1. Acceptance of the Terms of Service
Welcome to Shop
Boss Pro (a.k.a. "we" or "us ") which is owned and operated by CSB
Technologies Inc (“company”). We are excited to have you as user of our program.
The following terms and conditions (collectively, these "Terms of Service")
apply to your use of Shop Boss Pro including any content, functionality
and services offered on or via Shop Boss Pro (the "Website"). The Terms
of Service also include our Privacy Policy. We
want to keep our relationship with you as lean and informal as possible, but
please read the Terms of Service carefully before you start using Shop Boss
Pro, because by using the Website you accept and agree to be bound and abide
by these Terms of Service. Should you disagree with any of the provisions
herein, you must leave the Website, but please let us know at
[email protected]. We'll be happy to hear your comments and suggestions.
2. Changes to the Terms of Service and
the Website
The Company
reserves the right to update the
Website and these Terms of Service from time to time, at our discretion and
without notice. Nevertheless, this document is public on Shop Boss Pro ,
and you will be able to track the changes for any new version. Your continued
use of the Website following the publishing of updated Terms of Service means
that you accept and agree to the changes.
3. Accessing the Website, Security and
Privacy
We're working hard on improving Shop Boss Pro, but we can't guarantee that the Website will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for internet websites, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service. We also do not guarantee that the Website or any content provided on the Website is error free. All users are responsible for configuring the Settings correctly for their local and state laws and provisions. Any printed forms produced by the Shop Boss Pro service are also the responsibility of the user to ensure they comply with local laws and regulating bodies.
4. Use of the
Shop Boss Pro Service
If you agree
to pay the fee for access to the applicable Shop Boss Pro Service, such
fee will be charged by the company designated by Shop Boss Pro in
accordance with the payment method you have chosen for your purchase. If you are
paying by credit or debit card, by designating a card to be billed, you confirm
that you are authorized to make such purchase and that you are the holder of
such card (i.e. that the card is issued in your name). All prices stated on the Shop
Boss Pro Websites are inclusive of any applicable sales taxes and fees. Shop
Boss Pro accepts a variety of different payment methods, so please check
the Shop Boss Pro Websites for the best way for you to pay.
5. Prices
Shop Boss Pro
may change the price for the Shop
Boss Pro Paid Service from time to time. In respect of the Shop Boss Pro
Paid Service, such changed price will take effect after the expiry of the
then current paid for period (i.e. the term that you have already paid for). Any
price change will be communicated to you at least 14 days in advance so that you
have an opportunity to elect to not renew. If you do not wish to be bound by
such changed price relating to your Shop Boss Pro Paid Service you may
terminate your subscription of your Shop Boss Pro Paid Service in
accordance with Section 9 (Term and termination). Your continued use of the Shop
Boss Pro Paid Service after the communication of such price change to you
constitutes an acceptance of such new price.
6. Automatic subscription renewal
Your
subscription to the Shop Boss Pro Paid Service will automatically renew
at the end of each subscription term unless you terminate your subscription
prior to the end of such subscription term in accordance with Section 9 (Term
and termination). Such renewal will always be for a monthly subscription term,
even if the previous subscription term was for a longer period. At the time of
renewal the payment method you have designated to be charged for the purchase of
the Shop Boss Pro Paid Service will automatically be charged our then
current fees for the applicable subscription.
7. Disclaimer of Warranties, Limitations
of Liability and Indemnification.
Your use of Shop
Boss Pro is at your sole risk. The service is provided "as is" and "as
available". We disclaim all warranties of any kind, express or implied,
including, without limitation, the warranties of merchantability, fitness for a
particular purpose and non-infringement. We are not liable for damages, direct
or consequential, resulting from your use of the Website, and you agree to
defend, indemnify and hold us harmless from any claims, losses, liability costs
and expenses (including but not limited to attorney's fees) arising from your
violation of any third-party's rights. You acknowledge that you have only a
limited, non-exclusive, nontransferable license to use the Website. Because the
Website is not error or bug free, you agree that you will use it carefully and
avoid using it ways which might result in any loss of your or any third party's
property or information.
8. Term, termination
This
Agreement will become effective in relation to you when you create a Shop
Boss Pro account or when you start using the Shop Boss Pro Service
and will remain effective until terminated by you or the company. You may
cancel your subscription of the Shop Boss Pro Paid Service at any time by
contacting us in writing at [email protected]. Shop Boss Pro will
not refund any remaining portion of subscription fees you have already paid
for. Shop Boss Pro reserves the right to terminate this Agreement or
suspend your Shop Boss Pro account at any time in case of unauthorized,
or suspected unauthorized use of the Shop Boss Pro Service whether in
contravention of this Agreement or otherwise. If Shop Boss Pro terminates
this Agreement, or suspends your Shop Boss Pro account for any of the
reasons set out in this section, the company shall have no liability or
responsibility to you, and the company will not refund any amounts that
you have previously paid.
Refunds: Refunds can only be processed in the event of fraud. Since
we bill for the usage of the Shop Boss Pro application each month for the
previous month, we cannot offer a refund except in the event of fraudulent use
of your credit card.
9. Intellectual property
The company
respects intellectual property
rights, and expects you to do the same. The Shop Boss Pro Service and the
content provided through the Shop Boss Pro Service is the property of the
company or the company 's licensors and protected by intellectual
property rights (including but not limited to copyright), and you do not have a
right to use the Shop Boss Pro Service (including but not limited to its
content) in any manner not covered by the Agreement. Furthermore, you must not
infringe any third party's intellectual property rights in using the Shop
Boss Pro Service. Further, you may not remove or alter any copyright,
trademark or other intellectual property notices contained on or provided
through the Shop Boss Pro Service.
10. Technology limitations and
modifications
The company
will make reasonable efforts to keep
the Shop Boss Pro Service operational. However, certain technical
difficulties or maintenance may, from time to time, result in temporary
interruptions. The company reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently, functions and
features of the Shop Boss Pro SService with or without notice.
10. Assignment
Shop Boss Pro
mmay assign this Agreement or any part
of it without restrictions. You may not assign this Agreement or any part of it
to any third party.
11. Entire agreement
This
Agreement together with the b>Shop Boss Pro Privacy Policy, (the
Agreements) constitutes all the terms and conditions agreed upon between you
and the company and supersede any prior agreements in relation to the
subject matter of these Agreements, whether written or oral. Any additional or
different terms or conditions in relation to the subject matter of these
Agreements in any written or oral communication from you to the company
are void. You agree and accept that you have not accepted the terms and
conditions of this Agreement in reliance of or to any oral or written
representations made by the company nnot contained in this Agreement.
12. Severability
Should for
any reason or to any extent any provision of this Agreement be held invalid or
unenforceable, such invalidity or enforceability shall not in any manner affect
or render invalid or unenforceable the remaining provisions of this Agreement
and the application of that provision shall be enforced to the extent permitted
by law.
13. Mandatory arbitration; exceptions to
mandatory arbitration, waiver of class action rights; limitations period; venue
and choice of law
i. You and b>the
company agree that any dispute, claim or controversy arising out of or
relating in any way to the Shop Boss Pro Service or your use thereof,
including our Agreement, shall be determined by mandatory binding arbitration.
You agree that the U.S. Federal Arbitration Act governs the interpretation and
enforcement of this provision, and that you and the company are each
waiving the right to a trial by jury and the right to participate in a class or
multi-party action. This arbitration provision shall survive termination of this
Agreement and the termination of your Shop Boss Pro subscription. The
arbitration will be governed by the Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related Disputes of the American
Arbitration Association (the "AAA Rules"), as modified by this Agreement, and as
administered by the AAA. ii. You and the company agree that (a) any
claims seeking to enforce, protect, or determine the validity or ownership of
any intellectual property rights, and (b) any claims related to allegations of
theft, piracy or unauthorized use of the Shop Boss Pro Service are NOT
subject to mandatory arbitration. Instead, you and the company agree that
the preceding claims (including but not limited to claims for injunctive or
equitable relief) shall be exclusively decided by Courts of competent
jurisdiction in San Diego, California, and that applicable California and/or
Federal law shall govern, without regarding to choice of law principals. iii.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN
YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY
REPRESENTATIVE CAPACITY OR PROCEEDING. Further, the arbitrator shall not
consolidate any other person's claims with your claims, and may not otherwise
preside over any form of a multi-party or class proceeding. If this specific
provision is found to be unenforceable in any way, then the entirety of this
arbitration section shall be null and void. The arbitrator may not award
declaratory or injunctive relief. iv. Any arbitration must be commenced by
filing a demand for arbitration with the AAA within ONE (1) YEAR after the date
the party asserting the claim first knows or reasonably should know of the act,
omission or default giving rise to the claim; and there shall be no right to any
remedy for any claim not asserted within that time period. If applicable law
prohibits a one-year limitations period for asserting claims, any claim must be
asserted within the shortest time period permitted by applicable law. Your
arbitration fees and your share of arbitrator compensation will be limited to
those fees set forth in the AAA's Consumer Rules with the remainder paid by the
company. Any arbitration costs or fees deemed "excessive" will be paid by the
company . v. You and the company agree that this Agreement involves
interstate commerce and is subject to the Federal Arbitration Act. You and the
company ffurther agree that applicable laws of the State of California shall
exclusively govern any dispute without regard to choice or conflicts of law
rules. The sole and exclusive venue for the resolution of any dispute, whether
or not subject to mandatory arbitration as described above, shall lie in San
Diego, California.
14. English version prevails
In the event
that this Agreement is translated into other languages and there is a
discrepancy between the two language versions, the English language version
shall prevail to the extent that such discrepancy is the result of an error in
translation. Copyright © 2012 b>CSB Technologies Inc and its affiliates.
All rights reserved.