Eligibility

1. 1. Minimum Age. The Services and Website are available only to persons who are the age of majority and can form legally binding contracts under applicable law. Without limiting the foregoing, the Services and Website are not intended to be used by individuals under the age of 18. If you do not qualify, please do not use the Services or access the Website.
   2. Registration. In order to use the Services, you must establish a Services account (“Account”) by registering with Haigh + Martino. You may be required to submit a valid means of payment for which you are authorized to purchase Services. You will provide true, accurate, current, and complete information when registering for an Account and will update the information as necessary to keep your Account and payment information current. As part of the registration process, you will provide Haigh + Martino with a user name and password for your Account (together “Account Credentials”). Haigh + Martino reserves the right to refuse registration of, or cancel, accounts that violate these Terms or Haigh + Martino’s Acceptable Use Policy.

Security

1. 1. Generally. You are responsible for maintaining the security of your Account Credentials and for all Services ordered, accessed, or otherwise used in connection with your Account Credentials and all actions taken in association therewith. You will not share your Account Credentials with any third party.
   2. Payment Cards. Haigh + Martino is responsible for the security of credit cardholder data to the extent that Haigh + Martino has control of that data. To that end, Haigh + Martino undertakes regular assessments consistent with the applicable Payment Card Industry Data Security Standards (“PCI”). You represent and warrant that you will determine the PCI merchant requirements applicable to you and your use of the Services.
   3. Checkout Environment; PCI. Haigh + Martino will provide a secure environment (including appropriate technical, physical and organizational security measures and safeguards) for customer data stored and processed via the standard Haigh + Martino checkout (“Customer Data”) in order to protect Customer Data from unauthorized access and use. Haigh + Martino’s secure environment is certified under the Payment Card Industry Data Security Standard. Haigh + Martino will maintain PCI certification for the designated portions of the Services that you use to store and process credit card data, subject to the following (each a “PCI Compliance Condition”): (i) you comply with Haigh + Martino documentation and in-product notifications, and (ii) you use a Haigh + Martino checkout environment that has not been modified except through the Haigh + Martino control panel. To the extent permitted by applicable law, Haigh + Martino excludes and disclaims any liability related to the unauthorized use of Customer Data, including liability due to PCI noncompliance, in the event any PCI Compliance Condition is not satisfied. For example, you will be solely liable for PCI compliance with respect to modifications to the checkout environment, including modifications via apps or a developer, modifications of Haigh + Martino’s distributed open source checkout code in any manner that could result in or contribute to PCI noncompliance, use of a checkout environment not provided by Haigh + Martino, or use of a payment provider for which Haigh + Martino does not provide an integration.

• Use Restrictions. This is an agreement for Services, and you are not granted a license to any software by these Terms. Except as permitted and non-excludable under applicable law, you will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Services or any software, documentation or data related to the Services (“Software”); modify, translate or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.

Intellectual Property

1. User Content.

   • License. We do not claim any intellectual property rights over the content you provide to Haigh + Martino. All of your content remains yours. When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, patent, publicity, moral (where permitted), database, and/or other intellectual property rights (collectively, “IP Rights”) you have in that content or associated with your store in connection with our provision of the Services, in any media known now or developed in the future.
   • Representations and Warranties. You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with these Terms, does not and will not infringe any IP Rights of any third party. To the extent permitted by applicable law, Haigh + Martino takes no responsibility and assumes no liability for any content provided by you or any third party.

2. Haigh + Martino Content.

   • Restrictions. All rights not expressly granted by Haigh + Martino to you in these Terms are hereby reserved by Haigh + Martino. There are no implied rights save to the extent rights cannot be excluded by applicable law. You may not use, imitate, or copy, in whole or in part, any Haigh + Martino trademark, service mark, trade dress, logo, or other branding (collectively, “Marks”) without, in each instance, Haigh + Martino’s prior written consent, in Haigh + Martino’s discretion. All permitted use of Haigh + Martino’s Marks will inure to the benefit of Haigh + Martino.
   • Ownership. As between the parties, the Website and Services, including, without limitation, any and all APIs, Software, documentation, images, video, content, logos, page headers, custom graphics, design and user interface elements, scripts, and other materials contained therein or provided in connection therewith, and all modifications, enhancements, and updates thereto, as well as all IP Rights associated with any of these materials (collectively, “Haigh + Martino IP”) are owned by Haigh + Martino and/or its third party sponsors, partners, and suppliers. You have no right or license in or to the Haigh + Martino IP other than the right to use the Services, in compliance with the Terms, during the applicable subscription period.
3. Feedback. You may provide Haigh + Martino with ideas, opinions, recommendations, feedback, or advice in connection with your use of the Services (collectively, “Feedback”). If you submit Feedback to Haigh + Martino, you hereby grant Haigh + Martino an irrevocable, perpetual, transferable, non-exclusive, fully-paid-up, royalty-free, worldwide license (sublicensable through multiple tiers) to: (a) use, copy, distribute, reproduce, modify, create derivative works of, adapt, publish, translate, publicly perform, and publicly display such Feedback (or any modification thereto), in whole or in part, in any format, medium or application now known or later developed; and (b) use, and permit others to use, Feedback in any manner and for any purpose (including, without limitation, commercial purposes) that Haigh + Martino deems appropriate in its discretion (including, without limitation, incorporating Feedback, in whole or in part, into any technology, product or service).