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 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.
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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