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1. ELECTRONIC TRANSACTIONS
Communications and transactions involved with
this and all other accounts are conducted electronically. MyECommerceCart.com
may provide all communications, disclosures, and notices
electronically including, without limitation, in text on a Web page
or via email to any email address you may provide. If you do not
wish to deal with MyECommerceCart.com electronically, please do not use this
system. All electronic records are deemed sent when properly
addressed and when they enter an information processing system
outside the control of the sender. All electronic records are deemed
received when the record enters an information processing system
that the recipient has designated or uses for the purpose of
receiving electronic records of the type sent, in a form capable of
being retrieved from that system.
2. DESCRIPTION OF SERVICE
The
MyECommerceCart.com eStore system currently permits small business owners
to maintain a business presence on the Internet via personalized Web
pages, referred to collectively as an eStore. Unless explicitly
stated in any offer from
MyECommerceCart.com to amend this Agreement, any new
features that augment or enhance the current eStore, including the
release of new
MyECommerceCart.com features and services, are subject to this
Agreement.
3. LICENSE TO USE THE ESTORE
MyECommerceCart.com™ hereby grants you a non-exclusive,
non-transferable, personal license to access and use the eStore
solely as necessary to create and manage personalized Web pages
solely in connection with the operation of a licensed business
("Account"). Except for the license in this Section 3, MyECommerceCart.com™
retains all right, title, and interest in and to the eStore. Subject
to applicable law, MyECommerceCart.com™ reserves the right to suspend or
deny, at its sole discretion, your access to all or any portion of
the eStore with or without notice. You may not access or use the
eStore or any portion of the eStore if such access would violate any
law. We advise you to retain a copy of this Agreement. Permission to
reprint or electronically reproduce any content available on the
eStore, in whole or in part for any purpose other than as necessary
to create and manage your Account is expressly prohibited, unless
you have obtained prior written consent from
MyECommerceCart.com™.
Copyrights, trademarks, service marks, patents or other proprietary
rights and laws under both United States and foreign laws protect
the eStore. All rights not expressly granted herein are reserved to
MyECommerceCart.com™ and its licensors.
4. PROTECT YOUR PASSWORD
You are responsible for maintaining the confidentiality of the
password that you choose to access and use the eStore and your
Account. Subject to applicable law, you agree to be liable for all
uses of your Account whether or not actually authorized by you,
including but not limited to access to your Account information
through the "eStore Manager" feature. This means that you should not
supply your password to anyone who is not authorized to take actions
for you.
5.
MyECommerceCart.com™ PRIVACY POLICY
Our Privacy Policy is a part of this Agreement
and its terms are incorporated by this reference. Please read it now
(by clicking on "Privacy Policy"). The policy explains how certain
information about you may be used.
6. CONDUCT ON THE ESTORE
You understand that all information, data,
text, files, software, photographs, graphics, video, messages or
other posted or transmitted by you through your Account and the
eStore, are your sole responsibility. This means that you, and not
MyECommerceCart.com™, are entirely responsible for all content that you or
users of your eStore upload, post, or otherwise transmit via the
eStore.
MyECommerceCart.com™ does not control the content of eStores and does
not guarantee the accuracy, integrity or quality of any content. You
understand that by using the eStore, you may be exposed to content
that is offensive, indecent or objectionable.
Further, you agree to not use the EStore to:
(a) upload, post or otherwise transmit any content that is
unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, slanderous, libelous, invasive of another's privacy,
hateful, embarrassing, or racially, ethnically or otherwise
objectionable to any other person or entity as determined by
MyECommerceCart.com™ in its sole discretion;
(b) impersonate any person or entity, including, but not limited
to, a
MyECommerceCart.com™ staff, or falsely state or otherwise
misrepresent your affiliation with a person or other entity;
(c) forge headers or otherwise manipulate identifiers in order to
disguise the origin of any content transmitted through the eStore;
(d) upload, post or otherwise transmit any content that you do not
have a right to transmit under any law or under contractual or
fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
(e) upload, post or otherwise transmit any content that infringes
any patent, trademark, trade secret, copyright or other
intellectual property or proprietary rights of any party or the
privacy or publicity rights of others;
(f) upload, post or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of
solicitation;
(g) upload, post or otherwise transmit any content that contains
viruses or any other computer code, files or programs which
interrupt, destroy, limit the functionality of, or cause damage to
any computer software or hardware or telecommunications equipment;
(h) disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the EStore are able to type,
or otherwise act in a manner that negatively affects other users'
ability to engage in real time exchanges;
(i) interfere with or disrupt the EStore or servers or networks
connected to the eStore, or fail to comply with any requirements,
procedures, policies or regulations of networks connected to the
eStore;
(j) intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited
to, regulations having the force of law;
(k) "stalk," harass, or otherwise harm another;
(l) collect or store personal data in violation of any laws
governing privacy;
(m) promote or provide instructional information about illegal
activities, promote physical harm or injury against any group or
individual, or promote any act of cruelty to animals;
(n) reproduce, duplicate, copy, sell, resell or exploit any
portion of the eStore system;
(o) engage in any other behavior on the eStore, which in
MyECommerceCart.com sole discretion is unacceptable.
MyECommerceCart.com™ may (but is not obligated) to remove your content and
terminate your Account and access to the eStore for any reason,
with or without notice to you.
7. CONTENT SUBMITTED TO THE ESTORE
By submitting content to the eStore for any purpose, including use
in connection with your Account, you grant
MyECommerceCart.com™ a world-wide,
royalty-free, perpetual, irrevocable, non-exclusive license to use,
copy, reproduce, modify, create derivative works from, adapt, and
publish, edit, translate, sell, distribute, publicly perform and
display the content without any limitation and in any media or any
form now known or later developed for the purpose of providing you
services under this Agreement. You acknowledge that
MyECommerceCart.com™ does
not pre-screen content, but that
MyECommerceCart.com™ and its designees will
have the right (but not the obligation) in their sole discretion to
refuse or remove any content that is available via the EStore. You
agree that you must evaluate and bear all risks associated with, the
use of any content, including any reliance on the accuracy,
completeness, or usefulness of such content.
8. INDEMNITY
You agree to defend, indemnify and hold harmless MyECommerceCart.com™, and
its subsidiaries, affiliates, officers, directors, agents,
co-branders or other partners, and employees, harmless from any
claim or demand, including reasonable attorneys' fees, due to or
arising out of your content, your use of the eStore or your Account,
your violation of the this Agreement or any third party's rights.
MyECommerceCart.com™ reserves the right, at its own expense, to participate
in the defense of any matter otherwise subject to indemnification
from you, but shall have no obligation to do so. You shall not
settle any such claim or liability without the prior written consent
of MyECommerceCart.com™ if the settlement would affect MyECommerceCart.com's ability
to provide the eStore.
9. TERMINATION
MyECommerceCart.com™ may terminate this Agreement and
your access to the eStore upon thirty (30) days notice without
cause. MyECommerceCart.com™ may terminate this Agreement and your access to
the eStore immediately if you breach this Agreement. In the event
that MyECommerceCart.com™ terminates this Agreement without cause and you
have prepaid for services, you may request a refund of any
undisputed prepaid fees.
10. LINKS
We may provide, or third parties may provide,
links to other Internet Sites or resources. MyECommerceCart.com™ is not
responsible for and does not endorse the informational content or
any products or services available through other Internet Sites or
resources, and does not make any representations regarding its
content or accuracy. We do not control any third party Sites and we
are not liable for any technological, legal, or other consequences
that arise out of your visit or transactions there. Your use of
third party Internet Sites is at your own risk and subject to the
terms and conditions of use for such Sites. This means that we are
not your agent and will not be a party to any agreement that you may
enter at third party Internet Sites.
11. WARRANTIES
You represent and warrant for the benefit of
MyECommerceCart.com™ and
MyECommerceCart.com's licensors, suppliers, and any third
parties mentioned on the Site that:
(a) you possess the legal right and ability to enter into and make
the representations and warranties contained in this Agreement;
(b) all information that you submit to us is true and accurate;
(c) you will keep your registration information current;
(d) you will be responsible for all use of your Account even if
such use was conducted without your authority or permission;
(e) you will not use the eStore for any purpose that is unlawful
or prohibited by this Agreement;
(f) all content submitted to the eStore is owned by you and
MyECommerceCart.com's use of the content does not infringe or violate the
intellectual property or other rights of any third parties;
(g) you have a valid business license.
12. DISCLAIMER OF WARRANTIES
THIS eSTORE AND ALL INFORMATION ACCESSIBLE ON
OR THROUGH IT IS PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL
FAULTS," AND WITHOUT WARRANTY OF ANY KIND.
MyECommerceCart.com™ GIVES NO
EXPRESS WARRANTIES AND DISCLAIMS:
(A) ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE;
AVAILABILITY OF THE eSTORE; LACK OF VIRUSES, WORMS, TROJAN HORSES,
OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE
PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS,
CURRENCY, OR USEFULNESS OF ANY CONTENT ON THE eSTORE; AND
(B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF
NEGLIGENCE IN CONNECTION WITH THE eSTORE OR CONTENT AVAILABLE ON
IT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY AND EFFORT IN CONNECTION WITH THE eSTORE AND CONTENT
AVAILABLE ON IT IS BORN BY YOU.
IN ADDITION,
MyECommerceCart.com™ DISCLAIMS ANY WARRANTIES OF
NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT IN CONNECTION WITH THE
eSTORE AND INFORMATION AVAILABLE ON IT.
13. LIMITATION OF LIABILITY
IN NO EVENT WILL MyECommerceCart.com™ BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY
DAMAGES, OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
DATA, PERSONAL INJURY, FAILURE TO MEET ANY DUTY INCLUDING ACTS OF
GOOD FAITH OR OF REASONABLE CARE, LACK OF NEGLIGENCE, AND FOR ANY
OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE THIS eSTORE AND ANY INFORMATION AVAILABLE
ON IT, THE DELAY OR INABILITY TO USE THE eSTORE OR ANY INFORMATION,
EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF MyCart.net™
AND EVEN IF MyECommerceCart.com™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY
EVEN IF ANY REMEDY FAILS. NOTWITHSTANDING THE FOREGOING, IN NO EVENT
WILL MyECommerceCart.com™ BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE AMOUNT
PAID BY YOU TO US FOR USE OF THE eSTORE. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
14. EXPORT CONTROLS
You agree to abide by U.S. and other
applicable export control laws and not to transfer, by electronic
transmission or otherwise, any content or software subject to
restrictions under such laws to a destination prohibited under such
laws, without first obtaining, and then complying with, any required
government authorization. You further agree not to upload to your
Web eStore(s) hosted by MyECommerceCart.com™ any data or software that cannot
be exported without prior written government authorization,
including, but not limited to, certain types of encryption software.
15. AMENDING THIS AGREEMENT
This Agreement constitutes the entire
agreement between you and MyECommerceCart.com™ about this eStore and your use
of it and it supercedes any prior or contemporaneous communications
or displays whether electronic, oral, or written between you and
MyECommerceCart.com™ regarding the eStore (including, but not limited to, any
prior versions of the Agreement). Except as described below in
Section 16 regarding changes to fees, this Agreement may not be
amended except by a specific offer from MyECommerceCart.com™ designated as an
offer to amend its terms which is accepted by you in the manner
indicated in the offer. If you accept the amended terms, they
supercede any previous terms in the Agreement (or any amended
version of the Agreement).
16. FEES; PAYMENT
Your use of the eStore and your Account is
subject to fees that MyECommerceCart.com™ sets from time to time. MyECommerceCart.com™
reserves the right to change its services or any fees charged for
them upon 30 days notice. If you do not agree to changes in fees,
you may terminate your Account. You are responsible to pay
MyECommerceCart.com™ for all fees, duties, taxes, and assessments arising out
of your use of this eStore and your Account. Current applicable
charges for the services are due in advance of each month for which
the services are provided. Only valid credit cards acceptable to
MyECommerceCart.com™ may be used for orders placed at the eStore, and all
refunds will be credited to the same card. By submitting your credit
card for processing, you authorize us to charge your credit card
(including taxes and any amounts shown to you before submission) to
your card. If your card cannot be verified, is invalid, or is not
otherwise acceptable, your Account will be suspended automatically
and we will send you an e-mail notice. You must resolve any problem
within the time stated in the email notification or your order will
be cancelled without further notice. You will also be liable for all
attorney and collection fees arising from MyECommerceCart.com's efforts to
collect any unpaid balance of your Account(s).
17. GENERAL INFORMATION
This Agreement does not create any agency,
employment, partnership, joint venture, franchise or other similar
or special relationship between you and
MyECommerceCart.com™. Neither party
will have the right or authority to assume or create any obligations
or to make any representations, warranties or commitments on behalf
of the other party or its affiliates, whether express or implied, or
to bind the other party or its affiliates in any respect whatsoever.
Your rights and obligations under this Agreement shall not be
transferred or assigned directly or indirectly without the prior
written consent of
MyECommerceCart.com™. The laws of the State of Kansas
without regard to its conflict of law provisions govern this
Agreement and the relationship between you and
MyECommerceCart.com™. You and
MyECommerceCart.com™ agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Johnson,
Kansas. The failure of
MyECommerceCart.com™ to exercise or enforce any right
or provision of this Agreement will not constitute a waiver of such
right or provision. If any provision of this Agreement is found by a
court of competent jurisdiction to be unenforceable, then the
provision (or portion) will be deemed superseded by valid
enforceable language that most clearly matches the intent and
allocation of risk in the original provision (or portion), and the
other provisions of this Agreement remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the
eStore or this Agreement must be filed within one (1) year after
such claim or cause of action arose or be forever barred. The
section titles in the Agreement are for convenience only and have no
legal or contractual effect.
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