Welcome Commerce, Inc.
Privacy Policy and Terms and Conditions
Effective date: January 4, 2013

The following privacy policy and terms and conditions, as well as any future modifications (collectively the “Terms”) are a contract between you or your company (“you” or “your”) and Welcome Commerce, Inc., a Delaware corporation (“Welcome,” “we,” “us,” or “our”) in addition to any other agreement you may have with Welcome. By using Welcome’s websites, including, but not limited to www.welcomecommerce.com, software applications, application programming interfaces, Welcome Webhooks, communication services, and networks (collectively, the “Services”), you acknowledge that you have read, understood, accept and agree to be bound by the most recent version of these Terms.

Welcome reserves the right to update and change the Terms from time to time without notice, effective immediately, by providing updated Terms on the Welcome website. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms. Your continued use of the Services after any such changes shall constitute consent to such changes. You agree to review the Terms periodically to be aware of any such revisions.

PLEASE READ THIS PRIVACY POLICY AND THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SERVICE OR WEB SITE. BY USING THIS SERVICE, VISITING THIS WEB SITE, OR DOWNLOADING THIS APPLICATION YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SERVICES.

Privacy Policy

We take your privacy seriously. The following policy covers Welcome’s treatment of information collected through the use of Services, third-party partners (“Partners”), or other reasonable means that may happen through normal interaction with us. The policy does not apply to entities that Welcome does not own or control, or persons that Welcome does not employ or manage. Nevertheless, Welcome will take all reasonable means to maintain your privacy as described below when working with third parties.

If you are visiting our site and using our Services from outside the United States, please be advised that because we operate internationally, and certain of our computer systems are currently based in the United States, your personal data will be processed by us in the U.S. where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union.

Subject to these Terms, you consent, through your use of the Services or by communication with us, to the collection, use, disclosure, storage, processing, and transfer to the United States and/or other countries of the following information (collectively your “Private Information”) by us or by third-party vendors contracted by us:

  • Your account Registration Data;
  • Your credit card and/or other billing information;
  • Personal information such as your name, email address, and phone number;
  • Business information like your company name, company size, and business type;
  • Your customers’ information that you provide us or through your customers’ interaction with the Services;
  • Any other information you provide us, such as your coworker’s email address;
  • Account information from Add-ons and other third-party services you use in conjunction with our Services;
  • Data about your use of the Services, such as but not limited to interactions with the user interface to the Services, computers you connect to the Services with, the frequency and size of data transfers, and information you use to describe yourself;
  • Data required for operation of the Services such as but not limited to information you submit to, publish with, or transfer through to the Services.

Like most web sites, we use server log files. These files contain information such as Internet Protocol (IP) addresses, browser types, Internet Service Provider (ISP), referring/exit pages, platform types, date/time stamps, the number of clicks to analyze trends, administer the site, track the user's movement in the aggregate, and gather broad demographic information for aggregate use, such as Individual IP addresses, device type, carrier, subscriber I.D. and, if you access the Services via certain mobile devices, the international mobile equipment identity number ("IMEI"). Such information is not linked to any Private Information.

We use your Private Information to provide the Services to you; send you notification of updates to the Services; send you marketing communications such as email (unless you choose to stop our email newsletter or marketing emails by following the unsubscribe instructions included in these emails); and if you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

You consent to the use of cookies, web beacons, and log file information to: (i) operate the Services, (ii) store information so that you will not have to re-enter it during your visit or the next time you use the Services; (iii) provide custom, personalized content and information; (iv) monitor the effectiveness of our marketing campaigns; (v) monitor aggregate metrics such as total number of visitors and pages viewed; and (vi) track your entries, submissions, and status in promotions, sweepstakes, and contests. If you are logged in to your account, we may associate the Private Information with your account.

We also use collected data to compute aggregate metrics such as pages viewed and total number of visitors in order to statistically determine trends and patterns about usage and demographics for the purpose of improving the Services. When aggregating your Private Information, we will take reasonable measures to anonymize your Private Information.

In order to provide some Services free of charge, we may display advertisements on our website. By knowing a little about users, Welcome is able to deliver more relevant advertisements and content, and hence better service, to our users. Therefore, we may use Private Information to provide the content you have requested (e.g., fulfill your orders for our products), to contact you about programs, products, features or services in which we believe you may be interested (such as future promotional materials), to customize the advertising and content that you see, or for other purposes disclosed from time to time. We also may use your Private Information to contact you regarding your use of our services or Web Site or changes to our Privacy Policy, Terms, or other policies or terms that affect you and your use of our Service or Web Site, or to conduct research by sending you a survey. In addition, we may use information collected about our users to improve the content and navigation of our Service or Web Site, or for other internal purposes.

We will not disclose your Private Information to third parties without your consent unless they are bound to a confidentiality agreement that complies with this Privacy Policy. We do not sell your Private Information to third parties.

We may also disclose your Private Information

  • as required by law such as to comply with a subpoena, or similar legal process;
  • when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
  • if we are involved in a bankruptcy, merger, acquisition, sale of all or a portion of its assets, or joint venture you will be notified via email and/or a prominent notice within the application of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information;
  • to any other third party with your prior consent to do so.

We may also retain your Private Information in backups for a reasonable period of time, ever after the termination of your account or your relationship with us governed by these Terms. We will not share Private Information in backups with third parties unless compelled to by law.

Right to Opt Out

Users can prevent future disclosures of their Private Information, at no charge, by exercising their "opt out" rights using the "opt out" procedures described below:

  1. You can send email to: Send Email or
  2. You can send mail to the following postal address:
    Welcome Commerce, Inc.
    Attn: Daniel Herman
    98 San Jacinto Blvd, 4th Floor,
    Austin, TX 78701

Welcome's "opt out" policy is intended fully to comply with Section 1798.83 (c)(2) of the California Civil Code. California residents should see below for an explanation of their California Privacy Rights.

YOUR CALIFORNIA PRIVACY RIGHTS (As provided by California Civil Code Section 1798.83)

A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (each a “California customer”) is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. A business that has disclosed personal information for such purposes is required, upon receipt of a request by a California customer to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.

However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its Privacy Policy) a policy of not disclosing customer’s personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure or gives customers a mechanism to opt out of having their personal information disclosed to third parties for their direct marketing purposes. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost free means to exercise the right.

We have opted for this alternative approach. As stated in our Privacy Policy, we give customers a mechanism to opt out of having their personal information disclosed to third parties for their direct marketing purposes. Therefore, we are not required to maintain or disclose a list of third parties that received your personal information for marketing purposes.

If you wish to opt-out of sharing your Personal Information with non-affiliated entities for their direct marketing purposes, please follow the opt-out procedures set forth in Section 6 of Kargo's Privacy Policy.

California customers may request further information about our approach to this law by writing us at the mailing address provided above and requesting further information.

Please be aware that other websites that may be accessed through our site may collect personally identifiable information about you. The information practices of those websites linked to Welcome are governed by the privacy policies of those websites and are not covered by this privacy statement, and Welcome is not responsible for any information that you provide when you access those websites

As noted above, we may use the personally identifiable information we collect from you online to provide you with opportunities to present advertising and to offer you products and services that may be of interest to you. If you would like to opt out of future promotional materials from us, you may indicate this preference by following the unsubscribe instructions at the end of such e-mail communications, and Welcome will remove your Private Information from its contact list as soon as practicable. Additionally, you can send email to Send Email. Please note that email must be sent from the email address of record on the account.

Apple Device and Application Terms

If you are accessing the Services via an application on a device provided by Apple, Inc. (“Apple”) or an application obtained through the Apple App Store (each an “Application”), the following shall apply:

  1. Both you and Welcome acknowledge that these Terms are concluded between you and Welcome only, and not with Apple, and that Apple is not responsible for the Application or the Content;
  2. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Service as they are applicable to the Services;
  3. You will only use the Application in connection with an Apple device that you own or control;
  4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
  5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
  6. You acknowledge and agree that Welcome, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
  7. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Welcome, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  9. Both you and Welcome acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
  10. Both you and Welcome acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

Welcome’s Intellectual Property Rights

The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Terms, Welcome, its suppliers and licensors own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

Welcome always appreciates your feedback or other suggestions about Welcome, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them). You grant us a non-exclusive, worldwide, royalty-free, sublicensable, transferable, irrevocable, perpetual license to use, modify, adapt, publish, perform, or derive new works from your feedback as we choose.

You may not duplicate, copy, reuse, or reverse engineer any portion of the Services, including, but not limited to, the HTML, CSS, Javascript, visual design elements, features, functions, or graphics without express written permission from us.

All trademarks, service marks, logos, trade names and any other proprietary designations of Welcome used herein are trademarks or registered trademarks of Welcome. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Grant of Limited License

Some Services may require creation of an account through a registration or signup process. Further, some Services may require payment of fees in order to activate your account. Your right to use and access these Services is further limited by your accurate and successful creation of an account and providing proper payment as may be required.

If You violate the Terms, we reserve the right in our sole discretion to terminate your limited license without notice.

Fees

Welcome reserves the right to charge fees for your use of the Services, as described during the account registration process or when making changes to your account plan. Welcome is not obligated to provide refunds or credits for partial months or years of the Services, upgrades or downgrades, or unused time during your subscription.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. [, excluding only United States (federal or state) taxes.] You agree to pay for any such taxes that might be applicable to your use of the Services and payments made by you herein.

PLEASE NOTE THAT DOWNGRADING YOUR ACCOUNT MAY RESULT IN THE LOSS OF CONTENT, FEATURES, OR CAPACITY OF YOUR ACCOUNT. Welcome DOES NOT ACCEPT ANY LIABILITY FOR ANY SUCH LOSSES.

Modifications to the Services

We reserve the right, in our sole discretion, to change published prices without notice. Furthermore, we reserve the right to change the prices for the Services tied to your account, provided that Welcome notifies you at the email address associated with your account within thirty (30) days in advance of any such change.

Welcome reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Welcome shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

Account Restrictions

We have the right, but not the obligation, to terminate your account immediately if you violate these Terms, including but not limited to the following agreements:

  1. You must be legally able to enter into these Terms in your jurisdiction, such as being older than the minimum age of consent to enter into contracts. In any case, you must be older than 13 years of age to use the Services.
  2. You must be a natural person or a natural person representing a company, association or other organization. Accounts registered by “bots” or other automated methods are not permitted.
  3. You must provide a valid email address and truthfully provide any other information requested in order to complete the signup process (“Registration Data”).
  4. You must not impersonate nor misrepresent your identity or affiliations with other persons or entities.
  5. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You must not intentionally and maliciously disrupt the reasonable enjoyment of others using the Service.
  7. If your use of the Services causes undue stress on the Services and the systems running the Services, we reserve the right to limit or disable your access to the Services without notice.
  8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any customer, employee, member, or officer of Welcome will result in immediate account termination.
  9. You may not forge or manipulate headers, data, or network protocols to disguise the origin of Content or otherwise disrupt the intended use of the Services.

Content Restrictions

You are responsible for all materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages (collectively “Content”) posted or sent through the Services and for all activity that occurs under your account, whether done so publicly or privately.

We have the right, but not the obligation, to remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, which violates the Terms. We also have the right, but not the obligation, to limit or revoke the use privileges of anyone who posts such content or engages in unacceptable behavior on or through the Services.
Examples of unacceptable content or behavior on the Services include, but are not limited to:

  • abuse, harassment, threats, flaming or intimidation of any person or organization
  • engaging in or contributing to any illegal activity or activity that violates others’ rights
  • use of derogatory, discriminatory or excessively graphic language
  • providing information that is false, misleading or inaccurate
  • hacking or modifying the Services to falsely imply an association with Welcome
  • engaging in or contributing to any activity that maliciously degrades the Services
  • implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization
  • disclosing personal login information, including, but not limited to passwords without the express permission of the individual or organization who provided it to you
  • transmitting worms, viruses or harmful software
  • disclosing personal or proprietary information of another user, person or organization
  • altering the Service’s user interface in a way that removes access to any part of the Service’s functionality and/or inhibits access to or the display of advertisements
  • collecting our users’ or our content or information, or otherwise accessing the Services using automated means (such as harvesting bots, robots, spiders or scrapers) without our permission
  • soliciting log in information or accessing the account of another user of the Services
  • promoting, condoning, endorsing, distributing, publishing, or posting any material that solicits money, funds or people on websites or other properties that belong to Welcome
  • aiding in the use of the Services for purposes of advertisement or solicitation for commercial goods or services on websites or other properties that belong to Welcome
  • harassing, annoying, intimidating or threatening users of the Services or employees or agents of Welcome
  • removing or altering, visually or not, any copyrights, trademarks, or proprietary marks and rights owned by us
  • forging, manipulating or plagiarizing messages, communications, headers or identifiers to imply an association with us or the Services
  • posting, publishing, displaying or transmitting in any way proprietary information, copyrighted material and trademarks not belonging to you, without the prior written consent of the owner of such rights
  • Constitutes or consists of unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or violates any applicable federal, state or international law designed to curb unsolicited communications and related abuses, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code, and Section 17538.45 of the California Business and Professions Code.
  • posting content that advocates, endorses, condones or promotes harassment of others, or content that actively or indirectly harasses others
  • posting content that is offensive and harmful, including but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or any group of individuals
  • posting content that provides materials or access to materials that exploits people under the age of 18 in an abusive, violent or sexual manner
  • posting content that solicits personal information or any information from anyone under the age of 18
  • posting content that uses, promotes or links to an illegal or unauthorized copy of another person’s copyrighted work or intellectual property
  • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Provides material support or resources (or attempts to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

Unfortunately, we cannot control all content posted by third parties to the Services, nor do we have an obligation to monitor the Services, and as a result, we do not guarantee the accuracy, integrity or quality of such content. You agree to use the Services at your own risk. You understand that by using the Services you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Welcome be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. You understand that you must evaluate and bear all risks associated with the use of any content, including any reliance on the content, integrity, and accuracy of such content. If you would like to report objectionable materials, you may contact us at [email protected]

Digital Millennium Copyright Act Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through our Services, please notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:

  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work that you claim is being infringed;
  • Identification of the material that is claimed to be infringing and where it is located;
  • Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Our designated copyright agent to receive notifications of claimed infringement can be reached as follows:

Welcome Copyright OR 98 San Jacinto Blvd, 4th Floor, Austin, TX 78701

Third-party services

As part of your enjoyment of the Services, subject to these Terms, you may grant a third party access to your account to provide additional products, services or labor provided you agree to be responsible for the actions of the third party and to bind the third party to these Terms as your agent.

From time to time, separate applications or services that integrate or interoperate with the Welcome Services (collectively, “Add-ons”) may become available, either directly from Welcome or independently. If you choose to install, access or enable an Add-on, you agree that the third-party Add-on provider may acquire access to your account data and information as required for the interoperation or integration of such Add-on and you grant Welcome permission to give such Add-on access to your account data and information. Accordingly, such applications are governed by their own terms and conditions and are not considered Services under these Terms.

Termination of Account

You are solely responsible for properly cancelling your account. An email, phone, chat, or written request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the “account settings” link on the homepage when logged in. The account settings provides a link to cancel your account.

If you cancel the Services before the end of your current paid up period, your cancellation will take effect immediately and you will not be charged again.

In addition to the above, Welcome, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services for any reason at any time. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Welcome reserves the right to refuse service to anyone for any reason at any time.

WARRANTY DISCLAIMERS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

EXCEPT AS EXPRESSLY WARRANTED IN THE TERMS, ALL SERVICES ARE PROVIDED “AS IS” AND Welcome HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

EXCEPT AS OTHERWISE EXPRESSLY STATED IN THE TERMS, IN NO EVENT SHALL Welcome OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Welcome MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (IV) THAT THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Welcome OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Welcome AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Welcome HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold harmless Welcome, its officers, directors, employees, agents and third parties, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your connection to or use of the Services, including but not limited to any breach by you of these Terms and any claims arising from the content you submit, post, transmit or make available through the Services.

Non-solicitation

You may not use the Services to solicit, interfere with, or endeavour to entice away from Welcome any Welcome customer, user, or subscriber. You agree to pay Welcome a fee of $10,000 per user enticed away with no limit to the maximum liability you owe to Welcome under this paragraph. The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Services or by written permission of Welcome or by acting as an agent contracted by a third party to act on its behalf.

Without explicit permission from Welcome, you may not

  • use Welcome’s trademarks or service marks
  • alter, modify, obscure, or remove Welcome’s trademarks from the Services
  • alter, modify, obscure the Services
  • either explicitly, implicitly, or through acts of omission, represent yourself as acting on behalf of Welcome
  • either explicitly, implicitly, or through acts of omission, represent yourself as a partner, affiliate, reseller, employee, contractor, vendor, advisor, or counsel of Welcome

If you are interested in becoming a Welcome partner, reseller, or affiliate, we are happy to talk with you. If you have something in mind, please email Send Email.

Miscellaneous Provisions

(a) Notices and Announcements. Except as expressly provided otherwise herein, all notices to Welcome shall be in writing and delivered via overnight courier or certified mail, return receipt requested to:
98 San Jacinto Blvd, 4th Floor, Austin, TX 78701

Welcome shall post notices related to these Terms on its Website or by sending them to the postal address or e-mail address you have given us or as a text message to your mobile telephone number associated with your account. Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on the Website or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.

(a) Severability. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible, consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.

(b) Entire Agreement. You agree that this Agreement constitutes the entire agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

(c) Assignment and Resale. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. You agree not to resell the Service or any portion thereof.

(d) Governing Law. This Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the State of New York, United States of America, excluding its conflict of laws rules. You and we each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the state course located in New York County, New York or the United States District Court for the Southern District of New York for any disputes between us under or arising out of this Agreement. The parties hereby waive any right to jury trial with respect to any action brought in connection with this Agreement. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

(e) Export Control. Content, Software and other materials from the Services may also be subject to United States export control. The United States export control laws prohibit the export of certain technical data and software to certain territories. No content or software from this Service may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the Unites States has embargoed goods; or (2) anyone on the Unites States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The Company does not authorize the downloading or exportation of any content, software or technical data from this Site to any jurisdiction prohibited by the United States export laws or regulations.

(f) Waiver. No waiver of any provision of these Terms shall be effective unless it is in writing and signed by an authorized representative of Welcome. The remedies of Welcome under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.

(g) Headings. The section headings appearing in these Terms are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

Copyright 2017 Welcome Commerce, Inc. All rights reserved