METROeCart Gold
Or you can further automate and market your online business with our
mid-grade shopping cart program!
METROeCart Platinum
Or get all the bells and whistles with the full shopping cart package!
Other Services
Get A Merchant Account
Take Credit Cards online now!
Market Your Website!
Market your website using
1st Page Rankings tools!
Custom Web Design
Need a new site?
MetroWeb Team can help you with creative ideas to
help give you a competitive edge!
RECITALS
WHEREAS, MetroWeb Team is engaged in the business of providing access
to MetroEcart;
WHEREAS, User desires to use MetroEcart.
NOW, THEREFORE, MetroWeb Team and User agree as follows:
1. Grant of License
Subject to the terms and conditions herein, MetroWeb Team hereby grants User
a nonexclusive account to (i) access MetroEcart on MetroWeb Team’s application
server over the Internet, and (ii) transmit data related to User's use of
MetroEcart
over the Internet.
2. Use and Access
A. Subject to the restrictions on use as set forth herein, User will have access
to MetroEcart and MetroWeb Team's application server for the purpose of using
the software for its intended purpose and in accordance with the specifications
set forth in any documentation relating to MetroEcart provided by MetroWeb
Team.
Such use and access will be continuous on a 24 hour basis except for interruptions
by reason of maintenance or downtime beyond MetroWeb Team's reasonable control.
B. User will use MetroEcart only for its internal business operations and will
not permit MetroEcart to be used by or for the benefit of anyone other than User.
User will not have the right to re-license or sell rights to access and/or use
MetroEcart or to transfer or assign rights to access or use MetroEcart, except as
expressly provided herein. User may not modify, translate, reverse engineer,
decompile or create derivative works based upon MetroEcart. User agrees to use
MetroEcart in a manner that complies with all applicable laws including intellectual
property and copyright laws. MetroWeb Team expressly reserves all rights not
expressly granted to User herein.
C. User will not: (i) transmit or share identification or password codes to
persons other than authorized users (ii) permit the identification or password
codes to be cached in proxy servers and accessed by individuals who are not
authorized users.
D. User will not use
MetroEcart
to sell, solicit, advertise,
promote, disclose, or display in adult oriented material including pornography
whether it be in text or images.
E. User will not use MetroEcart
to sell, solicit, advertise, promote, disclose,
or display vulgar, profane, or obscene material including foul and vulgar language
whether in text or images.
3. Price and Payment
A. User will pay MetroWeb Team a monthly or annually access fee for the use of
MetroEcart.
The amount of the fee is determined by the MetroEcart package that the User chooses.
The User will pay the access fee at initial sign-up and every month or total annually thereafter.
B. There are no refunds of any kind for the MetroEcart access fee. For example,
if User cancels half-way through the billing period the account will become
immediately inactive and there shall be no reimbursement for half of the access
fee for that period whether paid monthly or annually.
C. Only Visa, Mastercard, Discover, and American Express credit cards will be
accepted as payment methods for the MetroEcart access fee.
4. Technical Support
MetroWeb Team will supply telephone support regarding MetroEcart to User on a
reasonable and necessary basis during normal weekday business hours, excluding
legal holidays. Additionally, MetroWeb Team will, if necessary, provide reasonable
support to User through email.
5. Term and Termination
The initial term of this Agreement will commence the day the initial
MetroEcart
access fee is paid and will continue for a period of one (1) month if paid monthly or (1) year if paid annually. Thereafter
this Agreement will automatically renew for successive one (1) month or (1) year periods as designated by User
unless terminated earlier. Either party may terminate this agreement at any
time during it's term.
6. Ownership of Intellectual Property
Title to any proprietary rights in MetroEcart or MetroWeb Team’s web site
will remain in and be the sole and exclusive property of MetroWeb Team. User
will be the owner of all content created and posted by User.
7. Confidentiality
A. User acknowledges that MetroEcart and other data on MetroWeb Team’s application
server embodies logic, design and coding methodology that constitute valuable
confidential information that is proprietary to MetroWeb Team. User will safeguard
the right to access MetroEcart and other software installed on MetroWeb Team’s
application server using the same standard of care that User uses for its own
confidential materials.
B. All data pertaining to User disclosed to MetroWeb Team in connection with
the performance of this Agreement and residing on MetroWeb Team’s application
server will be held as confidential by MetroWeb Team and will not, without the
prior written consent of User, be disclosed or be used for any purposes other
than the performance of this Agreement. MetroWeb Team will safeguard the confidentiality
of such data using the same standard of care that MetroWeb Team uses for its
own confidential materials. This obligation does not apply to data that: (i)
is or becomes, through no act or failure to act on the part of MetroWeb Team,
generally known or available; (ii) is known by MetroWeb Team at the time of
receiving such information as evidenced by its written records; (iii) is hereafter
furnished to MetroWeb Team by a third party, as a matter of right and without
restriction on disclosure; (iv) is independently developed by MetroWeb Team
as evidenced by its written and dated records and without any breach of this
Agreement; or (v) is the subject of a written permission to disclose provided
by User. Further notwithstanding the forgoing, disclosure of data will not be
precluded if such disclosure: (i) is in response to a valid order of a court
or other governmental body of the United States; (ii) is otherwise required
by law; or (iii) is otherwise necessary to establish rights or enforce obligations
under this Agreement, but only to the extent that any such disclosure is necessary.
8. Warranty and Disclaimer
MetroWeb Team warrants MetroEcart is developed and will be provided in conformity
with generally prevailing industry standards. User must report any material
deficiencies in MetroEcart to MetroWeb Team in writing within thirty (30) days
of User's discovery of the defect. MetroWeb Team's exclusive remedy for the
breach of the above warranty will be for MetroWeb Team to provide access to
replacement MetroEcart within a commercially reasonable time. THIS WARRANTY IS
EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
AND ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE ON OR
PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. DEVELOPER EXPRESSLY DISCLAIMS
ALL OTHER WARRANTIES.
9. Limitation of Liability, Indemnification
Neither party will be liable to the other for special, indirect or consequential
damages incurred or suffered by the other arising as a result of or related
to the use of MetroEcart, whether in contract, tort or otherwise, even if the
other has been advised of the possibility of such loss or damages. User will
indemnify and hold MetroWeb Team harmless against any claims incurred by
MetroWeb Team
arising out of or in conjunction with User's breach of this Agreement, as well
as all reasonable costs, expenses and attorneys' fees incurred therein.
MetroWeb Team's
total liability under this Agreement with respect to MetroEcart, regardless of
cause or theory of recovery, will not exceed the total amount of fees paid by
User to MetroWeb Team during the twelve month period immediately preceding the
occurrence or act or omission giving rise to the claim.
10. Relation of Parties
Nothing in this Agreement will create or imply an agency relationship between
the parties, nor will this Agreement be deemed to constitute a joint venture
or partnership between the parties.
11. Non-assignment
Neither party will assign this Agreement, in whole or in part, without the prior
written consent of the other party, and such consent will not be unreasonably
withheld. This Agreement will inure to the benefit of, and be binding upon the
parties hereto, together with their respective legal representatives, successors,
and assigns, as permitted herein.
12. Arbitration
Any dispute arising under this Agreement will be subject to binding arbitration
by a single Arbitrator with the American Arbitration Association (AAA), in accordance
with its relevant industry rules, if any. The parties agree that this Agreement
will be governed by and construed and interpreted in accordance with the laws
of the State of Arkansas. The arbitration will be held in Arkansas. The Arbitrator will
have the authority to grant injunctive relief and specific performance to enforce
the terms of this Agreement. Judgment on any award rendered by the Arbitrator
may be entered in any Court of competent jurisdiction.
13. Attorneys' Fees
If any litigation or arbitration is necessary to enforce the terms of this Agreement,
the prevailing party will be entitled to reasonable attorneys' fees and costs.
14. Severability
If any term of this Agreement is found to be unenforceable or contrary to law,
it will be modified to the least extent necessary to make it enforceable, and
the remaining portions of this Agreement will remain in full force and effect.
15. Force Majeure
Neither party will be held responsible for any delay or failure in performance
of any part of this Agreement to the extent that such delay is caused by events
or circumstances beyond the delayed party's reasonable control.
16. Waiver and Modification
The waiver by any party of any breach of covenant will not be construed to be
a waiver of any succeeding breach or any other covenant. All waivers must be
in writing, and signed by the party waiving its rights. This Agreement may be
modified only by a written instrument executed by authorized representatives
of the parties hereto.
17. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect
to its subject matter, and supersedes all prior agreements, proposals, negotiations,
representations or communications relating to the subject matter. Both parties
acknowledge that they have not been induced to enter into this Agreement by
any representations or promises not specifically stated herein.
By using this site or by submitting the MetroEcart Signup form, user agrees to this
MetroEcart user agreement.
