Sell@Market Service Agreement

(Last updated: March 2007)

1. What the Contract Covers

This is a contract between you and the Sell@Market. This contract refers to Sell@Market as "we," "us," or "our." This contract applies to Sell@Market site and service, including all updates, support, and content. This contract refers to all of these as the "service."

You may only use the service if you agree to these terms. If you do not agree, do not use the service. This contract limits our liability and disclaims warranties for the service to the maximum extent permitted by law. This contract also requires you to indemnify us. Please read these sections of the contract carefully.

2. When you may use the service

You may start using the service as soon as you have finished the sign-up process.

3. How you may use the service

In using the service, you will

• obey the laws,
• obey any codes of conduct or other notices we provide,
• keep your password secret,
• promptly notify us if you learn of a security breach related to the service.

 

4. How you may not use the service

In using the service, you may not

• use the service in any way that is against the law or harms Sell@Market or its affiliates, resellers, distributors, and/or vendors (collectively, the "Sell@Market parties"),
• damage, disable, overburden, or impair the service (or the networks connected to the service) or interfere with anyone's use and enjoyment of the service,
• resell or redistribute the service, or any part of the service, unless you are Sell@Market affiliate or have a reseller contract with us that permits you to do so,
• use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam"),
• use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by Sell@Market or "meta-searching"), or
• use any unauthorized means to modify or reroute, or attempt to reroute the service.

 

5. Your service account

Only you may use your account. You are responsible for all activity under your account. You may not authorize any third party to access and/or use the service on your behalf.

6. How we may change this contract

Sell@Market may change this contract at any time without notice. If we make a material change to this contract, we will notify you at least 30 days before the change takes place. If you do not agree to the change, you must cancel and stop using the service before the change takes place. If you do not stop using the service, your continued use of the service will be under the changed contract.

7. Charges and billing

This section applies in all situations in which you pay Sell@Market for a service. The online ordering terms are as stated by Plimus, Inc. (located in California), who is our third party online ordering service. Plimus uses the highest level of encryption throughout the entire order and setup processes, from all order pages, through the storage of customer information, and credit card processing which is done by Wells Fargo, one of the largest and most trusted financial institutions.

• Payment. When you sign up for the service, you will be redirected to our third party online ordering service, which is powered by Plimus, Inc. You provide a payment method and confirm that you are authorized to use the payment method. You authorize us to charge you for the service using your payment method and for any paid feature of the service for which you choose to sign up or use while this contract is in force. If the amount to be charged to your payment method is greater than the amount you pre-authorized, we will tell you the amount at least 10 days before we charge you.
• Charges. If your service is provided on an annual basis, we will charge you for the service in advance. If your service is provided for an indefinite period or automatically renewed, we will charge monthly for the services you will receive in the next month. We may charge you at one time for more than one of your prior billing periods. If we told you that the service will be provided indefinitely or automatically renewed, we may automatically renew your service and charge you for any renewal term.
• Updates to your billing account. You must keep all information in your billing account accurate and current, including your billing address and any expiration date for your payment method. You can access and make changes to your billing account at https://secure.plimus.com/jsp/account_login.jsp. You may change your payment method at any time. If you tell us to stop using your payment method and do not provide an alternative payment method, we will cancel your service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.
• Trial period offers. You may receive a limited time of free service or some other trial period offer. Unless we tell you otherwise, if you are participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring charges or having your service downgraded to a service for there is no subscription fee. If you do not cancel your service and we have told you that the service will automatically be converted into a paid subscription at the end of the trial period, then you authorize us to charge your payment method for the service. If we downgrade your service to one for which there is no subscription fee, some of your data may not be available to you and Sell@Market may delete that data permanently from our servers. You are responsible for taking the necessary steps to back up your data and ensuring that you maintain your primary means of business.
• Prices and price increases.
  • The price for the service excludes taxes, phone and Internet access charges, mobile text messaging, wireless service and other data transmissions, unless stated otherwise. These taxes and charges are your responsibility. Currency exchange settlements are based on your agreement with your payment method provider.
  • If there is a specific time length and price for your service offer, then that price will remain in force for that time. When the offer period ends, we will charge you a new price for that service.
  • We may change the price of the service from time to time, but we will give you at least 30 days notice before a new price takes effect. If you do not agree to the new price, then you must cancel and stop using the service before the new price takes effect. If your service is on a period basis (for example, monthly or annually), then the new price will start on the date that we indicate.
• Service conversion. You may be able to switch your service to a different service. If you do, you authorize us to charge your payment method for any new service charges. If you switch to a service for which we do not charge a subscription fee or for which we charge a lower fee, we will refund the unused portion of the service charge for the subscription fee service you previously used or the difference in the amount of the service fees. You may not credit any refunds to other services.
• Refunds. All charges are non-refundable unless expressly stated otherwise, or otherwise provided by law. The costs of any returns will be at your expense, unless otherwise provided by law.
• Payments to you. To receive a payment or refund due to you, you must promptly provide us with all information we need to make the payment (for example, bank account information for receiving the payment). You must provide us with the information we request before your right to receive payment accrues. You are responsible for the accuracy of the information you provide and any taxes you may incur as a result of receiving a payment. If you receive a payment that was not due to you, we may reverse or seek return of the payment, and you agree to cooperate with us.
• Online statement; errors. Our third party online ordering service Plimus is responsible to provide you with billing statement. Go to https://secure.plimus.com/jsp/account_login.jsp for more information. You release us from all liability and claims of loss resulting from any error on your statement.
• Canceling the service. You may cancel the service at any time, with or without cause. Go to https://secure.plimus.com/jsp/account_login.jsp to obtain information on cancelling your service. Cancellation of the service by you will not alter your obligation to pay all charges made to your billing account.
• Late payments. Except to the extent prohibited by law, we may assess a late charge if you do not pay on time regardless of any disputes you may have raised about your bill. You must pay these late charges when we bill you for them. We may suspend or cancel your service if you do not pay in full and on time.

 

8. Changes to the service; cancellation or termination

• By Sell@Market. We may change the service at any time and for any reason without notice. If we cancel a particular service or feature, we will make commercially reasonable efforts to replace it with a comparable service or feature, but we are not obligated to do so. We may cancel or suspend your service or a portion of your service at any time and for any reason without notice, including if you violate the terms of this contract. If we do, your right to use the service will stop right away. Cancellation of the service will not change your obligation to pay any charges due on your billing account. If we cancel the service without cause, we will refund the unused portion of your service charge for that period on a pro rata basis.
• By you. You may cancel your service at any time for any reason. Go to our third party online ordering service Plimus at https://secure.plimus.com/jsp/account_login.jsp for information about cancelling your service. Cancellation of the service by you will not alter your obligation to pay all charges made to your billing account. We will refund the unused portion of your service charge for the applicable period on a pro rata basis.
• Data. Upon termination or cancellation of the service by you or us for any reason, Sell@Market may delete your data permanently from our servers. You are responsible for taking the necessary steps to back up your data and ensuring that you maintain your primary means of business.
• Waiver of rights and obligations. To the extent necessary to implement the termination of this contract, each party waives any right and obligation under any applicable law or regulation to request or obtain intervention of the courts to terminate this contract.

A service may be a beta version

A particular service may be a beta version. It may not work the way a final version of the feature or service will. We may change it for the final, commercial version. We may not release a commercial version. We also reserve the right to change a beta service at any time without advance notice to you.

9. Privacy

We consider your use of the service to be private. However, we may access or disclose information about you, your account and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this contract; including use of this service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of Sell@Market, its employees, its customers or the public. You consent to the access and disclosures outlined in this section.

We may use technology or other means to protect the service, protect our customers, or stop you from breaching this contract. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break your use of the service.

In order to provide you the service, we may collect certain information about service performance, your machine and your service use. We may automatically upload this information from your machine. This data will not personally identify you. You may read about this information collection in more detail in the privacy policy at http://www.sellatmarket.com/privacy

10. Intellectual property rights

Sell@Market retains all right, title and interest in and to the service, including all copyrights, patents, trade secrets, trademarks, and other intellectual property rights. Sell@Market reserves all rights not expressly granted. This contract does not grant or imply any rights to any Sell@Market trademarks, trade names, or logos.

11. Advertisements

Sell@Market runs advertisements on the service. We reserve the right to change the manner of advertising on the service. You understand that any dealings you have with advertisers on the service are between you and those advertisers, not Sell@Market.

12. Feedback

If you give feedback about the service to Sell@Market, you give to Sell@Market, without charge, the right to use, share, and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies, and services to use or interface with any specific parts of a Sell@Market service that includes the feedback. These rights survive this contract.

13. Our notices to you; your notices to us

This contract is in electronic form. We have promised to send you certain information in connection with the service and have the right to send you this information. There may be other information about the service that the law requires us to send to you. We may send this information to you in electronic form.

We may provide required information to you by e-mail at the e-mail address you specified when you signed up for the service, or notices will be deemed given and received on the transmission date of the e-mail.If you do not consent to receive notices electronically, you must cancel the service.

You may notify us as stated in the customer support or "help" area for the service. We cannot accept e-mail notices at this time.

14. No warranty

Sell@Market makes no guarantee about the reliability and accuracy of the service or the results obtained from the service. You understand that the security mechanisms in the service have inherent limitations and that you are responsible for determining that the service meets your needs.

We provide the service "as-is," "with all faults" and "as available." You bear the risk of using it. To the maximum extent permitted by law, the Sell@Market parties give no express warranties, guarantees, or conditions. You may have additional rights under your local laws that this contract cannot change. To the extent permitted by law, we exclude any implied warranties or conditions including those of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, and satisfactory quality.

15. Assignment

Sell@Market may assign this contract, in whole or part, at any time without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt to do so is void. Instead, you may cancel your service. The other party may then establish a service account and enter into a contract with us.

16. Force majeure

Sell@Market will not be liable for any loss or damage or be deemed to be in breach of this contract due to any event or circumstance beyond its reasonable control, including, war, invasion, electrical shortages, terrorist attacks, earthquakes, or acts of God.

17. Notices

Copyright notice

All contents of the service are Copyright © 2007 Sell@Market and/or its suppliers. All rights reserved.