Registered users login here | FAQs    

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
   
  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.
   
2. MyStoreMaps Service Fees, Money Back Guarantee and Services
   
 

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 Annual Fee
0 to 500 $19.95 per year  
501 to 1,500 $33.95 per year  
1,501 to 3,000 $44.95 per year  
3,001 to 5,000 $69.95 per year  
     Over 5,000   $99.95 per year  
     Unlimited eBay auction and store listings!

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.

   
3. Breach
   
 

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:

  1. you breach this Agreement or the documents it incorporates by reference;
  2. we are unable to verify or authenticate any information you provide to us; or
  3. we believe that your actions may cause financial loss or legal liability for you, buyers or us.
   
4. Privacy
   
  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.
   
5. No warranty
   
  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.
   
6. Liability limit
   
 

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:

  1. the amount of fees you pay to us in the 12 months prior to the action giving rise to liability, and
  2. $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.

   
7. Indemnity
   
  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.
   
8. Legal compliance
   
  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.
   
9. No agency
   
  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.
   
10. Notices
   
 

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.

   
11. Arbitration
   
 

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.

   
12. Additional terms
   
 

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.

   
13. General
   
 

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.

   
14. Disclosures
   
  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.
   
15. Additional information
   
 

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

 
Privacy Policy  |  User Agreement  |  About Us  |  Contact Us  |  Partners