This Agreement (hereinafter referred to as "the Agreement") is entered into by and between Internet Specialty Services, LLC (hereinafter referred to as "the Company"), a Limited Liability Company organized under the laws of the State of Kansas, and the undersigned user (hereinafter referred to as "the User"). For the purposes of this Agreement, the term "website" refers to the digital platform, online interface, or any services developed, customized, hosted, or otherwise provided by the Company for the User through the Company's Software as a Service (SaaS) ecommerce platform known as AddStores, including its associated backend controls (collectively referred to as "the Platform").
By accepting these Terms of Service, you represent and warrant that you have the authority to bind the entity you represent to these terms. The terms ‘you’ and ‘your’ in this agreement refer to both the individual accepting these terms and the entity they represent.
The User hereby acknowledges being granted access to the Platform, along with its associated backend controls. The User understands and agrees that they bear sole responsibility for any and all customizations, modifications, content postings, or uploads made to their website through the use of the Platform.
The Platform , its underlying technologies, and all associated materials are the intellectual property of the Company and are protected under applicable intellectual property laws.
The Platform may rely on third-party services or integrations. The Company is not responsible for the actions, content, or data handling practices of these third-party services.
The Company is not responsible for any typographical errors, inaccuracies, or omissions related to the description of products, services, pricing, and any other content provided through the Platform. The Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. Users acknowledge that the information available through the Platform may include inaccuracies or errors and that the Company does not guarantee the accuracy or completeness of any information found on the Platform. Users agree to exercise caution and common sense when using the Platform and to rely on their own judgment and that of qualified professionals in making decisions based on information obtained through the Platform.
The User hereby agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors, and suppliers, from and against all claims, losses, expenses, damages, and costs, including but not limited to direct, incidental, punitive, exemplary, and consequential damages, arising or resulting from their use of the Platform or any violation of this Agreement.
The Company provides the Platform "as is" and "as available", without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement, and without any additional warranties beyond what is expressly stated in this Agreement. The Company does not guarantee that the Platform will be error-free, uninterrupted, or available at all times.
The User acknowledges that the Company is not responsible for any legal liabilities arising from their website's content, design, accessibility, privacy concerns, or any other related issue. It is the User's sole responsibility to ensure compliance with relevant laws and regulations.
While the Company implements daily backups and snapshots of data on the Platform, it does not guarantee the recoverability of this data. Therefore, Users bear the primary responsibility for maintaining and securing their data backups. For Users requiring more robust data safeguarding solutions, additional backup arrangements can be made available for a fee, based on the User’s specific requirements. Nonetheless, the Company shall not be held liable for any loss, alteration, or corruption of data, whether it arises from server malfunctions, data breaches, or other external factors beyond the Company’s control.
User Responsibilities: The User agrees to maintain a strong and unique password for their account on the Platform and to uphold all necessary precautions to protect their account and personal data from unauthorized access.
Company Responsibilities: The Company commits to implementing and maintaining industry-standard security measures to safeguard user data on the Platform. However, no digital platform can guarantee absolute security.
Notification: In the event of a confirmed data breach that impacts User information on the Platform, the Company will notify the User in accordance with applicable laws and as promptly as practicable.
Limitation of Liability: While the Company takes all reasonable security precautions, it assumes no liability for data breaches that arise from unforeseen security vulnerabilities, sophisticated cyber-attacks, or User negligence.
The User agrees not to engage in any activity that interferes with or disrupts the Platform or the servers and networks connected to the Platform. The User shall not attempt to gain unauthorized access to any features or areas of the Platform, other accounts, computer systems, or networks connected to the Platform through hacking, password mining, or any other means. The User agrees not to circumvent, disable, or otherwise interfere with any security-related features of the Platform or features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform or its content. Violation of these provisions may result in the termination of User’s access to the Platform and may be subject to legal action.
The Company reserves the right to terminate or suspend a User's account on the Platform due to breach of these terms, failure to make due payments, or any security or legal concerns.
Any disputes arising out of this Agreement will first attempt resolution through mediation. If mediation is unsuccessful, the dispute will proceed to binding arbitration under the laws of the State of Kansas.
This Agreement is governed by and interpreted in accordance with the laws of the State of Kansas, and any disputes arising from it will be adjudicated in the same jurisdiction.
The Company is not liable for any delays or failures in performance resulting from events outside its reasonable control, including but not limited to acts of nature, wars, or governmental actions.
This Terms of Service Agreement not only governs the use of the Platform, but also extends to any add-on services, consulting, or additional work provided by the Company or its authorized agents (collectively referred to as “Additional Services”). The term “Additional Services” encompasses any supplementary services, consulting, or work that the User may request, purchase, or agree to receive from the Company or its agents in connection with or arising out of the User’s use of the Platform. All provisions within this agreement, including but not limited to, limitations of liability, indemnification, and dispute resolution, shall apply mutatis mutandis to the provision and use of Additional Services, unless explicitly stated otherwise in writing by the Company.
By clicking the "I have read and accept these terms" button below this Agreement, the User acknowledges that they have read, understood, and accepted the terms of this Agreement. Clicking the button and proceeding to use the Platform signifies the User’s acceptance of these terms and conditions.
The Company reserves the right to make additions, updates, or modifications to this Agreement at any time without prior notice. Any future modifications will be presented to the User during the login process to the Platform. It is the User's responsibility to review and accept any modified terms before continuing to use the Platform.