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CSS Terms, Conditions and Policies Content updated on April 16, 2010 (click here for priner friendly version of this document) Independent Marketing Agreement Please read these Terms and Conditions of Use (the "Agreement") carefully before using the Cartridge Superstore Website or any of the affiliate sites referred to within this agreement or linked directly hereto. By using any of the following websites (collectively, the "CARTRIDGE SUPERSTORE WEBSITES"), you agree to be bound by this Agreement: CARTRIDGE SUPERSTORE.COM, CARTRIDGE SUPERTORES.COM, MYCARTRIDGESTORESTORE.COM ZOOGLE SHOP.COM or any future sites developed by CSS and listed on this site. If you do not agree to the terms and conditions of this Agreement, please do not use any of the CARTRIDGESUPERSTORE.COM WEBSITES or services provided by Cartridge Superstores, Inc., a company registered under the laws of the State of Delaware, headquartered at 1521 Concord Pike, Wilmington, DE 19803 (referred to herein as "CSS", "we", "us" and "our"). We reserve the right to amend or assign this Agreement, in whole or in part, from time to time at our sole discretion and to provide you with notice of such change by any reasonable means, including without limitation posting the revised draft of this Agreement or future Agreement on the CARTRIDGE SUPERSTORE WEBSITES. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of this Agreement. You should always check this Agreement prior to using the CARTRIDGE SUPERSTORE WEBSITES. Your continued use of the CARTRIDGE SUPERSTORE WEBSITES following the posting of changes to this Agreement will mean that you accept those changes. For purposes of this Agreement, the following terms have the following meanings: The "Independent Marketing Agreement" means CARTRIDGE SUPERSTORE Independent Marketing Associate Registration Agreement, collectively with the CARTRIDGE SUPERSTORE's Independent Marketing Associate Terms and Conditions attached to or accompanying such Agreement. A "CARTRIDGE SUPERSTORE Independent Marketing Associate" is an individual(s) who has agreed, pursuant to the terms of an CARTRIDGE SUPERSTORE Independent Marketing Associate Agreement, to be an CARTRIDGE SUPERSTORE Independent Marketing Associate, (b) who remains an active CARTRIDGE SUPERSTORE Independent Marketing Associate in good standing, and (c) whose CARTRIDGE SUPERSTORE Independent Marketing Associate Agreement or status as an CARTRIDGE SUPERSTORE Independent Marketing Associate has not been suspended or terminated. A "CARTRIDGE SUPERSTORE Independent Marketing Associate" is an Independent Marketing Associate (a) who has agreed to and remains in compliance with the terms and conditions of CARTRIDGE SUPERSTORE Independent Marketing Associate Policies and Procedures, and (b) who both (i) conducts and manages his/her Cartridge Superstore business using online and offline tools, and (ii) sells or offers to sell ink, toner, related printer supplies products online through a personalized online Cartridge Superstore. If you are a CARTRIDGE SUPERSTORE Independent Marketing Associate, you acknowledge and agree that your use of the CARTRIDGE SUPERSTORE WEBSITES is subject not only to this Agreement, but also to the terms and conditions contained in your CARTRIDGE SUPERSTORE Independent Marketing Agreement. Additionally, if you are a Cartridge Superstore Associate with a personalized Cartridge Superstore website, you acknowledge and agree that your use of the CARTRIDGE SUPERSTORE WEBSITES is also subject to the terms and conditions contained in Cartridge Superstore Policies and Procedures relating to all store owners (to which you agreed upon enrolling as a CARTRIDGE SUPERSTORE Independent Marketing Associate). 1. Note: Regarding CARTRIDGE SUPERSTORE Independent Marketing Associate and CARTRIDGE SUPERSTORE Independent Marketing Associates' Personalized Sites CARTRIDGE SUPERSTORE Independent Marketing Associates are independent third party contractors of Cartridge Superstore and are not otherwise affiliated with "Cartridge Superstores", a Delaware corporation nor any affiliated companies of Cartridge Superstore, Inc. Neither “Cartridge Superstore” nor their affiliates are responsible or liable for the statements, acts or omissions of Cartridge Superstore Independent Marketing Associates, whether through or in connection with the CARTRIDGE SUPERSTORE WEBSITES, "offline", or otherwise. Without limiting the foregoing "Cartridge Superstores" enable CARTRIDGE SUPERSTORE Independent Marketing Associates to create personalized online sites that contain Cartridge Superstore branding and content and that may share URLs with certain CARTRIDGE SUPERSTORE WEBSITES (for example, URLs such as "[ CARTRIDGE SUPERSTORE Independent Marketing Associates name].mycartridgesuperstore.com" or "zoogleshop.com/(referral code)/[ CARTRIDGE SUPERSTORE Independent Marketing Associates' name]"), you acknowledge that Cartridge Superstore has no control over, and is not responsible or liable for, any text, images, or other information or materials posted by CARTRIDGE SUPERSTORE Independent Marketing Associates to such personalized online sites or any customizations made by CARTRIDGE SUPERSTORE Independent Marketing Associates to such personalized online sites (such information, materials, and customizations, the "CARTRIDGE SUPERSTORE Independent Marketing Associates Content") or any materials communicated by an CARTRIDGE SUPERSTORE Independent Marketing Associates to you. Cartridge Superstore has not taken any steps to confirm the accuracy or reliability of any CARTRIDGE SUPERSTORE Independent Marketing Associate Content or other materials communicated by an CARTRIDGE SUPERSTORE Independent Marketing Associates to you, and makes no representations or warranties as to the security of any communications between you and any CARTRIDGE SUPERSTORE Independent Marketing Associates undertaken using CARTRIDGE SUPERSTORE Independent Marketing Associate Content (for example, email links posted by CARTRIDGE SUPERSTORE Independent Marketing Associates). Cartridge Superstores (the Company) agrees to maintain your personalized website in accordance to acceptable ecommerce standards, we will maintain and update the product catalog as new information and images become available, we will apply new technology as developed to all associate sites, websites are hosted with backed up severs located at various locations and with companies deemed reliable, domain names for online stores are provided and automatically renewed for the Independent Marketing Associates at our expense. Compensation Statement: I have read, understand and have the right to print the Cartridge Superstore Compensation and Earnings Statement as of this day for my records. I understand that no earnings can be guaranteed and my participation in the Cartridge Superstore Network and the promotion of online product sales is strictly voluntary on my behalf. I understand the sales/marketing programs and compensation plan contained in this agreement and other agreements within websites that may be affiliated to Cartridge Superstore.com, are confidential by nature and contain terms and conditions that may differ from this agreement and are specific to their particular venture or business. Compensation plans can be revised and new income possibilities can be added in the future as the Cartridge Superstore sales and marketing program is expanded. The "Independent Marketing Associate" (IMA) retains responsibility to visit the site and be updated with any and all modifications or changes to the compensation plan. All changes to compensation plans that will have a financial effect upon the IMA’s compensation will be posted online for a period of 45 days before taken effect. In addition every IMA will receive no less than 2 notification emails to their personal cartridge superstore email address. 2. Restricted Uses The CARTRIDGE SUPERSTORE WEBSITES are owned and operated by Cartridge Superstores, Inc. The contents of the CARTRIDGE SUPERSTORE WEBSITES are copyrighted under United States copyright laws. Except as stated herein, no part or portion of the material on the CARTRIDGE SUPERSTORE WEBSITES may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. Subject to your compliance with this Agreement, and solely for as long as you are permitted by Cartridge Superstore to access and use the CARTRIDGE SUPERSTORE WEBSITES, you may download specific sales tools, prospect brochures, product information notices, designs and logos for personal business cards or marketing materials, training materials, third party industry news, which is not protected by copyright from the CARTRIDGE SUPERSTORE WEBSITES for your own personal, or commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in or applicable to such materials, including any author attribution, copyright or trademark notice or restriction in any such material that you download. Modification of the materials, or use of the materials for any other purpose, whether commercial or noncommercial, is a violation of Cartridge Superstore copyright and other proprietary rights. "Cartridge Superstores" trademarks, trade names, service marks and logos appearing on the CARTRIDGE SUPERSTORE WEBSITES are proprietary trademarks of "Cartridge Superstores". The use of any of our trademarks or any other content made available through the CARTRIDGE SUPERSTORE WEBSITES, except as expressly provided in the Terms of Use, is strictly prohibited. 3. Information Submitted Through the CARTRIDGE SUPERSTORE WEBSITES Your submission of information through the CARTRIDGE SUPERSTORE WEBSITES is governed by Cartridge Superstore Security and Privacy Statement referred to as (the "Privacy Policy Statement"), located at www.cartridgesuperstore.com, and the Agreement incorporates by reference the terms and conditions of the Security and Privacy Statement. You represent and warrant that any information you provide in connection with your use of the CARTRIDGE SUPERSTORE WEBSITES is true, accurate and complete, and that you will maintain and update such information as needed, such that the information remains true, accurate and complete. 4. Registration; User Names and Passwords You may be required to register with Cartridge Superstore in order to access certain areas of the CARTRIDGE SUPERSTORE WEBSITES, for example, to purchase discounted products, login to Associate Account section, download sales materials or otherwise initiate transactions (as defined below). With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the CARTRIDGE SUPERSTORE WEBSITES, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the CARTRIDGE SUPERSTORE WEBSITES, to any third party. You are fully responsible for all Transactions (including any information transmitted in connection with any transactions) and other interactions with the CARTRIDGE SUPERSTORE WEBSITES that occur in connection with your user name. You agree to immediately notify Cartridge Superstore of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the CARTRIDGE SUPERSTORE WEBSITES, and to ensure that you "log off" and exit from your account with the CARTRIDGE SUPERSTORE WEBSITES (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. 5. Rules of Conduct We expect users of the CARTRIDGE SUPERSTORE WEBSITES to respect the law as well as the rights and dignity of others. While using the CARTRIDGE SUPERSTORE WEBSITES you agree to comply with all applicable laws, rules and regulations. In addition, your use of the CARTRIDGE SUPERSTORE WEBSITES is conditioned on your compliance with the rules of conduct set forth in this section, and failure to comply with these rules of conduct may result in termination of your access to the CARTRIDGE SUPERSTORE WEBSITES pursuant to Section 15 below. You agree not to: Post, transmit, or otherwise make available through or in connection with the CARTRIDGE SUPERSTORE WEBSITES: Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortuous; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right. Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking", "cracking", or "phreaking". Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment. Any unsolicited or unauthorized advertisements, promotional material, "junk mail", "spam", "chain letter", "pyramid scheme" or investment opportunity, or any other form of solicitation that is not expressly approved by Cartridge Superstore in advance. Personally identifiable information of another individual without the prior consent of that individual any material, non-public information about a company without the proper authorization to do so. Use the CARTRIDGE SUPERSTORE WEBSITES for any fraudulent or unlawful purpose. Use the CARTRIDGE SUPERSTORE WEBSITES to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or to harvest or collect information about users of the CARTRIDGE SUPERSTORE WEBSITES. Impersonate any person or entity, including without limitation any representative of Cartridge Superstore; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the CARTRIDGE SUPERSTORE WEBSITES; or express or imply that we endorse any statement you make. Interfere with or disrupt the operation of the CARTRIDGE SUPERSTORE WEBSITES or the servers or networks used to make the CARTRIDGE SUPERSTORE WEBSITES available; or violate any requirements, procedures, policies or regulations of such networks. Restrict or inhibit any other person from using the CARTRIDGE SUPERSTORE WEBSITES (including without limitation by hacking or defacing any portion of the CARTRIDGE SUPERSTORE WEBSITES). Use the CARTRIDGE SUPERSTORE WEBSITES to advertise or offer to sell or buy any goods or services for any business purpose, without Cartridge Superstores express prior written consent. Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the CARTRIDGE SUPERSTORE WEBSITES. Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the CARTRIDGE SUPERSTORE WEBSITES. Remove any copyright, trademark or other proprietary rights notice from the CARTRIDGE SUPERSTORE WEBSITES or materials originating from the CARTRIDGE SUPERSTORE WEBSITES. Frame or mirror any part of the CARTRIDGE SUPERSTORE WEBSITES. Create a database by downloading and storing CARTRIDGE SUPERSTORE WEBSITES content. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape", "data mine" or in any way gather CARTRIDGE SUPERSTORE WEBSITES content or reproduce or circumvent the navigational structure or presentation of the CARTRIDGE SUPERSTORE WEBSITES without Cartridge Superstores express prior written consent. Additionally, you acknowledge and agree that you (and not Cartridge Superstore) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use for personal reasons the CARTRIDGE SUPERSTORE WEBSITES, and for paying all charges related thereto. Cartridge Superstore does not under any circumstance imply that costs related to your computer hardware, telephone calls, faxes or electronic transmissions of any kind shall be paid by Cartridge Superstore. You may not bind us into any third party agreements. 6. Forums and Submissions Cartridge Superstore may offer features through the CARTRIDGE SUPERSTORE WEBSITES that enable you to post information and materials publicly, for example, bulletin boards, chat areas, industry blogs, training classes and similar forums (collectively referred to herein as "Forums"). All of the rules of conduct described in Section 5 above apply to the Forums. Additionally, without Cartridge Superstore's express prior written consent, you may not use the Forums for any other commercial purposes, including the promotion or advertisement of any goods, services or business opportunities, and you may not use the Forums to solicit other CARTRIDGE SUPERSTORE WEBSITE visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization. When you submit or make available any information or materials through the Forums or otherwise through any CARTRIDGE SUPERSTORE WEBSITE ("Submissions"), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by Cartridge Superstore without restriction. You grant to Cartridge Superstore the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sub-licensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through the CARTRIDGE SUPERSTORE WEBSITES complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason. We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in the CARTRIDGE SUPERSTORE WEBSITES. The Forums include the opinions, statements and other content of third parties, including CARTRIDGE SUPERSTORE Independent Marketing Associates. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties (including CARTRIDGE SUPERSTORE Independent Marketing Associates) through the Forums or otherwise through the CARTRIDGE SUPERSTORE WEBSITES are those of such third parties and not of Cartridge Superstore, and Cartridge Superstore does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the CARTRIDGE SUPERSTORE WEBSITES at any time if we deem removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately. You acknowledge and agree that Cartridge Superstore has no control over, and shall have no liability for any damages resulting from the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the CARTRIDGE SUPERSTORE WEBSITES. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS, VIDEO SITES OR OTHERWISE THROUGH THE CARTRIDGE SUPERSTORE WEBSITES, YOU DO SO AT YOUR OWN RISK. BE CAREFUL, BE CAUTIOUS AND NEVER PROVIDE PERSONAL INFORMATION OR DATA WHEN SOLICITED BY EMAIL. WHEN IN DOUBT, contact a company representative that will answer your question at memberservices@cartridgesuperstore.com. 7. Sweepstakes, Contests and Similar Promotions Any sweepstakes, contest, or similar promotion made available through any CARTRIDGE SUPERSTORE WEBSITE or independent website to which we link, may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. CARTRIDGE SUPERSTORE urges you to read the applicable rules, if any, which will be linked from the particular activity, and to review the Security and Privacy Statement, which, in addition to this Agreement, will govern any information you submit in connection with such activities. 8. Purchases and Other Transactions If you wish to purchase or pay for any product or service or to make a payment to your CARTRIDGE SUPERSTORE account through a CARTRIDGE SUPERSTORE WEBSITE (each such purchase or other transaction, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, your credit card verification number or other security code, the expiration date of your credit card, your billing address and your shipping information. Any such information provided through the CARTRIDGE SUPERSTORE WEBSITES will be treated by CARTRIDGE SUPERSTORE in accordance with this Agreement and the Security and Privacy Statement. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction. CARTRIDGE SUPERSTORE reserves the right, with or without prior notice, (a) to change the product catalog, prices or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all Transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Price and availability of any product or service offered through the CARTRIDGE SUPERSTORE WEBSITES are subject to change without notice, and CARTRIDGE SUPERSTORE shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to CARTRIDGE SUPERSTORES' refund and exchange policies then in effect. You agree to pay all charges that may be incurred personally by you or on your behalf through the CARTRIDGE SUPERSTORE WEBSITES, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions. Should you decide to license an online personal store and request the use of a Cartridge Superstore Domain address by electing to engage in the promotion and sales of ink, toner, printer supplies and other legal products (that may be added to the product catalog in the future and at the discretion of CSS), as an Independent Marketing Associate (IMA) you agree to pay an annual website license fee of $59.95 to cover costs related to domain name registration, hosting broadband fees, software use fees and other technical site maintenance fees. Said license fee due and payable every subsequent year on or before the date of store registration. Annual license fee is payable to Cartridge Superstores, Inc by way of automatic credit card charge or payment directly from a checking account through ACH transfer (as indicated on the Registration Agreement under annual license fee.) Independent Marketing Associates may terminate their association with the Cartridge Superstore Network and terminate the monthly account charges ($49.95) by providing Cartridge Superstores, Inc. written “Notice of Cancellation” and their intention to cease marketing efforts of their Cartridge Superstore online store. Written notification of termination may be sent by email and received by memberservices@cartridgesuperstore.com 10 business days prior to the next monthly anniversary charge date to avoid additional maintenance service fees to be charged by Cartridge Superstores, Inc. If received less than the required 10 days then cancellation will commence on the following month. Time is of the essence to permit our administration department to handle your cancellation request and place the site in redemption status. You may also mail notices to: Cartridge Superstores, Inc. 9. Termination and Reinstatement of online store If an Independent Marketing Associate (IMA) should cancel his association with the Cartridge Superstore Network in accordance with the above procedure the domain address and store will remain open for a period of 30 days (Redemption Period), accepting orders and providing all customer service functions for new orders or previously placed orders. Customers will be serviced and products warranties maintained. During this period the final audit of the store operator’s account will be completed and all pending orders or charge backs applied to the final account statement. During the 30 day period access to the owners account will be suspended, however an IMA may elect to re-start (redeem status) his Cartridge Superstore during this 30 day period by paying a store “Reinstatement Fee” of $25.00 or a new license fee ($59.95), whichever is deemed to be appropriate in accordance to original renewal date. After the 30 day redemption period has expired no store can be re-opened. All previous customers are the property of Cartridge Superstores, however the company reserves the right to sell or assign the store (domain address). 10. NO-LOSS Commitment Policy (Available for new stores opened prior to July 31, 2010). Cartridge Superstore has initiated a simple “no-loss” policy for all IMA store owners who remain in good standing (make prompt payment of service fees) within the company independent marketing affiliate program. A new store owner has a period of one year (12 months from the date of the store activated online) to operate his/her business without the risk of loss, excluding any personal marketing materials. In plain English here is how the “No-Loss” policy works. Please read these examples carefully. You operate and market your store for a term of 12 months maintaining all monthly fees to Cartridge Superstores, Inc. for services provided current and abiding by the terms and conditions for all Independent Marketing Affiliates (IMA). If you decide to close your store and to exercise your “No-Loss” commitment from Cartridge Superstores, we will refund the difference between what you earned as an IMA in the CSS Program and what you have paid Cartridge Superstores, Inc. for hosting and online services rendered. Here are a few examples to put the “No-Loss” Policy in perspective. IMA –A opened his store in March of 2010. Has paid 12 months of hosting service fees of $59.95 and decides he no longer wants to be in business and notifies Cartridge Superstores of his intention to exercise the no-loss commitment. Final audit is done on his account and determined he has been paid $28.60 commissions during the 12 months. This store operator will receive a check for the difference of what he paid and what he earned ($31.35). IMA -B opened his store in May of 2010. He has been current with his 12 months of hosting service fees of $59.95 and decides he no longer wants to be in business and notifies Cartridge Superstores of his intention to exercise the no-loss commitment. Final audit is done on his account and determined he has received $9.70 in earned commissions during the 12 months. This IMA store operator will receive a check for the difference of what he paid and what he earned during the year ($50.25). The lack of success may have been due to certain extraneous reasons but the CSS program is designed to provide everyone with an opportunity to participate in the online business model without fear of substantial financial loss. Nowhere in the country is there a direct marketing organization that believes in their program and products as much as we do. Who else gives you 12 month “No-Loss” commitment? 11. Intended Audience CARTRIDGE SUPERSTORE controls and operates the CARTRIDGE SUPERSTORE WEBSITES from its offices located in the State of Delaware, U.S.A., and the CARTRIDGE SUPERSTORE WEBSITES are not intended to subject CARTRIDGE SUPERSTORE to the laws or jurisdiction of any state, country or territory other than those of the United States. Unless otherwise specified, materials made available through the CARTRIDGE SUPERSTORE WEBSITES are presented solely for the purpose of providing services and promoting products available in the United States. CARTRIDGE SUPERSTORE makes no representation or warranty that any CARTRIDGE SUPERSTORE WEBSITE, in whole or in part, or any products, services, or materials made available through the CARTRIDGE SUPERSTORE WEBSITES, are appropriate or available for use in other locations. Those who choose to access the CARTRIDGE SUPERSTORE WEBSITES from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable. 12. Links to or From Other Sites Except as otherwise expressly stated by CARTRIDGE SUPERSTORE on a CARTRIDGE SUPERSTORE WEBSITE, CARTRIDGE SUPERSTORE is not affiliated or associated with operators of any third party websites that link to or are linked from the CARTRIDGE SUPERSTORE WEBSITES. CARTRIDGE SUPERSTORE expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the CARTRIDGE SUPERSTORE WEBSITES. We cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from the CARTRIDGE SUPERSTORE WEBSITES because these third party sites are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise. YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES. CARTRIDGE SUPERSTORE shall have the right, at any time and at its sole discretion, to block links to the CARTRIDGE SUPERSTORE WEBSITES through technological or other means without prior notice. 13. Disclaimer THE CARTRIDGE SUPERSTORE WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. CARTRIDGE SUPERSTORE MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE CARTRIDGE SUPERSTORE WEBSITES. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. CARTRIDGE SUPERSTORE MAKES NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY CARTRIDGE SUPERSTORE INDEPENDENT SALES ASSOCIATES; (B) THAT THE CARTRIDGE SUPERSTORE WEBSITES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE CARTRIDGE SUPERSTORE WEBSITES WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE CARTRIDGE SUPERSTORE WEBSITES OR THE SERVERS OR NETWORKS THROUGH WHICH THE CARTRIDGE SUPERSTORE WEBSITES ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. While we try to maintain the integrity and security of the CARTRIDGE SUPERSTORE WEBSITES and the servers from which the CARTRIDGE SUPERSTORE WEBSITES are operated, the CARTRIDGE SUPERSTORE WEBSITES may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the CARTRIDGE SUPERSTORE WEBSITES. If you become aware of any unauthorized third party alteration to the CARTRIDGE SUPERSTORE WEBSITES, contact us at memberservices@cartridgesuperstore.com with a description of the material(s) at issue and the URL or location on the applicable CARTRIDGE SUPERSTORE WEBSITE where such material(s) appear. 14. Limitation of Liability IN NO EVENT SHALL CARTRIDGE SUPERSTORE, ITS SUBSIDIARIES, OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE "CARTRIDGE SUPERSTORE ENTITIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT, (B) THE CARTRIDGE SUPERSTORE WEBSITES, (C) YOUR USE OF OR INABILITY TO USE THE CARTRIDGE SUPERSTORE WEBSITES, OR (D) THE ACTS OR OMISSIONS OF CARTRIDGE SUPERSTORE INDEPENDENT MARKETING ASSOCIATES, IN EACH EVENT, EVEN IF CARTRIDGE SUPERSTORE OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. CARTRIDGE SUPERSTORE IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. CARTRIDGE SUPERSTORE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY CARTRIDGE SUPERSTORE INDEPENDENT MARKETING ASSOCIATES), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL CARTRIDGE SUPERSTORE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THE CARTRIDGE SUPERSTORE WEBSITES, OR YOUR USE OF OR INABILITY TO USE THE CARTRIDGE SUPERSTORE WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE CARTRIDGE SUPERSTORE WEBSITES. 15. Indemnification You will indemnify and hold the CARTRIDGE SUPERSTORE Entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the "Claims"): (a) your use of, inability to use, or activities in connection with the CARTRIDGE SUPERSTORE WEBSITES; (b) any violation of this Agreement or any other CARTRIDGE SUPERSTORE terms, conditions or policies by you or through any account you may have with any CARTRIDGE SUPERSTORE WEBSITE; (c) any Transaction; (d) any allegation that any Submission or other materials that you make available through the CARTRIDGE SUPERSTORE WEBSITES infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any CARTRIDGE SUPERSTORE WEBSITE visitor, user, or customer, or any other third party; and you agree to reimburse the CARTRIDGE SUPERSTORE Entities on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claim(s). 16. Termination and Enforcement The Registration Agreement is effective until terminated by CARTRIDGE SUPERSTORE. You agree that CARTRIDGE SUPERSTORE, at its sole discretion, may terminate your access to or use of the CARTRIDGE SUPERSTORE WEBSITES, at any time and for any reason, including without limitation if CARTRIDGE SUPERSTORE believes that you have violated or acted inconsistently with the letter or spirit of the Agreement (including but not limited to your failure to comply with the rules of conduct set forth in Section 5 above) and Section 22 below. Upon any such termination, your right to use the CARTRIDGE SUPERSTORE WEBSITES will immediately cease. You agree that any termination of your access to or use of the CARTRIDGE SUPERSTORE WEBSITES may be effected without prior notice and that CARTRIDGE SUPERSTORE may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that CARTRIDGE SUPERSTORE shall not be liable to you or any third party for any termination of your access to the CARTRIDGE SUPERSTORE WEBSITES or to any such information or files, and shall not be required to make such information or files available to you after any such termination. CARTRIDGE SUPERSTORE reserves the right to takes steps that CARTRIDGE SUPERSTORE believes are necessary or appropriate to enforce and/or verify compliance with the Agreement (including without limitation in connection with any legal process relating to your use of the CARTRIDGE SUPERSTORE WEBSITES and/or a third party claim that your use of the CARTRIDGE SUPERSTORE WEBSITES is unlawful or violates such third party's rights). 17. Claims of Copyright Infringement The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on a CARTRIDGE SUPERSTORE WEBSITE infringe your copyright, you (or your agent) may send CARTRIDGE SUPERSTORE a notice requesting that CARTRIDGE SUPERSTORE remove the materials or block access to them. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send CARTRIDGE SUPERSTORE a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. All Notices regarding Copyright issues should be sent to Cartridge Superstore 1521 Concord Pike, Wilmington, DE 19803. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA. 18. Information or Complaints Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the CARTRIDGE SUPERSTORE WEBSITES, please send an email to memberservices@cartridgesuperstore.com .
You may also contact us by writing to:
19. Agreement to Arbitrate Disputes Disputes; Conciliation -- The parties (IMA) agree to give notice in writing of any claim or dispute arising out of or relating to Cartridge Superstore Affiliate Marketing programs to the other party or parties involved in the dispute, specifying the basis for the claim and the amount claimed or relief sought. During a period of not less than 90 days after the written notice is received, the parties shall attempt to resolve the dispute amicably through direct discussions, and, if appropriate, using all methods of dispute resolution available but not limited to mandatory arbitration. Once the parties enter into mandatory binding arbitration they agree that the disputed matter shall be held in strict confidence until final ruling by the Arbitrators, in accordance with State specified Rules of Arbitration. Arbitration Act shall govern the interpretation, enforcement, and proceedings in any state or federal court of the United States. 20. Term of Agreement You agree that Cartridge Superstore may modify the Agreement and the Services from time to time. You agree to be bound by any changes Cartridge Superstore may reasonably make to the Agreement when such changes are made. Change of modification to the Terms, Conditions and Policies will be noted as a dated revision and so indicated on the Cartridge Superstore website. If you have purchased or are currently purchasing online services, software, software web tools or any combination thereof from Cartridge Superstore, the term of the Agreement shall continue in full force and effect as long as you take advantage of and use the online services and or web tools. In the event you terminate your usage, Cartridge Superstore will not refund any amounts you have paid for website hosting, maintenance, promotional materials or other services. You agree that Cartridge Superstore shall not be bound by any representations made by third parties who you may use to purchase online services or products through direct links from Cartridge Superstore Websites and that any statement of a general nature, which may be posted on Cartridge Superstore Websites or contained in Cartridge Superstores' promotional materials, will not bind Cartridge Superstore. Cartridge Superstore may, at times, offer certain promotions with different charges and features. You agree that you will be responsible for notifying Cartridge Superstore should you desire to terminate your association and use of Cartridge Superstores' online services (Web Hosting and Maintenance Services). Notification of your intent to terminate must be provided to Cartridge Superstore no later than twenty (10) days prior to your anniversary billing date for current monthly services. Monthly website service fees are due the date of each month known as your “anniversary date” - the date when your Registration Agreement was received and approved by CSS. 21. Maintaining Accurate Information You agree to maintain accurate information by providing updates to Cartridge Superstore, as needed, while you are using Cartridge Superstores' online services and or web tools. You agree you will notify Cartridge Superstore within five (5) business days when any change of the information you provided as part of the application and/or registration process changes. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by Cartridge Superstore to determine the validity of information provided by you will constitute a material breach of this Agreement. Changes and information updates can be accomplished through your personal online account profile. You agree that Cartridge Superstore may use and rely on any such information provided by you for all purposes in connection with your affiliation to any online marketing and services, subject to Cartridge Superstore's Privacy Policy. If you provide any information that is inaccurate, not current, false, misleading or incomplete, or if Cartridge Superstore has reasonable grounds to suspect that your information is inaccurate, not current, false, misleading or incomplete, Cartridge Superstore has the absolute right, in its sole discretion, to terminate its Services and close your account. Options offered to you with respect to your domain or online activities shall be forfeited. It is the sole responsibility of the IMA to notify us by email or in writing when their primary contact information has changed. Each Individual whether registered as an Independent Marketing Affiliate (IMA) is an "Independent Contractor" as defined by the US Department of Labor. Cartridge Superstore and the Independent Contractor have created this working arrangement for the mutual benefit of each party, not withstanding any other implied business relationship within Cartridge Superstore Websites. The Independent Contractor shall update information for contact purposes and provide his/her Social Security Number (SSN) or Employment Identification Number (EIN) (if a corporation) for purposes of providing year end earned wages with Form 1099-MISC as required by Federal Law. 22. Account Security You agree you are entirely responsible for maintaining the confidentiality of your IMA account login information and password. Cartridge Superstore cannot be held liable for any breach of security which results directly from your (or any person you may authorize) account data. You should select a password that is not directly related to your address, age, birth date, place of employment or social security number. You should consider periodically changing your account password. You agree to notify Cartridge Superstore immediately of any unauthorized use of your account or any other breach of security. You agree Cartridge Superstore will not be liable for any loss that you may incur as a result of someone else using your Account Access information, either with or without your knowledge. You further agree you could be held liable for losses incurred by Cartridge Superstore or another party due to someone else using your Account Access information. You should keep Account Access information in a secure location and take precautions to prevent others from gaining access to your account. You agree that you will be responsible for all activity in your account, whether initiated by you, or by others on your behalf, or by any other means. Cartridge Superstore specifically disclaims liability for any activity in your account, whether authorized by you or not. Cartridge Superstores will never send you sensitive account or login or request this information through email notification. 23. Unlawful Conduct / Improper Use As a condition of your participation and use of Cartridge Superstore software and services, you agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and you agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree you will not be entitled to receive any bonuses or refund of any fees paid to Cartridge Superstore if, for any reason, Cartridge Superstore takes corrective action with respect to your improper or illegal use of its Services. Cartridge Superstore reserves the right at all times to disclose any information as Cartridge Superstore deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Cartridge Superstore's sole discretion. If you have purchased services (personalized website hosting services), Cartridge Superstore has no obligation to monitor your use of the services. Cartridge Superstore reserves the right to review your use of the services and to cancel the services in its sole discretion. Cartridge Superstore reserves the right to terminate your use and access to the services at any time, without notice, for any reason whatsoever. Cartridge Superstore reserves the right to terminate services if your usage of the services results in, or is the subject of, legal action or threatened legal action, against Cartridge Superstore or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. Except as set forth below, Cartridge Superstore may also cancel your account (association) and use of the services, after thirty (30) days, if you are using the services, as determined by Cartridge Superstore in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; activities designed to harm or use unethically minors in any way; and activities associated with the sale or distribution of prescription medication without a valid prescription. Notwithstanding anything to the contrary herein, in the event Cartridge Superstore cancels your account or use of services during the first thirty (30) days after you purchase the services, you will receive a pro-rated refund of any fees paid to Cartridge Superstore in connection with the services being cancelled. In the event Cartridge Superstore terminates your account and further access to services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree you will not be entitled to a refund of any fees paid to Cartridge Superstore if, for any reason, Cartridge Superstore takes corrective action with respect to your improper or illegal use of its Services. 24. Governing Law This Agreement shall be governed by the laws of the State of Delaware, U.S.A. without regard to its conflicts of laws principles. You agree that any dispute or claim arising out of or relating to this Agreement shall be resolved only in the courts located in the City of Wilmington, State of Delaware, U.S.A. and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such dispute or claim. 25. Miscellaneous If any provision of the Agreement shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and CARTRIDGE SUPERSTORE. You may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The Agreement, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and CARTRIDGE SUPERSTORE relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and CARTRIDGE SUPERSTORE relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) to any CARTRIDGE SUPERSTORE WEBSITE, by email, or by regular mail, at CARTRIDGE SUPERSTORE's discretion. Without limitation, you agree that a printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 26. Acceptance of Terms You may access CARTRIDGE SUPERSTORE WEBSITES and register for an online store with hosting services only subject to these terms and conditions. By checking the ACCEPT button you agree to the Terms and Conditions of Use as provided within this site. This Agreement © Cartridge Superstore 2010, also known as the "Cartridge Superstore Websites". All rights reserved.
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