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Enstore Terms of Service

Preamble

Enstore is a web service operated by Acclivity NYC, a limited liability company organized under the laws of the United States (hereinafter: “Acclivity NYC”). Acclivity NYC's offices are located at 285 West Broadway, Suite 430, New York, NY 10013.

In these terms of service, “Enstore” refers to all aspects and elements of the Enstore web service, including (but not limited to) the software that is hosted on enstore.com and enstoresecured.appspot.com (and any of their sub-domains), as well as documentation, designs and any other materials published by, or on behalf of, Acclivity NYC in relation to Enstore.

By signing up for Enstore, you agree to be bound to the terms and conditions stated in this document (hereinafter: “This Agreement”).

You hereby irrevocably waive, also for the benefit of Acclivity NYC, a limited liability company established and existing under the laws of the United States, any rights under any previous terms of service with Sofa, Sofa Payments B.V. or Sofa B.V. for Enstore and unconditionally accept that the terms of service for the use of current and previous versions of Enstore shall be exclusively governed by the terms and conditions of this Agreement.

Acclivity NYC grants you a non-exclusive, not-transferrable, right to use Enstore. Acclivity NYC reserves all rights not expressly granted to you within this Agreement. If you disagree with this Agreement, do not sign up for Enstore.

Limitation of Liability

Acclivity NYC is not liable to you or anyone else in any way (to the maximum extent permitted by law) for any damages, either direct, indirect, incidental, consequential or otherwise, arising out of use or inability to use Enstore. Said damages include procurement of substitute goods or services; loss of use, data, or profits; and business interruption.

You agree to indemnify and hold Acclivity NYC and applicable third parties harmless from any claim or demand made by any third party arising out of or in any way related to your and/or your customers' usage or inability to use Enstore.

Acclivity NYC is free to make any changes to Enstore it deems fit and also reserves the right to terminate offering Enstore altogether. Acclivity NYC also is free to change the terms and conditions under which it offers Enstore at any time, in which event Acclivity NYC shall notify you of the changed terms and conditions electronically.

Enstore is provided “as is”, any express or implied warranties, such as implied warranties of merchantability or fitness for any particular purpose are disclaimed by Acclivity NYC.

Acclivity NYC is not responsible for any disputes between you and your customers. Acclivity NYC is allowed but not obligated to mediate in the event of any dispute between you and any of your customers. Acclivity NYC has no operational responsibilities with regard to the content published by you through Enstore and does not warrant continuous availability or uninterrupted operation. You will not use Acclivity NYC's name or Enstore's name to give the impression that your business is endorsed by or supported by Acclivity NYC.

You understand that it is your sole responsibility to make your customers aware of any general terms and conditions of your business or any other terms and conditions of which you want them notified. Enstore does not come with default terms and conditions that you can apply to your sales, Acclivity NYC does not offer legal advice.

Usage and Content

You agree not to use Enstore for any illegal or unauthorized purposes. Any legal issues or other conflicts coming forth from or pertaining to any content you publish through Enstore, as well as any other conflicts of any nature coming forth from your usage of Enstore, will be solely your responsibility, not Acclivity NYC's.

Acclivity NYC reserves the right to remove any content that you publish through Enstore for any reason. Acclivity NYC is not obliged to explain why it will remove or has removed said content.

You understand that any content you use with Enstore may (a) be transmitted over unencrypted network connections, (b) may be published on publicly accessible web pages. You give Acclivity NYC permission to make any content you publish through Enstore (including but not limited to product information and images, your store logo and name) publicly available.

Acclivity NYC will not sell your personally identifiable information, nor will it share or sell any of your customers' personally identifiable information unless required to do so by law. You hereby give Acclivity NYC permission to gather statistics and technical data pertaining to your Enstore account and any use of it by you or your customers.

Third-party Services

Enstore integrates with several third party products and services. Such services include carrier shipping rate calculation services, tax lookup services and merchant account services. Acclivity NYC is not responsible for, nor does it warrant, the accuracy and availability of said services. You agree to be bound by, and act in accordance with, any applicable terms and conditions pertaining to said third party services.

Termination by Acclivity NYC

Acclivity NYC is free to terminate your account at any time, for any cause or without cause. You will be notified electronically of such termination.

Causes for Acclivity NYC to terminate your account include (but are not limited to) your usage of Enstore to: (a) publish libelous, obscene, threatening, discriminatory or defamatory content, (b) publish content for any other purpose than to make available and sell products through Enstore, (c) publish content that violates any intellectual property rights, (d) assist in any activity of fraudulent nature.

If your business is dissolved, applies for bankruptcy or suspension of payment or is declared bankrupt, or applies for, or becomes subject to, similar insolvency proceedings in any jurisdiction you shall notify Acclivity NYC by email immediately.

In the event that you do not receive a confirmation from Acclivity NYC that your email has been received within 5 days of sending it, you will re-send such notification by registered mail to the address of Acclivity NYC's offices.

Termination by You

You can terminate your account at the end of any calendar month by contacting Acclivity NYC through the Support sections of the Enstore website. Acclivity NYC will need up to 14 days to process your request after confirming your termination request.

Upon termination all of your content on Enstore, including orders placed by your customers on Enstore will be deleted by Acclivity NYC. Acclivity NYC will not be able to restore said content or provide you with a backup copy.

Severance and Waiver

In the event that a provision of this Agreement is null and void or unenforceable (either in whole or in part), the remainder of this Agreement shall continue to be effective.

Nothing shall be construed as a waiver under this Agreement. The failure of Acclivity NYC to exercise any right under this Agreement shall not be deemed to constitute a waiver of the right to exercise any such right in the future.

Assignment or Encumbrance

You may not assign this Agreement or assign or encumber any of its rights thereunder without the prior written consent of Acclivity NYC.

Modifications

Acclivity NYC may revise the Terms of Service at any time. The most current version will always be available on our website. Be sure to check the Terms of Service page regularly for changes.

In the event of a material change to the Terms of Service, Acclivity NYC may at its own discretion notify you by email using the email address associated with your Enstore account. If you continue to use Enstore after revisions to the Terms of Service have been effective, you are agreeing to be bound by the revised Terms. If you do not agree to any revised terms, please discontinue using Enstore.

Other Terms

You attest that you are 18 years old or older and will provide Acclivity NYC with complete and accurate information when you sign up for Enstore.

Should any of your personal information change, you will update such information in the applicable sections of the Enstore website or contact Enstore support to notify them of the changes.

You are personally responsible for choosing a secure password to log in to your Enstore account and for safeguarding said password. If you lose your password, Acclivity NYC will not be able to retrieve it, but your password can be reset as long as the email address linked to your Enstore Account is up to date.

Should you elect to reset your password, you agree that Acclivity NYC is not responsible in any way for the security of any data transmitted to you by email.

You agree not to use a “Store Name” or “Store Handle” that falsely suggests that you are representing another company, person, brand or trademark.

Enstore is licensed, not sold or leased, to you. Under no circumstance will Acclivity NYC make any source code of Enstore available to you. You agree not to reverse engineer any part or component of Enstore and/or any of the third party services and products with which it integrates.

This Agreement constitutes the entire agreement between Acclivity NYC and you on the subject of Enstore and supersedes any prior agreement or any other communications between you and Acclivity NYC. Without prejudice to any other rights, Acclivity NYC may immediately terminate this Agreement if you fail to comply with any of the terms and conditions set out in this Agreement.

While use of Enstore is currently “free” or does not carry with it a cost, Acclivity NYC reserves the right to change its pricing structure at any time. Acclivity NYC will provide at least three (3) months notice in the event they modify pricing in such a way that would force Enstore users to pay for the service.

Export Controls

You agree not to use Enstore except as explicitly authorized by United States law and the laws of the jurisdiction in which you signed up for your Enstore account. You will not use Enstore to export or re-export goods to any U.S. embargoed country or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Enstore, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use Enstore for any purposes prohibited by United States law, including without limitation, the development, design, manufacture or production of nuclear missiles or chemical or biological weapons.

U.S. Government End Users

Enstore is being licensed to U.S. Government end users only as a commercial service and with only the same rights granted to all other end users. All unpublished rights are reserved under the Copyright laws of the United States, the Netherlands and International agreements.

Applicable Law

This Agreement is governed by United States law or at Acclivity NYC's sole discretion the law of any court which may have jurisdiction. This Agreement shall not be governed by the UN Convention on contracts for the international sale of goods. You agree that Acclivity NYC, at Acclivity NYC's sole discretion, may elect to bring legal action regarding any dispute arising from or in connection with this Agreement before the courts of the state of New Jersey, in the United States or in any court in any country which may have jurisdiction and you herewith irrevocably and unconditionally submit to the exclusive jurisdiction of the courts chosen by Acclivity NYC.

Questions

Should you have any questions concerning this Agreement, please contact Acclivity NYC through the appropriate sections of www.enstore.com.