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The Terms and Conditions of Service (this "Agreement") constitutes a legally binding contract between PremiumWebCart.com Vertical Marketing LLC ("PremiumWebCart.com") and the individual or entity (the "Client") who submits an order or pays for our services (the "Services").
The Services may include any one or more of the following elements, depending upon the package and options selected by the Client: (1) shopping Cart and e-commerce software to facilitate the sale of products and services by Client; (2) email marketing tools and services; (3) online advertising tools and services; and (4) affiliate marketing tools and services.
Certain of these Services may include additional third-party products or services that require the Client to accept the terms and conditions of the third party or to pay additional fees to such third party. Client agrees that it is wholly responsible for any such third party terms and conditions and third party fees.
PremiumWebCart.com will provide the Services ordered by the Client, subject to all of the terms, conditions and limitations applicable to the Services set forth on the website. The Client will pay for the Services at the price indicated in the order. All fees collected under this Agreement are fully earned when due and nonrefundable when paid and all fees due must be paid in United States dollars via credit card or other payment method acceptable to PremiumWebCart.com. Client agrees to provide its accurate name, mailing address, telephone and other contact information in Client's profile and to update such contact details as they may change.
PremiumWebCart.com reserves the right to change the prices for the Services at any time, and any such change in prices will be effective thirty (30) days after PremiumWebCart.com posts the change on its website.
The Client may use the Services only in accordance with this Agreement, applicable laws in the United States and the applicable laws of any other jurisdiction. The Client agrees that it will not use the Services to do any of the following: (1) engage in any illegal or tortuous activity; (2) sell or distribute illegal adult oriented content that features nudity, sexual acts or adult-themed material; (3) publish or distribute in any manner any content that is harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable to PremiumWebCart.com Corp in its sole discretion; or (4) violate the patent, copyright, trademark, trade secret or other intellectual property rights of any third party.
The Services will commence on the date Client's order is accepted by PremiumWebCart.com (the "Effective Date") and will continue on the basis of successive billing periods of thirty (30) days (the first day of each billing period being a "Billing Date") thereafter until terminated by either party. PremiumWebCart.com will charge the Client's credit card on each Billing Date for the billing period beginning on that date. If funds are not available or PremiumWebCart.com otherwise is unable to collect any fees when due, PremiumWebCart.com may continue to submit charges on Client's credit card from time to time until all fees due are paid. PremiumWebCart.com may suspend all or any portion of the Services at any time when fees are due and unpaid.
Any fees due under this Agreement are net of any sales or use taxes, all of which are the sole responsibility of Client. Clients who purchase Services with an annual billing arrangement may receive a refund for terminating the Services in the following circumstances:
In addition, any Client may receive a refund of 100% of the amount paid if Client terminates the Services within thirty (30) days or less after the Effective Date. However, Clients who are subscribed to monthly packages, who have surpassed the 30-day trial period, will not be entitled to a refund.
Client may terminate this Agreement at any time by giving PremiumWebCart.com notice at least seven (7) days prior to the next Billing Date. PremiumWebCart.com may also terminate this Agreement at any time by giving Client at least thirty (30) days prior notice. In addition, PremiumWebCart.com may terminate this Agreement immediately and without prior notice if Client is in breach of this Agreement. Following termination, the Client will have no right to use or access the Services. In its discretion, PremiumWebCart.com may permit a Client to recover data from the Services following termination after payment of additional fees.
If Client checked the box to participate in the PremiumWebCart.com affiliate marketing program, or has otherwise been accepted by PremiumWebCart.com to participate in such affiliate marketing program, the following provisions apply:
PremiumWebCart.com may give notice to Client of any matter under this Agreement (1) orally, by calling Client's representative or by leaving a voicemail for Client's representative at the telephone number in Client's profile, (2) by email to the email address provided by Client in Client's profile, or (3) by regular mail to Client's mailing address in Client's profile. Client may give notice to PremiumWebCart.com by regular or certified mail to the following address:
Provided, however, that Client may give notice of termination by contacting PremiumWebCart.com at support@PremiumWebCart.com.
Client agrees that PremiumWebCart.com may use data collected from the Client as permitted by the PremiumWebCart.com Privacy Policy, and PremiumWebCart.com agrees to use such data only as permitted by such Privacy Policy, the terms of which are incorporated herein by this reference as if fully stated herein.
The Client acknowledges that PremiumWebCart.com does not warrant, guarantee, imply, or predict any type or level of profit or response from the Services. The Services may be subject to interruptions, loss of data, deletion of data and conditions that prevent the proper operation of the Services resulting from conditions of events outside the reasonable control of PremiumWebCart.com and for which PremiumWebCart.com will bear no responsibility.
The Client irrevocably covenants, promises and agrees to indemnify PremiumWebCart.com and its affiliates, directors, employees, and assigns and to hold them harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature that they may sustain or to which they may become subject arising out of or relating in any way to the use of the Services, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against any such claims or enforcing the prerogatives of PremiumWebCart.com under this Agreement.
IN NO EVENT WILL THE LIABILITY OF PREMIUMWEBCART.COM UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY CLIENT DURING THE THREE (3) MONTH PERIOD BEFORE THE DATE ON WHICH SUCH LIABILITY AROSE. IN NO EVENT WILL PREMIUMWEBCART.COM BE LIABLE FOR ANY (A) LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF PREMIUMWEBCART.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLIENT ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, PREMIUMWEBCART.COM WOULD NOT ENTER INTO THIS AGREEMENT.
This Agreement shall be governed solely by the laws of the State of Illinois, excluding its principles of conflicts of laws. Any action under or relating to this Agreement shall be brought solely in the state and federal courts located in Illinois, with sole venue in the courts located in Cook County, and each party hereby submits to the personal jurisdiction of such Courts. Each party agrees that its performance under this Agreement shall in all respects conform to all applicable laws, rules, and regulations of the United States governing the export of technical information.
Customer may not assign this Agreement without the prior written permission of PremiumWebCart.com. Any purported assignment in violation of this will be void and without any effect. This Agreement may not be modified or amended except in writing, signed by both parties. Any purported oral modification or amendment of this Agreement in derogation of the foregoing shall be without any effect. Neither party may waive any right hereunder except expressly and in writing.
This Agreement is the entire agreement between the parties with respect to this subject matter, and it supersedes all prior and contemporaneous discussions, negotiations, communications, and agreements with respect thereto.
PremiumWebCart.com may amend this Agreement at any time by posting a revised version of the Agreement on its website, and such change will be effective at any time after the Client is advised of the change and continues to use or pay for the Services.
