By signing up with Professional Cart Solutions, you agree to the following Terms of Service.

This Agreement provides the terms and conditions governing the use of 1ShoppingCart.com Corp.'s services. You agree to use your Professional Cart Solutions™ account in a manner that is consistent with all applicable laws and regulations and in accordance with the terms and conditions discussed herein.

This Agreement is between 1ShoppingCart.com Corp. (hereafter referred to as “the service provider”) and all its’ subscribers (hereafter referred to as “the client”). Unless the context requires otherwise, the service provider, and/or its’ assigns shall be referred to as "us”, “we”, or “our" and the client shall be referred to as "you”, “your” or “subscriber."

I understand that the service provider, and/or its’ assigns do not guarantee, imply, or predict any type of profit or response from said services. The client irrevocably covenants, promises and agrees to indemnify the service provider and/or its’ assigns and to hold the service provider and/or its’ assigns harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which the service provider and/or its’ assigns may sustain or to which the service provider and/or its’ assigns may become subject arising out of or relating in any way to the use of the services provided under this Agreement, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.

The service provider will not rent, sell, access or in anyway use the client’s customer database information. This information will be kept strictly confidential in the highest manner possible.

Due to the nature of the technologies and Internet stability, the service provider and/or its’ assigns provide, service interruptions may occur. No full, partial, or prorate refunds will be made as adjustment for any such service interruption. The client hereby acknowledges that changes in the nature of the services which may be offered under this Agreement which are beyond the control of the service provider and/or its’ assigns do not constitute grounds for full or partial refund of any advance fees paid.

SERVICES

Services to be Provided

The service provider agrees to provide the client, directly, or through our subcontractors and affiliates, with e-commerce services.

Service Fees:

By using Professional Cart Solutions services, you agree to accept the fees you may incur as a result of using the service provider’s software, including but not limited to, fees for supplemental services or features and purchases made through the use of the service provider. Subject to any applicable law, fees and charges for Professional Cart Solutions services are non-refundable unless the pricing terms for the applicable service expressly states otherwise.

This Agreement and the client’s use of Professional Cart Solutions’s services shall become effective on the date the order is submitted by the client to the service provider (“Effective Date”).  The Period of Performance of this Agreement shall commence on the Effective Date and shall automatically renew for additional like periods (“Renewal Periods”) under the same terms and conditions as herein agreed, which may be amended from time to time, unless and until either party provides the other party with notice of termination (refer to account Cancellation instructions below) at least seven (7) days prior to any Renewal Period.

The service provider will continue to renew automatically unless terminated by Professional Cart Solutions or until the client notifies Professional Cart Solutions of your intent to change your service renewal. For account cancellation instructions refer to the CANCELLATION POLICY found in these Terms of Service.

The client must provide a valid method of payment (credit card or other pre-arranged payment method) prior to and during any time the client receives Professional Cart Solutions Services.  The Renewal Fees will be due three (3) full days prior to the recurring effective date of the Renewal Period, and will be automatically debited from the client’s credit card prior to that date.  Service fees for each Renewal Period will be invoiced thirty (30) days prior to the commencement of the Renewal Period.  The client acknowledges and agrees that the service provider will not require any additional authorization for any recurring payments or automatic billing options.

Accounts are considered in default if the payment is not received with three (3) days after the effective date of the Renewal Period.  The service provider may suspend or terminate use of the Professional Cart Solutions services if the client fails to provide a valid designated payment method upon request, or if Professional Cart Solutions is unable, for any reason, to bill charges to the client’s designated payment method.  If the payment is more than five (5) days past due, the client will be liable for any fees Professional Cart Solutions incurs in its efforts to collect any unpaid balances.

Any billing problems or discrepancies must be brought to Professional Cart Solutions's attention within thirty (30) days from the date the client is billed.  If you do not bring them to Professional Cart Solutions's attention within thirty (30) days, you agree that you waive your right to dispute such problems or discrepancies with Professional Cart Solutions.  If you have any billing-related questions or want to stop a recurring payment from being charged to your designated payment method call our toll free sales/billing support number (1-888-255-6230).

ACCEPTABLE USE POLICY

The client is solely responsible for the content of transmissions through the service. The service provider does however, reserve the right to take any action with respect to the service that it deems necessary, or appropriate, in Professional Cart Solutions's sole discretion if it is deemed that the client’s transmissions or use of the Service may create liability for Professional Cart Solutions.

The client’s use of the service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, trafficking of obscene material, anti-discrimination or false advertising). The client agrees: (1) to comply with all United States laws, rules and other regulations applicable in connection with the service; (2) not to use the service for illegal purposes; (3) not to use the service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (4) that illegal adult oriented websites featuring nudity and acts of a sexual nature are expressly prohibited; and (5) not to transmit through the service, through feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.

TERMINATION

1. If any check drafts authorized under this Agreement, are returned unpaid;
2. If you violate the Terms Of Service Policy;
3. If you breach any term of this Agreement;
4. If you are involved in the sales and/or distribution of the following materials:
   a) Cable filters;
   b) Ponzi or Pyramid Schemes;
   c) Sale and/or distribution of any illegal materials; or
5. For any reason, at our sole discretion.

NO WARRANTIES

WE MAKE NO WARRANTIES TO THE CLIENT OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE Professional Cart Solutions Corp , ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by the client, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for lost profits or for loss of data or information. If notwithstanding this clause we are held liable to you.

While we take all reasonable precautions to ensure your database is secure and protected the client understands and agrees that the service provider is under no obligation to export, extract, retrieve or "massage" the client’s database except through our EXPORT function.

TERMS

The client agrees: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept notifications of service changes, commercial email and similar offers presented through the Professional Cart Solutions Corp system or via email.

If the service provider learns of a violation or likely violation of its’ TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.

Professional Cart Solutions constitutes that our Anti-Spam Policy is an inherent part of our Terms of Service.  As such, by submitting to the terms outlined in our Terms of Service, you are also bound to the policies contained in our Anti-Spam Policy.

We strictly prohibit any involvement in unsolicited commercial email (UCE) campaigns, commonly known as SPAM.  We maintain a Zero-Tolerance policy against SPAM, be it direct, third party or any affiliate or similar agent acting on the account holder’s behalf.  All lists used in conjunction with the services provided by the service provider, are required to be 100% opt-in lists (refer to Professional Cart Solutions Anti-Spam Policy for additional terms regarding opt-in list requirements).

Any merchant reported to be or caught violating these terms of service will be immediately terminated as per Professional Cart Solutions’s Anti-Spam Policy.

ASSIGNMENT

This Agreement is personal to you. You may not assign your rights under this Agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this Agreement. We may assign this Agreement at any time.

CHANGE OF TERMS AND CONDITIONS

We reserve the right to change the terms and conditions of this Agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. This includes, but is not limited to, the right to change our subscription rates at any time. If you do not agree to the new terms and conditions, you may terminate this Agreement in accordance with our cancellation policy. For changes in subscription rates, we will always give thirty (30) days notice prior to changing subscription rates.

NOTIFICATION OF ACCOUNT CHANGES

You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number or billing information changes.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.

GENERAL PROVISIONS

The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this Agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this Agreement shall remain in force. This Agreement constitutes the entire Agreement between the service provider pertaining to its subject matter and supersedes all of our prior Agreements, representations, and understandings. Subject to Section I, no supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This Agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this Agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation.

USE OF AFFILIATE MODULE

All merchants using this feature must adhere to local legislation regarding such programs. Further, any merchant offering such a program to their clients must act in a responsible and ethical manner, including but not limited to payment of affiliates, assignment of commissions, and abiding the terms laid out in their affiliate Terms of Service. Professional Cart Solutions reserves the right to terminate the account of any violating client or affiliate using our system, without notice or compensation.

AFFILIATE AGREEMENT

This Reseller Agreement (the "Agreement") contains the complete terms and conditions which govern your participation in the Professional Cart Solutions affiliate program.

Pay-Out Schedule

Minimum check amount is $50.00 (USD).Commissions are paid for all service plans. Commissions are paid on accounts that have paid for their service. Commissions will accrue immediately, but will be paid the month following account sign-up. All payments are sent between the 10th and 15th of the month for the previous month’s sales and recurring customer payments.

Professional Cart Solutions reserves the right to change this information, affiliate terms and payment policies at any time. Referral tracking is held for six (6) months, if a customer clicks on your referral link and signs up within six (6) months, you receive referral credit for sale.

Affiliates are paid on the 10th of the month for all sales for the previous month. All commissions are subject to customer payment.

We require a minimum of $50.00 (USD) in commissions to your account before we will distribute a check. All commissions are accrued until this minimum commission level is achieved.

You will receive credit every time your referred customer purchases from www.Professional Cart Solutions. We use cookies to insure if they return to www.1Shoppingcart.com, you will still make commissions from that referral for six (6) months after initial referral. Recurring commissions will be paid as long as the customer's account remains in current paid status.

In order for you to get PAID on a sale, the referral MUST click off your Affiliate link or banner. The code MUST be the exact code generated by Professional Cart Solutions. That is the ONLY way we can track your commission.

If a referral does not have your referral ID listed in their account you must notify us before the next commission pay out date. Commission and or referrals can not be claimed and will not be paid beyond the next pay out date.

Method of Payment

Payment will be made by US Check or PayPal.

Enrollment In The Program

To enroll as a participant in the affiliate program, simply click the referral program link within your account. There you will find your tracking link. You must not use or display on the affiliate link any hypertext links provided to you by Professional Cart Solutions in a manner that is defamatory, misleading, libelous, obscene or otherwise potentially damaging to the reputation of Professional Cart Solutions.

You must not use the link in any of these ways;

1. Violate any state, federal or foreign laws or regulations.
2. NO SPAM EMAIL SOLICITATION ALLOWED
3. Accounts will be suspended if SPAM occurs!
4. Infringe on any intellectual property rights.
5. Are defamatory, slanderous or trade libelous.
6. Are threatening or harassing.
7. Are discriminatory based on gender, race, age or promote hate.

The client further understands that should he/she choose to take advantage of Professional Cart Solutions's referral program, he/she is not entitled to refer the client or his/her own company and receive commission on these transactions specifically, where the client has not paid for the first account. The client agrees to receive commission on self-referrals where he/she has paid for the first account.

REFUND POLICY

Any client subscribing to our service on an annual package will have their credit cards charged the full amount of the service upon sign up.

1. Should cancellation be requested within 30 days of the billing date, your credit card will be refunded 100% of the annual fee charged for the subscription package.
2. For cancellation 31 - 90 days after the initial subscription, your credit card will be refunded 50% of the total subscription fee charged for the package.
3. If you cancel 91 - 180 days after the billing date, your refund will be 25% of the annual subscription fee charged for the package you are subscribed to.
4. Should you decide to cancel any time 180 days into the subscription, or any time thereafter, you will not be entitled to a refund.

Refunds for Monthly Subscribers:

Any client subscribing to our services on a monthly basis will have their credit cards charged the full monthly charge for the service in advance.

Please Note: Clients who are subscribed to monthly packages, who have surpassed the 30-day trial period, will not be entitled to a refund.

Refunds For Affiliate Partners

If an Affiliate referred customer cancels the service or requests a refund and commission payment has already been provided to the Affiliate, Professional Cart Solutions will deduct any monies (commission) paid to the Affiliate from any outstanding or future earned commission.

Note: No refunds will be issued for service downgrades.  Customers requesting service downgrades will be provided with a credit adjustment applied against their existing service package.

30-DAY TRIAL SUBSCRIPTIONS

You may cancel your trial subscription anytime within the first 30 days. Your credit card will be refunded 100% of the trial fee.

I understand that my free trial and free shopping cart only entitles me to a license of 50 users in my client database. I understand that once I have reached this limit, I will not be able to take any further orders until I have paid for the upgrade for more licenses.

I also understand that upon expiration of my free trial, my shopping cart will no longer function until I pay for the service.

CANCELLATION POLICY

We do not take account closure request by telephone or email.  The account must be closed by using the close account function within your account.
To cancel an account,

1. Login to your account;
2. Select (click) Your Account from the left hand menu;
3. Select (click) Close Account;
4. Provide Professional Cart Solutions with feedback regarding your account closure (optional);
5. Select (click) Close My Account button.

Questions concerning these terms, please contact us.