1. Agreement
These Terms are a contract between you and Western Web Co., a DBA of Acklam Software LLC, an Arizona company ("Western Web Co.," "we," "us"). They cover westernwebco.com, the WWC app, the websites we host, the WWC Directory and our related services (the "Services"). By creating an account or using the Services, you agree to these Terms and our Privacy Policy. If you use the Services for a business, you agree for that business, and "you" means both you and the business.
2. United States businesses only
The Services are for businesses located in the United States. Accounts must use a U.S. business address. You are responsible for following the laws that apply to your business and your use of the Services.
3. Your account
- You must be at least 18 and have authority to act for the business you sign up.
- Keep your account information accurate, and keep your sign-in details private. You are responsible for activity in your account.
- Tell us right away at support@westernwebco.com if you think someone has accessed your account without permission.
- Our staff may access your account to give support or to keep the Services secure. We record each time and the reason.
- We may suspend or limit an account to protect the Services, other users, data or payments.
4. Free trial, subscription and fees
- Free trial. If your plan includes a free trial, you add a card to start it, and you will not be charged if you cancel before the trial ends. If you don't cancel, your subscription starts automatically at the price shown when you started the trial, on the card you added.
- Subscription. Your subscription renews automatically each billing period until you cancel. Fees are charged in advance and don't include taxes unless we say so.
- Price changes. We will tell you at least 30 days before a price change takes effect. The new price applies from your next billing period after that notice.
- Failed payments. If a payment fails or is reversed, we may limit or suspend paid features until it is paid.
- Cancelling. Cancel any time in Account Settings (Manage billing) or by emailing support. Cancellation takes effect at the end of the current billing period, and you keep access until then.
- Refunds. Fees already paid are non-refundable except where the law requires otherwise. At our discretion we may offer a full or partial refund, an account credit or a promotional code, for example if you are not satisfied with a website we built for you. Doing so once does not oblige us to do it again or for anyone else.
- Billing questions. Send billing disputes to support@westernwebco.com within 30 days of the charge.
5. Free website build
- If you ask us to build your website, we build it at no charge. The build is a free service. It is not part of your subscription fee and does not change how subscription fees are charged or refunded. Other companies charge separately for this; we don't.
- We work with you on the design and content, but we don't promise a delivery date.
- You are responsible for giving us accurate information and content you have the right to use, and for reviewing your website before and after it goes live.
- Your website runs on the WWC platform, so it needs an active subscription to stay online.
6. Payments you take from your clients
- Payments you take through WWC are processed by Stripe or Square under their own terms. We don't receive, hold or control your clients' payment funds.
- We are not responsible for payouts, holds, reserves, account limits or fees set by Stripe, Square or banks.
- You are responsible for your own taxes, tax forms (including 1099s), refunds to your clients and disputes with them.
7. Domains
- You own the domain. A domain you buy through WWC is registered in your name, through our registrar partner, and belongs to you.
- You pay the registration and renewal prices shown when you buy or renew. Renewals are charged automatically unless you turn auto-renew off.
- You are responsible for keeping the registrant contact details accurate, as registrars require.
- Taking it with you. You may move your domain to another registrar. On request we give you what you need to transfer it, subject to the registrar's rules (for example, a domain usually can't be transferred within 60 days of registration).
- If your WWC subscription ends, the domain is still yours, but your WWC website stops being available on it. Keeping the domain registered after that is your responsibility.
8. Your content and your clients' information
- You own your content: your website, photos, documents, records and the information you store about your clients and their horses.
- You give us permission to host, copy, process, display and transmit your content only as needed to provide, secure and support the Services, including showing your website and directory listing publicly where you publish them.
- Your clients' information. For information about your clients, you decide what to collect and how to use it, and you are responsible for giving your clients any notices and getting any permissions the law requires. We act as your service provider: we process that information only to provide the Services to you and as you instruct, we don't sell it, and we don't use it to market to your clients. We keep it confidential, use the service providers listed in our Privacy Policy, and help you respond to your clients' privacy requests.
- You confirm you have the rights needed to put your content into the Services.
9. Acceptable use
Don't use the Services to:
- break the law, deceive people or harm anyone;
- send spam or messages that break email or texting laws (you are responsible for messages you send to your clients through WWC);
- upload malware, or try to get around security, sign-in, rate limits or other protections;
- copy, scrape, resell or reverse engineer the Services without our written permission; or
- infringe anyone else's rights.
10. Health information
Don't upload information regulated by HIPAA, or human medical records, diagnoses, treatment or insurance details. Records about animals, such as a horse's Coggins or vaccination record, are fine.
11. Waivers, documents and signatures
You use signature forms, waivers and document tools at your own risk. We don't provide legal advice, and nothing in the Services, our templates or our support is legal advice. We don't promise that any document will be enforceable. Talk to a lawyer about your documents.
12. Automatically written drafts
Some features write first drafts of website text or organize your photos for you. Drafts can be wrong or incomplete. Review and edit them before you publish; you are responsible for what your website says.
13. WWC Directory
We may list equine businesses in the WWC Directory using public information and business contact lists. A business can claim its listing to manage it, or ask us to change or remove it. We may edit or remove listings to keep the directory accurate and appropriate.
14. Other companies' services
Parts of the Services rely on other companies, listed in our Privacy Policy. Their terms may apply to your use of their services, and we are not responsible for their outages, changes or actions.
15. Availability and changes
We work to keep the Services available, but we don't guarantee they will always be available or free of errors. They may be unavailable during maintenance, updates, incidents or outages at providers we rely on. We may change, add or remove features. If we remove a feature you pay for in a way that significantly reduces the Services, we will tell you first. Keep your own copies of records you need for legal or business purposes.
16. Privacy
Our Privacy Policy explains how we handle personal information and is part of these Terms.
17. Our property and feedback
We own the WWC platform, software, website designs, templates and our brand. You may use our website designs for your own website while your subscription is active. If you send us ideas or feedback, we may use them without obligation to you.
18. Ending your account
- You can cancel at any time (Section 4). We may suspend or close your account if you break these Terms, don't pay, create a security or legal risk, or as the law requires. Where reasonable, we will tell you first.
- When your account ends, your website and paid features stop. Email us within 30 days to ask for a copy of your client records and signed documents. We keep your account's records after it ends, as our Privacy Policy describes, until you ask us to delete them.
- Sections that by their nature should continue (including fees owed, your content and responsibilities, disclaimers, limits of liability, indemnity and disputes) continue after your account ends.
19. Disclaimer
The Services are provided "as is" and "as available." To the fullest extent the law allows, we disclaim all warranties, including merchantability, fitness for a particular purpose and non-infringement.
20. Limit of liability
To the fullest extent the law allows:
- We are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or business.
- Our total liability for all claims is limited to the amount you paid us in the 12 months before the claim.
21. Indemnity
You will defend and indemnify Western Web Co. and Acklam Software LLC against claims, losses and costs (including reasonable lawyers' fees) arising from your use of the Services, your content, your dealings with your clients, or your breach of these Terms.
22. Disputes
- Talk to us first. Email support@westernwebco.com and give us 30 days to try to resolve it.
- Arbitration. If we can't, the dispute will be resolved by binding individual arbitration under the American Arbitration Association's Commercial Arbitration Rules, in Maricopa County, Arizona. Either of us may instead bring an individual claim in small claims court.
- No class actions. Claims are brought individually, not as a class or representative action.
- Either of us may ask a court for an order to stop misuse of intellectual property or the Services.
23. Governing law
Arizona law governs these Terms, without regard to conflict-of-law rules. Any court case allowed under Section 22 will be in the state or federal courts in Maricopa County, Arizona.
24. General
- We may update these Terms. We'll post the new version with a new date and, for important changes, tell you by email or in WWC. Continuing to use the Services after the change means you accept it.
- You agree to receive notices from us electronically, by email or in WWC.
- Neither of us is responsible for delays caused by events outside reasonable control.
- If part of these Terms can't be enforced, the rest still applies. Not enforcing a right is not giving it up.
- You may not transfer these Terms without our written permission. We may transfer them as part of a merger, acquisition or sale.
- These Terms and the Privacy Policy are the whole agreement between us about the Services.
25. Contact
Western Web Co. (DBA of Acklam Software LLC)
5133 E Juana Ct
Cave Creek, AZ 85331
support@westernwebco.com
