Welcome to e-ProductPlug, a Web-based tool that is owned and operated by e-Mend Software, LLC and that enables e-Commerce business owners and marketers to automate the process of updating product and inventory information online. e-ProductPlug is at times referred to in these Terms of Service as “The Service.”
Before setting up or using an e-ProductPlug account, you must read and agree to these e-ProductPlug Terms of Service. Your use of
e-ProductPlug is governed by these Terms of Service. By using and/or establishing an account at e-ProductPlug, you (“User”) agree to be bound by and comply with the terms and conditions contained herein.
e-ProductPlug is a web-based service available at https://app.e-ProductPlug.com that allows you to use software developed and owned by e-Mend Software, LLC and offered as a Software as a Service in order to upload, update, insert, and transmit product data from Vendors to an e-Commerce platform/cart or to a flat file (herein, “Content”). Your use of The Service is at your own risk. The Service is provided on an AS IS and AS AVAILABLE basis.
When using e-ProductPlug, any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time. All such Guidelines and rules are hereby incorporated by reference into these Terms of Service. E-Mend Software, LLC may, at its sole discretion, modify or revise these Terms of Service and policies at any time; by using The Service you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement and these Terms of Service, you may not use The Service.
You are responsible for your own communications and communications to and from your account with The Service, and for all Content sent to and from your account, stored under your account, and activity that occurs under your account (even when Content is posted by others who have access to your account) and for any consequences thereof or arising therefrom. You agree that you will use The Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (a) use the Service to upload, store, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by e-Mend Software, LLC; (b) upload, store, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (c) prevent others from using The Service; or (d) use The Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement and your account with e-ProductPlug, and may subject you to state and federal penalties and other legal consequences. E-Mend Software, LLC reserves the right, but shall have no obligation, to investigate your use of The Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
E-Mend Software, LLC takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does E-Mend Software, LLC have any obligation to monitor such third-party content. E-Mend Software, LLC reserves the right at all times to remove or refuse to distribute any Content on The Service, such as content that violates the terms of this Agreement. E-Mend Software, LLC also reserves the right to access, read, preserve, and disclose any information and Content as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property, or safety of e-Mend Software, LLC, its users and the public. E-Mend Software, LLC will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of e-ProductPlug provided and owned by e-Mend Software, LLC are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws and are the property of e-Mend Software, LLC or its subsidiaries or affiliated companies and/or third-party licensors. Except as may otherwise be noted, all trademarks, service marks, and trade names are proprietary to e-Mend Software, LLC or its affiliates and/or third-party licensors.
e-Mend Software, LLC does not claim any ownership in any of the Content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit, or store in your e-ProductPlug account.
You are solely responsible for your Content and the consequences of uploading, storing, transmitting or otherwise distributing Content to and/or from your account. Except as set forth herein, e-Mend Software, LLC will not use any of Content for any purpose except to provide you with The Service.
By uploading, storing, transmitting or otherwise distributing Content, you affirm, represent, and warrant that:
a) the Content does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) slander, defame, or libel any other person; and
c) the Content does not contain any viruses, adware, spyware, worms, or other malicious code.
Violators of any third-party rights may be subject to criminal and civil liability. E-Mend Software, LLC reserves all rights and remedies against any Users who violate these Terms of Service.
You understand that when using e-ProductPlug you may be exposed to Content from a variety of sources, and that E-Mend Software, LLC is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against E-Mend Software, LLC with respect thereto. E-Mend Software, LLC does not endorse any Content or any opinion, recommendation or advice expressed therein, and E-Mend Software, LLC expressly disclaims any and all liability in connection with Content.
E-Mend Software, LLC disclaims any and all liability in connection with or arising from Content uploaded, stored, transmitted or otherwise distributed by User. In the event e-Mend Software, LLC receives any information or notice that any Content uploaded, stored, transmitted or otherwise distributed by User violate these Terms of Service or infringes any copyright, trademark, or patent, or is alleged to infringe any copyright, trademark, or patent, E-Mend Software, LLC reserves the right to immediately remove the Content without notice to the User and without any obligation to investigate an allegation of infringement. E-Mend Software, LLC further reserves the right in its sole and unfettered discretion to remove for any reason whatsoever and at any time, any Content uploaded, stored, transmitted or otherwise distributed by a User, without prior notice to User.
E-Mend Software, LLC further reserves the right to terminate User access to the e-ProductPlug website in the event User violates these Terms of Service.
By agreeing to these Terms of Service you agree not to:
a) except as expressly permitted herein, use The Service for any purposes other than to access and use e-ProductPlug as such services are offered by E-Mend Software, LLC;
b) share a single login with multiple people. Your login may be used by only one person, but you may create separate logins for as many others as you desire;
c) block ads if you are a free account user;
d) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access e-ProductPlug accounts of others without permission, forge another persons' digital signature or identity, misrepresent the source, identity, or content of information transmitted via e-ProductPlug, or perform any other similar fraudulent activity;
e) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of e-ProductPlug. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
f) use e-ProductPlug for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
g) defame, harass, abuse, threaten or defraud Users of e-ProductPlug, or collect, or attempt to collect, personal information about Users or third parties without their consent;
h) use e-ProductPlug if you are not legally competent to do so;
i) remove, circumvent, disable, damage or otherwise interfere with security-related features of e-ProductPlug or User Content, features that prevent or restrict use or copying of any content accessible through e-ProductPlug, or features that enforce limitations on the use of e-ProductPlug or User Content;
j) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of e-ProductPlug or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
k) modify, adapt, translate or create derivative works based upon e-ProductPlug or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
l) intentionally interfere with or damage operation of e-ProductPlug or any user's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
m) use any robot, spider, scraper, or other automated means to access e-ProductPlug for any purpose or bypass any measures E-Mend Software, LLC may use to prevent or restrict access to e-ProductPlug;
n) interfere with or disrupt e-ProductPlug or servers or networks connected to e-ProductPlug, or disobey any requirements, procedures, policies or regulations of networks connected to e-ProductPlug.
E-Mend Software reserves the right to scan all Content to ensure compliance with these Terms of Service. In the event E-Mend Software determines, in its sole discretion, that your use of e-ProductPlug is in violation of these Terms of Service, E-Mend Software shall have the right without recourse by the User to immediately terminate your account.
When you use e-ProductPlug, you may be asked to establish an account and establish passwords. You are solely responsible for maintaining the confidentiality of your account and passwords and for restricting access to your computer and/or account, and you agree to accept responsibility for all activities that occur under your account or passwords. You agree that the information you provide to e-Mend Software, LLC on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify e-Mend Software, LLC. You may be liable for the losses incurred by e-Mend Software, LLC or others due to any unauthorized use of your e-ProductPlug account.
a) A valid credit card is required for all accounts;
b) If you initially sign up for a free trial and have subscribed and paid for the service, and you don't cancel that account within the specified paid period, you will be billed monthly until you cancel the account. Note that the "days" of the paid period correspond to 24-hour periods beginning at the date and time that you subscribe. If you cancel prior to the processing of your next invoice, you will not be charged;
c) An upgrade from the free plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading;
d) The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made;
e) All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes;
e) For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle;
f) Downgrading your Service may cause the loss of Content, features, or capacity of your Account. E-Mend Software does not accept any liability for such loss.
User agrees to defend, indemnify and hold harmless e-Mend Software, LLC, its affiliated companies, officers, directors, employees and agents from and against all claims, demands, suits, costs, damages, and expenses, including but not limited to attorneys' fees and reasonable settlements that e-Mend Software, LLC may sustain or incur by reason of (a) use of e-ProductPlug website, (b) breach, alleged breach or violation of the foregoing warranties, representations and covenants, (c) any violation of any third party right arising from User Content submitted by User, (d) any claim that any User Content submitted by User caused damage to a third party, or (e) any other violation of these Terms of Service. User’s obligation to defend, indemnify and hold harmless e-Mend Software, LLC shall survive these Terms of Service and e-ProductPlug.
Use of e-ProductPlug shall be at user’s sole risk. To the fullest extent permitted by law, e-Mend Software, LLC, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with e-ProductPlug and use thereof. E-Mend Software, LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of website content or data being transferred, (ii) personal injury or damage, of any nature whatsoever, resulting from access to and use of e-ProductPlug, (iii) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through e-ProductPlug website by any third party, and/or (iv) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via e-ProductPlug.
E-Mend Software, LLC does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through e-ProductPlug or any hyperlinked website or featured in any banner or other advertising. E-Mend Software, LLC will not be a party to or in any way be responsible for monitoring any transaction between a user and third-party providers of products or services.
User agrees not to hold e-Mend Software, LLC, its officers, directors, employees or agents liable for any loss or damage, whether direct, indirect, incidental, special, punitive, or consequential, incurred as a result of user’s use of e-ProductPlug, (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or damage of any nature whatsoever, resulting from user’s access to and use of e-ProductPlug, (iii) any interruption or cessation of transmission to or from e-ProductPlug, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through e-ProductPlug by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of user’s use of any content posted, emailed, transmitted, or otherwise made available via e-ProductPlug, whether based on warranty, contract, tort, or any other legal theory, and whether or not E-Mend Software, LLC is advised of the possibility of such damages.
Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside is such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in these terms of service apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
a) You may cancel your use of The Services and/or terminate your account and this Agreement with or without cause at any time, however, that a terminated account may continue to exist for a reasonable period of time before such cancellation takes effect in order for e-Mend Software, LLC to process the termination. You may terminate your account ONLY in the manner set forth in this section 14. In addition to the right to terminate your account for using e-ProductPlug in a manner that violates these Terms of Service as provided in section 9, e-Mend Software, LLC may at any time and for any reason terminate The Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information and Content may remain in the e-ProductPlug system.
b) In order to terminate your account, you must terminate your account from inside the application in the ‘My Account’ tab, click 'Cancel Store' if you have more than one store, or 'Cancel Account'. Customers are responsible for cancelling their own accounts and cannot be done via email or voicemail.
a) These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, except for its conflicts of laws principles. User consents to the exclusive jurisdiction and venue in the state and federal courts in Broward County, Florida.
b) E-Mend Software, LLC may transfer and assign these Terms of Service without restriction. User may not transfer or assign any of these Terms of Service.
c) User affirms and warrants that User is legally competent to enter into these Terms of Service, and the conditions, obligations, affirmations, representations, covenants and warranties set forth herein.
d) If any provision of these Terms of Service is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the remaining provisions of these Terms of Service shall not be affected.
e) No waiver of any term of these Terms of Service shall be deemed to constitute a continuing waiver of such term.
f) E-Mend Software, LLC may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail or postings on e-ProductPlug. Notice will be deemed given twenty-four hours after email is sent, unless e-Mend Software, LLC is notified that the email address is invalid. Alternatively, e-Mend Software, LLC may give you legal notice by mail to a postal address, if provided by you through e-ProductPlug. In such case, notice will be deemed given three days after the date of mailing. Notice posted on e-ProductPlug is deemed given five (5) days following the initial posting.
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