CommerceWeaver Pro Terms of Service (TOS) : commerceweaverpro.com : The ecommerce shopping cart online store business solution

[ Terms of Service ]

Overview: Any personally identifiable information used by this web site, Commerceweaverpro.com, is collected for specific purposes as described below. Such information is not distributed or sold to ANY third party. Such personally identifiable information is provided by you, a user of Commerceweaverpro.com, at your discretion, by completing one or more of the forms located at Commerceweaverpro.com. Furthermore, by completing any form located at Commerceweaverpro.com and/or utilizing Commerceweaverpro.com in any manner, you signify that you are at least 18 years of age and agree to the privacy statement and terms of service located on this page.

Terms of Service:
1.) Acceptance of Terms. Commerceweaverpro.com provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.commerceweaverpro.com/tos.html. In addition, when using particular Commerceweaverpro.com services, you and Commerceweaverpro.com shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Commerceweaverpro.com may also offer other services that are governed by different Terms of Service.
2.) Description of Service. Commerceweaverpro.com currently provides users with access to a rich collection of resources, including, various communications tools such as forums, and web pages designed for specific content. You also understand and agree that the service may include certain communications from Commerceweaverpro.com, such as service announcements, administrative messages, and that these communications are considered part of Commerceweaverpro.com membership and you will be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Commerceweaverpro.com content, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Commerceweaverpro.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. Furthermore, by using Commerceweaverpro.com in any manner, whether passively or actively, you understand and agree that you have read, understood and agree to be bound by this TOS.
3.) Your Registration Obligations. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Commerceweaverpro.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Commerceweaverpro.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Commerceweaverpro.com is concerned about the safety and privacy of all its users.

4.) Privacy Statement.
4.1.) Announcements Email List. This service is provided only to those users that complete the form. Commerceweaverpro.com uses this service to email announcements to users who have added themselves to this service. The context of such announcements are to let such users know about changes, events, additions, and/or deletions to Commerceweaverpro.com. A name and email address is collected from each user. Any user of said service can update their entry with this service, or remove themselves from this service at any time. Commerceweaverpro.com does not keep any record of removals, nor has any interest in doing so.
4.2.) Partners. This service is provided only to those users that complete the form. Submissions received from the this service are reviewed. Should a prospective partner be approved or denied, at the sole discretion of Commerceweaverpro.com, the information is, in all events, up to the discretion of CommerceWeaver Pro™ as to how to proceed. Commerceweaverpro.com may, at the sole discretion of Commerceweaverpro.com, send email to the "partner", at any time on matters directly related to the "partnership".
5.) You are responsible for maintaining the confidentiality of any password and account, as applicable to the form you have completed, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Commerceweaverpro.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Commerceweaverpro.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6.) You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Commerceweaverpro.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Commerceweaverpro.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Commerceweaverpro.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:

upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a Commerceweaverpro.com official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in any real time exchanges;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
"stalk" or otherwise harass another; or
collect or store personal data about other users

You acknowledge that Commerceweaverpro.com may not pre-screen Content, but that Commerceweaverpro.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Commerceweaverpro.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Commerceweaverpro.com or submitted to Commerceweaverpro.com, including without limitation information in the forum, and in all other parts of the Service.
You acknowledge, consent and agree that Commerceweaverpro.com may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Commerceweaverpro.com, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Commerceweaverpro.com and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7.) International use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8.) Indemnity. You agree to indemnify and hold Commerceweaverpro.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9.) No resale of service. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your account(s)), use of the Service, source code, or access to the Service.
10.) Modifications to service. Commerceweaverpro.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Commerceweaverpro.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
11.) Termination. You agree that Commerceweaverpro.com may, under certain circumstances and without prior notice, immediately terminate your Commerceweaverpro.com account(s), and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your Commerceweaverpro.com account(s) includes (a) removal of access to all offerings within the Service, including but not limited to Forums, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Commerceweaverpro.com's sole discretion and that Commerceweaverpro.com shall not be liable to you or any third-party for any termination of your account(s), or access to the Service.
12.) Dealings with third parties. You agree that Commerceweaverpro.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of any third parties on the Service.
13.) Links. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Commerceweaverpro.com has no control over such sites and resources, you acknowledge and agree that Commerceweaverpro.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Commerceweaverpro.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
14.) Proprietary rights. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Commerceweaverpro.com for use in accessing the Service.
15.) Disclaimer of warranties. You expressly understand and agree that:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMMERCEWEAVERPRO.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
COMMERCEWEAVERPRO.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMMERCEWEAVERPRO.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

16.) Limitations of liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMMERCEWEAVERPRO.COM SHALL NOT BE LIABLE TO YOU 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 (EVEN IF COMMERCEWEAVERPRO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17.) No third party beneficiaries. You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
18.) Notice. Commerceweaverpro.com may provide you with notices, including those regarding changes to the TOS, by either email, or postings on the Service.
19.) General Information.
Entire Agreement. The TOS constitute the entire agreement between you and Commerceweaverpro.com and govern your use of the Service, superceding any prior agreements between you and Commerceweaverpro.com. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Commerceweaverpro.com services, or third-party content.
Choice of Law and Forum. The TOS and the relationship between you and Commerceweaverpro.com shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and Commerceweaverpro.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Chandler, Arizona.
Waiver and Severability of Terms. The failure of Commerceweaverpro.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Commerceweaverpro.com account(s) is non-transferable and any rights to your Commerceweaverpro.com account(s) or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.