eCommerce Store EULA
End-User License EULA ("EULA")
THIS EULA IS A LEGAL DOCUMENT BETWEEN YOU AND CRYSTAL CLEAR DIGITAL MARKETING, LLC (“CRYSTAL CLEAR”). READ IT CAREFULLY BEFORE COMPLETING THE PURCHASE OF YOUR ECOMMERCE STORE. IT PROVIDES A LICENSE TO USE THE ECOMMERCE STORE AND CONTAINS IMPORTANT CONDITIONS OF USE, WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY USING THE SOFTWARE, YOU ARE CONFIRMING ACCEPTANCE OF THE ECOMMERCE STORE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT WISH TO DO SO, DO NOT PURCHASE AND USE THE ECOMMERCE STORE. IF YOU ARE ENTERING INTO THIS EULA ON BEHALF OF AN ENTITY, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY OR YOU DO NOT AGREE TO THE TERMS OF THIS EULA, NEITHER YOU NOR THE ENTITY MAY USE THE ECOMMERCE STORE.
THE LIMITED WARRANTY, EXCLUSIVE REMEDIES AND LIMITED LIABILITY TERMS SET FORTH BELOW ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE EULA BETWEEN CRYSTAL CLEAR AND YOU. Crystal Clear would not be able to provide the ECOMMERCE STORE on an economic basis without such limitations.
The Crystal Clear ECOMMERCE STORE is built on WooCommerce, a product of Automattic, and the owner of WordPress itself. The scope and available functionality of the platform is what we are dedicating to building. No custom development beyond the existing functionality of WordPress, WooCommerce, or the existing “marketplace” of products created for use on WooCommerce. In some cases, the client may need to pay additional fees to purchase additional functionality.
GRANT OF LICENSE.
This EULA grants to you a non-exclusive license to use the ECOMMERCE STORE on the terms set forth herein, until your contract has been fulfilled with Crystal Clear, then the ECOMMERCE STORE will be turned over to you along with your website upon termination of your Crystal Clear Software Agreement.
A. INSTALLATION AND USE
Your practice may use the ECOMMERCE STORE to sell products and services to your clients/patients online. You may benefit and use the ECOMMERCE STORE as long as you are a client under agreement with Crystal Clear and in good standing. You may manage your own store, however each user must have their own personal log in. Multiple people logging into the ECOMMERCE STORE using the same user access may result in data being overwritten or other potentially harmful outcomes. Crystal Clear will not be responsible for errors involving the misuse of user/provider licensing.
B. MERCHANT SERVICES
Clients have the ability to choose their own merchant service provider, so long as that merchant service provider has a “connector” on the WooCommerce “marketplace”. It is up to you the client to set up and maintain your account in good standing with your merchant service provider. Crystal Clear will connect your merchant service to the ECOMMERCE STORE on your behalf. We will in good faith maintain the connection through the WordPress plugin provided by the merchant services provider. But we cannot provide assurance that either the plugin or the connection will always work, these are items beyond our scope and should be addressed with WooCommerce or your merchant services provider.
C. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
(i) Export. The ECOMMERCE STORE allows users to download data from the system. You agree to abide by federal and state HIPPA laws, rules and standards for handling and securing covered confidential data. You agree to indemnify, defend and hold Crystal Clear harmless from and against any and all claims, damages, liability, losses and expenses, including reasonable attorneys' fees and costs, resulting from your failure to properly handle and protect the data once it is downloaded.
(ii) Support. Only clients who have paid for a ECOMMERCE STORE "support package" are entitled to support ie changes, updates, upgrades, or edits to your ECOMMERCE STORE. By Crystal Clear building you, our client, a store does not entitle you to support for the store; it must be purchased separately.
(iii) Compatibility. Crystal Clear cannot guarantee that the ECOMMERCE STORE will be compatible with every computer, every Microsoft Windows update, other third-party software, every browsers, or browser extensions.
D. COPYRIGHT, TRADEMARKS AND PROPRIETARY NOTICES.
All title and intellectual property rights in and to the content which may be accessed through use of the ECOMMERCE STORE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Crystal Clear. You may not remove any proprietary notices, labels or marks.
E. DISCLAIMER OF WARRANTIES.
(i)YOUR USE OF THE ECOMMERCE STORE AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS EULA, THE ECOMMERCE STORE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRYSTAL CLEAR DISCLAIMS: ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE ECOMMERCE STORE WILL PERFECTLY EXECUTE TRANSACTION, COLLECT PAYMENTS, OR SEND PAYMENT TO YOUR ACCOUNT, WARRANTY OF TITLE AND MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF OTHERS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SOFTWARE. CRYSTAL CLEAR DOES NOT WARRANT THAT THE ECOMMERCE STORE IS SECURE BEYOND HAVING SSL INSTALLED, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
(ii)NO AGENT OR EMPLOYEE OF CRYSTAL CLEAR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS SECTION OF THE EULA.
(iii)Third-party sites and their use in conjunction with the SOFTWARE, including, but not limited to WooCommerce, Square, Paypal, and Stripe, are subject to the availability and functionality of those sites by the providers and access cannot be guaranteed by Crystal Clear.
F. LIMITATION OF LIABILITY AND INDEMNITY.
(i)TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF CRYSTAL CLEAR FOR ALL CLAIMS RELATING TO THIS EULA SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE ECOMMERCE STORE AND IN THE CASE OF SERVICE SUBSCRIPTIONS RELATED TO MAINTAINING THE ECOMMERCE STORE THE AMOUNT PAID DURING THE TWELVE MONTHS PRIOR TO SUCH CLAIM.
(ii)SUBJECT TO APPLICABLE LAW, CRYSTAL CLEAR IS NOT LIABLE FOR ANY OF THE FOLLOWING IN CONNECTION WITH THE DOWNLOAD, INSTALLATION, USE OR MISUSE, UNINSTALLATION OR RELIANCE OF THE SOFTWARE: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF BUSINESS INFORMATION, REPLACEMENT COST OR ANY OTHER PECUNIARY LOSS; (B) DAMAGES RELATING TO TELECOMMUNICATIONS FAILURES, THE FAILURE OF THE INTERNET AND OTHER ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY BREACHES, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, LOSS OF REVENUE, PROFITS OR INVESTMENT, OR DAMAGES FROM THE USE OF ECOMMERCE STORE OR HARDWARE THAT DOES NOT MEET CRYSTAL CLEAR SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF CRYSTAL CLEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EULA SETS FORTH THE ENTIRE LIABILITY OF CRYSTAL CLEAR, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE ECOMMERCE STORE AND ITS USE.
(iii)You agree to indemnify, defend and hold Crystal Clear harmless from and against any and all claims, damages, liability, losses and expenses, including reasonable attorneys' fees and costs, arising in connection with your use of this ECOMMERCE STORE and/or any breach of this EULA.
Only clients under contract with Crystal Clear and in good standing may use and benefit from use of the ECOMMERCE STORE, default on your contract with Crystal Clear terminates all rights to use the ECOMMERCE STORE. Without prejudice to any other rights, this EULA shall terminate automatically if you fail to comply with the limitations described in this EULA. No notice shall be required from Crystal Clear to affect such termination. You may also terminate this EULA at any time by notifying Crystal Clear in writing of the termination. Upon any termination of this EULA, you must cease the use of and destroy all login accesses of the ECOMMERCE STORE.
This EULA shall be governed by the laws of the State of Florida, USA. This EULA contains the complete EULA between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous EULAs or understandings, whether oral or written. THE ACCEPTANCE OF ANY ECOMMERCE STORE OR ORDER BY YOU IS EXPRESSLY MADE CONDITIONAL UPON YOUR ASSENT TO THE TERMS SET FORTH HEREIN. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remainder of this EULA shall nonetheless remain in full force and effect. All questions concerning this EULA shall be directed to: Attention: Chief Operating Officer Crystal Clear 5750 Major Blvd Suite 500 Orlando, FL 32819.
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Signed by Joe Amaral
Signed On: June 5, 2020
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Document Name: eCommerce Store EULA
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