Website Terms of Use

Introduction

This website and its associated services and content (collectively the "Website") is owned and operated by Commerce.com US, Inc. and its affiliates and subsidiaries, including, but not limited to Feedonomics Holdings, LLC, successors, or parent companies (“Commerce” or “us”). This Terms of Service Agreement ("Agreement") outlines your rights and responsibilities when using the Website.



By accessing or using the Website, you agree to be bound by these terms, which govern your use of any websites and associated services that link to this Agreement. If you do not agree with any part of the terms, you must cease using the Website immediately.



Please note that Commerce offers a variety of services, some of which may be governed by separate agreements. When you use specific Commerce products or services, these additional terms may be provided to you manually or digitally and become part of your agreement with us when you use those specific services or log onto the Website.



PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU CONFIRM YOUR AGREEMENT TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. COMMERCE RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT AT ANY TIME. CHANGES WILL BECOME EFFECTIVE IMMEDIATELY UPON POSTING, AND YOUR CONTINUED USE OF THE WEBSITE THEREAFTER SIGNIFIES YOUR AGREEMENT TO THE MODIFIED TERMS.



User Accounts

To access certain features of the Website, you must create an account. During the account creation process, you agree to provide accurate and current information. You have an ongoing obligation to update this information as necessary. The following rules apply to your use of an account:

• Do not impersonate others or provide information that is offensive or violates the rights of third parties.
• Maintain the security of your account credentials and do not disclose them to others.
• Immediately notify your respective system administrator or Commerce if you suspect any unauthorized use of your account.
• You accept full responsibility for any and all activities conducted through your account whether authorized or unauthorized.
• You agree to indemnify, release, and hold Commerce harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of the use of your account.
• Commerce reserves the right to monitor, suspend, disable, or delete your account at its sole discretion and without prior warning.



When contacting Commerce or using the Website, you are communicating with Commerce electronically, and you hereby agree to receive electronic notifications related to your use of the Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by uploading content, creating an account or otherwise providing your email address, postal address or phone number, you are agreeing that Commerce or its agents may contact you at that address or number in a manner consistent with Commerce's Privacy Policy.



Modifications to the Agreement

Commerce may modify this Agreement or the Website at any time without prior notice. Your continued use of the Website after any such changes constitutes your acceptance of the new terms.



User Generated Content

You may submit content to the Website, including, but not limited to text, photos, and videos (collectively, "User Generated Content"). By submitting such content, you grant Commerce a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use your User Generated Content for the operation and promotion of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content.



You warrant that any User Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.



You agree that you are solely responsible for any User Generated Content that you submit to the Website. Commerce acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content. Commerce does not guarantee the confidentiality of any User Generated Content you share through the Website with any third party.



Commerce reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines violates the terms of this Agreement. Commerce also reserves the right to terminate a User’s access to the Website for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms of this Agreement, or for no reason, and without prior notice.



User Conduct

You are expected to use the Website in a lawful manner and not to disrupt the usage of others. Specific prohibitions include, but are not limited to:

• Posting or transmitting content that:
  • Infringes upon the intellectual property rights of others;
  • Threatens or encourages bodily harm and/or destruction of property or that is offensive, defamatory, derogatory, pornographic or obscene;
  • Promotes hate, violence, harassment, stalking, discrimination, terrorism, or intolerance of any kind based upon race, ethnicity, religion, sexual orientation, or disability;
  • Incites any illegal activity or unlawful sexual solicitation;
  • Impersonates another or is fraudulent, inaccurate, or misleading;
  • Constitutes an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
  • Violates any term or condition of this Agreement;
• Using a robot, spider, scraper, or other automated technology to access the Website;
• Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
• Attempting to gain access to the private data or personal information of a Website user or third party;
• Circumventing Commerce’s technological and physical security measures;



For a complete list of acceptable and prohibited uses of the Website, please refer to the Acceptable Use Policy.



Intellectual Property

You acknowledge and agree that Commerce is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein.



If you believe any content on the Website infringes your intellectual property, you may submit a request to remove said content from the Website by filling out the form on this page. All requests are subject to the Infringing Materials Protocol, hereby incorporated into this Agreement.



Warranties and Disclaimers

COMMERCE PROVIDES THE WEBSITE, PRODUCTS, AND SERVICES PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY, TO THE EXTENT PERMITTED BY LAW.



Liability Limitations

COMMERCE WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR OR ANY THIRD PARTY’S USE OR MISUSE OF THE WEBSITE OR SERVICES AVAILABLE THEREON, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, LOST DATA, COMPUTER FAILURE, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, EVEN IF COMMERCE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.



Miscellaneous

This Agreement will be interpreted, governed, construed, and enforced in accordance with the laws of the United States of America and the State of Texas without giving effect to any conflicts of laws principles. YOU HEREBY CONSENT TO, AND WAIVE ALL DEFENSES OF LACK OF PERSONAL JURISDICTION AND FORUM NON CONVENIENS WITH RESPECT TO, THE JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS LOCATED IN TRAVIS COUNTY, TEXAS (USA).



You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.



You understand that the Website may contain links to third party websites, applications, or services (the “Third-Party Services”) that Commerce does not own or control. You agree that Commerce will not be held responsible or liable for the content of the Third-Party Services and that Commerce’s inclusion of said Third-Party Services within the Website does not constitute Commerce’s endorsement of, recommendation of, or affiliation with thereof.