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E-Commerce

SiteSolver Dynamic Cart Manager License

END USER LICENSE AGREEMENT

 

The following Internet Software Application Service (ISAS) agreement is between you (also referred to as the client, end user, or user), and SiteSolver. By accepting this agreement, the end user agrees to be bound by the following terms and conditions:

1. HARDWARE/SOFTWARE DAMAGE. SiteSolver bears no responsibility for any hardware or software damage incurred as a result of the use of the SiteSolver Dynamic Cart Management System. Each user is provided with a password protected area for administration of the SiteSolver Dynamic Cart Manger. You are responsible for insuring that your UserID and password are kept private and not given to any other party. Damages that occur as a result of breaches of security, user mismanagement of software resources and/or hardware resources, or any malicious or harmful act made within the user's account are the responsibility of the user.

2. USE FOR LAWFUL PURPOSES ONLY. The user agrees to post no unlawful material on the Internet via any SiteSolver access services, such as material violating copyright laws, proprietary information, material promoting illegal activities, and obscene or pornographic material. If any user posts such material, SiteSolver may in it's sole discretion, but without obligation to do so, delete such materials. Materials promoting illegal services, information, or products will be immediately removed and SiteSolver will notify the proper authorities.

3. MATERIALS OBTAINED. SiteSolver provides access to Internet services. SiteSolver in no way censors, controls, edits, deletes or otherwise restricts access to any information found through any server or information provider on the Internet

4. INSTALLATION FEE. The user may be assessed a non-refundable installation fee. In such cases, the user will be notified prior to installation of any fees associated with installation.

5. BILLING TERMS.  The user agrees to be bound by all terms, conditions and policies relating to the charges for use of SiteSolver services. SiteSolver may change such terms, conditions and policies upon thirty (30) days written notice.

7. CANCELLATION AND ACCOUNT CHANGES. Users who pay on a monthly schedule and wish to cancel an account or change an account plan, must notify SiteSolver via email or regular mail of such cancellation or change prior to the seventh (5th) of each month, or the account shall continue in place for the next month.

8. PAYMENT. SiteSolver provides two (2) payment plans (Annual License and Lifetime License) with three (3) payment schedule options for the Annual License and four (4) payment schedule options for the Lifetime License. The following payment terms apply for these plans:

ANNUAL LICENSE

  • Annual License paid in full - User pays annual fee of $480.00 prior to initial installation. Service will expire one year from date of installation. Payment for each subsequent year is due on the date of expiration.
    Note: Users who pay first year in full only pay $400.00 for the first year. Subsequent years are charged at $480.00.
  • Annual License paid monthly - User pays on a monthly schedule. Monthly fees are $60.00 per month ($600.00 per year). Payment is due on the 1st of each month. User pays first month prior to installation. First month service is initiated on date of installation. Second month will be prorated such that each subsequent payment will be due on the first of each month.
  • Annual License paid quarterly - User pays on a quarterly schedule. User pays first quarter prior to installation. First quarter service is initiated on date of installation. Quarterly fees are $140.00 per quarter ($560.00 per year). Payment is due on the expiration date of each quarter.

LIFETIME LICENSE

Upon completion of payment for this option, the user incurs no additional annual fees for the service during the lifetime of the site.

  • Lifetime License paid in full - User pays lifetime fee of $1500.00 prior to initial installation.
    Note: Users who pay Lifetime License in full only pay $1200.00 for the full license.
  • Lifetime License paid monthly - User pays on a monthly schedule. Monthly fees are $140.00 per month ($1680.00 total). Payment is due on the 1st of each month. User pays first month prior to installation. First month service is initiated on date of installation. Second month will be prorated such that each subsequent payment will be due on the first of each month.
  • Annual license paid quarterly - User pays on a quarterly schedule. User pays first quarter prior to installation. First quarter service is initiated on date of installation. Quarterly fees are $390.00 per quarter ($1560.00 total). Payment is due on the expiration date of each quarter.
  • Annual license paid semi-annually - User pays on a six month schedule. User pays first six months prior to installation. First six months service is initiated on date of installation. Semi-annaul fees are $750.00 per six months ($1500.00 total). Payment is due on the expiration date of each the first six months.

9. DELINQUENT ACCOUNTS. SiteSolver will assess a late fee of $25.00 or 1.5% of the past due amount, whichever is greater, on all accounts not paid in full by the 5th day after expiration of service term. Accounts not paid by the 10th day after service expiration date are subject to additional penalties of $10 per day and/or termination. If the user elects to continue use of SiteSolver services following such termination, SiteSolver may assess a reinstallation fee of $200.00. If the user fails to make all payments due on account, SiteSolver may take appropriate legal action, and the user shall be liable for SiteSolver's costs and attorney's fees.

10. SALES TAX. All charges assessed by SiteSolver are subject to sales tax.

11. DISCLAIMER/WAIVER. While most items contain no objectionable material, some may contain material which some persons may find offensive. The user is advised to avoid such items if uncomfortable with material posted. The user (A) acknowledges that he/she understands that SiteSolver does not control or limit the information available to its subscribers, except as provided in section 3 above, and (B) agrees that the user will not hold SiteSolver liable for any harm resulting from access to material obtained via the Internet The user also represents that he/she is over the age of eighteen. Further, the user agrees to supervise access to the Internet through this SiteSolver account by anyone under the age of eighteen.

12. POLICIES. The user agrees to abide by all SiteSolver policies and procedures and acknowledges that these may be changed from time to time. Violation of these policies and/or provisions may result in suspension, deactivation, or cancellation of the user's account.

13. WARRANTY. SiteSolver makes no warranty in relation to its services or software. SiteSolver will use its best efforts to provide Internet application services. However, SiteSolver bears no responsibility for any loss or liability, including, but not limited to, lost profits incurred by the user as a result of Internet inaccessibility, software failure, or other problems. LIMITATION OF LIABILITY. Under no circumstances and under no legal theory, tort, contract, or otherwise, shall SiteSolver be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation. Furthermore, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.

 

 


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