What is this? Terms of Service (TOS) are the rules and regulations that specify guidelines for using our products and services. All use of our services is subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Purchase and use of products and services implies agreement with these terms! These terms and conditions supercede any and all other terms and conditions written, stored or implied in any form.
Questions? Any questions regarding this agreement should be submitted to the Help Desk prior to ordering our products and services at www.ContactUsHelpDesk.com
COMPANY. We are doing business as ShopkeeperUSA at the primary URL, www.shopkeeperusa.com on the Internet and other URLs as deemed appropriate. ShopkeeperUSA is hereinafter referred to as company. People and businesses who purchase company products and services are hereinafter referred to as client. An order commences after a purchase of products and services signified by a deposit made in agreement to our terms and conditions. Delivery shall also mean installed, uploaded, emailed, as applicable.
IMPORTANT INFORMATION
The ShopkeeperUSA.com Web Site (the "Site") is an online ecommerce product and information service provided by ShopkeeperUSA.com ("ShopkeeperUSA.com "), subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. SHOPKEEPERrUSA.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
A. GENERAL INFORMATION
Courtesy is a high priority with company. We understand the Internet can be confusing, complicated and frustrating. We do our best to advise and inform guests and clients, but it is the client's sole responsibility to know the workings of the Internet as well as the products and services ordered. We strive to communicate in a couteous and respectful manner at all times. We ask that client does the same.
Right of Refusal.
Company reserves the right to refuse service for cause without notice. Should company receive harsh, hostile, insulting, sarcastic, rude or discourteous language, support services may be discontinued and client asked to take their business elsewhere. Any and all monies for work performed will immediately become due and payable. No refunds will be paid under any circumstances.
Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are ShopkeeperUSA.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to ShopkeeperUSA.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by email to ShopkeeperUSA.com by all means and in any media now known or hereafter developed. You also grant to ShopkeeperUSA.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against ShopkeeperUSA.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to ShopkeeperUSA.com.
Trademarks.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of ShopkeeperUSA.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by ShopkeeperUSA.com, ShopkeeperUSA.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for ShopkeeperUSA.com - identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with ShopkeeperUSA.com
You also understand that ShopkeeperUSA.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. SHOPKEEPERUSA.COM PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND SHOPKEEPERUSA.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. ShopkeeperUSA.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. SHOPKEEPERUSA.COM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
B. SHOPKEEPER LICENSE
The user is granted one limited-use license pursuant to the following terms. Using licensed software without purchasing a valid license from the copyright owner is prohibited by United States and international copyright law.
A license agreement expresses the terms and conditions on which you may use software and its associated documenation collectively furnished by the copyright owners and authors jointly (generally referred to hereafter as 'author').
By using any licensed software product, the user and user's company are accepting and agreeing to the terms of the license agreement outlined herein. If the user is not willing to be bound by the agreement, do not use the software. Various copyrights and other intellectual property rights protect the software. This agreement is a license agreement that gives the user limited rights to use the software and not an agreement for sale or for transfer of title. The author retains all rights not expressly granted by the license agreement.
The author forbids, under any circumstances, the unauthorized reproduction of the software or use of illegally obtained software. Making illegal copies of the software is prohibited. Individuals who violate copyright law and software licensing agreements may be subject to criminal or civil action by the owner of the copyright.
1. LICENSE GRANT
Upon the terms and conditions of this agreement, the author grants a nonexclusive, nontransferable license to use the software on a computer server and only for purposes of operating an electronic commerce store on the Internet.
2. PROPERTY RIGHTS AND RESTRICTIONS
2.1 Ownership. The software and all modifications or enhancements to, or derivative works based on the software created by the author and all copyrights, trade secrets, trademarks and other intellectual property rights protecting or pertaining to any aspect of the software or any such modification, enhancement or derivative work are and shall remain the sole and exclusive property of the author. This agreement does not convey title or ownership to the user but instead gives the user only the limited rights set forth in this agreement.
2.2 Limited Rights. Pursuant to this agreement, the user may: a) use the software on one website only, for purposes of running one ecommerce store only. User cannot modify the software and/or merge it into another program; or transfer the software and license to another party. It is strictly prohibited under this agreement to transfer the software and license to any party without author's written permission. Except as expressly set forth in this agreement, the user has no right to use, make, sublicense, modify, transfer or copy either the original or any copies of the software or to permit anyone else to do so. The user may not allow any third party to use or have access to the software. It is illegal to copy the software and install that single program for simultaneous use on multiple machines.
2.3 Proprietary Notices. The user may not remove, disable, modify, or tamper with any copyright, trademark or other proprietary notices and legends contained within the code of the software.
2.4 Confidentiality. The software and the templates contain valuable trade secrets and proprietary information belonging to author. You must keep confidential and protect from unauthorized disclosure all that program code, all templates and all information that the author expressly designates as confidential or that you reasonably should understand to be confidential or proprietary.
3. WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES
3.1 We warrant that the software substantially operates as described in the applicable program documentation for 1 year after installation on your website. If ordered, technical support can be provided based on the then current policies for the applicable services ordered. This software is provided "as is" and these warranties do not guarantee that the software will perform error-free or uninterrupted, or that we will correct all program errors. These warranties are exclusive and take the place of all other express or implied warranties or conditions including warranties or conditions of merchantability, satisfactory quality, and fitness for a particular purpose. If we cannot substantially correct a breach of our warranties, in a commercially reasonable manner, you may end your program license and recover the license fees or technical support fees paid to us under this license agreement, as applicable pursuant to our moneyback refund policy. This is your exclusive remedy.
4. LIMITATION OF LIABILITY
Neither party shall be liable for any indirect, incidental, special, punitive, or consequential damages, or any loss of profits, revenue, data, or data use. Our maximum liability for any damages whether in contract or tort will not exceed the fees which you have paid to us or are payable to us for this order, and if such damages result from your use of the software or technical support, the liability shall be limited to the fees paid or payable for the software or technical support.
5. TERM
The license is effective until terminated. The user may terminate it at any other time by deleting the software together with all copies, modifications and merged portions in any form. It will also terminate upon conditions set forth elsewhere in this agreement or if user fails to comply with any term or condition of this agreement. The user agrees upon such termination to delete the software together with all copies, modifications and merged portions in any form.
6. GENERAL
If any provision of this agreement is declared void or unenforceable by any judicial authority, this shall not nullify the remaining provisions of the agreement which shall remain in full force and effect. The user may not sublicense, assign or transfer the license or the software except as expressly provided in this agreement. Any attempt to otherwise sublicense, assign or transfer any of the rights, duties or obligations hereunder is null and void. This agreement is governed by USA law. Any dispute arising out or in connection with this agreement including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration. The place of arbitration shall be Collin County, Texas, USA. All terms and conditions apply to Shopkeeper installation as set forth herein including those outlined in Host Account, Support, Payment, Notices, Personal Guarantee.
C. SERVICE AGREEMENT FOR HOST ACCOUNTS
Company offers web hosting to clients all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that company hosting services remain of the utmost quality. Please read very carefully.
This Service Agreement is an additional agreement between company and all web hosting clients. Please make sure you are in agreement with the following points and conditions (in its entirety) before signing up for or using company hosting services for Shared and Dedicated Hosting.
END USER AGREEMENT. Client may not sublease, sub host, or give away control of any portion of their web hosting space and/or resources (including, but not limited to, e-mail accounts, space, ftp accounts, etc.), unless otherwise stated in writing.
CONTENT. All services provided by company may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless company from any claims resulting from the use of the service which damages the subscriber or any other party.
Note: Pornography and sex-related merchandising are prohibited on any company assigned server. This includes sites that may infer sexual content, or Link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to servers or any other server on the internet. Links to such materials are also prohibited.
Examples of non-acceptable content or links
• Pirated software
• Bulk Email related products
• Pornography/Nudity/Adult Content
• Hacking/cracking related websites
• Warez and/or copyrighted MP3s
• Illegal material or material that is against public policy
• Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)
Company will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund!
COPYRIGHT VIOLATIONS. Company will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.
SYSTEM RESOURCE USEAGE. Server accounts are based on amount of storage and transfer. It is the sole responsibility of client to order server storage and transfer needed to support their business. Clients can upgrade accounts, as needed, if space is available, or order a dedicated server, which is recommended for sites or shops with a large number of products and product images and/or high traffic. Company is not responsible for relocating files to alternate servers.
If company system administration determines that a client's account is utilizing an unacceptable amount of system resources, company may temporarily deactivate the account in question. If company deems necessary, an eviction notice may be sent to the client of an offending account providing them with ten (10) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases.
Company will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.
DOMAIN PARKING CIRCUMVENTION. Any attempt to circumvent domain parking restrictions by using selective HTTP redirects or any other method to send traffic from parked domains to sites other than the main site is strictly prohibited. If multiple domain names with separate content are required, domain pointers must be used instead.
CHAT ROOMS. Company does not allow client to install their own chat rooms. These tend to be large system hogs and company cannot allow it as an account option. Client is free to use any and all of the three chat systems that come pre-installed on all accounts.
BACKGROUND RUNNING PROGRAMS (bots/daemons/monitors). Cients are not permitted to run programs in the background on shared hosting servers. This tends to use a lot of system resources, and can impair service to other clients on that server.
BACKUPS. Company hosting accounts include a 3rd party nightly backup service, however these backups are for company 3rd party administrative purposes only, and are in NO WAY GUARANTEED! Client is responsible for maintaining their own backups on their own personal computers. Company does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on company's part). Company will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.
SUPPORT ABUSE. At company, we always treat clients with the utmost respect. In return, we expect the same from you. If our staff feels that client consistently addresses them in a demeaning or rude manner, client account may be suspended and client may be asked to take your business elsewhere. In the event that comapny terminates hosting service for support abuse, client will be given ten (10) days notice to find a new host. We will issue a refund only for the unused portion of pre-paid hosting service.
CRON JOBS. Company does allow Cron Jobs to be conducted on servers we offer. Client can setup and manage the cron jobs for your account from the "Cron" section of cpanel.
IRC (Internet Relay Chat). Company does not allow IRC or IRC bots to be operated on servers we offer. Any account found to be in violation of this provision will be immediately suspended and/or deactivated and no refund will be issued.
SHELL ACCESS. Shell access is provided on an as-needed basis. It does not come enabled on accounts by default. A request for this feature must be sent to technical support before it can be used. The request must include a domain name, username and explanation of why shell access is required. We reserve the right to refuse this service to any customer for any reason.
UNSOLICITED EMAIL (SPAM). SPAMing, or the sending of unsolicited email, from a server provided by company or using a return email address that is maintained on a server provided by company is STRICTLY prohibited. Using SPAM to advertise a site hosted on company network also constitutes as a violation of this provision. Company will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.
Help us STOP SPAM! Please email our abuse department immediately to report a violation of our SPAM policies.
SERVER ABUSE. Any attempts to undermine or cause harm to a company server or client of company is strictly prohibited.
Company will be the sole arbiter as to what constitutes a violation of this provision. Client found in violation of this provision will be subject to account deactivation without refund. Company will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.
FAILURE TO FOLLOW POLICIES. Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to company's discretion). Any accounts and/or servers contained within company's network must adhere to the above policies.
Company reserves the right to remove any account without prior notice. If company deactivates your account for violating policy, client will forfeit rights to a refund--and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.
Company reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.
D. CUSTOM WEB SERVICES
PRODUCTS AND SERVICES. Company products are provided "as is" without warranty of any kind, either expressed or implied. In no event shall company juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use company products.
Company services are provided "by the hour" and a "good faith" effort is made to deliver the order as specified for the fee estimated. However, due to the nature of the company's services, client's order may require additional time, labor and funding in the event that time estimated is consumed. Client agrees to submit additional payment for work ordered, as needed. No further work will be done by company on an order once the estimated time has been consumed until additional payment is made in advance.
It is the responsibility of the client to state the work requested including features and functions needed - before the estimate and order are processed. Written specifications provided by and/or approved by client in writing that are ambiguous, lack detailed specifications or omit expected features and functions will be interpreted by company to deliver order. Modifications to work delivered as a result will constitute a change order.
CHECK AND TEST. Client is offered a check and test process on custom products and services, which affords client the opportunity to report errors. The check and test is solely for the purpose of correcting text errors, broken web links, broken images or programming errors. A feature, function or link that does not perform as expected, but does perform as specified in the written agreement is not an error. A change or request to modify the graphic design, web design, development and/or programming is classified as a technical or creative change of direction. These type of changes are not corrections, and as such, estimated deposit payments are required in advance.
The check and test time period is 10 days after delivery or notice, and if there are errors or corrections, subsequent check and test periods offered will be limited to 3 days, and same acceptance terms apply as with the 10 day check and test.
CHANGES AND REVISIONS. If client requests changes or revisions that vary from the written concept, content, plan, document, design, theme or statement of work as estimated and approved by client in writing, the client agrees to pay company for such changes/revisions in addition to the fees already agreed to, at the company's currrent hourly billing rate at the time of request, in advance. Changes and revisions shall include any work requested in addition to the work order estimated and approved by client, including new work requested because the client did not specifically itemize, explain and fully describe work to be done in writing. Client accepts responsibility to identify and clarify requirements, features, functions and expectations in writing before a price is agreed upon.
Should client by accident or purpose, whether intentional or unintentional, modify, change or cause site, products or services to become broken or corrupt - for any reason - after company makes delivery, company time and labor to return product or service to its original delivered state, should - in company's sole discretion - decide to do so, estimated deposit payments are required in advance.
CLIENT CONTACT. Client agrees that there will only be one person as point of contact. The contact person will provide the input and that input is what services are based on.
CLIENT INPUT. Client agrees to provide requested input, information and materials needed to produce the project as ordered. Input shall be provided in a timely manner not to exceed 30 days after the order. Failure to provide input within 30 days cancels the order and forfeits any monies paid on the account for the order unless an extension of time is requested in writing and agreed to by company.
Input shall be delivered pursuant to company procedure via online questionnaire, upload utility or HelpDesk unless otherwise agreed in writing. It is the client's responsibility to make sure company is completely informed and client agrees to provide the necessary input and files in a timely manner after the order. Input and files provided before the order will not be part of the order. Input and files provided after the order shall be in compliance with the information provided that the estimate is based on. Only input and files provided by client that are in compliance with the information that the estimate is based on will be utilized unless client requests a revised estimate, approves the change order and submits estimated deposit payments in advance.
CLIENT-SUPPLIED MATERIALS. All client-supplied materials shall be legible and of professional quality. Delivery to company in a timely manner shall be the responsibility of client. Materials arriving separately at a later date that include information to be added to the project shall require estimated deposit payments at the current hourly rate in advance. Client-supplied materials shall not be returned unless client supplies packaging, postage and delivery fees in advance.
E. ONLINE SHOPPING SYSTEM
Products and services purchased through company online shopping system are limited to the specifications defined by the shopcart. An option for a custom estimate is available. Printed purchase order and credit card application and authorization forms will be required.
F. PRESUMPTION OF ACCEPTANCE
The products and services ordered shall be deemed approved and accepted within ten (10) days, unless client notifies company that it has not been accepted, setting forth the reasons why it has not been accepted. Regardless of said notification, if client uses the products and services substantially in accordance with the intended purpose, the order will be deemed to be approved and accepted in its entirety.
Services that meet written specifications outlined in approved agreements, change orders and statement of works are accepted upon delivery. Agreements cannot contain, and shall not include verbal, implied or supposed expectations.
G. TECHNICAL SUPPORT
Technical, creative and web support is provided by the hour and requires estimated deposit payments in advance. Investigation and resolution for errors encountered, including installed products, require estimated deposit payments in advance.
It is the responsibility of the client to state the work requested including features and functions needed - before the estimate and order are processed. User manuals, training and instruction are not included with order unless specifically stated in writing.
H. CONTINUING PERSONAL GUARANTY PROVISION - PERSONAL GUARANTOR(S)
The use of company products and services by client, credit applicant, person and/or business placing order (jointly and severally) acknowledges and agrees that this Continuing Personal Guaranty Provision is made in consideration of company's acceptance of order and to induce company to deliver the performance of hourly services as it exists or as it may be amended from time to time, whether before or after termination or expiration, and whether or not the client has received any notice of any amendment, and if any Event of Default shall occur under the Terms, the client hereby waives notice of default and agrees to pay company for any and all amounts due from client. Company may proceed directly against the client, and each of them, without first exhausting its remedies against client and/or any other person or entity responsible to company, or any security held by company. Client acknowledges that the GUARANTY is a continuing guaranty and shall not be affected by the release or discharge of client. To the fullest extent permissible under applicable law, client waives any and all rights of subrogation, reimbursement or indemnity derived from client and all other rights and defenses available to company, and further waives any and all rights or defenses arising by reason of any modification or change in the terms of the agreement whatsoever, including, without limitation, renewal, extension, acceleration, or other change in the time any payment or other performance thereunder is due, and/or any change in any rates, limits, changes or fees thereunder. Client unconditionally and specifically authorizes company to debit any amounts for obligations due under the order and credit application agreement(s) and/or from any personal checking account or other account owned or controlled by client(s), and each of them, and further to report any default hereof on clients' personal Credit Bureau Reports. Client agrees to pay all costs and expenses of whatever nature, including reasonable attorney's fees and other legal expenses, incurred by or on behalf of client in connection with the enforcement of TERMS. By and in use of company products and services, client(s) and each of them, hereby authorize company and its assigns to obtain from third parties financial and credit information relating to client(s), and hereby grants to company and its assigns, continuing authority to conduct credit checks and background investigations and inquiries concerning each of the undersigned. Each and every of the clients, credit applicants and purchasers expressly authorizes company and its assigns to request and obtain from Consumer Reporting Agencies (Bureaus) consumer and business reports and if client is approved, to obtain subsequent consumer and business credit reports in connection with the maintenance, updating, renewal or extension of the TERMS. Each of the client(s), credit applicants and purchasers of products and services from company furthermore agrees that all references, including banks and Consumer Reporting Agencies may release any and all personal and business credit and financial information to company and its assigns.
I. PAYMENT
Due to the nature of products and services, as well as the actual and virtual locations of clients transacting business on the Internet, company requires payment in advance. Products and services shall be prepaid. Payment plans and subscription plans may be offered. Benchmarks may be set for payment increments, if requested. Full payment must be submitted pursuant to the agreement or on first day of the check and test period, whichever occurs first.
Should payment benchmarks be agreed to, transactions shall be immediately due and payable, as specified in the agreement. Credit card and/or online check charges will be automatically processed without further notice including fees for additional services or web enhancements ordered and authorized after the initial order. An invoice is not sent requesting payment. It is the client's responsibility to read and understand the company's payment terms and comply as agreed. Failure to submit payment in as agreed herein is a breach of this agreement and cause for termination and initiation of collection remedies without notice.
Credit card and/or online check accounts shall be kept current and client agrees to immediately notify company and/or update client credit card information in the event of a change in credit card account or expiration date and CVV.
Declined credit card transactions shall be cause to suspend or discontinue services and/or deny access to products and services at company discretion without notice or refund. A fee of $25 will be assessed on each payment transaction that fail per occurrence and must be paid along with any reinstatement account fee. At the sole discretion of company, reinstatement of products and services may be denied, or an additional payment advance may be required.
Declined credit card transactions on products and services ordered on a PAYMENT PLAN or on a SUBSCRIPTION PLAN become immediately due and payable in full for the term specified at time of purchase.
Nonpayment on products and services ordered initially or as a change order is cause for immediate termination of account and initiation of collection remedies. Work in progress is immediately stopped. Account is suspended or terminated without notice. Access is denied. No refunds are made for any reason. There is a fee for activation. Company reserves the right to refuse to continue working with client for cause, including nonpayment, threat of nonpayment, direct or indirect statements to hold payment hostage, refusal to pay or cause payment to be delayed for any reason.
Services that may be delivered at the sole discretion of company as a courtesy for consideration of good will shall not constitute a waiver of company terms and conditions, payments due, cause for suspension and termination, and shall not obligate company in any way for any reason before, after or during the delivery of good will services.
Only one discount shall be applied to an order at any given time unless otherwise authorized by company in writing.
J. CANCELLATION
An order can be cancelled prior to creating the license. If for any reason an order is cancelled after the license has been generated, there can be no refund.
K. COMPANY REFUND POLICY
Since company is offering non-tangible irrevocable goods, company does not issue refunds after the services or product is delivered - which client is responsible for understanding upon purchasing any product or service from company. The deadline for any refund claim is three days after the purchase date. No refund shall be made for labor performed on client behalf.
L. ANTIFRAUD CHECK
Client purchase can be suspended for manual antifraud check for 10-20 minutes as well as it can be suspended for longer term (around 20 hours) for more serious investigation. Antifraud check occurs because of growing number of fraud transactions from persons who are not actual cardholders of the credit cards used during purchase.
M. NOTICES
All changes and amendments to these terms and conditions may be updated from time to time and client agrees to be bound by updated terms and conditions, including modifications to use licenses. When an update occurs, new terms and conditions will be published on the website. Disputes that cannot be settled within 30 days at the sole discretion of company may be submitted for binding arbitration to the local office of American Arbitration Association in Collin County, Texas, USA. In such an event client and company agree that these terms and conditions are binding on their respective personal and business heirs and assigns and shall be interpreted according to the laws of the State of Texas, USA. Any legal action commenced shall be conducted in Collin County, Texas, USA. Client agrees to pay all collection fees, court costs, attorney’s fees and/or collection agency fees to collect balances due and payable. Client agrees to indemnify company against loss and hold company harmless from any collection policy or procedure, including that of collection services engaged by company to collect payment due. Said action might include reports to agencies, such as Better Business Bureau and Dun & Bradstreet, as the collection service sees fit in accordance with their collection policies and procedures.
Failure of either party to insist on strict compliance with any of company terms and conditions shall not consitute a waiver of said terms and conditions - including the delivery of revisions, modifications and change requests contained in fax transmission and emails.
N. ACCEPTANCE
By submitting order, client agrees to the terms and conditions set forth, and agrees to be legally bound as defined, by continuing to process the order. Company reserves the right to change or modify these terms with no prior notice.
O. DOMAIN NAMES AND REGISTRARS
There are many qualified domain name service providers or domain name registrars and Network Solutions is one that we recommend as this registrar includes an option for automatic renewal payments and also sends reminders to help you avoid letting your domain name lapse due to nonpayment. We can help change your dns, but we are not domain name providers, and as such we accept no responsibility for the upkeep of your domain name. No matter who your domain name provider is, your domain name is your property and your responsibility. You need to know who your domain name provider is and maintain your account with them in good standing. We may offer counsel on slamming, which is when other domain services attempt to move your domain name to their service - but under no circumstances do we accept any responsibility or liability for the ownership or renewal of your domain name. We suggest you keep a record of when to renew, and/or set an automatic reminder when renewal is due if your domain name registrar offers one. You alone should own and control your domain name. Order your domain name from a recognized ICANN domain name provider, such as NetworkSolutions.com or Register.com and take all necessary steps to protect the name you purchase.
P. LIMITATION OF LIABILITY
IN NO EVENT WILL ShopkeeperUSA.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF ShopkeeperUSA.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, ShopkeeperUSA.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
ShopkeeperUSA.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-ShopkeeperUSA.com web site, please understand that it is independent from ShopkeeperUSA.com, and that ShopkeeperUSA.com has no control over the content on that web site. In addition, a link to a ShopkeeperUSA.com web site does not mean that ShopkeeperUSA.com endorses or accepts any responsibility for the content, or the use, of such web site.
Indemnification.
You agree to indemnify, defend and hold harmless ShopkeeperUSA.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of ShopkeeperUSA.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Term / Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between ShopkeeperUSA.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. ShopkeeperUSA.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. ShopkeeperUSA.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Earnings Disclaimer.
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND IT'S POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS AS A 'GET RICH SCHEME'.
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS ARE ONLY ADVERTISING EXAMPLES AND NOT INTENDED TO REPRESENT LIVE PERSONS OR HAPPENINGS. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS 'ANTICIPATE', 'ESTIMATE', 'EXPECT', 'PROJECT', 'INTEND', 'PLAN', 'BELIEVE', AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSES, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
Q. TERMS. All terms herein apply to all circumstances and are not excluded based on certain products, services or membership affiliations.
R. MODIFICATION OF TERMS OF SERVICES (TOS). Company reserves reserve the right to modify these TOS at any time with no prior notice. Company promptly reflects any such modifications in this file, the sole determination, on our website. These terms and conditions supercede any and all other mentioned, stored, written terms of use.
Any rights not expressly granted herein are reserved.
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