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User Agreement
Click here for the MyStoreMaps(TM) User Agreement.
Your User Agreement
Welcome to the User Agreement for MyStoreCredit, Inc. The following
describes the terms on which MyStoreCredit offers you access to
our services.
This agreement describes the terms and conditions applicable to
your use of our 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 Frequently Asked
Questions.
You must read, agree with and accept all of the terms and conditions
contained in this user agreement and the 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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Our 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. |
Fees and services |
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Our Fees and Credits Policy are
incorporated by reference.
Fees and Credits Policy
Annual Fee:
We offer a 60 day free trial for new sellers. At the end of the free
trial period, we will send you an e-mail invoice payable via Paypal.
If you do not wish to continue with our service, you do not need to
pay for this invoice. Annual fees are non-refundable.
The Annual Fee provides you with the right to have MyStoreCredit administer
your store credit offers 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 store credit offer for your buyers. You will post this Displayed
Text file on any or all your listing/selling page(s). At the conclusion
of your listings, if MyStoreCredit determines that a store credit is
owed to the buyer, we will create that record on our system for you and
your buyer. We will then send an e-mail to you and your buyer confirming
the creation of, and relaying information about, the created store credit
record. If we do not already have the buyer’s prior acceptance
of our terms, including opt-in permission, we will seek the buyer’s
acceptance of our terms and opt-in permission. Until we receive the buyer’s
acceptance and opt-in permission, the store credit will remain inactive
and will not be available and cannot be applied on any subsequent transaction.
Finally, your annual fee also covers our notifying you by e-mail whenever
your opted-in buyer returns and concludes a second purchase that qualifies
for use of their open store credit amount. You retain the responsibility
of fulfilling the store credit promise you make to your buyer.
Optional E-mail Fees:
During registration you will be asked to select one of two options for
how you want MyStoreCredit to send your buyers our update e-mails.
There are no additional fees for you if you choose the FREE e-mail
option. The FREE e-mail option is subsidized by advertisements we, in
our sole discretion, place within any reminder e-mails we send to your
buyer(s) and you grant us the permission to include those advertisements
without further consent or payment to you.
Alternatively, you may choose the Exclusive e-mail option
during your registration. The exclusive e-mail option is
not subsidized by advertisements and only your eBay listings
will be shown to your buyers. If you choose the Exclusive
e-mail option, you will be charged $0.04 for each e-mail
we
send to your buyers. We will calculate the total of these
Exclusive e-mail fees and bill you monthly.
If you choose to advertise with MyStoreCredit advertising:
We will bill you monthly
based actual customer click-thru's from the prior month.
You will receive a monthly report of every click thru,
including customer name and time and date of click thru.
Click-thru
fees are based on the item starting price but you will
never be billed for more than $250 in a month.
If you choose to have MyStoreCredit issue your rebates:
We require a $100.00 deposit to cover your expected customer
rebates and our fees for issuing your rebates. We will
automatically deduct your customer rebates and fees from
this $100.00
deposit as rebates are issued. In any month that your deposit
account drops to $30.00 or below, we will bill another
$100.00 to cover future rebates
and fees.
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 on our FAQ pages under: What does MyStoreCredit
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. Canceling your service:
You may cancel your use of MyStoreCredit at any time. Upon receipt of
your e-mail notice of cancellation to us, MyStoreCredit will notify
your existing buyers who hold open store credit that you are no longer
using MyStoreCredit to manage your store credit program and that the
buyer will need to contact you directly to use their store credit.
Upon canceling, you are responsible for removing all reference to MyStoreCredit
from your eBay store and auction listings. We may also cancel your
service if, in our sole discretion, you do not abide by the terms of
this agreement.
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| 3. |
MyStoreCredit is a store credit facilitation service |
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| 3.1 |
MyStoreCredit is not an auctioneer, nor is
it an online seller. We do not provide store credit to
buyers or sellers. Instead, our site acts as a store credit
payments facilitator to allow a seller to offer, administer
and track store credits for buyers who meet certain qualifications
defined by the seller. Sellers can offer store credit to
their buyers using our service on just about anything,
at any time, sold via a variety of pricing formats, including
a fixed price format and an auction-style format commonly
referred to as "online auctions" or "auctions." We
are not involved in the actual transaction between buyers
and sellers. As a result, we have no control over the final
fulfillment of any store credit. We cannot ensure that
a seller will actually complete a store credit transaction. |
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| 3.2 |
Identity verification. Because user verification on the
Internet is difficult, MyStoreCredit cannot confirm each
user's purported identity. We do not provide any feedback
mechanism or mediation services between a buyer and seller.
We encourage the seller and buyer to communicate directly
with each other over any store credit disputes or to resolve
any questions using e-mail and through the tools available
on our site. |
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| 3.3 |
Release. Because we are a facilitation service, in the
event that you have a dispute with one or more buyers or
sellers, you release MyStoreCredit (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, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way
connected with such disputes. |
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| 3.4 |
Second Transaction Verification. By extending a store
credit you are promising that Buyers have the right to
exercise their open store credit if they meet the criteria
outlined in the original MyStoreCredit offer. To allow
MyStoreCredit to automatically validate any buyer’s
second or repeat purchase, you agree to post the MyStoreCredit
logo either solely or in conjunction with a MyStoreCredit
offer, on every sale listing you run for 12 months following
the last store credit offer you make. If you do not post
the MyStoreCredit logo image, we will not be able to automatically
identify when a second or repeat sale occurs. Therefore,
if you do not post the MyStoreCredit logo image sent to
you on all your eBay listings for 12 months following your
last store credit transaction, you will be in violation
of this agreement and MyStoreCredit, in our sole discretion,
may cancel your account and we will notify your customers
of the cancellation. You also agree to provide MyStoreCredit
full Authorization and Authentication with the eBay system
so that we may fulfill our obligations outlined in this
user agreement. |
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| 4. |
Promoting Store Credit |
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When you promote a bonus store credit using MyStoreCredit,
you are obligated to fulfill your offer for the bonus store
credit if the buyer meets the criteria explained in the rules
linked to your listing. You agree to promote your offer of
bonus store credit clearly and without obfuscation in your
sale listings using the format and guidelines as supplied to
you by MyStoreCredit. YOU MAY NOT MAKE MODIFICATIONS TO THE
HTML TEXT WE SEND YOU.
As a seller, you agree to be bound by the conditions of
the MyStoreCredit offer explained in the rules linked to
your listing so long as those conditions of sale are not
unlawful.
Once a transaction is validated by MyStoreCredit, open store
credit can be rescinded if the Buyer fails to complete the
original transaction or returns the sale item for refund.
All open store credits validated by MyStoreCredit can be
used by a buyer on a subsequent transaction with you before
the expiration date of the store credit if the subsequent
transaction meets the requirements outlined in the store
credit offer or if you explicitly prohibit the use of such
store credit as outlined below.
The Displayed Text may be changed by us at any time and
versions of the Displayed Text are anticipated. Whenever
we make a change, we will provide you with updated versions
on a timely basis. You may change the store credit amounts
you offer within the Displayed Text by returning to MyStoreCredit.com
and accessing your account to make the appropriate changes.
At the conclusion of your changes, MyStoreCredit.com will
create a new Displayed Text file and make that file available
to you. You can then insert that new Displayed Text file
on your new listings.
YOU AGREE TO MAKE NO OTHER CHANGES TO THE DISPLAYED TEXT
WITHOUT MYSTORECREDIT’S PRIOR APPROVAL. |
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| 5. |
Offering store credit and applying store credit |
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| 5.1 |
Store Credit Offer description. You must
be legally able to sell the item(s) you list for sale when
offering bonus store credit within the context of that
listing. |
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| 5.2 |
Applying Store Credit. Buyers may hold more than one
open store credit amount with you. If so, we will automatically
apply the oldest open store credit first. Whenever you
conclude a second purchase with a buyer who holds one
or more open store credit amounts with you, you are obligated
to apply the open store credit we notify you for within
the context of the second transaction unless you prohibited
the use of the open store credit by posting the following
text on your selling page in 18 point or higher contrasted
text before the second transaction is consummated:
“This
listing does not qualify for the use of MyStoreCredit.”
To
dissuade abuse of this option, MyStoreCredit may
cancel your account if we determine that more than 15%
of your
closed auction listings in any given month exclude
the use of MyStoreCredit using the exclusion text outlined
above. You have the right to wait for payment from the buyer
before applying an open store credit amount to a repeat
purchase made by the same buyer.
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| 5.3 |
Fraud. Without limiting any other remedies, MyStoreCredit
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 our site. |
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| 6. |
Breach |
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Without limiting other remedies, we may require you to cease
any additional postings of the Displayed Text on any future
listings you make. We may also require you to immediately remove
our Displayed Text from your current listings and/or 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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| 7. |
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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| 8. |
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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| 9. |
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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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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| 11. |
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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| 12. |
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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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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| 14. |
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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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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| 17. |
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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| 18. |
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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