TURNKEY WEBSITE TERMS AND CONDITIONS
Last updated on: May 20, 2022
Welcome to Cutting Edge Products' ecommerce website offering! By using any Cutting Edge Products or Services (as defined below), you are agreeing to be bound by the following terms and conditions (the "Terms of Service"). You agree not to use the Services in any manner that violates these Terms.
As used in these Terms of Service, "we", "us", "our", "Cutting Edge Products", and "Cutting Edge Products, Inc." means the applicable Cutting Edge Products, Inc. Contracting Party (as defined in Section 13 below), and "you" means the Cutting Edge Products User (if registering for or using a Cutting Edge Products Service as an individual), or the business employing the Cutting Edge Products User (if registering for or using a Cutting Edge Products Service as a business) and any of its affiliates.
The services offered by Cutting Edge Products under these Terms of Service include various products and services that enable us to build your ecommerce website that offers all or most of Cutting Edge Products' product offering. Any such service or services offered by Cutting Edge Products are referred to in these Terms of Service as the "Service", "Services", and "Website". Any new features or tools which are added to the current Services will also be subject to the Terms of Service.
You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service before you may use any Cutting Edge Products Service.
1. Account Terms
You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services and qualify for an Account.
You acknowledge that Cutting Edge Products will use the email address you provide or as updated by you from time to time as the primary method for communication with you. You must monitor the Email Address you provide to Cutting Edge Products and your Email Address must be capable of both sending and receiving messages. Your email communications with Cutting Edge Products can only be authenticated if they come from your registered Email Address.
You are responsible for keeping your password secure. Cutting Edge Products cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
Technical support in respect of the Services is only provided to Cutting Edge Products Users. Questions concerning technical support and about the Terms of Service should be sent to Cutting Edge Products Support.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Cutting Edge Products.
You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. "Materials" means Your Trademarks, copyright content, any products or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to Cutting Edge Products or its affiliates.
Before your website is open for business you must register as an authorized Cutting Edge Product dealer. We will email you a link that will enable you to gain dealership status.
2. Account Responsibility
2.1 Store Owner
- Subject to Section 2.1.2, the person purchasing the website service for which we will register an Account will be the contracting party ("Store Owner") for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account that we provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website.
- If you are signing up for the Services on behalf of your employer, your employer will be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
- Your Cutting Edge Products Store can only be associated with one Store Owner. A Store Owner may have multiple Cutting Edge Products Stores. "Store" or "Stores" means the ecommerce website or websites that we build for you.
2.2 Staff Accounts
- The Store Owner is responsible for: (a) ensuring its employees, agents and subcontractors, including via Staff Accounts, comply with these Terms of Service; and (b) any breach of these Terms of Service by the Store Owner’s employees, agents or subcontractors. The Store Owner acknowledges and agrees that Store Owner will be responsible for the performance of all of its obligations under the Agreement, regardless of whether it sublicenses or subcontracts any such obligations to any third party, including but not limited to any affiliates or subsidiaries of Store Owner.
- The Store Owner, the Store employees, agents and subcontractors are each referred to as a "Cutting Edge Products User".
3. Cutting Edge Products' Rights
- The Services have a range of features and functionalities. Not all Services or features will be available to all Merchants at all times, and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.
- Should you opt to add additional Products from other providers while using your own merchant account, Cutting Edge Products does not pre-screen the products that you add and it is in our sole discretion to refuse or remove any Products, including if we determine in our sole discretion that the products that you offer through your website, or the Materials uploaded or posted to your website, violate our Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Cutting Edge Products employee, member, or officer will result in immediate Account termination.
- We reserve the right to sell our service to any and all parties and make no promises of exclusivity.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, or confirmation of your status as an employee of an entity.
- Cutting Edge Products reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Cutting Edge Products reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.
5. 30 Day Money Back Guarantee
Cutting Edge Products' #1 priority is your satisfaction. We stand behind all of our products, including our turnkey websites 100%. If you have a problem, we will solve it. 25 days after purchase, but not more than 30 days, if we haven't fulfilled all of the tasks as described in these terms and you wish to terminate your website account, we will refund the website generation fee. We will build and publish your website to the World Wide Web and submit your website to the search engines, but achieving good search engine ranking takes time. It is up to you to further promote your website by way of advertising, giving out business cards, etc. Your website, as with any business will take time and effort to become profitable, so 30 days will not be enough time for you to generate a lot of orders. We do not issue refunds simply due to the lack of sales.
6. Payment of Fees and Taxes
- You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Cutting Edge Products will charge applicable Fees to any valid payment method that you authorize and Cutting Edge Products will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments will be in U.S. currency.
- Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a "Billing Date"). You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Store Owner via the Email Address provided. Users have two weeks to bring up and settle any issues with the billing of Subscription Fees.
- If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method, typically 2 days later, but Cutting Edge Products may attempt sooner. If the second attempt is not successful, we will make a final attempt, typically 2 days following the second attempt, but in certain circumstances Cutting Edge Products may do this second attempt sooner. If our final attempt is not successful, we may suspend and revoke access to your Account, the Services and take your website offline. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 30 days following the date of suspension, Cutting Edge Products reserves the right to terminate your Account in accordance with Section 14.
- All Fees are exclusive of applicable federal, state, local or other governmental sales, goods and services, or other taxes, fees or charges now in force or enacted in the future ("Taxes").
- Should you choose to add additional products from other providers, you are solely responsible for determining, collecting, withholding, reporting, and remitting applicable taxes, duties, fees, surcharges and additional charges that arise from or as a result of any sale on your Cutting Edge Products Store or your use of the Services. The Services are not considered as a marketplace. Any contract of sale made through the Services is directly between you and the customer.
- You must maintain an accurate location in the administrative console of your Cutting Edge Products Store. If you change jurisdictions you must promptly update your location in the administrative console.
- Cutting Edge Products does not provide refunds of fees and/or taxes.
- "Confidential Information" will include, but will not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Cutting Edge Products’ Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public, including information related to our security program and practices.
- Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
8. Limitation of Liability and Indemnification
- You expressly understand and agree that, to the extent permitted by applicable laws, Cutting Edge Products and Cutting Edge Products' suppliers will not be liable 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 arising out of or relating to the use of or inability to use the Service or these Terms of Service (however arising, including negligence).
- You agree to indemnify and hold us and (as applicable) subsidiaries, affiliates, Cutting Edge Products partners, third party webmasters, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents it incorporates by reference; (b) or your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and your Customer, including but not limited to refunds, fraudulent transactions, alleged or actual violation of applicable laws (including but not limited to Federal and State consumer protection laws), or your breach of the Terms of Service.
- You will be responsible for any breach of the Terms of Service by your affiliates, agents or subcontractors and will be liable as if it were your own breach.
- Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
- Cutting Edge Products does not warrant that the Services will be uninterrupted, timely, secure, or error-free, however, in the event that the Services are interrupted, become untimely, unsecure and if errors are detected, we will work diligently to correct any and all problems.
- Cutting Edge Products is not responsible for any of your tax obligations or liabilities related to the use of Cutting Edge Products’ Services.
- You acknowledge that this offering is not a get rich quick scheme. You also acknowledge that this offering is solely meant for those who put in the sweat equity that it takes to develop any business. Cutting Edge Products does not provide any warranty of profitability. Cutting Edge Products will provide a fully functioning e-commerce website platform that will enable you to sell our products, however, we cannot guarantee any level of search engine ranking, the number of sales, or any predefined outcome as a result of the services.
9. Intellectual Property and Your Materials
9.1 Your Materials
- You grant Cutting Edge Products a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of any Materials provided by you for the purpose of publishing the Materials on your website. We may use our rights under this license to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. You represent, warrant, and agree that you have all necessary rights in the Materials to grant this license. You irrevocably waive any and all moral rights you may have in the Materials in favor of Cutting Edge Products and agree that this waiver may be invoked by anyone who obtains rights in the materials through Cutting Edge Products, including anyone to whom Cutting Edge Products may transfer or grant (including by way of license or sublicense) any rights in the Materials.
- If you owned the Materials before providing them to Cutting Edge Products, then despite uploading them to your Cutting Edge Products Store, they remain yours, subject to any rights or licenses granted in the Terms of Service or elsewhere. You can remove your Cutting Edge Products Store at any time by deleting your Account. Removing your Cutting Edge Products Store does not terminate any rights or licenses granted to the Materials that Cutting Edge Products requires to exercise any rights or perform any obligations that arose during the Term.
- You agree that Cutting Edge Products can, at any time, review and delete any or all of the Materials submitted to the Services, although Cutting Edge Products is not obligated to do so.
- You grant Cutting Edge Products a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your Store ("Your Trademarks") to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. This license will survive any termination of the Terms of Service solely to the extent that Cutting Edge Products requires the license to exercise any rights or perform any obligations that arose during the Term.
9.2 Cutting Edge Products' Intellectual Property
- You agree that you may not use any trademarks, logos, or service marks of Cutting Edge Products, whether registered or unregistered, including but not limited to the word mark Cutting Edge Products, Police Force Tactical, Streetwise Security, and Jolt Products ("Cutting Edge Products Trademarks") in any medium other than your website unless you are authorized to do so by Cutting Edge Products in writing. You agree not to use or adopt any marks that may be confused with the Cutting Edge Products Trademarks. You agree that any variations or misspellings of the Cutting Edge Products Trademarks would be considered confusing with the Cutting Edge Products Trademarks.
- You agree not to purchase, register, or use search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use or include Cutting Edge Products or Cutting Edge Products Trademarks or that use or include any terms that may be confused with the Cutting Edge Products Trademarks.
- You acknowledge and agree that the Terms of Service do not give you any right to implement Cutting Edge Products patents.
10. Additional Services
10.1 Your Website Email Function
- Cutting Edge Products employs certain controls to scan the content of emails you have sent using the Email Services. Such "Content Scanning" is intended to limit spam, phishing, or other malicious content that contravenes these Terms of Service, or Cutting Edge Products’ Acceptable Use Policy. By using the Email Services, you explicitly grant Cutting Edge Products the right to employ such Content Scanning. Each Cutting Edge Products merchant is responsible for all content generated by their respective Stores.
- BY GENERATING OR SENDING EMAIL THROUGH THE EMAIL SERVICES, YOU
AGREE TO COMPLY WITH THE FOLLOWING REQUIREMENTS (THE "EMAIL
SERVICES REQUIREMENTS"). Cutting Edge Products, OR ITS THIRD PARTY PROVIDERS, MAY
SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE EMAIL SERVICES
IF YOU DO NOT COMPLY WITH THE EMAIL SERVICES REQUIREMENTS. 2.1 Your use of the Email Services must comply with all applicable
laws. Examples of applicable laws include laws relating to spam or
unsolicited commercial email ("UCE"), privacy, security, obscenity,
defamation, intellectual property, pornography, terrorism, homeland
security, gambling, child protection, and other applicable laws. It
is your responsibility to know and understand the laws applicable
to your use of the Email Services and the emails you generate or
send through the Email Services.
emails you generate or send through the Email Services. 2.3 You will use commercially reasonable efforts not to send sensitive
personal data, including information regarding an individual’s
medical or health condition, race or ethnic origin, political
opinions, religious or philosophical beliefs, or other sensitive
data (collectively, "Sensitive Data") through the Email Services.
It is your responsibility to read and understand your obligations
in relation to Sensitive Data. 2.4 Your use of the Email Services must follow all applicable
guidelines established by Cutting Edge Products. The guidelines below are
examples of practices that may violate the Email Services
Requirements when generating, or sending emails through the Email
- using non-permission based email lists (i.e., lists in which each recipient has not explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails);
- using purchased or rented email lists;
- using third party email addresses, domain names, or mail servers without proper permission;
- sending emails to non-specific addresses (e.g., firstname.lastname@example.org or email@example.com);
- sending emails that result in an unacceptable number of spam complaints
- failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request;
- disguising the origin or subject matter of any email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any email;
- including "junk mail," "chain letters," "pyramid schemes," incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a recipient to forward the Email to another recipient.
- disguising the origin or subject matter of any email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any email;
10.2 Third Party Services
- Cutting Edge Products may from time to time recommend, provide you with access to, or enable third party software, applications ("Apps"), products, services or website links (collectively, "Third Party Services") for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider ("Third Party Provider"). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
- Any use by you of Third Party Services offered through the Services is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, Cutting Edge Products may receive a revenue share from Third Party Providers that Cutting Edge Products recommends to you or that you otherwise engage through your use of the Services.
- We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that Cutting Edge Products has no control over Third Party Services and will not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on Cutting Edge Products Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Cutting Edge Products. Cutting Edge Products does not guarantee the availability of Third Party Services and you acknowledge that Cutting Edge Products may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Cutting Edge Products is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of any Third Party Service. Cutting Edge Products strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.
- If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Cutting Edge Products is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
- The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and Cutting Edge Products is not obligated to intervene in any dispute arising between you and a Third Party Provider.
- Under no circumstances will Cutting Edge Products be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations will apply even if Cutting Edge Products has been advised of the possibility of such damages. The foregoing limitations will apply to the fullest extent permitted by applicable law.
- You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Cutting Edge Products partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
10.3 Beta Services
- From time to time, Cutting Edge Products may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants ("Beta Services"). Beta Services are not part of the Services, and Beta Services may be subject to additional terms and conditions, which Cutting Edge Products will provide to you prior to your use of the Beta Services.
- Such Beta Services and all associated conversations and Materials relating thereto will be considered Cutting Edge Products Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Cutting Edge Products prior written consent.
- Cutting Edge Products makes no representations or warranties that the Beta Services will function.
- Cutting Edge Products may discontinue the Beta Services at any time in its sole discretion. Cutting Edge Products will have no liability for any harm or damage arising out of or in connection with a Beta Service.
- The Beta Services may not work in the same way as a final version.
- Cutting Edge Products may change or not release a final or commercial version of a Beta Service in our sole discretion.
11. Feedback and Reviews
Cutting Edge Products welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances will any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, "Feedback") to Cutting Edge Products be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Cutting Edge Products (whether submitted directly to Cutting Edge Products or posted on any Cutting Edge Products hosted forum or page), you waive any and all rights in the Feedback and that Cutting Edge Products is free to implement and use the Feedback if desired, as provided by you or as modified by Cutting Edge Products, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to Cutting Edge Products must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.
12. DMCA Notice and Takedown Procedure
Cutting Edge Products supports the protection of intellectual property and asks Cutting Edge Products merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA (Digital Millennium Copyright Act) Notice to Cutting Edge Products. Once provided with a notice of takedown, the merchant can reply with a counter notification email if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.
13. Privacy and Data Protection
14. Cutting Edge Products Contracting Party
If the billing address of your Store is located in the United States, this Section 13(1) applies to you:
"Cutting Edge Products, Inc. Contracting Party" means Cutting Edge Products, a North Carolina corporation, with offices located at 235-F Forlines Road, Winterville, NC 28590.
The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of North Carolina with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
15. Term and Termination
The term of these Terms of Service will begin on the date your website generation fee is paid by you and continue until terminated by us or by you, as provided below (the "Term").
You may cancel your Account and terminate the Terms of Service by contacting Cutting Edge Products Support and then following the specific instructions indicated to you in Cutting Edge Products’ response.
Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Service for any reason, without notice and at any time, including, but not limited to if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services. Termination of the Terms of Service will be without prejudice to any rights or obligations which arose prior to the date of termination.
Upon termination of the Services by either party for any reason:
Cutting Edge Products will cease providing you with the Services and you will no longer be able to access your Account;
unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
any outstanding balance owed to Cutting Edge Products for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
your Cutting Edge Products Store will be taken offline.
If you purchase a website with domain name, you will be responsible for renewing the domain name yearly. Following termination of your turnkey website, it will be your sole responsibility to handle all matters related to your domain with the domain provider, including renewing your domain.
If there are any outstanding Fees owed by you at the date of termination of the Service, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- Cutting Edge Products fully intends to provide the Service indefinitely, however, due to unforeseen circumstances we may be unable to do so. For this reason, we reserve the right to terminate the Service at any time. If this occurs beyond the 30-day moneyback guarantee period, there will be no refunds provided.
We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. Cutting Edge Products may make changes that materially adversely affect your use of the Services or your rights under the Terms of Service at any time and with immediate effect for, but not exclusive to (i) legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. The Terms of Service will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of the Services after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended. If you do not agree to the amended Terms of Service, you must stop accessing and using the Services.
Cutting Edge Products may change the Fees for the Services from time-to-time. We will provide you with 30 days advanced notice prior to any changes in Fees by sending an email to the primary account holder's Email Account, or by similar means. Cutting Edge Products will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services (or any part thereof).
17. General Conditions
The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Cutting Edge Products and govern your use of the Services and your Account, superseding any prior agreements between you and Cutting Edge Products (including, but not limited to, any prior versions of the Terms of Service).
The failure of Cutting Edge Products to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service will remain in full force and effect.
Save for Cutting Edge Products and its affiliates, you or anyone accessing Cutting Edge Products Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service will have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this will not affect the rights of any permitted assignee or transferee of these Terms.
The Terms of Service will be governed by and interpreted in accordance with the laws of the state of North Carolina and the laws of the United States applicable therein, without regard to principles of conflicts of laws.
All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Cutting Edge Products will be permitted to assign these Terms of Service without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Cutting Edge Products’ prior written consent, to be given or withheld in Cutting Edge Products’ sole discretion.
If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
On termination, all related rights and obligations under the Terms of Service immediately terminate, except that (a) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination; and Sections 1 (Account Terms), 5 (Payment of Fees), 6 (Confidentiality), 7 (Limitation of Liability and Indemnification), 8.1 (Intellectual Property and Your Materials), 9.2 (Third Party Services), 10 (Feedback and Reviews), 12 (Privacy and Data Protection), 13 (Cutting Edge Products Contracting Party), 14 (Term and Termination), 15(1) (Modifications), and 16 (General Conditions) will survive the termination or expiration of these Terms of Service.