By signing up for the Center for Advancing Retail & Technology (CART) service (“Service”) or any of the services of CART Inc. (“CART”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at here. CART reserves the right to update and change the Terms of Service by posting updates and changes to the CART website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
1. Account Terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- You must provide your full legal name, a valid email address, and any other information needed in order to complete the signup process.
- You acknowledge that CART will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. CART cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You must not transmit any worms or viruses or any code of a destructive nature in the CART environment.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of CART will result in an immediate termination of your services.
- If you purchase any of our paid Services, you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your Service.
- Solutions subscribing for CART Registered or CART Registered PLUS agree to annually renewable agreements that must be paid in advance. Corresponding services may be adjusted in the sole discretion of CART.
2. Account Activation
- The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
3. General Conditions
- You may not use the CART service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by CART.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use CART, The Center for Advancing Retail & Technology or trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to email@example.com.
4. CART Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any CART customer, CART employee, member, or officer will result in immediate account termination.
- CART does not pre-screen CART Content and it is in users' sole discretion to refuse or remove any CART Content that is available via the Service.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that CART employees and contractors may also be CART customers/retailers and that they may compete with you, although they may not use your confidential information in doing so.
- In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, etc.
- CART retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, CART reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
5. Limitation of Liability
- You expressly understand and agree that CART shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall CART 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). You agree to indemnify and hold us and (as applicable), subsidiaries, affiliates, CART partners, 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.
- Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
- CART does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- CART does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- CART does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
6. Waiver and Complete Agreement
The failure of CART to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and CART and govern your use of the Service, superseding any prior agreements between you and CART (including, but not limited to, any prior versions of the Terms of Service).
7. Intellectual Property and Content
- We do not claim any intellectual property rights over the material you provide to the CART service. All material you upload remains yours. You can remove your CART profile at any time by writing us at firstname.lastname@example.org. This will also remove all content you have stored on the Service.
- You retain ownership over your profile; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.
- You retain ownership over all content that you submit to CART.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
- All solution, company and affiliate names are, or may be, trademarks TM or registered ® trademarks of their respective holders. Use of them by CART on this website does not imply any affiliation with, or sponsorship or endorsement by, them, unless otherwise stated.
- *POPAI is not affiliated with CART in any way. POPAI has not licensed any intellectual property for use on this website. All information provided herein was obtained from publicly available sources.
9. CART Solutions and Due Diligence
- CART is an online directory of independent third parties (“Solutions”) that can help you build and operate your retail store.
- CART takes no responsibility for any work performed by the Solutions or failure to fulfill a work order. Links to websites of Solutions, announcements about services or offers, and responses to email inquiries regarding Solutions, are provided solely for informational purposes at the discretion of CART and shall not be construed or imply permission, or an affiliation, position regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation or endorsement of any website, product, service, activity, business, organization, or person, and any offers, products, services, statements, opinions, content or information on any linked third-party website.
- Under no circumstances shall CART be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and CART Soltuions. These limitations shall apply even if CART has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.
- CART takes no responsibility for our work done around CART Registered and CART Registered PLUS Solutions as it serves as directional support only.
10. Cancellation and Termination
- You may cancel your account at anytime by emailing email@example.com then following the specific instructions indicated to you in CART’s response.
- Once cancellation is confirmed, all of your CART profile will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
- We reserve the right to modify or terminate the CART service for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, CART may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
11. Modifications to the Service and Prices
- CART reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
- CART shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
12. Optional Tools
- CART may provide you with access to third party tools over which CART neither monitors nor has any control or input.
- You acknowledge and agree that CART provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. CART shall have no liability whatsoever arising from or relating to your use of optional third party tools.
- Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
- CART strongly recommends that retailers seek specialist advice before using or relying on certain tools.
13. DMCA Notice and Takedown Procedure
CART supports the protection of intellectual property and asks CART merchants to do the same. It's our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to CART’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure.