Typewriter & Co. Terms of Service

These terms of use (“Terms”) are between you and Typewriter & Co., a division of Ronningen Design, LLC (“Company,” “we,” “our,” or “us”). These Terms govern your use of the Company’s products and services (the “Services”).

We may update these Terms every now and then. We’ll notify you by email if we do. You can also see all changes made to these Terms at https://www.gotypewriter.com/terms. By continuing to use the Services, you are agreeing to any updated version of these Terms in effect.

For information on what data we collect from you and how we use it, please refer to our Privacy Policy.

The Services

We’re committed to providing you not only a top-notch content management system, but also the tools and skills you need to use it effectively. With your account, you’ll get:

  • Use of the Typewriter™ CMS;
  • A one-on-one on-boarding session where we’ll teach you how to use your website;
  • A customizable website design;
  • Custom domain management.

There are no limits on bandwidth or data storage at this time, but we reserve the right to modify this policy on a case-by-case basis for any user whose usage significantly exceeds the average usage of other users. (That’s a fancy way of saying, if you go viral, we may have to charge you a little extra.)

We offer the Services “as-is.” These Terms contain a limitation of liability and a disclaimer of warranties.

Third Party Subprocessors

We partner with best-in-class technology providers to make the Services run beautifully. If and when we provide any of your data to a third party subprocessor, it will only be for the purpose of rendering the Services to you. We will not sell your data to these subprocessors or to anyone else.

Payment

In exchange for your ongoing use of our Services, you agree to pay a monthly subscription fee via an automatic, recurring credit card payment.

Reliability

We’re committed to providing a CMS you can count on. While we can’t guarantee 100% uptime, we will follow industry best practices to keep our servers up and running.

You acknowledge we have no control over third parties, such as hosting providers, domain registrars, payment processors, image processors, etcetera.

We back up our databases on a regular basis. However, we are unable to restore prior versions of content, so please keep this in mind as you’re editing your website. If you think you’ll need to reference an old version of content in the future, please keep a copy in your own records.

Updates

All software will have bugs along the way. We’ll do our best to keep the Services bug-free. We encourage users to report any potential issues, though we can’t promise every reported issue will be addressed.

We value your feedback greatly and encourage you to make suggestions on features and updates. While we can’t promise that we’ll implement requested features, staying relevant to our customers is a top priority.

Security

We take data security seriously, and we will follow industry best practices to provide a safe and secure environment for your website. However, no system is 100% secure. By using the Services, you agree to accept the risks inherent in internet technologies, including the risk of a data breach.

We need your help to keep your account safe! You agree that you’ll keep your login credentials safe and that you won’t share them with anyone else.

Intellectual Property

The content, design, features, and functionality of the Services are all copyrights of the Company. All brand names used by the Company, including Typewriter, are trademarks of the Company.

We do not claim any intellectual property rights in the content you post. It is your responsibility to make sure your content does not violate anyone else’s intellectual property rights.

Content

You are solely responsible for the content you post using the Services, as well as any third-party content posted through your website.

You agree not to post any content that:

  • Is pornographic, obscene, or otherwise objectionable;
  • Is defamatory, or invades someone’s privacy;
  • Constitutes spam, phishing, or a fraudulent scheme;
  • Infringes intellectual property rights;
  • Promotes unlawful acts.

We reserve the right to immediately remove any content that we deem in our sole discretion to be inappropriate, without any notice to you. This includes, but is not limited to, content that violates the above-listed content standards.

Restrictions On Use

You agree not to use the Services:

  • In a way that violates any law or the rights of any person, including but not limited to intellectual property rights;
  • In a way that interferes with the proper working of the Services;
  • In a way that interferes with anyone else’s use of the Services;
  • Via any automated process, including but not limited to “bots” and “spiders”;
  • To try to gain unauthorized access to any parts of the Services;
  • To attempt to reverse engineer any aspect of the Services;
  • In a way that violates the Company’s content standards; or
  • In a way that otherwise violates any provision of these Terms.

Suspension, Cancellation, & Termination

You may cancel the Services at anytime. If you cancel the Services before the end of your current billing cycle, you’ll have access to the Services until the end of the billing cycle (we do not prorate remaining time). At the end of the billing cycle following cancellation, your account will be terminated.

If your payment cannot be processed for any reason, we will reach out to you. Your site won’t go offline immediately, but your site may be suspended at our discretion. Failure to pay for multiple months will result in account cancellation and site deletion, and you will still owe us for the unpaid periods.

We may terminate the Services without any notice to you if we determine in our sole discretion that you have violated these Terms. We may also terminate the Services for any reason if we give you 30 days’ prior notice.

When the Services are terminated, your account and all associated data will be deleted from our systems forever. We reserve the right to retain an archival copy of your data, but we have no obligation to do so.

Limitation of Liability

To the fullest extent provided by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors (“Releasees”) be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Services, any websites linked to it, any content included in the services or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. Notwithstanding the foregoing, in no event will the collective liability of the Releasees to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount you have paid to the Company for the Services in the last 24 months.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Disclaimer of Warranties

To the fullest extent provided by law, your use of the Services is at your own risk. The Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the services will otherwise meet your needs or expectations. To the fullest extent provided by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Services, any content you post via the Services, or your violation of these Terms.

Governing Law & Jurisdiction

Any dispute between us arising out of or related to the Services or these Terms shall be governed by and construed in accordance with North Carolina law, without giving effect to any choice or conflict of law provisions or rules. Any lawsuit between us shall be filed exclusively in the state or federal courts located in Henderson County, North Carolina, and you irrevocably consent to the personal jurisdiction of such courts over you. In any action between you and us, the prevailing party shall be entitled to its reasonable attorneys’ fees and costs.