Terms and Conditions & License Agreement

First publication: 12 februari 2019

We invite you to read this license agreement carefully, as it governs your relationship with Coöperatieve Free amigos U.A.. It sets forth legal obligations between you and Coöperatieve Free amigos U.A., and it defines the scope of what you can do if you have a disagreement with Coöperatieve Free amigos U.A.. 
Bootstrap Blocks for WP Editor, along with our other products, have been designed, developed, and tested in order to meet the personal and business demands of our clients, and we expect that it will perform to our clients’ expectations in most environments. However, because every client’s needs are different, we cannot and do not guarantee that Bootstrap Blocks for WP Editor or our other products will work in every environment or be compatible with plug-ins, extensions, or themes not developed by us. If you find that Bootstrap Blocks for WP Editor does not suit your needs, or if you are unsatisfied with it or any of our software, this agreement sets forth the extent and nature of your and our obligations with respect to troubleshooting, support, and refunds.

1 – Definitions
1.1. In this agreement Coöperatieve Free amigos U.A., may also be referred to as “Free amigos”, “we” or “us”.
1.2. “You” means you, along with your agents, employees, assigns, successors in interest, beneficiaries, and heirs.
1.3. Bootstrap Blocks for WP Editor, along with the Design Package product developed by Free amigos, including but not limited to any plugin, add-on, or extension, may also be referred to as the “Software”.
1.4. “GPL” means the GNU general public license (take a look at it here).
1.5. This agreement as a whole may be referred to as the “Agreement” or as the “Terms and Conditions”.
1.6. “Transfer” includes but is not limited to any instance in which a Software license is purchased for an end-user who is not the purchaser and for whom the purchaser does not provide ongoing support.
1.7. “Subscription” means a license purchased from Free amigos, which includes a product license key and access to upgrades and support for the Software to which it applies.
1.8. “Support” or “Support Services” means the actions of us through our staff, in communication with you, to troubleshoot issues you may experience when using the Software during the term of an active Subscription.
1.9. “Commercially Reasonable Efforts” means those efforts that a reasonable person would make under the circumstances, limited to practices and steps that are commercially acceptable and typical in the ordinary course of software development and support and further limited to steps which require a time commitment which is reasonable and commercially acceptable and typical in the ordinary course of software development and support.
1.10. “Dependency” means any software without which the Software cannot function and any developer or controller of such software.
1.11. “Event of Force Majeure” means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to an act of God such as a natural disaster; the threat, declaration, or consequence of war; a riot, strike, or disorder (unless solely limited to our employees); or any act of terrorism.

2 – Agreement
By downloading, installing, or using the Software and by using this site you agree to be bound by this Agreement. If you disagree with any of these Terms and Conditions, do not use our Software.

3 – Gnu Public License
Bootstrap Blocks for WP Editor and all add-ons and extensions are licensed under the GPL. However, this Agreement includes additional permissions as defined in Section 7 of the GPL, and its Terms and Conditions also govern any Subscription purchased from Free amigos (as defined in section 3).

4 – Subscriptions
Subscriptions are valid for one year from the date of purchase. A valid and active license key is required for automatic upgrades and support for purchased add-ons and extensions. At the end of each year, your Subscription automatically ends (as for now). You can obtain a new license, and you will be charged the purchase price applicable at that moment, after applying any discounts for which you may be eligible. 
You may not transfer your Subscription to another individual or organisation without the express consent of Free amigos. Transfer of your Subscription automatically and immediately terminates your Subscription and your eligibility for any discounts or other benefits that may be associated with your Subscription.

5 – Updates
If you have a valid and active license key as a result of having purchased a Subscription, you will receive updates for the duration of your Subscription. Updates will be delivered automatically from the WordPress dashboard if your license key is active under GTB Bootstrap Blocks > “name of the add-on” in your WordPress dashboard.

6 – Support
Support Services for purchased add-ons and extensions are available via our contact form for all users which have a current and active license key/Subscription. If you wish to receive Support after one year, you must purchase a new license key. Support is not available for users without an active license key/Subscription. If a purchased add-on/extension is discontinued, Free amigos, may, at its sole discretion, offer a replacement or other extension at no or reduced cost to purchasers of the discontinued extension. However, we undertake no obligation whatsoever to extend support for discontinued add-ons and extensions or to offer any replacement or refund in the event that an extension is discontinued.
Support requests are handled on a first-come, first-serve basis. We will undertake Commercially Reasonable Efforts to resolve issues in a timely, courteous, and professional manner. However, we make no warranty of any kind with respect to the Software or with respect to whether the use of Support Services may resolve any particular issue. Support Services purchased from us are sold “as is” and without any warranty. We hereby disclaim any and all warranty not expressly provided herein, included but not limited to the warranties of merchantability and of fitness for a particular purpose. You use our Support Services at your own risk. We are not responsible for any harm, including but not limited to data loss, that may occur as a result of using our Support Services, and our liability for harm resulting from your use of Support is expressly limited as provided herein.

7 – Refunds
All refunds are at the sole and exclusive discretion of Free amigos, and we reserve the right to refuse to offer a refund for any reason or for no reason, including in all instances in which a Subscription is terminated by us, whether for cause or not. Please note that by purchasing plugins such as the Software, you agree to the terms of their respective refund policies.

8 – Suspension
Free amigos, reserves the right at any time to modify or discontinue, temporarily or permanently, a Subscription with or without notice and for any reason or no reason. If a license key/Subscription is suspended no refund will be granted.

9 – Warranty
We are not responsible for any plugin or theme compatibility conflicts that may occur. The Software is purchased “as is” and without any warranty. We hereby disclaim any and all warranty not expressly provided herein, included but not limited to the warranties of warranties of merchantability and of fitness for a particular purpose. You use the Software at your own risk. We are not responsible for any data loss that may occur as a result of installing the Software, and our liability for harm resulting from your use of the Software is expressly limited as provided herein.

10 – Pricing, Billing, & Privacy
We reserve the right to change pricing at any time for any or for no reason. We reserve the right to not honor typographical errors which may cause incorrect pricing on the website.
You warrant that information provided to us with respect to your identity and contact and billing information is correct and accurate. We will absolutely never sell or share your personal information with third parties. All data we collect will be used for internal purposes only.

11 – Dispute
In the event of any dispute between you and Free amigos, you agree to binding arbitration prior to and in lieu of the commencement of any legal action by an arbitrator and by procedures agreed to by you and us or, if we cannot agree, by a arbitrator approved by the Dutch Arbitration Association. You agree that in any dispute, the laws of the The Netherlands shall apply, including application of its laws concerning conflicts of laws. In the event that any legal action should commence, you consent to the exclusive jurisdiction of the Court of Rotterdam, The Netherlands, personally and otherwise, and you agree that Rotterdam, The Netherlands, is an appropriate and convenient venue.
Further, you hereby expressly waive any right to proceed in any dispute resolution process, whether in arbitration or court or elsewhere, in any capacity other than individually; this means you give up any right to sue as a plaintiff or class member in any purported class or representative proceeding. 
You further agree that in any dispute, if Free amigos, prevails we shall be entitled to recover from you the expenses of the dispute resolution, including the cost of arbitration, any court costs, and reasonable attorney’s fees.
You agree that in any dispute, your sole and entire remedy is a refund of your purchase. Our liability shall be limited to the amount of your purchase, and under no circumstances whatsoever shall Free amigos, or any of its staff or agents, be held liable for any amount, however designated or calculated, that exceeds the dollar value of your combined purchases from Free amigos.

12 – Intellectual Property & Permissions
If you redistribute the Software in accordance with the GPL, you agree that you are required to preserve attribution within the Software to Free amigos, and its agents and staff, wherever apparent, and you are prohibited from misrepresenting the origin of the Software. You are further required to maintain any and all legal notices, included but not limited to trademark or copyright notices, that appear on the Software.
If you make material modifications to the Software, you are further required to mark your software in such a manner that a reasonable user of the modified software would appreciate that it is a modified version of the Software.
If you redistribute the Software, modified or otherwise, you agree to indemnify, defend, save, and hold harmless us and our agents and staff and to assume all liability for any harm resulting from the Software, any modification, and your conveyance.
You are prohibited from using the Software, Free amigos, or the names or likenesses of its agents or staff for any publicity purposes unless you obtain our express written permission.
All rights to our trademarks, trade names, service marks, and copyrighted materials are expressly reserved. These include but are not limited to “Free amigos” and “Bootstrap Blocks for WP Editor” logo. You may not copy, distribute, or otherwise infringe upon our intellectual property without our express written permission.

13 – Force Majeure, End Of Life
In the event that the Software is discontinued; Free amigos, ceases to operate or to exist; or WordPress or other Dependencies are discontinued or cease to operate or to exist, then you agree to waive any and all claims, rights, and choses in action arising out of this Agreement or otherwise available to you at law, equity, or otherwise. You agree that we shall have no liability and no obligation to perform pursuant to this Agreement in the event of any Event of Force Majeure upon notice to you.

14 – Section Titles, Terms, Contents
This Agreement consists of sixteen (16) sections. Section titles are provided for convenience only and are not part of the Agreement. Further, the preamble preceding section 1. Definitions, is provided for convenience and is not part of the Agreement.

15 – Severability 
If any part of this agreement is declared unenforceable or invalid, all remaining clauses in this agreement shall remain binding on the customer.

16 – Entire Agreement
The preceding Agreement governs the sale of Bootstrap Blocks for WP Editor, its add-ons and extensions, and all Software. It constitutes the entire agreement between you and us, superseding any prior, other, or different agreements or negotiations between you and us. The Terms and Conditions herein are continuing in nature and may be altered or amended by us at any time for any reason or for no reason and with or without notice. By placing an order with us you acknowledge that you have read and understood the terms and conditions of this agreement, including as they may be amended, and agree to be bound thereby.

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