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n the country that we shipped it to except that you may use a terminal that was shipped to the european economic area in another country in the european economic area if that country is supported and e if you obtain equipment software or accessories branded by verifone and shipped to you to an address in the united kingdom or european economic area you agree to comply with the verifone minimum terms as applicable you ll be responsible for all shipping and handling charges for the pos terminal specified during the ordering process we may restrict availability based on your region or limit the quantity of pos terminals that you may order we may reject any order at any time in which case we ll refund what you paid risk of loss for the pos terminal passes to you when the shipping carrier receives the terminal from our drop shipper for delivery and title will transfer to you upon delivery shipping and delivery dates are estimates only and cannot be guaranteed we are not liable for any delays in shipments unless a refund is required by law there are no refunds for pos terminals and all transactions are final more on woopay specifically when you use woocommerce payments woopay may be available as a checkout option on your checkout page unless you remove it from your checkout options through your administrative controls woopay may not be available in all languages or jurisdictions and we make no representation that woopay is available for use in all locations or for all products or services the use of saved woopay information for a transaction does not change your obligations relating to the transaction and we make no representations or warranties that the saved woopay information is accurate or that the woopay user is authorized to use any payment information they saved with woopay you acknowledge and agree that we are not and do not become a party to the transaction between you and your customer as a result of the use of woopay and that we will not be responsible for any aspect of the products or services that you sell by enabling woopay on your site you acknowledge that we may collect and process information about you your customers and your orders pursuant to our privacy policy you will comply with any additional terms and conditions required by any third party services associated with your use of woopay more on shipping services specifically our shipping services allow you to check shipping rates or buy shipping labels from certain mailing services like ups usps dhl and canada post we re only an intermediary between you and these third parties we aren t involved in any way with your product or its shipment we also don t guarantee that the results you obtain from the use of these services like rates labels or delivery timeframes will be accurate or reliable you re solely responsible for compliance with all applicable rules and regulations including domestic and international shipping and customs regulations and any regulations imposed by the mailing service s you use for example if you use usps postage you need to comply with their shipping restrictions and mailing standards among others when using dhl s services you are responsible for compliance with all applicable dhl rules and terms such as the dhl express terms and conditions of carriage in addition you re solely responsible for customs charges import taxes or duties and any other charges related to your shipments if we incur any charges as a result of your use of the shipping services you agree to reimburse us for the full amount within 7 days in some cases you may need to pay fees to the carrier directly like if you use ups shipping labels in other cases you authorize us to charge you for the fees associated with each shipping label you create each fee will be charged separately to the payment methods you provide in your wordpress com account which you can view and manage as described on the payments methods support page if you have multiple payment methods you can select which should be used for the shipping label service if we re unable to collect payment from you for these fees you ll be responsible for payment within 7 days please contact us to make payment refunds for unused shipping labels must be requested like so for usps in your store s wp admin within 30 days of creating the label depending on your bank and the third party involved it can take up to 45 days for your refund to be issued if you don t receive your refund within this time frame please contact us you may not transfer or sell postage and or shipping labels to a third party 9 copyright policy as we ask others to respect our intellectual property rights we respect the intellectual property rights of others if you believe any content violates your copyright please see our copyright policy and send us a notice 10 intellectual property the agreement doesn t transfer any automattic or third party intellectual property to you and all right title and interest in and to such property remains as between automattic and you solely with automattic automattic wordpress wordpress com woocommerce jetpack vaultpress happy tools jetpack crm mailpoet and all other trademarks service marks graphics and logos used in connection with our websites or services are trademarks or registered trademarks of automattic or automattic s licensors other trademarks service marks graphics and logos used in connection with our services may be the trademarks of other third parties using our services doesn t grant you any right or license to reproduce or otherwise use any automattic or third party trademarks 11 third party services while using the services you may enable use or purchase services products software embeds or applications like themes extensions plugins blocks or point of sale terminals provided or manufactured by a third party or yourself third party services if you use any third party services you understand that third party services aren t vetted endorsed or controlled by automattic any use of a third party service is at your own risk and we won t be responsible or liable to anyone for third party services your use is solely between you and the respective third party third party and is governed by the third party s terms and policies some third party services may request or require access to your data or to your visitors or customers data through things like pixels or cookies if you use the third party service or grant them access the data will be handled in accordance with the third party s privacy policy and practices which you should carefully review before you use any third party services third party services may not work appropriately with our services and we may not be able to provide support for issues caused by any third party services if you have questions or concerns about how a third party service operates or need support contact the third party directly in rare cases we may at our discretion suspend disable or remove third party services from your account or website if you purchase google workspace or g suite there are a few other things we want to highlight these services are provided by google and your use of them is subject to google s terms of use for the services which you ll accept before using google workspace or g suite for the first time we re an authorized reseller of google workspace and g suite but make no warranties about google s services and disclaim google s liability for any damages arising from our distribution and resale of their services google will provide technical support for its services per its technical support services guidelines 12 changes we may modify the terms from time to time for example to reflect changes to our services e g adding new features or benefits to our services or retiring certain features of certain services or for legal regulatory or security reasons if we do this we ll provide notice of the changes such as by posting the amended terms and updating the last updated date or if the changes in our sole discretion are material we may notify you through our services or other communications any changes will apply on a going forward basis and unless we say otherwise the amended terms will be effective immediately by continuing to use our services after we ve notified you you agree to be bound by the new terms you have the right to object to any changes at any time by ceasing your use of our services and may cancel any subscription you have 13 termination we may terminate your access to all or any part of our services at any time with or without cause or notice effective immediately including if we believe in our sole discretion that you have violated this agreement any service guidelines or other applicable terms we have the right though not the obligation to i reclaim your username or website s url due to prolonged inactivity ii refuse or remove any content that in our reasonable opinion violates any part of this agreement or any automattic policy or is in any way harmful or objectionable iii ask you to make adjustments restrict the resources your website uses or terminate your access to the services if we believe your website s storage or bandwidth usage burdens our systems which is rare and typically only occurs when a website is used for file sharing or storage or iv terminate or deny access to and use of any of our services to any individual or entity for any reason we will have no obligation to provide a refund of any fees previously paid you can stop using our services at any time or if you use a paid service you can cancel at any time subject to the fees payment and renewal section of these terms 14 disclaimers our services are provided as is automattic and its suppliers and licensors hereby disclaim all warranties of any kind express or implied to the maximum extent allowed by applicable law including without limitation the warranties of merchantability fitness for a particular purpose and non infringement neither automattic nor its suppliers and licensors makes any warranty that our services will be error free or that access thereto will be continuous or uninterrupted if you re reading this here s a treat you understand that you download from or otherwise obtain content or services through our services at your own discretion and risk 15 jurisdiction and applicable law except to the extent any applicable law provides otherwise the agreement and any access to or use of our services will be governed by the laws of the state of california u s a excluding its conflict of law provisions and the application of the united nations convention of contracts for the international sale of goods and the proper venue for any disputes arising out of or relating to the agreement and any access to or use of our services will be the state and federal courts located in san francisco county california u s a nothing in this agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence 16 limitation of liability in no event will automattic or its suppliers partners or licensors be liable including for any third party products or services purchased or used through our services with respect to any subject matter of the agreement under any contract negligence strict liability or other legal or equitable theory for i any special incidental or consequential damages ii the cost of procurement for substitute products or services iii for interruption of use or loss or corruption of data or iv for any amounts that exceed 50 or the fees paid by you to automattic under the agreement during the twelve 12 month period prior to the cause of action whichever is greater automattic shall have no liability for any failure or delay due to matters beyond its reasonable control the foregoing shall not apply to the extent prohibited by applicable law european users if we cause damage to you and you are a consumer in europe we limit our liability to the maximum amount permissible in your country of residence liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract automattic isn t liable for damages that result from a non material breach of any other applicable duty of care this limitation of liability will not apply to any statutory liability that cannot be limited to liability for death or personal injury caused by our negligence liability caused by our willful misconduct or gross negligence or our responsibility for something we have specifically promised to you you and we agree that we and our affiliates total liability is limited to the greater of 50 or the amount paid by you to use our services during the 12 months preceding the claim to the extent that our liability is limited or excluded the limitations or exclusions will also apply to the personal liability of our employees legal representatives and vicarious agents 17 indemnification you agree to indemnify and hold harmless automattic its contractors and its licensors and their respective directors officers employees and agents from and against any and all losses liabilities demands damages costs claims and expenses including attorneys fees arising out of or related to your use of our services including but not limited to your violation of the agreement or any agreement with a provider of third party services used in connection with the services content that you post and any ecommerce activities conducted through your or another user s website 18 us economic sanctions you agree that our ability to provide our services to you is subject to compliance with us sanctions that restrict or prohibit who or from where our services can be accessed by using the services you represent and warrant that you i are not located or residing in any country or territory subject to comprehensive us sanctions currently cuba crimea iran north korea donetsk people s republic luhansk people s republic and syria ii are not listed on any united states list of prohibited or restricted parties such as ofac s specially designated nationals and persons list or otherwise subject to us sanctions that would prohibit your access to or use of our services and iii shall not use or allow access by any of your customers or potential customers if applicable to the services in any manner that may cause automattic to violate us export controls and sanctions we reserve the right to restrict or block your access or access by any of your customers or potential customers if applicable to the services and or to terminate the agreement at any time without notice if we determine at our sole discretion that such access may cause a violation or create unacceptable risk to us under export controls or sanctions 19 data processing agreement if you need a data processing agreement dpa with us for the gdpr requirements that apply to us as a data processor for your website please follow these instructions 20 translation these terms were originally written in engl...
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