123gosell hereby grants you a revocable, non-transferable and non-exclusive license to use the web extensions and other products sold through our web site by 123Gosell.com(the “products”) in accordance with these Terms and Conditions (the “license”) issued by 123Gosell.
- Limited Usage Granted: You have the right to use the Gosell extensions on (1) One Magento site or as your entitlements provide for. If you should require multiply stores, you would be required to buy further license at half the current price and monthly fees; this is not valid with promotional codes or other discounts. The Developer level clubs grants unlimited implementations of Gosell extensions as long as the usage complies with the rest of the Terms & Conditions.
- Terms of Service: Terms of Service Agreement Created on: 01-08-2009 123Gosell Terms of Service IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE Seven (7) DAYS TO CANCEL the set-up of your custom e-commerce web site and request a refund. If you do not request a refund within Seven (7) days of your intial set-up payment received, or if 123Gosell has already completed the set-up of your web site and has begun hosting your web site, all set-up fees will be Non-Refundable.
If you have agree to a monthly payment plan for your set-up fees, you will still be required to complete all terms in which you agreed for your initial set-up charge.
CAREFULLY READ THIS AGREEMENT BEFORE COMPLETING PAYING YOUR INITIAL SET-UP CHARGE, Or begin using your 123Gosell WebStore. Once you begin using your 123Gosell WebStore or Pay your intitial set-up charge, YOU AGREE TO BE BOUND BY THIS AGREEMENT, AND ALL OTHER USER POLICIES AND AGREEMENTS THAT 123Gosell MAY ESTABLISH FROM TIME TO TIME. IF YOU DO NOT AGREE TO THIS AGREEMENT (i) YOU SHOULD NOT COMPLETE THE Initial Set-up Charge, (ii) YOU MAY NOT USE A CUSTOM E-COMMERCE WEBSITE, AND (iii) TO RECEIVE A REFUND, YOU MUST TERMINATE THIS AGREEMENT AND REQUEST A REFUND WITHIN Ten (10) DAYS.
1. Fees: All fees paid are nonrefundable (except as described above regarding the 7-day cancellation policy). You are responsible for all charges incurred until you terminate your account. If you purchased your website in accordance with a payment plan, your obligation is irrevocable, except as described above in our 10-day cancellation policy. We reserve our rights to collect any outstanding balances, applicable fees and service charges. We reserve the right to change prices and institute new fees at any time upon 30 days prior notice which may be given by updating the 123Gosell online rate chart at www.123Gosell Solutions.com. If your account is delinquent, it may be suspended or cancelled at our sole discretion. You are responsible for paying all applicable taxes, duties, and levies, including all sales taxes. PLEASE NOTE: IN ORDER TO PROCESS CREDIT CARDS OVER THE INTERNET YOU NEED A MERCHANT ACCOUNT AND GATEWAY, WHICH REQUIRE SEPARATE FEES. THESE SERVICES MAY BE PROVIDED THROUGH OUTSIDE VENDORS UNRELATED TO 123Gosell. FOR MORE INFORMATION REGARDING THE PURCHASE OF A MERCHANT ACCOUNT AND/OR GATEWAY, PLEASE CALL 315-510-4123
2. Termination: You may terminate this agreement any time by first-class registered or certified mail, return receipt requested, addressed to 123Gosell, Attn: Website Cancellation 368, 14150 NE 20th St - F1, C/O 123gosell.com Bellevue, WA 98007 USA. Telephone calls and email cancellations will not be accepted. 123Gosell may terminate this agreement if you, or any person who has access to the Website through your account, breach this agreement, or if you fail to pay any charges when due. Any incoming email sent to cancelled accounts will not be bounced back or forwarded to another account. Everything regarding your Website that is stored on our servers will be deleted upon termination. If we believe, in our sole judgment and discretion, that the Website is being used by you for an improper purpose, or that our rights are being jeopardized, we may immediately terminate this agreement upon notice to you. Upon termination or expiration of this agreement, the license granted to you hereunder shall immediately terminate and you shall immediately cease to use the Website. 123Gosell right to enforce the provisions of this agreement shall survive termination of this Agreement.
3. Exclusion of Warranties: 123Gosell is not liable for any costs or damages arising directly or indirectly from use of the Website. THE WEBSITE AND ALL SERVICES IN CONJUNCTION THEREWITH ARE PROVIDED "AS IS." NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE WEBSITE IS GIVEN OR ASSUMED BY 123Gosell OR ITS AGENTS OR AFFILIATES, AND ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS, AND TERMS ARE HEREBY DISCLAIMED AND EXPRESSLY EXCLUDED. No advice or information given by 123Gosell or our representatives shall create any warranty.
4. Website Content: You agree to abide by all 123Gosell standard Acceptable Use Policy, which are expressly incorporated into and made a part of this agreement. You will not use the Website or permit others to use the Website in any way that violates any law or regulation, subjects us to liability, or violates our Acceptable Use Policy, including but not limited to publishing, posting, distributing, or disseminating any defamatory, obscene, libelous, slanderous, or other unlawful material or information. You agree to comply with all of our security procedures and standards. We have no obligation to monitor the Website but may do so and may disclose information regarding your use of the Website for any reason if in our sole discretion we believe that it is reasonable to do so, including to operate the Website properly, or to satisfy any laws, regulations, or governmental requests. 123Gosell Solutions, in its sole and absolute discretion, may remove or refuse to post any information or materials, in whole or in part.
5. Website Usage: 123Gosell does not warrant that the Website will be uninterrupted or error-free, or that any information, software, or other material is free of viruses, or other harmful components. We make no express or implied warranties, representations, or endorsements including, but not limited to, warranties of title, non-infringement, or implied warranties or merchantability or fitness for a particular purpose regarding any internet service provider. You are solely responsible for selection and use of an internet service provider, and we are not responsible for any access charges, connect charges, long-distance, toll, or other telecommunications charges incurred by you.
6. Your Sole Remedy: If you are dissatisfied with the Website or any of our terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Website and terminate this agreement.
7. Ontario Law: This agreement will be deemed to be entered into and performed in Toronto, Ontario. This agreement shall be governed and construed in accordance with the laws of the State of Arizona without regard to its conflicts of law provisions. You consent to jurisdiction and venue in Toronto, Ontario and agree that it shall be the sole forum and venue for any and all disputes.
8. Taxes: You are solely responsible for calculating, collecting, reporting and paying any and all taxes, including without limitation local and state sales taxes and use taxes, and local, state, and federal income taxes.
9. You will be required to contact 123Gosell Billing at 315-510-4123 on all cancellation requests prior to escalating to your credit card company. Our mission is to satisfy every customer and provide quality products and service.
** You will receive a full refund of your webstore set-up and hosting fees paid to 123Gosell (Not including other services fees, add-ons, customisation fees and third party services) and providing the webstore was prior opened with 123Gosell for the minimum duration of 365 Days and no sales transactions was done through the store. *this is a limited time offer.
