Company: Robot Voice Media LLC DBA: Queso Labs / RetailrApp.com

Date: October 21, 2013

This Merchant User Agreement ("Agreement") is between you, the user, together with any company or other business entity you are representing, if any (collectively, "You"), and Robot Voice Media LLC, doing business as ("Queso Labs"), the company providing the ("Service") branded as Retailrapp.com ("Retailr"). Retailr provides e-commerce and shopping cart solutions that enable Retailers to build online stores through which they can sell their products and services online.

This Agreement explains the terms and conditions governing your use of the Retailr solution, services, technology and any other content available during your sign-up period.

By accessing or using Retailr in any way, including, browsing this Site, using any information, or submitting your personal information to Retailr, you agree to and are bound by the terms, conditions, policies and notices contained in this Agreement.

Account Terms

  1. You must be 18 years or older to use this Service.
  2. You must provide your full legal name, a valid email address, current address and any other information needed in order to complete the sign up process.
  3. You may not use the Retailr service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  4. You are responsible for the security of your account and password. Queso Labs cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
  5. You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your Retailr account.
  6. You must not transmit any worms or viruses or any code of a destructive nature.
  7. A breach or violation of any of the Account Terms as determined in the sole discretion of Queso Labs will result in an immediate termination of your services.
  8. Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins up to the maximum amount allowed by your plan.

General Terms and Conditions

  1. Queso Labs reserves the right to refuse service to anyone for any reason at any time.
  2. Queso Labs reserve the right to modify or terminate the Service for any reason, at any time.
  3. Technical support is provided to trial members and paying account holders and is available via email and our Help Section.
  4. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
  5. You understand that Queso Labs uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  6. Your profile and materials uploaded remain yours. We claim no intellectual property rights over the material you provide to the Service.
  7. Queso Labs does not warrant that the service will be uninterrupted, timely, secure, or error-free.
  8. 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.
  9. 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 Queso Labs.
  10. Queso Labs does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through our Service.
  11. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  12. 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, or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
  13. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Queso Labs customer, employee, member, or officer will result in immediate account termination.
  14. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
  15. You must not transmit any worms or viruses or any code of a destructive nature.
  16. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Queso Labs) of other Queso Labs customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  17. Queso Labs does not warrant that (i) the service will meet your specific requirements, (ii) the results that may be obtained from the use of the service will be accurate or reliable, (iii) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
  18. You expressly understand and agree that Queso Labs 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 Queso Labs 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.
  19. The failure of Queso Labs 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 Queso Labs and govern your use of the Service, superceding any prior agreements between you and Queso Labs (including, but not limited to, any prior versions of the Terms of Service).

Account Payment, Refunds, Upgrading and Downgrading Policies

  1. A valid credit card is not required for signing up under the 30-day free trial. A valid credit card IS required to continue your account after the 30-day free trial.
  2. If you initially sign up for a Free Trial, Basic, Plus, or Premium account, and you don't cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
  3. An upgrade from the free trial to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
  4. 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, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  5. 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 duties, excluding only United States (federal or state) taxes.
  6. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  7. Downgrading your Service may cause the loss of Content, features, or capacity of your Account.

Use of Paypal

You will have the option of using PayPal as a Payment Solution or You may choose not to use PayPal. Using PayPal as a "Payment Solution" means that You are providing PayPal as a payment option to customers of Your Store in conjunction with a third party online payment processing solution. In order to use PayPal with Your Store, You are required to sign up for a PayPal Standard, Business or Premier PayPal account and comply with the PayPal User Agreement and PayPal Privacy Policy.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. You can cancel your account at any time by emailing info (@) quesolabs.com or clicking on the HELP section to open a ticket for requesting cancellation of your account. Please include the name of your store.
  2. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is canceled.
  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. Queso Labs, 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 Queso Labs service. 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. Queso Labs reserves the right to refuse service to anyone for any reason at any time.

API Terms

Customers may access their Retailr account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Retailr, is bound by the terms of this agreement plus the following specific terms:

  1. You expressly understand and agree that Queso Labs 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 Queso Labs has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
  2. Queso Labs reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with notice.
  3. Queso Labs, in its sole discretion, will determine abuse or excessive usage of the API. Abuse or excessively frequent requests to Retailr via the API may result in the temporary or permanent suspension of your account's access to the API. Queso Labs will make a reasonable attempt via email to warn the account owner prior to suspension.

Copyright and Content Ownership

  1. All contents of this Site are: ©2010- 2013 Robot Voice Media, LLC., doing business as Queso Labs. All rights reserved.
  2. This Site contains copyrighted materials trademarks, service marks, logos, and other proprietary content, including but not limited to text, software, photographs, images, video and the "look and feel" of this Site and the Content are copyrighted as a collective work under United States copyright laws. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Queso Labs.
  3. Your profile and materials uploaded remain yours. We claim no intellectual property rights over the material you provide to the Service. However, by using the Retailr service, you agree to allow others to view and share your Content.
  4. Queso Labs does not pre-screen Content, but has the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available via the Service.
  5. All content posted on the Service is must comply with U.S. copyright law. In accordance with the Digital Millennium Copyright Act ("DMCA"), http://lcweb.loc.gov/copyright/, Queso Labs has designated an agent to receive notifications of alleged copyright infringement associated with the Service.

Modifications To Terms

Queso Labs reserves the right to update and change the Retailr 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.

Violation of any of the terms of service will result in the termination of your Account. While Queso Labs prohibits such conduct and Content on the Service, you understand and agree that Queso Labs 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.

Modifications to the Service and Prices

  1. Queso Labs reserves the right at any 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 RetialrApp.com Site or (QuesoLabs.com).
  3. Queso Labs shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Retailr Software, the Services, Your Content, and Your listing and sale of products and services on Your Store.

Acknowledgment

You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

For Questions regarding the Terms of Service: info@quesolabs.com

Queso Labs
Retailrapp.com
Austin, TX

 

Try Retailr free for 30 days. No commitment, cancel anytime.