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PLEASE READ THIS USER AGREEMENT AND DISCLAIMER CAREFULLY. USE OF ANY OF KING CART SERVICES ARE CONTINGENT UPON YOUR AGREEMENT WITH THE FOLLOWING TERMS AND CONDITIONS. BY USING, REFERRING TO, OR DISPLAYING THE KING CART SERVICES LOGO, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS.
- General.
-
King Cart Services accepts the individual or entity creating a store subject to the
terms and conditions stated herein. User agrees to be bound by all of the terms and
conditions in the Agreement. King Cart reserves the right to alter its product
offerings at any time.
- Requirements.
-
User can provide a link on their website with an associated link to the entrance of
their store on our system, or if they do not have a web page, the front page of
their store can be accessed directly.
Any actions, products or services offered through our cart must be
legal in all states of the US. Any illegal activity reported to us can
result in immediate termination of your account. Any images displayed, or
offered for sell MUST be legal.
- Indemnity.
- You shall indemnify
TriMark and King Cart and its directors, officers, agents, employees, contractors, parents, affiliates,
or subsidiaries (collectively, the "Indemnified Parties") and hold the Indemnified Parties
harmless from and against any losses, costs, damages, and fees (including attorneys' fees)
incurred by the Indemnified Parties in connection
with:
- Any breach by the Indemnifying Party of any warranty or obligation under this Agreement or
- The Indemnifying Party's acts or omissions related to the use of the Service or it's documentation
(collectively, the "Indemnity Conditions").
Upon appropriate notice, You shall defend, at Your expense, any claim brought against one or more of the Indemnified
Parties based on or arising out of one or more of the Indemnity Conditions.
- Commissions.
-
User agrees to pay a commission to King Cart Systems for each and every completed
transaction processed by King Cart Services. The Commission structure will be as
follows:
• 25 cents(25 ¢) per transaction for the first 100 transactions in a month.
• 10 cents(10 ¢) per transaction for all transactions in excess of 100 during the month.
• Transaction fees will be paid monthly by User via his submitted credit card during the
first week of each billing period.
• For any month in which there are no transactions there will be no charge for that month.
• There is a $10 minimum billing for any month in which any transactions are processed for
carts requiring 10 Meg or less of space. Carts taking in excess of 10 Meg of space
(around 1000 items) will have a minimum billing which is $1 per meg of used space
(1 meg of space will normally accomodate several hundred products).
There will be no fees for the first 30 days of testing/use, or for the first 3
months if the turnkey solution with a merchant account and gateway are
signed up for.
- Change of Services.
-
King Cart Sytems may change the nature or prices of its services offered from
time to time and is under no obligation to maintain any specific level of service.
- Provision of Service.
-
User acknowledges the uncertainties surrounding the technology known as the
Internet. King Cart Services is not responsible for interruptions in service which
may occur from time to time and makes no warranty, either express or implied,
regarding the service provided its customers. All such warranties are expressly
excluded. In all cases and for whatever reasons, customer's sole remedy will be a
right to terminate this agreement.
- Spamming
-
Use of spam for advertising any store on our system is strictly forbidden. Never put a link to the King
Cart Services website in any mass email, such as an opt in mailing list. We reserve the
right to terminate any store upon notification of spamming done by the store owner or any of it's
agents.
- Limitation of Liability.
-
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES,
INCLUDING NEGLIGENCE, SHALL KING CART, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS
BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION
AND THE LIKE) ARISING OUT OF THE USE OF, RELIANCE UPON, OR INABILITY TO USE ANY OF
THE SERVICES PROVIDED BY KING CART SERVICES EVEN IF KING CART SERVICES OR ITS
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Term.
-
This Agreement shall remain in effect until terminated by either party, or
until the 30 day free trial has ended and the store removed from our system from
nonuse.
- Miscellaneous.
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This agreement is to be governed by applicable federal laws, and the laws and
regulations of the State of Tennessee. If any provision of this document is declared
to be illegal or in conflict with any law or regulation, that provision may be
deleted or modified, without affecting the validity of the remainder of the Agreement.
Notices to you shall be deemed given if sent to a valid email address provided to us
by you. Notices to us shall be deemed received in a similar manner.
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