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MyStoreMaps User
Agreement
Welcome to the User Agreement for MyStoreTool.’s MyStoreMaps Service (Map(s)
Service). The following describes the terms on which MyStoreCredit
offers you
access to our Map(s) Services.
This agreement describes the terms and conditions applicable to your use of our
Map(s) Services available under the domain of www.MyStoreCredit.com
and the general principles for the Web site. If you do not agree
to be bound by the terms and conditions of this agreement, please
do not use or access our services.
If you have any questions, please refer to our Map
Frequently Asked Questions.
You must read, agree with and accept all of the terms
and conditions contained in this user agreement and the Map Privacy
Policy, which include those terms and conditions expressly set out
below and those incorporated by reference, before you may become
a user of MyStoreCredit.
We may amend this agreement at any time by posting
the amended terms on MyStoreCredit. Except as stated below, all amended
terms shall automatically be effective 30 days after they are initially
posted on our site. In addition, we will notify you of any changes
via e-mail. This agreement may not be otherwise amended except in
writing signed by you and MyStoreCredit, Inc.
This agreement is effective on May 15, 2004.
| 1. |
Membership eligibility |
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ur services are available only to individuals who can form legally binding contracts
under applicable law. Without limiting the foregoing, our services
are not available to minors or to temporarily or indefinitely
suspended MyStoreCredit members. Your MyStoreCredit account and
User ID may not be transferred or sold to another party. If you
are registering as a business entity, you represent that you
have the authority to bind the entity to this agreement. You
can register for more than one User ID but you may only use the
MyStoreCredit service with registered User IDs. |
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| 2. |
MyStoreMaps Service Fees and services |
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Our Fees and Credits Policy are
incorporated by reference.
Fees and Credits Policy
Annual Fee:
Our Map(s) Service is offered on an
annual basis. You may choose one or more maps to use for
our Map(s) Service. For any one, two, three or all maps the
cost
will be USD$69.95.
The Annual Fee provides you with the right to have MyStoreCredit administer your
map as outlined on our site and in our User Agreement. Specifically,
we will send you a Displayed Text file with HTML code to
post on your sale listings. This Displayed Text file will
include your unique map image showing where you have shipped
to customers. You will post this Displayed Text file on any
or all your listing/selling page(s) or you can use MyStoreCredit.com
to post the image. At the conclusion of your listings, MyStoreCredit
will evaluate each of your sales and capture the address
information for the buyer. We will use this information to
update your Map(s). Updates will generally occur on a daily
basis.
For MyStoreMaps and MyStoreCredit, you will be billed the annual fee once per
year which covers up to 7,500 eBay store and auction listings.
Any month your listings exceed 7,500 eBay listings within
your first year, you will be billed another $29.95. A detailed discussion and review of our fees can be read on our FAQ pages under:
What does the Map Service cost?
We may change our Fees and Credits Policy
and the fees for our services from time to time. Our changes
to the policy are effective after we provide you with at least
fourteen (14) days' notice of the changes by posting the changes
on the announcements board or sending you an e-mail notice.
However, we may choose to temporarily change our Fees and Credits
Policy and the fees for our services for promotional events.
Such changes are effective when we post the temporary promotional
event on the announcements board.
Unless otherwise stated, all fees are
quoted in U.S. Dollars. You are responsible for paying all
fees associated with using our service and our Web site and
all applicable taxes. Payments are accepted through PayPal®,
payable to payments@mystorecredit.com.
If you are offered a free trial for our
Map service by a third party organization or service, the terms
of that offer including any fees for our service and specific
privacy policies for our service will be listed separately
under that special offer. You agree to be bound by the terms
of that special offer as associated with the offering organization.
Price Guarantee:
You may cancel your use of MyStoreCredit’s MyStoreMaps at
any time within 90 days of your sign-up and you will receive
a full
refund of your fees paid to us. To cancel,
send an email to billing@mystorecredit.com with the subject "Guarantee
Refund Request" and provide your eBay User ID. Your refund will be sent to you via PayPal®. Refunds
are not allowed after 90 days.
Annual Renewal:
30 days prior to your annual subscription renewal date, you
will receive an email invoice for the then current annual
fees for your selected Map(s) Service. You must pay this
invoice
within 30 days of receipt or your service will automatically
default. |
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| 3. |
Breach |
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Without limiting other remedies, we may require you to remove any postings of
our Map(s) service on any of your listings, and we may request
you cease any additional postings of our Map(s) Service on
any future listings you make, and we may notify eBay’s VERO
program of your infringement on our Map(s) and seek to have
your auction listing removed and we may alter the Map(s) we
provide you and we may temporarily suspend, indefinitely suspend
or terminate your membership and refuse to provide our services
to you if:
- you breach this Agreement or the documents it incorporates
by reference;
- we are unable to verify or authenticate any information
you provide to us; or
- we believe that your actions may cause financial loss
or legal liability for you, buyers or us.
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Privacy |
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We use your personal information, including transaction information, only as
described in the Privacy Policy. We view protection of users'
privacy as a very important business principle. We understand
clearly that you and your information are one of our most important
assets. We store and process your information on computers located
in the United States that are protected by physical as well as
technological security devices. For more information, please
read the MyStoreCredit Privacy Policy. If you object to your
Information being transferred or used in this way please do not
use our services. |
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| 5. |
No warranty |
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We, our subsidiaries, employees and our suppliers provide our Web site and services "as is" and without any warranty or condition, express, implied or statutory. We, our
subsidiaries, employees and our suppliers specifically disclaim
any implied warranties of title, merchantability, fitness for
a particular purpose and non-infringement. Some states do not
allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives you specific
legal rights and you may also have other legal rights that vary
from state to state. |
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| 6. |
Liability limit |
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In no event shall we, our subsidiaries, employees 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).
Our liability, and the liability of our subsidiaries, employees,
and suppliers, to you or any third parties in any circumstance
is limited to the greater of:
- the amount of fees you pay to us in the 12 months prior
to the action giving rise to liability, and
- $100.
Some States do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation
or exclusion may not apply to you.
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| 7. |
Indemnity |
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You agree to indemnify and hold us and (as applicable) our
parent, subsidiaries, affiliates, 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. |
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| 8. |
Legal compliance |
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You shall comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use
of our service and your listing, promotion, solicitation of offers
to purchase, and sale of items relating to the offering or application
of a bonus store credit. |
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| 9. |
No agency |
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You and MyStoreCredit are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement. |
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| 10. |
Notices |
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Except as explicitly stated otherwise, any notices shall
be given by postal mail to:
MyStoreCredit, Inc.
Attn: Legal Department
101 Longwood Drive
Chapel Hill, NC 27514
(in the case of MyStoreCredit) or to the e-mail address
you provide to MyStoreCredit during the registration process
(in your case).
Notice shall be deemed given 24 hours after e-mail is sent,
unless the sending party is notified that the e-mail address
is invalid. Alternatively, we may give you notice by certified
mail, postage prepaid and return receipt requested, to the
address provided to MyStoreCredit during the registration
process. In such case, notice shall be deemed given 3 days
after the date of mailing. |
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| 11. |
Arbitration |
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Any legal controversy or legal claim arising out of or relating
to this Agreement or our services, excluding legal action taken
by MyStoreCredit to collect our fees and/or recover damages
for, or obtain an injunction relating to the MyStoreCredit
site operations, and our services, shall be settled by binding
arbitration in accordance with the commercial arbitration rules
of the American Arbitration Association. Any such controversy
or claim shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim or controversy
of any other party.
The arbitration shall be conducted in Raleigh, North Carolina
and judgment on the arbitration award may be entered into
any court having jurisdiction thereof. Either you or MyStoreCredit
may seek any interim or preliminary relief from a court of
competent jurisdiction in Raleigh, North Carolina necessary
to protect the rights or property of you or MyStoreCredit
pending the completion of arbitration. Should either party
file an action contrary to this provision, the other party
may recover attorney's fees and costs up to $1000.00. |
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Additional terms |
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The following policies are incorporated into this Agreement
by reference and provide additional terms and conditions related
to specific services offered on our site:
Each of these policies may be changed from time to time
and are effective immediately after we post the changes on
our site, except for the Privacy Policy for which we will
provide you with thirty days prior notice. In addition, when
using particular services on our site, you agree that you
are subject to any posted policies or rules applicable to
services you use through our site, which may be posted from
time to time. All such posted policies or rules are hereby
incorporated by reference into this Agreement.
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| 13. |
General |
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This Agreement shall be governed in all respects by the
laws of the State of North Carolina as such laws are applied
to agreements entered into and to be performed entirely within
North Carolina between North Carolina residents. We do not
guarantee continuous, uninterrupted or secure access to our
services, and operation of our site may be interfered with
by numerous factors outside of our control. 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.
You agree that this Agreement and all incorporated agreements
may be automatically assigned by MyStoreCredit, in our sole
discretion, to a third party in the event of a merger or
acquisition.
Headings are for reference purposes only and in no way define,
limit, construe or describe 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.
This Agreement sets forth the entire understanding and agreement
between us with respect to the subject matter hereof. Sections
2 (Fees and Services) with respect to fees owed for our services, 3.3 (Release), 3.4 (Second Transaction
Verification), 9 (Liability Limit), 10 (Indemnity) and 14
(Arbitration) shall survive any termination or expiration
of this Agreement. |
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| 14. |
Disclosures |
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The services hereunder are offered by MyStoreCredit Inc., located
at 101 Longwood Drive, Chapel Hill, NC 27514. If you are a North
Carolina resident, you may have this same information e-mailed
to you by sending a letter to the foregoing address with your
e-mail address and a request for this information. |
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| 15. |
Additional information |
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We encourage you to report all user-to-user disputes to
your local law enforcement, postmaster general, or a certified
mediation or arbitration entity.
Additionally, you may report complaints to North Carolina
Department of Agriculture & Consumer Services, 2 West Edenton Street,
Raleigh, NC 27601
Mailing Address: PO Box 27647, Raleigh NC 27611, Phone number:
(919) 733-7125 |
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