These terms and conditions (these “Terms”) constitute a binding agreement between Hyper-Farmer Web and you as a client, and apply to all services provided by Hyper-Farmer Web to you. References to “we”, “our”, and “Hyper-Farmer″ refer to Hyper-Farmer Web. References to “you”, “your”, and “client” refer to the recipient of Hyper-Farmer Web design services, including the recipient’s successors and assigns.
Intellectual Property and Data
1. Hyper-Farmer Web shall own the content that we author in connection with your website. Meaning the connection of our “Hyper-Farmer Web” link is owned by Hyper-Farmer Web.
2. As between you and Hyper-Farmer Web, you will be the owner of the content (including text, trademarks, photographs, logos, graphic designs and other images, collectively “Your Content”) that you create or otherwise own or license and post on your website. You unconditionally represent and warrant that you own or are otherwise licensed to use all of Your Content in connection with the website as contemplated by these Terms and the Hyper-Farmer Web services. We are not responsible for verifying your ownership of such rights. You agree to compensate, defend and hold Hyper-Farmer Web free from and against any and all damages, costs, expenses (including attorney’s fees and costs) of any kind or nature arising from Your Content, including any claims of infringement of any intellectual property rights or rights of privacy or publicity.
3. Through our services, you may collect and receive data and other information about or from end users, including personal information. You agree to treat such information in compliance with the Hyper-Farmer Web and any other applicable privacy policies. You will maintain such information securely using reasonable technical means to prevent the unauthorized access, use or disclosure of such information. You agree to indemnify, defend and hold Hyper-Farmer Web free from and against any and all damages, costs, expenses (including attorney’s fees and costs) of any kind or nature arising from your breach of any of the foregoing obligations, including any unauthorized access, use or disclosure of such information.
4. Your website is intended to operate with the latest versions of Firefox, Google Chrome, Internet Explorer, and Safari for the most recent Microsoft Window and Apple’s operating systems.
5. In connection with our services, you may use a domain name that you already own or a domain that we procure for you at your request. In either case, you are the owner of the domain name and are responsible for maintaining and renewing it, including all related registration fees and costs. If you authorize us to use a domain name that you already own, Hyper-Farmer Web is not liable for any loss of email or any delays that may be caused when we assume the hosting of the domain. When you purchase a domain name through us, your purchase is non-refundable and subject to availability.
6. While Hyper-Farmer Web is not responsible for the renewal of domain names, Hyper-Farmer Web may, as a courtesy, renew your expiring domain on your behalf for one year, unless you instruct us otherwise at least 15 days prior to the domain expiration date. You will be responsible for the fees and charges for such renewal.
7. You, or your authorized representative, have up to 3 business days following the date of your acceptance of these Terms to cancel service and receive a full refund.
After 3 business days, all sales will be considered final. As an example, if you purchase a website on Monday, you will be eligible for a refund through the end of business on Thursday.
8. You are responsible for providing all content for your site. You should take extreme care diligence in securing and providing your own content for posting. You should ensure that you have ownership of all content you provide to us.
9. Hyper-Farmer Web offers up to 1 design revision for websites and up to 3 page revisions for websites and landing pages. Any additional change or revision requests beyond these will incur additional charges at an hourly rate.
10. Custom edits, upgrades and/or color changes outside the scope of the initial design may be available at an additional cost through Hyper-Farmer Web add-on services.
11. You authorize Hyper-Farmer Web to automatically populate your MLS listing information to your Web site, in those territories where such MLS functionality is available. Please be advised that Hyper-Farmer Web may discontinue this functionality, without prior notice, if your MLS restricts this capability.
12. You agree to accept notices delivered via e-mail from Hyper-Farmer Web regarding service, billing and marketing-related issues. Hyper-Farmer Web agrees to not release your e-mail address to third parties for solicitation purposes.
13. Hyper-Farmer Web has no control over and is not responsible for the content of sites that you may choose to link to from your websites. Hyper-Farmer Web assumes no responsibility for the content of a site your site links to or if a site that you choose to link has inaccurate data, goes offline, or does not allow linking to it for any reason. You are independently responsible for accuracy of content posted on your own website including phone numbers, e-mail, contact information, etc.
14. All services offered by Hyper-Farmer Web are to be used lawfully in compliance with all federal, state, and local laws and regulations as well as all industry standards and best practices.
15. Hyper-Farmer Web will not be responsible for the loss of data, profits, opportunity costs or other consequential damages, or for any damages suffered or revenues lost through the use of our services or for loss of service due to network outages, regardless of cause (including but not limited to: human error, hardware failure, software failure, or telephone company or ISP outages). Hyper-Farmer Web’s liability for any claims whatsoever, whether arising in tort or contract, including claims based on design, error, omission, negligence, defect, failure to maintain service, or any other claim shall not exceed the the amounts you have paid to Hyper-Farmer Web under these Terms.
16. IDX: (If Applicable) If the MLS to which you are a member requires signed documentation before Hyper-Farmer Web may implement IDX on your website, you will receive the document via e-mail and/or fax. You must e-mail or fax the completed agreement back to Hyper-Farmer Web in order that we may install IDX on your website.
17. You are responsible for all incremental fees, if any, charged by your MLS.
19. Hyper-Farmer Web is not responsible for any changes made by social media companies. By choosing to use their products, you are subject to their own terms and conditions, including their privacy policies.
20. You will be responsible for monthly Service and Support fees which may include fees associated with your website and additional products and services you may have purchased. Service and Support charges begin accruing upon purchase.
21. The credit card you provide to Hyper-Farmer Web will be automatically billed monthly for all charges associated with the account. If you are delinquent on a payment, Hyper-Farmer Web may deactivate your site, without notice.
22. If your credit card expires, and you don’t provide Hyper-Farmer Web an updated expiration date, you agree to allow Hyper-Farmer Web to extend the expiration date.
23. You may cancel monthly service by providing us with 30 days prior notice. You will be responsible for any charges incurred after 30 day notice is given, which includes, but is not limited to, monthly website hosting, domain renewals, email services, traffic products, or any other services purchased from Hyper-Farmer Web. An email will be sent to the email address on file to confirm cancellation.
24. In order to protect your account, if you wish to cancel your service, you must contact Hyper-Farmer Web via telephone at (858) 309-2170 so that we can authenticate that you are the authorized account user. All cancellation requests must be verbally communicated directly to a Hyper-Farmer Web representative.
25. Upon cancellation request and your 30 day period ending your MLS feed will be deactivated and your website will be removed from our server. It is your responsibility to have your nameservers updated correctly to redirect to an existing server with content that you prefer.
26. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California and the Federal Laws of the United States of America. Actions relating to this Agreement, including but not limited to its interpretation, application or existence shall be brought exclusively in state or federal courts located in San Diego County, California and you irrevocably consent to the exclusive jurisdiction of such courts.
27. You may not bring any action against Hyper-Farmer Web on a class or representative basis. You may not act as a private attorney general or class representative, nor participate as a member of a class of claimants, with respect to any dispute or claim between us.
28. If and to the extent any provision of these Terms is held invalid or unenforceable at law, such provision will be deemed stricken and the remainder of these Terms will continue in effect and be valid and enforceable to the fullest extent permitted by law.
29. These Terms are the complete and exclusive statement regarding the subject matter of these Terms and supersede all prior and contemporaneous agreements, understandings and communications, oral or written, between us regarding such subject matter.
30. These Terms are subject to change. We may notify you of any changes via email or by posting a notice in the marketing control center. Your continued use of our services will constitute your acceptance of the changed Terms.
31. The waiver of any provision on one occasion will not constitute a waiver of such provision on any other occasion, and any failure to enforce any of the provisions of these Terms will not constitute a waiver. No waiver of a right or remedy under this Agreement will be binding upon a Party unless it is in writing and signed by its authorized representative.
32. This Agreement does not create any agency or partnership relationship.
33. You may not assign these Terms, in whole or in part, to any other person or entity without our consent. We may assign these Terms without your consent, including in connection with the sale of our assets. This Agreement is binding upon and inures to the benefit of the parties and their heirs, executors, legal and personal representatives, successors and assigns, as the case may be.
Last Updated: 6-20-2016