Terms of Use

Last updated: July 28, 2015

This web page represents our Terms of Use and Sale (“Agreement”) regarding our website, www.appetizingsites.com (“Website”). The terms, “we” and “our” as used in this Agreement refer to Appetizing Sites, LLC.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

We refer to this Agreement, our Privacy Policy, and any other terms, rules, or guidelines on our Website collectively as our “Legal Terms.” You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Website. If you do not wish to be so bound, please do not use or access our Website.

Limited License

Appetizing Sites, LLC grants you a non-exclusive, non-transferable, revocable license to access and use our Website in order for you to make purchases of services, consultation, or electronic documents through our Website, strictly in accordance with our Legal Terms.

Copyrights and Trademarks

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by Appetizing Sites, LLC. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. Appetizing Sites, LLC aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Appetizing Sites, LLC, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Appetizing Sites, LLC. Appetizing Sites, LLC prohibits use of any logo of Appetizing Sites, LLC or any of its affiliates as part of a link to or from any Website unless Appetizing Sites, LLC approves such link in advance and in writing. Fair use of Appetizing Sites, LLC’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.

Links to Third-Party Websites

Our Website may contain links to Websites owned or operated by parties other than Appetizing Sites, LLC. Such links are provided for your reference only. Appetizing Sites, LLC does not monitor or control outside Websites and is not responsible for their content. Appetizing Sites, LLC’s inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Appetizing Sites, LLC’s inclusion of the links imply that Appetizing Sites, LLC is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Content Disclaimer

Postings on our Website are made at such times as Appetizing Sites, LLC determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. Appetizing Sites, LLC does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

No Warranties; Exclusion of Liability; Indemnification

OUR WEBSITE IS OPERATED BY APPETIZING SITES, LLC ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, APPETIZING SITES, LLC SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR WEBSITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. APPETIZING SITES, LLC SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR CONTRACTS OR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY CONTRACTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER Appetizing Sites, LLC OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, CONTRACTS AND SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL APPETIZING SITES, LLC’s LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO APPETIZING SITES, LLC FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE FOREGOING, APPETIZING SITES, LLC DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

YOU AGREE THAT ALL TIMES, YOU WILL LOOK TO ATTORNEYS FROM WHOM YOU PURCHASE SERVICES FOR ANY CLAIMS OF ANY NATURE, INCLUDING LOSS, DAMAGE, OR WARRANTY. APPETIZING SITES, LLC AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY CONTRACTS AND SERVICES OFFERED THROUGH OUR WEBSITE.

APPETIZING SITES, LLC MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE, CONTRACTS, OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Pennsylvania, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Indemnification

You agree to defend, indemnify and hold Appetizing Sites, LLC harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Website or any Contracts or Services you purchase through it.

Pricing

Standard pricing for our service is as follows: $39 per month for tier one (available to certain customers only), $69 per month for tier two, and $99 per month for tier three. Outside of our standard monthly plans, we provide a wide range of additional marketing services custom-tailored to each of our customers, which can range anywhere from $39 per month to $2500+ per month. Our typical hourly rate for customers not on a contract is $85 per hour but can vary based on a number or factors, including type of service and turnover time. Pay Per Click management pricing varies depending on the size of the campaign and length of contract. Additional SEO plans start at $250 per month and vary based on number of keywords targeting and services provided. All custom web design and web development projects are priced based on specific contract requirements and conditions.

Refunds

We want to make sure you are 100% happy with your purchase and the services we provide. Refunds for any recurring or one-time services are not provided, but you can cancel anytime, should you not be satisfied with your service. Cancellation fees may apply – please see you individual contact for details.

Monthly Websites

All Monthly Website plans are billed automatically on the first of the month. You can easily cancel your Monthly Website plan subscription at any time by contacting us at info@appetizingsites.com. Should you have a contract in place, you will be billed for the remainder of your contract period at the agreed rate or for your plan’s cancellation fee. See your contract for more details. No refunds are provided for prorated periods. Should you cancel, your website will remain hosted on our servers for the remainder of the month. At the end of the month, your website and all related data and email will be permanently removed from our server.

Hosting

All web and email hosting is included in our standard plans at no extra cost for up to 10 GB of storage. You can easily cancel your plan anytime by emailing info@appetizingsites.com (cancellation fees may apply). Any cancelled plans will remain in effect until the end of the monthly subscription period, at which point your account will be removed permanently along with any files, data, email, etc. stored on our servers under your account. Backups are typically not provided, but may be provided on special request for an additional fee. Refunds are NOT provided for any plans.

SEO

All add-on SEO plans are billed automatically on the first of the month. You can easily cancel your SEO plan subscription at any time by contacting us at info@appetizingsites.com. All SEO plans are month-to-month unless agreed upon otherwise via a specific contract. There are no cancellation fees for any plan that is not stipulated by a specific contract length. No refunds are provided for prorated periods.

PPC

All PPC management plans are billed automatically on the first of the month. Billing includes your monthly campaign budget and our management fee. You can easily cancel your PPC plan subscription at any time by contacting us at info@appetizingsites.com. All PPC plans are month-to-month unless agreed upon otherwise via a specific contract. There are no cancellation fees for any plan that is not stipulated by a specific contract length. No refunds are provided for prorated periods. Should you cancel, your campaign will remain in effect and unchanged until funds have been depleted for the remainder of the month.

Website Maintenance

All standard monthly plans include Website Maintenance at no extra cost. Any additional Website Maintenance plans outside of your contract are billed automatically on the first of the month. No refunds are provided for prorated periods or unused hours.

Custom Websites

All custom web design and web development projects are billed on the following scheduled unless stated otherwise within your project contract: 25% down payment, 50% due upon delivery of completed project, 25% after launch approval but prior to launch. Payments can be made with cash, check, or credit card. No refunds are provided for any projects cancelled prior to launch, regardless of cancellation reason. Cancellation does not void your contract; you are responsible to fulfill your contract and make payment in full immediately after cancellation.

Disclaimer

All information (including agreements, forms and documents) available on Our Site, www.appetizingsites.com, are provided without any warranty, express or implied, including as to their legal effect and completeness. The information should be used as a guide and modified to meet your own individual needs and the laws of your state. Appetizing Sites, LLC and any of its employees, contractors, or attorneys who participated in providing the information are not responsible for information provided. Your use of any information from Our Site is at your own risk.

Communications between you and Appetizing Sites, LLC is only protected by our Privacy Policy.

Contact Us

If you have any questions about these Terms, please contact us at info@appetizingsites.com.