By
signing up with MyMarketingCart.com, you agree to the following
Terms of Service:
This Terms of Service document (this "Agreement")
constitutes a legally binding contract between Website Pros,
Inc., dba MyMarketingCart.com.
("MyMarketingCart.com.")
and the person or organization (the "Client") who
submits an order for services or who pays for services from
(the "Client"). MyMarketingCart.com. may change this
Agreement at any time by posting a revised version of the Agreement
on its website and such change will be effective at any time
after the Client is advised of the change and continues to use
or pay for the Services.
1. Services
MyMarketingCart.com will provide the Services ordered by the
Client, subject to all of the terms, conditions and limitations
applicable to the Services set forth on the MyMarketingCart.com
website. The Client will pay for the Services at the price indicated
in the order. MyMarketingCart.com may change the prices for
the Services at any time and any such change in prices will
be effective thirty (30) days after MyMarketingCart.com posts
the change on its website. All fees collected under this Agreement
are fully earned when due and nonrefundable when paid. All fees
due under this Agreement must be paid in United States dollars
via credit card or other payment method acceptable to MyMarketingCart.com.
Client agrees to provide its accurate name, mailing address,
telephone and other contact information in Client's profile
and to update such contact details as they may change.
2. Acceptable Use
The Client may use the Services only in accordance with this
Agreement, applicable laws in the United States and the applicable
laws of any other jurisdiction. Client agrees not to use the
Services in any manner that violates the MyMarketingCart.com
Acceptable Use Policy. In addition, the Client agrees that it
will not use the Services to:
a.
Engage in any illegal or tortuous activity;
b. violate the patent, copyright, trademark, trade secret
or other intellectual property rights of any third party;
c. sell or distribute illegal adult oriented content that
features nudity, sexual acts or adult-themed material;
or
d. publish or distribute in any manner any content that
is harassing, libelous, defamatory, abusive, threatening,
harmful, vulgar, obscene or otherwise objectionable to
MyMarketingCart.com in its sole discretion. |
3.
No Guarantee of Results
The Client acknowledges that MyMarketingCart.com does not guarantee,
imply, or predict any type of profit or response from the Services.
The Services may be subject to interruptions, loss of data,
deletion of data and conditions that prevent the proper operation
of the Services resulting from conditions of events outside
the reasonable control of MyMarketingCart.com and for which
MyMarketingCart.com will bear no responsibility. The Client
irrevocably covenants, promises and agrees to indemnify MyMarketingCart.com
and its assigns and to hold them harmless from and against any
and all losses, claims, expenses, suits, damages, costs, demands
or liabilities, joint or several, of whatever kind or nature
that they may sustain or to which they may become subject arising
out of or relating in any way to the use of the Services, including,
without limitation, in each case attorneys' fees, costs and
expenses actually incurred in defending against any such claims
or enforcing the prerogatives of MyMarketingCart.com under this
Agreement.
4.
Use of Client Data
Client agrees that MyMarketingCart.com may use data collected
from the Client only as permitted by the MyMarketingCart.com
Privacy Policy and MyMarketingCart.com agrees to use such data
only as permitted by such Privacy Policy, the terms of which
are incorporated herein by this reference as if fully stated
herein.
5. Description of Services
The Services may include any one or more of the following elements,
depending upon the package and options selected by the Client
during the ordering process:
a.
Shopping Cart and eCommerce software that facilitates
the sale of products by the Client to customers on a website
controlled by the Client;
b. Email marketing tools and services;
c. Online advertising tools and services; and
d. Affiliate marketing tools and services; |
Certain
of these Services may include additional third-party products
or services that require the Client to accept the terms and
conditions of the third party or to pay additional fees to such
third party. Client agrees that it is wholly responsible for
any such third party terms and conditions and third party fees.
6. Billing Policy
The Services will commence on the date Client's order is accepted
by MyMarketingCart.com (the "Effective Date") and
will continue on the basis of successive billing periods of
30 days (with the first day of each billing period being a "Billing
Date") thereafter until terminated by either party. MyMarketingCart.com
will charge the Client's credit card on each Billing Date for
the billing period beginning on that date. If funds or not available
or MyMarketingCart.com otherwise is unable to collect any fees
when due, MyMarketingCart.com may continue to submit charges
on Client's credit card from time to time until all fees due
are paid. MyMarketingCart.com may suspend all or any portion
of the Services at any time when fees are due and unpaid.
Any fees due under this Agreement are net of any sales or use
taxes, all of which are the sole responsibility of Client. Clients
who purchase Services with an annual billing arrangement may
receive a refund for terminating the Services in the following
circumstances:
1.
An annual-billed Client may receive a 100% refund for
termination within thirty (30) days after the annual renewal
date.
2. An annual-billed Client may receive a 50% refund for
termination within thirty-one (31) and ninety (90) days
after the annual renewal date.
3. An annual-billed Client may receive a 25% refund for
termination within ninety-one (91) and one hundred eighty
(180) days after the annual renewal date
Thirty Day Money-Back Guarantee. In addition, any Client
may receive a refund of 100% of the amount paid if Client
terminates the Services within thirty (30) days or less
after the Effective Date. |
7.
Termination
Client may terminate this Agreement at any time by giving MyMarketingCart.com
notice at least seven (7) days prior to the next Billing Date.
MyMarketingCart.com may also terminate this Agreement at any
time by giving Client at least thirty (30) days prior notice.
In addition, MyMarketingCart.com may terminate this Agreement
immediately and without prior notice if Client is in breach
of this Agreement. Following termination the Client will have
no right to use or access the Services. In its discretion, MyMarketingCart.com
may permit a Client to recover data from the Services following
termination after payment of additional fees.
8. Notice
MyMarketingCart.com may give notice to Client of any matter
under this Agreement (a) orally, by calling Client's representative
or by leaving a voicemail for Client's representative at the
telephone number in Client's profile, (b) by email to the email
address provided by Client in Client's profile, or (c) by regular
mail to Client's mailing address in Client's profile. Client
may give notice to MyMarketingCart.com by regular or certified
mail to the following address:
1.
MyMarketingCart.com
2. 12735 Gran Bay Parkway West
3. Jacksonville, FL 32258
4. Attn: Legal Department |
Provided,
however, that Client may give notice of termination by calling
MyMarketingCart.com at 1-888-255-6230.
9. Affiliate Program
If Client checked the box to participate in the MyMarketingCart.com
affiliate marketing program, or has otherwise been accepted
by MyMarketingCart.com to participate in such affiliate marketing
program, the following provisions apply:
a.
MyMarketingCart.com will pay a commission (the "Commission")
equal to ten percent (10%) of amounts billed and received
by MyMarketingCart.com from new customers who purchase
services from MyMarketingCart.com within six (6) months
after clicking on an approved MyMarketingCart.com affiliate
marketing banner on a website owned or controlled by Client.
b. All tracking of referrals and clicks are as determined
by MyMarketingCart.com's systems. MyMarketingCart.com
will not pay Commissions on sales that are subsequently
rescinded or charged back and any Commissions paid on
such sales must be repaid or debited from future Commissions
due.
c. MyMarketingCart.com will aggregate Commissions due
and issue checks only when the check amount is equal to
or greater than $50.00 (USD).
d. MyMarketingCart.com may change the commission rate
and other terms and conditions of this affiliate marketing
program at any time, with such changes to be effective
when posted to the MyMarketingCart.com website.
e. After enrolling in the affiliate marketing program,
a Client must click the referral program link within the
Client's account and use the enclosed tracking link. Client
may not use or display on the affiliate link any material
that is defamatory, misleading, libelous, obscene or otherwise
potentially damaging to the reputation of MyMarketingCart.com.
f. A Client enrolled in the affiliate marketing program
will continue to earn Commissions even after the Client
terminates Services. MyMarketingCart.com may offset against
any Commissions earned, however, any due and unpaid amounts
in respect of Services. |
10. Miscellaneous
a. Indemnification. Client will indemnify and defend MyMarketingCart.com
against any third-party claim, action, suit, or proceeding arising
out of or relating in any way to any alleged breach of this
Agreement by Client. MyMarketingCart.com will indemnify and
defend Customer against any third-party claim, action, suit,
or proceeding alleging any breach of this Agreement by MyMarketingCart.com.
In connection with any request for indemnification under this
Agreement, the indemnified party must: (i) give the indemnifying
party prompt, written notice of any claim, action, suit, or
proceeding for which the indemnified party is seeking indemnity;
(ii) grant control of the defense and settlement to the indemnifying
party; and (iii) reasonably cooperate
with the indemnifying party at the indemnifying party's expense.
b. Limitation of Liability. IN NO EVENT WILL THE LIABILITY OF
MyMarketingCart.com UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID
BY CLIENT DURING THE THREE (3) MONTH PERIOD BEFORE THE DATE
ON WHICH SUCH LIABILITY AROSE. IN NO EVENT WILL MyMarketingCart.com
BE LIABLE FOR ANY (A) LOSS OF USE, LOSS OF DATA, OR INTERRUPTION
OF BUSINESS OR (B) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION,
LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR
OTHERWISE, EVEN IF MyMarketingCart.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. CLIENT ACKNOWLEDGES THAT THESE
LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND
ABSENT SUCH LIMITATIONS, MyMarketingCart.com WOULD NOT ENTER
INTO THIS AGREEMENT.
c. Miscellaneous. This Agreement shall be governed solely by
the laws of the State of Florida, excluding its principles of
conflicts of laws. Any action under or relating to this Agreement
shall be brought solely in the state and federal courts located
in Florida, with sole venue in the courts located in Duval County,
and each party hereby submits to the personal jurisdiction of
such Courts. Each party agrees that its performance under this
Agreement shall in all respects conform to all applicable laws,
rules, and regulations of the United States governing the export
of technical information. Customer may not assign this Agreement
without the prior, written permission of MyMarketingCart.com.
Any purported assignment in violation of this will be void and
without any effect. This Agreement may not be modified or amended
except in writing, signed by both parties. Any purported oral
modification or amendment of this Agreement in derogation of
the foregoing shall be without any effect. The United Nations
Convention on Contracts for the International Sale of Goods
shall not apply to the Services or this Agreement. Neither party
may waive any right hereunder except expressly and in writing.
This Agreement is the entire agreement between the parties with
respect to this subject matter, and it supersedes all prior
and contemporaneous discussions, negotiations, communications,
and agreements with respect thereto.
Questions
concerning these terms, please contact
us.
Version
2.0 - 10/31/2007
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