AGREEMENT, WARRANTY and DISCLAIMER

GRANT. Subject to payment of applicable license fees, Oakland Group, Inc. and Oakland Group, Inc. hereby grants to you a non-exclusive license to use its accompanying software product, the @Retail Universal Shopping Cart Server ("Software") and documentation in the manner described below under "Scope of Grant," subject to the terms herein.

LIMITED WARRANTY. Oakland Group, Inc. and Oakland Group, Inc. warrants that for a period of ninety (90) days from the date of acquisition, the Software, if operated as directed, will substantially achieve the functionality described. 

Oakland Group, Inc. and Oakland Group, Inc.  does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. In addition, the security mechanism implemented by the Software has inherent limitations, and you must determine that the Software sufficiently meets your requirements.  You agree to follow the security practices recommended on our Security Page, available by clicking 'Security' in the left menu of your cart control panel.

The service is provided on an "as is, as available" basis. The provider gives no warranty, expressed or implied, for the services provided, including, without limitation, warranty of merchantability and warranty of fitness for a particular purpose. This no warranty expressly includes any reimbursement for losses of income due to disruption of service by provider or its providers beyond the fees paid by client to provider for services.   

You will defend, indemnify and hold harmless @Retail, Cartsupport.com and Oakland Group, Inc., its officers, directors, employees, agents, assigns, affiliates, associates, partners, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the service, any of your postings, and any breach by you of the terms of this agreement. Your indemnification obligations survive termination of this agreement.

Oakland Group, Inc. and Oakland Group, Inc.  is not a credit card issuer, does not operate a credit card network, and does not control or have input to your status as a credit card merchant.  Oakland Group, Inc. and Oakland Group, Inc.  acts merely as a communications resource, helping Consumers place orders with Merchants, then conveying certain transaction information to the Merchants' credit card processing network.

Oakland Group, Inc. and Oakland Group, Inc. also warrants that the media (if provided) containing the Software, if provided by Oakland Group, Inc., is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software. Oakland Group, Inc.'s sole liability for any breach of this warranty shall be, in Oakland Group, Inc.’s sole discretion: (i) to replace your defective media; or (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) if the above remedies are impracticable, to refund the license fee you paid for the Software.

Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date (a) of shipment to you of the repaired or replaced Software, or (b) Oakland Group, Inc. and Oakland Group, Inc. advised you how to operate the Software so as to achieve the functionality described in the Documentation. Only if you inform Oakland Group, Inc. and Oakland Group, Inc. of your problem with the Software during the applicable warranty period and provide evidence of the date you purchased a license to the Software will Oakland Group, Inc. and Oakland Group, Inc. be obligated to honor this warranty. Oakland Group, Inc. and Oakland Group, Inc. will use reasonable commercial efforts to repair, replace, advise or refund pursuant to the foregoing warranty within 30 days of being so notified.

 THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY OAKLAND GROUP, INC.

TERMS APPLICABLE WHEN LICENSE FEES PAID

 NO LICENSE IS GRANTED WITHOUT FULL ADVANCE PAYMENT OF LICENSING FEE.

Oakland Group, Inc. and Oakland Group, Inc. MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO Oakland Group, Inc. and Oakland Group, Inc. DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.

If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or Software other than the unmodified version of hardware and Software with which the Software was designed to be used as described in the Documentation.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.

TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF GRANT. You may: use the Software on any single computer; provide access to use of the Software through a network; use the Software on a network; provided that each Merchant providing access to the Software through the network must have  licensed use; use the Software on a second computer so long as only one copy is simultaneously; or copy the Software for archival purposes, provided any copy must contain all of the original Software’s proprietary notices.

 You may not: permit other individuals to use the Software except under the terms listed above; modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; copy the Software (except as specified above); rent, lease, transfer or otherwise transfer rights to the Software; or remove any proprietary notices or labels on the Software. In order to protect our licensing agreement, and since the nature of the perl programming language requires that the source code be distributed for functionality of the product, some distributions may contain a routine which reports the server being used to the software author(s). This routine reports no other information than the name of the server where the software is being run. Licensee agrees that they will not remove this routine from their distribution of the software, if present.

 TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain in Oakland Group, Inc. and Oakland Group, Inc. and/or its suppliers. The Software is protected by the copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License gives you no rights to such content.

 TERMINATION. The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation. Failure to read this license agreement implies complete agreement with all its terms and does not excuse the user from from all obligations set forth herein.

 EXPORT CONTROLS. None of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 In addition, if the licensed Software is identified as a not-for-export product (for example, on the box, media or in the installation process), then the following applies: EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN CITIZENS, THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY U.S. GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES. BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE AGREEING TO THE FOREGOING AND YOU ARE WARRANTING THAT YOU ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A FOREIGN PERSON.

 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Oakland Group, Inc. and Oakland Group, Inc. OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL Oakland Group, Inc. and Oakland Group, Inc. BE LIABLE FOR ANY DAMAGES IN EXCESS OF OAKLAND GROUP, INC.’S LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF Oakland Group, Inc. and Oakland Group, Inc. SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

MISCELLANEOUS. This Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Nevada law (except for conflict of law provisions). The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

 OTHER WARNINGS AND CAUTIONS

 These programming provided by Oakland Group, Inc. and Oakland Group, Inc.  are intended to help automate routine retail finance and fulfillment tasks. They ARE NOT a substitute for common business sense and are not intended to help reduce business risk in any way. We suggest that you deploy each feature (such as credit card batch processing support) separately, ensure that it is working to your satisfaction, and then deploy another feature.

 Oakland Group, Inc. and Oakland Group, Inc.  accepts no responsibility for changes you may make to these documents, executables, templates, samples, and examples.

These documents and executables reflect many standard business practices which you are free to use or change as you wish. For instance, if you wish to accept UPS orders shipped to PO boxes, that is you affair, but UPS has trouble delivering to PO boxes and changes of this nature are your responsibility.

Oakland Group, Inc. and Oakland Group, Inc. is located at 626 South Arroyo Parkway, Suite 124, Pasadena, CA 91105, USA.  Phone: 800-448-2772

License and Agreement

ACCEPTANCE OF TERMS.
The services that @Retail, Cartsupport.com and Oakland Group, Inc. provides to you are subject to the following Terms of Use ("TOU"). @Retail, Cartsupport.com and Oakland Group, Inc. reserves the right to update or change the TOU at any time without notice to you. This is most current version of the TOU.

DESCRIPTION OF SERVICES.
Through its network of Web properties, @Retail, Cartsupport.com and Oakland Group, Inc.  provides you with access to a variety of resources, including developer tools, merchant services and e-commerce services, shopping cart, download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

REVOCATION
 @Retail, Cartsupport.com and Oakland Group, Inc. reserve the right to terminate any account at any time, with or without cause or notice.

PERSONAL AND COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal and commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Statement disclosures relating to the collection and use of your information.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Services ("Software") is the copyrighted work of @Retail, Cartsupport.com and Oakland Group, Inc. and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, @Retail, Cartsupport.com and Oakland Group, Inc. HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, @Retail, Cartsupport.com and Oakland Group, Inc. MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. @Retail, Cartsupport.com and Oakland Group, Inc.  DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN @Retail, Cartsupport.com and Oakland Group, Inc.  SOFTWARE PRODUCTS.

RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is @Retail, Cartsupport.com and Oakland Group, Inc.  Corporation.

NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the @Retail, Cartsupport.com and Oakland Group, Inc. .com Web site or any other @Retail, Cartsupport.com and Oakland Group, Inc.  owned, operated, licensed or controlled site. Elements of @Retail, Cartsupport.com and Oakland Group, Inc.  Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any @Retail, Cartsupport.com and Oakland Group, Inc.  Web site may be copied or retransmitted unless expressly permitted by @Retail, Cartsupport.com and Oakland Group, Inc. .

@Retail, Cartsupport.com and Oakland Group, Inc.  AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. @Retail, Cartsupport.com and Oakland Group, Inc.  AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL @Retail, Cartsupport.com and Oakland Group, Inc.  AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. @Retail, Cartsupport.com and Oakland Group, Inc.  AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL @Retail, Cartsupport.com and Oakland Group, Inc.  AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify @Retail, Cartsupport.com and Oakland Group, Inc.  immediately of any unauthorized use of your account or any other breach of security. @Retail, Cartsupport.com and Oakland Group, Inc.  will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by @Retail, Cartsupport.com and Oakland Group, Inc.  or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any @Retail, Cartsupport.com and Oakland Group, Inc.  server, or the network(s) connected to any @Retail, Cartsupport.com and Oakland Group, Inc.  server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any @Retail, Cartsupport.com and Oakland Group, Inc.  server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

USE OF SERVICES.
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

  • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

@Retail, Cartsupport.com and Oakland Group, Inc. has no obligation to monitor the Communication Services. However, @Retail, Cartsupport.com and Oakland Group, Inc.  reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. @Retail, Cartsupport.com and Oakland Group, Inc.  reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

@Retail, Cartsupport.com and Oakland Group, Inc. reserve the right at all times to disclose any information as @Retail, Cartsupport.com and Oakland Group, Inc.  deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in @Retail, Cartsupport.com and Oakland Group, Inc.'s sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. @Retail, Cartsupport.com and Oakland Group, Inc.  does not control or endorse the content, messages or information found in any Communication Services and, therefore, @Retail, Cartsupport.com and Oakland Group, Inc.  specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized @Retail, Cartsupport.com and Oakland Group, Inc.  spokespersons, and their views do not necessarily reflect those of @Retail, Cartsupport.com and Oakland Group, Inc.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO @Retail, Cartsupport.com and Oakland Group, Inc.  OR POSTED AT ANY @Retail, Cartsupport.com and Oakland Group, Inc.  WEB SITE.
@Retail, Cartsupport.com and Oakland Group, Inc. does not claim ownership of the materials you provide to @Retail, Cartsupport.com and Oakland Group, Inc.  (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting @Retail, Cartsupport.com and Oakland Group, Inc. , its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all @Retail, Cartsupport.com and Oakland Group, Inc.  Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. @Retail, Cartsupport.com and Oakland Group, Inc.  is under no obligation to post or use any Submission you may provide and @Retail, Cartsupport.com and Oakland Group, Inc.  may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.

ACCOUNT ABANDONMENT AND DELETION
 @Retail, Cartsupport.com and Oakland Group, Inc. gives priority to active merchants who are actively engaged in selling their products online.  If you do not have sales or site visitors who actively shop your site at least once every 60 Days, then we regard your site as inactive or abandoned.  To ensure fair treatment and good database performance for our active customers, we may delete your data if your account appears inactive or abandoned.  We reserve the right to delete accounts and/or  data that appear unused for longer than 60 Days.  This preserves database performance for merchants who are actually using the system.  No notice is given if this is done.  If you have a site that is not used frequently, then once every month, or once every 60 days, you should visit your web site and 'purchase' one of your products, simply depositing that product in the cart (you do not need to check out).  This will update the 'date-cart-last-used' date in our database an prevent your product data and/or cart from being deleted.

LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE @Retail, Cartsupport.com and Oakland Group, Inc.'s SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF @Retail, Cartsupport.com and Oakland Group, Inc.  AND @Retail, Cartsupport.com and Oakland Group, Inc. IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. @Retail, Cartsupport.com and Oakland Group, Inc.  IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. @Retail, Cartsupport.com and Oakland Group, Inc.  IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY @Retail, Cartsupport.com and Oakland Group, Inc.  OF THE SITE.

UNSOLICITED IDEA SUBMISSION POLICY.
@Retail, Cartsupport.com and Oakland Group, Inc. OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN @Retail, Cartsupport.com and Oakland Group, Inc. 'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO @Retail, Cartsupport.com and Oakland Group, Inc. . SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO @Retail, Cartsupport.com and Oakland Group, Inc.  OR ANYONE AT @Retail, Cartsupport.com and Oakland Group, Inc. . IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT @Retail, Cartsupport.com and Oakland Group, Inc.  MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

Traffic Surcharges
@Retail, Cartsupport.com and Oakland Group, Inc. will apply traffic surcharges to high activity accounts.  This is done in fairness to all users and to fairly allocate costs to the merchants who accrue the most benefits from using the system.  This is done by examining the top 3% of highest activity merchants and allocating a segment of costs among these merchants, fairly allocating the highest use of resources among the merchants who have the most activity with demonstrated commensurate ability to pay.

Availability Quota
Service for free carts is provided on a 'capacity available' basis with available capacity for servicing free carts computed on a real-time, dynamic basis.  A dynamic service quota is provided to each free cart.  If the free cart activity exceeds the quota provided, service for that cart will be curtailed until capacity to service that cart exists as demand for advanced carts falls.  When capacity is again available to service free carts, requests for free cart service will again be honored.  Upgraded or advanced carts are not exposed to quota limitations.

Annual Fee
An annual membership continuation license fee is charged for every shopping cart cart during the month of the first and subsequent anniversary after joining the service. 

Excess Products Charge
Merchants who add more products to their account than indicated on our pricing schedule may do so, but are assessed an excess products fee.  Managing your product count wisely is highly recommended.  Adding options 'Product Doubler' or 'Extra 1000 products' on the upgrades page will almost always be cheaper that letting your product count get out of control and paying the Excess Product Fee instead.  Merchants are encouraged to upgrade or to add the above options to get the product count they need.

PAYMENT FOR SERVICES
 We never ask for your credit card information for verification purposes.  You give us your credit card information via the online form only for the express purpose of paying for our upgraded services.  @Retail, Cartsupport.com and Oakland Group, Inc. provide a FREE level of service which you are free to use at no charge.  If you choose to upgrade from the free service, you agree to be liable to pay, and will pay, all scheduled fees for the upgraded services you subscribe to.  We will never assess a charge to you without obtaining prior agreement which you signify by operating the specified web page control (such as click-buttons) which specify that you are obligated to pay for the service.    Clicking the control to start the service signifies your agreement.  Charges are monthly and ongoing until you terminate the service with us.  You agree to pay all fees described for the service level you subscribe to.  To ensure that your e-commerce does not get cancelled against your desire by an unauthorized third party, we require authentication to close an account.  See our Payment Policy for information regarding billing cycles, automatic termination for non-payment, etc.  @Retail, Cartsupport.com and Oakland Group, Inc. reserve the right to withdraw free services at any time with no notice. 

TRADEMARKS
 @Retail, Cartsupport.com and Oakland Group, Inc., CartSupport.com, and/or other @Retail, Cartsupport.com and Oakland Group, Inc. products referenced herein are either registered trademarks or trademarks of @Retail, Cartsupport.com and Oakland Group, Inc. in the U.S. and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.

COMMUNICATIONS
@Retail, Cartsupport.com and Oakland Group, Inc., CartSupport.com, and/or other @Retail, Cartsupport.com and Oakland Group, Inc. entities, including our resellers and associates provide services that affect your revenues.  As such, from time to time we may need to place critical information in your hands that affects your business, your revenues and your ability to do business through our resources.  You therefore agree to indemnify us and hold us harmless for any damages arising from our communications via email or otherwise with you.  This is not a guarantee that we will advise you of all conditions or events affecting your business or your e-commerce and you will likewise indemnify us and hold us harmless if we do not communicate salient facts to you.

COPYRIGHT NOTICE
 Copyright © 2001 @Retail, Cartsupport.com and Oakland Group, Inc.  All rights reserved.

Any rights not expressly granted herein are reserved.

Send your questions to the appropriate contact as listed below:

 

Acceptable Use Policy

Oakland Group, Inc. and its affiliates (collectively, "@Retail") have formulated this Acceptable Use Policy ("AUP") in order to encourage the responsible use of @Retail's networks, systems, services, websites and products (collectively, the "@Retail Network and Services") by our customers and other users of the @Retail Network and Services (collectively, "Users"), and to enable us to provide Users with secure, reliable and productive services.

General Conduct.

The @Retail Network and Services must be used in a manner that is consistent with the intended purpose of the @Retail Network and Services and may be used only for lawful purposes. Users shall not use the @Retail Network and Services in order to transmit, distribute or store material: (1) in violation of any applicable law or regulation, including export or encryption laws or regulations; or (2) that may expose @Retail to criminal or civil liability. Users are further prohibited from assisting any other person in violating any part of this AUP.

Privacy.

Please click here to view the @Retail Privacy Statement.

Responsibility for Content.

@Retail takes no responsibility for any material created or accessible on or through the @Retail Network and Services. @Retail is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. In the event that @Retail becomes aware that any such material may violate this AUP and/or expose @Retail to civil or criminal liability, @Retail reserves the right to block access to such material and suspend or terminate any User creating, storing or disseminating such material. @Retail further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User that @Retail deems responsible for the wrongdoing.

Inappropriate Content.

Users shall not use the @Retail Network and Services to transmit, distribute or store material that is inappropriate, as reasonably determined by @Retail, or material that is indecent, obscene, pornographic (including child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent.

Intellectual Property.

Material accessible through the @Retail Network and Services may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Users shall not use the @Retail Network and Services in any manner that would infringe, violate, dilute or misappropriate any such rights. If you use a domain name in connection with any of the @Retail Network and Services, you must not use that domain name in violation of the trademark, service mark, or similar rights of any third party.

Harmful Content

Users shall not use the @Retail Network and Services to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to the @Retail Network and Services, any other network or equipment, or other Users.

Fraudulent/Misleading Content

Users shall not use the @Retail Network and Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.

Unsolicited Messages

Users may not send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements ("spam"), including, without limitation, actions such as using an e-commerce account on @Retail's network to send spam, or using the service of another provider to send spam or to promote a site hosted on or connected to the @Retail Network and Services. In addition, Users may not use the @Retail Network and Services or the services of others in order to (a) send e-mail messages which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, "mail bombing", (e) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data. An e-mail message will be considered unsolicited if it is sent to a recipient (1) who has not expressly requested or invited it; (2) with whom the sender does not have an existing business or personal relationship; or (3) who has requested that the sender not send them any further messages.

Third Party Rules; Usenet.

Users may have access through the @Retail Network and Services to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use. Users must adhere to any such rules, guidelines, or agreements.

Users who post messages to Usenet newsgroups are responsible for becoming familiar with any written charter or FAQ governing use of such newsgroups and complying therewith. Regardless of such policies, Users may not (a) post the same message, or a series of similar messages, to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "Usenet spam"), (b) cancel or supersede posts not originally posted by such User, unless such User does so in the course of his/her duties as an official newsgroup moderator, (c) post any message with forged packet header information, or (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters.

System and Network Security.

Users are prohibited from violating or attempting to violate the security of the @Retail Network and Services, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access, (b) impersonating @Retail personnel, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing", "denial of service" attacks or "crashing", (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (f) taking any action in order to obtain services to which such User is not entitled, or (g) attempting to utilize another User's account name or persona without authorization from that User. Users are also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for @Retail services. Violations of system or network security may result in civil or criminal liability. @Retail will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

Suspension; Termination.

Any User which @Retail determines to have violated any element of this Acceptable Use Policy may be subject to a suspension or termination of service, and if @Retail deems it necessary, immediate suspension or termination of such User's service without notice. @Retail may take such further action as @Retail determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and @Retail shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from @Retail's exercise of its rights under this AUP.

Reporting Violations.

Suspected violations must be reported directly to Oakland Group, Inc. at the address below.  Reporting persons or parties must identify themselves clearly and provide all available documentation of the suspected violation.  Alas, due to the large volume of violation reports we receive, we cannot investigate anonymous complaints, complaints sent through anonymous remailers, or complaints with forged message headers.  Only complaints from parties who identify themselves clearly can be acted upon.

ACCOUNT ABANDONMENT AND DELETION
@Retail gives priority to active merchants who are actively engaged in  selling their products online.  If you do not have sales or site visitors who actively shop your site at least once every 60 Days, then we regard your site as inactive or abandoned.  To ensure fair treatment and good database performance for our active customers, we may delete your data if your account appears inactive or abandoned.  We reserve the right to delete accounts and/or  data that appear unused for longer than 60 Days.  This preserves database performance for merchants who are actually using the system.  No notice is given if this is done.  If you have a site that is not used frequently, then once every month, or once every 60 days, you should visit your web site and 'purchase' one of your products, simply depositing that product in the cart (you do not need to check out).  This will update the 'date-cart-last-used' date in our database an prevent your product data and/or cart from being deleted.

Violations of this AUP may be reported at the following link: support@cartsupport.com.

@Retail reserves the right to modify this Acceptable Use Policy in its discretion at any time. Such modifications will be effective when posted.

Copyright © 1995-2006 Oakland Group, Inc.
All Rights Reserved