Our Terms

You agree to abide by...

The following Terms of Service outline your obligations when using the Merchant's Mirror™ (MM) website. You can also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.

1. ACCEPTANCE OF TERMS
The web pages available at merchantsmirror.com, and all linked pages ("Site"), are owned and operated by Firelace, Inc. ("Firelace"), a North Carolina corporation, and is accessed by you under the Terms of Service (TOS) described below.

PLEASE READ THESE TOS CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. FIRELACE'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY FIRELACE, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

2. MODIFICATIONS OF TERMS OF SERVICE
Firelace reserves the right, at its sole discretion, to modify or replace the TOS at any time. If the alterations constitute a material change to the TOS, Firelace will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at Firelace's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the TOS as modified.

3. DESCRIPTION OF SERVICE
Subject to full compliance with the TOS, Firelace may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content Firelace performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). Firelace may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Firelace may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

4. YOUR REGISTRATION OBLIGATIONS
As a condition to using Services, you are required to register upon Merchant's Mirror™ with a valid e-mail (LOGIN) and select a password. You shall provide Firelace with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the TOS, which may result in immediate termination of your Merchant's Mirror™ account.

You may not (i) select or use the LOGIN of another person with the intent to impersonate that person; (ii) use as a LOGIN a name subject to any rights of a person other than you without appropriate authorization. Firelace reserves the right to refuse registration of, or cancel a LOGIN in its discretion. You shall be responsible for maintaining the confidentiality of your Merchant's Mirror™ password.

Services are available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.

5. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By uploading, submitting or otherwise disclosing or distributing Content for display or inclusion on the Site, you represent and warrant that you own all rights in the Content and you agree that the Content will not be used for any other purposes than your business financial use unless voluntarily submitted for Service use on the Site. For clarity, the foregoing does not apply to the Content on any external sites to which the Services link.

6. MERCHANT'S MIRROR PRIVACY POLICY
Merchant's Mirror™'s current privacy policy is available at merchantsmirror.com/privacy.php (the "Privacy Policy"), which is incorporated by this reference.

7. INDEMNITY
You will indemnify and hold harmless Firelace, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the TOS by you, or the infringement by you, or any third party using your account or LOGIN, of any intellectual property or other right of any person or entity.

8. LIMITATION OF LIABILITY
IN NO EVENT SHALL Firelace OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

9. BANKING, BILLING OR OTHER ONLINE SERVICES
Access to Online Banking, Online Payment, and any other financial services available is provided by your financial institution and not Firelace. You agree not to hold Firelace liable for any loss or damage of any sort incurred as a result of any such dealings with any services provided by your financial institution. Your access may be limited from time to time, depending on the service provided by your Internet service provider or your financial institution. You may be billed for these Online Services by your financial institution, not Firelace, and such financial institution may have its own service agreement which will govern the Online Services it provides. You agree to be responsible for all telephone charges associated with your Internet and online service usage.

10. TERMINATION
Firelace may terminate or suspend any and all Services and your Merchant's Mirror™ account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Service. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Merchant's Mirror account, you may simply discontinue using the Services. All provisions of the TOS which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

11. MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and you do not have any authority of any kind to bind Firelace in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Firelace shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Firelace's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the TOS is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable. The Terms of Service is not assignable, transferable or sublicensable by you except with Firelace's prior written consent. Firelace may transfer, assign or delegate the Terms of Service and its rights and obligations without consent. The TOS shall be governed by and construed in accordance with the laws of the state of North Carolina, as if made within North Carolina between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Guilford County and the United States District Court for the Middle District of North Carolina. Notwithstanding the foregoing sentence, (but without limiting Firelace's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS, The Resolution Experts. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Greensboro, North Carolina using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the TOS, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the TOS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the TOS, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

12. TRADEMARKS
Firelace, Merchant's Mirror™, and other Firelace graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Firelace in the U.S. and/or other countries. Firelace's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available in the Merchant's Mirror™ icon pack may used by partner and third party sites in connection with providing appropriate links to the Merchant's Mirror™ site.

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