Terms of Service

GrazeCart LLC (“GrazeCart”, “we”, “us” or “our”) agrees to furnish services to the Subscriber (the “Subscriber”, “you” or “your”), subject to the following Terms of Service. Use of GrazeCart’s service constitutes acceptance and agreement to GrazeCart’s Terms of Service.

GrazeCart reserves the right to modify the Terms of Service without notice.

Use of Services

You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United States or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify GrazeCart of any unauthorized use of your account or any other breach of security. GrazeCart will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.

Prohibited Usage

You may not use GrazeCart to facilitate any illegal or immoral activity. Any violation will result in immediate account suspension or cancellation without a refund and the possibility that GrazeCart will impose fees; and/or pursue civil action without providing advance notice.

Any attempt at hacking or misuse of our servers or networks, or attempts to circumvent our security measures will result in immediate cancelation of your account.

Acceptable Email Usage Policy, Order Deadline Reminders, and Marketing Emails.

You agree not to send spam to your customers using GrazeCart and its provided email marketing tools. You must agree to provide a privacy policy on your GrazeCart site that is easily accessible to your visitors. You must also provide a terms of agreement that states any one that creates a customer account might receive Order Deadline or other marketing emails by default but can choose to opt out at any time. You can not continue to send emails to customers that have opted out. Any violation of these policies could result in immediate suspension of your GrazeCart service.

Support Limitations

GrazeCart provides technical support to our subscribers via our e-mail support system. The following are our guidelines when providing support: * Your account must be active and in good standing. * We are not responsible for providing support on 3rd party services you integrate with GrazeCart. * We are not responsible for providing support to your customers. * We can only provide support in regards to our services, we can not help with technical issues regarding your personal computer or network setup.

Account Cancellation Or Suspension

GrazeCart reserves the right to suspend or cancel access to your account if we feel you are in violation of any of our terms of service or for any other reason which we choose. We will use reasonable care in notifying you beforehand and help resolve the problem before suspending or canceling your account. We do however reserve the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all of your accounts will be deactivated until an investigation is complete. We will try our best to notify you, but prior notification cannot be guaranteed. In extreme cases, law enforcement will be contacted regarding the activity. You will not be credited for any time your account is suspended.

If at any time it becomes necessary for us to cancel your service without cause, we will provide 10 days advance notice.

You may cancel your service at any time by using the "Cancel Subscription" link located near the bottom of the “Subscriptions” tab under “Account Settings”. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges.

Financial Records

GrazeCart is not responsible for preserving any records for official account records. Do not relay on GrazeCart’s backups and data reports for your accounting and tax purposes. You must agree to use another means, such as an official accounting software, to manage your financial records.

Backups

Your GrazeCart data is backed up once every hour. We can not guarantee that your data can never be lost or corrupted. We will make every effort we can to ensure your data is safe and preserved, but in the event that data is lost, GrazeCart is not responsible for any damages or loss of business as a result.

Limitation Of Liability

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, DATA THEFT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF GRAZECART HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT GRAZECART WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST GRAZECART ARISING OUT OF SUBSCRIBER'S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF GRAZECART’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.

Notices

You agree that GrazeCart may provide you with notices, including those regarding changes to the Terms of Service, by email regular mail, or phone call.

Entire Agreement

The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and GrazeCart and govern your use of GrazeCart services, superseding any prior agreements between you andGrazeCart for the use of GrazeCart services.

Statute Of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of GrazeCart services or the Terms of Service must be filed within one (1) month after such claim or cause of action arose or be forever barred.

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