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Terms and Conditions

This is the Merchant-Safe.com Agreement. Please read the following very carefully. By purchasing the services offered at Merchant-Safe.com, and/or by using this site, its products, corporate solutions and services you hereby agree to the following TERMS AND CONDITIONS and all associated policies. If you do not agree to the terms and conditions, you must stop using this site. This agreement may change from time to time and you can find the latest version in this page. This Web Site is provided to you under these "Terms and conditions" and any amendments or supplements to them that may be posted by Merchant-Safe.com, (hereafter, maybe referred just as "Merchant-Safe.com" or "company", or "Merchant Safe") from time to time (collectively referred to as this "Agreement"). Your use of this Web Site and the services provided, shall be deemed to constitute your consent to be bound by the terms and conditions of the Agreement and shall be enforceable in the same way as if you had signed the Agreement.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Compliance With Laws
You agree to comply with all applicable local, national and international laws regarding your use of the Web Site, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission. Without exception, under all circumstances, Merchant-Safe.com cannot be held responsible for your non-compliance to any of the applicable laws.

Disclaimer
Merchant-Safe.com WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU OR YOUR BUSINESS MAY SUFFER. Merchant-Safe.com MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Merchant-Safe.com DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Merchant-Safe.com AND ITS EMPLOYEES. Merchant-Safe.com RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

MEMBERS SHALL NOT TRANSFER OR ASSIGN THIS AGREEMENT TO ANYONE ELSE. HOWEVER, Merchant-Safe.com MAY ASSIGN THE MEMBER'S CONTRACT, IN PART OR IN WHOLE, AT ANYTIME WITHOUT CONSENT FROM OR NOTICE TO THE MEMBER. Merchant-Safe.com RESERVES RIGHT TO CANCEL MEMBERS RIGHTS UNDER THIS CONTRACT AT ANYTIME WITHOUT FURTHER OBLIGATION.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Merchant-Safe.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 Merchant-Safe.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:(1) THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THIS WEB SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEB SITE; OR (6) ANY OTHER MATTER RELATING TO THIS WEB SITE.

Regardless of the previous paragraphs in this section, 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 3 months prior to the action giving rise to the liability, and (b) $100.

Indemnification
You agree to indemnify and hold harmless Merchant-Safe.com, its directors, officers, employees, agents, co-branders, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Web Site; Content you submit, post, or transmit through the Web Site; your breach of the Agreement; and your connection to the Web Site.

MEMBER ACCOUNT, PASSWORD AND SECURITY
You may receive a password and account designation upon completing the specific Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Merchant-Safe.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. Merchant-Safe.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

USER CONDUCT
You agree to NOT to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. use the Site if you are not able to form legally binding contracts, are under the age of 18
3. circumvent or manipulate our payment structure, the billing process, or in certain cases fees owed to Merchant-Safe.com

You acknowledge, consent and agree that Merchant-Safe.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 Terms of Use; (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 Merchant-Safe.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


Payments and Fees

You acknowledge and agree that all the Fees paid for any services offered, are NON-REFUNDABLE, except specifically stated in the Refund Policy. Multi-site packages are limited to a total of three sites only. You will need to purchase an additional multi-site package which will allow you to display the seal on a second set of three sites.

Renewals
Renewals are based on the service term that you selected when you placed the original order. For instance, monthly plans are renewed monthly. Yearly plans are renewed yearly. All renewals are automatic. If you choose not to renew, you must give 30-day notice in writing via email, or by filling out the contact form on the Merchant Safe website.

Participating Merchant Responsibility

Merchant Safe has a reputation to maintain. Merchant Safe is helping consumers trust businesses. We want to create a fair and transparent environment. If a merchant's website and/or actions of the participating merchant puts this policy at risk, Merchant Safe reserves the right to REVOKE the seal. In such event you agree not to use the seal and remove any code placed in your website within 3 business days. Failure to comply may result in legal action. In addition, as a result of the above policy of maintaining consumer confidence and trust, you agree that if Merchant Safe receives 3 or more complaints from consumers in any 12 month period related to fraud, your seal may be revoked. You acknowledge and agree that all the Fees paid prior, are NON-REFUNDABLE in any such event. Merchant Safe takes consumer interests seriously and there is no exception to this policy.
 

IP Address Indemnity
(a) End-User represents and warrants that End-User has full right, power, and authority to consent to have the Service scan for vulnerabilities on the IP address or device identified to Merchant SAFE for scanning, whether electronically or by any other means thereafter. End-User will indemnify and hold harmless Merchant SAFE, its customers, Authorized Resellers, partners and sponsors, and their officers, directors, employees and agents from and against any third-party claims, suits, liabilities, losses, damages, judgments, awards, fines, penalties, costs and expenses (including reasonable attorneys' fees) incurred by or levied against the same resulting from or based on End-User's use of or inability to use the Service, including any claim resulting from End-User's breach of this Section. (b) End-User also acknowledges and agrees that the scanning of such IP address or device may expose vulnerabilities and in some circumstances could result in the disruption of services. Certain optional features of the Service, including exploitive scans, involve substantial risk of Denial of Service (DOS) attacks, loss of service, hardware failure and loss or corruption of data. Consequently, End-User assumes the risk for all damages, losses and expenses resulting from use of the Service.

Proprietary rights and Trademarks

You acknowledge and agree that the contents and materials available on the Merchant-Safe.com site and the software used in connection with Merchant-Safe.com contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Unless expressly authorized by Merchant-Safe.com, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Merchant-Safe.com site's contents, materials or the software, in whole or in part. Except as expressly provided in this Agreement, you are NOT granted any rights or license to any intellectual property with respect to the Merchant-Safe.com site or its contents. Merchant-Safe.com reserves all rights and the name "Merchant-Safe.com" and its respective logos, may be Merchant-Safe.com trademarks. You are not allowed to use or display any of these unless you have our prior express written permission.


MODIFICATION, SUSPENSION, TERMINATION
You agree that Merchant-Safe.com may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you, and you agree that Merchant-Safe.com will not be liable for the consequences of doing so. You also agree that Merchant-Safe.com may, in its sole discretion, and at any time, completely terminate your use of the Web Site, and may remove or delete any or all of your Content within the Web Site, without prior notice to you for any reason that Merchant-Safe.com, in its sole discretion, deems appropriate. You further agree that Merchant-Safe.com will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Website.
 

As these terms and conditions may change from time to time, you should check back periodically, in order to stay informed.


 

 

 
 
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