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All disputes between DoCommerce and you must be settled by binding arbitration. You agree to waive your right to go to court to enforce or defend your rights under the contract, except for small claims matters. Your rights will only be decided by a NEUTRAL ARBITRATOR, not a judge or jury. You cannot bring a collective action. For more information about your agreement to arbitrate any DoCommerce disputes, please refer to the Arbitration Agreement.
These Terms of Service can also be used to help you gain a better understanding of our Products and Services, including how we bill you, what data we collect and how we interact with your customers and many other details. These Terms of Service are a great resource for anyone who has questions about our Products and Services. We hope you enjoy DoCommerce experience.
By using, visiting, or browsing the Products and Services as a user or paid or unpaid member, you accept and agree to be bound by these Terms of Service, available at DoCommerce terms of service page. Before you can sign up for a DoCommerce account or use any DoCommerce Services, you must agree to all terms and conditions. You should not use our products and services, including our website and software if you don't agree to the Terms of Service. Your account will be terminated if you violate any terms. Questions about the Terms of Service may be sent to firstname.lastname@example.org.
These Terms of Service and the Policies constitute the entire agreement between DoCommerce and you. They supersede all prior agreements between DoCommerce and you, whether written or oral. DoCommerce may not enforce or exercise any right in these Terms of Service terms. This does not mean that DoCommerce has waived those rights.
DoCommerce reserves all rights to modify these Terms of Service and Policies at any time without prior notice. DoCommerce can also freely assign or transfer the agreement. You can review the most recent version of these Terms of Service by visiting DoCommerce 's website and clicking on "Terms of Service", located at the bottom of all DoCommerce pages. All previous versions of the Terms and Service will be replaced by the most current version. When the Terms of Service have been updated, we will post prior versions on our website.
Any judicial authority may declare any provision of this agreement invalid or unenforceable. However, it will not affect the validity of any other provisions of the agreement.
It is your responsibility to use the Products and Services in a secure and private manner. DoCommerce will not be held responsible for any loss or damage arising from unauthorized account access.
DoCommerce reserves the right to refuse registration and cancel accounts at its sole discretion.
The Products and Services may not be used for illegal activities or in violation of laws in your area.
The Products and Services may not be used to send unsolicited email ("spam"), or malicious content like viruses or worms.
It is not allowed to use the Products and Services for illegal information access.
DoCommerce reserves all rights to modify, suspend or discontinue any of the Products and Services at any time, without prior notice.
Your account may be temporarily or permanently suspended if you make excessive requests to DoCommerce or any other Products and Services. DoCommerce will decide if there is abuse or excessive use at its sole discretion. DoCommerce will notify the account owner via email if necessary before suspending it.
DoCommerce holds intellectual property rights to all protected parts of the Products and Services. This includes but is not limited to design, artwork, functionality, and documentation. DoCommerce Products and Services may not be copied, modified, reverse engineered, or modified in any way. See below for more information about the Intellectual Property section of these Terms of Service.
Cardholder’s data that you store or process on behalf of customers is your responsibility.
All text, graphics and photographs communicated to DoCommerce (collectively "Content") belong to the original owner. Any Content you post may be used in any other manner without restriction. These Terms of Service only allow you to use other people's content.
DoCommerce is not able to control the content that third parties post to our Products and Services. This includes the user interfaces. DoCommerce does not guarantee the quality, accuracy, or integrity of any such content. You might be exposed to content you find offensive, indecent, or incorrect by using the Products and Services. DoCommerce will not be held responsible for any Content. You agree to evaluate and bear all risks associated with using any content. This includes any reliance on its integrity and accuracy. If you would like to report objectionable materials, please contact email@example.com.
You agree to access the Products and Services, including our website and other interfaces. You also agree not to upload or post, email, or send or transmit any material containing software viruses or any other code, files, or programs that could interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment, associated with the Products and Services. You agree to not interfere with any portion of the Products and Services' servers or networks or violate any procedures, policies, or regulations for networks connected to the Products and Services. Finally, you agree not to impersonate another person using the Products and Services or conduct yourself in a vulgar, offensive, or illegal manner while using them.
The "Account Owner" is the member who created the DoCommerce account and for whom the payment method is charged. The DoCommerce account is controlled and accessible by the account owner. The Account Owner has full control over DoCommerce's account. Therefore, they should not disclose the password to anyone. If the Account Owner wants to prevent others from contacting DoCommerce Customer Service, and potentially alter the Account Owner’s control, then the Account owner should not disclose the Payment Method details associated with their account (for example, their last four digits on their credit card or debit card or their email address, if they use PayPal). SHARING THE DCOMMERCE.COM ACCOUNT PASSWORD ENSURES THAT THE ACCOUNT OWNER IS RESPONSIBLE TO ENSURE THAT ALL PERSONS WITH WHICH IT SHARES PASSWORD ARE COMPLIANCE WITH THE TERMS of SERVICE. SUCH ACCOUNT OWNERS WILL BE RESPONSIBLE IF ANY ACTIONS ARE TAKEN BY SUCH PERSONS.
Account termination will be immediately initiated if DoCommerce employees or other users are accused of abuse or threats of abuse.
The billing terms of one of our partners will apply if you are charged for Products and Services. Access to any of our Products and Services requires that you have internet access. You can create an account on either a paid subscription or a free basis. You must have a valid, accepted payment method to use the paid Products and Services. This information was provided during sign-up ("Payment Method")
For paid subscription products and services, a valid credit card or Paypal account must be available.
Your credit card or Paypal account will automatically be charged according to the DoCommerce rates. This is to prepay the usage of Product and Services during the current period. Monthly plans will be charged on the next day. If the billing date falls between the 29th and 31st of each month, but the billing month doesn't contain this date, the billing date will be changed to the end of the current calendar day. To prepay the usage of Products and Services, annual plan renewals will take place on the same day as the following year.
DoCommerce will immediately change your account if you decide to downgrade or switch to a free subscription plan. The unused portion will not be eligible for credit.
Your service will immediately switch to the New Plan if you upgrade or downgrade from an existing paid plan ("Old Plan") and to another plan ("New Plan"). Your Old Plan's payment for any unutilized service will be applied to the New Plan's price. Your next monthly billing date will remain the same. If you have to downgrade your Plan, credit will be applied for future months. Your next monthly fee will then be charged after the credit has been used. If you are upgrading your Plan, the remainder of the current billing period will be charged immediately. The subsequent months will be charged at the previous billing date. The remaining credit for the current billing period will depend on how many days remain in the current billing month. Questions about DoCommerce billing are directed to billing@ docommerce.com and answered within 24 hours.
DoCommerce cannot offer refunds on Products and Services.
European merchants who have not provided a valid VAT ID will be charged VAT in addition to the base product price. VAT will be calculated based upon the merchant's home country VAT rate.
DoCommerce and third parties will only act as intermediaries between you and the shipping carrier (i.e. USPS) if you use DoCommerce 's shipping label feature to fulfill your order. This allows you to buy postage and print shipping labels. DoCommerce can help you purchase and produce your shipping labels, but it is your responsibility to ship your customers. DoCommerce cannot pick up, transport, deliver, or deal with your shipment. You are responsible for complying with all carrier rules and regulations that apply to your use of the postal service.
You are responsible for complying with all USPS rules when you use USPS postage. These include: 1) Shipping Restrictions to learn more about what you can and cannot ship via USPS; 2) Mailing Standards to understand packaging and labeling requirements. DoCommerce's shipping labels will allow you to share information about your shipment with USPS. This information is subject to the following USPS privacy provisions:
Privacy Act Statement: Your data will be used to facilitate your purchase of U.S. Postage. Postal Service (USPS), postage, and transaction reporting requirements for USPS postal systems. 39 U.S.C. authorizes collection 39 U.S.C. 401, 403 and 404. The voluntary disclosure of the information is not required. However, if you do not provide it, your transaction might not be processed. USPS will not share your information without your consent, except as necessary to facilitate the transaction or to fulfill your request or to act on your behalf. This applies to the following limited circumstances: To a congressional office on behalf of you; to financial entities regarding financial transactions issues; to an USPS auditor; and to entities, such as law enforcement or in legal proceedings. We also share your information with contractors and other entities that aid us in fulfilling the service (service suppliers). For more information regarding our privacy policies, visit www.usps.com/privacypolicy.
All local and international shipping regulations and customs regulations are your responsibility. DoCommerce is not responsible for import taxes, duties, or local customs fees related to your shipment. It is your responsibility to determine whether these charges are due and to arrange payment. DoCommerce will demand full reimbursements if any of these charges are imposed on you by any authority.
DoCommerce is authorized to charge your current payment information to cover any fees related to DoCommerce shipping label feature. DoCommerce does not have a payment method on file. You will need to add one before DoCommerce can use the shipping labels feature. You will not be allowed to buy any additional postage until your DoCommerce shipping label fees have been paid. If your payment is declined or not received by DoCommerce, we may not be able to collect the payment.
DoCommerce reserves all rights to terminate or modify DoCommerce shipping label feature or your ability to use DoCommerce shipping label feature at any given time without prior notice.
By downgrading to a free plan, you can cancel your subscription to DoCommerce Products and Services. After cancellation, there will not be any subsequent changes to your Paypal or credit card.
You can terminate your account by clicking the "Close my Account" button in your account. Before you can close your account, cancel your paid subscription.
Products and Services include an integrated online shopping cart that can integrate with your existing website, blog, or social network, as appropriate. We reserve the absolute right to make changes to the Products and Services at any time and without prior notice. The description of the Products and Services should not be construed as a promise or obligation to the Products and Services. These Terms of Service often do not fully reflect the changes we make to the Products and Services.
Members from certain countries can add some Products and Services to their page via social media networks such as Facebook.
CONNECTING DOCOMMERCE.COM ACCOUNT WITH YOUR FACEBOOK ACCOUNT WILL CONVEY AND AGREE THAT YOUR CONTINUOUS RELEASES OF INFORMATION ABOUT YOURSELF TO OTHERS IS PERMITTED (IN CONFORMANCE WITH YOUR PRIVACY AND ACCOUNT SETTINGS AT DOCOMMERCE.COM). If you do not want information about you to be shared in this manner, please don't use the FACEBOOK CONNECT FEATURE. Facebook and we are constantly improving this feature. Therefore, the features available and information that is shared might change. These changes could occur without your knowledge and may not be explained in these Terms of Service.
You represent, warrant, and agree that these Terms of Service apply to you. .
You have not and won't violate or cause any other party to be in breach of any applicable anti-bribery/anti-corruption law (including but not limited to the U.S. Foreign Corrupt Practices Act, 1977, as amended, and the U.S. domestic bribery legislation in 18 U.S.C. 201), anti-kickback laws and anti-money laundering laws, as well as anti-terrorist financing legislations. .
You have not and will never use the Products and Services, or our website in violation to applicable laws. .
You will not, directly or indirectly, through third parties, pay, promise, authorize, solicit, offer, or accept any money or gift of any kind to or from any person, organization, political party or entity in any country to obtain, retain or direct regulatory approvals. .
All of your employees, officers and directors, agents, contractors and vendors (collectively "Relevant Parties") must comply with this Anti-Corruption and Export Sanctions Compliance Section. .
They are not and will not ensure that your Relevant Party and customers are: (a) Nationals, Residents, Agents or Representatives of Iran, North Korea or Syria; (b) on the List of Particularly Designated Nationals & Block Persons, the Sectoral Sanctions Identifications List, or Foreign Sanctions Evaders List maintained at the U.S. Department of the Treasury; (c) any entity that is owned by, directly, indirectly, or by virtue of such person owning voting shares, interests; or is the U.S. .
All export/sanctions authorizations and licenses are required to be obtained in the amount applicable. .
You shall establish an effective, risk-based compliance plan and all necessary internal controls to ensure compliance with applicable laws and this Anti-Corruption Export and Sanctions Compliance Section. .
DoCommerce shall cooperate reasonably with them to (a) ensure compliance of sanctions, embargoes, and other Applicable Laws; and (b) review, remediate, or prevent future violations of these laws. This includes, but is not limited to, suspending, terminating, or removing products from customers or other people that are on a Sanctions List. .
Any violation of any of the above representations, warranties, or covenants will be considered a material breach of these terms. DoCommerce may terminate this agreement at its sole discretion and without any further liability or obligation. DoCommerce may seek indemnification from you and injunctive or other equitable relief. In addition to any other remedies available under applicable laws, DoCommerce will be entitled to a breach of these Terms.
It is your responsibility to update and maintain the truth and accuracy of the information we provide about your account. Your account password and confidentiality must be kept confidential, and you should restrict access to DoCommerce accounts. You are responsible for any actions taken by others if you reveal your password or share your DoCommerce account. Users of shared or public networks should log off at the end of every visit, if possible. If you find that you are a victim of identity theft involving a DoCommerce account, you should notify us at firstname.lastname@example.org.. You should also report the incident to your card issuers and your local law enforcement agency. You should also be aware of any request to provide credit card or account information. Identity theft can be caused by you giving your information to these communications. Access your sensitive account information only by visiting the DoCommerce website. This is not possible through an email link or any other electronic communication. DoCommerce reserves all rights to place any account on hold at any time, with or without notifying the member. This is to protect its partners and itself from fraudulent activity. DoCommerce does not have an obligation to credit or offer a discount for memberships that are held by DoCommerce representatives or automated DoCommerce processes.
DOCOMMERCE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED. DOCOMMERCE DISCLAIMS ANY IMPLIED WARRANTIES, CONDITIONS, OR WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS TO ANY PARTICULAR PURPOSE. DOCOMMERCE DOES NOT WARRANT THE RESULTS FROM USE OF ANY PRODUCTS OR SERVICES. ACCOUNT HOLDER ASSUMES ALL THE RISK AND RESPONSIBILITY REGARDING THEM.
DOCOMMERCE OR ITS SUBSIDIARIES, DIRECTORS or OFFICERS, OFFICERS OR AFFILIATES OR LICENSORS SHALL NOT BE LIABLE TO YOU (JOINTLY OU SEVERALLY), FOR ANY SPECIAL INCIDENTAL, INDIRECT CONSEQUENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES WHATSOEVER, RESULTING FROM THE USE OF OR PERFORMANCE THEREOF, OUR WEBSITE, INCLUDING FEATS / FUNCTIONALITIES THERE. OUR TOTAL LIABILITY TO EACH OTHER FOR ANY DAMAGES ARISING FROM THE USE OF OR INABILITY to USE THE PRODUCTS, SERVICES, INCLUDING OUR SITE AND USER INTERFACES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LOI), WILL NOT EXCEED THREE (3) MONTHS FEES PAYED TO DOCOMMERCE ON THE MEMBERSHIP PLANS. EVEN IF THE ABOVE-MENTIONED REMEDY FAILS TO ITS ESSENTIAL PURPOSE, THE FOREGOING LIMITATIONS APPLY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OR OTHER SECTIONS OFF THESE TERMS of SERVICE, INCLUDING ANY PORTION FROM ANY POLICY TO BE UNENFORCEABLE, THEN THE PORTIONS DEEMED UNENFORCEABLE WILL BE DISMISSED. THE TERMS SHALL BE ENFORCED ABOVE THOSE PROVISIONS. ANY LIABILITY SHALL BE LIMITED TO THE GREATEST EXT BY APPLICABLE LAW.
DoCommerce will be held harmless for any damages, costs, and attorney’s fees resulting from third-party claims that DoCommerce may incur from (i) your modification of Products and Services or (ii) DoCommerce's use of materials supplied to DoCommerce for use in Products and Services that infringe any trademark, copyright, trade secret, or other intellectual property rights under the law. DoCommerce may appoint counsel to assist you in defending any third-party claim. DoCommerce may hire its own counsel and pay the fees and expenses of such counsel. Any claim that is subject to indemnification shall be settled by you. However, DoCommerce may require taking or abstaining from any action that would obligate DoCommerce to indemnify it. In such cases, DoCommerce's prior written consent must be obtained. This consent cannot be withheld, conditional, delayed, or unreasonably withheld. PARTIES EXCLUDE THE IMPLIED WARRANTY THAT NON-INFRINGEMENT IS AVAILABLE, RELYING INSISTENTLY ON THE TERMS IN THIS SECTION. .
You may also find additional disclaimers and limitations of liability in any third-party software, licensing, and service agreements that you have signed to gain access to the Products and Services.
Copyright. All content on the Products and Services, including any content delivered to members as part of the Products and Services, includes source code, data compilations, and software. They are protected by the United States and international copyright, trade secrets, or other intellectual property laws and agreements. The Products and Services offer open-source software that is free. However, all content and software provided by DoCommerce or any other material in connection with the Products and Services remain the exclusive property DoCommerce, and it’s licensed. They are protected by copyright and trade secrets laws in the countries where the Products and Services operate and international treaty provisions. .
DoCommerce and its licensors have given their express permission for the reproduction or use of content. These Terms of Service contain restrictions that you agree to follow. You must not decompile, reverse engineer, or disassemble any software or any other products or processes, and you must not insert code or product into the Products or modify the content. Also, you should not use any data mining, data gathering, or extraction method. DoCommerce may terminate your membership if DoCommerce believes you are violating DoCommerce's software restrictions or restrictions against copying our Products and Services. DoCommerce also reserves the right not to allow you to copy or use any other proprietary content without the permission of DoCommerce and its licensees. DoCommerce does not encourage, condone or support copying third-party products or categories. The Products and Services, which include demos of store products and services, can be used for commercial purposes only. However, items that are proprietary to third parties cannot be used. Please see the instructions at the end of these Terms of Service for notifying us of the presence of any allegedly infringing content of the Products and Services, including any on the website, Docommerce.com. .
Trademarks. DoCommerce registered trademark. DoCommerce.com and the DoCommerce logo are registered trademarks or service marks. DoCommerce trade dress includes the Products and Services, including their graphics, logos, page headers, and scripts and service names. DoCommerce trademarks, service marks, and trade dress may not be reproduced or used without DoCommerce's prior written approval. They may not be used with any other product or service, in any way that could confuse customers, in a manner that dilutes DoCommerce's rights, or in any way that discredits or disparages DoCommerce. Other trademarks appearing on the DoCommerce website or user interfaces are the property of their respective owners. They may or not be associated with, connected to, or sponsored by DoCommerce. If not indicated, any images of people or personalities appearing on the DoCommerce website or user interfaces do not indicate or endorse DoCommerce or any product or service. .
Patents. DoCommerce has patents pending which apply to our products and services.
DoCommerce may use any comments or information you send us ("Feedback") without any compensation or acknowledgment. This includes responses to questionnaires and postings to the Products and Services. It can also use the Feedback for any purpose, including developing, marketing, and selling products and creating, altering, or improving the Products and Services. You also grant DoCommerce a perpetual, worldwide and irrevocable, non-exclusive, royalty-free license to post Feedback, respond to questionnaires, and to use, display, reproduce, modify, and/or reuse the Feedback in any media, software, or technology. .
DoCommerce does not accept unsolicited ideas or materials for publication. DoCommerce is not responsible for any similarity in content or programming to DoCommerce's materials and ideas. If you send unsolicited ideas or materials, you agree to no further consideration and that DoCommerce and its affiliates will not be held responsible for any claims arising from the use of such ideas or materials.
We test various aspects of our Products and Services from time to time. This includes our website, other interfaces, service level, plans, promotions, and features. Prices and delivery are also tested. Without notice, we reserve the right not to include or exclude you.
If you need assistance with your account, you may find answers and support on our community forums and using other resources, and contacts found here: https://support.docommerce.com/hc/en-us/requests/new. You can also reach us with customer service questions at email@example.com. .
To become a member and to use the Products and Services, you must be at least 18 years old. You may need to be 18 years old in certain countries in order for you to become a member. Individuals under 18 years old may use the Products and Services. However, this is only possible with the participation of a parent/legal guardian. This person must be able to access the account and agree to these Terms of Services. DoCommerce may distribute products that can be used by minors, but the Products and Services cannot be used without parental supervision and approval. (See also "Parental controls"). We grant you limited, non-exclusive, non-transferable access to the Products and Services unless otherwise stated. You will not be able to transfer any rights, title, or interests other than the above-mentioned limited license. Without our written consent, you may not modify or distribute the Products and Services (except page caching that is necessary for personal use or as otherwise permitted by these Terms of Service), transmit, display or perform any of the information found on or obtained through them. DoCommerce does not encourage, condone, or support third-party copying content or any other infringing activities. .
It is against the law to circumvent, alter, remove, deactivate or degrade any content protections contained in the Products and Services. Without our written consent, you may not frame any trademarks, logos, or other proprietary information (including images and text, page layouts, or forms) without our express written permission. Without our written consent, you may not buy search terms or use Meta tags or other "hidden texts" that utilize the DoCommerce trademarks or names. Any unauthorized use or modification of the Products and Services, or their contents, will invalidate the limited license granted to you and result in your membership being canceled.
DoCommerce may recommend, enable, or even sponsor third-party apps, software, products or services, or website links, from time to time, for your consideration and use. These apps, software products, links, and services are provided for your convenience only. It does not constitute an endorsement, authorization sponsorship, or affiliation with DoCommerce in respect to third parties, third-party apps, software products, websites, or services. These Terms of Services do not apply to third-party apps, software products, websites, or services. You should also review any third-party agreements that may relate to third-party apps, software products, websites, or services. They may be different from these Terms of Service, and you are responsible for complying with them. Access to third-party apps, software, products, or websites is at your risk. DOCOMMERCE DOES NOT MAKE ANY REPRESENTATIONS NOR WARRANTIES REGARDING THIRD-PARTY SOFTWARE, APPS PRODUCTS, WEBSITES, OR SOFTWARE. DOCOMMERCE WILL NOT BE LIABLE FOR ANY THIRD-PARTY SOFTWARE PRODUCTS SERVICES, APPS, OR WEBSITES.
DoCommerce is committed to protecting the intellectual property rights and interests of others. DoCommerce will not allow the unauthorized reproduction or distribution of copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Products and Services, please view our Copyright Policy for explicit instruction on how to address the issue.
These Terms of Service will be governed and construed according to the laws of California, U.S.A. Any provision of these Terms of Service shall be deemed invalid, illegal, unenforceable, or in conflict with any law. The validity, legality, and enforceability of the rest of these Terms of Service shall not be affected by such rulings, and they shall continue to be in full force and effect.
DoCommerce and you agree that any dispute or claim arising from or relating to the Products and Services (including our website, user interfaces, and these Terms of Service and this arbitration agreement) shall be resolved by binding arbitration in San Diego County in California and not in courts of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration is conducted by a neutral arbitrator, which allows for fewer discoveries than in court. It also permits for a much more limited review by courts. Arbitrators are able to award the same damages or relief as a court. By agreeing to these Terms of Service, you agree that the U.S. Federal Arbitration Act will govern the interpretation and enforcement of the provision. DoCommerce and you both waive the right to a trial before a jury or to take part in a class action. This arbitration provision will survive the termination of this agreement as well as your DoCommerce membership. .
DOCOMMERCE AND YOU AGREE TO BRING CLAIMS AGAINST EACH OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF or CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CLASS PROCEEDING. Unless you and DoCommerce agree otherwise, the arbitrator cannot consolidate more than one person’s claims and may not preside over any type of representative or class proceeding. This arbitration provision will be null and unenforceable if it is found that this particular provision is invalid. Arbitrators may only award injunctive or declaratory relief to the party seeking relief. This is only for the party's claim.