Terms and Conditions
THE AGREEMENT: The use of this website and services on this website provided by Boundless Commerce (hereinafter referred to as "Website") are subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").
“We,” “us,” and “our” are references to BOUNDLESS-COMMERCE.COM.
“User,” “You,” and “your” denotes the person who is accessing the website to take or avail of any service from us. User shall include the company, partnership, sole trader, person, body corporate, or association taking services of this Website.
“Order Form” or “Order” means one or more Boundless Commerce order forms executed by the parties for the purchase of Services and that reference these Terms.
”Website” shall mean and include boundless-commerce.com and any successor Website of the Company or any of its affiliates.
“Third-Party Products” means any third-party information, website, product, service, or materials referenced in, accessible through, or provided in connection with the Website or Services.
Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.
ASSENT & ACCEPTANCE
- YOUR OBLIGATION IS TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
- LIMITATIONS OF OUR LIABILITY TO YOU AND
- A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
Minimum Age. The Services and Website are available only to persons who are the age of majority and can form legally binding contracts under applicable law. Without limiting the foregoing, the Services and Website are not intended to be used by individuals under the age of 13. If you do not qualify, please do not use the Services or access the Website.
Registration. In order to use the Services, you must establish a Services account (“Account”) by registering with Boundless Commerce. You may be required to submit a valid means of payment for which you are authorized to purchase Services. You will provide true, accurate, current, and complete information when registering for an Account and will update the information as necessary to keep your Account and payment information current. As part of the registration process, you will provide Boundless Commerce with a username and password for your Account (together with “Account Credentials”). Boundless Commerce reserves the right to refuse registration of, or cancel, accounts that violate these Terms.
ACCURACY OF INFORMATION
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to user descriptions, pricing, availability, promotions, and offers. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and conditions at any time and for any reason. We undertake no obligation to update, amend or clarify information on the Website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated. Please ensure that you check the applicable Terms every time you use our site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms and conditions by your continued use of the site after the date such revised Terms and conditions are posted.
As a user of the Website or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Website and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information, as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
TERM OF TERMINATION.
Term. The Services will be provided to you for the duration of your subscription or Order Form unless you cancel them earlier or Boundless Commerce terminates them. You may cancel your subscription to the Services at any time. These Terms will terminate automatically upon the cancellation of all of your subscriptions to the Services. Boundless Commerce may terminate these Terms or your subscription(s) to the Services at any time, for any reason or no reason, upon written notice. Due to this termination, Boundless Commerce will have no liability to you or any third party. The termination of these Terms will terminate all of your subscriptions to the Services.
Consequences of Termination. Upon termination of these Terms by either party for any reason, or upon cancellation or expiration of your Services subscriptions: (i) Boundless Commerce will cease providing the Services; (ii) you will not be entitled to any refunds of any subscription or usage fees, or any other fees, pro rata or otherwise; (iii) any fees you owe to Boundless Commerce will become immediately due and payable in full; and (iv) Boundless Commerce may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival or by their nature should survive, including, but not limited to, confidentiality, indemnification, warranty disclaimers, and limitations of liability, will survive termination of the Terms.
Modifications. Boundless Commerce reserves the right, at its sole discretion, to change, modify, add to, or remove portions of these Terms at any time ("Changes"). Boundless Commerce will notify you of Modifications by sending an email to the address listed in your Account and by posting a revised version of the Terms incorporating the Modifications on its website. Your continued use of the Website or Services following notification of the Changes (or posting of the Terms incorporating the Changes in the event that your email address is no longer valid, is blocked, or for any other reason is unable to receive the notice) indicates your acceptance and agreement to the Changes. Changes will take effect prospectively as of the date they are posted to the Website.
Subscription."Initial Term" refers to the duration specified on the Order Form, commencing on the date of the Order Form (the "Subscription Start Date"). The Subscription Start Date is the date the Customer executes the initial Order Form, if applicable unless otherwise agreed to in writing. Some software Products may be accessible prior to the Subscription Start Date specified on the Order Form. If the Customer processes taxable business transactions with the software before the Subscription Start Date, the date will be adjusted.
Upon expiration of the Initial Term, unless otherwise specified in the Order Form or herein, this Agreement will automatically renew for an additional term equal to the Initial Term (each a "Renewal Term," the "Current Term" being the Initial Term or the then-current Renewal Term (as applicable); and the Initial Term and all Renewal Terms collectively, the "Term") unless terminated earlier by Customer or Boundless Commerce. If no Order Form is provided, a thirty-day notice is necessary. The Term of this Agreement is limited to the trial period specified in the Order Form for trial Products. Unless otherwise specified, Customer cannot terminate this Agreement before the end of the Term.
Fees and Payment. Customers must pay Boundless Commerce annual and/or monthly fees ("Fees") according to the Order Form's payment schedule and currency. If no Order Form is provided, Product Fees will be as listed on their websites. All payments made by Customer to Boundless Commerce under this Agreement are non-refundable and made via the payment method specified in the Order Form or as otherwise agreed by the parties in writing. The customers must take any additional steps Boundless Commerce deems necessary to automate Fee payment. Boundless Commerce may suspend Customer's access to the Products despite late fees. Any sales or goods and services taxes will be added to the Fees.
Customer acknowledges and agrees that by executing an Order Form, Customer is obligated to pay all Fees identified in I the Order Form or website (as applicable) and (ii) this Agreement for the duration of the Current Term and that any software subscription discounts or hardware discounts offered to Customer and/or identified on the Order Form are contingent on the foregoing. Customer agrees that by renewing their subscription, implicitly or explicitly, they are obligated to pay all Fees due under the renewed contract at the then-current prices for the Renewal Term. The Customer agrees that any discounts offered on the initial Order Form do not apply to the Renewal Term unless agreed to in writing.
LIMITATIONS OF LIABILITY.
Excluded Damages and Theories. BOUNDLESS COMMERCE AND ITS SUPPLIERS AND AFFILIATES ASSUME NO RESPONSIBILITY WITH RESPECT TO YOUR OR YOUR USER’S USE OF THE WEBSITE, SOFTWARE, OR SERVICES AND WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXTRAORDINARY, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION THE FOLLOWING, UNLESS PROHIBITED BY APPLICABLE LAW, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, LOSS OF PROFITS, AND LOST REVENUE, WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT BOUNDLESS COMMERCE IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Aggregate Liability. BOUNDLESS COMMERCE AND ITS SUPPLIERS AND AFFILIATES WILL IN NO EVENT BE LIABLE IN AGGREGATE FOR MORE THAN THE TOTAL FEES ACTUALLY RECEIVED BY BOUNDLESS COMMERCE FROM YOU FOR THE SERVICES DURING THE 12-MONTH PERIOD BEFORE THE CLAIM OR CAUSE OF ACTION AROSE.
Multiple Claims; Time Limits. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE, SOFTWARE, OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CLAIM AND CAUSE OF ACTION WILL BE PERMANENTLY BARRED.
Jurisdictions; Limitations. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, DEATH, OR PERSONAL INJURY OR FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, THE LIABILITY OF BOUNDLESS COMMERCE AND ITS SUPPLIERS AND AFFILIATES FOR SUCH DAMAGES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATIONS OF LIABILITY SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS.
ACCEPTABLE USE POLICY
Lawful Purposes Only. You may use the Website and Services only for lawful purposes. You may not use the Website or Services or allow any third party to use the Website or Services for any purpose that is determined by Boundless Commerce, in its discretion, to be unlawful, invasive, infringing, obscene, offensive, defamatory or fraudulent, or to engage in, promote or encourage illegal activity.
Profanity. Your Materials (as defined in the Terms) may not contain any profane or otherwise inappropriate subject matter, as determined by Boundless Commerce at its discretion.
Private Information and Images. You may not post or disclose any personal or private information about, or images of, minors or any third party without the consent of such third party (or a parent’s or guardian’s consent in the case of a minor).
Violations of Third Party Rights. Your Materials may not violate or encourage the violation of the intellectual property rights, rights of privacy, rights of publicity, or other legal rights of any third party. Boundless Commerce may remove or block access to Your Materials upon receipt of a proper notice of copyright infringement.
Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, returning mailing information, and/or Internet protocol addresses to conceal or misidentifying the origin of a message is prohibited.
Viruses and Other Destructive Activities. You will not use the Website or Services, or allow any third party to use the Website or Services, for creating or sending Internet viruses, worms or Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature, or for pinging, flooding or mail bombing, or engaging in denial of service attacks. You will not engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Website or Services (or any connected network, system, service, or equipment) or conduct their business over the Internet.
Hacking. Hacking and related activities are prohibited. “Hacking” includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts, or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
Spam. You will not use the Website or Services or allow any third party to use the Website or Services to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisements, or other solicitations (“spam”).
Anonymous Proxies. Boundless Commerce does not allow the use of anonymous proxy scripts on its servers. You will not access or copy any portion of the Website or Services through any automated viewing, downloading, or crawling systems.
Child Pornography. The use of the Website or Services to store, post, display, transmit, sell, advertise or otherwise make available child pornography is prohibited. Boundless Commerce is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or transmitted through, the Website or Services.
Other Prohibited Activities. Engaging in any activity that, in Boundless Commerce’s discretion, actually or potentially disrupts, interferes with, competes with, or is harmful to the Website or Services, Boundless Commerce’s business, reputation, goodwill, customers and/or customer relations, or the ability of Boundless Commerce’s customers to effectively use the Website or Services, is prohibited. Your failure to cooperate with Boundless Commerce in correcting or preventing violations of the Terms by, or that result from the activity of, Your Users (as defined in Terms) constitutes a violation of the Terms by you.
Definition. "Confidential Information" refers to the business, technical, and financial information disclosed to one party (the "Receiving Party") by the other party (the "Disclosing Party") pursuant to these Terms. Confidential information includes all information marked by the Disclosing Party as confidential and any other information, whether written or oral, that the Receiving Party should reasonably understand is confidential to the Disclosing Party.
Obligations. The Receiving Party will: (i) hold the Confidential Information of the Disclosing Party in trust and confidence and not disclose or release the Confidential Information to any third party except as provided in these Terms; and (ii) not use the Confidential Information for any purpose except for the purposes described in these Terms. The disclosure of Confidential Information pursuant to these Terms is not intended in any way to transfer or grant any right, title, or interest in or to such Confidential Information to the Receiving Party unless otherwise expressly indicated by the Disclosing Party in writing.
Standard of Care. The standard of care imposed on each party under this section is the same degree of care it uses to prevent the unauthorized use, disclosure, or dissemination of its own Confidential Information of a similar nature, but not less than a commercially reasonable degree of care.
Limitation. Each party will only disclose the Confidential Information of the other party to its employees, consultants, and contractors ("Personnel") who have agreed, as a condition of employment, representation, or in a written agreement, to be bound by terms and conditions substantially as protective as those applicable to the Receiving Party under this section.
Exclusions. Confidential information does not include information that was(i)rightfully in the Receiving Party's possession prior to receipt from the Disclosing Party, (ii) a matter of public knowledge through no fault of the Receiving Party, (iii) rightfully furnished to the Receiving Party by a third party without restriction on disclosure or use, or (iv) independently developed by the Receiving Party without the use of or reference to the Disclosing Party's Confidential Information.
Requests for Confidential Information. A Receiving Party may disclose Confidential Information pursuant to a valid court order or Order of an authorized government agency, provided that (if not prohibited by law) the Receiving Party gives the Disclosing Party prompt notice so that the Disclosing Party may defend, limit, or protect against such disclosure, and the Receiving Party limits such disclosure to the Confidential Information subject to the applicable Order.
Survival. The provisions of this section will remain in effect for as long as the Confidential Information remains classified.
Backup Storage. Boundless Commerce periodically backs up data on its servers for its own operational efficiencies and purposes but is under no obligation to do so under these Terms or otherwise. IT IS YOUR SOLE DUTY AND RESPONSIBILITY TO BACK UP INDIVIDUALLY ANY FILES AND DATA THAT MAY RESIDE ON BOUNDLESS COMMERCE SERVERS. BOUNDLESS COMMERCE WILL NOT BE LIABLE TO YOU, YOUR USERS, OR ANY THIRD PARTY FOR ANY DAMAGES, UNDER ANY LEGAL THEORY, FOR LOSS OF FILES AND/OR DATA ON ANY BOUNDLESS COMMERCE SERVER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
No Assignment by You. You may not assign your rights or obligations under these Terms without Boundless Commerce's prior written consent, which Boundless Commerce may deny at its sole discretion. Any attempted assignment without Boundless Commerce's prior written consent will be invalid. At any time, Boundless Commerce may delegate its rights and/or obligations under these Terms. Subject to the foregoing, these Terms will bind and benefit the parties, as well as their respective successors and permitted assigns.
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of boundless-commerce.com.
- You further agree not to use the Website or Services:
- To harass, abuse, or threaten others or otherwise violate any person's legal rights.
- To violate any of our intellectual property rights or any third party.
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
- To perpetrate any fraud.
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
- To publish or distribute any obscene or defamatory material.
- To publish or distribute any material that incites violence, hate, or discrimination towards any group.
- To unlawfully gather information about others.
You agree that the Website and all Services provided by us are the property of Boundless Commerce, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Our IP"). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.
The terms below are incorporated into and form an integral part of the Boundless Commerce Terms of Service. Unless otherwise defined herein, capitalized terms shall have the meaning ascribed to them in terms of Service. Any breach of the terms below will be deemed a material breach of the Terms of Service.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Boundless Commerce and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former, or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by Boundless Commerce. Boundless Commerce reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Boundless Commerce in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The arbitration will take place in Denmark. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, the Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Denmark, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in such state and federal courts.
In no event shall any Dispute brought by either party related in any way to the site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
MODIFICATION & VARIATION
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you through your computer system or because of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.
LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you because of your use of the Website or Services to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
GOVERNING LAW AND JURISDICTION
This website originates from Denmark. The laws of Denmark. Without regard to its conflict of law, principles will govern these terms to the contrary. You hereby agree that all disputes arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of Denmark. By using this website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of these terms. You hereby waive any right to trial by jury arising out of these terms.
If any provision of these Terms and conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and any modifications must be in writing, signed by both parties, except as otherwise provided herein.
If you would like to contact us to understand more about terms or wish to contact us concerning any matter, you may do so via the contact us or email us at email@example.com.
This document was last updated on October 6, 2022
If you require any more information or have any questions about our site’s disclaimer, please feel free to contact us.
Boundless Commerce makes no guarantees, representations, or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms, and conditions are excluded to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind.
- You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk
- The information contained on this website is for general information purposes only. The information is provided by Boundless Commerce, and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is, therefore, strictly at your own risk.
- In no event will we be liable for any loss or damage, including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
- Through this website, you can link to other websites which are not under the control of Boundless Commerce. We have no control over the nature, content, and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Boundless Commerce takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Limitation of Warranties
The information on this website is provided “as is” without any representations or warranties, express or implied. Boundless Commerce makes no representations or warranties.
- Without prejudice to the generality of the foregoing paragraph, Boundless Commerce does not warrant that:
- The information regarding Services on this website will be constantly available or available at all.
- The information on this website is complete regarding Different Services, true, accurate, up-to-date, or non-misleading.
Please be also aware that when you leave our website, other sites may have different privacy policies and terms that are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their “Terms of Service” before engaging in any business or uploading any information.
By using our website, you hereby consent to our disclaimer and agree to its terms.