Incorporated Terms – Store Terms

The terms below are incorporated into, and form an integral part of, the SalesRails Terms of Service. Unless otherwise defined herein, capitalized terms shall have the meaning ascribed them in the Terms of Service. Any breach of the terms below will be deemed a material breach of the Terms of Service.

  1. Stores and Materials

    1. “Store” or “store” means an individual, online (not physical) storefront or a shopping cart offered through the Services identified through a unique home page URL. Multiple URLs that point to the identical home page content will be deemed a single Store. A Store can be individually configured with its own settings, payment methods, and 3rd party apps.
    2. You are solely responsible for your Stores and Your Materials. “Laws” means applicable laws, rules, and regulations; “Your Materials” means the content, communications, text, images, video, photographs, domain names, and all other materials posted to, displayed on, or linked from your Stores; “Your Users” means your customers, patrons, subscribers, invitees, visitors, and guests of your Stores.

  2. Compliance

    1. Privacy Policy. You will establish and follow a privacy policy that (a) complies with all Laws, (b) is readily accessible to Your Users, and (c) clearly discloses how you collect, use, share, secure, and disclose personal information.
    2. User Agreement. You will enter into an agreement with Your Users that will include all pertinent provisions of these Terms and release SalesRails and its licensors from any and all liability for damages or losses Your Users may incur as a result of using your Stores.
    3. Legal Compliance. You will require Your Users to comply with (and not knowingly enable them to violate) all Laws and these Terms. All products and services accessible through your Stores and Your Materials, will comply with all Laws, including, without limitation, Laws relating to accessibility. You will promptly respond to and resolve all accessibility complaints.
    4. Remedies.
      1. Suspension/Termination. Without limiting the rights and remedies available to it, SalesRails reserves the right in its discretion, to suspend or terminate access to your Account and your Services subscription, with or without notice, and to take any other action that SalesRails determines in its discretion is necessary in order to prevent or remedy any breach by you or Your Users of the Terms.
      2. Content Removal. Although SalesRails has no obligation to monitor your Stores (as defined in the Store Terms) or Your Materials, SalesRails may do so and may remove any of your Stores or Your Materials it believes may be (or are alleged to be) in violation of any Laws or the Terms, or are otherwise objectionable or offensive in SalesRails’ sole discretion.
    5. Cooperation with Law Enforcement. When legally required, or otherwise in SalesRails’ discretion, SalesRails will cooperate with law enforcement agencies in any investigation of alleged illegal activity related to Your Materials, Your Users, and your use of the Website or Services.

  3. Communications
    You are solely responsible for all communications between you and Your Users. You represent, covenant, and warrant that all email communications between you and Your Users using the Services will be in compliance with your privacy policy and all Laws, including, without limitation, all Laws related to unsolicited emails, privacy, obscenity, and defamation.

  4. Ownership & Disputes
    1. Generally. The entity or person who creates the SalesRails Account, Store, or website will generally be deemed the owner. SalesRails may allow only the owner or the point of contact designated by the owner to make changes, cancellations, or designate a new point of contact.
    2. Disclaimer. To the fullest extent permitted by applicable law, SalesRails will have no obligation or liability whatsoever to you or any third party (i) to resolve any ownership dispute, or (ii) for any act taken to resolve any ownership dispute.
    3. Remedies. If a dispute arises between you and one or more third parties concerning your ownership of your Account or your Store, SalesRails may, in its discretion:
      1. suspend the Store;
      2. take no further action until you and such third parties promptly, conclusively, and finally resolve the dispute judicially;
      3. prevent a party from operating the Store without proof of intellectual property rights in applicable store assets, such as domain names, trademarks, images, product listings (“Underlying Store IP”); and/or
      4. make Underlying Store IP available to the holder of the applicable intellectual property rights.
    4. Suspension/Termination. If you fail to resolve the dispute in a reasonable time, as determined by SalesRails in its discretion, then SalesRails may suspend or terminate your Account and/or your Stores until such dispute is conclusively resolved.
    5. Judicial Determination. If a third party is identified by court order, binding arbitration, or settlement agreement as the rightful owner, then SalesRails may, without any liability to you, transfer ownership of your Account and/or your Stores to the identified owner.

  5. Certain Services
    1. Migration Services. SalesRails offers migration services to customers purchasing select Service plans (as described on our Website) or for an additional fee. SalesRails supports most standard shopping cart database schemes by default. Our migration Services do not guarantee proper migration of the custom data, fields or information handled by third-party modules and/or contributions. We recommend that data is migrated into a Store that is not live (visible to the public and/or transacting). If for any reason you require migration Services to transfer data into a live Store, we recommend that your Store is placed in ‘maintenance mode’ during the data transfer, as importing large amounts of data can disrupt business flow within a live Store site.
    2. Onboarding Services. Our onboarding services include configuration of basic SalesRails store settings and is available to customers purchasing select Service plans (as described on our Website) or for an additional fee.
    3. No Refund. Unless included in a select Service plan, migration Services and onboarding Services are Services for which we charge a one-time, upfront, non-refundable fee.
Date of Last Revision: January 2, 2023