Merchant Terms and Conditions
ShoppersEdge Merchant Accounts
These Terms of Service govern the use of the SHOPPERSEDGE Service as described below (the " SHOPPERSEDGE Service"). By checking "Agree" on the Merchant Sign Up page you are agreeing to the Merchant Terms and Conditions. If you do not agree to these terms, do not click "I agree" and do not use the SHOPPERSEDGE Service. If you do not accept these Terms of Service, you should not use the SHOPPERSEDGE Service or Website.
Changes to Terms of Service:
SHOPPERSEDGE Inc., reserves the right, from time to time, with or without notice to you, to change these Terms of Service in its sole and absolute discretion. The most current version of the Terms of Service will supersede all previous versions. The most current version of these Terms of Service can be accessed by clicking on the "Terms of Service" link located at the bottom of the SHOPPERSEDGE website. You should periodically visit the Terms of Service page on SHOPPERSEDGE's website so you are aware of the terms and conditions that apply to your use of the SHOPPERSEDGE Service and website. Your continued use of the SHOPPERSEDGE Service and website will represent your acceptance of the most current Terms of Service.
Description of SHOPPERSEDGE Service:
The SHOPPERSEDGE Service is provided by SHOPPERSEDGE, Inc. ("us" or "we"), 667 Little Britain Road, New Windsor, NY 12553. The SHOPPERSEDGE Service is a mobile advertising service that provides you the capability to communicate with potential customers through SMS text message or the mobile web. Please direct all questions regarding the SHOPPERSEDGE Service to: SHOPPERSEDGE Customer Service, 667 Little Britain Road New Windsor, New York, 12553. SHOPPERSEDGE reserves the right in its sole and absolute discretion to change how it operates the SHOPPERSEDGE Service and website. You should not consider any description of how the SHOPPERSEDGE Service works to be a representation or obligation with respect to how the SHOPPERSEDGE Service will work in the future.
Activating the SHOPPERSEDGE Service:
By using the SHOPPERSEDGE Service you are expressly agreeing that SHOPPERSEDGE is authorized to charge you the amount specified in the Merchant Agreement The amount collected is for advertising services plus sales tax if applicable and other fees related to your Merchant Agreement. You expressly agree that SHOPPERSEDGE, Inc. may extend your use of the SHOPPERSEDGE Service by charging the payment method you provided during registration (or to a different Payment Method if you change your account information). The Services charges, applicable taxes, and any other fees incurred will automatically be charged to your SHOPPERSEDGE Account. Fees are payable only in U.S. dollars. SHOPPERSEDGE may change the fees and charges in effect, or add new fees and charges from time to time. There may be a temporary disruption of your access to the SHOPPERSEDGE Service until SHOPPERSEDGE can verify the validity of any new credit or debit card information.
Positioning. Except as otherwise expressly provided in the Merchant Agreement, positioning of advertisements within the SHOPPERSEDGE, Inc. network is at the sole discretion of SHOPPERSEDGE, Inc.
No Refunds - All Sales are Final
Product and Pricing:
Merchant Account $299 per year, providing full access to all ShoppersEdge services and up to 24 @MobileID push messages. Additional push messages can be purchased separately. Contact our Business office for pricing.
You are responsible for maintaining the confidentiality of your account information, including but not limited to your account password and for restricting access to your computer or mobile device. You acknowledge and agree that you assume full responsibility for the conduct of those to whom you disclose your account information or password. If you use a public or shared computer or unprotected mobile device, you should always log out at the end of each visit to the SHOPPERSEDGE website. If you believe that you may be victim of identity theft involving your SHOPPERSEDGE account, you should notify customer service and report any information about this instance to your card issuers and local law enforcement. SHOPPERSEDGE reserves the right to place any account on hold anytime with or without notification to you in order to protect itself and its partners from what it believes to be fraudulent activity. SHOPPERSEDGE is not obligated to credit or discount a membership for holds placed on the account by either a representative of SHOPPERSEDGE or by the automated processes of SHOPPERSEDGE.
Termination by SHOPPERSEDGE:
We reserve the right to terminate your SHOPPERSEDGE Account and/or your use and access to the SHOPPERSEDGE Service at any time with or without cause. If your SHOPPERSEDGE Service is terminated for any reason, your credit card will be refunded any U.S. dollar balance that remains in your SHOPPERSEDGE Account.
You agree that any violation or breach by you of these Terms of Service will result in irreparable harm to us, that monetary damages will be an inadequate remedy, and you hereby agree that we shall be entitled to seek injunctive relief.
If any provision of these Terms of Service is deemed unlawful, void, or for any reason unenforceable, then that provision shall be severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Governing Law, Determination of Disputes:
This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any principles of conflicts of law.
Disclaimer of Warranties:
THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FRUGALDOO,INC. AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS (COLLECTIVELY, "FRUGALDOO PARTIES"), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICE OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE. EACH FRUGALDOO PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE FRUGALDOO PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. THE FRUGALDOO PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICE.
You agree to indemnify, defend, and hold FRUGALDOO and its affiliates, officers, agents, co-branders, licensors, partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the SHOPPERSEDGE Service or SHOPPERSEDGE Devices, including without limitation, your violation of these Terms of Service, or your violation of any rights of another.
PLEASE DIRECT ANY QUESTIONS OR CONCERNS RELATED TO YOUR BILLS OR SERVICE TO:
661 Little Britain Road
New Windsor, NY 12553
Copyright © 2013 ShoppersEdge, Inc.