E-Commerce Terms and Conditions
Please read these Terms and Conditions carefully. We reserve the right to amend
and update these Terms and Conditions at any time without notice.
Last updated: December 22, 2004
1. All software (web-based or otherwise) designed or supplied by
Frogsmart.com, Linked.to, or its affiliates hereafter known as
"Frogsmart" is provided on an "as is", "as available" basis.
2. Neither this agreement or any other document furnished under
it is intended to express or imply any warranty or guarantee
of dependability, accuracy, security, timeliness, availability,
merchantability of fitness for a particular purpose, suitability,
or completeness of product.
3.1 You are deemed to have a direct commercial relationship with
each third party that purchases goods or services from or
undertakes any other transaction with you via the software.
3.2 You are solely responsible for: filling customer orders and/or
responding to requests made through your site; verifying that
incoming orders are valid; providing all customer support related
to collected orders and other requests; providing all customer
support related to such orders or transactions, and determining,
collecting and remitting to the appropriate authority all taxes (if
any) arising from or related to such orders or transactions.
3.3 Our Shopping Cart software is provided as a method of collecting
orders from your customers. We are not responsible for fulfilling
any collected orders or providing support to any of your customers.
4. You are solely responsible for maintaining and backing-up any
information regarding the operation or use of your Web site,
including content, order records, contact information, and
other information you are using in connection with your use
of our services. Although Frogsmart may decide to backup data
occasionally, such backups may be incomplete or incorrect and
shall in no way be interpreted as a commitment to make or retain,
or secure any future or existing backup.
5. Frogsmart is not liable for any damages including but not limited to
loss of profits or goodwill caused by bugs, loss of data, interruptions
in service, downloaded viruses, incorrect or stolen data, delays in
transmission, or omissions.
6. Frogsmart's liability is limited to the most recent month's payment plus
any setup charges paid within the 60 days prior to notification to