1.1. Your use of MicroMerchant's products, software, information, writings, services and web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by MicroMerchant under a separate written agreement) is subject to the terms of a legal agreement between you and MicroMerchant. "MicroMerchant" means Mark Gealy, an individual, whose principal place of business is in Stockton, California, addressed as PO Box 4823, Stockton, CA 95204, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

1.2. Unless otherwise agreed in writing with MicroMerchant, your agreement with MicroMerchant will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms".

1.3. Your agreement with MicroMerchant will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

1.4. The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and MicroMerchant in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".

1.5. If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

2.1. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2. You can accept the Terms by:

2.3. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with MicroMerchant, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services, or (c) you are, or have been during the past 2 years, an employee, contractor, agent, or consultant of eBay, Inc. or of any it's subsidiaries or of any entity that eBay owns in whole or in part whether directly or indirectly.

2.4. Before you continue, you should print off or save a local copy of the Universal Terms for your records.

3.1. MicroMerchant is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which MicroMerchant provides may change from time to time without prior notice to you.

3.2. As part of this continuing innovation, you acknowledge and agree that MicroMerchant may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at MicroMerchant's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform MicroMerchant when you stop using the Services.

3.3. You acknowledge and agree that if MicroMerchant disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

3.4. In order to access certain Services, you may be required to pay a subscription fee for a term of use. If MicroMerchant terminates your paid subscription before the end of its term, the subscription fee will be prorated accordingly and MicroMerchant will credit the unused portion to you.

3.5. In order to access certain Services, you may be charged fees for variable usage of the Service. The exact fees will be specified in the Additional Terms for the Service.

3.6. If you pay for variable usage in advance and your actual usage is less than the amount paid for, the unused portion of the payment is refundable to you.

3.7. If you pay for variable usage after usage, a bill for the fees owed will be presented to you from time to time and you agree to pay the bill to MicroMerchant within 21 days of its presentation. If the bill is not paid within that time, you agree that MicroMerchant may disable your access to some or all services until the bill is paid.

3.8. You acknowledge and agree that while MicroMerchant may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by MicroMerchant at any time, at MicroMerchant's discretion.

4.1. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to MicroMerchant will always be accurate, correct and up to date.

4.2. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

4.3. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by MicroMerchant, unless you have been specifically allowed to do so in a separate agreement with MicroMerchant. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

4.4. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

4.5. Unless you have been specifically permitted to do so in a separate agreement with MicroMerchant, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

4.6. You agree that you are solely responsible for (and that MicroMerchant has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which MicroMerchant may suffer) of any such breach.

5.1. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

5.2. Accordingly, you agree that you will be solely responsible to MicroMerchant for all activities that occur under your account.

5.3. If you become aware of any unauthorized use of your password or of your account, you agree to notify MicroMerchant immediately at support@micromerchantgazette.com.

6.1. For information about MicroMerchant's data protection practices, please read MicroMerchant's privacy policy at http://www.MicroMerchant.com/privacy.html. This policy explains how MicroMerchant treats your personal information, and protects your privacy, when you use the Services.

6.2. You agree to the use of your data in accordance with MicroMerchant's privacy policies.

7.1. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".

7.2. You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to MicroMerchant (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by MicroMerchant or by the owners of that Content, in a separate agreement.

7.3. You agree that you are solely responsible for (and that MicroMerchant has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which MicroMerchant may suffer) by doing so.

8.1. You acknowledge and agree that MicroMerchant (or MicroMerchant's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by MicroMerchant and that you shall not disclose such information without MicroMerchant's prior written consent.

8.2. Unless you have agreed otherwise in writing with MicroMerchant, nothing in the Terms gives you a right to use any of MicroMerchant's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

8.3. If you have been given an explicit right to use any of these brand features in a separate written agreement with MicroMerchant, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and MicroMerchant's brand feature use guidelines as updated from time to time.

8.4. Other than the limited license set forth in Section 10, MicroMerchant acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with MicroMerchant, you agree that you are responsible for protecting and enforcing those rights and that MicroMerchant has no obligation to do so on your behalf.

8.5. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

8.6. Unless you have been expressly authorized to do so in writing by MicroMerchant, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

9.1. MicroMerchant gives you a personal, worldwide, royalty-free, revocable, non-assignable and non-exclusive license to use the software provided to you by MicroMerchant as part of the Services as provided to you by MicroMerchant (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by MicroMerchant, in the manner permitted by the Terms.

9.2. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by MicroMerchant, in writing.

9.3. Unless MicroMerchant has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

10.1. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give MicroMerchant a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling MicroMerchant to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

10.2. Some Services which you may elect require that MicroMerchant make your Content available to other companies, organizations or individuals. For example, you may elect to have your content provided to Internet search engines or to online selling venues. You agree that this license includes a right for MicroMerchant to use and make such Content available to other parties in connection with the provision of services to you.

10.3. You agree that this license includes a right for MicroMerchant to gather statistics or factual details ("Derived Content") from your Content or service usage, and to make Derived Content available to other companies, organizations or individuals with whom MicroMerchant has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

10.4. You understand that MicroMerchant, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit MicroMerchant to take these actions.

10.5. You confirm and warrant to MicroMerchant that you have all the rights, power and authority necessary to grant the above license.

11.1. The Software which you use may automatically download and install updates from time to time from MicroMerchant. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit MicroMerchant to deliver these to you) as part of your use of the Services.

12.1. The Terms will continue to apply until terminated by either you or MicroMerchant as set out below.

12.2. If you want to terminate your legal agreement with MicroMerchant, you may do so by (a) notifying MicroMerchant at any time and (b) closing your accounts for all of the Services which you use, where MicroMerchant has made this option available to you. Your notice should be sent, in writing, to MicroMerchant's address which is set out at the beginning of these Terms.

12.3. MicroMerchant may, at any time and without prior notice, terminate its legal agreement with you for any reason or for no reason. MicroMerchant may give you notice of termination by email, regular mail, or by posting on the Service.

12.4. Nothing in this Section shall affect MicroMerchant's rights regarding provision of Services under Section 3 of the Terms.

12.5. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and MicroMerchant have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 18.6 shall continue to apply to such rights, obligations and liabilities indefinitely.

13.1. NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT MICROMERCHANT'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

13.3. IN PARTICULAR, MICROMERCHANT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

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

13.5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MICROMERCHANT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

13.6. MICROMERCHANT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

14.1. SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MICROMERCHANT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

14.2. THE LIMITATIONS ON MICROMERCHANT'S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT MICROMERCHANT HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

15.1. Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

15.2. The manner, mode and extent of advertising by MicroMerchant on the Services are subject to change without specific notice to you.

15.3. In consideration for MicroMerchant granting you access to and use of the Services, you agree that MicroMerchant may place such advertising on the Services.

16.1. The Services may include hyperlinks to other web sites or content or resources. MicroMerchant may have no control over any web sites or resources which are provided by companies or persons other than MicroMerchant.

16.2. You acknowledge and agree that MicroMerchant is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

16.3. You acknowledge and agree that MicroMerchant is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

17.1. MicroMerchant may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, MicroMerchant will make a new copy of the Universal Terms available at https://www.micromerchantgazette.com/widgets/Terms.php and any new Additional Terms will be made available to you from within, or through, the affected Services.

17.2. You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, MicroMerchant will treat your use as acceptance of the updated Universal Terms or Additional Terms.

18.1. The Terms constitute the whole legal agreement between you and MicroMerchant and govern your use of the Services (but excluding any services which MicroMerchant may provide to you under a separate written agreement), and completely replace any prior agreements between you and MicroMerchant in relation to the Services.

18.2. You agree that MicroMerchant may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

18.3. You agree that if MicroMerchant does not exercise or enforce any legal right or remedy which is contained in the Terms (or which MicroMerchant has the benefit of under any applicable law), this will not be taken to be a formal waiver of MicroMerchant's rights and that those rights or remedies will still be available to MicroMerchant.

18.4. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

18.5. No person or company shall be a third party beneficiary to the Terms.

18.6. The Terms, and your relationship with MicroMerchant under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and MicroMerchant agree to submit to the exclusive jurisdiction of the courts located within the county of San Joaquin, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that MicroMerchant shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.