Decisive Design LLC dba Decisive Sites
1. Your Acceptance
2. Services Overview
This website and our Services are designed to give users an easy and affordable option for putting their business online in the form of a website, along with offering online marketing services.
3. Third Party Links
Services might include links to third party websites. We don’t own these site, and they aren’t under our control. Consequently, we aren’t responsible for the content, privacy policies, or practices of a third party website and in using these sites you relieve Decisive from all liability that might result from your use.
4. Your Reliance on Information Posted
- WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF INFORMATION ON THE WEBSITE OR IN A SERVICE.
- WARRANT OUTCOME. YOUR RELIANCE ON INFORMATION WE PRESENT IS AT YOUR OWN RISK. IF YOU HAVE ANY QUESTIONS, PLEASE SEEK THE APPROPRIATE ASSISTANCE.
ALL STATEMENTS AND/OR OPINIONS EXPRESSED IN THIRD PARTY MATERIALS ARE THE OPINIONS OF THE PERSON OR ENTITY PROVIDING THEM AND THEIR SOLE RESPONSIBILITY. WE AREN’T RESPONSIBLE FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY THIRD PARTIES.
A. In order to access certain Services, you may need to open an account. The account must belong to you and be registered in your name.
B. As a condition of using our Services, you must provide accurate and complete information and are solely responsible for activity that occurs under your account.
C. Treat user names, passwords or any other piece of security information as confidential, and don’t share this with anyone else. Your account is personal to you, and no one (or thing) else may access this website, or its Services, using your user name, password or other security information. Notify us immediately if you discover a breach of security or an unauthorized use of your account.
D. This website is for users who are 18 years of age or older. By using this Website, you represent and warrant you are of legal age to form a binding contract with us.
6. Your Use of the Service—Permissions and Restrictions
not to alter or modify any part of a Service or any copyright, trademark or other proprietary notices appearing in a Service.
not to use an automated system that sends more request messages to our servers than a human can reasonably produce in the same period using a conventional on-line web browser. This includes, but isn’t limited to, “robots,” “spiders,” or “offline readers.” However, we grant operators of public search engines permission to use spiders to copy materials from the site for the purpose of, and solely to the extent necessary to, create searchable indices of materials publicly available, but not caches or archives of such materials. We reserve the right to revoke these exceptions generally or in specific cases.
not to collect personally identifiable information, including account names, from the Service, or to use a Service’s Content or communication systems (e.g., comments, email) for solicitation purposes. You also agree not to exploit or harm (or attempt to exploit or harm) minors by exposing them to inappropriate content.
not introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. And you do not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this website, the server on which the website is stored, or any server, computer or database connected to the website.
not to engage in conduct that restricts or inhibits anyone’s use of our Services, or which, as determined by us, may harm us or users.
7. Transactions and Placing an Order
All descriptions, images, references, content, specifications, products, and prices depicted are subject to change at any time without notice. We make every effort to display colors, designs and size approximations as accurately as possible but we can’t guarantee your computer system, operating system or web browser will similarly display these.
With reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar a user from making or completing a transaction or transaction(s); and (iv) refuse to provide a user with a product or service.
8. Billing and Payment
Applicable Fees: Applicable fees, such as exchange rates incurred by a bank and/or credit card company, are for the customer’s account. Customers are also responsible for paying taxes, duty or other customs, tariffs or clearing expenses.
Refunds: We will not issue refunds for products or Services purchased. The only exception is website design, where a refund may be available if a user isn’t completely satisfied with the design. However, a refund will only be available if the user notifies us of their dissatisfaction in writing prior to the site being launched and going live. Once a site is live, and any other Services we offer, will be under our cancellation policy below. all resolutions will be decided on in our sole (but reasonable) discretion and considered final.
Payment: Payment for all products must be by credit card, debit card, or PayPal. In the event we suspend or terminate your account because of a breach of these terms, you agree you will not receive a refund or exchange for any unused subscription time, any license or subscription fees for any portion of the Service, content or data associated with your account, or anything else. We reserve the right to withhold payment or charge back to your account any amounts otherwise due to us under these terms, or amounts due because of your breach of these terms.
Promotional codes/discounts are only valid on an initial order, and not with the recurring charges unless we say otherwise. Gift plans and/or e-gift cards must be redeemed within one year of purchase. Once redeemed, they cannot be cancelled/refunded. You will not be eligible for a refund if not redeemed within the expiration date.
Payment Dispute: All information you provide in connection with a purchase or transaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card or debit card, used in connection with a purchase or transaction with the Service at the prices in effect when such charges are incurred. If you dispute any payment, you must notify us in writing within forty-eight (48) hours of such payment. Failure to so notify within this time period, or in writing, will result in your waiver of any claim relating to the disputed payment. If, after our investigation we are found to be in error we will refund any moneys owed. However, if after an investigation we conclude there is no dispute all amounts due will be immediately payable and we reserve the right to suspend service until the account is current or the Service is cancelled. For more about cancellation, please see our cancellation policy below.
Your total price will include the price of the product plus any applicable sales tax, state and/or local sales tax based on the shipping address and the sales tax rate in effect at the time you purchase the product. You will be responsible for all taxes due.
10. Subscriptions and Cancellation Policy
You may choose a subscription plan through the Service. We offer “Monthly” and “Annual” subscriptions. Our subscription plans consist of an initial charge followed by recurring charges on a monthly or annual basis, depending on the subscription. The initial payment will be withdrawn at the time of sign-up. Then after, we’ll submit periodic charges (e.g., monthly, annually) without further authorization from you, until you opt out of auto-renewal. By using the Service, you acknowledge your subscription has an initial and recurring payment feature and that you accept responsibility for all recurring charges prior to cancellation or termination. Payments are automatically withdrawn on the day of your original sign-up each month. This date cannot be manually changed, as it is set up automatically within our system. If a monthly subscription is scheduled for a date that does not occur in a month (such as the 31st), you will be charged on the last day of the month instead.
To cancel a subscription, contact us through our contact page at https://decisivesites.com/contact/ at least 7 days before your subscription is set to renew. For example, if you are on a monthly plan and want to cancel for the month of October, you must submit a cancellation request 7 days prior to the first day of October. Please note, you won’t receive a refund of any pre-paid amounts with a cancellation, unless your website has not launched yet. Cancellations will stop future renewals. If you’d like to receive your files and database to migrate your site to a different host/platform, you i) must have been with us for two full (or 24 months) contiguously paid years; or ii) pay the difference between what has been paid contiguously up to the time of cancellation and the amount you would have paid after two contiguous years at your current subscription level at the time of cancellation. If you choose not to “buy out” your site, the site will remain on our servers for a period of 15 days for you to manually migrate (copy/paste) your content and images. After 15 days we reserve the right to delete all files and content without liability.
We reserve the right not to renew your subscription at any time without giving reasons for our decision. We also reserve the right to modify or remove subscription plans without prior notice or liability.
11. Your Use of Content On the Site
The following apply to your use of Content (as defined below). You agree:
A. Content is provided AS IS, for your informational and personal use. Decisive is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content and your use of Content is at your sole risk and expense.
B. Outside of personal viewing, you may not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit Content without our prior written consent and the written consent of the person or entity supplying the Content. You also may not circumvent, disable or otherwise interfere with security-related features of a Service, including features that restrict use or copying of Content or enforce limitations on use of a Service or its Content.
C. We do our best to monitor user accounts, however you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. Where this happens, report to us immediately. Because we can’t possibly monitor every account at all times, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Decisive with respect to such contact.
D. If, at our request, you send specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We reserve all rights not expressly granted in or to a Service and its Content.
12. Your Content and Conduct On the Site
A. The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, contact forms, and other interactive features (collectively, “Interactive Services“) allowing users to post, submit, publish, display or send to other persons (hereinafter, “post”) content or materials (collectively, “Content“) on or through our website. As an account holder you may post Content, however, you understand in doing so that any Content you post to the website will be considered non-confidential and non-proprietary.
B. You are solely responsible for Content you post, along with any consequences of submitting and publishing Content on the world wide web. You represent and warrant (promise) that you own all necessary licenses, rights, consents, and permissions to post the Content you submit; and if you don’t own these rights they you’ve obtained them from the legal owner.
D. To be clear, the license you’ve agreed to above does not transfer ownership. It allows us to do things like highlight your profile on the homepage, promote the website and its Services, suggest other users to follow, repurpose part or all of the Service in other media formats or through other media channels and otherwise carry out business in a way that allows users to benefit from being a part of our community. However, you may revoke the rights granted above at any time in a writing sent to us at firstname.lastname@example.org and/or by requesting your account be cancelled. Do keep in mind, though your Content may be removed from our Services we can’t guarantee Content will be removed from the Internet.
E. Note, the licenses you’ve granted above will terminate within a commercially reasonable time after you remove or delete your Content from a Service or your Content is deleted or removed from a Service. However, you understand Decisive may retain server copies of Content that have been removed or deleted for archival purposes. And the above licenses granted by you in user comments you submit are perpetual and irrevocable (i.e. may not be revoked).
F. By connecting a Service with a third-party service, like a social media app, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials from that service.
G. You may not post Content or other material that:
- is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable, promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age,
- infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person,
- is likely to deceive any person,
- promotes any illegal activity, or advocate, promote or assist any unlawful act,
- causes annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person,
- impersonates any person, or misrepresent your identity or affiliation with any person or organization,
- involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising, or
- gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
and the foregoing will apply to the use of any Interactive Service.
H. We may disclose your identity (or other information about you) to a third party who claims Content you post violates their rights, including intellectual property rights or privacy rights. We may also take legal action, including without limitation, referring you to law enforcement, for any illegal or unauthorized use of the website. You understand we will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Services.
I. You may not submit Content that violates applicable local, national, or international laws and regulations.
J. We do not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed in Content. We will not be responsible for, and expressly disclaim, any and all liability in connection with recommendations, suggestions, insights or advice expressed in Content found on or through our Services.
13. Termination of Use or of an Account
14. Digital Millennium Copyright Act
A. We do not permit activities that violate or infringe on the intellectual property rights of others if notified, in accordance with this Section, that such Content infringes on another’s intellectual property rights. We reserve the right to remove such Content without prior notice and without liability.
B. If you are a copyright owner (or an agent thereof) and believe Content infringes upon your copyrights, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- Identification of the copyrighted work claimed to have been infringed;
- The material claimed to be infringing that is to be removed or disabled and information reasonably sufficient to permit us to locate the material;
- Contact information, such as an address, telephone number, and, if available, an email address;
- A statement that: (1) you believe in good faith the material is not authorized by the copyright owner, its agent, or the law; and (2) the information you supply in the notice is accurate, and you are authorized to act on behalf of the owner that is allegedly infringed.
Send copyright infringement notifications to email@example.com. For clarity, only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section your DMCA notice may not be valid.
15. Warranty Disclaimer
YOU AGREE YOUR USE OF A SERVICE OR THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DECISIVE DESIGN LLC DBA DECISIVE SITES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THE SERVICES. DECISIVE DESIGN LLC DBA DECISIVE SITES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE (OF ANY NATURE) RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THEM, (IV) ANY INTERRUPTION OF OUR SERVICES, OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY. DECISIVE DESIGN LLC DBA DECISIVE SITES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED SERVICES OR THOSE FEATURED IN ANY BANNER OR OTHER ADVERTISING. DECISIVE DESIGN LLC DBA DECISIVE SITES WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR MONITORING, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES SO PLEASE USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
16. Limitation of Liability
18. Fraud Protection
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
You affirm you are either: (1) 18 years of age or older, (2) an emancipated minor, or (3) have gotten permission to use our Services from a legal parental or guardian.
21. Trademarks and Intellectual Property
Decisive Design LLC dba Decisive Sites and all related names, logos, product and service names, designs and slogans are trademarks of Decisive Design LLC dba Decisive Sites or its affiliates or licensors. You may not use these marks without our written permission prior to using. All other names, logos, product and service names, designs and slogans on this website are the trademarks of their respective owners. This website and its features, functionality (Content, trademarks, service marks and logos) are owned by, or if not owned licensed to, Decisive Design LLC dba Decisive Sites and are subject to copyright, trademark, patent, trade-secret and other intellectual property or proprietary rights under the law. You may only use these as directed, to the extent directed. If you have any questions, please contact us.
23. Notice for California Users
If you are a California resident, you can request information regarding the disclosure of your personal information by Decisive Design LLC dba Decisive Sites to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org or write to us at 2000 N Central Expy, Suite 214, Plano, TX 75074. Under California Civil Code Section 1789.3, California Website users are 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 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Any feedback, comments, requests for technical support, and other communications should be directed to our customer service through email@example.com.
EFFECTIVE DATE: 12/1/2017 – PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.