Loaded Commerce is a trademark of Chain Reaction Ecommerce, Inc., a privately owned international company.
The terms "website" and "site" refer to the www.loadedcommerce.com website.
The term "Software" refers to all available Loaded Commerce shopping cart and related software packages.
The terms "User" when used in these Terms of Service means any user of this website and/or Software.
By accessing this website, User agrees to these Terms of Service. If User disagrees with these Terms of Service, User should exit this website and/or stop using the Software.
These Terms of Service may be changed by Chain Reaction Ecommerce, Inc. from time to time without specific notice to User. The latest Terms of Service will be posted on the website.
Description of Service
Chain Reaction Ecommerce, Inc. provides a collection of open-source shopping cart software applications. Unless explicitly stated otherwise, any new applications or new features that upgrade or enhance the Software shall be subject to the Terms of Service.
Software is provided on terms and conditions of product license agreements.
Support services are provided directly by Chain Reaction Ecommerce, Inc. Chain Reaction Ecommerce, Inc. will make reasonable efforts to provide a qualified and efficient reply to each support request within a reasonable amount of time. However Chain Reaction Ecommerce, Inc. does not warrant that support requests will be processed within any fixed period. Some support requests require investigation by experienced personnel (e.g. programmers, administrators, billing department managers) and processing time may take several days.
All fees are payable in US dollars. All transmission fees, currency translation fees, wire and bank fees chargeable by or deducted from remittances by any bank, including the transmitting, intermediary, or recipient bank, are the responsibility of the remitting party (customer). Merchant fees charged by Credit Card Companies and by PayPal assessed to Chain Reaction Ecommerce, Inc., will be absorbed by Chain Reaction Ecommerce, Inc. and are expressly not the responsibility of the remitting party.
Software is delivered to User by Internet download only. Chain Reaction Ecommerce, Inc. does not provide Software delivery on any type of hard media.
Loaded Commerce Software packages are delivered to User after payment is authorized, verified, and cleared to Chain Reaction Ecommerce, Inc. bank account. Chain Reaction Ecommerce, Inc. will make reasonable efforts to complete the anti-fraud verification process as quickly as possible; however, actual verification depends upon billing information provided and may take up to several days.
Software packages operating with sensitive data (e.g. credit card information) provide features for secure sensitive-data storage and secure data transmission. Chain Reaction Ecommerce, Inc. employs best practices to prevent unauthorized transfer of any such sensitive data to third parties. However, Chain Reaction Ecommerce, Inc. does not warrant that data will be stored and transported without unauthorized interception or compromised by unauthorized third parties. Chain Reaction Ecommerce, Inc. shall not be liable for any access to sensitive data by third parties.
Upgrades are any modifications to Software such as source-code content, database structure, or interface appearance.
Chain Reaction Ecommerce, Inc. is continually improving and enhancing Software based on customer feedback and market demand. New versions of the Software are released from time to time at Chain Reaction Ecommerce, Inc.'s discretion. Any Software modifications, e.g. adding new features, removing or redesigning existing features, or making interface changes are completely at Chain Reaction Ecommerce, Inc.'s discretion. New Software packages and applications developed and released by Chain Reaction Ecommerce, Inc. are not considered Software upgrades.
Users may make custom modifications to their copies of the source code. In this case, Chain Reaction Ecommerce, Inc. expressly disclaims all warranties and shall not be liable for any incompatibility problems of the source code previously obtained by such customers with an upgraded version of the source code.
Chain Reaction Ecommerce, Inc. offers non-tangible irrevocable products. All sales are final, and no refunds are given except in such case where the purchased product is not as described, namely:
User's inability to use purchased product(s) due to lack of required skills does not require us to provide a refund, including, but not limited to, the following circumstances:
Refunds for custom services -- e.g., installation services, custom programming services -- are not available.
Refunds are processed within 7 (seven) business days after User requests the refund.
All bank transfer commissions are paid by User. Chain Reaction Ecommerce, Inc. is not responsible for reimbursement of any bank charges to User.
DISCLAIMER OF WARRANTIES
USER EXPRESSLY UNDERSTANDS AND AGREES THAT:
1. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM OR THROUGH CHAIN REACTION ECOMMERCE, INC. SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
LIMITATION OF LIABILITY
USER EXPRESSLY UNDERSTANDS AND AGREES THAT CHAIN REACTION ECOMMERCE, INC. SHALL 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 (EVEN IF CHAIN REACTION ECOMMERCE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OF DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.