Full Service Website Terms & Conditions



This web page represents a legal document that serves as OUR Terms of Service and it governs the legal terms of the SERVICE, http(s)://nmile.com, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by nMile, LLC.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service any mobile license agreement, and other posted guidelines within OUR WEBSITE, collectively "Legal Terms", constitute the entire and only agreement between you and nMile, LLC, and supersede all other agreements, representations, warranties and understandings with respect to OUR WEBSITE and the subject matter contained herein. WE may amend OUR Legal Terms at any time without specific notice to you. The latest copies of OUR Legal Terms will be posted on OUR WEBSITE, and you should review all Legal Terms prior to using OUR WEBSITE. After any revisions to OUR Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review OUR Legal Terms to make sure you still agree to them.

By using OUR WEBSITE, you agree to fully comply with and be bound by OUR Legal Terms. Please review them carefully. If you do not accept OUR Legal Terms, do not access and use OUR WEBSITE or SERVICES. If you have already accessed OUR WEBSITE and do not accept OUR Legal Terms, you should immediately discontinue use of OUR WEBSITE and SERVICE.

Definitions

1. The phrase "our website" or "this website" refers to http(s)://nmile.com including: all sub-pages, all sub-domains, and any associated web-based and mobile applications (collectively, "Website") owned and operated by nMile, LLC.
2. The terms "we", "us", "our", "nMile", and "nMile Website" shall be used interchangeably and shall refer to nMile, LLC, a Kansas Limited Liability Company, its affiliates and/or OUR subsidiaries and any person or entities associated with nMile, LLC.
3. A "visitor" is someone who merely browses OUR WEBSITE, but has not registered as a MEMBER.
4. A "member" or "client" is an individual that has registered with US to use OUR SERVICE.
5. OUR "service" or "services" represents the collective functionality and features as offered through OUR WEBSITE to OUR MEMBER.
6. A "user" or "users" is a collective identifier that refers to either a VISITOR or MEMBER.
7. All text, information, graphics, audio, video, and data offered through OUR WEBSITE are collectively known as OUR "Content".
8. "Professional Service" or "Professional Services" are defined as any SERVICE outside of OUR subscription plans in which WE quote, invoice and bill a MEMBER once the MEMBER has agreed to the service.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of OUR WEBSITE. nMile, LLC reserves the right to investigate complaints or reported violations of OUR Legal Terms and to take any action WE deem appropriate, including but not limited to canceling your MEMBER account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Intellectual Property

OUR WEBSITE may contain OUR service marks or trademarks as well as those of OUR affiliates or other companies, in the form of words, graphics, and logos. Your use of OUR WEBSITE does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. OUR WEBSITE is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of OUR WEBSITE is strictly prohibited. Your use of OUR WEBSITE does not grant you ownership rights of any kind in OUR WEBSITE.

Links to Other Websites

OUR WEBSITE may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, WE do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within OUR WEBSITE does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. nMile, LLC has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.


General Terms

OUR Legal Terms shall be treated as though it were executed and performed in Kansas, U.S.A., and shall be governed by and construed in accordance with the laws of Kansas, U.S.A., without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to OUR WEBSITE, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of OUR Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in OUR WEBSITE conflicts or is inconsistent with OUR Legal Terms, OUR Legal Terms shall take precedence. OUR failure to enforce any provision of OUR Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of nMile, LLC under OUR Legal Terms shall survive the termination of OUR Legal Terms.


Service Terms

As a condition of your use of THIS WEBSITE, you warrant that:

1. you are at least 18 years of age, and
2. you possess the legal authority to create a binding legal obligation, and
3. you have the legal right to make decisions on behalf of your company, corporation, or business concerning any of their web sites and other IT resources, and
4. you are responsible for all Content posted and activity that occurs under your account. You are responsible for any changes made to your web site by others acting on your behalf, if any, and
5. you will use THIS WEBSITE in accordance with this Agreement, and
6. all information supplied by you on THIS WEBSITE is true, accurate, current and complete, and
7. you may not use the SERVICE for any illegal or unauthorized purpose. You must not, in the use of the SERVICE, violate any laws in your jurisdiction (including but not limited to copyright laws), and
8. by using the SERVICE, nMile, LLC has the right to place a link to OUR WEBSITE on your site, and
9. if you have an account with nMile, LLC, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. WE retain the right, at OUR sole discretion, to deny access to anyone to THIS WEBSITE and the SERVICES WE offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Payments, Refunds, Plans, and Plan Modifications

A valid credit card is required to use the SERVICE.

You will be billed yearly for SERVICES. The SERVICE is a subscription. Subscriptions are not prorated, and are billed in advance. You will be automatically billed yearly unless you cancel your Service. By using this Service, you agree that your credit card will be charged every year on the billing date for the amount agreed to.

Refunds may be issued only before any work has begun within the first thirty (30) days of SERVICE. If any services have been rendered including but not limited to website updates, hosting setup, domain setup, or website setup, no refunds will be issued. Once any service has been completed, no refunds shall be given. 

When upgrading your plan, you will be billed on a prorated basis for the remainder of your billing cycle. SERVICES are also prorated for the remainder of your billing cycle. At the start of the next billing cycle, you will be billed at the new (upgraded) plan rate.

When downgrading your plan, your plan will be downgraded effective at the start of your net billing cycle. Downgrading is not prorated.

After upgrading your plan, you may not downgrade your plan until the start of your next billing cycle.

When canceling your plan, your plan will be cancelled effective at the end of the current billing cycle. Cancellations are not prorated
.

Unlimited updates

"Unlimited Updates" are defined as small changes to your website that take less than 20 minutes including the time it takes to connect to your website. Larger updates may not be broken down into smaller chunks in order to be counted as a small change. Updates not included in the "Unlimited Updates" portion of the SERVICE include any update that takes longer than 20 minutes, large changes to your website, SEO services, content/mage/video creation, moderating comments, or changes to the server configuration. Updates are scheduled as single requests are received via a rotation (i.e. Customer 1 sends in two requests for updates, Customer 2 and 3 both send in one request for an update all on the same day. The order of updates will occur as follows: Customer 1, Customer 2, Customer 3, Customer 1).

Cancellation and Termination of the Service

nMile, LLC has the right to suspend or terminate your account and refuse any and all current or future use of the SERVICE, or any other SERVICE, for any reason at any time.

You are solely responsible for canceling your account. If you cancel the SERVICE before the end of the billing cycle, your SERVICE will continue until the end of the billing cycle and you will not be charged again. You are free to cancel your account at any time.

Once SERVICE is terminated, you will have 24 hours after the end of the billing cycle to back up your content or move it away from our servers. You are responsible for your own content. WE will not transfer your website from our servers to another web host or content management company. After 24 hours after the end of the billing cycle, your website and any related content may be removed from OUR servers.

You may repurchase or reactivate our SERVICE at any time and we will set up a new website for you.

Changes to Services and Prices

WE reserve the right at any time to modify or discontinue, temporarily or permanently, the SERVICE (or any part thereof) with or without notice. Prices of all SERVICES, including but not limited to yearly subscription plan fees to the SERVICE, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to OUR WEBSITE and/or emailing you.

Right to Refuse Service

WE reserve the right to refuse to do business with you. WE have the right to terminate your SERVICES and give you any applicable refunds, at any time and for any reason.

WE reserve the right to refuse OUR SERVICES. This may occur if WE determine that your web site, product, and/or needs require an extraordinary amount of effort on OUR part.

WE will try to negotiate a more suitable compensation arrangement before WE terminate OUR relationship and SERVICES.

Operating Hours and Vacation Policies

OUR standard operating hours are from 10am-4pm (CST), Monday through Friday.

OUR staff may, on occasion, attend company-wide vacations or outings. During this time, OUR offices may be closed. 

Professional Services

WE reserve the right to refuse PROFESSIONAL SERVICES at any time.

For all SERVICES, including PROFESSIONAL SERVICES, WE reserve the right to construct your website on any technology stack and software platform WE deem appropriate. If WE believe this will not benefit you, WE will discuss it with you accordingly.

Non-payment for hourly or project based work

In the event that you agree to have nMile, LLC perform project or hourly based work on your website, and then fail to pay for completed work within fourteen (14) days of completion, WE reserve the right to disable your site until payment is rendered in full.


© 2016 nMile, LLC