ASecureCart Terms of Use Agreement
Appagare Software, dba ASecureCart (the "Company"), a Washington corporation, maintains this website (the "Site") as a service to its customers. By using the Site or any current or future service(s) provided by the Company (collectively the “Service” or "Services"), you are agreeing to comply with and be bound by the terms and conditions and any operating rules, regulations, policies, and procedures that may be modified from time-to-time on the Site (collectively, the "Terms"). These Terms govern your access to and use of the Site, the Services and any information, products, software, and/or features made available to you. This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable United States law. If you are using the Site or Services on behalf of a corporate entity, you acknowledge that you are entering into this Agreement on behalf of the corporate entity and you represent and warrant that you have the legal authority to bind such corporate entity to the Terms and conditions contained in this Agreement and the terms "you" and "your" shall refer to such corporate entity. If you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Company shall not be liable for any loss or damage resulting from Company’s reliance on any instruction, notice, document or communication reasonably believed by Company to be genuine and originating from an authorized representative of your corporate entity. In the case of any violation of the Terms, the Company reserves the right to seek all remedies available by contract, law and in equity for such violations. The Terms apply to all visits to the Site and use of the Services, both now and in the future. ANY VIOLATION OF THESE TERMS MAY RESULT IN THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT, THE SERVICES OR SUCH OTHER ACTION PERMITTED IN ACCORDANCE WITH THE APPLICABLE COMPANY SERVICE AGREEMENT.

1. RIGHT TO USE THE SERVICES. Upon acceptance of the Terms, the Company hereby grants You a non-exclusive, non-transferable, revocable right, under intellectual property rights owned or licensed by the Company, to access and use the Services solely for facilitating e-commerce transactions subject to the Terms. Each account is granted a 30-day trial period for the purposes of fully evaluating the Services. If you do not elect to subscribe to the Services within the trial period, no further action is due by You and your account will automatically be terminated at the end of the trial period. The Company may, at its sole discretion, suspend or terminate any account within the trial period. Signing up for multiple accounts to obtain extended trial periods or creating accounts with false information or to otherwise probe the site is explicitly prohibited and will result in immediate termination of any and all offending accounts.

2. PAYMENT. Should you elect to subscribe to the Services, you are responsible for paying all fees and charges associated with using the Service. Payment notifications will be sent electronically via e-mail to an e-mail address provided by You. You agree to supply ASecureCart with current and accurate name, mailing address, email address and telephone number. You agree to keep this information current and You understand that it is Your responsibility to maintain working email addresses in your account configuration to receive payment notification e-mails. Failure to receive payment notifications, for any reason, does not alleviate Your responsibility of payment. You understand that failure to provide such payment in accordance with the instructions contained in e-mail payment notification will result in account suspension. You understand that the Company, at its sole discretion, has the right to refuse to reinstate a suspended account regardless of subsequent payment attempts by you. You understand that there may be fees associated with reinstatement of a suspended account.

3. LAWFUL USE. You agree that use of the Site and/or any Services, is subject to all applicable national, international, state, and local laws and any and all applicable regulations, including the Terms. Company may terminate an account FOR ANY REASON AND AT ITS SOLE DISCRECTION if Company suspects the use of Services is in violation of any national, international, state, and local laws.

4. INTERNET ABUSE You are prohibited from engaging in any form of Internet abuse, including but not limited to: (a) distributing, publishing, or sending any kind of unsolicited or unwelcome email to any number of network users (commonly referred to as "junk mail" or "spam"), including, without limitation, mass promotions, unauthorized or unsolicited commercial advertising, and informational announcements, anywhere on the Internet; (b) posting a single article or substantially similar articles to an excessive number of newsgroups or mailing lists; (c) repeated or deliberate posting of articles that are off-topic according to the charter of the newsgroup or mail list where such articles are posted; (d) posting commercial advertising in a conference or newsgroup, unless it is specifically permitted to be posted within that group; (e) violating the CAN-SPAM Act; or (f) publishing, distributing, or providing access to copyrighted works, in any form, in violation of U.S. copyright laws. The use of Services is provided to facilitate legitimate and legal online purchases and Company may terminate an account FOR ANY REASON AND AT ITS SOLE DISCRECTION if Company suspects the use of Services is for purposes other than facilitating legal and legitimate transactions.

5. ENFORCEMENT. Company reserves the right and has absolute discretion to enforce the Terms. Company may, in its sole discretion, immediately terminate or suspend: (i) the Services; (ii) a Service Agreement; and/or (iii) access to this Site, if it determines that your services, offerings or activities violate the Terms. Without limitation, Company also reserves the right to report any activity (including the disclosure of appropriate data or merchant information) that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Company also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct. If you want to report any violations of these guidelines, please contact info@asecurecart.net.

6. MODIFICATIONS TO THE SITE. Company reserves the right to amend the Terms and modify or discontinue all or part of the Site, temporarily or permanently, with or without notice, and is not obligated to support or update the Site. The amended Terms shall automatically become effective immediately after they are initially posted on this Site. Your continued use of the Site after the posting of the amended Terms on the Site constitutes your affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. Should you object to any modifications of the Terms, your only recourse is to immediately: (a) terminate use of the Site and/or Services; and (b) notify Company of termination.

7. LINKS TO THIRD PARTY SITES ARE NOT ENDORSEMENTS. The Site contains links to third-party web sites. The linked sites are not under the control of Company, and Company is not responsible for the contents or policies of any linked site. Company provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Company. Links to merchants or advertisers are owned and operated by independent retailers or service providers, and therefore, Company cannot ensure that you will be satisfied with their products, services or practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

8. INTELLECTUAL PROPERTY RIGHTS. The Site is proprietary to Company. All the text, images, marks, logos and other content of the Site ("Site Content") is proprietary to Company or to third parties from whom Company has obtained permission. Company authorizes you to view, download, and print the Site Content provided that: (i) you may only do so for your own personal and non-commercial use; (ii) you may not copy, publish or redistribute any Site Content; (iii) you may not modify Site Content; (iv) you may not remove any copyright, trademark, or other proprietary notices that have been placed in the Site Content by Company; (v) you shall not, and shall not knowingly cause or permit any non-party to these Terms to disassemble, decompile, decrypt, extract, reverse engineer, prepare a derivative work of, or modify the Services, or otherwise apply any procedure or process to the Services in order to ascertain, derive, and/or appropriate for any reason or purpose, the source code or source listings for the Services or any algorithm, process, procedure or other information contained in the Services. Except as expressly permitted above, reproduction or redistribution of the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of Company. To request permission you may contact Company at info@asecurecart.net.

9. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Company, its parents, subsidiaries, affiliates, directors, officers, shareholders, agents, contractors and employees, from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to, arising from or out of: (a) your use of the Site and/or Services; (b) your breach or alleged breach of any representation, warranty or other obligation; (c) your violation or alleged violation of any federal, state, international or local law and any and all regulations, rules or ordinances; (d) the negligence or willful misconduct by you or your employees or agents; (e) any violation of the Terms or Privacy Policy; (f) your infringement of any intellectual property or other legal right of any person or entity; or (g) your advertising, marketing, promotion, sale, or distribution of any products or services.

10. DISCLOSURE; FORWARD-LOOKING STATEMENTS. Certain statements that are not historical fact contained in the Site may constitute forward-looking statements. Such statements include, without limitation, statements about the Company's plans, strategies, partnerships, products, service markets, growth prospects, successes, and security of new products or services, objectives, expectations, intentions or other statements that are not historical fact. Such statements are based on the then current beliefs and expectations of the management of the Company, and are subject to significant risks and uncertainty.

11. ACCESS TO PASSWORD PROTECTED/SECURE AREAS. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

12. SERVICES OFFERED BY COMPANY ON THIS SITE. By using the Site and Services, you accept these Terms and conditions. Except as provided in these Terms, Company does not represent nor warrant the Site or any Service or content contained in this Site will be available, accessible, uninterrupted, timely, secure, accurate, reliable, or error-free. Company does not make any warranty to the results obtained from the use of the Site or Services or to the accuracy or reliability of the content. THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY OR LOSS ARISING FROM OR RELATED TO THE SITE OR SERVICES (HOWEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, LIABILITY OR LOSS ASSOCIATED WITH UNAUTHORIZED ACCESS TO ANY SERVER, WEBSITES, FACILITIES, OR YOUR DATA OR YOUR CUSTOMER DATA (INCLUDING CREDIT CARD NUMBERS AND OTHER PERSONALLY IDENTIFIABLE INFORMATION) DUE TO ACCIDENT, ILLEGAL OR FRAUDULENT MEANS, INCLUDING HACKING, OR DEVICES USED BY ANY THIRD PARTY, OR OTHER CAUSES BEYOND COMPANY'S REASONABLE CONTROL. You expressly acknowledge that the Site and Services are provided on an "AS IS", "AS AVAILABLE" basis and the Site and Services are computer network-based services which are subject to outages, interuptions, attacks by third parties, loss of data, or delays. In such events, and subject to these Terms, Company shall use commercially reasonable efforts to remedy material interuptions, repairs and replacements, within its capacity to enable the Site to perform the intended Services in a reasonable manner. You acknowledge that Company does not warrant that such efforts will be successful. If Company's efforts are not successful, you may terminate this agreement. The foregoing shall constitute your sole and complete remedy, and the Company's Sole and complete liability. You waive and covenant not to assert any claims or allegations of any nature arising from or relating to the use of the Site or Services. You use the Site and Services at your own risk and YOU EXPRESSLY AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR POTENTIAL LOSS ARISING FROM YOUR USE OF THE SITE OR SERVICES.

13. TERMINATION & EFFECT. You may terminate the Service by electronic notification to info@asecurecart.net requesting that your account be terminated. If You elect for recurring charges when subscribing for the paid Service, You may cancel the recurring charges at any time via the "Make Payment" menu item within the Profile Manager. If You pre-paid more than 30 days of Services to obtain a discounted rate, You agree to forefeit any discounted rate retroactive to the date of pre-payment. If You pre-paid more than 30 days of Services and such notification by You to the Company to terminate the Services exceeds 30 days from the end of your pre-paid subscription period, You will be refunded any pre-paid balance, less 30 days. If such notification by You to the Company to terminate the Services is 30 days or less from the end of your subscription period, regardless of pre-payment, no refunds will be issued. Company may terminate access to the Site and the Services, with or without cause, at any time, and effective immediately. Accounts will terminate automatically at the end of the trial or subscription period unless payment is made. Termination by Company shall be accompanied by a written or electronic notice to You. Company shall not be liable to you or any third party for termination. Should you object to any provision of the Terms or any subsequent modifications thereto, your only recourse is immediately to: (a) terminate use of the Site and/or Services; and (b) notify Company of termination. Upon termination of access to the Site and/or Services, your right to use the Site and/or Services shall immediately cease.

14. PCI DSS Compliance. You agree that if you will be accepting credit card payments, that you are or will be in compliance with current PCI DSS requirements and will maintain said compliance as long as your account on the Site is active and you are accepting credit card payments. Company asserts that it will maintain PCI DSS compliance of the Site.

15. PRIVACY POLICY. Information collected by the Site will be treated in accordance with the Company's Privacy Policy located at www.asecurecart.net, which is incorporated herein by reference.

16. GOVERNING LAW & JURISDICTION. The Site is accessible in all fifty states and other countries, and each of these places has laws that may differ from those of Washington and from each other. As you and Company both benefit from establishing a predictable legal environment in which to publish, access and use the Site, by publishing, accessing, and/or using this Site, you and Company agree that all matters arising from or relating to the use and operation of this Site will be governed by the laws of Washington state, without regard to its conflicts of laws principles. You agree that all claims it may have arising from or relating to the operation or use of this Site will be heard and resolved in the courts of Kitsap County, Washington. You consent to the personal jurisdiction of such courts over it, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objections to proceeding in such courts.

17. FORCE MAJEURE. Company shall not be liable for any losses arising out of the delay or interruption of its performance of obligations due to any acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions by a third party, infiltration or disruption of the Services by a third party, or other catastrophes or occurrences that are beyond Company's reasonable control.

18. GENERAL. In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Company's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.