USER'S & ADVERTISER'S TERMS OF USE AND AGREEMENT
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1. HomeschoolSuperMall.com is an e-commerce internet-based
shopping mall that specializes in
providing Internet users with the opportunity
to buy and sell a wide variety of items online.
2. HomeschoolSupermall.com's offers "Add Your Store" program which allows business owners across the United States and other countries the opportunity to submit and display their business title and description, and sell their products and services to online users. In addition, Homeschool Supermall also offers text ads, banner and button advertising programs.
3. Definition of terms:
- "Homeschool Supermall" refers to our website and services located at URL Addressess www.HomeschoolSupermall.com and www.HomeschoolBay.com.
- "Add Your Store" - refers to the store/website/link of a person/advertiser/business placed on HomeschoolSupermall.com's website. When a visitor clicks on a link, the visitor is then taken to the advertiser's website.
- Advertiser(s) - refers to person(s)/business(es) whose links are placed on HomeschoolSupermall.com's website in exchange for a fee as outlined in the Ad Information and Payment Page.
- User(s) - refers to visitors/persons who browse and shop through HomeschoolSupermall.com by clicking through the advertisers's links.
4. NOW, WHEREFORE, in accordance with the terms and
conditions set forth below, HomeschoolSupermall.com, its users and advertisers agree
as follows:
Article 1. Services
1.1 "Add Your Store" - HomeschoolSuperMall.com agrees to provide Advertisers with the
following in connection with the placement of an
"store/website/link" in its website:
a. The placement of Advertiser's Online Store/Website/Link on
HomeschoolSupermall.com's website in the web pages/mall directory and category (or subcategory) where Advertiser elected per shop information on Ad Information and Payment Page.
2.2 Button, Banner, and Tex Ads - HomeschoolSupermall.com agrees to place advertiser's text ads, buttons, or banners on our web pages as described in the Ad Infomation and Payment page at the of this agreement and/or time payment is received from advertiser.
Article 2. Payment, Refunds and Cancellation
2.1 "Add Your Store" - Advertiser agrees to pay to HomeschoolSuperMall.com the corresponding sum indicated in the Ad Information and Payment Page based on the Advertiser's elected advertising package. The one time "Add Your Store" fee is non refundable.
2.2 Button, Banner, and Tex Ads - Advertiser may cancel within 30 days of payment and receive a refund, less $5.00 set-up fee. After 30 days have elapsed, all fees paid to HomeschoolSupermall.com are non-refundable.
Article 3. Advertiser's/User's Responsibilities
3.1 It shall be Advertiser's sole responsibility to monitor and maintain its Online Store. HomeschoolSuperMall.com does not track nor provide click throughs and impressions statistics pertaining to "Add Your Store" links in our mall's directory database.
3.2 It shall be Advertiser's sole responsibility to notify HomeschoolSupermall.com of changes in URL address, and other pertinent business information. HomeschoolSupermall.com is not responsible to refund any amounts for a non-viable /non-active URL.
3.3 HomeschoolSupermall.com does not have any involvement in the completion of purchases and transactions, including but not limited to any refunds or warranties offered. Advertisers and Users are completely responsible for working out the sale and exchange. HomeschoolSupermall.com does not have authority to act for either the seller or buyer. Since the transaction is between Advertisers and Users , HomeschoolSupermall.com does not get involved if there is a dispute between the buyer and seller.
3.4 Advertisers agree to assume all legal liability, losses, and legal fees related to their ad/business links placed on HomeschoolSupermall.com website. These include but are not limited to claims and suits for plagiarism, libel, copyright infringement, trademark violations, harm to minors, or invasion of privacy. Advertisers agree to indemnify and hold harmless HomeschoolSupermall.com, its owners and workers from any such charges or suits.
Article 4. Term
4.1 The term of this Agreement shall begin on the
date this Agreement is executed by Advertiser, and
shall continue for a period indicated in the Ad Information and Payment Page based on the Advertiser's elected advertising package, unless
terminated in accordance with the provisions of
Section 4.3 herein.
4.2 At the end of the purchased advertising period/contract, Advertiser will have the
option of entering into a new Online Store Agreement
with HomeschoolSupermall.com.
4.3 HomeschoolSupermall.com reserves the right to terminate an ad/business at any time for reasons indicated in Article
4.4. Ads/Businesses that we cancel will receive pro-rated refunds less $5.00 set-up fee.
4.4 Ad placement is subject to our approval. We reserve the right to decline and terminate ads/businesses that have objectionable and inappropriate contents. These include but are not limited to: foul language, pornography, alternative lifestyles, cult activities, gambling, plagiarism, pirated warez, products that violate copyright and trademark laws, etc).
4.5 HomeschoolSupermall.com reserves the right to change prices, terms and conditions based on the prevailing market conditions and demand. Existing contract advertisers will not be affected by such changes for the duration of their contract.
4.6 HomeschoolSupermall.com does not guarantee, either verbal or written or implied, that placement of advertiser's ad/link will result in sales, income, or other earnings.
Article 5. Our Liabilities
5.1 If HomeschoolSupermall.com makes an error with Advertiser's ad description or URL, HomeschoolSupermall.com's liability is limited to fixing it. The Advertiser is responsible for notifying HomeschoolSupermall.com of any errors.
5.2 HomeschoolSupermall.com, its owners and workers are not responsible for events beyond their control which may cause the website to go down in full or part. HomeschoolSupermall.com is also not responsible for any losses due to the site's inaccessibility.
5.3 HomeschoolSupermall.com does not have any involvement in the completion of purchases and transactions, including but not limited to any refunds or warranties offered. Advertisers and Users are completely responsible for working out the sale and exchange. HomeschoolSupermall.com does not have authority to act for either the seller or buyer. Since the transaction is between Advertisers and Users , HomeschoolSupermall.com does not get involved if there is a dispute between the buyer and seller.
5.4 Advertisers agree to assume all legal liability, losses, and legal fees related to their ad/business links placed on HomeschoolSupermall.com website. These include but are not limited to claims and suits for plagiarism, libel, copyright infringement, trademark violations, harm to minors, or invasion of privacy. Advertisers agree to indemnify and hold harmless HomeschoolSupermall.com, its owners and workers from any such charges or suits.
Article 6. General
6.1 HomeschoolSupermall.com represents and warrants that
(1.) at all
times it is the owner of the HomeschoolSupermall.com website,
(2.) it has the right and authority to enter into
this Agreement,
(3.) it has the right to offer an
Online Store herein, and
(4.) has the ability to
perform its obligation hereunder.
6.2 Arbitration
Any controversy or claim arising out of or relating to this Agreement or 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 Alabama, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or HomeschoolSupermall.com may seek any interim or preliminary relief from a court of competent jurisdiction in Alabama necessary to protect the rights or property of you or HomeschoolSupermall.com pending the completion of arbitration.
6.3 Choice of Law
This Agreement shall be governed in all respects by the laws of the State of Alabama as such laws are applied to agreements entered into and to be performed entirely within Alabama between Alabama 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. 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.
6.4 Assignment, Transfer, Sub-Contracting
HomeschoolSupermall.com may assign, subcontract, or transfer this Agreement and/or its Services anytime at its sole discretion.
In the event HomeschoolSupermall.com offers any additional or replacement services then this
agreement shall apply to such services in the absence of any new agreement specific to
such services which is entered into between the parties.
6.5 Amendments
HomeschoolSupermall.com may amend this Agreement at any time by posting the amended terms on its Web site. Member Advertisers will also be notified by e-mail of changes. Continued participation and use of HomeschoolSupermall.com services means you assent to such changes. It is the Advertiser's and User's responsibility to check these Terms and Conditions from time to time for such
changes.
6.6 This Agreement constitutes the entire agreement
between HomeschoolSupermall.com and Advertiser/User.
6.7 Any written notices to HomeschoolSupermall.com shall be sent to:
Josefina R. Howard
RE: HomeschoolSupermall.com
PSC 451 Box 303
FPO AE 09834-2800 USA
Or by completing the feedback form.
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