Terms of Service
WINDING STAIRCASE TERMS OF SERVICE
Winding Staircase LLC (“Winding Staircase”) offers certain marketing, consulting and website management services, on a monthly basis, (the “Services”). Anyone wishing to engage those Services must execute a separate service agreement. Winding Staircase reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service (“Terms”) at any time.
Terms of Service. You will be charged for each month you subscribe to the Services until you terminate your account. You are personally liable for any orders that you place or charges that you incur prior to termination. You may terminate your account at any time by sending written notice of termination to:
Account Services, Winding Staircase LLC, 2901 Burke Road, Bethel, Ohio 45106.
If you terminate your account in the middle of a month, you will be billed, on a pro-rata basis, for your total use during that month and will not be billed for a subsequent month unless you re-initiate the account. You agree to pay all applicable fees in effect when the charges were incurred. You authorize Winding Staircase to automatically bill all charges to your credit card account as disclosed to us in your service agreement or otherwise. We may discontinue your Services without notice if your charge card is refused for any reason, if you fail to any make payment when due, or fail to provide us with new charge card details or a new expiration date before the existing date expires. We may change the fees and charges in effect, or add new fees and charges, by giving you notice in advance.
Ownership of Service Content and Materials. All content and materials (“Content”) created by Winding Staircase pursuant to any service agreement shall be owned exclusively by Winding Staircase and such Content shall not be deemed works made for hire under applicable copyright laws, or if such works are deemed works made for hire under applicable copyright laws, you hereby assign to Winding Staircase all right, title and interest in such Content, including the copyrights therein.
Limited Liability. To the maximum extent permitted by law, the liability of Winding Staircase, its owners, officers, members, managers, employees, agents and representatives arising out of or relating to the Services shall be limited to the sum of $100.00 or the total Service fee, whichever is greater. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. In no event shall Winding Staircase be liable for any consequential, incidental, special, indirect, punitive or exemplary damages, or for any lost profits, lost revenue, goodwill, business interruption, or loss of data arising out of or relating to the Services, even if advised of the possibility of such damages or loss and whether or not such damages or loss were foreseeable.
Disclaimer of Warranties. AS TO ALL SERVICES, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY WINDING STAIRCASE.
Governing Law. These Terms shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Ohio, U.S.A., without regard to its conflicts of law provisions.
Binding Arbitration is Exclusive Remedy. The exclusive legal remedy for any controversies or claims arising under or relating to the Services shall be a binding arbitration conducted by the American Arbitration Association according its Commercial Arbitration Rules. Any such arbitration shall be conducted in Clermont County, Ohio, before a panel of three arbitrators selected in accordance with those Rules. The arbitrators shall apply Ohio law, without regard to its choice of law principles. Any award, order or judgment made by the arbitrators is final and binding on the parties, and may be entered and enforced in any court of competent jurisdiction.