are not satisfied with Productive I.T., L.L.C. Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated a Productive I.T., L.L.C. Pro membership or seven (7) of having first ordered or activated a Productive I.T., L.L.C. monthly hosting subscription (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of Productive I.T., L.L.C. services which is either an upgrading of a free website by purchasing a Pro Plan (as offered on the Productive I.T., L.L.C. Website) or an initial monthly hosting purchase. Annual hosting subscriptions are final sale and no refund will be issued regardless of the reason for cancellation.

Please note that the Refund amount may be different than the amount you were charged due to currency changes and third party fees. Productive I.T., L.L.C. will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the user who provided such notice for any Productive I.T., L.L.C. Services actually received, as permitted by law.

If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your Productive I.T., L.L.C. account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Productive I.T., L.L.C. Services may be automatically disabled or terminated. If you have any questions or concerns regarding a payment made to Productive I.T., L.L.C., we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment. You will be responsible for any incorrect fees, losses and expenses that follow.

Your use of the Productive I.T., L.L.C. Services will not resume until you re-subscribe for any such Productive I.T., L.L.C. Services, and pay any applicable Fees in full, including any fees and expenses incurred by Productive I.T., L.L.C. and/or any Third Party Services for each Chargeback received (including Fees for Productive I.T., L.L.C. Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

Site Export / Data Portability

You may request a backup of your published Productive I.T., L.L.C. website to be delivered in a zip file. This zip will contain the relevant HTML, CSS, JavaScript and images used throughout the website. Productive I.T., L.L.C. websites rely heavily on our proprietary hosting environment to deliver functionality, and exported websites may not include all functionality when exported. The HTML / CSS files provided in our export will not function on an outside hosting server without significant modification from a website developer.  Site export is only available for a site that is actively published on the platform, we cannot export sites that are unpublished or still in design. The exported data may be used for data portability and backup only. You may request a data export on your published site by contacting us here .

General Data Protection Regulation (GDPR)

We are not responsible for ensuring your websites, including those built using our Service, comply with the General Data Protection Regulations ("GDPR"). We have provided built-in options and information to assist with compliance, but this responsibility of ensuring GDPR compliance lies solely with the site designer. 

Americans with Disabilities Act (ADA)

We are not responsible for ensuring your websites, including those built using our Service, are complaint with the Americans with Disabilities Act ("ADA"); complete compliance with the ADA lies solely with the site designer. Within the Productive I.T., L.L.C. builder, you can make changes directly to the code to ensure ADA compliance, however, this is your responsibility. 

Privacy Policy

Thank you for visiting the Productive I.T., L.L.C. online store, located at: www.productiveit.com or *.productiveit.com (“Site”). We respect the privacy of our customers, partners, and clients, and we take the issue of your privacy very seriously. To view our full Privacy Policy click here.

Productive I.T. Products Terms of Service

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE

Your use of Productive I.T. Products indicates your agreement to the Productive I.T. Products Terms of Use laid out below and acknowledgment of the Productive I.T. Products Legal Statements. These documents may be modified without prior notice. User's continued use of the service constitutes an affirmative acknowledgment by user of these modifications.

The most current version of The Terms of Use and Legal Statements will always reside online at http://productiveit.com . The Productive I.T. Products Terms of Use and Productive I.T. Products Legal Statements comprise the entire agreement between the users and Productive I.T., L.L.C., unless otherwise indicated.
 
2. DESCRIPTION OF SERVICE, MODIFICATIONS TO SERVICE
Productive I.T. Products provides users with various web publishing and content management services, including but not limited to the ability to create and maintain a web site as well as the hosting services for this web site. In order to use the service users should provide for own access to internet and pay any service fees associated with such access.

(i) Subscription to Productive I.T. Products can be free or paid depending on the selected package. Productive I.T., L.L.C. reserves the right to change the terms of service and prices without prior notification as long as the fees for current accounts remains at the rates that were active at the time of subscription. Changes to the rates affecting old accounts will be made only after timely notification to all Productive I.T. Products users. Such notifications will be posted on productivecms.com and sent via email to the email address each customer has provided during registration.

(ii) Owners of Productive I.T. Products free accounts should login to Admin view and use the account at least once in 6 months to keep their account active. Accounts for which there is no registered action in Admin view for a period of 6 months will be considered inactive. Productive I.T., L.L.C. reserves the right to take away the free upgrades of inactive accounts and delete inactive accounts, following an email notification.

(iii) Productive I.T., L.L.C. reserves the right to suspend accounts which are using features and designs outside of the package they paid and fail to upgrade to a the respective package after being notified for this.

(iv) Productive I.T., L.L.C. reserves the right to showcase customer sites as examples of the service on productivecms.com or productiveit.com and inside marketing materials unless a specific request not to feature the site in product marketing materials has been filed by the owner of the website.

3. USERS OBLIGATIONS AND CONDUCT

Each user bears the sole responsibility for the content published on their Productive I.T. Products website. Productive I.T., L.L.C. does not control the content posted via the service and, as such, does not guarantee the accuracy or quality of such content and cannot be held responsible for it. Use of the service is subject to all applicable local, state, national and international laws and regulations as well as to internet-specific policies and procedures.
 
User agrees:
(i) not to use the service for illegal purposes;
(ii) not to publish any material that is unlawful, harassing, abusive, threatening, offensive, vulgar, obscene, harmful, libelous, invasive of another's privacy or constitutes an infringement of third party intellectual property rights.
(iii) not to interfere with or disrupt in any way the service including servers and networks connected to the service;
(iv) not to interfere with another user's enjoyment of the service.
User should indemnify and hold Productive I.T., L.L.C. and their subsidiaries, affiliates, officers and employees, harmless from any claim or demand made by any third party due to or arising out of user's conduct, violation of these Terms of Use by user, or the infringement by user of any intellectual property or other right of any person or entity.

Productive I.T., L.L.C. may, at their sole discretion, terminate the service should a user's conduct fail to conform to these terms and conditions.
 
4. USER ACCOUNTS AND SECURITY
Users are entirely responsible if they do not maintain the confidentiality of their password and account, as well as of password protected areas of their sites. Users are entirely responsible for any and all activities which occur under their account.
 
5. OWNERSHIP
Users retain full copyright ownership and all related rights for materials published on their Productive I.T. Products website. Productive I.T., L.L.C. retains full copyright ownership and all related rights for all designs that are part of Productive I.T. Products service. Using the built-in designs or elements of them outside Productive I.T. Products if not permitted, unless a special license is purchased.
 
6. STORAGE AND OTHER LIMITATIONS
Productive I.T., L.L.C. reserves the right to automatically clean assets exceeding the storage limit, after sending an email notification for exceeding the limit and failure on the part of the user to take subsequent action to clean the surplus assets or alternatively request an upgrade of the account. Productive I.T., L.L.C. assumes no responsibility for the deletion or failure to store information entered into Productive I.T. Products.
 
7. NOTICE AND TERMINATION OF SERVICE

Either Productive I.T., L.L.C. or the user may terminate use of the Service with or without cause at any time and effective immediately. Productive I.T., L.L.C. shall not be liable to users or any third party for termination of the service. Upon termination, user's right to use the service and the related software ceases immediately.

8. SALES TERMS

All paid plans are month to month, quarter to quarter, or year to year. All sales are final. You can upgrade or change your plan from http://support.productiveit.com. Once you are on one of our paid plans, you will be billed monthly/quarterly/annually until you cancel. You can cancel anytime from http://support.productiveit.com. In order to avoid the next billing, the cancellation should be submitted at least 15 days prior to the paid plan's next due date.
 
All notices shall be in writing and shall be made either by publication or via email. Productive I.T., L.L.C. may publish notices on this website (http://productiveit.com ) to inform users of changes to the service, Terms of Use, or other important procedures; such postings shall constitute notice to users.

LEGAL STATEMENTS

1. PRIVACY POLICY

Productive I.T., L.L.C. respects the privacy of their Productive I.T. Products users. We do not disclose or sell user account information to third parties. Your email will be used only to notify you about Productive I.T. Products-related news.

Productive I.T., L.L.C. will not monitor, edit, or disclose the contents of a user's website unless obliged to do so by law or if such action is necessary to: (i) protect and defend the rights or property of Productive I.T., L.L.C. or (ii) fix or debug problems with the Productive I.T. Products software/service.

2. DISCLAIMER OF WARRANTIES

As User of the service you agree that the use of the service is at Users sole risk. The service is provided on an "as is" and "as available" basis.

Productive I.T., L.L.C. disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Productive I.T., L.L.C. makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error-free. Nor does it make any warranty as to the accuracy or reliability of any information obtained through this service or that defects in the software will be corrected.

You understand that any material/data downloaded or otherwise obtained through this service is done at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results in such a download.

No advice or information, either oral or written, obtained by you from Productive I.T., L.L.C. shall create any warranty not expressly stated herein.



3. LIMITATION OF LIABILITY, INDEMNIFICATION

Productive I.T., L.L.C. shall not be liable for:

(i) Any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the service

(ii) Cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through this service

(iii) Unauthorized access to or alteration of Member's transmissions or data, including but not limited to damages or loss of profits

(iv) Statements or conduct of any third party on the service

4. Productive I.T., L.L.C. PROPRIETARY RIGHTS
Users agree that Productive I.T. Products as a service and software contain proprietary and confidential information that is protected by applicable intellectual property, trademark and other laws. Except if expressly authorized by Productive I.T., L.L.C., you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Productive I.T. Products service and software in whole or in part.
 
5. TRADEMARKS
Productive CMS, Uno CMS, Memware, Productive I.T., DIY Site Creator and Productive Sites are trademarks of Productive I.T., LL.C. All other mentioned trademarks are owned by their respective owners

6. LAWS
The Productive I.T. Products Terms of Use shall be governed by and construed in accordance with the laws of the state of Alabama.