Carthook terms of service

Last modified on August 23, 2023

CartHook is now a part of Pantastic Networks!

RetailerX, Inc. (d/b/a Pantastic Networks) (referred to hereinafter as, “Company,” or “We,” or “Us,” or “Our”), provides, among other software tools, the CartHook application which provides software tools that allow online merchants to promote and sell physical goods, digital products, and services to online shoppers (the “Services”). The Services are made available through Our websites located at www.carthook.com (“Site”), https://pantastic.partnerpage.io/ (“Partner Site”) and any related administrative or other websites through which you access, use or manage the Services. This Agreement applies to all visitors and users of Our Services, unless governed by another agreement between the Company and You.

Please read this document carefully because these Terms of Service (“Agreement” or “Terms”) and Our Privacy Policy, incorporated herein by reference, describe the legally binding agreement between You and/or Your Company (referred to hereinafter as, “You”, or “Merchant,” or “Partner” “User,” or “Your”) and Us. This Agreement has been developed by Us to describe the terms of Your use of Our Sites and Services.

Information regarding how We collect, use and disclose confidential, sensitive and personal information, if any, from Our users can be found in Our Privacy Policy located at: https://carthook.com/privacy/ (“Privacy Policy”). You acknowledge and agree that Your access and use of the Sites and Services, and acceptance of the Terms herein, are subject to Our Privacy Policy.

By accessing the Services, You agree to comply with this Agreement, and that Your visit and/or use of the Services, and any dispute directly arising out of Your use or misuse, will be governed by this Agreement.

We may modify the terms of this Agreement (including Our Privacy Policy) at any time in Our sole discretion, by posting amended terms of this Agreement to the Site or by sending You an e-mail to the address provided by You. Your acceptance and continued use of the Site and/or Service thereafter shall constitute acceptance of all revised, modified and/or amended terms of this Agreement. However, You should review the most up-to-date version of the Agreement and Privacy Policy from time-to-time on the Site. In the event You choose not to agree and accept the new, modified or amended terms of this Agreement, You may cease use of the Service and Site at any time.  

Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits. If you do not wish to accept the change to this Agreement, Your sole remedy is to cease use of the Service and Site. Notwithstanding the foregoing, any changes to this Agreement will not apply to any dispute between You and Us arising prior to the effective date of any such change(s).

• Services.
• Service Provided: Our Services allow Merchants to customize experiences where they may promote and sell physical goods, digital products, and services to online shoppers.
• No Guarantee: We do Our very best to provide the most accurate information possible on Our Site and Service, but it is impossible to guarantee accuracy of all the information, data, products, and services discoverable on Our Site or provided through Our Services. Therefore, We do not, and at no point in time in the future, guarantee that Our information, data, products and services offered through Our Site is bug-free, error-free, up to date, accurate, usable, or appropriate to Your needs.

• Users.
• In order to use Our Services, You represent that You (1) have the legal capacity and authority to enter into this Agreement; and (2) have read, understood, and agree to be bound by the Terms, regardless of the device or platform by which You access any of Our Services. If You do not agree to the Terms, You shall not use Our Services.
• Types of Users: Although anyone can visit the Site, generally, Our Services are available to Merchants (as described below) operating Shopify-based stores.  A Merchant is an individual or an entity that engages in ecommerce by selling goods and/or services on the internet, and wishes to incorporate the Services to enhance their Shopper’s buying and checkout experience (“Merchant”). A Shopper is an individual or entity that engages in activities related to purchasing services or goods that are listed on or through Our Member’s sites or ecommerce marketplace (“Shopper”). A Shopper is not required to create an account on the Site in order to use the Service. We shall not be liable for any delay or failure, for whatever reason, to deliver the purchased product(s) to the rightful Shopper, nor shall We be liable to Merchant for any delay or failure, for whatever reason, in the purchase process. Merchant shall be solely liable for any claim(s) that arise, directly or indirectly, out of the delay or failure to deliver the purchased product(s) to the rightful Shopper.

• Partners: We may also engage with certain Partners. A Partner is an individual or entity that either engages in developing functionality that extends the Services using javascript on pages within Our Merchants’ stores, and/or Our APIs, to be published as a CartHook App in the CartHook ecosystem to be used by Our Merchants and alongside or in tandem with Our Services or an individual or entity that engages in co-marketing, referral sharing or other similar activities with us (‘Partner”). 

• Individual On Behalf of a Partner or Merchant: If You contract for Services on behalf of another User, You represent and warrant that You have full legal authority to bind that entity or additional user to this Agreement. If You are not authorized to act on behalf of a company, other entity or additional user, You shall not accept the terms of this Agreement, nor can You access and use an account on behalf of someone else.  

• Minors. The Site and Services are available only for individuals who are eighteen (18) years of age or older. By accepting this Agreement, You hereby agree that You are above the age of eighteen (18). If You are thirteen (13) or older but under eighteen (18) years of age or otherwise considered a minor (“Minor”), (or the legal age of majority where You reside if that jurisdiction has an age of majority older than eighteen (18)), You must review the terms of this Agreement with Your parent or legal guardian to make sure that both You and Your parent or guardian understand and agree to this Agreement, and Your parent or legal guardian must accept this Agreement on Your behalf. If You are a parent or legal guardian agreeing to this Agreement on behalf of and for the benefit of a Minor, then You agree to, and accept full responsibility for that Minor's use or misuse of the Site and Service. The Company does not permit use by, not does it knowingly collect information from, persons under the age of thirteen (13).

• Limitations on Users and Currencies. The Company reserves the right to limit, revoke, suspend or deny, in its sole discretion, payments made by users from certain countries or locations (“Limited Locations”). We shall provide written notification to users who are attempting to pay or transact from these Limited Locations. The Company also reserves the right to deny the use of certain currencies, including digital currencies, in its sole discretion. Any currency conversion that is required for any transaction or sale on the Site or through the Services shall be the responsibility of the payment gateway system We are using at that time.  

• Signing Up and Accounts.
• Merchant Accounts:
• In order to create a Merchant account (“Merchant Account”) ,You must sign up at Our Site where You will be required to provide Us with information such as Your email and a password, the name of Your business or retail, and authorize Us to access, interact with, and utilize Your data and information on a product inventory and management platform, such as Shopify (“Account Information”).
• Unless subject to a written agreement to the contrary, in order to maintain Your Merchant Account and continue using the Services, You shall pay a service fee (“Merchant Fee”) every 30 days, renewed automatically, and a monthly transaction fee (“Transaction Fee”) for each transaction using Our Service that takes places on Your ecommerce store (“Store”) per month. We reserve the right to modify the Merchant Fee and Transaction Fee from time-to-time, in Our sole discretion, and upon written notification to You or by posting the modified Merchant Fee and/or Transaction Fee on Our Site. We reserve the right to require certain Merchants agree to Statements of Work and/or additional terms and conditions.
• Upon creating a Merchant Account, You may be requested or required provide Us with Your payment information, such as Your bank account information, name, card number, expiration dates, and ccv numbers (“Payment Information”), in order for Us to process Your Account and Merchant Fees, and permit Your use of Our Services.  Merchant Fees and Transaction Fees may alternatively be billed through the ecommerce platform that hosts your Store.
• You shall also be required to connect Your Account with Your current payment. You shall be required to authorize and permit Our access to payment processors in order for Us to provide Our Services and access necessary information. You may also authorize and permit Our access to any third party analytics tools or affiliates that You currently use.  
• We reserve the right to approve, deny, suspend, or revoke Your Merchant Account at any time and for any reason.
• Partner Accounts:
• In order to create a Partner Account (“Partner Account”) You must sign up and apply on Our Partner Site, where You will be required to provide Us with information such as Your email and a password, and the name of Your business or retail (“Partner Information”). We reserve the right to approve, deny, suspend, or revoke Your Partner application or Partner Account at any time and for any reason.
• Cancelling Your Account:
• Unless otherwise agreed between You and Us, You may cancel Your Account at any time and for any reason. If You cancel Your Account within the 30 day billing cycle, You will still have access to Your Account, the Account Information, Services and User Content on Your Account. However, You shall pay any and all Transaction Fees for the month in which You cancelled Your Account on the next Transaction Fee Due Date. Failure to pay the entire Transaction Fee due on the Transaction Fee Due Date shall be considered a material breach of this Agreement, and shall be grounds for immediate termination. In the event that You cancel Your Account, We reserve the right to keep, maintain and use the Account Information, User Content and all other data and information for internal business purposes only.
• You may reinstate Your Account at any time but may be subject to fees and/or reinstatement fees. Upon reinstating Your Account, You will be charged pursuant to this Agreement.
• You acknowledge and agree to the following:

• Any information, including User Information and Account Information, You provide to Us in connection with a request for access to the Service, including without limitation a request for tokens, security credentials, API keys, or user name and password shall be accurate, up-to-date and complete at submission, and You will update such information as necessary to keep it accurate, up-to-date, and complete;

• You shall not share Your Account Information with any third party, and You shall be solely responsible for keeping Your Account Information confidential;

• You shall be responsible and liable for all activity that occurs on or in connection with Your Account;

• You shall promptly notify Us in writing if You believe that an unauthorized third party may be using or have access to Your Account Information;

• We will not be liable for any loss or damage arising out of Your failure to maintain the security of Your Account Information, or for unauthorized access to Your account caused by You; and

• We may suspend, revoke, or limit Your rights to access the Services if You fail to comply with the terms of this Agreement in any way, or if We suspect or have reason to believe that You are not in compliance with Our policies and/or this Agreement.  

• All User Types’ Additional Responsibilities.  You shall:
• Be responsible for Your Account Information’s accuracy, quality, and the legality of Your Account Information;
• Ensure Your Account Information does not infringe on or violate the legal rights of any person or entity, or interfered with any agreement You have with another third party;

• Ensure Your User Content complies with this Agreement and all applicable laws;

• Handle any claims relating to or arising out of Your User Content; and

• Properly, and in accordance with applicable law, handle, process, and respond to notices sent to You by any person claiming that Your User Content violates such person's rights.

• Payments and Fees.
• Merchant Fees: Unless otherwise agreed in writing between You and Us, in order for Merchants to use the Services, You must pay a Merchant Fee upon creating a Merchant Account. Merchant Fees are subject to change from time-to-time, in Our sole discretion, and upon written notification to You. Merchant Fees shall be paid to Us every 30 days from the date of Your Account creation (“Payment Date”). Failure to pay the entire Merchant Fee due on the Payment Date shall be considered a material breach of this Agreement, and shall be grounds for immediate termination, unless the failure to pay is cured within 7 days (“Cure Period”) of receiving a written breach notice for Us (“Breach Notice”).
• Transaction Fees: Unless otherwise agreed in writing between You and Us, at the end of every calendar month, Merchants shall pay Us the total amount of Transaction Fees accrued during the preceding calendar month (“Transaction Fee Due Date”). Transactions Fees are subject to change from time-to-time, in Our sole discretion, and upon written notification to You. The Transaction Fee may include various credit payment processing fees, platform fees, or other fees facilitated by the Company. Failure to pay the entire Transaction Fee due on the Transaction Fee Due Date shall be considered a material breach of this Agreement, and shall be grounds for immediate termination, unless the failure to pay the entire amount due is cured within the Cure Period after receiving a written Breach Notice.
• All payments, including Transaction Fees, and any refunds if applicable, shall be made through a secure third party payment gateway, such as Stripe or via Shopify (“Third Party Payment Gateway”). Please be sure to review their terms and conditions, and privacy policy. See, Our Privacy Policy for further information on payment processing and Payment Information collected. We are not liable for any issues arising from or related to Your breach of any Third Party Payment Gateway’s policies. We may, from time-to-time, change Our Third Party Payment Gateway, and shall provide You with written notice of such change. All information collected through Our Third Party Payment Gateway, such as credit card information, names, and addresses, may be accessible to Us but will not be used by Us. We are not liable for any data or security breach, or compromised personal information that is caused, directly or indirectly, by the Third Party Payment Gateway.
• Refunds: The Company may, but is not obligated to, refund all or a portion of the Merchant Fees paid. Any and all refunds, shall be made through Our secure Third Party Payment Gateway.
• Your User Content: Warranty, License, Restrictions and Removals.

• User Content: “User Content” shall mean any content, personal information, corporate information, product information, sensitive information, transaction information, Account Information, derivative works created based on Our Intellectual Property and/or CartHook App or APIs, code, images, testimonials, logos, product images, reviews, or other assets uploaded or inserted to Your Account or data that Users (including You) provide to be made available through the Services.
• User Content Warranty: By transmitting or submitting any User Content while using the Services, You affirm, represent, guarantee and warrant that such transmission or submission is (a) accurate and up-to-date; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that You have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) You acknowledge and agree that any of Your personal information within such content will at all times be processed by Us in accordance with Our Privacy Policy. We shall not be liable for any inaccurate or misrepresentation, material and non-material, of the product(s) or services sold by Merchants to their Shoppers. Any fraud or misrepresentation shall be considered a material breach of this Agreement.
• User Content License: When transmitting or submitting information, Account Information, and User Content to the Services, or developing and publishing content and submissions to the Partner Platform and public areas of the Site, You retain all intellectual property rights and ownership to Your User Content. No transfer of ownership is created between You and Us, for Your User Content or vice versa. However, so that We can operate the Services effectively, You hereby grant Us, by submitting Your User Content to the Site, a perpetual and irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, enter into computer memory, and use and practice, in any way now known or in the future discovered, Your User Content as well as all modified and derivative works thereof in connection with Services (“ User Content License”). To the extent permitted by applicable laws, You hereby covenant not to assert against Us any moral rights You may have in any of Your User Content. You agree that We may use Your User Content for marketing and promotions of Services. The rights You grant in the User Content License are for the purpose of operating, promoting, and improving Our Services, operating, promoting and improving other services offered by Us and to develop, operate and promote new, features, services and/or products. You must have the necessary rights to grant Us this User Content License for any User Content that You provide to Us, both directly and indirectly. You can find more information about how We collect, use and store content in Our Privacy Policy located at https://carthook.com/privacy/.  
• Restrictions on Use and User Content: We reserve the right to cancel Your Account with Us at any time for any reason in Our sole discretion. User Accounts may be cancelled, and legal action may be taken by Us against You, for several reasons, including but not limited to:

• Submitting any unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene, or otherwise objectionable User Content;
• Any sexually explicit User Content;
• Language or User conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation;
• Posting any unsolicited or unauthorized advertising, “spam,” or junk mail, including “chain letters” and “pyramid schemes”;
• Submitting any User Content that is alleged to infringe any patent, trademark, trade secret, copyright, or other proprietary right;
• Uploading a virus or User Content designed to disrupt, limit, or damage any functionality of any computer software, hardware or server;
• Misuse of the Services and/or Shopper’s data and analytics provided by Us;
• Unauthorized use or disclosure of any Shopper's personally identifiable data and/or Payment Information;
• Uploading fraudulent or materially misrepresented Account Information and/or Payment Information; or
• If We in Our judgment and sole discretion deem it appropriate.

• Prohibited Activities: Unless You have Our express written consent, You shall not, and will not attempt to:
• Use Our Services to submit, store, transmit, or process malicious code, worms or viruses;

• Upload or provide false, illegal, or unauthorized User Content, including but not limited to, making misleading or false material statements to Shoppers about products, intentionally misstating prices, and/or intentionally selling the wrong products, to Our Services;

• Use Our Services to submit, store, transmit, or process User Content that is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) libelous or defamatory; (c) fraudulent, tortious or unlawful; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) infringing of any person's rights, any applicable laws, or Your obligations to any third party;

• Use Our Services to submit, store, transmit or process User Content that would give rise to criminal or civil liability or that encourages unlawful activity;

• Gain unauthorized access to Our Services, or to Our systems or networks;

• Interfere with or disrupt the integrity or performance of Our Services, or third-party content contained therein;

• Impersonate any person or entity or misrepresent Your affiliation with any person or entity in connection with Our Services;

• Reverse engineer, disassemble, or decompile Our Services or apply any other process or procedure to derive the source code of any software included in Our Services; or

• Unless otherwise provided, remove any copyright, trademark, or other proprietary rights notice from Our Services.

• Removal of User Content and Requests: We take the rights of others very seriously. If You have any concerns that User Content is improper or infringing, please contact Us at Support@carthook.com and if You would like the User Content removed, please provide Us with:

• A detailed description of the objectionable content, including where it is located;
• A statement that You have a good faith belief that the poster does not have permission to use the said objectionable content;
• A statement that You are the owner, or exclusive agent of the owner, of the objectionable content;
• Your contact information, including telephone number and physical address, and;
• A signed and sworn statement, under penalty of perjury, that Your statements above are true to Your knowledge.
• In certain instances, some of Your removed or edited User Content may not be completely removed, and copies of Your User Content may continue to exist on the system or Site’s or Platform’s server, and other locations belonging to Us. Copies, or meta copies, of User Content and information is solely used for purposes associated with Our Service, Platform and Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of Your User Content at any time.

• Termination.
• Unless otherwise agreed in writing between You and Us, either party to this Agreement may terminate this Agreement: (a) if the other party files a voluntary petition for bankruptcy or a petition or answer seeking a reorganization; (b) if the other party has filed against it an involuntary petition for bankruptcy that has not been dismissed within 60 days thereof; (c) if the other party becomes insolvent, admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of its creditors; (d) if the other party applies for or consents to the appointment of a receiver, trustee or liquidator for substantially all of its assets or such receiver, trustee or liquidator is appointed for the other party; or (e) upon the occurrence of a material breach of the terms of this Agreement by the other party, if such breach is not cured within 7 days after written notice identifying the matter constituting the material breach is provided by the non-breaching party.

• Effect of Termination. Upon termination of this Agreement:
• All licenses granted from Us to You shall terminate immediately;
• Upon request, each Party will promptly return to the other party or delete all tangible embodiments of confidential information of such party in its possession, custody or control; and
• You will delete all stored content received from Us through the use of the Services.

Notwithstanding the above, each party may retain a copy of this Agreement and such other confidential information of the other party as reasonably required for legal and auditing purposes. We may request that You certify in writing Your compliance with this Section.

• General User Rights and Obligations.
• Generally. You may access the Site and use the Services solely in accordance with this Agreement. You agree to adhere to all laws, rules, and regulations applicable to Your use of the Site and Service.
• APIs and Rate Notices.  We may make Our Service available through APIs together with extensions, plug-ins and similar technical interfaces, which are hosted by Us and made available to You based on Your subscription or purchase from Us. It is Your responsibility to ensure that calls You make to the Services are compatible with the then-current APIs, and that in so doing, You comply with the policies that We may publish from time-to-time regarding acceptable use of the APIs (“API Policies”). Violation of the API Policies shall be considered a breach of this Agreement.  By using the Services You understand that there may be rate limits and restrictions to the data fields displayed per application or service utilizing the APIs. We will inform You of any applicable rate limits and restrictions in documentation or by email (“Rate Notice”). Your continued use after receipt of the Rate Notice shall be considered an acceptance of the rate limits and restrictions, and You shall comply with the new rate limits and restrictions to the data fields at all times. Failure to comply with the new rate limits and restrictions shall be considered a material breach of this Agreement.
• Shoppers.
• Indirect Shopper Data Acquired. Through the use of Merchant Stores, Shoppers will indirectly use of the Site and Service.  Therefore, We may indirectly receive information and data from Shopper’s use of the Site, Service and payment information for products bought on the Site through Merchants, such as, without limitation, personal information, names, addresses, email addresses, location, gender, age, IP addresses, credit card information (“Shopper Data”). We will use Shopper Data for business purposes, feedback implementation and recording transactions.  We may use certain transaction information and other Shopper Data in order to improve our Services, improve other products and services offered by us, develop new features, services and/or products.  Such use shall be consistent with the Privacy Policy.  Please note that we use Shopify as our third-party payment processor to process payments made to us. As such, we do not retain any personally identifiable financial information in connection with your payment, such as credit card numbers. Rather, all such information is provided directly by you to Shopify. Shopify’s use of your personal information is governed by their privacy notice. To view Shopify’s privacy policy, please click here.  
• Shopper Data Deletion Request. Upon a Merchant’s request, We will delete Shopper Data or provide a written response as to why We cannot delete such Shopper Data. We cannot guarantee that deletion of the Shopper Data from Our Site will also delete any Shopper Data collected through or on Our servers, Partners, Stripe, or other third-party services or sites associated with Us that receive Shopper Data.

• License Grants and Intellectual Property.
• Intellectual Property. The Site, Admin Site, and Partner Site, and the software through which We provide Our Services, is the intellectual property of the Company and/or its licensors, unless We have acknowledged otherwise in writing, and We hold all rights, titles, and interests in Our Site, the Admin Site, the Partner Site, and Services and any works associated with Our Services, including without limitation, all logos, source code, images, videos, data, algorithms, patents, photos, trademarks, trade dress, informational material provided through Our Services or by Us, and any resources, marketing material, articles, domain names, user database, business methods, research methods, referral lists, databases, updates, copyright (“Intellectual Property”) that We provide You for the benefit of using Our Services. Nothing in this Agreement or through Your use of Our Services shall be construed to be a transfer or grant of title, ownership or rights to Our Intellectual Property.

• Feedback. While using the Site, any related sites and/or Service, You may from time-to-time provide Us certain materials, communications, suggestions, comments, improvements, ideas or other feedback to Us related to Our Site, related sites and/or Service (“Feedback”). You hereby grant to Us all rights, titles and interests in and to any Feedback that You make to Us concerning the Site, related sites, and/or Service. In the event this grant is not sufficient for Us to fully realize and use the Feedback, You grant Us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the Site, related sites and Service any of Your Feedback. By providing Feedback, You are representing that the Feedback is not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.
• Our License to Your Content. By providing Your User Content, You hereby grant Us a perpetual and irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to distribute and to deliver the Site and the Service to others, or as You otherwise direct Us via the Service, to use, perform, copy and display Your User Content and Applications for business purposes, product development, and for marketing, promoting, demonstrating, and answering inquiries, and (b) linking to and directing Merchants to Your Applications.
• In addition, You hereby grant Us the right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, display, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice Your User Content, as well as all modified and derivative works thereof in connection with the Site and/or Service. We may sublicense and/or assign Your User Content to third parties with Your written consent. To the extent permitted by applicable laws, You hereby covenant not to assert against Us any moral rights You may have in any of Your User Content. You agree that We may use and/or display Your User Content for Our marketing, promotions and display on the Site and Service without Your written consent, and You expressly permit Us to display your name and logo, provided that We abide by any branding guidelines You provide Us in writing.
• Third Party Content.
• Some of the data and other content that is made available to You via the Site and/or Service may be provided by a third party with the intent that it be used by You (“Third Party Content”). Such Third Party Content remains the property of the uploader/poster. You should review any Third Party Content and service agreements to make sure You agree with their services, policies and terms. No license or transfer of interests, rights, or titles shall be granted by using the Third Party Content on the Site or through the Service. We are under no obligation to ensure that those Third Party Content and services work error-free, are accurate and are up-to-date.
• The Services may include third party content and/or hyperlinks to websites, resources, or content owned or operated by third parties, over which We have no control. We are not responsible for the accuracy or availability of such third-party content or such sites or resources or for any content, advertising, products, or material on or available from such third party's sites or resources. We are not responsible or liable for any damages that You may incur, directly or indirectly, as a result of Your use of, and/or in reliance upon, any such third-party content, sites, or resources. In furtherance of the foregoing, You are responsible for reviewing such third party’s policies regarding use and/or reliance upon such third-party content, sites, or resources.

• DISCLAIMER OF WARRANTIES. USE OF OUR SERVICES IS AT YOUR SOLE RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS FROM SUCH USE. OUR SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WE AND OUR LICENSORS, SUPPLIERS AND CONTRACTORS, IF ANY, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY AS TO THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING ANY PARTNER, AND PERFORMANCE OF THE SERVICES IN AN ACCURATE AND TIMELY MANNER. NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE ACCURATE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NEITHER WE, NOR ANY OF OUR LICENSORS, MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, AS TO THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THAT DEFECTS IN THE SERVICE IN WHOLE OR IN PART, INCLUDING SOFTWARE, WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR SERVICES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO OUR SERVICES’ AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR MONETARY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, DATA, PAYMENT INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, OR MADE THROUGH THE PLATFORM. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IMPORTANTLY YOU ARE SOLELY RESPONSIBLE FOR THE SAFEKEEPING OF ANY PAYMENT INFORMATION OR WALLET CREATED ON OR USED IN CONJUNCTION WITH THE SERVICES. WE DO NOT STORE OR PROTECT YOUR PAYMENT INFORMATION OR ONLINE WALLETS AND WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOST OR THEFT OF YOUR PAYMENT INFORMATION FOR ANY REASON.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
• No Security Guarantee. We do not guarantee absolute security of your account, Account Information or any other information we collect, and we cannot promise, for example, that our security measures will prevent third party “hackers” from illegally accessing the Account, Account Information or any other information. Both parties agree to immediately notify each other within 72 hours should they become aware of any unauthorized use of your Account or of any Collected Data, or any other breach of security or inadvertent disclosure or loss of any Collected Data, and to accept all risks of unauthorized access to the Account, Account Information, Collected Data, and any other information you provide to the Company, including for personal data that is not collected in accordance with the Privacy Policy or applicable privacy or intellectual property legislation or other law.

• LIMITATION OF LIABILITY. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE OUR SERVICES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF DATA OF ANY KIND, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM THE COMPROMISE OR LOSS OF YOUR ACCOUNT INFORMATION, PAYMENT INFORMATION OR FUNDS, OR LOSS OF OR INABILITY TO RESTORE ACCESS FROM YOUR BACKUP, OR FOR MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO THE NETWORK OR SERVER, OR THE FAILURE OF ANY MESSAGE TO SEND OR TO BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM. FURTHER, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY EVENT, THE MAXIMUM LIABILITY OF US TO YOU SHALL NOT EXCEED THE NET AMOUNT OF FEES PAID BY YOU THROUGH THE SERVICE DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM.
• Indemnity.

• Indemnification.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM: (I) YOUR USE OR MISUSE OF AND ACCESS TO THE OUR SERVICES; (II) YOUR BREACH, NON-COMPLIANCE,  OR VIOLATION OF ANY TERMS OF THESE TERMS OF SERVICE OR OUR PRIVACY POLICY, OR APPLICABLE LICENSE AGREEMENTS, BY YOU OR ANYONE UNDER YOUR DIRECTION AND CONTROL; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (IV) ANY ACTUAL OR POTENTIAL CLAIM THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY; (V) ANY ACT OR OMISSION OF YOURS OR ANYONE UNDER YOUR DIRETION OR CONTROL; (VI) YOUR VIOLATION OR ALLEGED VIOLATION OF ANY LAW OR RIGHT OF ANY THIRD PARTY; AND/OR (VII) ANY LOSS OF DATA OR PROFITS OF ANY KIND, FOR ANY REASON. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE SERVICES. IN ANY EVENT, WE CANNOT COMPENSATE YOU FOR HARMS WE COULD NOT REASONABLY EXPECT FROM PROVIDING THE SERVICES TO YOU. IF YOU CAUSE HARM TO US OR VIOLATE THESE TERMS, SUCH AS BY PROVIDING INACCURATE INFORMATION OR POSTING INFRINGING CONTENT, WE RESERVE THE RIGHT TO ASSUME, AT OUR SOLE DISCRETION, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY SUCH CLAIM OR ACTION AND ALL NEGOTIATIONS FOR SETTLEMENT OR COMPROMISE, AND YOU AGREE TO FULLY COOPERATE WITH US IN THE DEFENSE OF ANY SUCH CLAIM, ACTION, SETTLEMENT, OR COMPROMISE NEGOTIATIONS, AS REQUESTED BY US. IN NO EVENT WILL YOU SETTLE ANY CLAIM OR ACTION WITHOUT OUR PRIOR WRITTEN APPROVAL. YOU AGREE NOT TO SUE US AS A RESULT OF OUR DECISION TO WITHHOLD APPROVAL OF OR REMOVE YOUR USER CONTENT, TO WARN YOU, TO REVOKE OR SUSPEND YOUR USER ACCOUNT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF OUR CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED.

• General Terms.

• Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, as if performed wholly within the state and without giving effect to the principles of conflict of law.
• Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, invalid or unenforceable, the provision shall be modified by the court and interpreted so as best to accomplish the objectives and intent of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the remainder of the Agreement will remain in full force and effect.
• Survival. The sections which, by their nature, shall survive the termination or expiration of this Agreement, include, without limitation: 10 [License Grants and Intellectual Property], 12 [Disclaimer and Warranties], 13 [Limitation of Liability], 14 [Indemnity], and 15 [General Terms].
• Assignment. You may not assign, delegate or sublicense any of Your rights or obligations hereunder, whether by operation of law or otherwise, without Our prior written consent. Any assignment or transfer in violation of this Section will be void.
• No waiver. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision or of any other right or provision. All waivers must be in writing to be effective.
• Entire Agreement. This Agreement, which incorporates Our Privacy Policy (available at https://carthook.com/privacy/.), constitutes the entire agreement between You and Us with regards to use of the Services and Site, and unless otherwise provided in a written agreement between You and Us, shall supersede any prior agreements between You and Us concerning the Services (including, but not limited to, any prior versions of the Agreement). This Agreement does not amend any other separate agreement You may have with Us.
• Notices to You. We may provide You with notices regarding the Services, including changes to this Agreement, by email to Your email address (and/or other alternate email address associated with Your Account if provided), by regular mail, or by postings on the Site. Notices that are provided by email will be effective when We send the email. It is Your responsibility to keep Your email address current. You will be deemed to have received any email sent to the email address then associated with Your account when We send the email, whether or not You actually receive the email.
• Electronic Transactions. You consent to receiving electronic communications and notifications from Us in connection with your use of the Services and this Agreement. You agree that any such communication will satisfy any legal communication requirements, including that such communications be in writing.

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