TERMS OF SERVICE

Effective date: Sat Oct 29 2022 15:01:12 GMT-0500 (Central Daylight Time)

The Gist

10xCSS LLC operates the 10xCSS service, which we hope you use. If you use it, please use it responsibly. If you don’t, we’ll have to terminate your account. There’s also a mandatory arbitration provision in Section 13. Furthermore, the Terms of Service and 10xCSS itself can change at any time.

If You don’t agree to these Terms, don’t use Our Services.

That’s the basic idea, but You must read through the entire Terms of Service below and agree with all the details before you use:

10xCSS.com
www.10xCSS.com
demo.10xCSS.com
app.10xCSS.com

Reuse

This document is an adaptation of the Wordpress Terms of Service modified with permission under the Creative Commons Sharealike license, and the Heroku Terms of Service, an adaptation of the Google App Engine Terms of Service modified with permission under the Creative Commons Attribution 3.0 License.

Neither Automattic, Heroku, Inc., or Google, Inc. is connected with, sponsors, or endorses 10xCSS or its use of the work.

You’re welcome to adapt and use this document for your own needs. If you make an improvement, we’d appreciate it if you would let us know so we can consider improving Our own document.

Terms of Service

Please read these Terms carefully before accessing or using 10xCSS Services.

Your use of the 10xCSS service is governed by this Agreement (the “Terms”). “10xCSS” means 10xCSS LLC. The “Service” means the services 10xCSS makes available include Our Sites (10xCSS.com, www.10xCSS.com, demo.10xCSS.com, and app.10xCSS.com), Our blog, Our API, and any other Software, Sites, and Services offered by 10xCSS in connection to any of those. “Customer Source Code” means any source code You submit to 10xCSS for the purpose of using the Service. “User Content” means all content generated by 10xCSS on Your behalf (including metric data) and does not include Customer Source Code.

By accessing or using any part of Our Services, You agree to be bound by all of the Terms and all other operating rules, policies, and procedures that 10xCSS may publish via the Services from time to time (collectively, the “Agreement”). You also agree 10xCSS may automatically change, update, or add on to Our Services, and this Agreement will apply to any changes. You may reject the changes by terminating Your account. You understand and agree that if You use the Service after the date on which the Terms have changed, 10xCSS will treat Your use as acceptance of the updated Terms.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if Your interactions would be subjected to such laws, You may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

1. Who’s Who

“You” (the “Customer”, “You”, or “Your”) means any individual or entity using Our Services. If You use Our Services on behalf of another person or entity, You represent and warrant that You’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using Our Services You’re accepting the Agreement on behalf of that person or entity, and that if You, or that person or entity, violates the Agreement, You and that person or entity agree to be responsible to us.

We refer to 10xCSS collectively as (“We” and “Our”) throughout these Terms.

2. Your Account

When using Our Services an account may be required. If an account is required, You must create the account yourself, and agree to provide us with complete and accurate information and to keep the information current so that We can communicate with You about Your account. We may need to send You emails about notable updates (like changes to Our Terms of Service or Privacy Policy), or to let You know about legal inquiries or complaints We receive about the ways You use Our Services so You can make informed choices in response. We also may limit Your access to the Services until We’re able to verify Your account information, like Your email address.

When You create a 10xCSS account, We consider that to be an inquiry about Our products and services, which means that we may contact You to share important information or marketing communications (all marketing is opt-in and not enabled by default).

We reserve the right to enforce quotas and usage limits (to any resources, including the API) at Our sole discretion, with or without notice, which may result in disabling or throttling Your usage of the Service for any amount of time.

You agree to not share or misuse credentials or otherwise access the Service in a manner intended to avoid incurring fees. If we believe Your account violates these terms we may suspend or terminate it without notice.

You’re solely responsible and liable for all activity under Your account. You’re also fully responsible for maintaining the security of Your account (which includes keeping Your password secure). We’re not liable for any acts or omissions by You, including any damages of any kind incurred as a result of Your acts or omissions.

Please notify us immediately of any unauthorized uses of Your account, store, or website, or of any other breach of security. If we believe Your account has been compromised, we may suspend or disable it.

If You’d like to learn about how We handle the data You provide us, please see Our privacy policy.

3. Minimum Age Requirements

Our Services are not directed to children. You’re not allowed to access or use Our Services if you’re under the age of 13 (or 16 in Europe). If You register as a user or otherwise use Our Services, You represent that you’re at least 13 (or 16 in Europe). You may use Our Services only if You can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where You live), You can only use Our Services under the supervision of a parent or legal guardian who agrees to the Agreement.

4. Use of the Service (Service Terms)

4.1. Use Restrictions

Except as otherwise expressly authorized in these Terms, You will not, and will ensure Your employees, contractors, and other persons associated with Your 10xCSS account do not, and will not encourage or assist third parties to: (1) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Services (except to the extent that such a restriction is impermissible under applicable law); (2) provide, sell, resell, transfer, sublicense, lend, distribute, rent, or otherwise allow others to access or use the Services; and (3) copy, modify, create derivative works of, or remove proprietary notices from the Services.

4.2 Ideas and Feedback

We welcome feedback, comments, and suggestions (“Feedback”). As We need to be able to freely work with Your Feedback to improve the Services, You hereby irrevocably transfer and assign all right, title, and interest (including all intellectual property rights, such as copyrights or trade secrets) in and to the Feedback, including any and all “moral rights” that You might have in such Feedback, and You hereby forever waive and agree never to assert any and all “moral rights” You may have in the Feedback. Additionally, 10xCSS will have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services, and related systems and technologies, and 10xCSS will be free to use such data and information to maintain, improve, and enhance 10xCSS’s products and services.

4.3 Reservation of Rights

As between the parties, 10xCSS owns all right, title, and interest in the Services, and You own all right, title, and interest in any application(s) and/or material(s) that are developed by You (“Customer Source Code”) on the Services or uploaded to the Services by You (“User Content”). Except as expressly set forth in these Terms, each party retains all right, title, and interest in and to its intellectual property rights. All rights not expressly granted are reserved, and no license, covenant, immunity, transfer, authorization, or other right will be implied, by reason of statute, estoppel, or otherwise, under these Terms.

4.4 Patent Assertion Entities

A “Patent Assertion Entity,” sometimes referred to as a ‘non-practicing entity’ or a ‘patent troll,’ is (1) any entity that derives or seeks to derive most of its revenue from the offensive assertion of patent rights, or (2) directly or indirectly controls, is controlled by, or is under common control with an entity described in (1). If You are a Patent Assertion Entity or are acting on behalf of, or for the benefit of a Patent Assertion Entity, You will not assert, or authorize, assist, encourage, or enable any third party to assert, any claim, or pursue any actions, suits, proceedings, or demands, against 10xCSS or its affiliates that allege that the Services infringe, misappropriate, or otherwise violate any intellectual property rights (including patents). This section will survive any termination or expiration of these Terms.

5. License from 10xCSS and Restrictions

10xCSS LLC gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to You as part of the Services from 10xCSS. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Service as provided by 10xCSS, in the manner permitted by the Terms.

License Exceptions

jurisdictions that are embargoed or designated as supporting terrorist activities by the United States Government, and jurisdictions whose laws do not permit engaging in business with 10xCSS or use of the Services

Open source

Open source software licenses for components of the Service released under an open source license constitute separate written Agreement(s). To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern Your Agreement with 10xCSS for the use of the components of the Service released under an open source license.

As We ask others to respect Our intellectual property rights, We respect the intellectual property rights of others. If You believe any User Content violates Your copyright, please send us a notice.

Copyright & DMCA notice email: [email protected]

7. Service Policies and Privacy

All 10xCSS Services are subject to Our privacy policy and You agree to the use of Your data in accordance with Our privacy policy.

8. Termination

We may terminate Your access to all or any part of Our Services, at Our sole discretion, at any time and without notice or liability to You.

Upon any termination, discontinuation, or cancellation of Services or your 10xCSS account, the following provisions of these Terms will survive:

9. Warranty Disclaimer

ALL 10xCSS LLC SITES AND SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR 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 SITE 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 SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE 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 SITE, (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 SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE 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 SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Indemnity

You agree to hold harmless and indemnify 10xCSS, and its subsidiaries, affiliates, and all 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 Contributions; (2) use of the Site; (3) breach of these Terms of Service; (4) any breach of Your representations and warranties set forth in these Terms of Service; (5) Your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom You connected via the Site. 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.

11. Limitation of Liability

IN NO EVENT WILL 10xCSS LLC 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 SITE, 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 THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. 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.

12. Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of Our Services will be governed by the laws of the state of Delaware, USA, excluding its conflict of law provisions. The proper venue for any Disputes arising out of or relating to the Agreement and any access to or use of Our Services that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in New Castle, Delaware USA.

13. Arbitration Agreement

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any Dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Minneapolis, Minnesota USA, in the English language and the arbitral decision may be enforced in any court. The arbitrator(s) shall award to the prevailing party, if any, costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If a party prevails on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. 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 shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

13.1 Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other proceeding; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) 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.

14. Corrections

There may be information on the Site 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 Site at any time, without prior notice.

The Terms constitute the whole legal Agreement between You and 10xCSS and govern Your use of the Service and completely replace any prior Agreement(s) between You and 10xCSS in relation to the Service.

You agree that if 10xCSS does not exercise or enforce any legal right or remedy which is contained in the Terms (or which 10xCSS has the benefit of under any applicable law), this will not be taken to be a formal waiver of 10xCSS’s rights and that those rights or remedies will still be available to 10xCSS.

10xCSS shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

10xCSS may assign its rights under the Agreement without condition. You may only assign Your rights under the Agreement with Our prior written consent.

16. Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

10xCSS LLC

[email protected]