Incorporated Terms – Store Terms

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



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 the Agreement and release Commerce 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 this Agreement. 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, Commerce 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 Commerce determines in its discretion is necessary in order to prevent or remedy any breach by you or Your Users of the this Agreement..
      2. Content Removal. Although Commerce has no obligation to monitor your Stores (as defined in the Store Terms) or Your Materials, Commerce 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, this Agreement or are otherwise objectionable or offensive in Commerce’s sole discretion.
   5. Cooperation with Law Enforcement. When legally required, or otherwise in Commerce’s discretion, Commerce 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 Commerce Account, Store, or website will generally be deemed the owner. Commerce 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, Commerce 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, Commerce 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 Commerce in its discretion, then Commerce 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 Commerce may, without any liability to you, transfer ownership of your Account and/or your Stores to the identified owner.
5. Design Themes.
   1. License. Commerce grants to you, for so long as you continue to subscribe and pay for the Services, a non-exclusive, revocable, worldwide license to modify, make derivative works of, and use, each licensed design theme solely in conjunction with your creation of Stores/websites on the Commerce platform using the Services. Design themes are the exclusive property of Commerce or our design licensors, and all right, title and interest in each design theme will remain exclusively with Commerce or the applicable design licensor. Design themes include any styles associated with the licensed design themes.
   2. Multiple Stores. This license only allows you to use each licensed Design theme for a single Store/website per license purchased. If you desire to use a design theme for more than one Store/website, a new design theme license must be purchased for each such Store using the design theme.
   3. Non-Exclusivity. Design themes are licensed on a non-exclusive basis and can be reproduced and redistributed an unlimited number of times by Commerce.
   4. Transfer. Design themes may only be used by you and may not be transferred by you to any unaffiliated third party without the prior written consent of Commerce in each instance. For clarity, you may not license, sublicense, assign, transfer, redistribute or sell any design themes or derivative works thereof to any third party.
   5. Support. If you license a design theme for your website, Commerce may provide your personal information to our design licensor to facilitate the provision and/or offer of support/services and/or products to you. Technical support for a design theme is the responsibility of the designer licensor, and Commerce does not accept any responsibility to provide such support. If you customize a Design theme via any tool other than Theme Editor or Style Editor, the design licensor may refuse to offer support for that design theme.
   6. Installation. It is your responsibility, and not Commerce’s, to ensure that the installation of a new design theme does not overwrite or damage your current or preexisting theme, or UI.
   7. Security Updates. Commerce will provide regular updates to the default components of designated supported themes developed by Commerce. You are responsible for updating the components (for example, javascript frameworks and or software libraries) of a design theme (“Theme Components”) when these updates are provided or following modifications to the default components provided by the theme developer upon your installation of the design theme. Commerce is not responsible for providing updates to themes developed by external developers. Commerce disclaims any liability arising from a failure to update Theme Components. For example, Commerce will not be liable for PCI non-compliance arising from a failure to update Theme Components.
   8. No Refund. Except as otherwise expressly provided at checkout when licensing a design theme, refunds will not be issued to you for Design themes once they are purchased.
6. Certain Services.
   1. Migration Services. Commerce offers migration services to customers purchasing select Service plans (as described on our Website) or for an additional fee. Commerce 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 Commerce 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.