WebStoreMax Service Agreement
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
You acknowledge that WebStoreMax will use the email address you provide as the primary method for communication.
You are responsible for keeping your password secure. WebStoreMax cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your WebStoreMax account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any term in the Terms of Service as determined in the sole discretion of WebStoreMax will result in an immediate termination of your services.
2. Account Activation
Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Upon completion of sign up for the Service, WebStoreMax will create a PayPal Express Checkout account on your behalf, using your email address. Depending on your location, WebStoreMax may also create a WebStoreMax Payments account on your behalf.
You acknowledge that PayPal Express Checkout and/or WebStoreMax Payments will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them.
Upon purchasing a domain name through WebStoreMax, domain registration will be preset to automatically renew each year so long as your WebStoreMax account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
3. General Conditions
You must read, agree with and accept all of the terms and conditions contained in this User Agreement before you may become a member of WebStoreMax.
Technical support is only provided to paying account holders and is only available via email.
You may not use the WebStoreMax service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of USA and the Province of New Jersey.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by WebStoreMax.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use WebStoreMax or WebStoreMax trademarks and/or variations and misspellings thereof
Questions about the Terms of Service should be sent to support@WebStoreMax.com.
You understand that your Store Content (not including credit card information), 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. Credit Card information is always encrypted during transfer over networks.
4. WebStoreMax Rights
We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Store Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any WebStoreMax customer, WebStoreMax employee, member, or officer will result in immediate account termination.
WebStoreMax does not pre-screen Store Content and it is in their sole discretion to refuse or remove any Store Content that is available via the Service.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that WebStoreMax employees and contractors may also be WebStoreMax customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
WebStoreMax retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, WebStoreMax reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
Limitation of Liability
You expressly understand and agree that WebStoreMax shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
In no event shall WebStoreMax or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, WebStoreMax partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
WebStoreMax does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
WebStoreMax does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
WebStoreMax does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
Waiver and Complete Agreement
The failure of WebStoreMax to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and WebStoreMax and govern your use of the Service, superseding any prior agreements between you and WebStoreMax (including, but not limited to, any prior versions of the Terms of Service)
Intellectual Property and Customer Content
We do not claim any intellectual property rights over the material you provide to the WebStoreMax service. All material you upload remains yours. You can remove your WebStoreMax store at any time by deleting your account. This will also remove all content you have stored on the Service.
By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow WebStoreMax to display and store your Store Content; and (c) that WebStoreMax can, at any time, review all the Store Content submitted by you to its Service.
You retain ownership over all Store Content that you upload to a WebStoreMax store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.
You retain ownership over all content that you submit to a WebStoreMax store however, by making your store public, you agree to allow others to view your content.
We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
WebStoreMax Experts is an online directory of independent third parties ("Experts") that can help you build and operate your WebStoreMax store. WebStoreMax does not employ Experts and is in no way affiliated with Experts.
WebStoreMax does not endorse Experts and takes no responsibility for any work performed by Experts or failure to fulfill a work order. Links to websites of Experts, announcements about services or offers, and responses to email inquiries regarding Experts, are provided solely for informational purposes at the discretion of WebStoreMax and shall not be construed or imply permission, or an affiliation, position regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation or endorsement of any website, product, service, activity, business, organization, or person, and any offers, products, services, statements, opinions, content or information on any linked third-party website.
Under no circumstances shall WebStoreMax be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and WebStoreMax experts. These limitations shall apply even if WebStoreMax has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.
Payment of Fees
A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
The service will be billed in 30 day intervals. When your billing period is over the Account Owner will be sent an invoice via the email provided. As well, an invoice will appear on the account page of your WebStoreMax administration console. Users have approximately two weeks to bring up and settle any issues with the billing.
All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
If you are a resident of USA or Canada, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of WebStoreMax’s products and services. These Taxes are based on the rates applicable to the American or Canadian billing address you provide to us. Such amounts are in addition to fees for such products and services and will be billed to the credit card you use to pay for the products and services. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of WebStoreMax’s products and services, including without limitation, your subscription to or purchase of WebStoreMax’s ecommerce services, point-of-sale services, point-of-sale equipment, apps, Themes and domains (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the U.S billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
If you are not a resident of Canada or the U.S., and not subject to Canadian or USA Goods and Services Tax/Harmonized Sales Tax (GST/HST) in respect of your subscription to or purchase of WebStoreMax’s products and services, you must provide us with a statement by email to accounting@WebStoreMax.com stating that: (i) you are not a resident of Canada or the U.S.; (ii) you are not GST/HST registered; and (iii) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in Canada when WebStoreMax’s products and services were made available to you. The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes applicable to your subscription to or purchase of WebStoreMax’s products and services, which will be billed to your credit card until after such time that you provide us with the information described above. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Canada or the U.S., you must advise us immediately by email to accounting@WebStoreMax.com.
WebStoreMax does not provide refunds.
Cancellation and Termination
You may cancel your account at anytime by emailing support@WebStoreMax.com and then following the specific instructions indicated to you in WebStoreMax's response.
Once cancellation is confirmed, all of your Store Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
If you purchased a domain name through WebStoreMax, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
We reserve the right to modify or terminate the WebStoreMax service for any reason, without notice at any time.
Fraud: Without limiting any other remedies, WebStoreMax may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Modifications to the Service and Prices
Prices for using WebStoreMax are subject to change upon 30 days notice from WebStoreMax. Such notice may be provided at any time by posting the changes to the WebStoreMax Site (WebStoreMax.com) or the administration menu of your WebStoreMax store via an announcement.
WebStoreMax reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
WebStoreMax shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
WebStoreMax may provide you with access to third party tools over which WebStoreMax neither monitors nor has any control or input.
You acknowledge and agree that WebStoreMax provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. WebStoreMax shall have no liability whatsoever arising from or relating to your use of optional third party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
WebStoreMax strongly recommends that merchants seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates merchants should charge end users.
14. DMCA Notice and Takedown Procedure
WebStoreMax supports the protection of intellectual property and asks WebStoreMax merchants to do the same. It's our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to WebStoreMax’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.