This is Merchant User Agreement governing the usage of YPM Company services (online marketing and advertising).
This Merchant Service Agreement ("Agreement") is between you, the user, together with any company or other business entity you are representing, if any (collectively, "You"), and Yeside's Pyramid Mall Company ("YPM Company"), the company providing marketing services that increases merchants profit margin, generates a high volume of, online traffic and enables them to connect their online stores through which they can sell their products and services online.
This Agreement explains the terms and conditions governing your use of YPM Company's services, technology and any other content available during your membership period.
Please read this Merchant Service Agreement ("Agreement") carefully before you request to become a member of YPM Company's services (the "Service"). BY BECOMING A MEMBER, OR USING, THE SERVICE, YOU ("USER") AGREE TO COMPLY WITH AND BE SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. If User does not agree to be bound by this Agreement, do not proceed with Contact Us/Request. If User does not agree to be bound by this Agreement, User may not access or use the Service.
By accepting this Agreement, You further agree to be bound by any amendments to the terms and conditions of this Agreement or to such terms and conditions as are incorporated herein by reference. Except as stated below, all amended terms shall automatically be effective thirty (30) days after they are initially posted on the website.
The Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to children (persons under the age of 18). If You are registering as a business entity, You represent that You have the authority to bind the entity to this Agreement. YPM Company uses many techniques to verify the accuracy of the information You provide when You become a member on the YPM Company website. If for any reason, YPM Company, in its sole discretion, believes such information to be incorrect, it reserves the right, without provision of any notice to You, to revoke any and all licenses under this Agreement or to refuse to provide the Services under this Agreement to You.
Your YPM Marketing service account will include the full marketing services, (excluding any payment gateway services) as listed on YPM Company website in accordance to the package you lease.
2.1 You are not to use the YPM Marketing service, the selection of web address for your member space, the account, or the Merchant space to, including, but not limited to:
2.2. You agree that without express consent of YPM Company (and showing proof of the appropriate licenses where necessary or appropriate), you will never provide, sell or offer to sell the following products or contents (or services related to the same) on the Merchant space you lease:
2.3 You agree that you will not (and will not allow any third party to) participate in any of the following actions such as reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any YPM Marketing service or technology; individual passwording of Merchant sites; deleting or altering author attributes or copyright notices (unless expressly permitted in writing by the author or owner), and/or fail to obtain all required permissions when using the YPM Marketing service to receive, upload, display, distribute, or execute programs or perform other works protected by intellectual-property laws, including copyright and patent laws.
4.1 Merchant Site Content Changes
YPM Company reserve the right to make changes to your lease space if you breach any of the provisions of this Agreement with sufficient notice and reasonable time period provided to you, to rectify the infringing content (as determined by YPM Company's sole discretion). If you fail to conform to YPM Company's satisfaction, then YPM Company may make changes to the Merchant lease space to bring it in compliance with this Agreement. Merchant is not to hold YPM Company liable for any foreseeable, unforeseeable, direct, indirect consequences that may result from the changes made by our Support team to Merchant lease space in response to a Merchant lease space that breaches this Agreement. YPM Company's decision is final and binding. Notwithstanding the above, YPM Company also reserves the right to discontinue the provision of any or all aspects of the YPM Marketing service to any member for any breach of this agreement.
4.2 Informing Merchants on Changes
YPM Company reserves the right to inform all Merchants regardless of their email subscription on important information such as service outages, material changes or modifications to the solution, latest development as well as changes to the Merchant User Agreement.
YPM Company reserves the right to discontinue any or all aspects of the YPM Marketing service or restrict your use of the service in whole or in part for any breach of this Agreement by you at any time without prior notice; or if YPM Company determines in its sole and exclusive discretion that terminating your use of the YPM Marketing service is necessary for security reasons, for proper continued operation of YPM Company or for whatsoever reasons deemed appropriate by YPM Company; or if your use of YPM Marketing service is not for a legitimate business purpose, violating any rules or regulations; or if YPM Company receives information that the use of YPM Marketing service (or any part thereof) may violate any third party right.
YPM Company may at any time, with thirty (30) days notice to you, modify or discontinue any or all aspects of the YPM Marketing service or restrict your use of the solution in whole or in part for YPM Company's convenience.
If, at any time, the credit card number that you provided to YPM Company expires, or if we are unable to charge valid charges to that credit card number, or if you fail to make payments due to YPM Company hereunder after a ten (10) days notice, then YPM Company reserves the right to modify or discontinue any or all aspects of the YPM Marketing service.
All rights granted to you, the Merchant, under this Agreement would be terminated upon termination of this agreement. Following such termination or suspension, you agree not to re-register for or otherwise access the YPM Marketing service without YPM Company's written approval. Upon termination of this Agreement, YPM Company reserves the right to delete any data files associated with your use of the YPM Marketing service. However, you are still liable for the full charge for the period during which we terminate or suspend your YPM Marketing service.
YPM Company may at any time, with notice of not less than thirty (30) days, change its fees and the terms of this Agreement. With regards to the changes in fees and charges, they will be posted clearly on the 'Home' page on our website. YPM Company will also be sending you an email or even send you a letter informing you of the change. If you find any change unacceptable, you are free to terminate this agreement. Your continued use of the YPM Marketing service after the effective date of a change constitutes your continued acceptance of the new terms and conditions of this Agreement, the YPM Marketing service as well as its fee schedule.
You agree to indemnify and hold YPM Company, its suppliers, advertising and promotional partners, and service providers, and their officers, directors, agents, and employees, harmless from any and all losses, costs, liabilities or expenses (including without limitation reasonable attorneys' and expert witnesses' fees) incurred or arising from:
If complaints of a violation of third party rights arise with regards to your Merchant space, then YPM Company will have to investigate on the validity of the complaints. If the complaint is valid, then the issue will have to be dealt with accordingly and it will be considered a breach of this Agreement.
As between the parties, YPM Company acknowledges that it claims no proprietary rights in Merchant's information or any intellectual property right contained therein. As between parties, you, the Merchant, acknowledge and agree that YPM Company and its licensors own all right, title and interest in:
You agree also that the content and technology behind the YPM Marketing service is protected by international copyrights, trademarks, service marks, patent, or other proprietary rights and laws; which means that you are only allowed to use YPM Marketing content and technology only as expressly authorized by YPM Company and its licensors. You should understand and agree that the compilation, collection, selection, arrangement, assembly and coordination of all content available on the YPM Marketing service are exclusive property of YPM Company and its licensors and it is rights protected. Therefore, unless expressly authorized by YPM Company, you may strictly only use it for your internal business and data-gathering purposes.
YPM COMPANY, ITS SUPPLIERS AND SERVICE PROVIDERS, PROVIDE THE SOFTWARE, ADDITIONAL SOFTWARE, AND SERVICES, ON AN "AS IS" BASIS AND EXPRESSLY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE ARE EXCLUDED. YPM COMPANY, ITS SUPPLIERS AND SERVICE PROVIDERS, DO NOT WARRANT THAT THE SOFTWARE, ADDITIONAL SOFTWARE, OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED AND MAKE NO REPRESENTATIONS REGARDING UPTIME, USE, DATA SECURITY, ACCURACY AND RELIABILITY OF THEIR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION 10 IS REASONABLE AND AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT IN ITS ABSENCE, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
IN NO EVENT SHALL YPM COMPANY, ITS SUPPLIERS, ADVERTISING AND PROMOTIONAL PARTNERS, OR SERVICE PROVIDERS, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, THE ADDITIONAL SOFTWARE, THE SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YPM COMPANY'S, ITS SUPPLIERS', ADVERTISING AND PROMOTIONAL PARTNERS', AND SERVICE PROVIDERS', CUMULATIVE LIABILITY, AND THE LIABILITY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO YPM COMPANY FOR (I) THE SOFTWARE LICENSE AND (II) THE SERVICES IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE MONTH IN WHICH THE ACTION GIVING RISE TO THE LIABILITY FIRST AROSE.
YPM Company and the Merchant are two (2) separate entities; therefore opinions and views expressed in any Merchant's linked site do not reflect that of YPM Company. We do not verify, vouch, review or otherwise endorse the content on any Merchant's linked site. The Merchant is solely responsible for the content and everything else contained on their own site. Merchants may be held legally liable for the contents of their site should the content contain any defamatory comments or material protected by copyright, trademark, patent or trade secret or other laws without the permission of the author or owner.
YPM Company is not responsible for the delivery or quality of any goods or services sold or advertised through the Merchant site.
YPM Company and its licensors makes no other warranties or representations of any kind with respect to the YPM Marketing service. No warranty is given that the YPM Marketing service or technology is error-free. YPM Company and its licensors disclaim any warranty of title or any other warranties for any third party's offering(s) or product(s).
YPM Company does not guarantee that its security procedures taken will prevent the loss of, alteration of, or improper access to your information. YPM Company and its licensors are in no way responsible for invalid destinations and transmission errors in, corruption of, or the security of your information carried over inter exchange carriers', local exchange carriers, or other providers' facilities.
The content (text and graphics) appearing on YPM Marketing website may include technical inaccuracies, typographical errors and out-of-date information; therefore you expressly assume all risk for such use of the YPM Marketing service and technology.
YPM Marketing website may provide links to other websites or resources. You acknowledge and agree that YPM Company 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 and resources. You also agree that YPM Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused or in connection with use of or reliance on any such content, goods or services available on such external third-party sites.
The services hereunder are offered by YPM Company, located at P.O. Box 7161, Jonesboro, GA 30237-1761
You shall not assign, transfer or delegate this Agreement or any rights or obligations hereunder. Any assignment, transfer or delegation in contravention of the foregoing provision shall be null and void. You agree that this Agreement may be assigned by YPM Company, in YPM Company's sole discretion.
In the event of a dispute, YPM Company agrees to a friendly mediation to resolve it. If mediation is not successful, then we agree to binding arbitration to be conducted in the county of Clayton, state of Georgia . This agreement shall be governed by and construed according to the laws and jurisdiction of the country of USA.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services, Your Content, and Your Lease Space and sale of products and services on Your Web Site.
You and YPM Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except for the payment of any fees due and payable under this Agreement, neither party's delay in the performance of any duties or obligations under this Agreement will be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond the control of the party.
This agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. If any provision of this agreement is held to be for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
If you are in agreement with the above Merchant Agreement proceed to CONTACT US and submit your request.