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TERMS OF USE

LAST UPDATED 12/18/2024

This website, www.jwhitebranding.com  (“Site”) is owned and operated by JWHITE BRANDING. In these Terms, “Seller”, “we”, “us” and “our” refer to JWHITE BRANDING and the terms “Buyer”,  “you” or “your” refer to any individual user of our Site.

NOTICE: It is your responsibility to carefully read these Terms of Use (“Terms”) prior to using our Site or purchasing or accessing any of our services, products, content, webinars, courses or resources (collectively, “Services”). These Terms govern and define your use of the Site and Services and are legally binding on you.

 

By purchasing any products from JWHITE BRANDING, it is implied that you agree to comply and be legally bound by the terms set out in this agreement.

ALL RIGHTS RESERVED

We reserve the right to update and change these Terms at any time and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this page. Your continued use of or access to the Site and/or Services affirms your acceptance of any changes to our Terms. All rights not expressly set out and granted in these Terms and Conditions of Use and/or our Privacy Policy are expressly reserved by us.

 

CONDITIONS BEFORE YOU ACCESS OUR SERVICES

 

You must be at least 16 years old to use our Site or the necessary age in your country of residence otherwise this is a violation of use. We reserve the right to terminate your access if it is discovered you are a minor. The Site does not knowingly collect personally identifiable information from children under the age of thirteen.

 

USER ACCOUNTS

 

To purchase a product from Site you will be required to create an account. To register for an account, you will be required to provide us with some personal information such as your email address, name, and password. Personal information that you provide to us will be treated in accordance with our Privacy Policy.

 

 

PLATFORM COMPATIBILITY & HOSTING 

Website templates are built on WiX and are exclusively compatible with the WiX platform. They are not intended for use on other website platforms. A WiX account is required to gain access to and utilize our templates. WiX sites are hosted exclusively with WiX and a premium hosting plan is required to connect a custom domain and to fully utilized many of WiX’s built in business solutions. WiX hosting plans and domains are not included in our product pricing, and you may have to pay extra fees for these services.

We cannot guarantee that the templates or instructions will function flawlessly with new updates within WiX or various web browsers.

 

 

 

PRICING & BILLING

Fees are as listed on our Site and in US dollars. We reserve the right to change our Fees at any time and without notice. No discounts or refunds will be provided to match previous pricing. If products go on sale after your purchase, you are not entitled to retroactive discounts or refunds.

PAYMENT AUTHORIZATION

If any payment is recurring or made via a payment plan, you authorize our continued access to your financial information stored in any third-party payment processor we may use until your payment has been received in full and in accordance with any other payment terms accepted at the time of checkout.

 

ONLINE STORE DISCLAIMER

We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.

 

We reserve the right, but are not obligated, to limit the sale of products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products and pricing of products are subject to change at any time without notice and we reserve the right to discontinue any product at any time. We do not warrant that the quality of any products will meet your expectations, or that any errors in the Service will be corrected. Upon purchasing a product from us, you agree that you have spent a satisfactory amount of time reviewing the product and are satisfied with said product before purchasing.

 

 

NON-REFUNDABLE PURCHASE

 

All sales are final. Products cannot be returned, refunded, or exchanged after purchase.

 

CHARGEBACKS

You agree to make every attempt to contact us to resolve any issues prior to attempting a chargeback with your financial institution or any third party payment processor we use to process payment on our Site. We reserve the right to present proof of your access and these Terms any third party investigating the dispute.

 

ACCESSING TO YOUR TEMPLATE, RESOURCES

 

Transferring your new website template is a manual process and may take up to 48 hours to complete. At the time of purchase, you will be asked to enter the email address associated with your WiX account. You will an email from WiX inviting you to accept the website transfer. This invitation is active for 3 days, and will expire past that time frame. To request a new transfer email us at jesssica@jwhitebranding.com. JWHITE BRANDING will automatically remain as an admin of your Wix account at the time of the transfer.

 

 

IMAGERY, GRAPHICS & FONTS USED IN OUR TEMPLATES

 

These templates are not legally affiliated with WiX. Any images, custom fonts, or graphics provided are for illustrative purposes only.

The imagery, graphics and fonts used in our templates were sourced from royalty-free providers. We make no guarantee that said content will remain available and royalty-free in the future. It is the sole responsibility of the buyer to ensure that the content featured on the website is properly licensed and accredited according to the providers terms. The Seller assumes no responsibility for any issues related to usage of images, fonts, and illustrations, including licensing or copyright infringements.

 

 

CUSTOMIZATION & MODIFICATIONS

 

Customizing your template is your right as a buyer. Customizations and modifications made to a template will not render the template a separate creation that you are then free to distribute to third parties. Our single-use license will apply to all resulting works that are created based on our templates.

 

 

ACCESSIBILITY, TERMS & PRIVACY POLICIES

 

Under the law, you may be required to have a terms of use agreement and privacy policy on your website. JWHITE BRANDING does not provide these documents in our template packages, and we recommend you use a lawyer to help you get these documents sorted. It is necessary to comply to local and other governing accessibility agencies. It is the buyer’s responsibility to is ensure that their website has met accessibility standards according to their governing agencies. . The Seller assumes no responsibility for any issues related to any language, whether incorrect, incomplete or missing, policies, terms & conditions, accessibility or other legal formalities needed to deem the product compliant by any laws or ordinances that govern the buyers and or the buyer’s website and or business.

 

WEBSITE CREDIT

 

Crediting creative work is important to us. By purchasing one of our products, you grant the Seller a permanent and royalty-free license to use representations of your website for promotional purposes on the Seller's website and social media platforms. JWHITE BRANDING templates include a credit that identifies us as the creator of the template and links to our website. You are obligated to maintain this site credit in the footer of your website, complete with an active hyperlink to JWHITE BRANDING website. 

 

LIMITED LICENSE

Any and all services, products and other materials that you access or are provided with by us are under the sole ownership or licensed use of JWHITE BRANDING including all Intellectual Property.

When you purchase or opt-in and receive materials, you receive a limited, non-transferable, non-exclusive, royalty free license for your personal, non-commercial purposes only to access the content or materials provided to you by us, so long as Buyer provides Seller with attribution outlined under Website Credit. You specifically acknowledge and agree that you do not obtain any ownership interest or other rights to the materials and all copyrights remain with us.

You cannot resell, lease, duplicate, license, sub-license, redistribute, or offer the template for free to any third party or marketplace.

 

Personal use includes, but is not limited to, use within the following contexts: 1. Buyer may not copy, duplicate, distribute, republish, or incorporate the product or any resources provided or allow others to copy, duplicate, distribute, republish or incorporate or use the Project.  2. Buyer may not crop, distort, manipulate, reconfigure, mimic, animate, create derivative works or extract portions or in any other manner, alter the Final Art. All copyright, trademarks, design rights and other intellectual property (registered and unregistered) shall remain vested in Seller. The Buyer agrees that such proprietary material is solely for Buyer’s own personal use.  3. Any disclosure to a third party, copying or republishing any portion of the Deliverable or its contents is strictly prohibited and constitutes infringement.

 

As part of your limited, non-transferable, non-exclusive royalty-free license you may (i) access the materials for your personal use only; (ii) download or print any of the materials provided to you for your personal use or personal use in your business only; and (iii) use any of our Intellectual Property with our prior written consent so long as all materials show “© JWHITE BRANDING” as the source of the materials and marking any of our federally registered trademarks with “®” or our common law trademarks with “™”. If you wish to use, publish any of our content, resources or materials you must first write to us Jessica@jwhitebranding.com and request our consent.

 

VIOLATIONS & INDEMNITY

We take violations and infringement of our Intellectual Property rights seriously. We expressly reserve the right to take whatever legal steps necessary to protect and defend our Intellectual Property, and violators will be prosecuted to the fullest extent permissible by law. You agree to indemnify, defend and hold us harmless for any and all damages, costs and expenses, including legal fees, arising from your misuse of our Intellectual Property and our enforcement of our rights.

 

INTELLECTUAL PROPERTY

 

While JWHITE BRANDING does not have any individual ownership over additional content that you add to our templates, we maintain complete ownership of all intellectual property related to the templates, products, resources, and the JWHITE BRANDING brand itself. This encompasses copyrights, trademarks, service marks, and patents. While providing you access to our products, JWHITE BRANDING does not confer or transfer any rights, title, or interests, except for a limited license. Additionally, you are not authorized to remove or modify any intellectual property notices or JWHITE BRANDING branding present in our templates and/or resources.

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