An extension of our marketAgility suite of store management tools that enables you to quickly and efficiently leverage your existing content, product organization, inventory, customer data, promotions, and third party tie-ins by designing a custom, right-sized, device-adapting interface for your web site.
MACH Software is the premier multi-channel order management solution for catalog, retail and internet businesses. Data Management Associates, in business for over 30 years, offers a fully-integrated software system, excellent training and professional customer service to help you seamlessly manage your operation. Tools found in MACH include: order entry, credit card processing, manifesting, invento...
We take the best open source eCommerce platform on the market and combine it with remarkable user interface design to offer up an eCommerce experience that blows away the competition. Our experience in UI action mapping is key in getting users to do and buy what you want allowing you to reach your business goals. An interactive design allows for ease in navigation while in return offering high conv...
Blue Acorn is a professionally trained, Magento Silver partner that has developed a number of Magento Commerce websites. We've gone through the steep learning curve, dug through the source code, weaved our way through the EAV database and have a deep understanding of the application.
All of our Magento customizations are developed according to Magento best practices, following allowing t...
Guidance is an Enterprise Partner and Authorized Reseller of Magento™, the fastest-growing eCommerce platform on the market. Magento's new enterprise edition offers enterprise-only features, guarantees and full product support for retail sites looking for a PHP, production-ready eCommerce solution. Magento gives retailers the versatility and freedom they need to control every facet of thei...
Over 100,000 merchants worldwide use Magento to power their ecommerce front. Magento is a feature-rich, professional open-source eCommerce solution that offers merchants complete flexibility and control over the look, content, and functionality of their online store. Magento’s intuitive administration interface contains powerful marketing, merchandising and content management tools to give mercha...
Gorilla is an Enterprise Partner with Magento, which is an open source full featured ecommerce platform. Gorilla has been very successful at taking Magento's capabilities on the front end and back end functionality outside the common implementation.
Magento and Gproxy your perfect combination to a successful eCommerce business!
Magento's Open Source eCommerce will provide you with a successful eCommerce solution. Gproxy will provide you with its in depth knowledge of eCommerce, successful techniques and those MUST haves and Do's to increase ROI and grow your business.
Gproxy's eCommerce experience and Magento's eCommerce ...
Guidance is an Enterprise Partner and Authorized Reseller of Magento™, the fastest-growing eCommerce platform on the market. Magento's new enterprise edition offers enterprise-only features, guarantees and full product support for retail sites looking for a PHP, production-ready eCommerce solution. Magento gives retailers the versatility and freedom they need to control every facet of thei...
Guidance is an Enterprise Partner of Magento™, and Winner of the Magento 2011 Partner Excellence Award . Magento's Enterprise Edition offers enterprise-only features, guarantees and full product support for sites looking for a PHP, production-ready eCommerce solution. Magento gives e-tailers the versatility and freedom they need to control every facet of their store, from merchandising to...
Magento was a direct response to the emerging new needs of today's online merchants.
More than any feature or functionality, what our clients really needed was “flexibility.â€
Our primary goal with Magento was to develop a platform that put the control back in the hands of the online merchant and placed no constraints on business processes and flow.
Magento is a feature-ri...
Process credit cards and checks within the Magento E-Commerce platform. Our native extension offers easy processing of credit card and checks. Our PCI secure and compliant solution includes tokenization and recurring billing.
Full integration to Magento Professional & Enterprise version
MailRoom ToolKit Capture Features
Quick address entry
Enter addresses with fewer keystrokes, such as a street address and ZIP Code™, or even just a partial street name — MailRoom ToolKit Capture requests more information if needed to narrow the results.
Simply powerful search
Our single search field supports two methods for selecting an address:
...
- Full root-level access to your servers
- Fully customizable configuration
- Unmetered Managed Backup
- Unlimited expert support, 24x7x365
- Dedicated Support Team
- 100% Network Uptime Guarantee
- 1-Hour Hardware Replacement Guarantee
- The Fanatical Support Promiseâ„¢
- MyRackspace® Customer Portal
Benefits:
Our Virtual Private Server (VPS) and Managed Private Server (MPS) solutions give your business:
- Control & Scalability - Choose the customizable, enterprise-caliber solution you need today and effortlessly migrate to a different solution as your business evolves.
- Comprehensive Managed Services - Our experienced team will provide all the managed services you need fo...
TranSystems' Management and Supply Chain Consulting Group focuses on the key supply chain and transportation challenges of national and global corporations. We develop and implement secure, efficient and cost effective solutions to control and move raw ma
marketAgility Platform is a highly scalable hosted solution design to be customized to meet each clients unique business strategy. Whether you need the entire platform (Merchandiser, Warehouser, Relationship Manager, and Analytics) or just tie in with your existing systems, the marketAgility Platform will make it work seamlessly.
The MarketDirect hosted payment page is a faster, easier way for e-commerce merchants to accept local-currency credit card payments from consumers around the world. MarketDirect is an ideal solution for: ~Merchants who wish to avoid the risks involved with accepting sensitive credit card information on their own servers ~Merchants who wish to sell their products to international markets ...
MarketFleet is an online marketplace solution provider. We provide the technology, customer support, and buyer guarantee that allows any retailer to run a marketplace right on their own retail site.
Traditional and Digital Direct Marketing Services.
MarketLive Advanced Analytics is a subscription-based service that provides our clients with outsourced web analytics and optimization consulting. We work with our clients monthly and deliver custom reporting and analysis to help them better understand the performance of their eCommerce experiences within and across digital marketing channels. Data-driven, strategic guidance is provided by Mark...
Customer service is key to driving average order value and growing
a retail customer base. MarketLive customer care features help
customers find the information they need during the purchase
process. With the same tool, customer service representatives
are able to meet customer expectations with product information,
order history, account history, shipping and availability ...
At MarketLive, we have a passion for eCommerce. We have deployed our eCommerce technology for more than 250 world-class retail sites since the very beginning of online shopping. Over a decade of eCommerce experience is distilled into our Intelligent Selling methodology that delivers a stellar customer shopping experience while optimizing each online selling opportunity. Today Intelligent Selling is...
MarketLive Hosting and Managed Services solutions are ideal for customers that want to manage the business availability, performance monitoring, system management and service levels for their MarketLive application, but don’t have the time or resources available to perform these functions in house.
MarketLive provides its Managed Services and Hosting customers with a proactive 24X7 sol...
The MarketLive Intelligent Marketing and Merchandising solution is designed to help our customers both develop improvement strategies and execute those strategies. MarketLive merchant analysts work with customers to identify underperforming pages, untapped potential in mailing list and high ROI site improvements through analytics and best practices. Each service area is structured into monthly se...
It's true that there are a number of comparison shopping engines available, but those are primarily focused on "price comparison" versus "product comparison." And because they're largely price driven, they tend to focus mostly on hard goods and commodities like electronics and books, and are typically merchandised with the male consumer in mind.
SHOP.COM is unique in that it is designed ...
Sutherland's Marketplace services focus on providing solutions that make the buying experience easy and convenient for our clients' customers. + New Customer Registration + Credit Verification & Financing Options + Copyright Infringement Protection + Online Data Security + Content Management
A powerful part of the ChannelAdvisor platform, Premium Marketplaces helps retailers sell more and spend less on sites like Amazon, Buy.com, eBay, Pixmania and Trading Post. By allowing online retailers to focus on growing their business, Premium Marketplaces automates the tedious tasks of e-commerce from product distribution to post-sale. Get more products in the right places and reach over 140 mi...
Treepodia’s revolutionary Image Reviving Technology brings still photos to life. Based on your existing product images, descriptions, prices, user reviews and merchandizing rules, our system creates thousands of videos instantaneously. The videos are always kept up-to-date, as the platform automatically generates new video versions to reflect changes to your inventory such as new products, new...
A master data management (MDM) solution from Enterworks lets you integrate data from systems across your organization, manage the data in a central repository, and leverage the data for access by authorized users and applications. With the Enterworks Enable MDM solution, you can be confident that the data you use to manage your enterprise is accurate and up-to-date. Master data management can break...
McAFEE SECURE
McAfee technology can help manage online risk. McAfee offers vulnerability scanning, PCI certification, and trustmark validation. These security solutions are simple to deliver, effective and affordable.
McAfee security solutions will take care of the tough stuff, providing the information needed in a timely fashion so retailers can concentrate on the work that helps the...
McAFEE SaaS VULNERABILITY ASSESSMENT
When it comes to vulnerability outbreaks, the time between identification and infection is very short. Trying to keep a network up-to-date is tedious, time consuming and expensive.
Network perimeter and website breaches are increasing common, leading to devastating consequences for companies with online operations—loss of customer tr...
Riversand’s MDM solution, Riversand MDMCenter™, is built on a functionally-rich, extensible MDM platform and allows the modelling and management of multiple data types such as Product, Customers, Vendors, Assets, Employees, etc.
Media Agent is a suite of tools that powers the success of Location3 Media and all its divisions. Media Agent uses advanced tracking and reporting technology and backend access to 15 different search engines to provide actionable campaign data. With this information in hand, our account teams can make informed campaign modifications to safeguard and maximize your advertising investment. Media Agent...
Media buying is the process of developing a comprehensive advertising campaign across numerous online channels to create a universal marketing message. Media buying campaigns come in many different forms-we develop the most sensible and effective camping for you. Through the combined efforts of our account management, advanced technology and creative design teams, we oversee every stage of your cam...
Whether it is a one off message or multi-media marketing campaign, knowing how and where to reach your target audience can be daunting. There are literally thousands of potential media online/offline and emerging placements coming to market every day. How do you know which ones speak to your demographics and drive the most ROI?
Walter Karl's offline and online media buying and planning t...
Because an interactive campaign is only as effective as the planning behind it, Unreal focuses heavily on media strategy to determine the appropriate placement for our clients. We leverage our wide array of capabilities and negotiate custom pricing models to ensure optimal rates for placement and purchased advertising space in target-specific locations. || ||Our Services Include: Banners (Stat...
The media download service delivers high-quality media files in multiple formats to a large number of end-users around the world. End users enjoy high-quality media service with optimized download performance for downloading very large files.
Features:
High-Quality Video Service
- Progressive download service for 1~2Mbps high-quality video content
- Optimal video...
CDNetworks provides streaming services for the stable delivery of high-resolution live broadcasts to a large number of users. The streaming service ensures seamless media file delivery and stable handling of many concurrent users, which is a critical issue for live delivery.
Features:
- High-Quality Service
- Multiple channel service ranging from 500K to 2M
- T...
Mirror Image's Media Management Platform is an easy to use, end-to-end brandable video solution that enables you to monetize your videos through advertising integration. With the Media Management Platform, news, media, advertising and retail companies can do massive video deployments in hours instead of months. Expand your video horizons with the Mirror Image Media Management Platform. Its global ...
CDNetworks provides streaming services for the stable delivery of high-resolution media files to a large number of users. The streaming service ensures seamless media file delivery and file security, which are critical issues in content delivery.
Features:
High-Quality Service
- Super high-quality Video on Demand (VOD) service of 1M~2Mbps
- The best screen qual...
Guidance is a Mediachase Certified Solutions Partner. Mediachase offers the leading .NET eCommerce framework (ECF) on the market today. Built on the latest foundational technologies from Microsoft including VS2008, .NET 3.5, SQL Server 2005/2008, Windows Workflow Framework, AJAX, and a number of other key technologies, ECF provides Guidance with great architecture to customize and extend our custom...
Mercent Retail Marketplace helps online retailers promote their products across online transactional marketplaces like Amazon, Buy.com and Shop.com with industry-leading results. ||While comparison shopping sites display your products and then send customers back to your site to complete the purchase, online transactional marketplaces complete the purchase on the marketplace site. This means the d...
Mercent Retail Paid Inclusion combines the power of the Yahoo! Search Submit Pro paid inclusion program with the control and tools of the Mercent Retail on-demand platform. As a certified provider of Yahoo Search Submit Pro, Mercent offers retailers a very simple and effective way to control the product information and key messages that appear in natural search results from Yahoo!, AltaVista, Allth...
Mercent Retail Shopping maximizes online retailers’ product visibility across more than 50 shopping portals, comparison shopping engines, and affiliate networks while minimizing advertising costs. With Mercent Retail Shopping, you have complete visibility and control over all aspects of your CSE product listings including CPC bids, product assortment, categorization, merchandising offers and ...
Merchant Account ||With SafeCharge the merchant account acquisition becomes most expedient and beneficial to all online merchants.|||Whether you are considered a high-risk or low-risk merchant, SafeCharge brings the right know-how to open merchant accounts of all accepted online industries at globally adjusted rates.|||Our well established banking relationships facilitate providing our merchants w...
Our Affiliate Program Management and Marketing Service consists of working direct with you or your marketing team on a daily basis. We work closely with you and affiliates to help manage and run the entire affiliate program, police your trademark, promote your brand effectively through affiliate partner sites, our abestweb partner forum, social sites such as Twitter and Facebook, our marketing chan...
Our Microsoft Dynamics GP Plug-in gives you the ability to process debit cards, credit cards and checks against an invoice. Our plug-in is native. You do not have to leave the GP system to process payments. Simple and easy.
Microsoft Dynamics GP; Backoffice ERP for Supply Chain
A comprehensive ERP solution to increase efficiency in operations, manufacturing and supply chain management
Tectura delivers Retail ERP, CRM and POS solutions designed to help you simplify your retail operations, gain tighter control over your inventory and, most importantly, help you put the customer at the center of everything you do- driving ongoing loyalty and business growth.
Taking your online business to the next level, Miva Merchant provides unlimited potential with unprecedented power, flexibility and ease of use. Miva Merchant is designed for success and provides you with access to all the tools you need to develop, maintain, and grow a thriving online store.
As smart phones and tablets continue to evolve – allowing for easier Web surfing, texting, social networking, and GPS navigation in addition to voice and e-mail communication - they are capable of running all types of applications, from games to restaurant guides, to shopping assistants, Twitter, and much more. According to Internet Retailer, eBay was estimated to sell more than $5 billion in goo...
Custom mobile app and site development for iPhone, BlackBerry & Android . Mobile clients include multi-brands of Foot Locker
More than 70% of Americans own cell phones. They're not just talking – they're texting. America's love affair with SMS messaging translates into millions of consumers who can be reached anywhere, almost any time.
Walter Karl Interactive's Mobile Response Network is a simple, cost-effective way to reach millions of consumers anywhere – at work, at home, in the car. Launch a ...
Process a sale or manage inventory any time or any place with one of our Mobile POS solutions. They extend Microsoft Dynamics point of sale products and place all the tools you need to process orders and manage inventory on a hand held device. Use our Mobile POS solution to:
- Enable real time tendering and create more personable and friendly customer interactions
- Improve staf...
Custom mobile app and site development for iPhone, BlackBerry & Android . Mobile clients include multi-brands of Foot Locker.
Using Digby's Mobile Web Portal, retailers can easily integrate the mobile web and m-commerce into their mobile channel strategy - without redesigning their current offerings or spending limited resources on developing solutions from scratch. With support for 1000's of today's most basic phones with web access to the most advanced smart phones, your customers will benefit from an easy to use and fa...
Monetate's personalization platform collects and analyzes extensive website visitor data which you can then use to target content and promotions to any segment of visitors down to a 1-to-1 marketing level.
Our ShadowCRM technology can target on more than 50 dimensions of traffic source, visitor behavior, technographics, and geo-location. We can also use third party analytic data and any...
The Stone Edge Order Manager is the leading order management system for small-to-medium Web merchants. The Order Manager makes it easy to import orders from over 40 popular shopping carts and other sales channels and then gives you the tools you need to manage your business efficiently.The program includes features for managing orders, customers, inventory, purchasing, payment processing, packing a...
The mobile marketing platform enables agencies, brands and companies of all sizes to quickly launch interactive text and multimedia mobile messaging campaigns.
The M3C platform incorporates Two-Way SMS, MMS, Mobile Coupon delivery, Mobile Ticketing, Mobile Search, Keyword Campaigns, Voting, Polling, Text-to-Screen, RingTones, Text Alerts, Text-to-Win, Wallpapers, Voting, Reverse Auctio...
MotionPoint adds multi-lingual and localization functionality to the websites of over 300 clients across all major industries. Its solution is deployed in the most technically complex environments and with the most brand-sensitive companies ... delivering the scalability, flexibility, and language quality that world-class organizations require. |MotionPoint clients include Rooms To Go, Build-A-Bea...
Motivity is the marketing and web site optimization platform for ecommerce and lead generation focused companies. Motivity makes it easy for your marketing team to improve campaign ROI and user experience with tools to analyze site activity, make and test changes, manage and verify search optimization and drive more quality traffic. The Google Website Optimizer module makes it easy to run A/B and M...
The Mountain Commerce Web site development platform was created by Mountain Media as an affordable, robust, eCommerce solution for merchants seeking an all in-one solution for taking their online businesses to the next level.
Mountain Commerce offers a complete end-to-end solution that combines powerful upselling and cross-selling tools, promotion and pricing management, search-engine and emai...
Mountain Commerce enables online merchants to receive top search engine visibility while providing powerful up-selling and cross-selling features, order management and fulfillment, pricing and promotions handling, payment processing and catalog management. The system is an all in one ecommerce solution, and includes individualized, template-free design development with each implementation. Long D...
The Mountain Commerce Web site development platform was created by Mountain Media as an affordable, robust, eCommerce solution for merchants seeking an all in-one solution for taking their online businesses to the next level.
Mountain Commerce offers a complete end-to-end solution that combines powerful upselling and cross-selling tools, promotion and pricing management, search-engine and emai...
|Multi-Currency Pricing helps e-commerce and mail/telephone order merchants target new international markets quickly and maximize global sales when your international customers view pricing and pay in their home currencies. Our solution turns international browsers into customers - those from Japan enjoy the clarity of shopping and paying in Yen, while those from Britain enjoy the certa...
Inventory, warehouse, order processing, shipping, payment, and customer management solutions for small ecommerce and multichannel merchants.
Designed for B2C and B2B operations that take order and ship them out.
Now there's a way to manage the production of your print, Web, and mobile catalogs from a single application. It's Enterworks Enable Catalog Publishing, the ideal database publishing solution for multichannel catalog requirements. Enable combines product information management (PIM) with advanced database publishing tools to ensure that your catalogs in all media — print, Web, and mobile â...
Interpro provides a full range of complex multilingual desktop publishing and design services for both the PC and Macintosh platforms using the most current page layout and graphics applications available on the market. Our in-house desktop publishing staff have many years of experience formatting multilingual content in complex languages such as Arabic, Japanese, and Thai, to name a few. Our use o...
Internet users across the globe are listening to music, purchasing and downloading songs, and sharing new music with their friends every minute of the day. Live concert broadcasts, podcasts, song downloads, and more all need to be broadcast and made available seamlessly and flawlessly to audiences of unlimited size. Audio e-commerce has skyrocketed, and the growth of selling and delivering music on...
EYEMAGINE's MusicWebTM solution features Magento, the fastest growing eCommerce platform in the world.
Members of the EYEMAGINE team have 20+ years of experience in musical instrument manufacturing, distribution and retail; the company is a music industry subject matter expert. The combination of the Magento platform and EYEMAGINE's expertise in design and development can turn music-centri...
Traditional affiliate network exposure, private affiliate program benefits.
MyAP®, our industry leading technology platform, makes it easy for advertisers to manage their own affiliates. You'll establish and grow relationships with new customers, drive traffic across multiple channels, measure results, and ultimately, increase revenue. MyAP® also features an expansive, dyn...
|We send email alerts|to your customers as often as you want. Every alert is customized to your brand|and reflects each shopper’s top-of-mind desires, based on their stated|preferences and what we have learned about them over time. Customers want to|tell you what they want: We listen, then respond with alerts and|recommendations that motivate them to buy.|||The Y Guy on your|site lets shoppe...
On our clients’ websites, the MyBuys recommendation engine uses a portfolio of powerful algorithms to generate potential recommendations and serve up the ones most likely to lead to a sale. We can:
Deliver a mix of cross-sells and up-sells, top sellers, featured, and new or on-sale items across categories and brands to your site.
Rank potential recommendations based on each sho...
Easy2's MYO Demo Programs provide a unique blend of technology, product marketing and partnership that enables you to directly engage your consumers wherever they do their online shopping. Use the system to create, manage and track product demos and to distribute them to your own website and the websites of your retailers. |With MYO - the only tool of its kind in the rich media industry - you can ...
Easy2's MYO Demo Application revolutionizes your online merchandising efforts by enabling you to quickly create and distribute interactive online product demos. Flexible Content
Multiple template options provide literally hundreds of ways to present your products or services. Mix and match ...
Last Updated: June 5, 2009
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d. You agree to pay to the Company the Fees for any and all Services you purchase from the Company. You further agree that you are responsible for paying any and all applicable taxes. All Fees and any such applicable taxes shall be payable by you in full in advance and are non-refundable.
e. You may cancel your subscription to the Services at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-PERIOD SUBSCRIPTION PERIODS. To cancel, simply email support@ecommerceknowhow.com and include your username. We reserve the right to terminate your account for any or no reason.
f. In the event that any individual component of the Services paid for by you are disputed then the parties shall endeavor in good faith to reach agreement in relation to the disputed Services.
You recognize and agree that FitForCommerce may implement mechanisms allowing us and other Users to track your contributions to the Services and rate your performance as a User. FitForCommerce reserves the right to collect feedback regarding your performance and to post such feedback on the Site. You may not take any actions that may undermine the integrity of the feedback system.
If you believe that any materials on this website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:
(1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work;
(2) identification of the material that you believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material;
(3) your name, address, telephone number, and email address;
(4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law;
(5) a statement that the information in your claim is accurate; and
(6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner's behalf.
g. INDEMNIFICATION You agree to indemnify, defend and hold harmless FitForCommerce, its officers, directors, employees, agents or affiliates, at your expense, against any and all third party claims, actions, proceedings, and suits brought against FitForCommerce or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by FitForCommerce or any of its officers, directors, employees, agents or affiliates, arising out of or relating to
(a) your breach of any term or condition of these Terms, or
(b) your use of the Site or the Services. In such a case, FitForCommerce will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. FitForCommerce reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
You hereby release FitForCommerce, its officers, directors, employees, agents and affiliates from any and all claims, demands, losses, damages, rights, and actions of any kind including, without limitation, personal injuries, death and property damage, that are either directly or indirectly related to or arise from
(a) any interactions with other Users,
(b) any incorrect or inaccurate Content (including any information in profiles) posted on or through the Site or Services, whether caused by Users or by any of the equipment or programming associated with or utilized in the Site or Services, or
(c) conduct by any User on the Site or Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
THE SITE, THE SERVICES AND ALL FITFORCOMMERCE TECHNOLOGY ARE PROVIDED "AS IS" AND AS AVAILABLE. THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY FITFORCOMMERCE EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE SERVICES AND ALL FITFORCOMMERCE TECHNOLOGY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. THE INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE OR SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. FITFORCOMMERCE DOES NOT WARRANT THAT
(A) THE SITE, THE SERVICES OR OTHER FITFORCOMMERCE TECHNOLOGY WILL MEET YOUR NEEDS,
(B) THE SITE, THE SERVICES OR OTHER FITFORCOMMERCE TECHNOLOGY WILL BE ERROR-FREE OR ACCESSIBLE AT ALL TIMES,
(C) DEFECTS WILL BE CORRECTED,
(D) THE SITE, THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR
(E) THE USE OR THE RESULTS OF THE USE OF THE SITE OR SERVICES OR THE CONTENT MADE AVAILABLE AS PART OF THE SITE OR SERVICES WILL BE CORRECT, ACCURATE, TIMELY OR OTHERWISE RELIABLE.
The foregoing exclusions and disclaimers are an essential part of these Terms and formed the basis for determining the price (if any) charged for the Services. Some states do not allow exclusion of an implied warranty, so this disclaimer may not apply to you.
12.1 FITFORCOMMERCE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF FITFORCOMMERCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 FitForCommerce's cumulative liability to you or any other party for any loss or damage resulting from any claims, demands, or actions arising out of or relating to these Terms shall not exceed ten dollars (US$10).
Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.
13.1 Notwithstanding any provision of these Terms, FitForCommerce reserves the right, in its sole discretion, without any notice or liability to you, to
(a) terminate your license to use the Site, the Services and Content, or any portion thereof;
(b) block or prevent your future access to and use of all or any portion of the Site, the Services or Content;
(c) change, suspend or discontinue any aspect of the Site, the Services or Content; and
(d) impose limits on the Site, the Services and Content.
14.1 These Terms represent the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties.
14.2. This Agreement shall be treated as though it were executed and performed in New Jersey and shall be governed by and construed in accordance with the laws of the State of New Jersey (without regard to conflict of law principles). Any cause of action by you with respect to the Service (and/or any information, products or Services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by the Company in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
14.4 Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by the Company to collect or recover damages for, or obtain any injunction relating to, Service operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Newark, New Jersey, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or the Company may seek any interim or preliminary relief from a court of competent jurisdiction in Newark, New Jersey, necessary to protect the rights or property of you and the Company pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.
14.5 FitForCommerce makes no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws. The FitForCommerce Technology is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals.
14.6 Any notices to FitForCommerce, Inc must be sent via e-mail addressed to: support@ecommerceknowhow.com and are deemed given upon receipt.
14.7 If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect.
14.8 A waiver of any default of these Terms is not a waiver of any subsequent default.
14.9 You represent and warrant that you are eighteen (18) years of age and that you have the right and ability to enter into these Terms. If you are under eighteen (18) years of age, your legal guardian has read and agrees to these Terms.
14.10 These Terms shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
If you have any questions regarding these Terms or your use of the Site or Services, please submit them to us at support@ecommerceknowhow.com.
