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Terms of Service

  1. Definitions

    "We" refers to Aten Software LLC. "You" refers to the person or company subscribing to this service and agreeing to these terms. "Content" refers to all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted. "Engine" is any recipient of Content, such as a shopping price comparison engine or affiliate marketing network.

    By using our services, you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the "Terms of Service"). We may update the Terms of Service without notice to you, and you are responsible for checking the most current version of the Terms of Service at http://www.atensoftware.com/p10.php.

    You must be at least 18 years of age to open an account. Where applicable, the laws of the State of Michigan shall apply. Aten Software LLC reserves the right to refuse service to anyone at any time without notice for any reason.

  2. Free Trial

    New accounts will receive a starting credit as indicated on our website pricing page. Only one free trial per customer is allowed. The free trial credit is non-refundable.

  3. Notice

    You agree that we may provide you with notices, including those regarding changes to the Terms of Service, by email. You agree to receive all such notices via email, and that we are under no obligation to contact you via other means.

    You agree to provide and maintain a valid, regularly checked email address. If your email provider supports whitelists, please whitelist emails from this domain, e.g. *@atensoftware.com.

  4. Pricing

    Our pricing structure may be changed from time to time. Please see our website pricing page for current pricing.

    Payment for services must be made in advance by funding your account. See the website for pricing information.

    Each processing task may or may not have a fee associated with it. For processing tasks with a fee, your account is temporarily debited when the processing task begins execution. Processing tasks will not be executed if your account has insufficient available credit. If the task completes successfully, then the temporary debit is converted to a permanent debit. Otherwise, the temporary debit is stricken from your account and there is no charge. For example, there is no charge if a processing tasks fails due to a technical error, such as a network timeout or software glitch. There is also no charge if a processing task is skipped.

    No refund will be issued if the data is successfully uploaded to the destination server in the correct format, but the recipient does not accept, approve, or process, in whole or in part, the submitted data.

  5. Task Scheduling

    The system uses an automated task scheduler. Although you may manually submit a request for processing a task at any time, the system will decide when to actually execute it. Scheduled (not user-initiated) tasks will be executed on the specified schedule, but the time of day may vary. Generally, scheduled tasks will be run in the early morning hours.

  6. Proprietary Rights and Content

    This service does not and can not affect in any way the Content in your Yahoo! Store(s). However, once retrieved, the Content may be altered, truncated, or deleted to meet conformance requirements before submission to engines.

    You may delete your Content from our system at any time. We claim no ownership or control over any Content submitted by you through our service. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit through our service and you are responsible for protecting those rights, as appropriate. While the Content is in our system and/or publicly exported on your store website, we may make your product data searchable, make it available to other engines, or otherwise analyze or syndicate it.

    All copyrights and trademarks used in this site and in Content belong to their respective owners. Otherwise, all material in this site is copyright to Aten Software LLC, with all rights reserved.

  7. Reliability

    Processing tasks will be executed according to the user selected schedule on an as available basis. Tasks may fail for various reasons, such as network outages, power outages, server crashes, software flaws, etc. Failures may occur on our server(s), any provider server(s), or any intermediate server(s) or network.

    If a scheduled task fails due to a temporary factor (such as network error) then we may, at our discretion, retry the task. No task shall be considered time-sensitive or real-time. However, repeated task failures will be analyzed and promptly corrected.

  8. Verification

    The debit to your account on the date of the processing task shall constitute the minimum evidence to prove that the processing task was executed successfully. We may, entirely at our option, keep additional records of processing task execution.

  9. Third-Party Provider Policies

    USAGE OF THIS SERVICE IS NOT A GUARANTEE THAT YOUR PRODUCTS WILL BE LISTED IN OR ACCEPTED BY AN ENGINE. It is your responsibility to conform to all applicable participation rules of your third-party service providers, e.g. Yahoo Store, Google, and Shopping.com.

  10. Termination

    You may cancel your service at any time by changing your account status to "Deactivated". If you have remaining credit, you may also request a full refund. The refund will be granted within thirty days of clearing of your last payment. No credit under $1.00 will be refunded under any circumstances. Any free trial credit will not be refunded.

    We reserve the right to terminate and/or refuse service to anyone at any time without notice for any reason, including, but not limited to, non-payment, placing unreasonable load on the server, suspicious or malicious site activity, opening multiple accounts to obtain free trials, and violation of third-party provider policies.

    Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Aten Software LLC customer, employee, member, or officer will result in immediate termination of your account.

    We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of service.

  11. Abandonment

    Your account will be deemed abandoned if messages to your email address of record are returned to sender with permanent errors. Your account will also be deemed abandoned due to inactivity if more than six months passes without a successful login or account activity. Before your account is deactivated due to inactivity, you will receive notices reminding you to log in and continue service.

    Abandoned accounts will be deactivated. Deactivated account data (settings, account history, Content, etc.) may be permanently deleted from the live system one year after deactivation. Otherwise, accounts may be reactivated at any time.

  12. Privacy Policy

    Your personal information will not be sold, rented, or traded with any third parties, and will only be used to service your account. We do not store or collect credit card or other financial information. Your store information may be featured on our clients page.

  13. Disclaimers

    1. This is not a backup service. Any Content, account information, or settings stored in our system shall be considered temporarily stored.

    2. This is not a banking service. Account credit will not earn interest and has no cash value. Available credit is only good toward the execution of processing tasks. Payments to fund your account should be treated as service expenditures at the time of payment.

    3. USAGE OF THIS SERVICE IS NOT A GUARANTEE THAT YOUR PRODUCTS WILL BE ACCEPTED FOR INCLUSION IN ANY ENGINE. WE DO NOT GUARANTEE THE TIMELINESS OR THE ACCEPTANCE OF YOUR PRODUCTS BY THE ENGINE. IN ADDITION, IF YOUR PRODUCTS ARE ALREADY INCLUDED IN AN ENGINE, WE DO NOT GUARANTEE THAT THE ENGINE WILL CONTINUE TO INCLUDE THEM. WE DISCLAIM THAT SUBSCRIBING TO THIS SERVICE WILL INCREASE OR DECREASE YOUR REFERRALS, SITE TRAFFIC, SALES REVENUE, RETURN ON INVESTMENT, OR ANY OTHER SALES METRICS, WHETHER OR NOT YOUR PRODUCTS ARE INCLUDED IN AN ENGINE. NO REFUND WILL BE GRANTED FOR SUCCESSFUL COMPLETION OF PROCESSING TASKS FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, CIRCUMSTANCES WHERE THE ENGINE FAILS TO ACCEPT, IN WHOLE OR IN PART, THE SUBMITTED DATA.

  14. INDEMNITY

    You agree to hold harmless and indemnify us from and against any third party claim arising from or in any way related to your use of our services, violation of these Terms of Service or any other actions connected with use of our services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit or action.

  15. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    1. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    2. WE MAKE NO WARRANTY THAT (i) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

  16. LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR SERVICES; (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 OUR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (v) ANY OTHER MATTER RELATING TO OUR SERVICES.