Terms of Service

DATED 2008-10-08 · VERSION 20230802_rev01 · COMPARED WITH 20230111_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20230111_rev01 to 20230802_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

165165**Taxes:** You are solely responsible for any applicable state, federal or provincial taxes. Although you may not be charged taxes by us, you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.
166166
167167### Termination
168168
169169Elegant Themes reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any or no reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You are only allowed to use the products and services of Elegant Themes for their intended purpose and may not cause an unreasonable load on the Elegant Themes' servers. You may not resell, rent, sublicense or otherwise permit a third party to make any use of your account or of the Service provided. Any violation of these Terms of Service may result in termination of your access to the Service without any refund.
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171You may unsubscribe from any further communication from Elegant Themes at any time by delivering a written notice addressed to [\[email protected\]](https://elegantthemes.com/cdn-cgi/l/email-protection) You shall be responsible for ensuring delivery of the notice to Elegant Themes. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the Elegant Themes emails.
171You may unsubscribe from any further communication from Elegant Themes at any time by delivering a written notice addressed to [\[email protected\]](https://elegantthemes.com/cdn-cgi/l/email-protection). You shall be responsible for ensuring delivery of the notice to Elegant Themes. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the Elegant Themes emails.
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173173Elegant Themes reserves the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. Elegant Themes shall have no liability to you or any third-party should Elegant Themes modify or discontinue any service or an aspect thereof.
174174
175175### Dispute Resolution
176176
177177Any claim or controversy arising out of or relating to the use of Elegant Themes's Service, to the goods or services provided by Elegant Themes, or to any acts or omissions for which you may contend Elegant Themes is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in San Francisco, California, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator under the Commercial Arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the State of California, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each part shall bear its own costs and attorneys' fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in California. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND ELEGANT THEMES WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND ELEGANT THEMES ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Elegant Themes otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.