By using CommerceConversion.com (“CommerceConversion” or
the “Service”), you are agreeing to be bound by the following
terms and conditions (“Terms of Service”).
CommerceConversion reserves the right to update and change the Terms
of Service from time to time without notice. Any new features that augment
or enhance the current Service, including the release of new tools and
resources, shall be subject to the Terms of Service. Continued use of
the Service after any such changes shall constitute your consent to
such changes. You can review the most current version of the Terms of
Service at any time at: http://www.CommerceConversion.com/termsofservice.html
Violation of any of the terms below will result in the termination of
your account relating to the Service (the “Account”).
You must be 13 years or older to use the Service.
You must provide your legal full name, a valid email address, and any
other information requested in order to complete the signup process.
You are responsible for maintaining the security of your Account and
the accompanying password (the “Password”).
CommerceConversion cannot and will not be liable for any loss or damage
from your failure to comply with this security obligation.
You are responsible for all content posted (the “Content”)
and activity that occurs under your account.
You may not use the Service for any illegal or unauthorized purpose.
You must not, in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws).
All payments are handled through PayPal.com. Once billing is implemented,
you will be charged monthly for use of CommerceConversion, via a PayPal
subscription.
Each product, service, or package offered by CommerceConversion is tied
to a unique, separate PayPal subscription. Signing up for one product,
service or package does not take precedence over any other, or permit
you to cancel other subscriptions
The Service is billed in advance on a monthly basis and is non-refundable.
There will be no refunds or credits for partial months of service, upgrade/downgrade
refunds, or refunds for months unused with an open account.
All fees are exclusive of all taxes, levies, or duties imposed by taxing
authorities, and you shall be responsible for payment of all such taxes,
levies, or duties, excluding only United States (federal or state) taxes.
Downgrading your Service may cause the loss of Content, features, or
capacity of your Account. CommerceConversion does not accept any liability
for such loss.
All of your Content will be immediately deleted from the Service upon
cancellation. This information can not be recovered once your account
is cancelled.
If you cancel the Service before the end of your current paid up month,
your cancellation will take effect immediately and you will not be charged
again.
CommerceConversion, in its sole discretion, has the right to suspend
or terminate your Account and refuse any and all current or future use
of the Service, or any other CommerceConversion service, for any reason
at any time. Such termination of the Service will result in the deactivation
or deletion of your Account or your access to your Account, and the
forfeiture and relinquishment of all Content in your Account. CommerceConversion
reserves the right to refuse service to anyone for any reason at any
time.
CommerceConversion reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription
plan fees to the Service, are subject to change upon 30 days notice
from us. Such notice may be provided at any time by email notification,
with an explanation on where to go to modify your subscription.
We claim no intellectual property rights over the material you provide
to the Service. Your profile and materials uploaded remain yours.
CommerceConversion does not pre-screen Content, but CommerceConversion
and its designee have the right (but not the obligation) in their sole
discretion to refuse or remove any Content that is available via the
Service.
By providing CommerceConversion with your account and login information
for your Volusion account(s), Amazon account(s), and/or Shopping Comparison
Engine account(s), you’re agreeing to allow CommerceConversion
to login to your account(s), view all account information, modify any
other settings deemed necessary for automated interaction and otherwise
compatibility with the Servicve and/or send a data feed to that engine
on your behalf.
You understand that CommerceConversion is in no way associated with
any third party, including but not limited to Singlefeed, Google, Yahoo,
Amazon, Become.com, NexTag, PriceGrabber, Pronto, Shopping.com, Shopzilla,
TheFind.com, Smarter, or any shopping comparison engines.
You understand that Amazon provides no "sandbox" or testing
environment for uploaded feeds, that the only way to truly test a feed
is by uploading it to your Amazon account and making it live, and that
this could potentially result in unwanted listings being live on your
Amazon account for brief periods of time. You understand that this is
a limitation caused by Amazon, and that CommerceConversion will attempt
to minimize the amount of time unwanted data is live on Amazon.
CommerceConversion does not guarantee any particular placement or position
on the shopping comparison engines.
CommerceConversion does not manage bidding on the shopping comparison
engines. CommerceConversion does not guarantee any particular placement,
position, or sale conversion rate in Amazon.
CommerceConversion is not a full service agency and does not sign up
for the shopping comparison engines on your behalf. Users must create
accounts with any/all shopping comparison engines they are interested
in using.
Technical support is provided to paying account holders and is available
via email, phone, or IM (we try to respond within 24 hours).
You must not modify, adapt or hack the Service or modify another website
so as to falsely imply that it is associated with the Service, CommerceConversion,
or any other CommerceConversion service.
CommerceConversion has the right to access, index, cache or crawl the
URL(s), the Content itself, or any portion thereof in connection with
CommerceConversion’s authorized use of the Content.
CommerceConversion has the right to create its own shopping comparison
engine based on feeds submitted to CommerceConversion.
CommerceConversion owns the website through which the Service is offered
(the “Website”), the Service, the software underlying the
Website and Service and all intellectual property rights related thereto
including, without limitation, the mark “CommerceConversion”.
You agree not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Service, use the Service, or access to the Service
without the express written permission by CommerceConversion.
You shall not post any Content that is unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable
or violates any party’s intellectual property or these Terms of
Service (“Offending Content”). CommerceConversion has the
right (but not the obligation) to remove any Content that it deems,
in its sole discretion, to be Offending Content. You agree to indemnify,
defend and hold CommerceConversion harmless against all claims, damages,
losses, settlements and expenses (including attorney fees) that result
from your posting of Offending Content.
Verbal, physical, written or other abuse (including threats of abuse
or retribution) of any CommerceConversion customer, employee, member,
or officer will result in immediate termination of your Account..
You understand that the technical processing and transmission of the
Service, including your Content, may be transferred unencrypted and
involve (a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting networks or
devices.
You must not transmit any worms or viruses or any code of a destructive
nature.
YOUR USE OF THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. COMMERCE
CONVERSION HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,BUT
NOT LIMITED TO WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR
PURPOSE, NONINFRINGEMENT AND TITLE AND ANY WARRANTIES ARISING FROM A
COURSE OF DEALING, USAGE OR TRADE PRACTICE. COMMERCE CONVERSION WILL
NOT BE LIABLE FOR ANY LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS,
LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, INCIDENTAL, PUNITIVE, INDIRECT
OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, OR INTERRUPTION OF BUSINESS,
EVEN IF COMMERCE CONVERSION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
WHETHER UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
IN ANY EVENT, COMMERCE CONVERSION’S MAXIMUM LIABIILITY IN CONNECTION
WITH YOUR USE OF THE SERVICE WILL BE LIMITED TO THE TOTAL AMOUNT PAID
BY YOU TO COMMERCE CONVERSION FOR THE SERVICE DURING THE PRIOR TWELVE
(12) MONTH PERIOD.
These Terms of Service constitutes the entire agreement between you
and CommerceConversion and govern your use of the Service, superseding
any prior agreements between you and CommerceConversion (including,
but not limited to, any prior versions of the Terms of Service).
These Terms of Service will be governed by the laws of the State of
New York(except that body of law controlling conflicts of law). Any
dispute relating to the terms, interpretation or performance of this
Agreement shall be heard in (and only in) the federal and state courts
located in Kings County, New York.
The failure of CommerceConversion to exercise or enforce any right or
provision of the Terms of Service shall not constitute a waiver of such
right or provision.
Questions about the Terms of Service should be sent to support via the
contact form available on http://www.CommerceConversion.com.