Web-Stor®  Terms of Service

Our Web-Stor integration solution (the “Solution”) provides eCommerce data integration with your ERP system and includes a user dashboard to help you manage your business more efficiently. These Terms of Service (“Terms”) outline the terms and conditions governing your use of the Solution.

1. Acceptance of Terms

By using the Solution, you agree to these Terms. If you do not agree to these Terms, please do not use the Solution.

2. License

We grant you a non-exclusive, non-transferable, revocable license to use the Solution solely for your own business purposes. You may not use the Solution for any unlawful purpose or in any way that violates these Terms.

3. Your Content

You own all rights, title, and interest in and to the data and other content that you upload or input into the Solution (“Your Content”). You are solely responsible for Your Content and for ensuring that Your Content does not infringe the rights of any third party. You grant us a non-exclusive, worldwide, royalty-free license to use Your Content solely for the purpose of providing the Solution to you.

4. Payment

You agree to pay all fees associated with your use of the Solution. Fees are non-refundable, except as expressly provided in these Terms or as required by applicable law.

5. Intellectual Property

The Solution and all intellectual property rights in the Solution are owned by us or our licensors. You may not copy, modify, distribute, sell, or otherwise exploit the Solution or any part thereof without our prior written consent.

6. Disclaimer of Warranties

The Solution is provided on an “as is” basis, without any warranties or representations of any kind, express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose. We do not warrant that the Solution will be error-free or uninterrupted.

7. Limitation of Liability

To the extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Solution; (b) any changes to the Solution or any temporary or permanent cessation of the Solution; (c) the unauthorized access to or alteration of Your Content; or (d) any other matter relating to the Solution.

8. Indemnification

You agree to indemnify and hold us and our affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your Content, your use of the Solution, your violation of these Terms, or your violation of any rights of another.

9. Termination

We may terminate your use of the Solution at any time without notice. Upon termination, all licenses granted to you will immediately terminate, and you must immediately cease all use of the Solution.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Eastern District of Pennsylvania.

11. Modifications

We reserve the right to modify these Terms at any time by posting the updated Terms in the application interface. Your continued use of the Solution after any such modifications shall constitute your agreement to such modifications.

12. Entire Agreement

These Terms constitute the entire agreement between you and us with respect to your use of the Solution and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.

13. Waiver and Severability

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

14. Assignment

You may not assign these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. We may assign these Terms or any of our rights or obligations hereunder, whether by operation of law or otherwise, without your prior written consent.

15. Contact Information

If you have any questions about these Terms, please contact us at termsofservice@kissingerassoc.com.

Thank you for using our Solution.

Effective date: May 9, 2023