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Legal Liability and Compliance Disclaimer

1. General Disclaimer:

1.1 Layerly provides website design, development, and hosting services to help businesses establish and maintain their online presence. While we make every effort to ensure that our services comply with relevant laws and regulations, we cannot guarantee that your website will be fully compliant with all applicable laws.

1.2 By using Layerly’s services, you acknowledge and agree that Layerly shall not be held responsible or liable for any legal action taken against your business due to compliance issues related to your website.

2. Areas of Non-Liability:

2.1 Privacy Policy Violations:

If your business is sued or faces legal action due to violations of privacy policies, including but not limited to the improper collection, use, or disclosure of personal information, Layerly shall not be held responsible.

This includes situations where your business does not have a privacy policy in place or has not requested Layerly to create one.

2.2 State-Specific Compliance Violations:

If your business faces legal action due to non-compliance with state-specific laws and regulations, such as those in California, Delaware, Nevada, Virginia, Colorado, Utah, Connecticut, Texas, and Oregon, Layerly shall not be held responsible.

2.3 Third-Party Services Tracking Violations:

If your website uses third-party services for tracking, analytics, or advertising, and your business is sued or faces legal action due to privacy policy violations associated with these services, Layerly shall not be held responsible.

2.4 E-commerce Compliance Violations:

If your business faces legal action due to non-compliance with privacy policies and regulations related to selling products or subscriptions online, including the handling of payment information and consumer data, Layerly shall not be held responsible.

3. Customer Responsibility for Legal Compliance Documents:

3.1 It is the customer’s responsibility to request and provide necessary legal compliance documents, including but not limited to privacy policies and terms and conditions, for their website.

3.2 Customers must ensure these documents are up-to-date and compliant with all applicable laws and regulations.

4. Compliance with Privacy Laws:

4.1 It is the responsibility of your business to ensure compliance with all applicable privacy laws and regulations, including but not limited to:

5. Customer Responsibility:

5.1 You are responsible for requesting, regularly reviewing and updating your website’s privacy policies, terms of service, and compliance measures to ensure they meet all applicable legal requirements.

5.2 You must seek independent legal advice to ensure that your website complies with all relevant laws and regulations. Layerly does not provide legal advice and shall not be held liable for any legal issues arising from your failure to comply with applicable laws.

6. Indemnification:

6.1 You agree to indemnify, defend, and hold harmless Layerly, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

7. Limitation of Liability:

7.1 To the maximum extent permitted by law, Layerly shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

Website Attribution Agreement

1. Layerly has the right to place the text “Made by Layerly” with a hyperlink to the Layerly website, layerly.io, at the bottom of your website. This attribution may be displayed in small text at the bottom of each page of the website.

2. You may request that the “Made by Layerly” attribution text be displayed with an opacity of up to 50% on each page of the website. Such a request must be made in writing to Layerly.

Layerly Website Edits Fair Use Policy

1. Layerly (“we,” “our,” or “us”) is committed to providing our customers with exceptional website design and development services, including unlimited edits and changes to their websites. However, to ensure fairness and efficient use of our resources, we have established this “Fair Use Policy” (the “Policy”). This Policy outlines the acceptable and reasonable use of our unlimited edits and changes service by our customers (referred to as “you” or “your”). The intention is to maintain the quality of service and prevent misuse that may disrupt our operations.

2. Fair Use Guidelines

2.1 You are encouraged to take full advantage of our unlimited edits and changes service within reasonable limits. Most edits are typically completed within 24-48 hours, and we strive to accommodate your requests promptly. While “unlimited” means that there is no specific numerical limit on the number of edits and changes you can request, it does not imply unrestricted or abusive use of the service.

3. The following activities are prohibited under this Policy

4. Monitoring and Enforcement

4.1 We reserve the right to monitor and review the use of our unlimited edits and changes service to ensure compliance with this Policy. If we determine, at our sole discretion, that a customer’s use of the service violates this Policy, we may take appropriate actions, including but not limited to:

Customer Access and Restricted Backend Elements

1. Customer Backend Access

1.1 The Layerly website allows customers to log in to the backend of their own websites to make changes and manage content. This access is provided to enable customers to have control over their website content and certain functionalities.

2. Restricted Backend Elements

2.1 For security and quality assurance purposes, certain backend elements of the website may have restricted access and can only be accessed or modified by Layerly developers.

2.2 Restricted backend elements may include, but are not limited to, custom pages, core system files, advanced settings and other critical components that could impact the website’s functionality, security, and performance.

3. Right to Deny Access

3.1 Layerly reserves the right to deny customer access to specific backend elements of their website. This is to ensure the integrity, security, and optimal performance of the website.

3.2 If a customer wishes to make changes to restricted backend elements, they must submit a request to Layerly. Our team will evaluate the request and make the necessary changes on the customer’s behalf, provided the changes fall within the limits and scope of their subscription or any applicable subscription add-ons.

4. Change Requests

4.1 Customers can request changes to their website by contacting Layerly’s support team. Our developers will make the requested changes as long as they are within the bounds of the customer’s subscription plan and any subscription add-ons.

4.2 Layerly strives to accommodate change requests promptly and efficiently, typically within the timeframes specified in the customer’s subscription plan.

5. Customer Responsibility

5.1 While customers have access to manage content and certain elements of their websites, they are responsible for using this access in accordance with Layerly’s guidelines and best practices.

5.2 Customers should not attempt to bypass or modify restricted backend elements. Doing so may result in security vulnerabilities or functional issues, for which Layerly will not be held responsible.

6. Support and Assistance

6.1 Layerly’s support team is available to assist customers with any questions or issues related to backend access and management. We are committed to providing the necessary support to ensure a smooth and secure website management experience.

Collection Page Migration Policy

1. Layerly (“we,” “our,” or “us”) offers website design and development services that include the creation and management of collection pages, such as blog, services, events, news, and others, as part of our website design subscription.

2. Free Migration of Collection Pages

2.1 When a customer signs up for a new Layerly website or requests the addition of a collection page to an existing website, we offer complimentary migration services for up to 10 collection pages.
“Collection pages” refer to pages within categories like blog posts, services listings, events, news articles, and similar content groupings.

3. Additional Collection Pages

3.1 If a customer requires the migration of more than 10 collection pages, they have two options:
Customer Self-Migration: Layerly may provide login access to the customer’s website, allowing them to add these additional collection pages themselves.
Layerly Migration Service: Alternatively, customers can request that Layerly adds or migrates the additional collection pages for them.

4. Fees for Additional Collection Pages

4.1 For additional collection pages beyond the initial 10 pages, Layerly may charge a fee for the migration or creation of these pages. The specific fee will be determined based on the complexity and volume of the requested work.

5. Customer Responsibility

5.1 Customers are responsible for providing clear and accurate instructions regarding the content and structure of the collection pages they wish to migrate or create.

6. Quality Assurance

6.1 Layerly will make reasonable efforts to ensure the accuracy and functionality of migrated or created collection pages. However, it is the customer’s responsibility to review and approve the final results.

Cancellation of Customer Subscription and Refund Policy

1. Cancellation of Subscription by Layerly

1.1 Layerly reserves the right to cancel a customer subscription at any time, without prior notice, for the following reasons:

1.2 In the event of subscription cancellation by Layerly for reasons stated above, no refunds will be provided to the customer.

Subscription Commitment and Payment Terms

1. Subscription Commitment for Yearly Plans

1.1 Layerly offers subscription-based services, including a yearly plan that is billed on a monthly basis. By subscribing to the yearly plan, you agree to a one-year (12-month) commitment, during which you are responsible for completing all monthly payments as agreed upon at the time of purchase.

1.2 The yearly plan is not a month-to-month subscription, and cancellation is not permitted during the 12-month period.

1.3 Requesting cancellation before the one-year term is completed does not relieve you of your obligation to pay the remaining monthly installments.

2. Monthly Billing and Payment Responsibility

2.1 The yearly plan is billed in equal monthly installments over a 12-month period. By subscribing, you authorize Layerly to charge your payment method each month for the duration of your subscription commitment.

2.2 If a payment fails due to insufficient funds, an expired payment method, or any other reason, Layerly reserves the right to suspend or terminate your services until the outstanding payment is resolved.

2.3 In the event of non-payment, Layerly may take appropriate legal action or employ third-party collection agencies to recover any unpaid amounts.

3. Cancellation and Renewal Policy

3.1 Cancellation Before One Year: Customers on the yearly plan cannot cancel their subscription or stop monthly payments before the one-year term is completed.

3.2 Auto-Renewal: At the end of the one-year term, your subscription will automatically renew for another one-year period unless you provide a cancellation request before the renewal date.

4. Refunds and Early Termination

4.1 New website signups have a 14-day money-back guarantee. If you ask us for a refund within 14 days of your original purchase date, we will refund the payments you made for your website subscription and end the subscription, and you will owe nothing more for it. This applies even where another part of these terms says the subscription cannot be cancelled, that remaining payments are still owed, or that early termination gives no refund, unless we cancelled your subscription under section 1 of the Cancellation of Customer Subscription and Refund Policy above. Outside this guarantee, all payments made toward the yearly plan are non-refundable.

4.2 Apart from the 14-day money-back guarantee in 4.1, early termination of your subscription does not entitle you to any refunds or waivers of outstanding payments.

5. Modifications to Subscription Terms

5.1 Layerly reserves the right to modify pricing, billing, and subscription structures at any time. However, any changes will not affect customers already within an active yearly subscription term until their next renewal period.

Business Identity and Subscription Policy

1. Subscription Tied to Original Business

1.1 When you sign up for a Layerly website subscription, the subscription is exclusively linked to the business name, domain, and content provided at the time of registration.

1.2 Customers cannot transfer, repurpose, or alter their existing subscription to be used for a different business, brand, or entity.

2. Prohibited Business Changes Within a Subscription

2.1 Customers are not permitted to:

2.2 If a customer closes down or no longer operates the original business tied to the subscription, the website subscription cannot be transferred to a new business or repurposed for a different company.

3. Correct Process for a New Business Website

3.1 If a customer starts a new business, they must:

3.2 Customers cannot merge, combine, or replace an existing subscription with a new one. Each business requires a separate, independent subscription.

4. Subscription Commitment Still Applies

4.1 If a customer decides to stop using the website for their original business before the end of their subscription term, the subscription remains active until the end of the committed period, and monthly payments (if applicable) are still required.

4.2 Early termination of the business does not result in refunds or the ability to reassign the subscription to a different business.

5. No Exceptions Policy

5.1 To maintain fairness and consistency for all customers, no exceptions will be made to this policy.

Right to Refuse Service

1. Layerly reserves the right to refuse service to any customer for any reason. If a customer signs up for a website and is refused service by Layerly for reasons unrelated to those mentioned in the previous sections, Layerly will provide a full refund to the customer, as long as the customer has not engaged in any of the activities listed previously.

2. Religious Reasons

2.1 Layerly may cancel or refuse service due to religious reasons if providing the service would violate the sincerely held religious beliefs or practices of Layerly’s owners or employees.

Domain Ownership and Transfer Policy

1. Free Domain with Subscription

1.1 Layerly offers a complimentary domain registration or acquisition as part of the customer’s subscription to our services. This domain is provided to the customer free of charge for the duration of their active Layerly subscription.

2. Domain Ownership

2.1 While the domain is provided to the customer at no additional cost during their subscription, it is registered or acquired by Layerly on behalf of the customer. The customer is recognized as the registrant or owner of the domain in Layerly’s records, and the domain is held and managed by Layerly on the customer’s behalf during the subscription period.

3. Transfer of Domain Ownership

3.1 If the customer chooses to end their Layerly subscription for any reason, Layerly reserves the right to transfer ownership of the domain to the customer upon request. Layerly may offer to sell the domain to the customer at a fair and reasonable market price, as determined by Layerly, in the event that the customer wishes to retain ownership of the domain after ending their service.

4. Domain Transfer Process

4.1 To initiate the transfer of domain ownership, the customer must submit a written request to Layerly’s customer support team. Upon receiving the customer’s request, Layerly will facilitate the necessary steps to transfer ownership of the domain, including any associated fees for domain transfer.

5. Customer Responsibility

5.1 The customer is responsible for all costs associated with the transfer of domain ownership, including any fees for domain acquisition, registration, or transfer.

6. Timing of Domain Transfer

6.1 The domain transfer process will be initiated promptly upon receiving the customer’s request, subject to any applicable domain transfer timelines and policies of domain registrars and authorities.

7. Expiration of Subscription

7.1 If the customer’s Layerly subscription expires and is not renewed, the customer will have a grace period during which they may request the transfer or purchase of the domain, as outlined in this policy.

8. Non-Renewal of Domain

8.1 If the customer does not request the transfer or purchase of the domain within the specified grace period, Layerly reserves the right to release or sell the domain as it sees fit, without any obligation to the customer.

Password Security and Hacked Website Disclaimer

1. Password Responsibility

1.1 Layerly places a high priority on the security of customer websites. We provide tools and guidance to help customers maintain the security of their websites, including the use of strong and secure passwords.

1.2 Customers are responsible for setting and maintaining secure login credentials, including passwords, for their website accounts. This includes regularly updating passwords, using strong and unique combinations, and following recommended security practices.

2. Hacked Website Disclaimer

2.1 Layerly is committed to taking all reasonable measures to protect the security of customer websites hosted or managed by us. However, we cannot be held responsible for any unauthorized access, breaches, or security incidents resulting from weak or compromised customer passwords.

2.2 Customers are hereby informed that the use of weak, easily guessable, or compromised passwords may increase the vulnerability of their websites to hacking attempts and security breaches.

2.3 In the event that a customer’s website is compromised due to weak or compromised passwords, Layerly will not be held liable for any damages, losses, or consequences arising from such incidents, including but not limited to data loss, website downtime, or unauthorized access.

3. Customer Security Responsibilities

3.1 Customers are strongly encouraged to follow best practices for password security, which may include but are not limited to:

  1. Using a combination of uppercase and lowercase letters, numbers, and special characters in passwords.
  2. Avoiding the use of easily guessable information such as names, birthdays, or common words.
  3. Regularly updating passwords and refraining from using the same password for multiple accounts.
  4. Implementing additional security measures such as two-factor authentication (2FA) where available.

Reporting Security Concerns

1. Customers are encouraged to promptly report any security concerns, suspected breaches, or unauthorized access to Layerly’s customer support team for investigation and mitigation.

Search Engine Optimization (SEO)

1. SEO Inclusion and Efforts

1.1 Layerly provides on-page search engine optimization (SEO) as a standard feature in all customer websites to enhance search engine visibility. Our optimization efforts include a combination of human expertise and AI-driven tools to refine content and keywords for better rankings.

1.2 While we make diligent efforts to optimize website content for search engines, we cannot guarantee specific search ranking outcomes. Search engine algorithms and rankings fluctuate based on various factors beyond our control, such as competition, industry trends, and search engine updates.

2. Opting Out of SEO Services

2.1 Customers may request to exclude SEO services from their website if they prefer not to have SEO optimization applied. This request must be made in writing before or during website development.

2.2 Opting out of SEO services does not change the price of the customer’s subscription. The website subscription cost remains the same, regardless of whether SEO services are included or excluded.

2.3 If a customer chooses to opt out of SEO services, Layerly will not be responsible for any impact on search engine visibility, discoverability, or organic traffic performance.

3. Customer Involvement and Responsibilities

3.1 While Layerly provides SEO optimization, customers are encouraged to actively participate in the SEO process by providing relevant keyword search terms, meta titles, descriptions, alt text, and other SEO-related content that aligns with their business goals.

3.2 Customers who wish to further refine their website’s SEO may do so independently by using the provided login access to make content and metadata adjustments.

4. No Guarantee of Search Rankings

4.1 SEO is an evolving and competitive field. Layerly does not guarantee specific search rankings or immediate improvements in search engine results. Results may vary based on industry competitiveness, search engine algorithm changes, and other external factors.

Customer Responsibility for Frequent Post Content

1. Inclusion of Recurring Post Content

1.1 Customers who opt to include frequently recurring post content on their website, such as blog articles, news updates, or similar posts, assume the responsibility for adding and managing this content.
Layerly will provide customers with login access to their website to add, edit, and manage these posts.

2. SEO Responsibilities

2.1 It is the cstomers responsibility to include and optimize keywords, meta information, and SEO search data for the posts they create.

2.2 Layerly will provide customers with the necessary tools and functionalities to write, organize, and adjust the layout of their posts. These tools may include options for adding text, images, links, columns, bullet points, headings, and other content elements to their posts.

3. Content Guidance and Training

3.1 Upon request, Layerly will provide customers with instructional articles or resources to teach them how to edit and manage their post content effectively.

3.2 While we offer guidance and support, it is the responsibility of the customer to learn, input, and format the content of their posts as per their requirements and preferences.

4. Customer Content Ownership

4.1 Customers retain full ownership and control of the post content they add to their website. Layerly does not claim any ownership rights over customer-generated content.

5. Customer Support

5.1 Our customer support team is available to assist customers with technical inquiries or issues related to managing their post content. However, the creation and input of content remain the responsibility of the customer.

Content Licensing and Legal Responsibility

1. Customer Content Licensing

1.1 Customers are responsible for providing all images, written copy, and website content (collectively referred to as “Customer Content”) to Layerly for use in the design, development, and management of their websites.

1.2 By sharing Customer Content with Layerly, customers confirm that they either hold the legal rights to use and license such content or that it is free to use without any legal restrictions.

Layerly’s Limited Responsibility

1. Layerly assumes that all Customer Content provided by customers for use in their websites is properly licensed, free from copyright infringement, and legally obtained or licensed by the customer.

2. Layerly will make reasonable efforts to verify the legal status of Customer Content provided by customers, but it is not responsible for conducting exhaustive legal assessments of such content.

3. In the event that any Customer Content is found to be copywritten, illegally obtained, or improperly licensed, Layerly shall be free from legal responsibility or liability arising from the use of such content.

Customer Liability

1. Customers are solely responsible for obtaining the necessary licenses, permissions, and rights for any third-party content used on their websites, including but not limited to images, written copy, graphics, and multimedia elements.

2. Customers agree to indemnify and hold Layerly harmless from any legal claims, actions, or liabilities arising from the use of Customer Content that is copywritten, illegally obtained, or improperly licensed.

Content Removal and Compliance

1. If Layerly becomes aware of any Customer Content that may infringe upon copyrights or violate legal licensing agreements, we reserve the right to remove or disable access to such content from the customer’s website.

Jurisdiction and Governing Law

1. Applicable Law:

1.1 These terms and conditions, and any disputes arising from or relating to the use of Layerly’s services, shall be governed by and construed in accordance with the laws and statutes of the state of Wisconsin, without regard to its conflict of law principles.

2. Jurisdiction:

2.1 If Layerly were to be sued or face legal action, any such lawsuit or legal proceeding must be brought exclusively in the state or federal courts located within the state of Wisconsin.

2.2 By using Layerly’s services, you consent to the exclusive jurisdiction of the state and federal courts located in Wisconsin for the resolution of any disputes arising out of or related to these terms and conditions or the use of Layerly’s services.

3. Compliance with Wisconsin Laws:

3.1 Any legal action or lawsuit brought against Layerly must comply with the applicable laws, rules, and statutes of the state of Wisconsin.