By using these Services, Merchant agrees that use of the Services and other products and services of Maine Niche are to abide by the Merchant Agreement terms and conditions. For all purposes hereof, the term “Services” means and comprises all of Maine Niche products displayed and Showcase page Services, electronic commerce and related Services. Maine Niche makes no warranties, express or implied, other than those presented in this Agreement. As used in this Agreement, the term “Merchant” shall refer to the material provided by the Merchant, as well as any text included thereon.
Maine Niche reserves the right to refuse any Merchant for any reason. Maine Niche shall be the sole and final arbitrator of whether or not any Merchant material is appropriate for inclusion on the Maine Niche.com web site.
Merchant Showcase Display Services – If applicable, all sales will be directed and processed by the Merchant(s) and not Maine Niche. As such, Maine Niche will not be responsible for orders placed or fulfillment of by the Merchant. If you find you are dissatisfied with services provided by the Merchant in regards to your order, please contact us Maine Niche and your concerns will be addressed in a timely manner.
TERMS AND BILLING
Unless otherwise specified, Merchant Agreement requires full payment prior set-up of selected service.
Merchant agrees to provide Maine Niche with accurate, complete and updated Account information. Merchant shall promptly notify Maine Niche in writing or by e-mail of any changes in Merchant Account information, such as changes in address or telephone number.
If after bill and/or payment it is determined that an error was made or that billing elements such as applicable taxes were omitted, it is understood and agreed by Merchant that the appropriate adjustment may be made and a corrected invoice will be processed for payment of any balance due in accordance with normal billing procedure.
Rates – Merchant shall pay applicable rate for Services as set forth by Maine Niche’s current rate in advance. All fees are subject to change without notice.
Method of Payment – Account charges are payable in advance per policy. Payment for Merchant Showcase services are due prior set-up and display of Merchant Showcase page. PayPal is the preferred method of payment. We also accept personal checks (must clear prior set-up) or money orders.
Maine Niche may immediately terminate Merchant Account for declined credit cards, returned checks, or any other non-payment of Merchant Account charges with the understanding, however, that Merchant remains fully liable for all charges incurred by Merchant due to said declines, returned checks, etc.
The Merchant Account will be considered to be in default if payment of Merchant Account charges are not received prior renewal. A renewal notice will be sent via email to Merchant as a courtesy reminder.
If Merchant Account is still unpaid thirty-days (30) after the Merchant renewal date, Merchant may have Merchant Services interrupted or terminated without further notice to Merchant. The Merchant shall agree that Maine Niche, at its sole discretion, has the right to refuse to reinstate a suspended service regardless of subsequent payment attempts by Merchant. Further, Merchant understands that there may be fees associated with reinstatement of a suspended service.
Method of Collection – There is a $35.00 service charge for each returned check. There is a $40.00 collection fee for each item charged back. Accounts that are delinquent may have tier services terminated without notice.
WARRANTIES AND LIMITATION OF LIABILITY
Merchant is solely responsible for any legal liability arising out of or relating to (1) Merchant, (2) any claims or misrepresentations made via the Merchant, and/or (3) any material to which users can link through the Merchant.
Merchant represents and warrants that: (1) the material provided to Maine Niche is original, copyrighted material belonging to Merchant, or that Merchant has obtained any and all rights, permissions and licenses necessary for Maine Niche to use the material in the preparation of Merchant services and in any other printed matter prepared by Maine Niche in the normal course of business; (2) the use, reproduction, distribution, or transmission of the Merchant Services will not violate any criminal laws or any rights, title, or interests of any third party, including, but not limited to copyright (whether in text, image, software code or music), patent, trademark, trade secret, or any other proprietary or property right; and (3) that the Merchant material provided not contain information that includes false advertisement, unfair competition, defamatory material, invasions of privacy or rights of celebrity, or violation of any anti-discrimination law or regulation.
With regards to all Services provided by Maine Niche, Merchant and Maine Niche agree that Maine Niche disclaims and is not responsible or liable for any direct, indirect, or consequential loss of liability resulting from any acts (or failures to act) or Maine Niche and/or its employees including, but not limited to: (1) loss of data; (2) loss of software; (3) loss of business or business opportunity; (4) loss or liability resulting from access delays or access interruptions; (5) loss or liability resulting from computer viruses; (6) loss or liability resulting from data non-delivery or data miss-delivery; (7) any other loss or liability resulting from the negligent acts and/or omissions of Maine Niche or Maine Niche customers; (8) loss and liability resulting from any errors, omissions, or misstatements in any and all information goods, or services obtained on or through Maine Niche; (9) loss or liability resulting from partial or total consequential damages; and, (11) loss or liability resulting from acts of God.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MAINE NICHE BE LIABLE TO MERCHANT OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL INCIDENT, OR CONSEQUENTIAL DAMAGES OR ANY CHARACTER INCLUDING WITHOUT LIMITATIONS, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSES, OR FOR ANY OTHER DAMAGES WHATSOEVER EVEN IF MAINE NICHE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
MODIFICATIONS TO AGREEMENT(S)
The Merchant agrees, during the period of this Agreement, that Maine Niche may: (1) revise the terms and conditions of this Agreement; and (2) change the service provided under this Agreement. Any such revision or change will be binding and effective immediately on notification to the Merchant by e-mail or regular mail. Merchant shall agree that, by continuing to use the Services following notice of any revision to the Agreement, Merchant shall accept any such revisions and agree to abide by any such revisions.
If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
This Agreement will be governed by and constructed in accordance with the laws of the State of Maine.
MONITORING OF SERVICE AND MERCHANT INFORMATION
Maine Niche has no obligation to monitor the Service but may do so and may disclose information regarding Merchant use of the Service to satisfy laws, regulations or governmental requests. However, Maine Niche will not disclose Merchant information to outside persons or entities for soliciting Maine Niche Merchants.
MAINE NICHE MAY, IN ITS SOLE DISCRETION, REMOVE OR REFUSE TO POST ANY INFORMATION OR MATERIALS, IN WHOLE OR PART, WHICH ARE UNACCEPTABLE, UNDESIRABLE OR IN VIOLATION OF THIS AGREEMENT.
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending via e-mail or regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when the sender has obtained an electronic confirmation of delivery. Any e-mail communication shall be deemed to have been validly and effectively given on the data of such communication. If such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given five (5) business days after the date of mailing and, in the case of notification to us shall be sent to:
Millinocket, ME 04462
NOTE: Please read, understand and agree to the Merchant Agreement. By use of our services and/or the use of our e-mail services you hereby agree to the terms and conditions set forth within the agreement. _____________________________________________________________________________
I HAVE READ AND ACCEPT
I agree with the above conditions of this Merchant Agreement.
Please CLICK HERE to send an e-mail confirming your acceptance.