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Merchant User Agreement

This agreement is between you, the user and BOONBYRON LLC, the maker of Boonbyron web site (www.boonbyron.com). We provide hosted application software that enables merchants (users) to build online stores and sell their products and services on the internet. By signing up you agree to Boonbyron Terms of Services listed below. We reserve the right to modify and update the Term of Services at any time. Please refer to the most current version on Boonbyron web site at any time for any future updates.

Definitions

  1. By 'Boonbyron' we mean the features and services we make available through our website at www.boonbyron.com.
  2. By 'us', 'we' and 'our' we mean BOONBYRON LLC, the maker of Boonbyron.
  3. By 'you' we mean the user who subscribes to our service.

Eligibility

  1. You must be 18 years or to use the service
  2. You can form legally binding contracts under applicable laws.
  3. You must provide complete and accurate information including your full legal name, valid contact email address, valid PayPal account email address and any other information needed to create your account and use the service. You will keep your account information accurate and up-to-date.
  4. You must keep your password secure. We are not liable for any losses or damages from lost or stolen password. You must notify us promptly if you become aware that your password has been stolen or account has been used without your permission.
  5. We reserve the right, without any notice to revoke any license under this agreement and terminate your store at any time.
  6. We reserve the right to refuse to provide the Software license and Services to anyone for any reason.

Service and License

  1. All Software, content, and intellectual property rights provided by Boonbyron web site are the exclusive property of BOONBYRON, LLC.
  2. You must not modify, adapt, alter, reverse engineer or attempt to derive the source code of the software.
  3. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our service.
  4. Subject to the terms and conditions of this agreement, you are granted a non-exclusive, non-transferable and revocable license to remotely access and use the Software to build and operate your online store hosted by our servers.
  5. Subject to the payment of applicable fees and the term of this agreement, we will provide hosting, support and other miscellaneous Services listed on the pricing page of our web site. Your store will be hosted on our server on which several merchants may share the resources and network capacity.
  6. Our service and software are provided on an 'as is' and 'as available' basis without any warranty or condition, express, implied or statutory warranties. We do not warrant that the software and services are error-free or uninterrupted. We do not guarantee uptime, data security, accuracy and reliability of the services.
  7. We reserve the right to change, amend and alter the services provided without prior notice. We will communicate to you through our web site in regards to the software, services, account, policy changes and system updates. You may terminate your account, without refund of any fees or payments, if you do not accept such changes.
  8. We are not responsible for loss of content, features, or capacity of your account if you downgrade or cancel your account. You must have your own backups.
  9. From time to time we may offer promotions such as a free store or free service for a period of time. These offers have absolutely no cash value.
  10. We reserve the right to terminate the Software license and Services for any reason.

Fees and Payments

  1. After the beta and/or free trial period, you must pay the fees indicated on the pricing page to use the service. We reserve the right to change the fees for our service from time to time. You may choose to terminate your account if you do not accept the new fees.
  2. You agree to pay for the service in advance on a monthly basis.
  3. Fees payment is non-refundable. There will be no refunds or credits for partial months of service, or refunds for any months unused.
  4. Failure to pay the fees timely may result in immediate suspension or termination of your account.

Store and Content

  1. You must create, promote, operate and maintain your own store. You are solely responsible for your store content including the descriptions of products and services offered to your customers, prices, and images. You are responsible for accepting, processing and fulfilling customer orders generated through your store. You must handle your own customer inquiries, complaints and disputes. We do not handle any of the above mentioned for you.
  2. We have no obligation to back-up any data or content of your store. You must create your own back-up.
  3. We may at our sole discretion (but have no obligation to) remove content and accounts containing content that are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate intellectual property.

Conditions, provisions and prohibitions

  1. You may use Boonbyron service only for lawful purposes. You may not use our service in violation of any applicable laws or regulations.
  2. You must ensure that content and materials transmitted, posted, stored, distributed and displayed on Boonbyron web site comply with this agreement and do not violate applicable laws and regulations.
  3. You must not violate or infringe someone else's intellectual property rights, including copyrights, trademarks, patents and trade secrets.
  4. You may not upload or transmit viruses, worms or any other malicious code that is destructive in nature.
  5. You may not use the site to transmit unauthorized commercial communications (such as spasm, junk mails, pyramid scheme or similar materials) on Boonbyron web site and your store.
  6. You may not use the site to sell or post content that is hateful, threatening, or pornographic.
  7. We reserves the right to suspend or terminate your account and remove your materials or content if we determine, at our sole discretion, that you have engaged in any activity that is a breach of contract or violation of this agreement without prior notice.
  8. BOONBYRON, LLC is not liable for lost profits or any direct, indirect, incidental or consequential damages arising from the use or inability to use our software and services.
  9. You agree to indemnify and hold BOONBYRON, LLC, our employees or any related party harmless from any claims, losses, costs, liabilities or expenses including 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 right of a third party.

Cancellation and Termination

  1. You may cancel your account at anytime. Once your account is canceled all your content will be immediately removed and you will no longer be able to access your store.
  2. Our price is month to month. There is absolutely no refund on partial month if you cancel your account before the end of your term.
  3. We reserve the right to modify or terminate our service for any reason, without notice at anytime.
  4. We may suspend or terminate you account if we suspect that you have engaged in fraudulent activity in connection with the site.
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