Effective Date: January 1, 2019

Welcome to visualoak.com! Visual Oak LLC (“Visual Oak,” “us” or “we”) is very excited to have you. Please take a moment to carefully review the following legal terms regarding the visualoak.com website (the “Site”) and the services we offer and provide. The terms are designed to provide an enjoyable experience for all our Users.

Should you have questions and/or concerns regarding any of the following, please feel free to contact us at hello@visualoak.com.

1. Introduction

1.1 Purpose

We offer a monthly subscription service which helps establish the User’s online presence by creating a customized website. Upon creation of the website, we offer services to continue the management of the website, as determined in the Scope of Service, for the length of the User’s paid subscription. These provided services, applications, features and tools offered by us or through the the Site are collectively referred to as the “Services” herein.

1.2 Agreement

These Terms of Services (“Terms”) govern your access to and use of the Website and the services. By accessing or using the Website, you agree to be bound and abide by these Terms and our Privacy Policy, which is hereby incorporated by reference. If you do not agree with the Terms or the Privacy Policy, you must not use or access the Site or the Services.

1.3 Eligibility

This Site and the Services are only available to Users who are 18 years of age or older and reside in the United States. You represent and warrant that you meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Site or the Services.

Visual Oak reserves the rights to refuse to offer our Services at our sole discretion to any individual or entity. Requirements for eligibility may be changed, in part of in full, at the discretion of Visual Oak at any time and without notice.

2. Responsibilities

2.1 Account

Utilization of the available Services may require the creation of an account (“Account”) to gain access to additional features specific to, but not limited to, the creation and maintenance of a website.

Should the creation of an Account take place, you must provide accurate information. This includes, but is not limited to, ensuring that the provided country for your contact and/or billing address is the same as your current residence.

You are also responsible for maintaining the confidentiality of your Account and password.  You are solely responsible for all access and activities conducted through your Account. You also acknowledge that Visual Oak is not responsible for third party access to your Account. In the case that any known or unknown third party access to or through your Account causes negative or harmful impact on the Site, the Services, or the ability of another user’s lawful ability to use, or use of the Site or the Services. Visual Oak reserves the right to refuse, suspend and/or terminate Accounts or access to and use of the Site and Services, in its sole discretion.

2.2 Ownership

In the instance that legal ownership of the Account is at dispute between multiple parties, Visual Oak is entitled to rely solely on the information provided to Visual Oak through the Account Creation. If mutually agreed by the parties disputing ownership, such parties shall provide to Visual Oak a written agreement, executed by all such parties, setting forth the ownership of the Account, and in such event Visual Oak is entitled to rely on such written agreement. Visual Oak may request additional documentation, including, but not limited to government issued ID, business license, entity authorizations, or other documentation. Access to the Account may be suspended until a determination of ownership is made.

Should Visual Oak at any point find that a determination of ownership cannot be made (based on its sole and absolute discretion), Visual Oak reserves the right to waive the necessity to conclude ownership. If ownership cannot be concluded, Visual Oak maintains the right to suspend the Account, Site and all Services until the disputing parties come to a written resolution executed by all such disputing parties. Visual Oak will then act in accordance with the such signed written agreement between disputing parties.

Visual Oak shall have no liability to any party, or any third party, as a result of any determination made by Visual Oak hereunder.   The disputing parties shall hold harmless, indemnify and defend Visual Oak from and against any and all liability arising out of or resulting from the determination of ownership or any action taken by Visual Oak hereunder.

2.3 Content

User represents and warrants to Visual Oak that it owns or has all necessary rights and permissions to use, display and publish all content, including, but not limited to, all text, images, videos, audio, designs, logos, code, illustrations, literary works and any other materials (“Content”) on the User’s website.  User is solely responsible for obtaining necessary rights and permissions with respect to all Content.

2.4 Data/Back Ups

The User is solely responsible for making and maintaining a backup of all Content and data. All Content and data stored using Visual Oak’s Services must be directly related to the Content displayed on the User’s website, and User shall not use the Services for any purpose of general or extended storage.

Visual Oak shall not be liable or responsible for the loss, alteration, modification, corruption, damage or destruction to any of User’s Content to data. Similarly, Visual Oak is not liable for any loss sustained by the User as a result of downtime.

2.5 Prohibited Uses

You may use the Site and the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Site or the Services:

  1. In any way that violates any applicable federal, state, local, or international law or regulation.
  2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter”, “spam”, or any other similar solicitation.
  4. To impersonate or attempt to impersonate Visual Oak, a Visual Oak employee, another user, or any other person or entity (including, without limitation, by using the email addresses or screen names associated with any of the foregoing).
  5. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.
  6. To transmit any hate speech, libelous or otherwise unlawful, threatening, abusive or obscene material, or content which incites harmful actions to a person group. Visual Oak does not provide service to Users dealing with adult content.

Additionally, you agree not to:

  1. Use the Site or the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  2. Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  3. Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
  4. Use any device, software, or routine that interferes with the proper working of the Site.
  5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  7. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  8. Otherwise attempt to interfere with the proper working of the Site.

3. Services

3.1 Scope Of Service

Subject to compliance with these Terms and the Privacy Policy, Visual Oak will establish a website for the User using prebuilt themes which can be customized to reflect your business identity through color changes, uploading pre-existing content, and some modification of the theme’s layout. Visual Oak will not create any content.  If the User requests any change or that Visual Oak add specific Content to the User’s website, the User must submit such request via electronic message.

While Visual Oak may provide some limited and preliminary consultation with respect to the User’s website, Visual Oak will not participate in or be responsible for any of the User’s direct business decisions. The extent of our consultation is strictly related to the Services provided and is left to the sole discretion of Visual Oak.

Visual Oak is not responsible for any products or services that may be provided by any third party, regardless of whether Visual Oak provided any reference or referral to the User with respect to such third party. Use of any third party products or services, including, but not limited to email solutions and domain registrations, is at the sole discretion and risk of the User.

3.2 Email Communication

Visual Oak offers the option to establish email addresses using the User’s domain, provided, however, that this service is available only in the event the User has engaged Visual Oak to manage such domain.

The User may not utilize the Site or the Service to transmit, or procure the sending of, any advertising or promotional material, including any junk mail, spam or other similar commercial solicitation.

While email communication services are available through Visual Oak, Visual Oak is not a primary email service and thus offered services in this regard are limited.

By signing up for Visual Oak Services, you are opting in to email communication and also understand that this is the primary means of communication from Visual Oak. You are responsible for all email communications sent to you by Visual Oak.

3.3 New Domain Registrations

In the creation of an Account and with the purchase of Visual Oak’s Services, we provide one free domain registration per website subscription. This domain registration is provided for the use of the User but is under the ownership of Visual Oak. You may request ownership of the domain registration but understand that in doing so, Visual Oak will transfer full ownership and responsibility of the domain registration to the User to be managed by User, or a third party at User’s request, and separate from the Visual Oak Services. The User is solely responsible for providing all necessary information to enable Visual Oak to transfer the domain registration. While Visual Oak may offer direction in this process, Visual Oak is not responsible for any assistance to the User with this process.

Visual Oak is not responsible for any unwanted domain registrations due to misspellings, typos, or simply due to the user no longer desiring the registered domain registration. The User has the option to purchase additional domain registrations at additional cost to the User.

The domain registration offered holds no monetary value. A domain registration transferred to be under the User’s ownership cannot be considered as a ground for a credit towards the User’s monthly subscription.

Please note, that all domain registrations fall under ICANN regulations.

3.4 Third Party Services

You may be able to access third party websites through links contained on the Site. Please note that these linked websites are not under the control of Visual Oak and Visual Oak is not responsible for the content of any of these linked websites, including without limitation any link contained in a linked website, or any changes or updates to a linked website. These linked sites are subject to terms of use and policies that are prescribed by the owners of such websites. The User is solely responsible for reviewing all such terms and policies.

Visual Oak is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Visual Oak of the site, its products or services, or any associates with its operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality available on the Site, you hereby acknowledge and consent that Visual Oak may share such information and data with any third party with whom Visual Oak has a contractual relationship to provide the requested product, service or functionality on behalf of Visual Oak users and customers.

3.5 Stock Photos

Visual Oak offers stock photos for the User’s convenience. These stock photos are sourced from unplash.com and are covered by Creative Commons.

4.0 Costs / Payments

4.1 Service Fees

The User agrees to pay Visual Oak’s monthly subscription costs (“Service Fee”) in advance and prior to the receiving of any Services. You will pay the Service Fee to Visual Oak by credit card, ACH, or other automatic payment each month until the Services are terminated pursuant to the terms contained herein.

In the event that payment of the Service Fee is not received in advance, Visual Oak may immediately suspend, cancel and revoke all access to and use of the User’s Account and the Services. If such payment is not made within ten (10) days after the due date of such payment of the Service Fee, Visual Oak may terminate the Services and the Account and remove all the User’s Content from Visual Oak systems and servers.

While Visual Oak aims to offer reasonably priced Services, Visual Oak reserves the right to modify our Service Fee at any time upon 30 days notice, which notice may be posted on the Site, sent via email, or communication via any other method determined by Visual Oak. In the circumstance that the User received a discount or promotional rate, Visual Oak reserves the right to automatically and without additional notice to renew your subscription at the full Service Fee.

4.2 Chargebacks

In the instance that a chargeback is received in relation to an Account, Visual Oak reserves the right to suspend all Services and revoke all access to the Services and User’s Account immediately. Services and Account access will not be reinstated until the chargeback has been reversed. If the User fails to resolve such chargeback and pay all Service Fees due to Visual Oak within ten (10) days, Visual Oak may terminate the User’s Account and remove all of User’s Content from Visual Oak’s systems and servers.

4.3 Discounts and Credits

Visual Oak may offer discounts and credits in its sole and absolute discretion. A discount or credit may only be used for the particular service in which it was granted, and cannot be redeemed by the User for any monetary value or other service or product. In the event the Account or any service provided by Visual Oak is terminated or expires before the discount or credit is applied, the User will not be entitled to any refund or payment in exchange for the unused discount or credit. Any discount or credit shall not be deemed a service level agreement, or entitle any other user to receive a similar discount or credit.

5.0 Cancellation

5.1 Voluntary

After the end of the first ninety (90) day period for which the User has paid all fees due to Visual Oak, the User may cancel the Services at any time upon prior written notice to Visual Oak. The User must pay to Visual Oak all Service Fees and other amounts due to Visual Oak up through and including the effective date of termination. All Service Fees and other amounts paid to Visual Oak, including those paid in advance are non-refundable. Provided that the User has paid to Visual Oak all fees and other amounts due, Visual Oak will transfer to User the User’s website and content, to the extent that Visual Oak owns and has the right to transfer the same.

5.2 Involuntary Termination

Visual Oak may terminate all or any of the Services and the User’s Account upon a violation of these Terms or the Privacy Policy. Visual Oak also reserves the right to discontinue all or any of the Services at its sole and absolute discretion and without prior notice to User. In the event that Visual Oak terminates all or any Services or the Account as a result of a violation of these Terms or the Privacy Policy, all Service Fees paid by the User are non-refundable and Visual Oak has not liability to User or any third party.

6.0 Disputes

6.1 Indemnification

You agree to indemnify, defend and hold harmless Visual Oak, its officers, directors, employees, agents and third parties for any losses, costs, liabilities and expenses (including attorney’s fees and expert fees) related to or arising out of your use of or inability to use the Site, Services, or your Account, any postings made by you, your violation of these Terms or the Privacy Policy, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Visual Oak reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Visual Oak in asserting any available defenses.

6.2 Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this position. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.  

6.3 Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A USER MAY BRING CLAIMS AGAINST VISUAL OAK IN SUCH USER’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further unless both you and Visual Oak agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

6.4 Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VISUAL OAK AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

VISUAL OAK AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. VISUAL OAK AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VISUAL OAK AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT, LIABILITY OR OTHERWISE, EVEN IF VISUAL OAK LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Visual Oak may revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when posted, and apply to all access to and use of the Site and Services thereafter. Your continued use following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Last updated: January 1, 2019