MerchantTribe Service Terms of Service

As a customer of the MerchantTribe Service (Service) you (Client) agree to be bound by the following terms of service provided by BV Software (Provider):

BV Software reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.bvcommerce.com/signup/policies/terms

Violation of any of the terms below will result in the termination of your Account. While BV Software prohibits such conduct and Content on the Service, you understand and agree that BV Software cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

 

Service Terms

  1. Client must be 18 years of age or older to use this Service.
  2. Client must provide a valid email address.
  3. Client must provide a credit card for payment with their company or legal name.
  4. Client must be a human. No "bots" or automated system are allowed to register accounts.
  5. Client is responsible for maintaining the security of their password and account. BV Software cannot and will not be held liable for any loss or damage from the Client's failure to comply with this security obligation.
  6. Client is responsible for all Content posted under their account.
  7. Client may not use this Service for any illegal or unauthorized include but not limited to copyright violations.
  8. Client may not use this Service to host "adult" sites, nor sites which generally would be perceived as being of adult nature based on language, content, photos, and images including nudity of any form without prior written consent from the Provider.
 

Payment and Refunds, Changing Plans

  1. All paid plans require a valid credit card number. It is the Client's resposibility to ensure their credit card information is up to date with the Service.
  2. Your card will be billed immediate upon registering for a paid plan and each month after you sign up thereafter. If you cancel your account, your card will not be charged again but no refunds will be given for charges already made.
  3. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrades/downgrades refunds, or refunds for months unused with an open account. No exceptions will be made.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or dutures, excluding only United States (federal or state) taxes.
  5. For any upgrade in your plan, the credit card that you provided will automatically be charged the new rate immediately and your billing date will be reset to the current day of the month. There are no charges to move to a free plan.
  6. For any downgrade in your plan the features will immediately change to match the new plan and your card will not be billed until your normal monthly bill date at which time the new lower rate will be charged.
  7. Downgrading your account may cause the loss of content, features or capacity of your account. BV Software does not accept any liability for such loss.
 

Cancellation and Termination

  1. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the My Account link in the global navigation bar at the top of the screen. The My Account screen provides a simple no questions asked cancellation link.
  2. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  4. BV Software, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other BV Software service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. BV Software reserves the right to refuse service to anyone for any reason at any time.
 

Modifications to the Service and Prices

  1. BV Software reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Dashboard page of each store and/or merchanttribe.com.
  3. BV Software shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
 

Copyright and Content Ownership

  1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
  2. BV Software does not pre-screen Content, but BV Software and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  3. The look and feel of the Service is copyright©1999-2012 BV Software, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from BV Software.
 

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
  2. Technical support is only provided to paying account holders and is only available via email.
  3. You understand that BV Software uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, BV Software, or any other BV Software service.
  5. 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 BV Software.
  6. 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.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any BV Software customer, employee, member, or officer will result in immediate account termination.
  8. You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. If your bandwidth usage exceeds 100 GB/month, or significantly exceeds the average bandwidth usage (as determined solely by BV Software) of other BV Commerce Service customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  12. BV Software does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  13. You expressly understand and agree that BV Software 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 (even if BV Software has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  14. The failure of BV Software 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 BV Software and govern your use of the Service, superceding any prior agreements between you and BV Software (including, but not limited to, any prior versions of the Terms of Service).
  15. Questions about the Terms of Service should be sent via our web site contact page at http://MerchantTribe.com/about.