Terms of Service
Please read carefully. These terms of service, along with our Privacy Policy, govern your use of of this website and related services. Read the Terms & Conditions as well as the Privacy Policy, providing consent to both before using our services.
What We Offer
Symple Workz LLC (dba WPExplorer) is the exclusive owner and developer of the official Total WordPress Theme and provides ongoing support and updates for the Product. Total is available for purchase through authorized sales channels, including our official website and third-party marketplaces such as Envato Marketplace. Pricing, transactions, fees, refunds, licenses, and user accounts are managed by the applicable sales platform.
Disclaimer
This Site, Services, Products and information relating to totalwptheme.com, its agents, and its affiliates are provided as is and on an “as available” basis without warranty, either express or implied. Use of this Site, Services, Products and information on this site is at your own risk. In no event will totalwptheme.com or Symple Workz LLC (dba WPExplorer) be liable for any damages whatsoever arising from or in connection with the use or performance of the Site, Services, Products and information relating to totalwptheme.com.
Services
By purchasing a license for our Products, you are granted a revocable, non-exclusive, non-transferable license to use the Product on your own website or on websites of your customers, subject to the terms and limitations of the license purchased. Licenses purchased directly from us are issued and managed by us. Licenses purchased through third-party marketplaces, such as Envato, are issued and managed according to the marketplace’s licensing system. A valid license provides access to Product features, including support, automatic updates, and other benefits related to the Product.
Support as a Service is provided through this Site for verified buyers with an active support license for the official Total WordPress Theme. When you purchase a license for the Total WordPress Theme directly from us, your purchase includes 12 months of ticketed support. Support can be renewed on an annual basis after the initial support period expires. Licenses purchased through Envato include 6 months of support and are subject to Envato’s support policy.
Support covers questions, usage, functionality issues, or feature requests related to the Product or bundled third party plugins. Support does not include assistance with Product installation, customizations, hosting/servers, use of or troubleshooting for third party plugins not bundled with the Product. Abuse the support Service can lead account suspension per Envato’s support terms.
Registration
When registering our support Service, you must verify your identification by creating an account (verifying through email). We may send you messages to confirm you account or to provide support as a Service using the email address that you provide.
If registering on behalf of an organization, you agree that you are authorized by that organization to bind it to this Agreement and that you and the organization will both be liable for any breaches hereof.
You are solely responsible for actions performed on this Site with your credentials. This includes but is not limited to the responsibility to keep your username and password safe.
Termination
We may terminate these Terms and/or suspend your right to access or use this Site, Services, Products and information at our sole discretion without notice. This includes the right to receive support and update services, our consent for use of our intellectual property, or any other permission granted to you under this Agreement.
We shall not be liable for any damage caused to you or any third-party as a result of terminating these Terms or by suspending or otherwise limiting your use of the Services.
Ownership
The Site, Services, and Products are protected by copyrights, trademarks, patents, trade secrets, database rights and other intellectual or proprietary rights in or to the Services and Content pursuant to U.S. and international laws.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute or in any way exploit, any of the content of this Site, Services, or Products in whole or in part.
Trademarks
“Total”, “Total WordPress Theme”, “WPExplorer” are used by us, Symple Workz LLC (dba WPExplorer), to uniquely identify our Products, Site, Services, and general business.
We own all the trademarks, logos, service marks and trade names on totalwptheme.com (unless otherwise stated and excluding these things owned by others). You agree not to copy, distribute, modify or make derivative works of any of our Site, Services, Products or content, or to use any of our intellectual property in any way not expressly stated in these terms. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing business.
Governing Law
Any dispute regarding Symple Workz LLC (dba WPExplorer) or these Terms of Services shall be governed in accordance with the laws of the state of Nevada, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts of Clark County, Nevada.
Enforceability
These Terms are the entire agreement between you and us regarding the subject matter herein. If any provision of these Terms is found to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause unenforceability of the remainder of the Terms.
Our failure to enforce any portion(s) of the Agreement or applicable law shall not be deemed a waiver of subsequent enforcement of rights or actions in the future.
You are not entitled to assign assign your rights, obligations or otherwise transfer the Terms to a third party without our prior written consent. Unauthorized assignment will be void of effect. We may assign these Terms at our sole discretion.
No Class-Action
You undertake not to engage in any class-action against the company and solely to claim your losses personally.
Updates to Services/Terms
We reserve the right to change any information, specifications, features or functions of the Site, Services, Products or these Terms and Conditions at any time.