Last Updated: September 11, 2024
Overview
The following bullet points provide a short summary of the Terms of Use in simple language. This is not a complete summary of the Terms of Use. Please read the entire Terms of Use carefully and feel free to contact us if you have any questions.
Terms of Use
This document ("Terms of Use") governs all services provided by Making That Website (“we” or “us” or “Making That Website”) through the MakingThatWebsite.com (“Website”), and all content, services, and products available at or through the Website. These Terms of Use are very important and explain the relationship between us and users of the site (“Users” or “you”).
Definitions
"Agreement" means all of the terms, conditions, and notices contained or referenced in the Terms of Use and all other Making That Website rules and policies (including but not limited to our Privacy Policy) and procedures that may be published on the Website.
"Content" means any content featured or displayed throughout the Website, including but not limited to text, documents, information, data, articles, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Website.
"Service" means all of the services provided by Making That Website, including but not limited to all Content, services, and products available through the Website. Making That Website is not a website development advisor, and all forms of website development advice or services are explicitly excluded from the Service.
"User," “you” and “your” refer to the person, company, or organization that has visited or is using our Website and/or our Service.
About Our Service
Making That Website provides an online information platform that allows for the comparison of website builders. Our role is limited to providing informational resources. Making That Website is not offering website development services and does not offer any website development advice, opinions, recommendations, referrals, or counseling. Making That Website maintains the Website for your personal information, entertainment, and enjoyment. Please feel free to browse and use the site. At the same time, please remember that your access to the Website is subject to these Terms of Use as well as applicable laws. By accessing and using the Website you accept the Terms of Use without limitation or qualification and acknowledge that any other agreements you may have with Making That Website are superseded by the Terms of Use, to the extent that any conflicts exist.
Information On This Website
Information, including all facts, data, and other information (“Information”) on the Website, is of a general nature, is intended only for informational purposes, is subject to change without notice, and is not intended to be relied on by Users as advice on any particular matter.
Making That Website makes no guarantees, representations, or warranties, whether express or implied, with respect to the Information.
Making That Website Is Not a Website Development Advisor and Does Not Provide Website Development Services
Through articles, opinions, and other content on the Website, Making That Website may provide general information about website development. All such information is general in nature. Making That Website makes no direct assessment of your website development issues, needs, or requirements.
Release and Indemnification
By using the Website and/or Service, you agree that your legal remedies are limited to claims against third parties who caused you harm.
You agree to indemnify and hold harmless Making That Website from and against any and all claims and expenses, including lawyers’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement.
Users Must be at least 18 Years of Age
The Website is not intended for anyone under the age of 18 and no person under the age of 18 may use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 18 years old.
Compliance with Laws
You represent and warrant that: (i) you have the authority to bind yourself to the Agreement; (ii) your use of the Service will be solely for purposes that are permitted by this Agreement; (iii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of the Service will comply with local, provincial, and federal laws, rules, and regulations, and with all other Making That Website policies.
User Conduct
You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or network, or interfere with any other party’s use and enjoyment of the Website or the Service. You may not attempt to gain unauthorized access to the Service or computer systems or networks through hacking, password mining, or any other means. In addition to our rights pursuant to this Agreement, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce this Agreement.
Prohibited Content
You agree that you will not under any circumstances use the Website in any manner that is unlawful or promotes unlawful activities; defames, harasses, abuses, threatens, or incites violence toward any individual or group; is pornographic, discriminatory, or otherwise victimizes or intimidates any individual group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights; impersonates any person or entity, including any of our employees or representatives; or violates the privacy of any third party.
Making That Website May Monitor Interactions
At our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service and Website. Further information is available in our Privacy Policy.
Third Party Content
There may be content from third parties on the Website. We are not responsible for that content, nor do we endorse such content, unless otherwise clearly stated.
This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any third-party content except as permitted by the Terms of Use.
Intellectual Property
Making That Website respects others’ intellectual property rights and asks our Users to do the same.
Making That Website retains ownership of all intellectual property rights of any kind related to the Website and Service, including applicable copyrights, patents, trademarks, and other proprietary rights. Other trademarks, service marks, graphics, and logos used in connection with the Website and the Service may be the trademarks of third parties. The Agreement does not transfer from us to you any Making That Website or third-party intellectual property, and all right, title, and interest in and to such property will remain solely with us or with such third party, respectively. We reserve all rights that are not expressly granted to you under this Agreement.
Making That Website and all other identifying marks, proprietary marks, or trademarks that appear, are displayed, or are used on the Website or as part of the Service are registered or common law trademarks or service marks of Making That Website. These marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Making That Website.
Issues or Concerns
If you believe any Content on or accessible from the Website is false, misleading, or defamatory, or infringes your intellectual property rights, you may request removal of such Content or its access from the Website by submitting an a Form and providing the following information:
The Website will then take steps to consider your issue or concern and to correct or remove any false, misleading, or defamatory Content, or to remove any Content which infringes your intellectual property rights, subject to the Dispute Resolution section of these Terms of Use, and will contact you if further information is required and/or to inform you that the Content has been removed.
Submissions
Apart from your personal information (which is addressed in the Privacy Policy), any communication or material you send to the Website, including but not limited to data, questions, comments, suggestions, or submissions is and will be treated as non-confidential and non-proprietary. Anything you send to the Website may be used by Making That Website for any purpose, including but not limited to, reproduction, transmission, disclosure, publication, broadcast, and posting. By submitting material to the Website, you irrevocably transfer and assign to Making That Website, and forever waive and agree never to assert any copyrights, "moral" rights, or other rights that you may have in such material. Making That Website is free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to the Website for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services.
Email Communications
We use email and electronic means to respond to our Users.
For contractual purposes, you (i) consent to receive communications from Making That Website in an electronic form via the email address you have submitted in a Contact, or Issues or Concerns form; and (ii) agree that the Agreements, including all Terms of Use, agreements, notices, disclosures, and other communications that Making That Website provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
Termination
You may cancel this Agreement at any time. If you wish to terminate this Agreement, you may simply discontinue using Making That Website.
Disclaimer of Warranties
Making That Website provides the Website, the Content, and the Service "as is," without warranty of any kind. We make no express or implied warranties or guarantees about the Service. To the maximum extent permitted by law, Making That Website expressly disclaims all warranties, whether express, implied, or statutory, with respect to the Website and the Service including, without limitation, any warranties of merchantability, of satisfactory quality, fitness for a particular purpose, title, security, accuracy, and non-infringement.
Making That Website makes no representation or warranty that the information we provide or that is provided through the Service is effective, accurate, reliable, or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, that the Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, Content, or other material obtained from the Service.
Limitation of Liability
We will not be liable for damages or losses arising from your use of the Service or arising under this Agreement. To the maximum extent permitted by applicable law, in no event will Making That Website be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however arising, that result from (i) your use or inability to use the Service; (ii) the Service generally or the software or systems that make the Service available; or (iii) any other interactions with Making That Website or any other User of the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Making That Website has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. Making That Website will have no liability for any failure or delay due to matters beyond our reasonable control.
Dispute Resolution
Any disputes that arise in connection with this Agreement or any Issues or Concerns regarding any of the Content on the Website shall first be attempted to be resolved privately between the User and the Website. Users shall submit their Issues or Concerns using the form provided. The Website shall take any reasonable steps required to address the Issues or Concerns in a timely manner.
Disputes that are not revolved privately by the User and the Website shall then be resolved by arbitration. Arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement between the disputing parties or, in default of such agreement, the arbitrator shall be appointed by a Judge of the Superior Court of Justice sitting in Toronto, upon the application of any of the parties and such judge shall be entitled to act as such arbitrator, if he or she so desires. Unless otherwise agreed to by the parties, the arbitration shall be held in the City of Toronto. The procedure to be followed shall be agreed to by the parties or, in default of such agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991 (Ontario). The arbitrator shall have the power to proceed with the arbitration and to deliver his or her award notwithstanding the default by any party in respect of any procedural order made by the arbitrator. The decision arrived at by the arbitrator shall be final and binding without any appeal. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Modification of Terms of Use
Making That Website reserves the right, at our sole discretion, to amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments.
Upon any changes in these Terms of Use, we will post the amended agreement on the Website. Your continued use of the Website and/or the Service following such notification shall constitute your affirmative acknowledgement of the Terms of Use, the modification and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following receipt of notification of any modifications made hereto, then please do not use the Website.
Governing Law
These Terms of Use and any access to or use of the Website or the Service shall be governed by, and construed in accordance with, the laws of the Province of Ontario. You and Making That Website agree to submit to the exclusive jurisdiction and venue of the courts located in the City of Toronto, Province of Ontario.
Severability
If any portion or provision of this Agreement shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of this Agreement, or the application of such portion of provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
No Assignment
Making That Website may assign or delegate this Agreement, including these Terms of Use and/or the Making That Website Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under this Agreement, including the Terms of Use or Privacy Policy, without Making That Website’s prior written consent, and any unauthorized assignment and delegation by you is void.
Headings and Summaries
The headings, captions, and summaries in this Agreement are for convenience only and in no way define or describe the scope or content of any provision of this Agreement.
Entire Agreement
This Agreement, in combination with all policies and guidelines of the Website (including but not limited to the Privacy Policy), incorporated by reference, constitute the entire agreement between you and Making That Website and supersede all prior communications, agreements, and understandings, written or oral, with respect to the subject matter of this Agreement.
By using the Making That Website Website, you acknowledge that you have read and understand these Terms of Use and will be bound by these Terms of Use.