You agree that FairTradeAuthotity.com (FTA) may modify this Agreement and the Services from time to time. You agree to be bound by any changes FTA may reasonably make to this Agreement when such changes are made. If You have purchased services or software from FTA , the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Software or Services. In the event You terminate Your usage, FTA will not refund any amounts You have paid. You agree that FTA shall not be bound by any representations made by third parties who You may use to purchase Services from FTA , and that any statement of a general nature, which may be posted on FTA ’s Web site or contained in FTA ’s promotional materials, will not bind FTA . FTA may, at times, offer certain promotions with different charges and features.
You agree that You will be responsible for notifying FTA should You desire to terminate Your use of FTA 's Services. Notification of Your intent to terminate must be provided to FTA no earlier than 10 days prior to Your billing date but no later than three days prior to Your billing date.
You agree to maintain accurate information by providing updates to FTA , as needed, while You are using FTA ’s Services. You agree You will notify FTA within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by FTA to determine the validity of information provided by You will constitute a material breach of this Agreement.
We will not give any information about you to others without your express permission.
Our site uses forms in which you give us contact information (your name, address, daytime telephone number, and email address) so you can place orders, request information and support, and make product suggestions. We will then create an account number for you and if you choose to order from us using a credit card, we will collect your credit card number and expiration date. If you contact us for support, we will keep an internal record of what support was given. We use your customer information only when it will be important for us to contact you regarding functionality changes to our products, our web site, new FTA services, and special offers we think you'll find valuable. If you would rather not receive this information, please see the "Updating Your Information" section below on how to change your preferences. If we present a co-branded offer with our partners or affiliates, it will be clear at the point of collection who is collecting the information and whose privacy statement applies.
We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.
On rare occasions, one of our partners may require us to share your personal information with them. We will only do so with your explicit permission first.
You agree You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify FTA immediately of any unauthorized use of Your account or any other breach of security. You agree FTA will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. You further agree You could be held liable for losses incurred by FTA or another party due to someone else using Your account or password. For security purposes, You should keep account access information in a secure location and take precautions to prevent others from gaining access to Your user name and password. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. FTA specifically disclaims liability for any activity in Your account, whether authorized by You or not.
No Unlawful Conduct or Improper Use
As a condition of Your use of FTA ’s Software and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to FTA if, for any reason, FTA takes corrective action with respect to Your improper or illegal use of its Services.
FTA reserves the right at all times to disclose any information as FTA deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FTA 's sole discretion.
If You have purchased Services, FTA has no obligation to monitor Your use of the Services. FTA reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. FTA reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever.
FTA reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against FTA or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. FTA may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.
FTA may also cancel Your use of the Services, after thirty (30) days, if You are using the Services in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm minors in any way. In the event FTA cancels Your Services during the first thirty (30) days after You purchased the Services, You will receive a refund of any fees paid to FTA in connection with the Services being cancelled. In the event FTA deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to FTA if, for any reason, FTA takes corrective action with respect to Your improper or illegal use of its Services.
You agree FTA may immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then You agree to pay FTA liquidated damages of $1 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your account, otherwise You agree to pay FTA 's actual damages. You acknowledge You have read and understand and agree to be bound by the terms and conditions of FTA ’s Anti-spam Policy, available here . Such terms and conditions are applicable to the use of all FTA Software and Services and are incorporated herein
Pay By PayPal
By using FTA ’s pay by PayPal, Inc. (“PayPal”) option (“Pay by PayPal”), You can purchase FTA Software and Services using PayPal. In consideration for the Software and Services purchased by You and provided to You by FTA , You agree to allow PayPal to debit the full amount of this transaction from Your PayPal account balance or the Preferred Funding Source You established with PayPal, which is non-refundable.
It is Your responsibility to keep Your PayPal Account current, and to have available funds in it. You agree that PayPal and FTA will not be responsible for payments that fail to go through as a result of Your Funding Source no longer existing, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the Services provided, You agree that PayPal and FTA may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, You will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from Your account by PayPal or charged to Your Preferred Funding Source.
By clicking the box labeled “I agree” to the terms of the Pay by PayPal terms, You authorize the information provided to be used for the creation of an electronic funds transfer (EFT), and You authorize a debit of THE FULL AMOUNT of Your order from Your PayPal Account or Preferred Funding Source.
Merchant Membership Agreement
All registered domains and auctioners agree to proudly display the FTA logo on the registered web site and/or auctions. By displaying the FTA logo and/or using the FTA services, you agree that you as a certified FTA merchant, will always put your best efforts in resolving any and all consumers complaints brought to your attention either directly by the consumer or by FTA itself. Any merchants registered with FTA who are found to be acting in fraudulent, illegal activities will be removed from the FTA services without refund of any monies paid. If a domain/website is certified and for some reasons the domain/website is sold to a thrirdy party, the certified domain/website owner agrees to inform FTA that the domain/website has been sold and that certification is void. The FTA certification, logos, or any parts of this agreement are non-transferrable.
Limitation of Liability
IN NO EVENT SHALL FTA BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF FTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer of Warranties
FTA expressly disclaims 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. Services are provided on an "As Is" and "As Available" basis. FTA makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. FTA does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.
You agree to defend, indemnify and hold harmless FTA and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with FTA whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from FTA or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold FTA harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should FTA be notified of a pending law suit, or receive notice of the filing of a law suit, FTA may seek a written confirmation from You concerning Your obligation to indemnify FTA . Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that FTA shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify FTA of any such claim promptly in writing and to allow FTA to control the proceedings. You agree to cooperate fully with FTA during such proceedings.
You agree to cooperate fully with FTA during such proceedings. You agree You will not be entitled to a refund of any fees paid to FTA if, for any reason, FTA takes corrective action with respect to Your improper or illegal use of its services. You also agree that if FTA is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Traffic Facts account of Yours with FTA , that FTA , in its sole discretion, may take whatever action FTA deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
Governing Law, Venue
This agreement shall be deemed entered into in the city of London, United Kingdom
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
The failure of FTA to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of FTA thereafter to enforce such provisions.
FTA will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold FTA liable for any of the consequences of such interruptions.
No Thirdy Party Beneficiaries
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.