ENTERING THIS WEBSITE WILL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT OR CANNOT AGREE TO THESE TERMS, THEN YOU ARE NOT PERMITTED TO ENTER OR OTHERWISE USE THIS WEBSITE. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY AND TO COMPLY WITH THESE TERMS.

About the Website and Products

General

The website – www.railthemes.com (the "Website") is owned by Eliza Brock Software, an Indiana LLC (the "We", "we", "Our", "our", or "Company"). Your access or use of this Website or its content, service, materials, information or systems, and/or purchase of its Products or Updates are subject to these terms and conditions ("Terms"). We reserve the right to revise these Terms from time to time without notice or liability. As such, you should check these Terms periodically. If you violate any of these Terms you will have your access cancelled and you may be permanently banned from accessing, viewing, browsing and using the Website. Your accessing, viewing, browsing and/or using the Website after we post changes to these Terms constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them.

Website Description

We operate the Website as a site where certain products and associated updates, including, but not limited to, Ruby on Rails site themes ("Themes") and Photoshop design files ("Photoshop Files" and, together with Themes, each individually a "Product" or, collectively, the "Products") are advertised as well as offered for sale by the Company to the general public. We, in our sole discretion, reserve the right to alter, modify, change, suspend or terminate the Website without prior notice or liability to you. The Company does not guarantee the quality or condition of the Products or Updates (as defined herein below) advertised for sale on the Website.

Purchase of Products and/or Updates; Payment Process

All Products and/or Updates (as defined below) purchased by you on the Website ("Purchased Products") shall be paid by you in accordance with the payment policies and acceptable forms of payment in place at the time of purchase. If your payment is rejected, refunded, or otherwise not successfully transferred to the Company, your purchase shall be cancelled and no license shall be granted hereunder. We are required to collect the full cost of your purchase, including all taxes (as applicable) at the time you purchase your Product(s) and/or Update(s). Within a reasonable time after your purchase is confirmed, an e-mail containing your download key and detailed download and installation instructions shall be sent to the e-mail address you have provided to the Company (your "E-mail"). All Products and/or Updates shall be delivered digitally and it is your responsibility to provide the Company with a valid E-mail address. If you have not received an e-mail from the Company within 2. hours of your purchase, please e-mail the Company at billing@railthemes.com. All downloads are tracked by IP address and order identification. If a violation of these Terms or abuse is suspected, due to an inordinate number of downloads and/or installs or otherwise, access to additional downloads may be disabled indefinitely at the Company’s sole discretion.

Updates to Products

The Company may, but is under no obligation to, create, obtain, or otherwise make available updates to existing Products from time to time (each individually an "Update" and, collectively, "Updates"). At the Company’s sole discretion, it may make these Updates available to customers for purchase or otherwise. In the event a customer receives an Update, any changes in licensing in effect at the time of Update shall then apply to the Product and any Updates incorporated therein as a whole.

Availability of Products and/or Updates

The Company does not guarantee the continued availability of any Product and/or Update for sale or download. It is your responsibility to download any Purchased Product within a reasonable time after purchase, and all cancellations and refunds shall be governed by these Terms.

Licenses

When you purchase a Themes Product, you will receive a limited, revocable, non-exclusive, non-transferable, royalty-free, worldwide license to use such Themes Product for a single website. The use of the Themes Product on more than one website without a second purchase constitutes a violation of these Terms. If you wish to use the Themes Product on multiple websites, you must purchase the Themes Product respectively for each website. The license to use the Themes Product for a single website project may be used for your project or for a client project. Should the Themes product be used for the client project, you shall have the right to sublicense the Themes Product to the client solely for the client’s own personal use for the single website on which you worked for the client.

When your purchase a Photoshop Files Product, you will receive a limited, revocable, non-exclusive, non-transferable, royalty-free, worldwide license to use such Photoshop Files Product for a single website project. You acknowledge that the Photoshop Files Products bear copyrights, patents, trademarks, trade-dress, or other proprietary rights separate and distinct from those rights in Themes. The Photoshop Files may not be redistributed in any way.

For all licenses, the licensing terms in effect at the time of download of a Purchased Product are the licensing terms that shall apply to that Purchased Product unless and until an Update is downloaded, at which time the licensing terms in effect at the time of such Update download shall apply to the Purchased Product. Otherwise, changes in licensing terms that may occur from time to timeare not retroactive.

Ruby on Rails Compatibility

Our Themes (and Themes installer) are based upon Rails version 3.1 and above. We currently test our Themes and Themes installer against the gems and versions listed immediately below. All Products are designed to be compatible with the latest available version of Ruby on Rails subject to the express disclaimers provided herein, but we EXPRESSLY DISCLAIM ANY GUARANTY that older Themes will run with future versions of Ruby on Rails.

Supported Ruby on Rail Versions and Gems

Our themes are designed for:

The theme installer is compatible with:

Browser Compatibility

We make a reasonable effort to ensure support of all major current-generation browsers and to provide screenshots of what the Themes look like in the most common browser configurations, but we EXPRESSLY DISCLAIM ANY GUARANTY that the Products offered on this Website will be supported by any browsers.

Supported Browser/OS Combinations

We test in the following browsers:

* Some themes (as noted in their descriptions) do not have responsive/mobile versions.

General Compatibility Issues

If you discover an issue with compatibility, please contact us directly at support@railthemes.com.

Support

We offer support via email at support@railthemes.com.

Cancellations and Refunds

Once a Purchased Product has been downloaded or installed, no orders shall be cancelled and no fees shall be refunded. If you have made a purchase, but have not downloaded the Purchased Product, you may request a refund no later than 30 days after the order was placed and your order shall be cancelled and fees refunded less a $5 administrative fee charge. If you have a problem with your download or installation, please e-mail the Company at support@railthemes.com and we will work with you to resolve the problem. The Company may, at its sole discretion, choose to cancel your order and refund your fees if the download or installation issues cannot be resolved.

About You

Your Information

You agree that all of the information provided in your registration is true, correct, accurate, and complete in all respects. Information sought in the registration process includes, but is not limited to, your legal name, address, phone number, fax number, E-mail address, and other personal and business information as may be required. You agree to promptly notify the Company should your information change or otherwise needs to be updated or deleted in order to more accurately reflect your information. You understand that your failure to provide accurate and complete information may result in actions taken against you, including without limitation, the immediate suspension or termination of your access and further use of the Website.

User Caution

You should exercise caution and discretion while browsing the Website and the internet. Hyperlinks on the Website, if any, may not be under the control of the Company, and we do not make any representations or warranties concerning any such websites which you may access via a hyperlink from the Website. Accordingly, we are not responsible for the accuracy, copyright compliance, legality, legitimacy or decency of any material contained in such other websites which may be accessible via a hyperlink to or from the Website or for the hyperlink itself. We are or may provide these hyperlinks to you only as a convenience and the inclusion of any hyperlink on the Website is not and should not imply any endorsement by us of such linked websites, the owners of such websites, or the products or services described on such websites.

User Responsibilities

You assume the responsibility to take adequate precautions against damages to your systems or operations which could be caused by defects or deficiencies in the Website, Products, Updates, any content therein, service, system, databases or material, or parts thereof. You acknowledge that electronic communications and databases are subject to errors, tampering and break-ins and that while the Company will implement reasonable security precautions to attempt to prevent such occurrences, the Company does not guarantee or warrant that such events will not take place. You are responsible for ensuring that any access made by or for you to this Website does not contain any viruses or other computer software code or routing designed to disable, erase, impair or otherwise damage the Website or any system, software or database of the Company or any other user of the Website. You hereby agree to indemnify and hold the Company harmless from any liability, claim cost or damage arising out of your use of the Website or any claim or suit by any such user caused by such virus or code or subroutine.

Your Obligations and Conduct

You may not download (other than page caching) or modify the Website or any portion of it without our express, prior written consent, including without limitation: a prohibition on any resale of the Website, Products, or Updates (or other material); any collection and use of any Product or Update listings, descriptions, or prices; any derivative use or making adaptations of the Website or Products or Updates; any downloading or copying of account information for the benefit of another; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent.

Termination of Usage

We reserve the right, in our sole discretion, to review your status and compliance with the Terms hereof, to suspend or terminate any your use of the Website or your access to all or part of the Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms (including your user information) or is otherwise harmful to the interests of other users or us.

Usage By Those Under the Age of Majority

This Website is intended to be used by persons having obtained the age of majority, as provided for by applicable law, and is not intended for or directed to persons who are under the age of majority. We cannot prohibit those under the age of majority from accessing, viewing, browsing, visiting or using the Website, we must rely on parents, guardians and those responsible for supervising such minors to decide which materials are appropriate for viewing and/or purchasing. By registering with this Website, purchasing Products or Updates from us or providing us with any information, you represent to us that you are of majority age and legally permitted to enter into a binding contract or, if you are under the age of majority, you have the express permission from your parent or guardian and that any information you provide to us is accurate and true in all respects.

Use of Website

Whenever you use this Website, you are warranting to the Company that you have the legal capacity and authority to enter into this Agreement and that you will use this Website in accordance with all Terms herein as set forth in this Website.

About Privacy

Privacy Policy & Data Collection

We collect certain information both as part of site analytics and the Product and Update purchase process.

The following describes how we will use that information:

About Additional Terms and Conditions

Disclaimer of Liability

We do not guarantee, represent, or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from this Website, nor the quality of any Products, Updates, information or other materials or services displayed, obtained or purchased by you as a result of your use of this Website. You hereby acknowledge that any reliance upon any information or materials shall be at your sole risk.

ALL PRODUCTS, UPDATES, INSTALLERS, INFORMATION OR CONTENT ON OR OBTAINED THROUGH THIS WEBSITE ARE PROVIDED “AS IS”, “WHERE IS” “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ANY AND ALL OTHER WARRANTIES RELATING THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST INTERFERENCE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY PRODUCTS, UPDATES, INFORMATION, CONTENT OR OTHER MATERIAL WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS IN THE WEBSITE WILL BE OR CAN BE CORRECTED. IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU) WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS WEBSITE, IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR, OR THE CONTENT CONTAINED THEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, PRODUCTS, UPDATES, OR CONTENT IS TO CEASE ALL OF YOUR USE OF THE WEBSITE.

Indemnity

You agree to indemnify and hold the Company its parents, owners, members, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, managers, members, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Website, Products, and/or Updates, or (ii) your violation of the Terms. The Company reserves 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 with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Electronic Communication

You consent to receive notices, documents, disclosures and other communications (“Communications”) from the Company in an electronic format to your E-mail, and agree that Communications provided to you by the Company electronically satisfy any legal requirement that such Communications would satisfy if they were in writing. Your consent to receive Communications from the Company to your E-mail and the Company’s agreement to do so applies to all of your transactions and interactions with the Company. If you do not want to consent to receive Communications from the Company electronically or if you withdraw such consent, then you must stop using the Website. The withdraw of your consent will not affect the legal validity or enforceability of any of the obligations or any electronic Communications provided or business transacted between the Company and you prior to the time you withdraw your consent.

Governing Law

Your use of this Website, the purchase of Products and/or Updates, or other materials, and any and all other matters between the Company and you related hereto, shall be governed by applicable United States federal law and the laws of the State of Tennessee, without regard to the conflict-of-laws rules. You hereby agree to waive any right to a jury trial in any suit arising out of or relating to this Website, the Products, Updates, or other material. Any suit or proceeding arising out of or relating hereto must be commenced within one (1. year from the date the right, claim, demand or cause of action being asserted first came into being. Venue for all disputes arising out of or relating to the Terms shall be exclusively in the state and federal courts situated in Davidson County, Tennessee. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

Severability and Reformation

If any part or parts of the Terms are held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provisions and the remaining parts will continue to be valid and enforceable.

Waiver

If the Company does not exercise or enforce any legal right or remedy which is contained in this Agreement, or which the Company has the benefit of under applicable law, that shall not act as a formal waiver and those rights shall still be available to the Company.

Survival of Terms

Any provisions or obligations contained in the Terms which by their nature or effect are required or intended to be observed, kept or performed after termination of the Terms shall survive the termination of the Terms and remain binding upon and for the benefit of the parties, their successors and permitted assignees.

Assignment

You may not assign this agreement without our express, written consent, which may be withheld for any reason or no reason.

Entire Agreement

The Terms contain the entire agreement between you and the Company regarding the use of the Website, and supersede any prior agreement between you and the Company on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

Infringement

Our policy is to be compliant with all intellectual property laws. It is our policy to block or remove Products, Updates, or such other material from the Website in violation of such laws and if necessary, disable access to any such infringing material. In accordance with the Digital Millennium Copyright Act, as amended, we are not liable for any infringement of any third party property rights resulting from the placement or transmission on or through the Website of any content by independent third parties. If you believe that your rights under intellectual property laws are being violated by any Products, Updates, and/or content placed or transmitted on or through the Website, please contact us promptly so that we may investigate the nature of your claim. In order for us to investigate your claim of infringement, you must provide us, in writing, with the following information:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.
  4. Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner.

The foregoing information must be sent to:

By mail:

Eliza Brock Software

110 30th Ave N. Suite 5

Nashville, TN 37203

By phone:

(615) 669-4352

By e-mail:

support@railsthemes.com

IF YOU DO NOT OR CANNOT AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT, PLEASE EXIT THE WEBSITE AND DO NOT PURCHASE ANY PRODUCTS AND/OR UPDATES.