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1.
ELECTRONIC TRANSACTIONS
2. DESCRIPTION OF
SERVICE
3. LICENSE TO USE
THE ESTORE
4. PROTECT YOUR
PASSWORD: YOU AUTHORIZE ALL USES
5. [RESELLERS] PRIVACY
POLICY
6. CONDUCT ON THE
ESTORE
7. CONTENT SUBMITTED
TO THE ESTORE
8. INDEMNITY
9. TERMINATION
10. LINKS
11. WARRANTIES
12. DISCLAIMER OF WARRANTIES
13. LIMITATION OF LIABILITY
14. EXPORT CONTROLS
15. AMENDING THIS AGREEMENT
16. FEES; PAYMENTS
17. GENERAL INFORMATION
1.
ELECTRONIC TRANSACTIONS
Communications
and transactions involved with this and all other Accounts is
conducted electronically. Get Shops 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 Get Shops 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
Get Shops 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 Get Shops to amend this Agreement, any
new features that augment or enhance the current eStore, including
the release of new Get Shops features and services, are subject
to this Agreement.
3. LICENSE TO USE THE ESTORE
Get Shops 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, Get Shops retains all right, title, and interest in and to
the eStore. Subject to applicable law, Get Shops 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 Get Shops. 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 Get Shops 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. Get Shops 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 Get Shops, are entirely responsible
for all content that you or users of your eStore upload, post,
or otherwise transmit via the eStore. Get Shops 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
Get Shops in its sole discretion;
(b) impersonate any person or entity, including, but not limited
to, a Get Shops 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 Get Shops's
sole discretion is unacceptable.
Get Shops 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 Get Shops 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 Get Shops does not pre-screen content, but
that Get Shops 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 Get Shops, 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. Get Shops 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 Get Shops if the settlement would affect
Get Shops's ability to provide the eStore.
9. TERMINATION
Get Shops may terminate this Agreement
and your access to the eStore upon thirty (30) days notice without
cause. Get Shops may terminate this Agreement and your access
to the eStore immediately if you breach this Agreement. In the
event that Get Shops 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. Get Shops
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 Get Shops and Get Shops'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 accu/client_files/reseller400014/logo.gif;
(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
Get Shops'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. Get Shops 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, GET SHOPS 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 GET SHOPS 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 Get Shops AND EVEN
IF Get Shops 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 Get Shops 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
Get Shops 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 Get Shops
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 Get Shops 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
Get Shops 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 Get Shops
sets from time to time. Get Shops 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 Get Shops 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 Get Shops 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 Get Shops'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 Get Shops. 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 Get Shops. The laws of the State of Kansas
without regard to its conflict of law provisions govern this Agreement
and the relationship between you and Get Shops. You and Get Shops
agree to submit to the personal and exclusive jurisdiction of
the courts located within the county of Johnson, Kansas. The failure
of Get Shops 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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