Last updated May 2018
The terms “I”, “me”, “my”, “we”, “us”, and “our” refer to 259 West. The term the “Site” refers to 259west.com. The terms “user” “you”, and “your” refer to site visitors, customers, and any other users of the site.
Use of 259west.com, including all materials presented herein and all online services provided by 259 West, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the site or service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
This website is owned and operated by Maria F. Gulick.
You must be at least eighteen years of age to use my website. Use of this website is at your own risk. I host my site on a reputable platform and take reasonable efforts to maintain and host the site. However, I make no explicit representations or warranties as to the safety or your individual use of the website. The terms and conditions contained on this page are subject to change at any time.
Any communications made through my ‘contact’ page, blog, blog comments, newsletter sign up, support tickets, or other related pages, or directly to my phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. I own any and all communications displayed on my website, servers, comments, emails or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails.
I maintain a right to republish any submission in whole or in part as reasonably necessary in the course of my business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.
You will receive an email to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform me as soon as possible.
Cancellations, Refunds & Returns
Due to the digital nature of my products, all sales are final. No returns, exchanges, or refunds will be provided under any circumstances. 259 West does not accept order cancellations once payment has been received and accepted.
Purchasing a theme for the wrong platform (WordPress theme for a Blogger site or WordPress theme for a WordPress.com site) is not grounds for a refund. Neither is incompatibility with third party plugins, or the inability to make desired customizations. If there are no functionality issues with your theme due to an error on my part that prevents you from using the theme as seen in the demo, the theme purchase is non-refundable.
Refusal of Service
Products and services are offered subject to my acceptance of your order or requests. I reserve the right to refuse service to any order, person or entity, without the obligation to assign a reason for doing so. No order is deemed accepted by me until payment has been processed. I may at any time change or discontinue any aspect or feature of the site, product, or service, subject to my fulfilling my previous responsibilities to you based on acceptance of your payment.
I describe and display my products and services as accurately as possible. While I try to be as clear as possible, please do not accept that the site is entirely accurate, current, or error-free. I may correct errors in pricing and descriptions. I reserve the right to refuse or cancel any order with an incorrect price listing.
Support is provided for customers of 259 West and I am here to help answer questions pertaining to any 259 West products, theme setup, and installation. Any further customizations to themes are not covered under our provided support and may incur an additional fee. Please visit my support page for more details and to receive assistance.
In order to use my products, services, and content, you may be required to provide information about yourself including your name, email address, username, password, and other personal information. You agree that any registration information you provide to 259 West will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose.
I am not responsible for any loss of data or errors that may occur when using my themes. It is highly recommended that you backup your existing theme, database, files, and content before installing a new theme.
Limitations of Liability
You agree that under no circumstances shall I be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or service.
259 West is not liable for damages in connection with any theory of legal liability. The foregoing applies even if 259 West has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, my liability is limited to the fullest possible extent permitted by law.
In no event shall 259 West cumulative liability to you exceed the total purchase price of the service you have purchased from 259 West. If no purchase has been made by you, 259 West’s cumulative liability to you shall not exceed $100.
Use of the site and service
Information provided on the site and in the service related to WordPress Design & Development and other information are subject to change. 259 West makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. 259 West disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
You may use the site, service, and products for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the site. You agree to use the site and to purchase services or products through the site for legitimate, non-commercial purposes only. You shall not post or transmit through the site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
I may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this site. Any use of the site, service, or products by you after being notified means you accept these amendments. I reserve the right to update any portion of my site, service, and products, including these Terms and Conditions, at any time. I will post the most recent versions of the site and list the effective dates on the pages of our Terms and Conditions.
Third Party Resources
The site and service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with 259 West. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the site or service.
You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
If at any time I feel you have violated these Terms and Conditions, then I shall immediately terminate your use of my website and any related communications as I deem appropriate. It is within my sole discretion to allow any user’s access of my website, and I may revoke this access at any time without notice, and if necessary, block your IP address from further visits to my site(s).
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Law and Jurisdiction
These Terms and Cnditions are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Washington, the United States of America.
By using my website, and purchasing my products, you hereby consent to my Terms and Conditions of Use.