As with everything these days, there are some legal terms you must adhere to when using Shipworks Connector.
This is a legal agreement between the person or organization (“Customer,” “Buyer” or “you”) agreeing to these Terms and Conditions (“Terms”) and Advanced Creation LLC (dba) ADV Web Design (“Seller,” “us,” or “we”). By accepting these Terms, making a purchase, or using any Products and Support provided by us, you represent that you are of legal age and have the authority to bind the Customer to the order, these Terms, and any exhibits or documents referenced herein, which are part of these Terms as if set forth herein.
Advanced Creation LLC grants you a non-exclusive limited subscription to use the Shipworks Connector plugin (the “Software subscription”) and associated add-on products developed by Advanced Creation LLC and designed to work in conjunction with the Shipworks Connector plugin (https://adv.design) (collectively, the “Products”) in accordance with these Terms and Conditions.
Shipworks Connector and the Software subscription are subscription under and subject to the terms set forth in GNU general public subscription (http://www.gnu.org/subscriptions/gpl-3.0.txt).
Your initial purchase of Shipworks Connector includes a subscription for Updates and Support (“Initial subscription”). At the end of the Initial subscription, the subscription for Updates and Support will be auto-renewed (each a “Renewal subscription” and, together with the Initial subscription, the “Shipworks Connector subscription”) unless, prior to the renewal date, (I) you cancel your Shipworks Connector subscription by pausing or cancel your subscription, (ii) you transfer your Shipworks Connector subscription pursuant to Section 9, (iii) your payment cannot be successfully processed, (iv) your payment is subject to a chargeback or other fraud process, (v) you request a refund pursuant to Section 7, or (vi) Advanced Creation LLC. cancels or suspends your Shipworks Connector subscription or the Software subscription.
Advanced Creation LLC may from time to time in its sole discretion develop and provide updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features for its Products (collectively, including related documentation, “Updates”). Updates may modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will be deemed part of the Products and be subject to the Terms.
Updates are available to only websites that have the Shipworks Connector plugin activated on their website.
After we have successfully processed your payment for the initial purchase of a Shipworks Connector subscription, you will receive an invoice and you can use our product right away. If you have any issue please contact our support, via our contact form or on the chat form (bottom left on our website).
If you have purchased a new Shipworks Connector subscription while logged in to your account, the new subscription will be automatically associated with your account and your domain previously enter when purchased, you can find any information under subscription in your account page.
You may not claim intellectual or exclusive ownership rights to any of our Products, Support, or Documentation. All Products, Support, and Documentation are property of Advanced Creation LLC. All Products, Support, and Documentation are provided “as is” without warranty of any kind, express or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur out of the use or inability to use our Products, Support, or Documentation.
All site content, including Support forum content and imagery and documentation that is published on Adv.design, or documentation or materials provided in connection with the Products (“Documentation”) is the property of Advanced Creation LLC. Any replicated Documentation must be authorized in advance in writing by Advanced Creation LLC. Documentation shall not be used or exploited for any purpose, commercial or non-commercial, without the prior written consent of Advanced Creation LLC. except as authorized by these Terms.
We will be happy to consider a refund provided if it meets the terms of our Refund Policy, as determined in our sole discretion. A refunded Shipworks Connector subscription is immediately terminated.
Please note that we reserve the right to change or modify the current refund policy with no prior notice.
Subject to the Terms and while you maintain a valid and active Shipworks Connector subscription, Advanced Creation LLC offers support for Shipworks Connector to you (“Support”) at such support levels as you purchase.
Support is offered to customers with a valid and non-expired Shipworks Connector subscription as set forth at https://adv.design/product/shipworks-connector-woocommerce/, which may be amended by Advanced Creation LLC from time to time in its sole discretion. Shipworks Connector subscription holders have access to our Support chat system. Advanced Creation LLC’s provision of Support is contingent upon and subject to your full and timely cooperation and your provision of complete and accurate information.
Advanced Creation LLC may elect not to provide Support for non-current versions of Shipworks Connector (or any of its Products) or versions of Shipworks Connector that do not have all current Updates installed.
Advanced Creation LLC offers WordPress plugins “as is” and with no implied meaning.
We do not offer Support via email or otherwise support WordPress, Shipworks or other WordPress plugins.
The Shipworks Connector subscription is registered to the email address of the original purchaser of the Shipworks Connector subscription. The account holder retains the rights to the subscription and account even if the account/key is renewed or upgraded by another party, unless transferred in accordance with these Terms. Only then-current owner of the account to which the Shipworks Connector subscription is registered may request and receive Support or access Support resources.
Shipworks Connector subscription holders cannot distribute, giveaway, permit others to use, or resell their Shipworks Connector subscription. The Shipworks Connector subscription is transferable, provided that (i) you require the party to which you transfer the subscription (“Transferee”) to abide by these Terms and (ii) you complete the “Transfer” option for the Shipworks Connector subscription you wish to transfer on the subscriptions Page.
Shipworks Connector is intended to be used on your web site(s). Use of Shipworks Connector on your client’s site is permitted in situations where you maintain an ongoing relationship with the client as a consultant. You are prohibited from providing Shipworks Connector as a service or providing Shipworks Connector as part of a web hosting solution. Providing Shipworks Connector as a service or providing Shipworks Connector as part of a web hosting solution does not constitute an ongoing client/consultant relationship under this Section 9.
You are not permitted to re-post, copy, distribute, or otherwise make available any Documentation on any external websites, social media outlets, etc. By way of example, posting screen captures of this content is also prohibited. Violation will be grounds for immediate termination of the Shipworks Connector subscription and all access to Support and Updates.
If you, or anyone acting on your behalf, transmit any communications or materials to Advanced Creation LLC by email, electronic submission through Adv.design (“Shipworks Connector Website”), or otherwise, suggesting or recommending changes to Advanced Creation LLC’s Products, Documentation, Support, or any other aspect of Advanced Creation LLC’s business, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Advanced Creation LLC is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. You hereby assign to Advanced Creation LLC on your behalf, and on behalf of your employees, contractors and/or agents, all right, title, and interest in, and Advanced Creation LLC is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Advanced Creation LLC is not required to use any Feedback.
Advanced Creation LLC may on occasion send you email notifications related to the Shipworks Connector subscription to the registered email address as described in Section 9. These transactional emails may include notification of Subscribing changes, changes to our Terms and Conditions, subscription expiration notices and other transactional emails related to your purchase of a Shipworks Connector subscription. By purchasing the Shipworks Connector subscription you agree to receive these transactional emails and that these transactional emails are binding as if set forth in these Terms and Conditions.
Shipworks Connector subscription Cancellation. You may cancel your Shipworks Connector subscription at any time, and you will continue to have access to Automatic Updates, Documentation and Support until the listed expiry date of the Shipworks Connector subscription. ONCE CANCELED, A subscription CANNOT BE RENEWED OR UPGRADED. No full or partial refund will be provided for any Shipworks Connector subscription cancelled before the end of that Shipworks Connector subscription’s term except in accordance with Section 7. A Shipworks Connector subscription cancelled by you will continue to be valid until the end of the then-current Shipworks Connector subscription’s term unless terminated prior to the end of the then-current Shipworks Connector subscription’s term by Advanced Creation LLC or due to having been refunded as described in Section 7. To cancel a Shipworks Connector subscription, go to the subscriptions Page and choose “Cancel” or “pause”.
A canceled (and not terminated) or pause Shipworks Connector subscription can be restarted before it expires, using the option provided on the subscriptions Page.
Advanced Creation LLC may terminate your Shipworks Connector subscription at any time and for any reason, with or without notice. A Shipworks Connector subscription that is refunded or has the payment returned will also be immediately terminated. A Shipworks Connector subscription terminated by Advanced Creation LLC will terminate immediately, and your access to Updates and Support will immediately cease. Advanced Creation LLC further reserves the right, at any time and for any reason, to modify or discontinue, temporarily or permanently, the Shipworks Connector subscription, Documentation, and Support with or without notice. You will not be entitled to a refund if your Shipworks Connector subscription is terminated, modified, or discontinued by Advanced Creation LLC except in accordance with Section 7 and as determined in Advanced Creation LLC’s sole discretion.
You are fully responsible for timely payment of all fees for the Shipworks Connector subscription and for any obligations to pay taxes and charges arising from your purchase of the Shipworks Connector subscription.
Pricing. We reserve the right to change pricing at any time for any reason. We reserve the right to modify the renewal pricing of an existing Shipworks Connector subscription either temporarily or for the future lifetime of the Shipworks Connector subscription. If changing prices would affect Shipworks Connector subscriptions already owned, we will notify all affected customers in advance. Notification will be made via electronic mail, using the email address listed by the user on their Shipworks Connector account as described in Section 9. It is your responsibility to ensure that their email address is kept up to date. We reserve the right to not honor typographical errors which may cause incorrect pricing on the Shipworks Connector Website.
Recurring Billing. By purchasing, renewing, or upgrading a Shipworks Connector subscription and providing a valid Payment Method, you authorize us to charge you a subscription renewal fee for Shipworks Connector subscriptions at the specified rate on the Shipworks Connector Website to your Payment Method. The amount and future billing date will be clearly stated on the subscriptions Page for each Shipworks Connector subscription.
Payment Methods. The payment method used to purchase, renew or upgrade a Shipworks Connector subscription will be stored securely with our payment processor and will be re-billed when a Shipworks Connector subscription is renewed. The payment method will not be utilized or stored for any other purposes. You are responsible for editing and keeping your Payment Method information current for each Shipworks Connector subscription by visiting the Shipworks Connector Website.
The term of these Terms and Conditions commences when you install the Product and will continue in effect until terminated by you or Advanced Creation LLC as set forth in this Section 14.You may only terminate these Terms by permanently deleting the Products and all Documentation in your possession, custody, or control and all copies and discontinuing any and all use of the Products and all Documentation.
Advanced Creation LLC may terminate or modify these Terms at any time with or without notice in its sole discretion.
The Products, the Documentation, Support, and the Shipworks Connector Website may display, include, or make available third-party content (including data, information, applications, add-ons, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree Advanced Creation LLC is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Advanced Creation LLC does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
THE PRODUCTS, THE SHIPWORKS CONNECTOR’ WEBSITE, THE DOCUMENTATION, THE UPDATES, ANY ADD-ONS OR WORDPRESS PLUGINS, OR ANY PRODUCTS, SOFTWARE, SUPPORT, OR OTHER ITEMS OR SERVICES OFFERED OR SOLD BY ADVANCED CREATION LLC ARE PROVIDED “AS IS.” ADVANCED CREATION LLC MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PRODUCTS, SUPPORT, SHIPWORKS CONNECTOR’ WEBSITE, THE DOCUMENTATION, THE UPDATES, ANY ADD-ONS OR WORDPRESS PLUGINS, OR ANY PRODUCTS, SOFTWARE, OR OTHER ITEMS OR SERVICES OFFERED OR SOLD BY ADVANCED CREATION LLC, INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS. ADVANCED CREATION LLC MAKES NO REPRESENTATION THAT THE OPERATION OF SHIPWORKS CONNECTOR’ WEBSITE, SUPPORT, THE DOCUMENTATION, OR THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, AND ADVANCED CREATION LLC WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR CONTENT AND DATA AND FOR MAKING BACKUP COPIES OF ANY OF YOUR CONTENT AND DATA. YOUR DATA MAY BE LOST, CORRUPTED OR BREACHED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADVANCED CREATION LLC IS NOT RESPONSIBLE OR LIABLE FOR YOUR DATA OR CONTENT, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR CORRUPTION OF YOUR DATA.
BUYER UNDERSTANDS THAT USER DATA COLLECTED BY SHIPWORKS CONNECTOR SUBMISSIONS, CAN BE DELETED AND/OR EDITED BY A SITE ADMINISTRATOR. ADVANCED CREATION LLC AFFIRMATIVELY STATES AND PUTS BUYER ON NOTICE THAT USER SIGNATURES CAN BE EDITED AND ADVANCED CREATION LLC IS NOT RESPONSIBLE FOR ANY SUCH CHANGES OR EDITS AND BUYER ACKNOWLEDGES SUCH AND HOLDS ADVANCED CREATION LLC, HARMLESS FOR ANY LIABILITY THAT MAY OCCUR IF SUCH OCCURS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ADVANCED CREATION LLC OR ITS AFFILIATES, SUPPLIERS, OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, SELLER’S ENTIRE LIABILITY UNDER ANY PROVISION OF THE TERMS SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES BUYER PAID FOR THIS SUBSCRIPTION (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ADVANCED CREATION LLC UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF SELLER TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘ADVANCED CREATION LLC IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY BUYER OR A THIRD PARTY (INCLUDING THIRD-PARTY MATERIALS) THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
The Terms shall be governed by and construed in accordance with, the law of the Commonwealth of California. Each of the Buyer and the Seller irrevocably consents to the exclusive jurisdiction and venue of any court within the state courts of California, or the federal courts in California, in connection with any matter based upon or arising out of the Terms or the matters contemplated herein, and agrees that process may be served upon them in any manner authorized by the laws of the Commonwealth of California for such persons or actions.
The provisions set forth in the following Sections, and any other right or obligation of the parties in the Terms that, by its nature, should survive termination or expiration of the Terms, will survive any expiration or termination of the Terms: Sections 1, 5, 6, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, and 21.
The preceding Terms and Conditions govern the subscription of Shipworks Connector™ between you and Advanced Creation LLC The Terms, together with any other documents incorporated herein by reference, constitute the entire agreement of the Parties and supersede all prior and contemporaneous understandings, agreements, representations, and warranties with respect to its subject matter. By placing an order with us you acknowledge that you have read, understood, and agree with our Terms and Conditions.
We reserve the right to alter these Terms and Conditions at any time for any reason. These Terms may not be altered by you without Advanced Creation LLC’s prior written agreement. Only Advanced Creation LLC may assign these Terms.
Updated: March 8, 2022 5:16 PM US Pacific Time