Terms of Service
- "Content" is the text, images, and digital documents displayed on or made available through a website.
- A "Domain Name" is the address by which a website is normally accessed.
- "Servers" are internet accessible computer systems used to host a website.
- Our "Software" is a proprietary computer system that enables the User to create and manage a website.
- Our "Materials" include all Content, Themes, and Software that we make available to our Users.
- QiSites is provided as a means of creating a publically accessible website to market and promote your wellness business. You may not use the Service for any other purpose without written authorization.
- You may not use the Service for any illegal purpose.
- You must provide us with current and accurate contact information, including your full legal name, your valid email address, and any other details we may request.
- All account communication is via email. You are responsible for keeping your email contact information up to date and for responding to email communications from us in a timely manner.
- You are responsible for maintaining the security of your account password.
- Violation of any of the terms in this Agreement may result in the termination of your account. Furthermore we reserve the right to refuse service to anyone at any time with or without reason.
Ownership & Copyright
- All Content displayed on, uploaded to, or transmitted through the Service must comply with U.S. copyright law.
- You agree not to reproduce, duplicate, replicate, copy, sell, resell, license, sublicense, or otherwise make available any portion of the Service or Materials.
- Our Materials constitute original intellectual property and are protected by copyright. As a User, you are granted a temporary, limited, non-exclusive, non-transferable license to make use of our Copyrighted Materials on your QiSites website. Any other use of our Materials is not permitted.
- The right to display or otherwise make use of our materials shall cease when your account is terminated. After termination of your account, any continued use of our Materials, either in their original form or in a modified form, shall constitute infringement of our Intellectual Property rights and Breach of Contract.
- Images are provided for use on your website only. Images of people may not be used in any way that is unflattering to the model or that suggests an endorsement by the model. All images are protected by copyright. Each image provided by the Service is subject to the license terms under which it was acquired as well as any other applicable licenses and laws. You acknowledge that some images are acquired through Third Party stock image services and that we depend entirely upon the due diligence of those services to ensure that images do not infringe Intellectual Property rights.
- You are responsible for all Content displayed on, uploaded to, or transmitted through your account, even if the materials are posted by someone else. Under no circumstances will we be held liable by you or by anyone for Content on your website.
- You maintain ownership of any original Content that you post through the Service.
- We may remove Content from your website without notice.
- Survival. The provisions of the Ownership & Copyright section of this Agreement shall survive termination of the Terms of Service.
- You will be billed a recurring Service Fee in advance of each billing cycle. The Service Fee will be billed automatically until you cancel the Service.
- We reserve the right to change the Service Fee with 30-days notice sent via email.
- You are responsible for keeping your payment information up to date.
- If your credit card is declined we will grant you a Grace Period of at least 14 days within which to update your payment information. If a valid credit card is not submitted within the Grace Period, your account will be suspended.
- We are not responsible for overdraft fees or any other fees imposed by your bank.
- All prices are in US dollars.
Upgrading or Downgrading Plans
- When you upgrade or downgrade your plan, the new Service Fee will be charged starting at the next billing cycle. If you upgrade between billing cycles, the prorated new Service Fee will be charged for the current billing cycle. We do not prorate for downgrades between billing cycles.
Cancellation & Termination
- Accounts may only be cancelled by the account owner. You are responsible for properly cancelling your website via the no-questions-asked Close Account link. Valid email requests to cancel your account will be honored on the UTC Date we receive the email.
- Cancelling your account immediately terminates the Service. Your Content may be permanently deleted at any time after cancellation.
- We may, at our sole discretion, suspend or terminate your account at any time for any reason or without reason.
Account Cancellation Refunds
- When you cancel your website, the Service is immediately suspended and you are not billed again. We do not prorate for unused time remaining in the billing cycle.
- If you cancel your website within the first 30 days, we will automatically issue you a refund. If we registered a new domain name for you, or if you transfered a domain registration to us, a $25 fee for the 1-year domain registration/renewal will be deducted from your refund. If you cancel your website within the first 48 hours and we have registered a new domain name for you, the domain order will be cancelled and a full refund will be issued.
- Customer Support ("Support") is provided via email only.
- By requesting Support you acknowledge that actions performed by our staff may impact the performance, visibility, accessibility, or capabilities of your website or Domain Name.
- Under certain circumstances you may wish to provide us with access to third party accounts or services. You agree that you will only provide us with login information and passwords for third party services if you have the contractual and legal rights to do so.
Privacy & Compliance
- The Service includes an optional online contact form ("Contact Form") feature, which allows a visitor to submit a message. Messages submitted through a Contact Form on your website will be sent to you via email at the contact email address associated with your account. In order to receive Contact Form messages, your email service provider must support delivery using TLS encryption.
- HIPAA: If you are a Covered Entity as set forth in the U.S. Health Insurance Portability and Accountability Act of 1996, as amended, and if, as a result of your use of our Service, we would be deemed to be acting as your Business Associate, then the Business Associate Addendum shall become part of this Agreement.
- GDPR: We do not do business in the European Union and do not currently comply with the General Data Protection Regulation (GDPR).
- The Service makes it possible to embed Third-Party Code into your website. You acknowledge that embedded code may compromise the security of your account, the security of your website, and the privacy of your visitors. You are liable for all Third-Party Code that is added to your website, whether that code is installed by you, or by someone else acting on your behalf (e.g. our Support staff), or by a software integration. We can neither control nor monitor the activity of Third-Party Code and we are not liable for Third-Party Code. When using Third-Party Code, you are fully responsible for the security and privacy of your website.
No Medical Advice
- The information contained in our Materials is compiled from a variety of sources. We do not directly or indirectly practice medicine, render medical advice, or dispense medical services as part of the Service. All Materials are provided for general informational purposes only and are not intended to be professional medical advice, diagnosis, or treatment. Any information provided may contain inaccuracies and should not be considered complete.
- We reserve the right to limit your use of resources, including customer support, bandwidth, CPU usage, and data storage.
- You acknowledge that the Service relies on Third Party Service Providers, including data centers and domain registrars, over which we do not have control.
- Verbal, physical, written or other abuse of our employees, officers, or customers may result in immediate account termination.
- We reserve the right to modify or terminate the Service, or any part thereof, either temporarily or permanently without notice.
- We reserve the right to change these Terms of Service without notice.
- Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
- If any provision in these Terms of Service is found to be unenforceable, the remaining provisions shall remain in full force and effect.
Your use of the Service is at your own risk. The service is provided without any warranty whatsoever on an “as is”, “as available”, and "with all faults" basis. We do not warrant that the Service will meet your requirements or that it will be uninterrupted, secure, or error-free. All other warranties, express or implied, including any warranties of title, merchantability, or fitness for any particular purpose, are specifically excluded and disclaimed by ISEEM, LLC.
Limitation of Liability
You agree that we are not liable to you or to anyone for any losses or damages, including loss of profits, savings, goodwill, use, or data, or any compensatory, punitive, general, special, incidental, consequential, direct, indirect, or speculative damages, whether arising out of or relating to the Service or Materials, even if we have been advised of the possibility of such loss or damage. This Limitation of Liability expressly includes any and all losses related to undelivered or delayed email communications.
You agree to indemnify, defend, and hold harmless ISEEM, LLC and its employees, officers, directors, agents, licensors, suppliers, affiliates, and successors (collectively "Indemnified Parties") from any and all liability, penalties, losses, damages, claims, expenses, costs, and attorneys' fees incurred by or made against the Indemnified Parties caused by, arising out of, or related to your use of the Service or Materials.
You agree that in the event of a problem with the Service or Materials, including, without limitation, any errors, any omissions, or any infringement of Intellectual Property rights, that your sole and exclusive remedy is to discontinue using the Service and Materials.
215 W. 104th Street, #920
New York, NY 10025