PRIVACY, GDPR COMPLIANCE
& TERMS OF SERVICE
Effective date: May 27, 2018
PageBuilder.Pro (“us”, “we”, or “our”) operates the www.pagebuilder.pro website (the “Service”).
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
- Service – Service is the www.pagebuilder.pro website operated by PageBuilder.Pro
- Personal Data – Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
- Usage Data – Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Cookies – Cookies are small pieces of data stored on your device (computer or mobile device).
- Data Processors (or Service Providers) – Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
- Data Subject (or User) – Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
- Advertising Cookies. Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.
Use of Data
PageBuilder.Pro uses the collected data for various purposes:
- To provide and maintain our Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer support
- To gather analysis or valuable information so that we can improve our Service
- To monitor the usage of our Service
- To detect, prevent and address technical issues
- To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
PageBuilder.Pro may process your Personal Data because:
- We need to perform a contract with you
- You have given us permission to do so
- The processing is in our legitimate interests and it’s not overridden by your rights
- For payment processing purposes
- To comply with the law
Retention of Data
PageBuilder.Pro will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there.
Disclosure of Data
Disclosure for Law Enforcement
Under certain circumstances, PageBuilder.Pro may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
PageBuilder.Pro may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of PageBuilder.Pro
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
Security of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. PageBuilder.Pro aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
- The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
- The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
- The right to object. You have the right to object to our processing of your Personal Data.
- The right of restriction. You have the right to request that we restrict the processing of your personal information.
- The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
- The right to withdraw consent. You also have the right to withdraw your consent at any time where PageBuilder.Pro relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
- Google Analytics
- Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
- For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
We may use third-party Service Providers to show advertisements to you to help support and maintain our Service.
- Google AdSense & DoubleClick Cookie
- You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings web page: http://www.google.com/ads/preferences/
- Google AdWords
- Google AdWords remarketing service is provided by Google Inc.
- You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
- Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
- For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
The payment processors we work with are:
Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
- By email: firstname.lastname@example.org
Terms Of Service
You hereby further agree that this beta testing does not constitute and shall not
constitute in the future an “offer-to-sale”. The information you may be reviewing herein
may be the subject of patents, trademarks and copyrights of the company and hence
your cooperation in maintaining confidentiality is appreciated. If you have any questions
about this agreement for confidential disclosure please do not hesitate to in touch by
sending an e-mail to: info@PageBuilder.Pro. If you have any questions please let me know.
These Terms of Service (“Terms of Service” or “Agreement“) govern the services
offered by PageBuilder.Pro (“PageBuilder.Pro” or “us” or “we” or “our“) including the website
at www.PageBuilder.Pro as well as any other related websites, toolbars, widgets, or other
distribution channels we may, from time to time, operate (collectively, “PageBuilder.Pro“)
and any other features, content, services or applications offered, from time to time, by us
(collectively, including PageBuilder.Pro, the “Services“).This Agreement sets forth legally
binding terms for your use of the Services. By using the Services, you agree to be bound
by these Terms of Service, whether you are a “Website Creator” (which means that you
have registered to utilize our tools to build a website (“Website“)), a “Member” (which
means that you have registered on one of the PageBuilder.Pro hosted Websites), or a
“Visitor” (which means that you are visiting PageBuilder.Pro or any hosted Website)). The
term “User” refers to a Visitor or a Member or a Website Creator.
By browsing or registering with, creating or using any Website or Services on
PageBuilder.Pro you are agreeing to these Terms of Service, and these Terms of
Service along with any other guidelines we may post from time to time (collectively,
the “Guidelines“) will govern your use of the Services. PLEASE READ CAREFULLY
THESE TERMS OF SERVICE BEFORE USING THE WEBSITE AND/OR SERVICES,
AS THEY AFFECT YOUR RIGHTS AND LIABILITIES. IF YOU DO NOT AGREE TO
THESE TERMS OF SERVICE OR ANY OF THE GUIDELINES, YOU MUST CEASE
USE OF THE SERVICES.
PageBuilder.Pro offers its Services to its Users. It shall have absolute discretion as to
whether or not it accepts a particular applicant or site for participation in any Service.
Without limiting the foregoing, use of and membership in the Services is void where
prohibited. By using the Services, you represent and warrant that: (a) you are fully able
and competent to enter into the terms, conditions, obligations, representations and
warranties set forth in these Terms of Service; and (b) If you are using or creating a
Website on or through PageBuilder.Pro as a representative of a company or legal entity: (i)
you represent that you have the authority to enter into this Agreement on behalf of that
company or entity, and (ii) you agree that the terms “you” and “your” in this Agreement
refers to your company or legal entity; and (c) all registration information you submit is
truthful and fully accurate; and (d) you shall maintain the accuracy of such information;
and (e) you are at least 13 years of age; and (f) your use of the Services does not violate
any applicable law or regulation. You acknowledge and accept that your account and
Website (as applicable) may be deleted and your membership may be terminated without
notice, if, at our sole discretion, we suspect that you are in violation of any of the above
2. Paid Services
Some of the Services offered on PageBuilder.Pro require payment of fees (“Paid
Services“). If you elect to sign up for Paid Services, you agree to pay all applicable fees
in connection with such Paid Services selected by you, as further described therein. You
authorize PageBuilder.Pro, to make any inquiries it considers necessary to validate your account
and financial information as provided while signing up for such Paid Services, whether
directly or via third parties, at our discretion.
It is hereby clarified, that all PageBuilder.Pro rates and fees in connection with Paid Services or
otherwise, exclude all taxes, duties, levies, fees, charges or tolls imposed by applicable
taxing authorities, and you shall be fully responsible and liable in connection with
payment of such taxes, duties, levies, fees, charges or tolls. You hereby agree to pay
for any such taxes, duties, levies, fees, charges or tolls that might be applicable due to
your use of the Services and payments made by you to PageBuilder.Pro. PageBuilder.Pro
reserves the right to change its rates and at any time, by publishing the revised rates on
PageBuilder.Pro with no further notice.
By becoming a Member or a Website Creator you will also be requested to choose a
password for your account. You are solely responsible for maintaining the confidentiality
of your password, and fully responsible for all activities that occur under your account.
You agree not to use the account, username or password of another User at any time or
to disclose your password to any third party or do anything else that might jeopardize the
security of your account. You agree to notify us immediately of any unauthorized use of
your password or account or any breach of security and understand that we reserve the
right to take legal action against individuals who misuse accounts and memberships on
PageBuilder.Pro. In addition, You acknowledge and accept that we shall not be liable for
losses sustained by you due to unauthorized use of your account and/or Website and
that you shall be fully liable for any and all costs and/or losses sustained by us or by third
parties due to such unauthorized use.
4. User Data and Website Content Control
You control the Websites you create using the Services and PageBuilder.Pro does not
claim any ownership rights in any text, files, images, photos, videos, sounds, musical
works, comments, recommendations, forums, listings, logos, trademarks, postings,
messages, tags, works of authorship, animation, or any other work or authorship added
to or submitted with any of the foregoing (collectively, “Content“) posted by you or by
Visitors or Members of your Websites. Therefore, PageBuilder.Pro takes no responsibility
for any Content located on your Website and PageBuilder.Pro has no obligation to monitor
such Content or your Website. You are therefore responsible for the removal of any such
Content that is in violation of these Terms of Service or applicable law and for ensuring
compliance with these Terms of Service and applicable law. By visiting or becoming a
Member of a Website created by using the Services, you agree that the Content and
information you provide during the registration process (including your email address)
and other interactions with the Website may be accessed by the Website Creator and
their authorized representatives and administrators. Similarly, by adding or using a
service provided by one of our affiliates or business partners, you agree that the Content
and information you or your Website Visitors or Members provide in the interactions with
your Website as well as that service may be accessed by the respective affiliate or
business partner and their authorized representatives. We require Website Creators,
affiliates and business partners to respect your privacy settings and our privacy
guidelines, but your agreement with that Website affiliate or business partner will control
how they can use the Content and information shared with them. BE SURE TO
CAREFULLY READ AND UNDERSTAND THE PRIVACY SETTINGS, TERMS AND
PRIVACY POLICIES OF THAT WEBSITE OR SERVICE PRIOR TO YOUR
INTERACTIONS WITH SUCH WEBSITE AFFILIATE OR BUSINESS PARTNER. Note
that PageBuilder.Pro cannot guarantee that such third parties will comply with their
contractual requirements, and PageBuilder.Pro does not assume any liability or
responsibility for any third party’s actions, or for enforcing any agreements such third
parties may enter into with you or with us.
As a Website Creator, you and your authorized representatives and administrators will
have access to the email address of the Members of your Website, along with certain
information, Content and data provided or collected during their registration and use
of your Website (“Website Member Data“). PageBuilder.Pro may also provide you with
access to certain Visitor data that we collect as part of our Services (collectively with
Website Member Data and other data you collect, “User Data“). You agree to have
Data you are going to use and how you will use, display or share that data. You further
agree that, as between you and PageBuilder.Pro, subject to this Agreement and each
User’s rights: (i) PageBuilder.Pro owns all right, title and interest, including all intellectual
property rights, in and to the User Data collected by us, and (ii) you own all right, title
and interest, including all intellectual property rights, in and to the User Data collected
by you. Notwithstanding the foregoing, in order for PageBuilder.Pro to run your Website
on PageBuilder.Pro, you hereby grant PageBuilder.Pro a nonexclusive, worldwide, perpetual,
irrevocable, transferable, sub-licensable, fully paid-up, royalty-free right and license to:
(i) use, reproduce, store, modify, create derivative works of, distribute, publicly perform
and display the User Data on or through PageBuilder.Pro and in all current and future
media in which the Services may be distributed; (ii) use and disclose the User Data and
related metrics in an aggregate or other non-personally identifiable manner (including,
for use in targeting advertising in a non-personally identifiable manner through and in
connection with PageBuilder.Pro); and (iii) use User Data for other purposes permitted by
the PageBuilder.Pro privacy guidelines.
5. Obligation to Protect User Data
If you collect or have been provided access to User Data, you hereby agree not to use,
display or share User Data in a manner inconsistent with the User’s privacy settings,
our Terms of Service and Guidelines, and all applicable laws and regulations. You
hereby further agree that your use and disclosure of User Data shall be reasonably
protective of each User’s rights and in no event shall you observe standards of privacy
and confidentiality in connection with the use and disclosure of User Data that are less
stringent than the standards set forth in our privacy guidelines. You agree to promptly
delete all User Data: (i) relating to any User who de-authorizes, disconnects or otherwise
disassociates from your Website or service, or (ii) if we disable your Website or Services,
or (iii) upon request by us or the User. PageBuilder.Pro is not required to keep back-up
copies of User Data on PageBuilder.Pro once the Website or User Data is deleted. Page Builder.Pro
makes no guarantee that User Data will be safely stored on PageBuilder.Pro
or elsewhere. You may independently back-up User Data, to the extent permitted herein
and by applicable laws and regulations. You acknowledge that PageBuilder.Pro may
terminate the account of any User (including Members of your Website(s)) in accordance
with this Agreement, but shall have no obligation to do so and you shall have no claim
against us in such respect.
6. Proprietary Rights to Content
By displaying or publishing/posting any Content on or through the Services, you hereby
grant to PageBuilder.Pro a limited license to use, modify, publicly perform, publicly
display, publish, reproduce, distribute, list information regarding, edit, translate, and
make derivative works of such Content, in whole or in part, and in any form, media or
technology, whether now known or hereafter developed for use in connection with the
Services. Without this license, PageBuilder.Pro would be unable to provide the Services.
The license you grant to PageBuilder.Pro is non-exclusive, fully paid and royalty-free,
transferable and sub-licensable, and worldwide. Unless you have shared your Content
with others, and they have not deleted it, this license will terminate at the time you
remove your Content from the Services, but you understand and agree that your
Content may continue to appear on PageBuilder.Pro or Websites after you remove it
from the Services, as portion of your Content may remain on pages cached by third
parties, incorporated into RSS feeds, User profiles or other features, or archived on
servers. When you post any Content on a Website, you provide the Website Creator,
other Members of that Website or the public in general with permission to view and use
your Content depending on the Website’s privacy settings and policies, and you shall
have no claim against us in respect to such use.
PageBuilder.Pro (1) offers on PageBuilder.Pro links to Content hosted on third party
websites, the use of which is subject to the license terms of such Content, at your full
responsibility; and (2) allows you to post Content, as well as download, embed or link to
Content hosted on third party websites. You acknowledge that we do not have the ability
to determine the rightful owner of such Content and do not monitor the Services and/or
Websites for Content infringement by Users. Therefore, you represent and warrant that:
(i) you own the Content posted by you on or through the Services or otherwise have the
right to grant the license set forth in this section, and (ii) the use and/or posting of your
Content on or through the Services does not violate the privacy rights, publicity rights,
intellectual property rights, moral rights, contract rights, license terms of such Content or
any other rights of any third party. You agree to pay for all royalties, fees, penalties and
any other monies owing any person by reason of any infringing Content posted by you to
or through the Services, including any infringement by your Members and/or Visitors.
If a Website is removed from PageBuilder.Pro, the Content associated with that Website
may also be deleted at the discretion of the Website Creator or PageBuilder.Pro. You
should be aware that PageBuilder.Pro is not required and may not keep back-up copies
of Content on PageBuilder.Pro once the Website or Content is deleted. Additionally, PageBuilder.Pro
makes no guarantee, either during or after the term of this Agreement, that
your Content will be safely stored on PageBuilder.Pro.
The PageBuilder.Pro Services contain proprietary content that is protected by copyright,
trademark, patent, trade secret and other laws in the United States and around the
world (the “PageBuilder.Pro Content“). PageBuilder.Pro owns and retains all rights in the
PageBuilder.Pro Content and the Services. PageBuilder.Pro hereby grants you a limited,
freely revocable, non-sublicensable license to reproduce and display the PageBuilder.Pro
Content (excluding any software code) solely for your personal use in connection with
using the Services as permitted herein. As between you and PageBuilder.Pro, all the
intellectual property rights in the PageBuilder.Pro technology, which does not include your
Content, are owned by PageBuilder.Pro or its licensors.
The PageBuilder.Pro Services contain Content of Users and other PageBuilder.Pro licensors.
Except for Content posted by you, you may not copy, modify, translate, publish,
broadcast, archive, transmit, distribute, perform, display, decompile, reverse engineer,
attempt to access the source code, create derivative works from, rent or sell any Content
appearing on or through the Services without permission of the Content owner.
PageBuilder.Pro Website may contain links and content of third parties not controlled or owned
by us, including but not limited to affiliates or business partners of PageBuilder.Pro. You
hereby acknowledge that we have no control and assume no responsibility or liability for
any such content or actions of any third party, and you shall have no claim against us for
any such content and/or actions.
7. Content Posted
You may not use the Services to post, disseminate or communicate any obscene, lewd,
excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.
Despite this prohibition, content communicated by other Users may contain inaccurate,
inappropriate, offensive or sexually explicit material, products or services, and PageBuilder.Pro
assumes no responsibility or liability for this material. If you become aware of
misuse of the Services, please contact us by sending an email to info@PageBuilder.Pro.
Without assuming any obligation to do so, PageBuilder.Pro may delete any Content
or suspend any Website or account associated with it, that in the sole judgment of
PageBuilder.Pro violates this Agreement or that may be offensive or illegal, or violate
the rights, harm, or threaten the safety of any person. PageBuilder.Pro assumes no
responsibility for monitoring the Services for inappropriate Content or conduct. If, at
any time, PageBuilder.Pro chooses, in its sole discretion, to monitor the Services, PageBuilder.Pro
nonetheless assumes no responsibility for the Content, no obligation to
modify or remove any inappropriate Content, and no responsibility for the conduct of the
User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the
Services, and any material or information that you transmit to other Users and for your
interactions with other Users. PageBuilder.Pro does not endorse and has no control over
the Content. Content is not necessarily reviewed by PageBuilder.Pro prior to posting and
does not necessarily reflect the opinions or policies of PageBuilder.Pro. PageBuilder.Pro
makes no warranties, express or implied, as to the Content or to the accuracy and
reliability of the Content or any material or information that you transmit to, or receive
from, other Users. For the avoidance of doubt, the abovementioned refers to links to
Content hosted on third party websites offered by PageBuilder.Pro, as well.
8. Prohibited Content and Activity
The following is a partial list of the kind of Content and activity that is prohibited on any
Website and through the use of the Services. PageBuilder.Pro reserves the right, in its sole
discretion, to reject, refuse to post or remove any posting (including private messages) by
you, or to restrict or terminate your access to all or any part of the Services at any time,
with or without prior notice, and without liability, if we believe you are in violation of this
provision. PageBuilder.Pro further reserves the right to investigate and take appropriate
legal action against anyone who, in our sole discretion, violates this provision, including
without limitation, reporting it to, and cooperating fully with, law enforcement authorities.
Prohibited Content and activity includes, but is not limited to, Content or activity that in
the sole discretion of PageBuilder.Pro:
• interferes with, disrupts, impairs or creates an undue burden on the Services or
the networks or services connected to the Services;
• may constitute or contribute to a crime or tort;
• communicates any information or content that you do not have a right to make
available under any law or under contractual or fiduciary relationships, or
otherwise infringes or violates someone else’s rights;
• engages in unlawful multi-level marketing, such as a pyramid scheme;
• is illegal, misleading, harmful, malicious, hateful, threatening, bullying, harassing,
discriminatory, invasive of personal privacy or publicity rights, humiliating to other
people (publicly or otherwise), libelous, pornographic, or that contains nudity or
graphic or gratuitous violence;
• involves sending or otherwise posting unauthorized commercial communication
(such as spam);
• solicits or posts personal identifying information from other Users, or knowingly
collects any information from minors under the age of 13;
• solicits login information or accessing an account belonging to someone else;
• makes automated use of the system, such as using scripts, bots, spiders or
scrapers, to send messages, log into accounts, or collect Users’ Content or
• facilitates or encourages any violation of these Terms of Service.
• attempts to impersonate another person or entity, including, but not limited to, a
Member or PageBuilder.Pro official, to falsely state or otherwise misrepresent your
affiliation with a person or entity;
• provides false personal information on PageBuilder.Pro, or creates an account for
anyone other than yourself without permission;
• creates and maintains a Website that (i) redirects to another web page or (ii)
stores or hosts content for remote loading by other web pages;
• uploads viruses or other malicious code;
• involves selling or otherwise transferring your account without our prior
• uses the Services to hyperlink to content not permitted on PageBuilder.Pro;
9. Third Party Interaction
YOU AGREE TO COMPLY WITH THE LICENSE AND RESTRICTIONS APPLICABLE
TO EACH ITEM OF CONTENT YOU POST, COPY, ACCESS, OR USE (INCLUDING
THIRD PARTY CONTENT) AND WE SHALL NOT BE RESPONSIBLE AND/OR LIABLE
FOR ANY FAILURE ON YOUR PART TO COMPLY WITH THE TERMS AND
CONDITIONS OF SUCH LICENSE AND RESTRICTIONS. You understand that by using
PageBuilder.Pro you may be exposed to Content that is offensive, objectionable, or
indecent, and that you use PageBuilder.Pro at your own risk. Content from other Users or
third parties is made available to you through Websites and PageBuilder.Pro. The inclusion
of any such Content on PageBuilder.Pro does not imply our affiliation or endorsement of
such Content. Because PageBuilder.Pro does not control such Content, you agree that PageBuilder.Pro
is not responsible for any such Content, including without limitation, any
advertising and information about third-party products or services, or the accuracy,
integrity, quality, legality, usefulness, safety or intellectual property rights of any such
Content. Your interactions with other Users and third parties on PageBuilder.Pro, including
payment and delivery of goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you and the User
or third party as applicable. Like with any web-based interaction, we suggest that you
use caution and good judgment. You agree that PageBuilder.Pro is not responsible for any
loss or damage incurred as the result of any such dealings or with respect to any other
User’s or third party’s use or disclosure of your personal information. If there is a dispute
between you and any third party (including any User), PageBuilder.Pro is under no
obligation to become involved. You release PageBuilder.Pro, its officers, employees,
agents and successors from claims, demands and damages of every kind or nature
arising out of or related to any disputes with other Users and third parties. If you are a
California resident, you waive California Civil Code Section 1542, which says: “A
general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which, if known
by him must have materially affected his settlement with the debtor.” And, if you
are not a California resident, you waive any applicable state statutes of a similar effect.
Additionally, PageBuilder.Pro, Website Creators, Users or third parties may provide
hyperlinks on PageBuilder.Pro or Websites, or any other form of link or redirection of
your connection to other sites (“Third Party Sites“). Links to these Third Party Sites
are provided solely for your convenience and in no way does the inclusion of any link
on PageBuilder.Pro or any Website imply our affiliation or endorsement of the linked site,
their business practices (including their privacy policies) or any information therein. PageBuilder.Pro
expressly disclaims responsibility for the accuracy, quality, legality, nature,
availability or reliability of Third Party Sites linked to by or through PageBuilder.Pro.
ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION,
MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE
THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.
You further agree to abide by GoDaddy’s anti-spam policy as GoDaddy are our partner
with respect to domains provided to you. GoDaddy and/or PageBuilder.Pro reserve the
right to investigate and take appropriate action against anyone who, in our or GoDaddy’s
sole discretion (as applicable), violates the GoDaddy anti-spam policy or these Terms
of Service, including without limitation, immediate disconnecting of sites and deletion of
accounts and legal actions.
10. PageBuilder.Pro Marks; Templates
PageBuilder.Pro trademarks, logos, service marks, images, trade names and other
distinctive branding features used in connection with the Services are the trademarks
and sole property of PageBuilder.Pro and may not be used without permission. Other
trademarks that may appear on our Services are the property of their respective
owners. PageBuilder.Pro reserves the right to include within your Website applicable PageBuilder.Pro
copyright and trademark notices for PageBuilder.Pro and links to our Terms of
Service, privacy guidelines and other Guidelines. All notices and links will be displayed
consistently in such form and placement as determined by PageBuilder.Pro. For purposes
of this Agreement, all templates offered by PageBuilder.Pro are copyrighted material
and are considered part of PageBuilder.Pro. Such templates are offered for use to PageBuilder.Pro
Users under a limited license only, and are not offered for sale or unbridled
use. Such license limits use of PageBuilder.Pro templates to Websites hosted by PageBuilder.Pro.
PageBuilder.Pro templates may not be transferred to or hosted on another web
host or Internet Service Provider.
11. Support of Your Website
As a Website Creator, you are responsible for implementing and maintaining all security
and support for your Website(s), including answering questions from your Members
and Visitors. If you are a Website Creator and have any question with regards to your
account, please email us at info@PageBuilder.Pro
12. Price Changes and Promotions
Today, our Paid Services include various options for our Website Creators such as
connecting to a domain, hosting. All prices are subject to change from time to time.
PageBuilder.Pro may choose to temporarily change the fees for the Paid Services for
promotional or new services, and such changes are immediately effective when PageBuilder.Pro
posts the temporary promotional event or new service on PageBuilder.Pro.
Any changes to fees for Paid Services that are not temporary or promotional will be valid
and binding as of the posting such changes on PageBuilder.Pro. The revised fees for Paid
Services will apply to you as of the posting of such changes on PageBuilder.Pro if you are
a User who registers or first uses PageBuilder.Pro on or after the posting of the revised
fees, and/or in regard to Paid Services not yet purchased by you at such time. Unless
otherwise stated, all fees are quoted in U.S. Dollars.
In addition to Paid Services, as a Website Creator you may purchase other paid
services which may be provided as a one-time transaction or recurring subscription in
connection with additional services. Such Paid Services may be provided solely by us or
in collaboration with affiliates or business partners. You may be presented with additional
terms related to a specific purchase before you confirm such transaction. Without
derogating from this Agreement, those additional terms will also govern that transaction.
Please note that if you enter into a transaction with a third-party, such as by purchasing
an item through a Website hosted on PageBuilder.Pro, and have a dispute over the goods
or services you purchased we assume no responsibility and shall have no liability for
such goods or services.
You are responsible for paying all fees and applicable taxes associated with the Paid
Services in a timely manner with a valid payment method. You authorize PageBuilder.Pro
to charge your credit card, charge card, debit card, PayPal, or financial institution
account (herein “Payment Method“) for all charges to your accounts with PageBuilder.Pro.
When you provide a Payment Method to us, you confirm that you are permitted to use
that Payment Method. You also authorize us to collect and store it, along with other
related transaction information. When you make a purchase, you authorize us (and our
designated payment processor) to charge the full amount to the Payment Method you
designate for the transaction. FOR THE SERVICES, WE ONLY OFFER RECURRING
PAYMENTS; THEREFORE, YOU AGREE THAT PageBuilder.Pro MAY AUTOMATICALLY
CHARGE THE FEE TO YOUR PAYMENT METHOD AT THE BEGINNING OF EACH
RECURRING PERIOD. For example, if you choose a monthly plan, you will be billed
every month on the anniversary date of the date you clicked either of the “purchase” /
“add to cart” / “subscribe”/”buy” buttons.
It is hereby clarified that as long as PageBuilder.Pro does not receive a request for Paid
Services termination in writing to one of the addresses listed on PageBuilder.Pro under
“Contact Us,” PageBuilder.Pro will continue to charge you for the Paid Services for as
long as your account remains active, regardless if the Paid Services are being actually
used or not. If, at any time, you contact your bank or credit card company and reject the
charge of any payable fees due to the Paid Services, this act will be considered a breach
of your obligations under these Terms of Services and your use of the Paid Services will
be automatically terminated with no notice. Your use of the Paid Services will not resume
until you re-subscribe for any such Paid Services, subject to our discretion.
You acknowledge and agree that any credit card and related billing and payment
information that you provide to PageBuilder.Pro may be shared by PageBuilder.Pro with third
parties, such as payment processors and/or credit agencies, for the purpose of checking
credit, effecting payment to PageBuilder.Pro and servicing your account.
If you pay by credit or debit card we may obtain a pre-approval from the issuer of the
card for an amount up to the amount of the purchase. We will bill your card at the time
of purchase or shortly thereafter. If you cancel a transaction before completion,
that pre-approval may result in your funds not otherwise being immediately available.
If you pay by debit card and your payment results in an overdraft or other fee from your bank,
you alone are responsible for that fee. You agree to pay PageBuilder.Pro all charges incurred
under your account for any Paid Service in which you or anyone else who uses your
account (including children, family, friends or other third parties) enroll in accordance with
this Agreement and any applicable Paid Services terms. If your Payment Method fails
or your account is past due, (a) you agree to pay all amounts due on your account upon
demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties
and other liability incurred by us (including costs and related expenses) that were caused
by or arising out of payments that you authorized or accepted, and (b) PageBuilder.Pro
may collect fees owed using other collection mechanisms (this includes charging other
payment methods on file with us), and (c) PageBuilder.Pro reserves the right to either
suspend or terminate your Paid Services or your account with PageBuilder.Pro, including
deletion of your Website from PageBuilder.Pro. EXCEPT AS MAY BE SET FORTH
HEREIN, ANY FEES CHARGED TO YOUR ACCOUNT ARE NON-REFUNDABLE.
You agree to submit any disputes regarding any charge to your account in writing to
PageBuilder.Pro within twenty (20) days of such charge, otherwise such dispute will be
considered waived and such charge will be final and not subject to challenge by you.
14. Taxes and related charges
You are responsible for paying any governmental taxes imposed on your use of
PageBuilder.Pro, including, but not limited to, sales, use, or value added taxes. If
requested, you will promptly furnish to PageBuilder.Pro the applicable receipts and/or
certificates regarding such remittances as soon as reasonably practicable. To the extent
that PageBuilder.Pro is obligated to collect such taxes, the applicable tax will be added to
your billing account.
15. Money-Back Guarantee
Paid Services include a 14-day money-back guarantee. If you are dissatisfied with your
service for any reason, you will receive a full refund (minus domain name registration fee
and overage charges) if you cancel your paid services within 14 days of the activation of
your account. The 14-day money-back guarantee may NOT apply to certain services (as
indicated therein), such as domain name registration. It is hereby clarified, that once you
purchase your domain name, you are its owner and it cannot be “returned” Under this
Section 15 or otherwise under this Agreement.
16. PageBuilder.Pro Platform Policies
(a) You may not use profanity or others’ trademarks in the name, domain or subdomain
of your Website; (b) You may not edit or remove the PageBuilder.Pro link at the bottom of
your Website unless you purchase a Premium Service; (c) The PageBuilder.Pro ID link may
not be edited and must be available in the Sign in and Sign up pages of your Website; (d)
The PageBuilder.Pro Terms of Service may not be edited and must be available in the Sign
Up page of your Website.
17. Copyright Infringement
Without derogating from Sections 6, 7, 8, 9 of this Agreement, you may not post, modify,
distribute, or reproduce in any way any copyrighted material, trademarks, or other
proprietary information belonging to others without obtaining the prior written consent
of the owner of such proprietary rights and you hereby agree to fully comply with the
license terms and restrictions applicable to each item of such copyrighted material,
trademarks, or other proprietary information. It is our policy to respond to clear notices of
alleged copyright infringement that comply with the Digital Millennium Copyright Act of
1998, as may be amended from time to time (“DMCA“). In addition, we may terminate,
without notice, the membership privileges and accounts of those determined by us
to be repeat infringers. If you are a copyright owner and you believe that any content
hosted on PageBuilder.Pro infringes your copyrights, then you may submit a notification
pursuant to the DMCA by providing us with the following information in writing to the
following address: PageBuilder.Pro, 302A West 12th Street, New York, NY 10014 or
• a statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to act
on the copyright owner’s behalf.
• your address, telephone number, and email address;
• an electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a written statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
• a description of where the material that you claim is infringing is located on our
Services, such as by providing us the URLs to the content;
As a Website Creator, you agree to have a policy for removing infringing Content and
terminating repeat infringers that complies with the DMCA. In addition, you agree to
promptly (and in any event in no later than 24 hours) address any copyright owner’s
written notice (including any notices forwarded to you by PageBuilder.Pro) that specified
Content posted on a Website that you control infringes that third-party’s rights (including
copyrights), provided that the notice substantially complies with the requirements in the
DMCA. If you receive a counter-notice from the applicable User instructing you to replace
the allegedly infringing Content, you agree to promptly comply with it to the extent
required by law and to forward a copy of it to PageBuilder.Pro immediately. PageBuilder.Pro
may remove any allegedly infringing Content without any liability to you or to the User
that posted such Content. In all such matters, we strongly recommend that you consult
your attorney to confirm your obligations under the DMCA and other applicable laws. You
are solely responsible and liable for complying with all applicable laws in connection with
18. PageBuilder.Pro Communications
It is our policy to provide notifications, whether such notifications are required by law
or are for Service related purposes, to you via email or, written or hard copy notice, or
through posting of such notice on our website, as determined by PageBuilder.Pro in its
sole discretion. By providing PageBuilder.Pro your email address you consent to our using
the email address to send you Service-related notices, including any notices required
by law, in lieu of communication by postal mail. We may also use your email address to
send you other messages, such as updates, user communications, newsletters, changes
to features of the Service, or PageBuilder.Pro offers. If you do not want to receive certain
email messages, you may opt out by contacting us at info@PageBuilder.Pro. Opting out
may prevent you from receiving valuable messages regarding updates, improvements,
offers, or communications from other Users. Notwithstanding the above, PageBuilder.Pro
reserves the right to send you notices about your account even if you opt out of all
voluntary email notifications and you shall have no claim against us in such respect.
19. Privacy of Your Information
We care about the privacy of our Users. Your information may be stored and processed
in any country in which PageBuilder.Pro and its service providers maintain facilities. In this
regard, or for purposes of sharing or disclosing data in accordance with this Agreement,
PageBuilder.Pro reserves the right to transfer information outside of your country and
by using the Services, you consent to any such transfer of information outside of your
country and shall have no claim against us for such transfer of information.
You agree to indemnify, defend, and hold harmless PageBuilder.Pro, its subsidiaries,
and affiliates, and their respective shareholders, officers, agents, co-branders or other
partners, employees, and third party Paid Service providers from and against any claim,
demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising
out of or relating to: (a) any Content you submit, post, transmit, link, or make available
through PageBuilder.Pro; or (b) your use or misuse of the Services; or (c) your connection
to the Services; or (d) your breach or alleged breach of this Agreement; or (e) your
violation of any rights (including intellectual property rights) of a third party.
PageBuilder.Pro reserves the right, at your expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify us and you agree to
cooperate with our defense of these claims. You agree not to settle any matter without
the prior written consent of PageBuilder.Pro. PageBuilder.Pro will use reasonable efforts to
notify you of any such claim, action or proceeding upon becoming aware of it.
21. Disclaimer of Warranties
YOUR USE OF PageBuilder.Pro, AND ALL WEBSITE CODE, PLATFORM CODE,
APIS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING
THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK.
PageBuilder.Pro, AND ALL WEBSITE CODE, PLATFORM CODE, SERVICES,
THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY
CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PAGEBUILDER.PRO
AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES,
SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM
ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM
INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
PageBuilder.ProAND ITS SUCCESSORS, AFFILIATES, CONTRACTORS,
EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY
WARRANTY THAT PageBuilder.Pro, OR ANY WEBSITE CODE, PLATFORM CODE,
APIS, SERVICES, THIRD PARTY SOFTWARE, OR CONTENT (INCLUDING THIRD
PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT PageBuilder.Pro, OR THE SERVER THAT MAKES PageBuilder.Pro, AVAILABLE IS
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PageBuilder.ProMAKES
NO GUARANTEE REGARDING: (A) THE VOLUME AND QUALITY OF ANY TRAFFIC
TO YOUR WEBSITE; OR (B) THE COMPATIBILITY OF YOUR CODE OR ANY OTHER
CODE WITH ANY PageBuilder.ProTECHNOLOGY.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS,
SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD
PARTY CONTENT), IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU
WILL BE SOLELY RESPONSIBLE AND LIABLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL AS WELL AS DAMAGES
OF PageBuilder.ProAND/OR THIRD PARTIES. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PageBuilder.ProOR
ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS,
LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM PageBuilder.Pro,
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF
PageBuilder.Pro IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER ON
PageBuilder.Pro, PLATFORM, APPLICATIONS OR WEBSITES AND ASSUMES NO
22. Limitation of Liability
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED
TO NEGLIGENCE, SHALL PageBuilder.ProOR ITS SUCCESSORS, AFFILIATES,
CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS,
BE LIABLE TO YOU FOR: (A) ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF REVENUE, BUSINESS OR PROFITS, COST OF
COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF
PageBuilder.ProHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE
INABILITY TO USE THE SERVICES, ANY WEBSITE OR PLATFORM; OR (B) ANY
DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY OF OUR
GUIDELINES (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN
EXCESS OF THE SMALLER OF :(i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO
PageBuilder.ProBY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE
INITIAL NOTICE OF ANY CLAIM.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED
ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES
OTHER THAN PageBuilder.ProAND RECEIVED BY YOU THROUGH OR ADVERTISED
ON PageBuilder.Pro OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS. NOT WITHSTADING THE ABOVE, YOU
HEREBY WAIVE ANY AND ALL ADDITIONAL RIGHTS GRANTED TO YOU, TO THE
EXTENT PERMITTED BY LAW AND YOU AGREE THAT THE LIMITATIONS OR
EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS
AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR
EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN
WHICH YOU ARE LOCATED.
23. Changes to PageBuilder.Pro Services
PageBuilder.Pro reserves the right at any time (and from time to time) to modify, suspend,
or discontinue providing the PageBuilder.Pro Services or any part thereof with or without
notice. PageBuilder.Pro will not be liable to you or to any third party for any modification,
suspension or discontinuance of the Services.
We may amend, modify, change, add or remove portions of this Agreement or
any Guidelines at any time, without notice to you, by posting a revised version on
www.PageBuilder.Pro or elsewhere on PageBuilder.Pro. The revised version will be effective
immediately at the time we post it. Please check this Agreement and any Guidelines
periodically for changes. Your continued use of PageBuilder.Pro or any Website after
posting of the changes constitutes your binding acceptance of such changes. However, if
the revised version includes a material change, it will be effective for an existing User on
the earlier of: (a) the date you accept it, and (b) 30 days after the material changes are
initially posted to www.PageBuilder.Pro or elsewhere on PageBuilder.Pro. The revised version
will apply to you immediately if you are a User who registers or first uses PageBuilder.Pro
on or after the posting of the revised version.
25. Term and Termination
This Agreement shall remain in full force and effect unless and until your account is
terminated as provided herein. You may terminate your account and end your use of
PageBuilder.Pro at any time and for any or no reason. PageBuilder.Pro has the right (at its
sole discretion) for any reason to: (i) delete, disable or deactivate your account, block
your email or IP address, or otherwise terminate your access to or use of PageBuilder.Pro
or any Website, and (ii) remove and discard any Content within any Website or anywhere
on PageBuilder.Pro, and (iii) shut down a Website, with or without notice, and with no
liability of any kind to you.
If you terminate your account, we will have no obligation to refund you any fees you may
have paid except as may be required by applicable law.
26. Effects of Terminating
Upon deactivating your account, this Agreement terminates and your access rights to
PageBuilder.Pro and any Websites immediately cease to exist. For Content you wish
to delete from PageBuilder.Pro, you can delete it by going to each of the Websites to
which you’ve contributed. PageBuilder.Pro is not responsible for deleting Content on your
behalf and PageBuilder.Pro will not have any obligation to assist you in migrating your
data or your Website(s) off of PageBuilder.Pro. Note that, even if Content is deleted from
PageBuilder.Pro’s active servers, it may remain in our archives (although we have no obligation
to archive or back-up your Content) and we shall be under no obligation to preserve or
delete such Content. PageBuilder.Pro will have no obligation to refund any fees paid for
The provisions under the following sections will survive termination of this Agreement for
any reason: Sections 2, 4-9, 10, 12-17, 19-23, 25-30.
28. Law and Arbitration
This Agreement shall be governed by the laws of the State of Israel without giving effect
to any principles that may provide the application of the law of another jurisdiction. You
agree to submit to the personal jurisdiction of the competent jurisdiction located in Tel
Aviv, Israel for the purpose of litigating all such claims or disputes. Without derogating
from the above, any claim or dispute in connection with this Agreement shall be resolved
in a cost effective manner through binding non-appearance-based arbitration and has
to be initiated within thirty (30) days after it arises, or the cause of action is barred. The
arbitration shall be initiated through an established alternative dispute resolution provider
mutually agreed upon by the parties. The alternative dispute resolution provider and the
parties must comply with the following rules: (a) the arbitration shall be conducted by
telephone, online and/or be solely based on written submissions, the specific manner
shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve
any personal appearance by the parties or witnesses unless otherwise mutually agreed
by the parties; and (c) any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may
seek injunctive or other equitable relief to protect our intellectual property rights in any
court of competent jurisdiction.
29. United States Export Controls
You agree to comply with all applicable export and reexport control laws and regulations,
including the Export Administration Regulations, as may be amended from time to time
(“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions
maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”),
and the International Traffic in Arms Regulations, as may be amended from time to time
(“ITAR”) maintained by the Department of State. Specifically, you agree that you shall
not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose
of any products, software, or technology (including products derived from or based on
such software or technology) received from PageBuilder.Pro under this Agreement to any
destination, entity, or person prohibited by the laws or regulations of the United States,
without obtaining prior authorization from the competent government authorities as
required by those laws and regulations. You agree to indemnify, to the fullest extent
permitted by law, PageBuilder.Pro from and against any fines or penalties that may arise
as a result of your breach of this provision. This export control clause shall survive
termination or cancellation of this Agreement.
You agree to comply with all policies applicable to PageBuilder.Pro and PageBuilder.Pro,
and those of our third party Paid Service providers, which policies are either posted on
PageBuilder.Pro or provided to you by a link in these Terms of Service. In addition, you
agree to comply with all applicable laws.
The failure of PageBuilder.Pro to exercise or enforce any right or provision of this
Agreement does not constitute a waiver of such right or provision.
If any provision of this Agreement is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should try to give effect to
the parties’ intentions as reflected in the provision, and the other provisions of this
Agreement remain in full force and effect.
The parties are independent contractors with respect to each other and nothing in this
Agreement shall be deemed to create a partnership, joint venture, agency, or employer-
employee relationship between PageBuilder.Pro and you or between PageBuilder.Pro and
any Users of the Services.
Your accounts are non-transferable. You may not delegate your duties under this
Agreement or assign this Agreement, in whole or in part. PageBuilder.Pro may assign this
Agreement in whole or in part in its sole discretion without your consent and without
Any unauthorized use of any PageBuilder.Pro computer system is a violation of this
Agreement and certain federal and state laws. Such violations may subject you and your
agents to civil and criminal penalties.
This Agreement, including links to any third party Paid Service provider terms and
conditions, constitutes the entire agreement between you and PageBuilder.Pro and
governs your use of PageBuilder.Pro, superseding any prior agreements (whether written
or oral) between you and PageBuilder.Pro regarding the subject matter hereof. The other
Users of PageBuilder.Pro are intended third party beneficiaries of your obligations under
PageBuilder.Pro will not be liable for non-performance or delay in performance caused
by any event beyond its direct control, including, but not limited to: internet failures,
electrical power failure, strikes, labor disputes, labor or material shortages, wars, terror,
acts of governmental authorities, hostilities, revolutions, riots, civil commotion, national
emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo,
or any “act of God”. It is hereby clarified that this provision is in addition to Section 22
(Limitation of Liability).
Nothing in this Agreement shall prevent us from complying with the law and applicable