These Terms of Use ("Legal Terms") are a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Whebb Works LLC ("we," "us," or "our"), concerning your access to and use of the whebb.works website and any related services we make available through it (collectively, the "Services"). You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree, you must discontinue use of the Services immediately.
Supplemental terms or documents that may be posted on the Services from time to time are incorporated by reference. We may revise these Legal Terms at our discretion at any time. Material changes will be reflected by updating the "Last updated" date at the top of this page. Continued use of the Services after a change means you accept the revised terms. We recommend you check this page periodically.
The Services are intended for users who are at least 18 years old. Persons under 18 are not permitted to use the Services.
These Legal Terms govern your use of the whebb.works marketing website only. Engagements between Whebb Works and clients for development, hosting, maintenance, or other services are governed by separate written agreements (proposals, statements of work, master service agreements), and disputes arising under those agreements are governed by their own terms, not these Legal Terms.
Table of contents
- Our services
- Intellectual property rights
- User representations
- Prohibited activities
- Submissions
- Third-party websites and content
- Services management
- Term and termination
- Modifications and interruptions
- Governing law
- Dispute resolution
- Corrections
- Disclaimer
- Limitations of liability
- Indemnification
- User data
- Electronic communications, transactions, and signatures
- Miscellaneous
- Contact us
1. Our services
The Services are a marketing website operated by Whebb Works LLC. The website describes our service offerings, displays examples of our prior work, publishes a public reviews carousel, and provides two contact mechanisms: a public contact form and a private work-request form intended for active clients. The Services are made available free of charge for informational and inquiry purposes.
We make no representation that the Services are appropriate or available for use in any particular location. Those who access the Services from outside the United States do so on their own initiative and are responsible for compliance with local laws.
2. Intellectual property rights
Our intellectual property. We own or license all intellectual property rights in the Services and in all of the content displayed on the Services, including text, graphics, photographs, screenshots, logos, code, and the overall design and arrangement (collectively, the "Content"). The Content is protected by United States and international copyright, trademark, and other intellectual property laws.
Your use of our Content. Subject to your compliance with these Legal Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access the Services and to view, download, and print Content solely for your personal, non-commercial review of our business. You may not reproduce, redistribute, sell, sublicense, publish, broadcast, scrape, or otherwise commercially exploit any Content without our prior written permission.
Client work shown in our portfolio. Screenshots and descriptions of client projects displayed in our portfolio are reproduced with the relevant clients' permission for showcase purposes only. Trademarks, logos, and brand assets visible in those screenshots are the property of the respective clients and are used here for identification purposes only.
If you believe Content on the Services infringes your intellectual property rights, please contact us at info@whebb.works with a detailed description of the claim, including the work allegedly infringed and your contact information, and we will respond promptly.
3. User representations
By using the Services, you represent and warrant that: (a) you have the legal capacity to agree to these Legal Terms; (b) you are not a minor in the jurisdiction in which you reside; (c) you will not access the Services through automated or non-human means, except as permitted by a written agreement with us; (d) you will not use the Services for any illegal or unauthorized purpose; and (e) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, or incomplete, we may refuse continued use of the Services.
4. Prohibited activities
You agree not to access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:
- Systematically retrieve data or content from the Services to create or compile a collection, database, or directory without our written permission.
- Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of Content.
- Disparage, tarnish, or otherwise harm Whebb Works or any party associated with us.
- Use any information obtained from the Services to harass, abuse, or harm another person.
- Make improper use of our support channels or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services in a way that misrepresents your relationship to us.
- Upload or transmit viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party's uninterrupted use of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person, or use the username of another user.
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to HTML, JavaScript, CSS, or other code.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Use the Services for any unauthorized commercial purpose, including any solicitation, advertising, or sale of goods or services.
- Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms").
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Except as may result from standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system — including any spider, robot, cheat utility, scraper, or offline reader — that accesses the Services, or use or launch any unauthorized script or other software.
- Collect usernames or email addresses of users by electronic or other means for the purpose of sending unsolicited email.
- Use the Services as part of any effort to compete with us or otherwise use the Services or the Content for any revenue-generating endeavor or commercial enterprise.
5. Submissions
Feedback and ideas. Any questions, comments, suggestions, ideas, feedback, project descriptions, or other information you provide to us about the Services or our services — including through the contact form or the client work-request form — is non-confidential and may become our sole property. We may use, disseminate, or commercially exploit such feedback for any lawful purpose without acknowledgment or compensation to you.
Files uploaded through the work-request form. Files you upload through the client work-request form (e.g., screenshots, mockups, supporting documents) remain your property or the property of their respective rights holders. By uploading a file, you grant Whebb Works a limited, non-exclusive license to store, access, and use the file solely for the purpose of fulfilling your work request and operating the Services. You represent and warrant that you own or have the necessary rights to upload any file you submit, and that the file does not infringe any third party's rights.
Your responsibilities. By making any Submission, you represent and warrant that: (a) the Submission is original to you or you have the right to submit it; (b) the Submission does not contain confidential information unless explicitly marked as such; (c) the Submission does not violate any applicable law or third-party right; and (d) the Submission is not defamatory, obscene, harassing, threatening, or otherwise objectionable. You waive any moral rights in your Submissions to the extent permitted by law.
Any personal information contained in your Submissions is handled in accordance with our Privacy Policy.
6. Third-party websites and content
The Services may contain links to other websites ("Third-Party Websites") as well as content originating from third parties ("Third-Party Content"), including but not limited to client websites displayed in our portfolio and reviews displayed from Google Business Profile. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern.
7. Services management
We reserve the right, but not the obligation, to: (a) monitor the Services for violations of these Legal Terms; (b) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms; (c) refuse, restrict access to, limit the availability of, or disable any of your submissions; and (d) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
8. Term and termination
These Legal Terms remain in full force and effect while you use the Services. Without limiting any other provision of these Legal Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services to any person for any reason, including for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation. We may terminate your use of the Services at any time without warning.
9. Modifications and interruptions
We reserve the right to change, modify, or remove any portion of the Services at any time without notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
10. Governing law
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.
11. Dispute resolution
Informal negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party," and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other, sent by email to the address specified in Section 19.
Binding arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. The arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
The arbitration will take place in Broward County, Florida. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason a Dispute proceeds in court rather than arbitration, the Dispute will be commenced or prosecuted in the state and federal courts located in Broward County, Florida, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
If a court determines that the costs of arbitration are excessive or otherwise prohibitive for you to pursue your claim, we agree to pay all reasonable arbitration fees and expenses such that the cost to you does not exceed the cost of filing a claim in small claims court in Broward County, Florida.
Restrictions
The Parties agree that any arbitration will be limited to the Dispute between the Parties individually. To the full extent permitted by law: (a) no arbitration will be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to use class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to informal negotiations and arbitration
The Parties agree that the following Disputes are not subject to the provisions above concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute will be decided by a court of competent jurisdiction within the courts listed above for jurisdiction.
Limitations period
Any cause of action or claim you may have arising out of or relating to these Legal Terms or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
12. Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
13. Disclaimer
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE, INCLUDING WITHOUT LIMITATION THE CLIENT WEBSITES SHOWN IN OUR PORTFOLIO, AND WE WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
14. Limitations of liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS (USD $100.00). CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
15. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
16. User data
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we will have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. Information about how we handle personal data is described in our Privacy Policy.
17. Electronic communications, transactions, and signatures
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
18. Miscellaneous
These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms will not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We will not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
19. Contact us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Whebb Works LLC
info@whebb.works