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Cartsupport.com Shopping Cart Server
WARRANTY and DISCLAIMER
TERMS APPLICABLE WHEN LICENSE FEES PAID
NO LICENSE IS GRANTED WITHOUT FULL ADVANCE PAYMENT OF LICENSING
FEE.
GRANT. Subject to payment of
applicable license fees, Oakland Group, Inc. and 800Cart
Corporation hereby
grants to you a non-exclusive license to use its accompanying software product,
the 800Cart
Universal Shopping Cart Server ("Software") and documentation in the
manner described below under "Scope of Grant," subject to the terms herein.
LIMITED WARRANTY. Oakland Group, Inc. and 800Cart
Corporation warrants that for a period of
ninety (90) days from the date of acquisition, the Software, if operated
as directed, will substantially achieve the functionality described.
Oakland Group, Inc. and 800Cart
Corporation does not warrant, however, that your use of the
Software will be uninterrupted or that the operation of the Software will
be error-free or secure. In addition, the security mechanism implemented
by the Software has inherent limitations, and you must determine that the
Software sufficiently meets your requirements. You agree to follow the
security practices recommended on our Security Page, available by clicking 'Security'
in the left menu of your cart control panel.
The service is provided on
an "as is, as available" basis. The provider gives no warranty, expressed or
implied, for the services provided, including, without limitation, warranty of
merchantability and warranty of fitness for a particular purpose. This no
warranty expressly includes any reimbursement for losses of income due to
disruption of service by provider or its providers beyond the fees paid by
client to provider for services.
You will defend, indemnify and hold
harmless 800Cart
, Cartsupport.com and Oakland Group, Inc., its officers,
directors, employees, agents, assigns, affiliates, associates, partners, and
third parties, for any losses, costs, liabilities and expenses (including
reasonable attorneys' fees) relating to or arising out of your use of the
service, any of your postings, and any breach by you of the terms of this
agreement. Your indemnification obligations survive termination of this
agreement.
Oakland Group, Inc. and 800Cart
Corporation is not a credit card issuer, does not operate a
credit card network, and does not control or have input to your status
as a credit card merchant. Oakland Group, Inc. and 800Cart
Corporation
acts merely as a communications
resource, helping Consumers place orders with Merchants, then conveying
certain transaction information to the Merchants' credit card processing
network.
Oakland Group, Inc. and 800Cart
Corporation also warrants that the media (if provided) containing
the Software, if provided by Oakland Group, Inc., is free from defects
in material and workmanship and will so remain for ninety (90) days from
the date you acquired the Software. Oakland Group, Inc.'s sole liability
for any breach of this warranty shall be, in Oakland Group, Inc.’s sole
discretion: (i) to replace your defective media; or (ii) to advise you
how to achieve substantially the same functionality with the Software as
described in the Documentation through a procedure different from that
set forth in the Documentation; or (iii) if the above remedies are impracticable,
to refund the license fee you paid for the Software.
Repaired, corrected, or replaced Software and Documentation shall be
covered by this limited warranty for the period remaining under the warranty
that covered the original Software, or if longer, for thirty (30) days
after the date (a) of shipment to you of the repaired or replaced Software,
or (b) Oakland Group, Inc. and 800Cart
Corporation advised you how to operate the Software so as
to achieve the functionality described in the Documentation. Only if you
inform Oakland Group, Inc. and 800Cart
Corporation of your problem with the Software during the
applicable warranty period and provide evidence of the date you purchased
a license to the Software will Oakland Group, Inc. and 800Cart
Corporation be obligated to honor
this warranty. Oakland Group, Inc. and 800Cart
Corporation will use reasonable commercial efforts
to repair, replace, advise or refund pursuant to the foregoing warranty
within 30 days of being so notified.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY
OAKLAND GROUP, INC.
Oakland Group, Inc. and 800Cart
Corporation MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY
OF NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. THE DURATION OF IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS
FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD;
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
SO LIMITATIONS MAY NOT APPLY TO YOU. NO Oakland Group, Inc. and 800Cart
Corporation
DEALER, AGENT,
OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS
TO THIS WARRANTY.
If any modifications are made to the Software by you during the warranty
period; if the media is subjected to accident, abuse, or improper use;
or if you violate the terms of this Agreement, then this warranty shall
immediately be terminated. This warranty shall not apply if the Software
is used on or in conjunction with hardware or Software other than the unmodified
version of hardware and Software with which the Software was designed to
be used as described in the Documentation.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER
LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF GRANT. You may: use the Software on any single computer; provide
access to use of the Software through a network; use the Software on a
network; provided that each Merchant providing access to the Software through
the network must have licensed use; use the Software on a second
computer so long as only one copy is simultaneously; or copy the Software
for archival purposes, provided any copy must contain all of the original
Software’s proprietary notices.
You may not: permit other individuals to use the Software except
under the terms listed above; modify, translate, reverse engineer, decompile,
disassemble (except to the extent applicable laws specifically prohibit
such restriction), or create derivative works based on the Software; copy
the Software (except as specified above); rent, lease, transfer or otherwise
transfer rights to the Software; or remove any proprietary notices or labels
on the Software. In order to protect our licensing agreement, and since
the nature of the perl programming language requires that the source code
be distributed for functionality of the product, some distributions may
contain a routine which reports the server being used to the software author(s).
This routine reports no other information than the name of the server where
the software is being run. Licensee agrees that they will not remove this
routine from their distribution of the software, if present.
TITLE. Title, ownership rights, and intellectual property rights
in the Software shall remain in Oakland Group, Inc. and 800Cart
Corporation and/or its suppliers.
The Software is protected by the copyright laws and treaties. Title and
related rights in the content accessed through the Software is the property
of the applicable content owner and may be protected by applicable law.
This License gives you no rights to such content.
TERMINATION. The license will terminate automatically if you fail
to comply with the limitations described herein. On termination, you must
destroy all copies of the Software and Documentation. Failure to read this
license agreement implies complete agreement with all its terms and does
not excuse the user from from all obligations set forth herein.
EXPORT CONTROLS. None of the Software or underlying information
or technology may be downloaded or otherwise exported or reexported (i)
into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North
Korea, Iran, Syria or any other country to which the U.S. has embargoed
goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially
Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.
By downloading or using the Software, you are agreeing to the foregoing
and you are representing and warranting that you are not located in, under
the control of, or a national or resident of any such country or on any
such list.
In addition, if the licensed Software is identified as a not-for-export
product (for example, on the box, media or in the installation process),
then the following applies: EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA
BY CANADIAN CITIZENS, THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT
BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY FOREIGN ENTITY OR "FOREIGN
PERSON" AS DEFINED BY U.S. GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION,
ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE
UNITED STATES. BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE AGREEING TO
THE FOREGOING AND YOU ARE WARRANTING THAT YOU ARE NOT A "FOREIGN PERSON"
OR UNDER THE CONTROL OF A FOREIGN PERSON.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Oakland Group, Inc. and 800Cart
Corporation OR ITS
SUPPLIERS OR RESELLERS 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.
IN NO EVENT WILL Oakland Group, Inc. and 800Cart
Corporation BE LIABLE FOR ANY DAMAGES IN EXCESS
OF OAKLAND GROUP, INC.’S LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN
IF Oakland Group, Inc. and 800Cart
Corporation SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
MISCELLANEOUS. This Agreement represents the complete agreement
concerning this license and may amended only by a writing executed by both
parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY
MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT
THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held
to be unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. This Agreement shall be governed by Nevada
law (except for conflict of law provisions). The application the United
Nations Convention of Contracts for the International Sale of Goods is
expressly excluded.
OTHER WARNINGS AND CAUTIONS
These programming provided by
Oakland Group, Inc. and 800Cart
Corporation are intended to help
automate routine retail finance and fulfillment tasks. They ARE NOT a
substitute for common business sense and are not intended to help reduce
business risk in any way. We suggest that you deploy each feature (such
as credit card batch processing support) separately, ensure that it is
working to your satisfaction, and then deploy another feature.
Oakland Group, Inc. and 800Cart
Corporation
accepts no responsibility for changes you may make
to these documents, executables, templates, samples, and examples.
These documents and executables reflect many standard business practices
which you are free to use or change as you wish. For instance, if you wish
to accept UPS orders shipped to PO boxes, that is you affair, but UPS has
trouble delivering to PO boxes and changes of this nature are your responsibility.
Oakland Group, Inc. and 800Cart
Corporation is located at 626 South Arroyo Parkway, Suite 124, Pasadena, CA
91105, USA. Phone:
800-448-2772 License and
Agreement
ACCEPTANCE OF TERMS.
The services that 800Cart
, Cartsupport.com and Oakland Group, Inc. provides to you are subject to the following Terms
of Use ("TOU"). 800Cart
, Cartsupport.com and Oakland Group, Inc. reserves the right to update
or change the TOU at any time
without notice to you. This is most current version of the TOU.
DESCRIPTION OF SERVICES.
Through its network of Web properties, 800Cart
, Cartsupport.com and Oakland
Group, Inc. provides you with access to a
variety of resources, including developer tools, merchant services and
e-commerce services, shopping cart, download areas, communication forums and
product information (collectively "Services"). The Services, including any
updates, enhancements, new features, and/or the addition of any new Web
properties, are subject to the TOU.
REVOCATION
800Cart
, Cartsupport.com and Oakland Group, Inc. reserve the
right to terminate any account at any time, with or without cause or notice.
PERSONAL AND COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal and
commercial use. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, software, products or services obtained
from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the
Privacy Statement disclosures relating to the collection and use of your
information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Services
("Software") is the copyrighted work of 800Cart
, Cartsupport.com
and Oakland Group, Inc. and/or its suppliers. Use of
the Software is governed by the terms of the end user license agreement, if
any, which accompanies or is included with the Software ("License
Agreement"). An end user will be unable to install any Software that is
accompanied by or includes a License Agreement, unless he or she first
agrees to the License Agreement terms.
The Software is made available for download solely for use by end users
according to the License Agreement. Any reproduction or redistribution of
the Software not in accordance with the License Agreement is expressly
prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, 800Cart
,
Cartsupport.com and Oakland Group, Inc. HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, 800Cart
, Cartsupport.com and Oakland
Group, Inc. MAY MAKE AVAILABLE AS PART OF THE SERVICES
OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD.
800Cart
, Cartsupport.com and Oakland Group, Inc. DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE
RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND
UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN
USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN 800Cart
,
Cartsupport.com and Oakland Group, Inc.
SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the
Services for or on behalf of the United States of America, its agencies
and/or instrumentalities ("U.S. Government"), is provided with Restricted
Rights. Use, duplication, or disclosure by the U.S. Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer Software -
Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is
800Cart
, Cartsupport.com and Oakland Group, Inc. Corporation.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press releases,
datasheets and FAQs) from the Services is granted, provided that (1) the
below copyright notice appears in all copies and that both the copyright
notice and this permission notice appear, (2) use of such Documents from the
Services is for informational and non-commercial or personal use only and
will not be copied or posted on any network computer or broadcast in any
media, and (3) no modifications of any Documents are made. Accredited
educational institutions, such as K-12, universities, private/public
colleges, and state community colleges, may download and reproduce the
Documents for distribution in the classroom. Distribution outside the
classroom requires express written permission. Use for any other purpose is
expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the
800Cart
, Cartsupport.com and Oakland Group, Inc. .com
Web site or any other 800Cart
, Cartsupport.com and Oakland Group, Inc. owned, operated, licensed or controlled site.
Elements of 800Cart
, Cartsupport.com and Oakland Group, Inc. Web sites are protected by trade dress, trademark,
unfair competition, and other laws and may not be copied or imitated in
whole or in part. No logo, graphic, sound or image from any 800Cart
,
Cartsupport.com and Oakland Group, Inc. Web site
may be copied or retransmitted unless expressly permitted by 800Cart
,
Cartsupport.com and Oakland Group, Inc. .
800Cart
, Cartsupport.com and Oakland Group, Inc. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH
DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND. 800Cart
, Cartsupport.com and Oakland Group, Inc. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT
SHALL 800Cart
, Cartsupport.com and Oakland Group, Inc. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. 800Cart
, Cartsupport.com and
Oakland Group, Inc. AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE
PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS
WEB SITE.
IN NO EVENT SHALL 800Cart
, Cartsupport.com and Oakland Group, Inc. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must complete
the registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form. You also will
choose a password and a user name. You are entirely responsible for
maintaining the confidentiality of your password and account. Furthermore,
you are entirely responsible for any and all activities that occur under
your account. You agree to notify 800Cart
, Cartsupport.com and Oakland
Group, Inc. immediately of any unauthorized
use of your account or any other breach of security. 800Cart
,
Cartsupport.com and Oakland Group, Inc. will not be
liable for any loss that you may incur as a result of someone else using
your password or account, either with or without your knowledge. However,
you could be held liable for losses incurred by 800Cart
, Cartsupport.com and
Oakland Group, Inc. or another party due
to someone else using your account or password. You may not use anyone
else's account at any time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services
for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Services in any manner that could damage,
disable, overburden, or impair any 800Cart
, Cartsupport.com and Oakland
Group, Inc. server, or the network(s)
connected to any 800Cart
, Cartsupport.com and Oakland Group, Inc. server, or interfere with any other party's use and
enjoyment of any Services. You may not attempt to gain unauthorized access
to any Services, other accounts, computer systems or networks connected to
any 800Cart
, Cartsupport.com and Oakland Group, Inc. server or to any of the Services, through hacking, password
mining or any other means. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available
through the Services.
USE OF SERVICES.
The Services may contain e-mail services, bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars,
photo albums, file cabinets and/or other message or communication facilities
designed to enable you to communicate with others (each a "Communication
Service" and collectively "Communication Services"). You agree to use the
Communication Services only to post, send and receive messages and material
that are proper and, when applicable, related to the particular
Communication Service. By way of example, and not as a limitation, you agree
that when using the Communication Services, you will not:
- Use the Communication Services in connection with surveys, contests,
pyramid schemes, chain letters, junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name, material
or information.
- Upload, or otherwise make available, files that contain images,
photographs, software or other material protected by intellectual property
laws, including, by way of example, and not as limitation, copyright or
trademark laws (or by rights of privacy or publicity) unless you own or
control the rights thereto or have received all necessary consent to do
the same.
- Use any material or information, including images or photographs,
which are made available through the Services in any manner that infringes
any copyright, trademark, patent, trade secret, or other proprietary right
of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs
that may damage the operation of another's computer or property of
another.
- Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Services specifically allows
such messages.
- Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally reproduced,
displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in
a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the
Communication Services.
- Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including
e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee)
to a person or entity any directory of users of the Services or other user
or usage information or any portion thereof.
800Cart
, Cartsupport.com and Oakland Group, Inc. has no obligation to monitor the Communication Services. However,
800Cart
, Cartsupport.com and Oakland Group, Inc. reserves the right to review materials posted to the Communication
Services and to remove any materials in its sole discretion. 800Cart
,
Cartsupport.com and Oakland Group, Inc.
reserves the right to terminate your access to any or all of the
Communication Services at any time, without notice, for any reason
whatsoever.
800Cart
, Cartsupport.com and Oakland Group, Inc. reserve the right at all times to disclose any information as
800Cart
, Cartsupport.com and Oakland Group, Inc. deems necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in 800Cart
, Cartsupport.com
and Oakland Group, Inc.'s sole discretion.
Always use caution when giving out any personally identifiable
information about yourself or your children in any Communication Services.
800Cart
, Cartsupport.com and Oakland Group, Inc. does not control or endorse the content, messages or information
found in any Communication Services and, therefore, 800Cart
, Cartsupport.com
and Oakland Group, Inc. specifically
disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Services.
Managers and hosts are not authorized 800Cart
, Cartsupport.com and Oakland
Group, Inc. spokespersons, and their views
do not necessarily reflect those of 800Cart
, Cartsupport.com and Oakland
Group, Inc.
Materials uploaded to the Communication Services may be subject to posted
limitations on usage, reproduction and/or dissemination; you are responsible
for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO 800Cart
, Cartsupport.com and
Oakland Group, Inc. OR POSTED AT ANY 800Cart
, Cartsupport.com and
Oakland Group, Inc. WEB SITE.
800Cart
, Cartsupport.com and Oakland Group, Inc. does not claim ownership of the materials you provide to
800Cart
, Cartsupport.com and Oakland Group, Inc.
(including feedback and suggestions) or post, upload, input or submit to any
Services or its associated services for review by the general public, or by
the members of any public or private community, (each a "Submission" and
collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting ("Posting") your Submission you are granting
800Cart
, Cartsupport.com and Oakland Group, Inc. , its affiliated companies and necessary sublicensees permission to
use your Submission in connection with the operation of their Internet
businesses (including, without limitation, all 800Cart
, Cartsupport.com and
Oakland Group, Inc. Services), including,
without limitation, the license rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; to publish your name in connection with your Submission;
and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission,
as provided herein. 800Cart
, Cartsupport.com and Oakland Group, Inc. is under no obligation to post or use any
Submission you may provide and 800Cart
, Cartsupport.com and Oakland Group,
Inc. may remove any Submission at any time
in its sole discretion.
By Posting a Submission you warrant and represent that you own or
otherwise control all of the rights to your Submission as described in these
Terms of Use including, without limitation, all the rights necessary for you
to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by
Posting a Submission that contain images, photographs, pictures or that are
otherwise graphical in whole or in part ("Images"), you warrant and
represent that (a) you are the copyright owner of such Images, or that the
copyright owner of such Images has granted you permission to use such Images
or any content and/or images contained in such Images consistent with the
manner and purpose of your use and as otherwise permitted by these Terms of
Use and the Services, (b) you have the rights necessary to grant the
licenses and sublicenses described in these Terms of Use, and (c) that each
person depicted in such Images, if any, has provided consent to the use of
the Images as set forth in these Terms of Use, including, by way of example,
and not as a limitation, the distribution, public display and reproduction
of such Images. By Posting Images, you are granting (a) to all members of
your private community (for each such Images available to members of such
private community), and/or (b) to the general public (for each such Images
available anywhere on the Services, other than a private community),
permission to use your Images in connection with the use, as permitted by
these Terms of Use, of any of the Services, (including, by way of example,
and not as a limitation, making prints and gift items which include such
Images), and including, without limitation, a non-exclusive, world-wide,
royalty-free license to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Images
without having your name attached to such Images, and the right to
sublicense such rights to any supplier of the Services. The licenses granted
in the preceding sentences for a Images will terminate at the time you
completely remove such Images from the Services, provided that, such
termination shall not affect any licenses granted in connection with such
Images prior to the time you completely remove such Images. No compensation
will be paid with respect to the use of your Images.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to Service Provider's
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL
NOT RECEIVE A RESPONSE.
ACCOUNT ABANDONMENT AND DELETION
800Cart
, Cartsupport.com and Oakland Group, Inc. gives priority to active merchants who are actively engaged in selling their products online. If you do not have sales or site
visitors who actively shop your site at least once every 60 Days, then we
regard your site as inactive or abandoned. To ensure fair treatment
and good database performance for our active customers, we may delete your
data if your account appears inactive or abandoned. We reserve the
right to delete accounts and/or data that appear unused for longer
than 60 Days. This preserves database performance for merchants who
are actually using the system. No notice is given if this is done.
If you have a site that is not used frequently, then once every month, or
once every 60 days, you should visit your web site and 'purchase' one of
your products, simply depositing that product in the cart (you do not need
to check out). This will update the 'date-cart-last-used' date in our
database an prevent your product data and/or cart from being deleted.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE 800Cart
, Cartsupport.com and
Oakland Group, Inc.'s SITE. THE LINKED SITES
ARE NOT UNDER THE CONTROL OF 800Cart
, Cartsupport.com and Oakland Group,
Inc. AND 800Cart
, Cartsupport.com and Oakland Group, Inc. IS NOT RESPONSIBLE FOR THE
CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. 800Cart
, Cartsupport.com and Oakland
Group, Inc. IS NOT RESPONSIBLE FOR WEBCASTING
OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. 800Cart
,
Cartsupport.com and Oakland Group, Inc. IS
PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY
LINK DOES NOT IMPLY ENDORSEMENT BY 800Cart
, Cartsupport.com and Oakland
Group, Inc. OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
800Cart
, Cartsupport.com and Oakland Group, Inc. OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS,
INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS
OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES.
PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER
WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL
MISUNDERSTANDINGS OR DISPUTES WHEN 800Cart
, Cartsupport.com and Oakland
Group, Inc. 'S PRODUCTS OR MARKETING
STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO 800Cart
, Cartsupport.com
and Oakland Group, Inc. . SO, PLEASE DO
NOT SEND YOUR UNSOLICITED IDEAS TO 800Cart
, Cartsupport.com and Oakland
Group, Inc. OR ANYONE AT 800Cart
, Cartsupport.com and Oakland Group,
Inc. . IF, DESPITE
OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND
THEM, PLEASE UNDERSTAND THAT 800Cart
, Cartsupport.com and Oakland Group,
Inc. MAKES NO ASSURANCES THAT YOUR IDEAS AND
MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
Traffic Surcharges
800Cart
, Cartsupport.com and Oakland Group, Inc. will apply traffic
surcharges to high activity accounts. This is done in fairness to all
users and to fairly allocate costs to the merchants who accrue the most
benefits from using the system. This is done by examining the top 3%
of highest activity merchants and allocating a segment of costs among these
merchants, fairly allocating the highest use of resources among the
merchants who have the most activity with demonstrated commensurate ability
to pay.
Availability Quota
Service for free carts is provided on a 'capacity available' basis with
available capacity for servicing free carts computed on a real-time, dynamic
basis. A dynamic service quota is provided to each free cart. If
the free cart activity exceeds the quota provided, service for that cart
will be curtailed until capacity to service that cart exists as demand for
advanced carts falls. When capacity is again available to service free
carts, requests for free cart service will again be honored. Upgraded
or advanced carts are not exposed to quota limitations.
Annual Fee
An annual membership continuation license fee is charged for every
shopping cart cart during the month of the first and subsequent anniversary after joining the service.
Excess Products Charge
Merchants who add more products to their account than indicated on our
pricing schedule may do so, but are assessed an excess products fee.
Managing your product count wisely is highly recommended. Adding
options 'Product Doubler' or 'Extra 1000 products' on the upgrades page will
almost always be cheaper that letting your product count get out of control
and paying the Excess Product Fee instead. Merchants are encouraged to
upgrade or to add the above options to get the product count they need.
PAYMENT FOR SERVICES
We never ask for your credit card information
for verification purposes. You give us your credit card information
via the online form only for the express purpose of paying for our
upgraded services. 800Cart
, Cartsupport.com and Oakland Group, Inc. provide a
FREE level of service which you are free to use at no charge. If you
choose to upgrade from the free service, you agree to be liable to pay, and
will pay, all scheduled fees for the upgraded services you subscribe to.
We will never assess a charge to you without obtaining prior agreement which
you signify by operating the specified web page control (such as
click-buttons) which specify that
you are obligated to pay for the service.
Clicking the control to start the service signifies your agreement. Charges are monthly and ongoing until you terminate the service with us.
You agree to pay all fees described for the service level you
subscribe to. To ensure that your e-commerce does not get cancelled
against your desire by an unauthorized third party, we require
authentication to close an account. See our Payment Policy for information
regarding billing cycles, automatic termination for non-payment, etc.
800Cart
, Cartsupport.com and Oakland Group, Inc. reserve the right to
withdraw free services at any time with no notice.
TRADEMARKS
800Cart
, Cartsupport.com and Oakland Group, Inc., CartSupport.com,
and/or other 800Cart
, Cartsupport.com and Oakland Group, Inc. products referenced herein are either registered
trademarks or trademarks of 800Cart
, Cartsupport.com and Oakland Group, Inc. in the U.S. and/or other
countries. The names of actual companies and products mentioned herein may
be the trademarks of their respective owners. The example companies,
organizations, products, domain names, email addresses, logos, people and
events depicted herein are fictitious. No association with any real company,
organization, product, domain name, e-mail address, logo, person, or event
is intended or should be inferred.
COMMUNICATIONS
800Cart
, Cartsupport.com and Oakland Group, Inc., CartSupport.com,
and/or other 800Cart
, Cartsupport.com and Oakland Group, Inc. entities,
including our resellers and associates provide services that affect your
revenues. As such, from time to time we may need to place critical
information in your hands that affects your business, your revenues and your
ability to do business through our resources. You therefore agree to
indemnify us and hold us harmless for any damages arising from our
communications via email or otherwise with you. This is not a
guarantee that we will advise you of all conditions or events affecting your
business or your e-commerce and you will likewise indemnify us and hold us
harmless if we do not communicate salient facts to you.
COPYRIGHT NOTICE
Copyright ©
2001 800Cart
, Cartsupport.com and Oakland Group, Inc. All rights
reserved.
Any rights not expressly granted herein are reserved.
Send your questions to the appropriate contact as listed below:
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