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Home | Sign-up | FAQs
User Agreement
Welcome to the User Agreement for the MyStoreMaps
Service (Map(s) Service). The following describes the terms on which
you are offered access to our Map(s) Services.
This agreement describes the terms and conditions applicable
to your use of our Map(s) Services available under the domain of www.MyStoreMaps.com
and the general principles for the Web site. If you do not agree to be
bound by the terms and conditions of this agreement, please do not use
or access our services.
If you have any questions, please refer to our Map
Frequently Asked Questions.
You must read, agree with and accept all of the terms and
conditions contained in this user agreement and the Map Privacy Policy,
which include those terms and conditions expressly set out below and
those incorporated by reference, before you may become a user of MyStoreMaps.
We may amend this agreement at any time by posting the amended
terms on MyStoreMaps. Except as stated below, all amended terms shall
automatically be effective 30 days after they are initially posted on
our site. In addition, we will notify you of any changes via e-mail.
This agreement may not be otherwise amended except in writing signed
by you and MyStoreMaps.com.
This agreement is effective on June 1, 2007.
| 1. |
Membership eligibility |
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Our services are available
only to individuals who can form legally binding contracts under
applicable law. Without limiting the foregoing, our services are
not available to minors or to temporarily or indefinitely suspended
MyStoreMaps members. Your MyStoreMaps account and User ID may
not be transferred or sold to another party. If you are registering
as a business entity, you represent that you have the authority to
bind the entity to this agreement. You can register for more than
one User ID but you may only use the MyStoreMaps service with registered
User IDs. |
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| 2. |
MyStoreMaps Service Fees, Money Back Guarantee
and Services |
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Our
Fees and Credits Policy are incorporated by reference.
Fees and Credits Policy
Annual Fee:
Our Map(s) Service is offered on an annual basis. You may choose one
or more maps to use for our Map(s) Service. For any one, two, three
or all maps the cost will be according to your eBay Feedback.
| MyStoreMaps fees |
| eBay Feedback Score |
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Annual Fee |
| 0 |
to |
500 |
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$19.95
per year |
| 501 |
to |
1,500 |
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$33.95
per year |
| 1,501 |
to |
3,000 |
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$44.95
per year |
| 3,001 |
to |
5,000 |
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$69.95
per year |
| Over 5,000 |
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$99.95
per year |
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Unlimited eBay auction and store listings!
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The Annual Fee provides you with the right
to have MyStoreMaps administer your map as outlined on our
site and in our User Agreement. Specifically, we will send you
a Displayed Text file with HTML code to post on your sale listings.
This Displayed Text file will include your unique map image showing
where you have shipped to customers. You will post this Displayed
Text file on any or all your listing/selling page(s) or you can
use MyStoreMaps.com to post the image. At the conclusion of
your listings, MyStoreMaps will evaluate each of your sales
and capture the address information for the buyer. We will use
this information to update your Map(s). Updates will generally
occur on a daily basis.
Money-Back Guarantee:
MyStoreMaps offers a 100% money-back guarantee covering the Annual Fee. If you
are unhappy with your MyStoreMaps subscription for any reason,
you can get your money-back anytime within one year of your start
date by sending an email to CustomerService@mystoremaps.com requesting
a refund upon your cancellation.
A detailed discussion and review of our fees
and our money-back guarantee can be read on our FAQ pages under: What does the Map Service cost?
We may change our Fees and Credits Policy
and the fees for our services from time to time. Our changes
to the policy are effective after we provide you with at least
fourteen (14) days' notice of the changes by posting the changes
on the announcements board or sending you an e-mail notice. However,
we may choose to temporarily change our Fees and Credits Policy
and the fees for our services for promotional events. Such changes
are effective when we post the temporary promotional event on
the announcements board.
Unless otherwise stated, all fees are quoted
in U.S. Dollars. You are responsible for paying all fees associated
with using our service and our Web site and all applicable taxes.
Payments are accepted through PayPal®, payable to billing@mystoremaps.com.
If you are offered a free trial for our Map
service by a third party organization or service, the terms of
that offer including any fees for our service and specific privacy
policies for our service will be listed separately under that
special offer. You agree to be bound by the terms of that special
offer as associated with the offering organization.
Price Guarantee:
You may cancel your use of MyStoreMaps at any time within 1 Year and
you will receive a full refund of your fees paid to us. To cancel,
send an email to customerservice@mystoremaps.com with the subject "Guarantee
Refund Request" and
provide your eBay User ID. Your refund will be sent to you via PayPal®.
Refunds are not allowed after 1 Year.
Annual Renewal:
10 days prior to your annual subscription renewal date, you will receive
an email invoice for the then current annual fees for your selected
Map(s) Service. You must pay this invoice within 30 days of the renewal date
or your service will automatically default.
Upon your default, solely at our discretion,
we may continue to operate your subscription while we attempt to collect your annual renewal subscription payment.
If your account does go into default, you expressly provide us with your permission to continue your MyStoreMaps service
while we continue to collect your renewal payment.
If we continue your service while your account is in default you expressly give us your permission
to add any information we choose to your map detail page on our servers. We agree to remove any information we
have added after you pay your renewal payment and any late penalty fee. Late Penalty Fees will be charged when your
account is 30-days past due. Late Penalty Fees will be equal to 20% of your then current annual fee.
The 20% penalty fee is non-refundable and our Price Guarantee does not apply to the Late Penalty Fee.
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| 3. |
Breach |
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Without limiting other
remedies, we may require you to remove any postings of our Map(s)
service on any of your listings, and we may request you cease any
additional postings of our Map(s) Service on any future listings
you make, and we may notify eBay’s VERO program of your infringement
on our Map(s) and seek to have your auction listing removed and
we may alter the Map(s) we provide you and we may temporarily suspend,
indefinitely suspend or terminate your membership and refuse to
provide our services to you if:
- you breach this Agreement or the documents
it incorporates by reference;
- we are unable to verify or authenticate
any information you provide to us; or
- we believe that your actions may cause
financial loss or legal liability for you, buyers or us.
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| 4. |
Privacy |
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We use your personal information,
including transaction information, only as described in the Privacy
Policy. We view protection of users' privacy as a very important
business principle. We understand clearly that you and your information
are one of our most important assets. We store and process your information
on computers located in the United States that are protected by physical
as well as technological security devices. For more information,
please read the Privacy Policy. If you object to your Information being transferred or used in this way please
do not use our services. |
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| 5. |
No warranty |
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We, our subsidiaries, employees
and our suppliers provide our Web site and services "as is" and without any warranty or condition, express, implied or statutory. We, our
subsidiaries, employees and our suppliers specifically disclaim any
implied warranties of title, merchantability, fitness for a particular
purpose and non-infringement. Some states do not allow the disclaimer
of implied warranties, so the foregoing disclaimer may not apply
to you. This warranty gives you specific legal rights and you may
also have other legal rights that vary from state to state. |
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| 6. |
Liability limit |
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In no event shall
we, our subsidiaries, employees or our suppliers be liable for
lost profits or any special, incidental or consequential damages
arising out of or in connection with our site, our services or
this agreement (however arising, including negligence).
Our liability, and the liability of our subsidiaries,
employees, and suppliers, to you or any third parties in any
circumstance is limited to the greater of:
- the amount of fees you pay to us in
the 12 months prior to the action giving rise to liability,
and
- $100.
Some States do not allow the exclusion or
limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
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| 7. |
Indemnity |
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You agree to indemnify and
hold us and (as applicable) our parent, subsidiaries, affiliates,
officers, directors, agents, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of your breach of this Agreement or the
documents it incorporates by reference, or your violation of any
law or the rights of a third party. |
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| 8. |
Legal compliance |
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You shall comply with all
applicable domestic and international laws, statutes, ordinances
and regulations regarding your use of our service and your listing,
promotion, solicitation of offers to purchase, and sale of items
relating to the offering or application of a bonus store credit. |
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| 9. |
No agency |
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You and MyStoreMaps are
independent contractors, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended
or created by this Agreement. |
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| 10. |
Notices |
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Except as explicitly
stated otherwise, any notices shall be given by postal mail to:
MyStoreMaps.com
Attn: Legal Department
101 Longwood Drive
Chapel Hill, NC 27514
(in the case of MyStoreMaps.com) or to the e-mail
address you provide to MyStoreMaps.com during the registration
process (in your case).
Notice shall be deemed given 24 hours after
e-mail is sent, unless the sending party is notified that the
e-mail address is invalid. Alternatively, we may give you notice
by certified mail, postage prepaid and return receipt requested,
to the address provided to MyStoreMaps.com during the registration
process. In such case, notice shall be deemed given 3 days after
the date of mailing.
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| 11. |
Arbitration |
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Any legal controversy
or legal claim arising out of or relating to this Agreement or
our services, excluding legal action taken by MyStoreMaps.com to
collect our fees and/or recover damages for, or obtain an injunction
relating to the MyStoreCredit site operations, and our services,
shall be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association.
Any such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any
claim or controversy of any other party.
The arbitration shall be conducted in Raleigh,
North Carolina and judgment on the arbitration award may be entered
into any court having jurisdiction thereof. Either you or MyStoreMaps.com
may seek any interim or preliminary relief from a court of competent
jurisdiction in Raleigh, North Carolina necessary to protect
the rights or property of you or MyStoreMaps.com pending the
completion of arbitration. Should either party file an action contrary
to
this provision, the other party may recover attorney's fees and
costs up to $1000.00.
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| 12. |
Additional terms |
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The following policies
are incorporated into this Agreement by reference and provide additional
terms and conditions related to specific services offered on our
site:
Each of these policies may be changed from
time to time and are effective immediately after we post the
changes on our site, except for the Privacy Policy for which
we will provide you with thirty days prior notice. In addition,
when using particular services on our site, you agree that you
are subject to any posted policies or rules applicable to services
you use through our site, which may be posted from time to time.
All such posted policies or rules are hereby incorporated by
reference into this Agreement.
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| 13. |
General |
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This Agreement shall
be governed in all respects by the laws of the State of North Carolina
as such laws are applied to agreements entered into and to be performed
entirely within North Carolina between North Carolina residents.
We do not guarantee continuous, uninterrupted or secure access
to our services, and operation of our site may be interfered with
by numerous factors outside of our control. If any provision of
this Agreement is held to be invalid or unenforceable, such provision
shall be struck and the remaining provisions shall be enforced.
You agree that this Agreement and all incorporated
agreements may be automatically assigned by MyStoreMaps.com,
in our sole discretion, to a third party in the event of a merger
or acquisition.
Headings are for reference purposes only and
in no way define, limit, construe or describe the scope or extent
of such section. Our failure to act with respect to a breach
by you or others does not waive our right to act with respect
to subsequent or similar breaches.
This Agreement sets forth the entire understanding
and agreement between us with respect to the subject matter hereof.
Sections 2 (Fees and Services) with respect to fees owed for
our services, 3.3 (Release), 3.4 (Second Transaction Verification),
9 (Liability Limit), 10 (Indemnity) and 14 (Arbitration) shall
survive any termination or expiration of this Agreement.
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| 14. |
Disclosures |
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The services hereunder are
offered by MyStoreMaps.com, located at 101 Longwood Drive, Chapel
Hill, NC 27514. If you are a North Carolina resident, you may have
this same information e-mailed to you by sending a letter to the
foregoing address with your e-mail address and a request for this
information. |
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| 15. |
Additional information |
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We encourage you to
report all user-to-user disputes to your local law enforcement,
postmaster general, or a certified mediation or arbitration entity.
Additionally, you may report complaints to
North Carolina Department of Agriculture & Consumer Services, 2 West Edenton Street, Raleigh, NC 27601
Mailing Address: PO Box 27647, Raleigh NC
27611, Phone number: (919) 733-7125
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