Terms of Use
MerchandiZer Software presents this website to you, the user, free of charge (except where noted) on an "as is" basis. MerchandiZer Software, herein after referred to as 'The Company':
- When using our web site(s), you agree to the terms and conditions listed on this page ("Terms of Service"), which may be updated from time to time as needed.
- When we say 'using our site(s)' - we mean - when you browse through our site(s), conduct a transaction, complete a form, post to the forum, etc.
By using our site, you agree that you have read & that your adequately comprehend the Privacy Policy, the Disclaimer, and the Copyright notice.
THE COMPANY WILL NOT BE/IS NOT LIABLE FOR:
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE OUR WEB SITE SERVICES, RESULTING FROM ANY MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OUR WEBSITE.
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF The Company HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless The Company, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our services, your violation of the Terms of Service or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Service will inure to the benefit of The Company's successors, assigns and licensees.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by The Company.
ADMINISTRATIVE CONTACT INFORMATION:
MerchandiZer Software
1400 NW 96th Avenue, Suite 110
Miami, Florida 33172
P: 305.477.8177
Toll Free: 877.544.7447
F: 305.477.7563
via email to: legal at merchandizer dot com
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