You agree to abide by...
The following Terms of Service outline your obligations when using the Merchant's
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
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.
incorporated by this reference.
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.
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
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.
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.