CPQcart Terms of Agreement
1. e Market Places LLC provide CPQcart per specification at http://www.cpqcart.com/Specifications . We reserve the right to change the specification at any time to suit the needs to continue improving the CPQcart product suite.
2. The product is protected by copyright and US Patent 7747469 & customer shall not reverse engineer the product. The Schema-XSD & XSL supplied can only be used with CPQcart. Customer shall be responsible to advise any 3rd party people that should need to give access to the web site. e Market Places LLC owns the copyrights of the XSD Pre-Defined Form and can use the XSD Pre-Defined Form for demo & other customer, but the pricing math will be modified.
3. We reserve the right to change web hosting server & will notify customer if this should occur & will keep the down time at a minimum.
4. The price listed is specifically items in your shopping cart. It does not include any other work, any conversion of data, any integration to other products, any programming not included in the cart.
5. The customer is responsible to run the ACCEPTANCE TEST and that you understand how to operate the software and that it functions properly under all conditions of your business.
6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES: In no event shall e Market Places LLC or its affiliates be liable for any damages whatsoever (including, but not limited to damage for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the work of support personnel, even if e Market Places LLC has been advised of the possibility of such damages. As some states, do not allow the exclusion or limitation for consequential or incidental damages, this limitation may not apply.
7. Customer will agree to having their products listed in the www.CPQ.market and all other related domains at the published fee schedule. You can indicate your desired to do business within x miles of the prospects from your location defined by your zip code.
8. The agreement is automatically renewed unless you have sent Cancellation notification VIA FAX to 850-588-1725 or Certified Mail to e Market Places LLC, 234 Twin Lakes Dr , Panama City Beach, FL 32413 of termination 30 Days before the next billing cycle. We reserve the right to adjust the monthly fee at the start of each renewal period with 30-day notice.
9. Choice of Law; Binding Arbitrations; Forum: This Agreement will be governed by and construed in accordance with the laws of the State of Florida and Receiving Party consents to the exclusive jurisdiction of, without giving effect to its conflict of law’s provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the contract workers and or employees will be resolved by binding arbitration. Any dispute arising out of this Agreement. Receiving Party agrees that in the event of any breach or threatened breach by Receiving Party, Disclosing Party may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect Disclosing Party against any such breach or threatened breach. The arbitration shall be administered in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any matter to be settled by arbitration shall be submitted to the American Arbitration Association in Bay County, Florida, and you consent to binding arbitration in Bay County, Florida
10. Customer hereby authorize recurring Credit Card Payment for recurring monthly fees and recharge of the market place in increments of $50.
11. The customer is responsible to run ACCEPTANCE TESTS, FAX 850-588-1725 back when completed and that you understand how to operate the software and that it functions properly under all conditions of your business.
In the future if you make changes you will also run ACCEPTANCE TESTS.
Print Name _____________________________
Accepted by Company Name____________________
Domain Name ___________________
Date __ /__ /2020