Terms of Service

Welcome to Elegant Themes

We are a WordPress Theme & Plugin company, which means we build web software that people (our “Clients”) can use to power their websites or their client’s websites (our “Service”). People who run their websites on WordPress, or web development agencies that build websites for their clients on WordPress, can purchase our Themes & Plugins to assist them in the creation of those websites. Our Themes are pre-made templates that change how the website looks, while the plugins add functionality. Clients in turn make their websites available to their customers (“End Users”).

Elegant Themes, Inc. (“Elegant Themes”, “we” or “us”) offers various services to you, our Client and your End Users, through our website (www.elegantthemes.com), all of which are conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your use of the Service and/or your registration with us constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. Any changes that are made to these Terms of Service will not apply retroactively and will not apply to disputes or events occurring before the change is published. You are responsible for reviewing these Terms of Service on a regular basis. These Terms of Service apply to all visitors and all who access our website or Service.

Elegant Themes, Inc. is located at 977 West Napa Street #1002, Sonoma, CA 95476

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

We respect the privacy and security of our Users. You understand that by using our Service, you give consent to the collection, use and disclosure of our personally identifiable information as well as any non-personally identifiable information, as described in more detail in our Privacy Policy.

You affirm that you are either more than 18 years of age, or an emancipated minor, 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 these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you represent that you are over the age of 13, as this Service is not intended for children under 13. If you are under 13 years of age, then please do not use Elegant Themes or our Service.

In our discretion, we may maintain different accounts for different types of Users. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and that you agree to these Terms on the entity’s behalf. By connecting to Elegant Themes with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that third-party service, and to store your log-in credentials for that third-party service. The Service is not available to any User who has been removed from the Service by Elegant Themes.

Services

Themes And Plugins

Elegant Themes is your destination for premium themes and plugins for your WordPress website. Our themes and plugins are sold as a digital download through our website. You may also receive support through our website via email or our support forums. By using our Service, you’ll be able to design your website at the fraction of the cost of hiring a web designer.

Divi Cloud

In addition, Elegant Themes offers you storage capabilities for your layouts and other assets as a part of the Divi Cloud product. You will be able to store a limited number of layouts and other assets for free with the ability to upgrade to a premium product for additional storage capacity.

Divi Teams

For a separate monthly fee, we have created Divi Teams which allows you, the Client, to purchase “seats” and to set up roles and permissions for team members and your End Users to use Divi and Divi Cloud for your projects. In addition, all authorized Divi Team users will have access to standard Support and other resources provided by Elegant Themes. All billing for Divi Team will be handled through a centralized Master Account for you. You are responsible for all charges made by authorized Divi Team users.

Divi Hosting

We partnered with hosting companies that we trust based on personal experience. We tested Divi on tons of different hosts and sought out the best of the bunch to create hosting packages that work well with Divi. All hosting is provided by third parties, which are responsible for the hosting services provided.

Marketplace

Elegant Themes offers third-parties an opportunity to use third-party designed products with our themes via Elegant Themes’s Marketplace.

Terms For Marketplace Customers:

Please note the following additional terms which apply to all third-party products:

• 1. While Elegant Themes will perform some code review prior to accepting a third-party product into the Marketplace, Elegant Themes expressly disclaims any and all warranties and makes no representations about any third-party product available through the Marketplace. If you have any questions or issues, please contact the maker of the product via support tab on the product page.
• 2. Elegant Themes provides no support for any third-party product offered through the Marketplace. If you have any questions or issues, please contact the maker of the product via support tab on the product page.
• 3. Subscription to a third-party product will not extend your subscription term with Elegant Themes. For example, if you subscribe to a third-party product with only one month remaining on your Elegant Themes subscription, if you don’t renew your annual subscription or convert to a lifetime subscription, you will lose access to the members area, all new themes and theme updates and tech support at the end of the subscription term. You will however be able to continue using themes that you have downloaded as well as any third-party products.
• 4. Elegant Themes does not control the pricing of any third-party products. All third-party products are available individually on a yearly subscription basis only.
• 5. Elegant Themes is not responsible for any disputes you may have involving third-party products and you agree that you waive any liability against Elegant Themes in connection with any third-party product.
• 6. Inclusion of a third-party product in the Marketplace does not imply any endorsement of such product.
• 7. Elegant Themes expressly disclaims any and all warranties and makes no representations about any third-party product available through the Marketplace.

Terms For Marketplace Creators:

• 1. You, as the creator for your third-party product, must have and maintain a current subscription to participate in the Marketplace, and you must create a separate Marketplace account.
• 2. Any third-party product for use with any of Elegant Themes’s WordPress themes which is submitted to the Marketplace shall be subject to a code review as well as a quality control review by Elegant Themes and may be rejected by Elegant Themes in its sole discretion.
• 3. There shall be no time limit imposed on Elegant Themes for completing either a code review and quality control review of any third-party product.
• 4. Elegant Themes shall have the right in its sole discretion to reject and/or remove from its Marketplace any third-party product at any time for any reason, including but not limited to failure to provide support or failure to maintain a specific Star rating, as determined from time to time in Elegant Themes’s sole discretion.
• 5. Elegant Themes provides no support for any third-party product. All support obligations are your responsibility.
• 6. All products must be released under the GNU Public License.
• 7. You are free to set or change the fee for your third-party product.
• 8. You may request to remove the third-party product from the Marketplace at any time. After a third-party product has been removed from the Marketplace, customers who have already purchased the product will retain access to the product and product support for the remainder of their licensing term.
• 9. Elegant Themes makes no representation or warranty that you will achieve any amount or level of license fees as a result of participating in the Marketplace.
• 10. Elegant Themes does not represent or warrant that it will provide any minimum level of exposure or advertising for your third-party product, and Elegant Themes shall be unrestricted with respect to how it chooses to showcase third-party products in the Marketplace.
• 11. After deducting its agreed to percentage for inclusion in the Marketplace, Elegant Themes will remit the remaining balance in US Dollars less any tax withholdings, chargebacks, credits, refunds, credit reserves and third-party payment provider fees once per month within thirty-one (31) days of the end of each month.
• 12. Elegant Themes shall have the right to establish and adjust any credit reserve in its sole discretion. Elegant Themes will release the credit reserve 120 days after the end of the month in which the Marketplace account is closed or terminated.
• 13. If you offer more than one third-party product through the Marketplace, Elegant Themes may aggregate all revenue and costs into a consolidated statement and account.
• 14. In the event of any dispute, Elegant Themes shall have the right in its sole discretion to issue any credits and deduct such sums from any balance.
• 15. You represent and warrant that any third-party product you offer will not violate the intellectual property rights of any third-party, and you agree to indemnify, defend and hold harmless Elegant Themes from and against any liability, claims or legal action (including attorneys’ fees) arising from any violation of the foregoing representation and warranty.
• 16. Within your account, you have to option to opt-in to allow your products to be bundled. If you enable this option, it gives Elegant Themes to freedom to package your products along with other products in the form of a product bundle. This allows customers to purchase multiple products at once. Bundles can be sold at a percent discount of Elegant Themes’s choosing, and this discount is applied to each product in the bundle. You can opt-out of product bundles at any time using the contact button in your account, after which your products will be removed from bundles within 2 weeks.
• 17. Creators have the option to opt-in to site-wide discounts. If you opt-in, it gives Elegant Themes the freedom to sell your products at a discount. If we are running a site-wide sale, your products will automatically be included in the sale and may receive additional exposure.

Support Policy

Elegant Themes provides support services for its products to Clients with active memberships. Divi Teams allows Clients to allow their End Users to receive support services separately. Support is provided via the Elegant Themes Support Forum, a public support ticketing system. Upon subscription expiration or account closure, a Client’s (including their End Users) access to support is terminated.

Elegant Themes provides support for its own products only. We do not provide support for third-party products or services (including hosting), nor do we provide support for our own products when obtained through third-parties.

Our products are provided as is. We do not provide support with product customization, alteration or feature addition, nor do we guarantee that our products will be compatible with third-party software or services.

Registration

By registering and participating in this Service as a Client, you agree and represent as follows:

• 1. You are of legal age and are otherwise capable of forming a legally binding contract;
• 2. All information you submit to Elegant themes or in connection with our Service is accurate and complete and that you will maintain and promptly update any profile supplied to us to ensure accuracy at all times;
• 3. You agree to be contacted via Email, SMS and text messaging by Elegant Themes, and third-parties if relevant, regarding Elegant Themes’s services;
• 4. You hereby grant Elegant Themes permission to email or display your profile and such other information as may be supplied by you to us on or from our website as we shall deem advisable in our sole determination in connection with the Service or for marketing purposes thereof;
• 5. By using the Service, you are granting us permission to access your account and those messages, data, information, text, graphics, audio, video or other material posted/uploaded/transmitted to or through the Service using your account, solely in connection with the provision of Services.
• 6. Our WordPress themes and plugins are released under the GNU Public License version 2.0.

You may visit our Site without registering. However, in order to buy any of our themes or products you will be required to register for an account. When creating an account, we will collect your name, address, country of origin and email. If you decide to purchase any of our products, you will also be required to submit your PayPal or credit card information to our third-party payment processors. We may also ask you for additional information if necessary.

Responsibility For User Content

Elegant Themes respects the rights of third-party creators and content owners and expects that you will do the same. Given the nature of the Service and the volume of information submitted, we cannot and does not monitor all of the Materials (including third-party products) posted or transmitted by you and other third-parties via the Service, including, without limitation, any Materials posted via the website. You expressly agree that we: (a) will not be liable for Materials and (b) reserve the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability and without notice to you. We reserve the right, but are not obligated, to remove User Content (i.e., any content or products submitted by you) from the Service for any reason, including User Content that we believe violates these Terms or our Acceptable Use Policy below.

When viewing the theme demos at http://www.elegantthemes.com/gallery/, you will see several photographic images used. These photos serve as example images only and are not included in the membership. Our themes and plugins do not come packaged with any copyrighted photography. The photos used in the demos are purely for demonstration purposes, and are used to give the visitor a functional preview of what the theme will look like once content has been added. You are responsible for adding your own thumbnail images. The photos used in our demos are licensed from http://www.shutterstock.com/, and are Copyright Shutterstock Images LLC. These photos should not be saved, copied or redistributed in any way.

It is the policy of Elegant Themes to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws.

Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this website:

Elegant Themes, Inc.
Attention: Legal Department
977 West Napa Street #1002
Sonoma, CA 95476
Email: support@elegantthemes.com

To be effective, the notification must be a written communication that includes the following:

• 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
• 5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
• 6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Acceptable Use Policy

The following is a partial list of the kinds of activities that are prohibited on or through the Service: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Service users, including names, phone numbers, addresses, email addresses, (collectively, “User Data”) without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the Elegant Themes website or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of our Licensors or Suppliers. In addition, you covenant and represent that you will not use the Service in violation of the law or these Terms of Service.

Forums

The Service may offer forums, blogs, comments areas, bulletin boards and chat rooms (collectively, “Forums”) that are intended to provide users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. Elegant Themes does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. Uploading copyrighted or other proprietary material of any kind on the Service without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold Elegant Themes responsible for any third-party’s use of information contained in such posting. To maintain a positive, creative environment in which Users may share and display Materials, we ask that you only use the Service in a manner that is consistent with our Acceptable Use Policy.

You agree not to use usernames or Forum titles that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name or the title of your Forum at any time and for any reason in our sole discretion.

Use of Third-Party Services

As a part of our Service, we may offer links to hosting providers and websites operated by various third-parties and are not responsible or liable for any acts or omissions created or performed by these third-parties. We provide such links for your convenience and reference only. Elegant Themes does not operate or control in any way any information, software, products or services available on such websites. Our inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

Representations and Warranties and Indemnification

You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third-party or violate any other rights of third-party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; (e) your use of the Service shall not violate any agreements between you and a third-party.

You agree to indemnify, defend and hold harmless Elegant Themes, and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to: (a) the Materials you provide or approve for publication, (b) your use of the Service, (c) your breach of these Terms of Service, or (d) any actual, prospective, completed or terminated service between you and a third-party.

Disclaimers and Limitations

Elegant Themes intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. Any storage capability is provided on an “as is” and “as available” basis. You should always maintain a back-up copy of your layouts or assets. In addition, Elegant Themes may make changes, modifications and improvements to the information provided herein at any time. Elegant Themes does not warrant that its products or services will be available at any particular time or location or that its products or services are free of viruses or other harmful components. Elegant Themes makes no representations about the technical accuracy or functionality of the products or services or that there are accurate, error-free or up-to-date. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” ELEGANT THEMES AND/OR ITS SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF Elegant Themes’s SERVICE IS AT YOUR OWN RISK. YOU, AND NOT ELEGANT THEMES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF ELEGANT THEMES PRODUCTS OR SERVICES.ELEGANT THEMES AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF Elegant Themes’s WEBSITE OR SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH ELEGANT THEMES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ELEGANT THEMES AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ELEGANT THEMES OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. Elegant Themes’s LIABILITY, AND THE LIABILITY OF Elegant Themes’s SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF $100.00. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN ELEGANT THEMES AND YOU. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

ERRORS AND DELAYS

Elegant Themes is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or any other technical problems.

FORCE MAJEURE

Neither party shall be liable for any failure to timely perform any of its obligations under this Agreement if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including, without limitation, fire, flood, strikes, hurricanes, and other industrial disputes, failure of raw material, failure of transport, accidents, wars, riots, insurrections, pandemics, acts of God or orders of any government department or agency.

Subscriptions and Payment

After browsing our website, you may be interested in purchasing some of our Elegant Themes designs. You will be required to submit payment information to do so. To process our payments we use PayPal, Stripe.com or Authorize.net. You must agree with their terms and conditions before paying for any of our products.

Elegant Themes offers various subscription packages. This subscription will automatically renew at the end of the year, and you will be automatically billed at the end of your term for the next year if your subscription is still active. You can cancel your subscription at any time by logging in to the Elegant Themes members area and navigating to the Account > Cancel page. If you used PayPal to purchase your account, you may also cancel your subscription from within your PayPal.com account. If you do not cancel before the date of your renewal, you will be automatically billed for the next billing cycle. If you use Divi Hosting, you will be charged separately by our hosting partner.

Refund Policy: We offer refunds to any unsatisfied customer up to thirty (30) days after the purchase was made. If you would like your money back, simply send us an email at support@elegantthemes.com with a description of your problem and request for a refund.

Taxes: You are solely responsible for any applicable state, federal or provincial taxes. Although you may not be charged taxes by us, you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.

Termination

Elegant Themes reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any or no reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You are only allowed to use the products and services of Elegant Themes for their intended purpose and may not cause an unreasonable load on the Elegant Themes’ servers. You may not resell, rent, sublicense or otherwise permit a third party to make any use of your account or of the Service provided. Any violation of these Terms of Service may result in termination of your access to the Service without any refund.

You may unsubscribe from any further communication from Elegant Themes at any time by delivering a written notice addressed to support@elegantthemes.com. You shall be responsible for ensuring delivery of the notice to Elegant Themes. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the Elegant Themes emails.

Elegant Themes reserves the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. Elegant Themes shall have no liability to you or any third-party should Elegant Themes modify or discontinue any service or an aspect thereof.

Dispute Resolution

Any claim or controversy arising out of or relating to the use of Elegant Themes’s Service, to the goods or services provided by Elegant Themes, or to any acts or omissions for which you may contend Elegant Themes is liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by arbitration in San Francisco, California, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator under the Commercial Arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the State of California, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each part shall bear its own costs and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in California. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND ELEGANT THEMES WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND ELEGANT THEMES ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Elegant Themes otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

California Users and Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Elegant Themes must be addressed to our agent for notice and sent via certified mail to: Agent of Elegant Themes, Inc., 977 West Napa Street #1002, Sonoma, CA 95476.

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

General

You agree that: (i) the Service shall be deemed solely based in California; and (ii) this Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over Elegant Themes, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in San Francisco, California or the United States District Court for the Northern District of California, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above. These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and us concerning this Service and supersedes any prior written or oral representations. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND ELEGANT THEMES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms of Service may not be transferred or assigned by you, but may be assigned by Elegant Themes without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to Elegant Themes.