Terms and Conditions
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
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.
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
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)
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
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
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
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)
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 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
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.