JUNE COMMERCE IS ONLY WILLING TO PROVIDE THE SERVICES TO YOU UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES.
The following agreement ("Agreement") is entered into between you ("Customer" or "you") and June Commerce, Inc. ("June"), a California corporation having a business at 15642 Sand Canyon Ave. #54290, Irvine, CA 92619 and is made effective on the date of electronic acceptance. This agreement sets forth the terms and conditions that govern your use of this website and the products and services (collectively, the "Services") found at this site, and is in addition to and not in lieu of any specific terms and conditions that apply to your purchase of a particular Service.
Your electronic acceptance and/or use of the Services signifies that you have read, understood and agreed to be bound by the terms and conditions of this Agreement as well as any policies posted on this website and that by such acceptance and/or use of the Services you agree that any previous agreements between you and June will be terminated and superseded by this Agreement. You acknowledge and agree that June's acceptance of this Agreement and the provision of Services are performed at June's offices in Irvine, California, USA. June, in its sole discretion, may refuse to provide the Services to any one at any time and for any reason. If June exercises this right, June will not charge you for the Services and/or refund you for the amounts paid for the Services during the month that June invokes its right to deny Service.
June, in its sole and absolute discretion, may change or modify this Agreement, and the corporate policies and/or Service Specific Terms which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon the earlier of (i) our email notification to you advising you of such changes or modifications (ii) your electronic acceptance of this Agreement after such changes or modifications have been made to this Agreement as indicated by the "Last Revised" date at the top of this page or (iii) your continued use of the Services after June posts the amended Agreement to junecommerce.com.
2. Eligibility, Point of Contact, Account Ownership
The Services found at this Site are available only to Customers who can form legally binding contracts under applicable law. By using the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
Customer shall designate a single "Point of Contact" in the accompanying Order Form. Customer's Point of Contact shall have full authority to enter into agreements and make binding decisions on behalf of Customer. Customer agrees that June may rely on representations made by Customer's Point of Contact. Customer may change its Point of Contact at any time by giving written notice to June in accordance with the notice provisions of this Agreement. June is under no obligation to accept instructions from anyone other than the Point of Contact. Notwithstanding the foregoing, June shall not be liable for any loss or damage resulting from June's reliance on any instruction, notice, document or communication reasonably believed by June to be genuine and originating from an authorized representative of Customer's corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, June reserves the right (but not the obligation) to require additional authentication from Customer. In order to permit June to protect the quality of its products and services, you hereby consent to June staff being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse.
3. Dispute of Site or Account Ownership
The entity or person creating the account and designated as the owner shall be deemed the account owner. For security reasons, only the account owner or Point of Contact designated by the account owner shall be allowed to make changes, cancellations, or designate a new Point of Contact. Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site, store or account. June is not obligated to and will not resolve any such disputes.If multiple persons are claiming ownership of or rights in a site, store or account, and, in June's sole judgment, there is no certainty as to the ownership of or rights in said site or account, then June will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves June of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what June, in its sole judgment, deems to be a reasonable time, then June, at its sole option and without any obligation to do so, may suspend or terminate the account until such persons resolve said dispute and reach certainty regarding ownership of or rights in said site, store and/or account. The person or persons conclusively and finally determined by court order or settlement agreement to be the rightful owner(s) or interest holder(s) of said site, store and/or account shall be obligated to pay all amounts due and comply with the Transfer Policy, if required, to transfer ownership of the site, store and/or account to the rightful owner. Failure of the rightful owner of said site, store and/or account timely pay in full all of said amounts shall be deemed a breach of these Terms and shall subject the account to immediate termination.
To transfer ownership of an account, Customer must contact June and comply with the Transfer Policy.
June personnel may from time to time recommend third party software or other products and services for your consideration. JUNE MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING PRODUCTS AND SERVICES THAT ARE NOT PURCHASED FROM JUNE, INCLUDING THE COMPATIBILITY OF SUCH PRODCUTS AND SERVICES WITH JUNE SOFTWARE. Your use of any such products and services is governed by the terms of your agreement with the provider of those products and services.
5. Software Updates
From time to time, June may update the software associated with a Service for many reasons, including but not limited to, (a) to maintain PCI compliance; (b) to fix bugs or problems in previous versions; and/or (c) to enhance functionality or features. June makes no warranty that such updates will not affect your use of the Services or introduce new but unknown bugs into the software. Further, June shall not be responsible for the effect an update has on any code not provided by June and any modifications to such code to restore functionality shall be Customer's sole responsibility and cost.
Where support is provided by June, June will provide technical support for the most recent update or version of the Software associated with a Service. From time to time, June may provide support for an older version(s), however June reserves the right to suspend or terminate such support at anytime, with or without notice.
6. Use of Customer's Name and Trademarks
Customer hereby grants June a non-exclusive right and license to use Customer's name and such of Customer's trade names, trademarks, and service marks (collectively, "Customer's Marks") as are listed on Customer's Content or otherwise provided to June in connection with this Agreement (a) on June's own Web Sites, (b) in printed and online advertising, publicity, directories, newsletters, and updates describing June's Services, and, (c) in applications reasonably necessary and ancillary to the foregoing. Customer may use June's trade name, trademarks, and service marks (collectively, "June's Marks") in advertising and publicity in conjunction with the offering of Customer's Content via June, provided that Customer shall submit copy to June for its prior written approval, and provided further that under no circumstances shall such use imply that June endorses, sponsors, certifies, approves or is responsible for Customer's Content. Notwithstanding the foregoing, Customer need not obtain June's prior written approval where use of June's Marks is limited to inclusion in a list of systems via which Customer's Content is available.
7. Use of Customer's User Content
Some of the features of this website or the Services found at this website may allow Customer to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice ("User Submissions"), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, "User Content"). By providing User Content to June via any method (e.g. site submission, email, survey responses, etc.), you represent and warrant to June that (i) you have all necessary rights to distribute User Content via this website or via the Services found at this website, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party.
The provisions in this Section apply specifically to June's use of User Content posted to June's corporate websites or submitted directly to June. The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
You acknowledge and agree that:
Your User Submissions are entirely voluntary.
Your User Submissions do not establish a confidential relationship or obligate June to treat your User Submissions as confidential or secret.
June has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
June may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
June shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions provided to June by any method, and shall be entitled to the unrestricted use and dissemination of any User Submissions provided for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
Customer may not sublicense or resell any of June's Services to any third parties without the prior written permission of June. By way of example and not limitation, Customer may not provide Web Hosting services through its June Services to any third party without June's prior written permission. Any attempts to do so would be considered a material breach and grounds for termination of this Agreement.
9. Fees and Payment
A. Fees. In consideration of the Services, Customer will pay to June all fees due according to the prices and terms listed on the website. All sales are final and June offers no partial or full refunds of any kind on any purchase unless otherwise expressly noted, even if your Services are suspended, terminated or transferred before the end of the Services. June expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal.
B. Payment. All payments are due upon signup. All recurring charges will be due on the monthly anniversary date of your initial signup. If a payment is returned or rejected by June's bank, or incurs additional costs for June (e.g., bank fees) for any reason, then Customer may be charged a service fee of $40 and be required reimburse all such fees and costs incurred by June, and Customer shall be immediately deemed to be in default of this Agreement. Accounts and all amounts in default are subject to a late payment charge of 1.5% per month, or the maximum amount permitted by law, whichever is greater, until fully paid. If Customer defaults, Customer agrees to pay June its reasonable expenses, including attorney, in house legal expenses and collection agency fees, incurred in enforcing its rights.