A1 Promart Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES OFFERED BY A1 PROMART. THESE TERMS OF SERVICE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITES AND THE SERVICES, FEATURES AND CONTENT, OFFERED BY A1 PROMART INC. (COLLECTIVELY WITH THE SITES, THE “SERVICE”).

Acceptance of Terms.

By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Sites, you agree to all of the terms and conditions contained herein (“Terms of Service”), which also incorporate the A1 Promart Privacy Policy, and all other operating rules, policies and procedures that may be published from time to time on the Sites by A1 Promart, each of which is incorporated by reference and each of which may be updated by A1 Promart from time to time without notice to you in accordance with the terms set out under the “Modification of Terms of Use” section below.

Basic Account Terms

  1. You must be 18 years or older to use this Service.
  2. You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
  3. You are responsible for keeping your password secure. A1 Promart cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
  4. You may not use the A1 Promart service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Canada and the Province of Ontario.
  5. You are responsible for all activity and content (data, photos, links) that are uploaded under your A1 Promart account.
  6. You must not transmit any worms or viruses or any code of a destructive nature.
  7. A breach or violation of any of the Account Terms as determined in the sole discretion of A1 Promart will result in an immediate termination of your services.

General Conditions

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
  4. A1 Promart does not warrant that the service will be uninterrupted, timely, secure, or error-free.
  5. A1 Promart does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
  6. You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
  7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  8. A1 Promart does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
  9. You expressly understand and agree that A1 Promart shall not be liable 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 resulting from the use of or inability to use the service.
  10. In no event shall A1 Promart or our employees, affiliates or 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). You agree to indemnify and hold us and our parent, subsidiaries, affiliates, A1 Promart partners, 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.
  11. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by A1 Promart.
  12. Verbal or written abuse of any kind (including threats of abuse or retribution) of any A1 Promart customer, A1 Promart employee, member, or officer will result in immediate account termination.
  13. We do not claim any intellectual property rights over the material you provide to the A1 Promart service. All material you upload remains yours. You can remove your A1 Promart store at any time by deleting your account. This will also remove all content you have stored on the Service.
  14. By uploading images and item description content to A1 Promart.com, you agree to allow other internet users to view them and you agree to allow A1 Promart to display and store them and you agree that A1 Promart can, at any time, review all the content submitted by you to its Service.
  15. The failure of A1 Promart to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and A1 Promart and govern your use of the Service, superseding any prior agreements between you and A1 Promart (including, but not limited to, any prior versions of the Terms of Service).
  16. You retain ownership over all content that you submit to a A1 Promart store however, by making your store public, you agree to allow others to view your content.
  17. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use A1 Promart or A1 Promart trademarks and/or variations and misspellings thereof.
  18. A1 Promart does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.
  19. Questions about the Terms of Service should be sent to support at A1 Promart dot com.

Payment of Fees

  1. A valid credit card is required for accounts able to process orders using a live payment gateway. Initial trial accounts do not require a valid credit card.
  1. We offer billing via credit card or debit card charge only. Our billing cycle begins on the day we setup your account, and is due on that day each month thereafter. A1 Promart attempts to automatically charge the credit card on file for any past due invoice for current, suspended and cancelled accounts. Accounts suspended and reactivated must pay all past due and current amounts as well as a reactivation fee. Accounts past due over 30 days cannot be reactivated. You must sign up for new service. To cancel your account, you must follow the procedure in Cancellation and Termination below. To ensure that you are not billed for another month of service, you must cancel your account before your billing cycle due date.
  2. It is Customer’s obligation to review all monthly charges for accuracy. Failure to dispute a charge within six (6) months following such charge shall constitute Customer’s agreement that all charges are valid and Customer agrees to waive any claims it may have had regarding such charge.
  1. Users have approximately two weeks to bring up and settle any issues with the billing.
  2. All fees are exclusive of all federal, provincial, state or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
  3. A1 Promart does not provide refunds.

Cancellation and Termination

  1. You may cancel your account at any time by emailing support@A1 Promart.com
  2. Once your account is cancelled all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
  3. We reserve the right to modify or terminate the A1 Promart service for any reason, without notice at any time.
  4. Fraud: Without limiting any other remedies, A1 Promart 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 the Site.
  1. Note: All billing correspondence (invoices, notifications, etc.) are done via email. It is crucial that you maintain a current email address with us.

 

Modifications to the Service and Prices

  1. Prices for using A1 Promart are subject to change upon 30 days notice from A1 Promart. Such notice may be provided at any time by posting the changes to the A1 Promart Site (A1 Promart.com) or the administration menu of your A1 Promart store via an announcement.
  2. A1 Promart reserves the right at any time to modify or discontinue, the Service (or any part thereof) with or without notice.
  3. A1 Promart shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

Password and Security

You will receive a password and account designation from us. 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 us 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. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Customer acknowledges that the Internet is not a secure or completely reliable system, and that the purpose of the Services is to allow end users easy access to Customer’s Content. A1 Promart will take those precautions A1 Promart deems reasonable in its sole discretion to secure Customer’s Web Site from attack, but A1 Promart makes no warranty that there will be no outages or interruptions of service, or that Customer’s Content will be secure against attack of any form by end users or other third parties.

 

Forums

Our website may contain bulletin boards, chat rooms or other message or communication facilities (collectively, “Forums”). You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
  • Upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;
  • Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
  • Falsify the origin or source of software or other material contained in a file that is uploaded;
  • Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.

You acknowledge that all Forums are public and not private communications. You acknowledge that chats, postings, conferences and other communications by other users are not endorsed by A1 Promart its subsidiaries, employees and affiliates, and such communications shall not be considered reviewed, screened or approved by A1 Promart.

A1 Promart has the right but not the obligation to monitor and edit or remove any activity or content posted on a Forum. A1 Promart takes no responsibility and assumes no liability for any content posted by you or any third party. A1 Promart reserves the right to deny in its sole discretion any user access to Forums without notice.

Privacy

If A1 Promart, or substantially all of its assets is acquired, personal information will be one of the transferred assets, and by accepting the terms of these Terms of Use, you agree that A1 Promart may transfer your personal information to the party acquiring A1 Promart or its assets.

We use a feature of your Internet browser called a “cookie” to assign a unique identification to your computer. Cookies are files that your web browser places on your computer’s hard drive. They also save you time by tracking your personal information so that you do not have to re-enter this information upon every visit. We do not and cannot use cookies to retrieve personal information about you from your computer unless you knowingly provided such information.

This website contains links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites and your visit to other sites will be subject to terms of use and/or privacy statements as provided by such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every website that collects personally identifiable information. Thisprivacy policy applies solely to information collected by this website.

Copyright and Trademark Notice

All screens appearing on this site including graphics, text elements, site design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of A1 Promart, Copyright © A1 Promart, or its suppliers, except where specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Proprietary Rights

All materials on this site are the property of A1 Promart t, its subsidiaries and affiliates, used under license to A1 Promart, or A1 Promart, unless otherwise specified. Without A1 Promart’s prior written permission, you may not copy, reproduce, republish, upload, post, transmit, modify, display or prepare derivative works based upon the materials on this site, except that you may download one copy on one computer for your personal, non-commercial use only, provided your do not delete or change any copyright, trademark and other proprietary notices. Modification of the materials or use of the materials for any other purpose violates the owners’ copyright and other proprietary rights. Note that any product or service referenced on this site may be subject to other proprietary rights reserved by A1 Promart and are not licensed hereunder. All rights not expressly granted herein are reserved.

A1 Promart, the A1 Promart logo,and store logos are trademarks of A1 Promart in the United States and/or other countries. All other trade names, trademarks, logos, and service marks on the sites are the property of their respective owners.

Intellectual Property Infringement Claims

It is A1 Promart’s policy to respond expeditiously to any claims of intellectual property infringement. Upon receipt of a notice of a violation, A1 Promart will take appropriate actions under the Digital Millennium Copyright Act and other intellectual property laws. Such action may include removing potentially infringing material from the any Forum or disabling access or reference to linkages. If you believe your work has been wrongfully used or copied, please send notice to:

A1 Promart

Such notice should also contain:

  • Description of the work that you claim has been infringed;
  • Description where that work is located on the site;
  • Your address, telephone number and e-mail address;
  • Statement by you that you have a good faith belief that the disputed use is not authorized;
  • Statement by you under penalty of perjury that the above information is accurate and that you are the owner of the intellectual property interest or authorized to act on his or her behalf; and
  • Electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest.

Warranty Disclaimer.

Save to the extent required by law, A1 Promart has no special relationship with or fiduciary duty to you. You acknowledge that A1 Promart has no control over, and no duty to take any action regarding: which users gains access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

THE SITES, SERVICE, CONTENT AND ADD-TO LINK ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.

A! PROMART, AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITES, SERVICES, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Electronic Communications Privacy Act Notice (18 USC 2701-2711): A1 Promart makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Service or any website linked to the Service. A1 Promart will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on A1 Promart equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Service.

Indemnification.

You shall defend, indemnify, and hold harmless A1 Promart, its affiliates and each of its, subsidiaries, affiliates, employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Sites, Services, Content, or otherwise from violation of these Terms of Service, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of A1 Promart). A1 Promart reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with A1 Promart in asserting any available defenses.

Limitation of Liability.

ALL LIABILITY OF A1 PROMART, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITES, SERVICES, OR CONTENT IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF A1 PROMART, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES , PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).

IN NO EVENT SHALL A1 PROMART, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT A1 PROMART, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES , PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, OR CONTENT:

  • INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
  • LOSS OF ACTUAL OR ANTICIPATED PROFITS;
  • LOSS OF REVENUE;
  • LOSS OF GOODWILL;
  • LOSS OF DATA;
  • LOSS OF ANTICIPATED SAVINGS;
  • WASTED EXPENDITURE; OR
  • COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.

NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE.

Dispute Resolution & Governing Law.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and A1 Promart agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The following arbitration and governing law provisions shall apply:

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Wyoming, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of these Terms of Use shall be finally settled by arbitration in Laramie, Cheyenne, Wyoming, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under these Terms of Use shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms of Use, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Laramie, Cheyenne, Wyoming. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

Integration and Severability.

These Terms of Use are the entire agreement between you and A1 Promart with respect to the Services and use of the Sites, Service or Content, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and A1 Promart with respect to the Sites. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Modification of Terms of Use.

A1 Promart reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service or via email. A1 Promart may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Last Updated October 1, 2013