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Terms of Use Agreement
Welcome to our Web site. By using
our site, you are agreeing to comply with and be
bound by the following terms of use. Please review
the following terms carefully. If you do not agree
to these terms, you should not use this site. The
term “merchants-solutions.com” or
“merchantssolutions.com” or “us” or “we” or “our”
refers to Merchants Solutions Inc., the owner of the
Web site. The term “you” refers to the user or
viewer of our Web Site.
1. Acceptance of Agreement.
You agree to the terms and
conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our site (the "Site").
This Agreement constitutes the entire and only
agreement between us and you, and supersedes all
prior or contemporaneous agreements,
representations, warranties and understandings with
respect to the Site, the content, products or
services provided by or through the Site, and the
subject matter of this Agreement. This Agreement may
be amended at any time by us from time to time
without specific notice to you. The latest Agreement
will be posted on the Site, and you should review
this Agreement prior to using the Site.
2. Copyright.
The content, organization,
graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the
Site are protected under applicable copyrights,
trademarks and other proprietary (including but not
limited to intellectual property) rights. The
copying, redistribution, use or publication by you
of any such matters or any part of the Site, except
as allowed by Section 4 below, is strictly
prohibited. You do not acquire ownership rights to
any content, document or other materials viewed
through the Site. The posting of information or
materials on the Site does not constitute a waiver
of any right in such information and materials. Some
of the content on the site is the copyrighted work
of third parties.
3. Service Marks.
"merchants-solutions.com",
“merchantssolutions.com” and others are our service
marks or registered service marks or trademarks.
Other product and company names mentioned on the
Site may be trademarks of their respective owners.
4. Limited License;
Permitted Uses.
You are granted a non-exclusive,
non-transferable, revocable license (a) to access
and use the Site strictly in accordance with this
Agreement; (b) to use the Site solely for internal,
personal, non-commercial purposes; and (c) to print
out discrete information from the Site solely for
internal, personal, non-commercial purposes and
provided that you maintain all copyright and other
policies contained therein. No print out or
electronic version of any part of the Site or its
contents may be used by you in any litigation or
arbitration matter whatsoever under any
circumstances.
5. Restrictions and
Prohibitions on Use.
Your license for access and use
of the Site and any information, materials or
documents (collectively defined as “Content and
Materials”) therein are subject to the following
restrictions and prohibitions on use: You may not
(a) copy, print (except for the express limited
purpose permitted by Section 4 above), republish,
display, distribute, transmit, sell, rent, lease,
loan or otherwise make available in any form or by
any means all or any portion of the Site or any
Content and Materials retrieved therefrom; (b) use
the Site or any materials obtained from the Site to
develop, of as a component of, any information,
storage and retrieval system, database, information
base, or similar resource (in any media now existing
or hereafter developed), that is offered for
commercial distribution of any kind, including
through sale, license, lease, rental, subscription,
or any other commercial distribution mechanism; (c)
create compilations or derivative works of any
Content and Materials from the Site; (d) use any
Content and Materials from the Site in any manner
that may infringe any copyright, intellectual
property right, proprietary right, or property right
of us or any third parties; (e) remove, change or
obscure any copyright notice or other proprietary
notice or terms of use contained in the Site; (f)
make any portion of the Site available through any
timesharing system, service bureau, the Internet or
any other technology now existing or developed in
the future; (g) remove, decompile, disassemble or
reverse engineer any Site software or use any
network monitoring or discovery software to
determine the Site architecture; (h) use any
automatic or manual process to harvest information
from the Site; (i) use the Site for the purpose of
gathering information for or transmitting (1)
unsolicited commercial email; (2) email that makes
use of headers, invalid or nonexistent domain names,
or other means of deceptive addressing; and (3)
unsolicited telephone calls or facsimile
transmissions; (j) use the Site in a manner that
violates any state or federal law regulating email,
facsimile transmissions or telephone solicitations;
and (k) export or re-export the Site or any portion
thereof, or any software available on or through the
Site, in violation of the export control laws or
regulations of the United States.
6. Linking to the Site.
You may provide links to the
Site, provided (a) that you do not remove or
obscure, by framing or otherwise, advertisements,
the copyright notice, or other notices on the Site,
(b) your site does not engage in illegal or
pornographic activities, and (c) you discontinue
providing links to the Site immediately upon request
by us.
7. Advertisers.
The Site may contain advertising
and sponsorships. Advertisers and sponsors are
responsible for ensuring that material submitted for
inclusion on the Site is accurate and complies with
applicable laws. We are not responsible for the
illegality or any error, inaccuracy or problem in
the advertiser’s or sponsor’s materials.
8. Registration.
Certain sections of, or offerings
from, the Site may require you to register. If
registration is requested, you agree to provide us
with accurate, complete registration information.
Your registration must be done using your real name
and accurate information. Each registration is for
your personal use only and not on behalf of any
other person or entity. We do not permit (a) any
other person using the registered sections under
your name; or (b) access through a single name being
made available to multiple users on a network. You
are responsible for preventing such unauthorized
use.
9. Errors, Corrections and
Changes.
We do not represent or warrant
that the Site will be error-free, free of viruses or
other harmful components, or that defects will be
corrected. We do not represent or warrant that the
information available on or through the Site will be
correct, accurate, timely or otherwise reliable. We
may make changes to the features, functionality or
content of the Site at any time. We reserve the
right in our sole discretion to edit or delete any
documents, information or other content appearing on
the Site.
10. Third Party Content.
Third party content may appear on
the Site or may be accessible via links from the
Site. We are not responsible for and assume no
liability for any mistakes, misstatements of law,
defamation, omissions, falsehood, obscenity,
pornography or profanity in the statements,
opinions, representations or any other form of
content on the Site. You understand that the
information and opinions in the third party content
represent solely the thoughts of the author and is
neither endorsed by nor does it necessarily reflect
our belief.
11. Unlawful Activity.
We reserve the right to
investigate complaints or reported violations of
this Agreement and to take any action we deem
appropriate, including but not limited to reporting
any suspected unlawful activity to law enforcement
officials, regulators, or other third parties and
disclosing any information necessary or appropriate
to such persons or entities relating to your
profile, email addresses, usage history, posted
materials, IP addresses and traffic information.
12. Indemnification.
You agree to indemnify, defend
and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors,
assigns, third party suppliers of information and
documents, attorneys, advertisers, product and
service providers, and affiliates (collectively,
"Affiliated Parties") harmless from any liability,
loss, claim and expense, including reasonable
attorney's fees, related to your violation of this
Agreement or use of the Site.
13. Nontransferable.
Your right to use the Site is not
transferable or assignable. Any password or right
given to you to obtain information or documents is
not transferable or assignable.
14. Disclaimer.
THE INFORMATION, CONTENT AND
DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE). THE INFORMATION AND
SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO
LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION
OR SERVICE,. IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND
LIMITATION OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS,
SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD
NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL
CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT
EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES
CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC
FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
15. Limitation of Liability.
(a) We and any Affiliated Party
shall not be liable for any loss, injury, claim,
liability, or damage of any kind resulting in any
way from (a) any errors in or omissions from the
Site or any services or products obtainable
therefrom, (b) the unavailability or interruption of
the Site or any features thereof, (c) your use of
the Site, (d) the content contained on the Site, or
(e) any delay or failure in performance beyond the
control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED
PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF
OR RELATING TO THE SITE AND/OR THE PRODUCTS,
INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN
OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT
SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY
HAVE AGAINST US AND ANY AFFILIATED PARTY.
16. Use of Information.
We reserve the right, and you
authorize us, to the use and assignment of all
information regarding Site uses by you and all
information provided by you in any manner consistent
with our Privacy Policy. All remarks, suggestions,
ideas, graphics, or other information communicated
by you to us (collectively, a "Submission") will
forever be our property. We will not be required to
treat any Submission as confidential, and will not
be liable for any ideas (including without
limitation, product, service or advertising ideas)
and will not incur any liability as a result of any
similarities that may appear in our future products,
services or operations. Without limitation, we will
have exclusive ownership of all present and future
existing rights to the Submission of every kind and
nature everywhere. We will be entitled to use the
Submission for any commercial or other purpose
whatsoever, without compensation to you or any other
person sending the Submission. You acknowledge that
you are responsible for whatever material you
submit, and you, not us, have full responsibility
for the message, including its legality,
reliability, appropriateness, originality, and
copyright.
17. Third-Party Services.
We may allow access to or
advertise certain third-party product or service
providers ("Merchants") from which you may purchase
certain goods or services. You understand that we do
not operate or control the products or services
offered by Merchants. Merchants are responsible for
all aspects of order processing, fulfillment,
billing and customer service. We are not a party to
the transactions entered into between you and
Merchants. You agree that use of or purchase from
such Merchants is AT YOUR SOLE RISK AND IS WITHOUT
WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR
OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER
NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES
ARISING FROM THE TRANSACTIONS BETWEEN YOU AND
MERCHANTS OR FOR ANY INFORMATION APPEARING ON
MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
18. Third-Party Merchant
Policies.
All rules, policies (including
privacy policies) and operating procedures of
Merchants will apply to you while on any Merchant
sites. We are not responsible for information
provided by you to Merchants. We and the Merchants
are independent contractors and neither party has
authority to make any representations or commitments
on behalf of the other.
19. Privacy Policy.
Our Privacy Policy, as it may
change from time to time, is a part of this
Agreement. You must review
this Privacy Policy by clicking on this link.
20. Payments.
You represent and warrant that if
you are purchasing something from us or from
Merchants that (i) any credit information you supply
is true and complete, (ii) charges incurred by you
will be honored by your credit card company, and
(iii) you will pay the charges incurred by you at
the posted prices, including any applicable taxes.
21. Securities Laws.
The Site may include statements
concerning our operations, prospects, strategies,
financial condition, future economic performance and
demand for our products or services, as well as our
intentions, plans and objectives (particularly with
respect to product and service offerings), that are
forward-looking statements. These statements are
based upon a number of assumptions and estimates
which are subject to significant uncertainties, many
of which are beyond our control. When used on our
Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks," "plans,"
"intends," "will" and similar expressions are
intended to identify forward-looking statements
designed to fall within securities law safe harbors
for forward-looking statements. The Site and the
information contained herein does not constitute an
offer or a solicitation of an offer for sale of any
securities. None of the information contained herein
is intended to be, and shall not be deemed to be,
incorporated into any of our securities-related
filings or documents.
22. Links to other Web
Sites.
The Site contains links to other
Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and
such Web sites are not investigated, monitored or
checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does
not imply approval or endorsement of the linked Web
site by us. If you decide to leave our Site and
access these third-party sites, you do so at your
own risk.
23. Copyrights and Copyright
Agents.
We respect the intellectual
property of others, and we ask you to do the same.
If you believe that your work has been copied in a
way that constitutes copyright infringement, please
provide our Copyright Agent the following
information:
-
An electronic or physical
signature of the person authorized to act on
behalf of the owner of the copyright interest;
-
A description of the
copyrighted work that you claim has been
infringed;
-
A description of where the
material that you claim is infringing is located
on the Site;
-
Your address, telephone
number, and email address;
-
A statement by you that you
have a good faith belief that the disputed use
is not authorized by the copyright owner, its
agent, or the law; and
-
A statement by you, made
under penalty of perjury, that the above
information in your Notice is accurate and that
you are the copyright owner or authorized to act
on the copyright owner's behalf.
Our Copyright Agent for Notice of
claims of copyright infringement on the Site can be
reached by directing an e-mail to the Copyright
Agent at
info@merchants-solutions.com.
24. Information and Press
Releases.
The Site may contain information
and press releases about us. We disclaim any duty or
obligation to update this information or any press
releases. Information about companies other than
ours contained in the press release or otherwise,
should not be relied upon as being provided or
endorsed by us.
25. Legal Compliance.
You agree to comply with all
applicable domestic and international laws,
statutes, ordinances and regulations regarding your
use of the Site and the Content and Materials
provided therein.
26. Refund and Return
Policy.
Software, Shipping/Handling and
Consumables are not refundable. Hardware must be
returned unopened within 30 days of delivery and is
subject to a 15% restocking fee. All returns must
have prior authorization by Merchants Solutions.
Purchaser is responsible for return shipping costs.
27. Miscellaneous.
This Agreement shall be treated
as though it were executed and performed in
Hillside, Illinois, and shall be governed by and
construed in accordance with the laws of the State
of Illinois (without regard to conflict of law
principles). Any cause of action by you with respect
to the Site (and/or any information, Documents,
products or services related thereto) must be
instituted within one (1) year after the cause of
action arose or be forever waived and barred. All
actions shall be subject to the limitations set
forth in Section 14 and Section 15. The language in
this Agreement shall be interpreted as to its fair
meaning and not strictly for or against any party.
This Agreement and all incorporated agreements and
your information may be automatically assigned by us
in our sole discretion to a third party in the event
of an acquisition, sale or merger. Should any part
of this Agreement be held invalid or unenforceable,
that portion shall be construed consistent with
applicable law and the remaining portions shall
remain in full force and effect. To the extent that
anything in or associated with the Site is in
conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to
enforce any provision of this Agreement shall not be
deemed a waiver of such provision nor of the right
to enforce such provision. Our rights under this
Agreement shall survive any termination of this
Agreement. |