Sales 4 Merchants
The following describes the terms on which Sales4Merchants.Com offers you access to our services.
Welcome to Sales4Merchants.Com. By using the services on the Sales4Merchants.Com websites (Sales4Merchants.Com.com, YourShopZone.Com, and other related websites where this agreement appears) (the “Sites”), you are agreeing to the following terms, including those available by hyperlink, (the "Agreement" or "Listing Agreement") with Sales4Merchants.Com Inc. and the general principles for the websites of our subsidiaries and our affiliates. If you have any questions, please refer to the Help section on the Sites.
Before you may become a member of Sales4Merchants.Com, you must read and accept all of the terms and conditions in, and linked to, this Listing Agreement and the Privacy Policy. We strongly recommend that, as you read this Listing Agreement, you also access and read the linked information. By accepting this Listing Agreement, you also agree that your use of some Sales4Merchants.Com-branded websites or websites we operate may be governed by separate Listing Agreements and privacy policies. To register, you must provide your real name, address, phone number, e-mail address, and valid credit card information. The agreement that applies on any of our domains and sub-domains is always the agreement that appears in the footer of each website.
This Agreement is effective on August 1, 2007, for current users, and upon acceptance for new users.
Using Sales4merchants.com
Abusing Sales4merchats.com
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time. Fees and ServicesJoining Sales4Merchants.Com and listing your items could be free depending on the Program you select. We do charge commissions once your item is sold, as well as for the use of variety of marketing services to promote your products. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Sales4Merchants.Com provide valuable service for online sellers at low or no cost. Once Seller is accepted into either one of our programs, we invest many man-hours to set up the account. That is why each program carries it’s own Minimum Service Requirement. Sellers in Program One must participate in our service for a minimum of 12 consecutive months. Sellers in Program Two must participate in our service for a minimum of 6 consecutive months. Penalty for leaving Program One prior to completing a Minimum Service Requirement is $180. Penalty for leaving Program Two prior to completing a Minimum Service Requirement is $90.Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the Sites. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Sites.
Sales4Merchants.Com provide valuable service for online sellers at low or no cost. Once Seller is accepted into either one of our programs, we invest many man-hours to set up the account. That is why each program carries it’s own Minimum Service Requirement. Sellers in Program One must participate in our service for a minimum of 12 consecutive months. Sellers in Program Two must participate in our service for a minimum of 6 consecutive months. Penalty for leaving Program One prior to completing a Minimum Service Requirement is $180. Penalty for leaving Program Two prior to completing a Minimum Service Requirement is $90.
Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the Sites. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Sites.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your Pay-Pal account balance.) Content License
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. Liability
You will not hold Sales4Merchants.com responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional reseller. Instead, the Sites are a venue to allow Sellers to offer, sell, and buy just about anything, at anytime, from anywhere. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, or that a buyer or seller will actually complete a transaction.
The Site and The Services are provided on ‘as is” basis. Sales4Merchants.Com makes no other representations or warranties of any kind, express or implied, including without limitations:
1. The implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
To the full extend permissible under the applicable law, Sales4Merchants.Com disclaims any and all warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100. Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Indemnity/Limitation of Liability
Limitation of Liability
SALES4MERCHANTS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PARTICIPATION AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Sales4Merchants.Com Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. For a complete description of how we use and protect your personal information, see the Sales4Merchants.Com Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services. No AgencyNo agency, partneship, joing venture, employee-employer or franchiser-franchisee relationship is inteded or created by this agreement. Notices
If a dispute arises between you and Sales4Merchants.Com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Sales4Merchants.Com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we, and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
· Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Sales4Merchants.Com must be resolved by a court located in Ventura County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Ventura County, California for the purpose of litigating all such claims or disputes.
· Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
· Improperly Filed Claims - All claims you bring against Sales4Merchants.Com must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Sales4Merchants.Com may recover attorneys' fees and costs up to $1000, provided that Sales4Merchants.Com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Each of these policies may be changed from time to time. Changes take effect when we post them on the Sites. When using particular services on the Sites, you are subject to any posted policies or rules applicable to services you use through the Sites.
Sales4Merchants.Com Inc. is located at 28720 Roadside Drive, 177, Agoura Hills, CA 91301.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Sales4Merchants.Com Message Center. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.
You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
