Terms of Service

  • LAST UPDATED —

1. Acceptance of These Terms

These Terms of Service (“Terms”) are a binding agreement between you and Symple Workz, LLC, a Nevada limited liability company (“we,” “us,” or “our”), governing your access to and use of totalwptheme.com.

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.

These Terms govern the Site only. They do not grant you any license to our software products and do not govern your use of them. Rights in our products are granted separately, by the license that accompanies your purchase.

2. Definitions

  • “Site” “ means the website at totalwptheme.com. These Terms cover that domain only. They do not extend to any other website, subdomain, application, or online service operated by us or any affiliated party, including any support portal, customer account area, community forum, or marketplace listing.
  • “Documentation” means the Total Docs and Total CSS framework documentation, together with any tutorials, code samples, changelogs, knowledge base articles, and other instructional material published on the Site.
  • “Products” means the Total WordPress theme and any related plugins or extensions we distribute. Products are referenced in these Terms for context only and are licensed separately.

3. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, and legally capable of entering into a binding contract. If you use the Site on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

4. Permitted Use of the Site

You may access and view the Site and Documentation for your own personal or internal business purposes. You may not:

  • Copy, scrape, mirror, republish, or redistribute the Site or the Documentation in whole or in substantial part, except as permitted in Section 6.1;
  • Use automated systems to access the Site in a manner that sends more requests than a human could reasonably produce, or that degrades Site performance;
  • Attempt to gain unauthorized access to any part of the Site, its servers, or related infrastructure;
  • Circumvent, disable, or interfere with security features or access restrictions;
  • Use the Site to transmit malware, or for any unlawful, fraudulent, or infringing purpose;
  • Remove, obscure, or alter any copyright or other proprietary notice.

5. Ownership of Site Content

All content on the Site — including text, Documentation, graphics, screenshots, layout, and design — is owned by us or our licensors and is protected by copyright and other intellectual property laws. Except as expressly permitted in Section 6.1, no rights in that content are granted to you.

6. Documentation and Code Samples

6.1 Use of Code Samples

Code samples, snippets, and configuration examples published in the Documentation are provided so that you can implement them in your own projects. You may copy, modify, and use those samples in your own websites and client work, with or without attribution, at no cost.

This permission covers the code samples themselves. It does not extend to the surrounding explanatory text, screenshots, or the organization and structure of the Documentation, which remain subject to Section 5.

6.2 No Guarantee of Results

The Documentation is provided for informational purposes only. Software, hosting environments, WordPress core, and third-party plugins change over time, and Documentation may become outdated or may not apply to your particular configuration.

You are solely responsible for testing any code, configuration change, or instruction in a staging environment, and for maintaining current backups, before applying changes to a live site. We are not responsible for data loss, downtime, broken functionality, or any other damage arising from your use of the Documentation or code samples.

7. The Site Is Not a Point of Sale

The Site describes and promotes our Products, but Products are not sold through the Site. They are sold through third-party marketplaces, which act as the seller of record under their own terms.

Because we are not a party to those transactions, we cannot process refunds, cancellations, or billing changes for marketplace purchases. Those requests must be directed to the marketplace where the purchase was made.

8. Third-Party Software and Links

The Site links to and references third-party software, services, and websites — including WordPress core, hosting providers, page builders, and plugins. We do not control those third parties, do not endorse them merely by linking to or referencing them, and are not responsible for their content, availability, security, licensing, or practices. Your dealings with any third party are solely between you and that third party.

9. Availability and Changes to the Site

We may modify, suspend, or discontinue any part of the Site or the Documentation — including specific features, demos, or documentation pages — at any time and without notice. We do not guarantee that the Site will be available uninterrupted or error-free.

10. Disclaimer of Warranties

THE SITE AND THE DOCUMENTATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION OR ERROR, THAT THE DOCUMENTATION IS ACCURATE, COMPLETE, OR CURRENT, OR THAT ANY CODE SAMPLE WILL FUNCTION IN YOUR ENVIRONMENT.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Nothing in these Terms excludes any warranty or right that cannot lawfully be excluded.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THE DOCUMENTATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These limitations apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Symple Workz, LLC and its officers, members, employees, and contractors from any claim, demand, loss, liability, or expense (including reasonable attorneys’ fees) arising out of your use of the Site, your violation of these Terms, your violation of applicable law, or your infringement of any third party’s rights.

13. Termination

We may suspend or terminate your access to the Site at any time, with or without notice, if you breach these Terms or if we reasonably believe your conduct may cause harm to us or to other visitors.

Sections 5, 6.2, 10, 11, 12, 14, and 15 survive termination. Termination of your access to the Site does not affect any license you hold in a Product, which is governed by that Product’s own license terms.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Nevada, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in Clark County, Nevada, and you consent to the personal jurisdiction of those courts.

15. General Provisions

  • Changes to these Terms. We may update these Terms at any time. The “Last updated” date above reflects the most recent revision. Material changes will be posted on this page, and your continued use of the Site after changes take effect constitutes acceptance. If you do not agree, stop using the Site.
  • Severability. If any provision is held unenforceable, that provision will be modified to the minimum extent necessary, or severed, and the remaining provisions will remain in full force.
  • No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
  • Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
  • Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Site, and supersede any prior understandings on that subject. They do not supersede any Product license.
  • Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.

16. Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

17. Contact

Questions about these Terms may be sent to hello@wpexplorer.com.

Product support requests should be submitted through our support portal at my.totalwptheme.com rather than to the address above.