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Terms and Conditions
Thank you for trying out MerchantRun GlobalLink! This page contains the terms and conditions ("Terms and Conditions") for MerchantRun GlobalLink ("MerchantRun GlobalLink"). By registering for MerchantRun GlobalLink, you agree to this agreement either for yourself or on behalf of your employer or another entity and agree to be bound by its terms and conditions. If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these terms and conditions. If you don't have the legal authority to bind, please do not select the "I agree to the Terms and Conditions" option below.
Prohibited Actions
Except for distributions for internal business and/or personal use to your employees or contractors in compliance with these Terms and Conditions, you may not distribute MerchantRun GlobalLink or any services or software associated with or derived from it, modify, copy, license, or create derivative works from MerchantRun GlobalLink, unless you obtain MerchantRun's written permission in advance.
Information Practices
Protecting users’ privacy is very important to MerchantRun. As a condition of registering and using MerchantRun GlobalLink, you agree to the terms of the MerchantRun GlobalLink Privacy Policy, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. Information collected by MerchantRun may be stored and processed in the People’s Republic of China or any other country in which MerchantRun Inc. or its agents maintain facilities. By using MerchantRun GlobalLink you consent to any such transfer of information outside of your country.
Intellectual Property
You acknowledge that MerchantRun or third parties own all right, title and interest in and to MerchantRun GlobalLink, portions thereof, or software or content provided through or in conjunction with MerchantRun GlobalLink, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to (and agree not to allow third parties to) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from MerchantRun GlobalLink, or to extract significant portions of MerchantRun GlobalLink's files for use in other applications. You also agree to (and agree not to allow third parties to) not remove, obscure, or alter MerchantRun's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through MerchantRun GlobalLink.
eBay User Agreement
You agree to all the terms written in eBay’s “Your User Agreement”:
http://pages.ebay.com/help/policies/user-agreement.html
MerchantRun reserves the right to disable or suspend your account, should you violate any policies under eBay’s “Your User Agreement.”
Changes to Terms and Conditions
MerchantRun reserves the right to modify these Terms and Conditions from time to time in its sole discretion, without notice or liability to you. You agree to be bound by these Terms and Conditions, as modified.
Disclaimer of Warranties
MerchantRun and any third party who makes its software or content available in conjunction with or through MerchantRun GlobalLink disclaim any responsibility for any harm resulting from your use (or use by your employees, agents or contractors) of MerchantRun GlobalLink and/or any third party software or content accessed in conjunction with or through MerchantRun GlobalLink. MERCHANTRUN GLOBALLINK AND ANY THIRD PARTY SOFTWARE AND CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH MERCHANTRUN GLOBALLINK ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. MERCHANTRUN AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MERCHANTRUN AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH MERCHANTRUN GLOBALLINK DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF MERCHANTRUN GLOBALLINK AND SUCH THIRD PARTY SOFTWARE OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE MERCHANTRUN GLOBALLINK AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH MERCHANTRUN GLOBALLINK AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF MERCHANTRUN GLOBALLINK AND SUCH THIRD PARTY SOFTWARE AND CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MERCHANTRUN OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH MERCHANTRUN GLOBALLINK BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF MERCHANTRUN GLOBALLINK OR SUCH THIRD PARTY SOFTWARE OR CONTENT. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF MERCHANTRUN AND/OR A THIRD PARTY SOFTWARE OR CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON MERCHANTRUN GLOBALLINK AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH MERCHANTRUN GLOBALLINK, FROM INABILITY TO USE MERCHANTRUN GLOBALLINK AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH MERCHANTRUN GLOBALLINK, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF MERCHANTRUN GLOBALLINK AND ALL THIRD PARTY SOFTWARE AND CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH MERCHANTRUN GLOBALLINK (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of the People’s Republic of China, without giving effect to the conflict of laws provisions of the People’s Republic of China or your actual country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by MerchantRun and/or a third party who make its software and/or content available in conjunction with or through MerchantRun GlobalLink.
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