Terms of Service
Reaction Commerce, Inc. (hereafter also referred to as “Reaction Commerce,” “we,” “our” and “us”) has created Reaction Commerce, a commerce platform that’s designed to make it easier than ever for businesses to build and maintain an online shop. By signing up for the Reaction Commerce, or any of the services and products of Reaction Commerce, you are agreeing to be bound by the following Terms of Service (“Terms of Service”). The following Terms of Service applies to your use of the Reaction Commerce PaaS, products, services, and open source code. In the event of conflict between these Terms of Service and the Reaction Commerce MSA (“MSA”), these Terms of Service shall control, but only to the extent of such conflict.
By accessing, using, subscribing, purchasing or downloading any materials or content from Reaction Commerce’ website and services, including reactioncommerce.com, blog.reactioncommerce.com, docs.reactioncommerce.com, our Reaction Commerce services, and any such sub-domains and services offered therefrom (collectively referred to as the “Websites” or “Services”), you agree to follow and be bound by the following terms (the “Agreement”). If you believe our Terms of Service are violated, please contact us immediately at email@example.com. This Agreement will evolve as our ecosystem continue to innovate and find new, creative ways to use Reaction Commerce, so please check back periodically to see the current version. Don’t do anything prohibited by this Agreement, and talk to us if you think we should make a change or give you an exception.
Acceptance of Terms
Responsibility of Website Visitors
Reaction Commerce has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Reaction Commerce does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional Terms of Service, stated or unstated. Reaction Commerce disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Reaction Commerce links, and that link to Reaction Commerce. Reaction Commerce does not have any control over those non-Reaction Commerce websites and webpages, and is not responsible for their contents or their use. By linking to a non-Reaction Commerce website or webpage, Reaction Commerce does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Reaction Commerce disclaims any responsibility for any harm resulting from your use of non-Reaction Commerce websites and webpages.
Links to Other Websites
The Website may contain links to other websites which may be of interest to you. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by us. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature. We do not accept responsibility for those sites. Accessing any such links from our site to gain access to other websites is at your own risk.
Client Account Access and Use
In order to utilize certain Products, you may need to create a Reaction Commerce account. You agree to (a) provide accurate, truthful, current and complete information when creating your account; (b) maintain and promptly update your account information; (c) maintain the security of your account by not sharing your username or password with others and restricting access to your account and your computer; (d) promptly notify us if you discover or otherwise suspect any security breaches relating to the Website or your account; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access. You also agree that (a) Reaction Commerce is not acting on your behalf as a Business Associate or subcontractor; (b) the Service may not be used to store, maintain, process or transmit protected health information (“PHI”) and (c) the Service will not be used in any manner that would require Magento or the Service to be compliant with the Health Insurance Portability and Accountability Act of 1996, as amended and supplemented (“HIPAA”). In the preceding sentence, the terms “Business Associate,” “subcontractor,” “protected” health information” or “PHI” shall have the meanings described in HIPAA.
Except as expressly authorized in the Agreement, You shall not and shall not permit any third party to: (a) copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Services or any part thereof or otherwise attempt to discover any source code or modify the Services in any manner or form; (b) access or use the Product to circumvent or exceed Services Account limitations or requirements; (c) use the Products for the purpose of building a similar or competitive product or service, (d) obtain unauthorized access to the Products (including without limitation permitting access to or use of the Products via another system or tool, the primary effect of which is to enable input of requests or transactions by other than authorized Users); (e) use the Products in a manner that is contrary to applicable law or in violation of any third party rights of privacy or intellectual property rights; (f) publish, post, upload or otherwise transmit Customer Content that contains any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another; (g) use or permit the use of any tools in order to probe, scan or attempt to penetrate or benchmark the Services with the exception of tools necessary to validate the performance or security of the Your Site(s). You shall comply with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions in connection with its use of the Services, including without limitation those related to privacy, electronic communications and anti-spam legislation.
From time to time, we may apply upgrades, patches, bug fixes or other maintenance to the Products and Services (“Maintenance”) and you agree to use reasonable efforts to comply with any Maintenance requirements that we notify you about. We agree, wherever reasonably possible, to give twenty-four (24) hours notice of suspension of the Reaction Commerce Service affected by the proposed suspension.
Confidentiality of Codes, Passwords, and Information
You agree to treat as strictly private and confidential any user ID and related password which you may have received required for entry to any tool or service that we provide and all information to which you have access through password-protected areas and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.
Copyright Infringement and DMCA Policy
As Reaction Commerce asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Reaction Commerce at the contact listed below. In the event we receive proper notification of claimed copyright infringement, the response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and possibly terminating your account and/or the right to use our site. In the case of such termination, Reaction Commerce will have no obligation to provide a refund of any amounts previously paid to Reaction Commerce. A user who materially misrepresents that material is infringing will be liable for the costs incurred by us and our associated persons, including attorney fees. Accordingly, if you are uncertain whether you are or you represent the proper copyright holder or if copyright laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense. Any copyright infringement notification must be a written communication, transmitted by email or regular mail, setting forth the following:
* a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
* detailed identification of the copyrighted work claimed to have been infringed;
* identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
* your contact information, including your address, telephone number, and an email address;
* a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
* and a statement that the information in the notification is accurate, and, under penalty of perjury, thatyou are authorized to act on behalf of the copyright owner.
Copyright Infringement Notifications should be addressed as follows: firstname.lastname@example.org.
Domestic and Foreign Use
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the Terms of Service herein. Unpublished-rights reserved under the copyright laws of the United States.
Intellectual Property Rights
Except where expressly stated otherwise, Reaction Commerce, Inc. is the owner or the licensee of all intellectual property rights located on the Website, in the materials published or otherwise made available through its Services. Those works, marks or inventions are protected by copyright, patent and trademark laws and treaties around the world and may not be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, unless expressly permitted by us. Except where expressly provided otherwise by us, nothing on our site may be construed to confer any license or ownership right in or materials published or otherwise made available through our site or our services, whether by estoppel, implication, or otherwise. All rights not granted to you in these terms are reserved.
Reaction Commerce reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Reaction Commerce may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the Terms of Service of this Agreement.