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TERMS OF SERVICE

Before using our website and services, please carefully read these Terms of Service (hereinafter referred to as "Terms"). By accessing or using any part of our services, you agree to be bound by these Terms.

1. Account Responsibilities

1.1 Account Creation

To use BackerFlow Fulfillment’s services, you are required to create an account. You must provide accurate, complete, and up-to-date information during registration. You are solely responsible for maintaining the confidentiality of your account information, including your username and password. You agree to notify us immediately of any unauthorized access to your account.

1.2 Account Security

We will not be liable for any loss or damage arising from your failure to maintain the security of your account or for any unauthorized use of your account.

2. Services and Usage

2.1 Service Description

BackerFlow Fulfillment provides fulfillment services, including product storage, order processing, shipping, and related services. The services are provided on an “as is” and “as available” basis. We do not guarantee that the services will meet your requirements or be uninterrupted, error-free, or secure.

2.2 Prohibited Use

You agree not to misuse the services in any way, including but not limited to:

  • Engaging in illegal activities or using the services for unlawful purposes.
  • Violating intellectual property rights of BackerFlow Fulfillment or third parties.
  • Circumventing or attempting to bypass any security measures.
  • Sending unsolicited communications or spam.

3. Payment and Fees

3.1 Service Fees

You agree to pay all fees and charges associated with your use of BackerFlow Fulfillment services in accordance with the pricing and payment terms published on our website or as otherwise agreed upon. Fees are subject to change at any time. All payments must be made in the currency specified by BackerFlow Fulfillment.

3.2 Late Payments and Suspension

If payment is not received by the due date, BackerFlow Fulfillment reserves the right to suspend or terminate your access to services. Continued non-payment may result in additional fees or legal action.

4. Limitation of Liability

4.1 General Limitation

To the fullest extent permitted by law, BackerFlow Fulfillment shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, business interruption, or other intangible losses arising out of your use or inability to use the services.

4.2 No Warranty

BackerFlow Fulfillment makes no warranties, whether express or implied, about the accuracy, reliability, or availability of the services. We do not guarantee that the service will be uninterrupted, timely, secure, or error-free.

4.3 Indemnity

You agree to indemnify, defend, and hold harmless BackerFlow Fulfillment and its affiliates, officers, directors, employees, and agents from any claims, losses, damages, liabilities, costs, or expenses (including attorney’s fees) arising from your violation of these Terms, your misuse of the services, or your violation of any third party’s rights.

5. Intellectual of Your Data

5.1 Ownership of Your Data

  • Retention of Rights: You maintain full ownership of all data, content, and materials (collectively referred to as "Data") that you upload to the BackerFlow Fulfillment Service. Your Data remains exclusively yours, and we do not require any intellectual property rights to it.
  • Account Deletion: You can delete your BackerFlow Fulfillment Store at any time by removing your account, which will also delete your associated Data.

5.2 Agreements Upon Uploading Data

By uploading Data to your Store, you agree to the following:

  • Public Accessibility: If you choose to set your Store to public, you consent to allowing other internet users to view the Data you post publicly. This means that anyone can access and see the content you choose to share.
  • License to BackerFlow Fulfillment: You grant BackerFlow Fulfillment a non-exclusive, worldwide, royalty-free license to store, display, and utilize your Data, specifically for any Data that is publicly posted. This is necessary for us to provide and enhance our services effectively.
  • Review Rights: You acknowledge that BackerFlow Fulfillment has the right to review and, if necessary, remove any Data submitted to its Service. While we have the discretion to do so, we are not obligated to review all Data.

5.3 Compliance Responsibilities

You are responsible for ensuring that your Data complies with all applicable laws and regulations. This includes, but is not limited to, copyright laws, trademark laws, and privacy regulations. Any infringement of third-party rights related to your Data may result in legal consequences for which you are solely liable.

5.4 Use of Your Brand Elements

BackerFlow Fulfillment will have a non-exclusive right and license to use the name, trademark, service mark, and logo associated with your Store for the purpose of promoting our Service. This allows us to effectively market and advertise our offerings while giving due recognition to your brand.

6. General Terms

6.1 Technical Support

Technical support for the Service is exclusively available to BackerFlow Fulfillment Users.

6.2 Governing Law

The Terms of Service will be governed and interpreted in accordance with the applicable laws.

6.3 Modifications to Terms

You acknowledge that BackerFlow Fulfillment may modify these Terms of Service at any time by posting the revised Terms on our website. Such modifications will take effect from the date of posting. Your continued use of the Service after the revised Terms have been posted signifies your acceptance of the modified Terms. If you do not agree with any changes to the Terms of Service, you have the option to cease using the Service.

6.4 Prohibited Uses

You agree not to use BackerFlow Fulfillment Services for any unlawful or unauthorized purposes. In using the Services, you must not violate any laws applicable to you as a customer, including but not limited to copyright laws, or the laws of Canada and the Province of Ontario. You are required to comply with all applicable laws, rules, and regulations in your use of the Services and in fulfilling your obligations under these Terms of Service. You also agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, or access to the Service, without the express written permission of BackerFlow Fulfillment.

6.5 Search Engine and Advertising Restrictions

You may not purchase search engine optimization or pay-per-click advertising tools (such as Google AdWords), nor domain names that incorporate the BackerFlow Fulfillment brand or keywords, including any variations or misspellings thereof

6.6 Data Transmission

You understand that your Data (excluding credit card information) may be transmitted in an unencrypted manner and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please note that credit card information is always encrypted during transmission over networks.

6.7 Force Majeure

BackerFlow Fulfillment shall not be liable for any orders that cannot be fulfilled due to causes beyond its reasonable control, including but not limited to acts of God, civil authority, labor shortages, inability to obtain labor, energy, raw materials, or supplies, military action, riots, embargoes, acts of nature, and other events classified as force majeure.

6.8 Binding Effect

All terms and provisions of the Terms of Service shall bind and inure to the benefit of the parties, their heirs, successors, legal assigns, and legal representatives. BackerFlow Fulfillment reserves the right to assign these Terms of Service without notice or your consent. You may not assign or transfer these Terms of Service, or any rights or obligations herein, to any third party without the prior written consent of BackerFlow Fulfillment, which may be granted or withheld at BackerFlow Fulfillment's sole discretion.

6.9 Severability

If any provision, or part of a provision, of these Terms of Service is found to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability shall not affect any other provision (or part of a provision) of the Terms of Service, and the Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been included.

7. BackerFlow Entitlements

7.1 Modification and Termination of Service

BackerFlow Fulfillment reserves the right to modify or terminate the Service at any time and for any reason without prior notice. Not all Services and features are guaranteed within our scope of authority, and we are under no obligation to provide any Services or features outside of the authority of BackerFlow Fulfillment.

7.2 Right to Refuse Service

We maintain the right to refuse service to anyone at any time and for any reason.

7.3 Monitoring and Account Management

While we may monitor user activity, we are not obligated to do so. We may delete Data and suspend or terminate customer Accounts if we determine that any goods or services provided through the Store, or Data uploaded to the Store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.

7.4 Abusive Behavior

Any form of verbal or written abuse, including threats of abuse or retaliation towards any customer, employee, or member of BackerFlow Fulfillment, may result in immediate termination of your account.

7.5 Data Discretion

BackerFlow Fulfillment does not pre-screen Data and retains the sole discretion to refuse or remove any Data from the Service, including content associated with your Store.

7.6 No Exclusivity

We maintain the right to offer our Services to your competitors and make no guarantees of exclusivity in any specific market segment. You acknowledge that BackerFlow Fulfillment employees and contractors may also be customers or sellers of BackerFlow Fulfillment and may engage in competition with you, although they are prohibited from using your Confidential Information as defined in Section 6.

7.7 Ownership Disputes

In the event of a dispute regarding the ownership of an Account, BackerFlow Fulfillment reserves the right to request documentation to establish or confirm ownership. Such documentation may include, but is not limited to:

  • A copy of a business license
  • A government-issued photo ID
  • The last four digits of the credit card on file
  • Confirmation of employment with an organization
If you have any questions regarding these Terms, please contact BackerFlow Fulfillment support at [email protected] for further assistance.