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This Conditions of Use Agreement ("Agreement" or "Conditions of Use Agreement") is a contract between you and MTLinks and applies to your use of the MTLinks online store and any related products and services (collectively the "Service"). This Agreement affects your rights and you should read it carefully. We encourage you to print the Agreement or copy it to your computer's hard drive for your reference. In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "MTLinks," "we" or "our" will refer collectively to MTLinks and its directors, officers, employees, agents and contractors.
By submitting payment information through the Service you agree to the terms and conditions of this Agreement, the MTLinks Privacy Policy, and any documents incorporated by reference. You further agree that this Conditions of Use Agreement forms a legally binding contract between you and MTLinks, and that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. Any rights not expressly granted herein are reserved by MTLinks. This Agreement is subject to change by MTLinks without prior notice (unless prior notice is required by law), by posting of the revised Agreement on the MTLinks website. Descriptions of material amendments to this Agreement will be posted in advance on the MTLinks website and this document will always include those updates. This Agreement was last modified on March 31, 2002.
- The Legal Relationship between You and MTLinks
- User Responsibilities
- Sending Payments (Personal Accounts)
- Receiving Payments (Merchant Accounts)
- Rights, Obligations and Disclaimers of MTLinks
- Error Resolution
- Consumer Protection Programs
- Additional Conditions of Use Agreement for Merchant Accounts
- The Legal Relationship between You and MTLinks
By creating an account, you appoint MTLinks as your agent to process payments for merchandise featured in the MTLinks store on your behalf in accordance with your instructions, subject to the terms and restrictions of this Agreement. You acknowledge that (i) MTLinks is not a bank (ii) MTLinks is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian.
By initiating and sending payments through the Service, you appoint MTLinks as your agent to transfer the funds to the recipient that you designate with the expectation that the recipient will ship merchandise to you. MTLinks will obtain the funds per your instructions by charging your credit card. When you send a payment, until that payment is accepted by the recipient (which may occur instantly), you remain the owner of those funds and MTLinks holds those funds as your agent, but you will not be able to withdraw those funds or send the funds to any other recipient unless the initial transaction is cancelled.
- User Responsibilities
- Eligibility. In order to use the Service, you must create a Personal or Merchant account. If you use the Service to sell merchandise and/or services in the MTLinks online store and receive payments, you must apply for a Merchant Account. You must be at least 18 years of age to apply for an account and use the Service.
- No Multiple Accounts. Should you link for more than one Personal Account, MTLinks reserves the right to terminate all of your accounts and will restrict you from the system going forward. Users may link and hold one Personal Account and one Merchant Account.
- Application Information. You agree to provide true, accurate and complete application information and to maintain and promptly update your information as applicable. You agree not to impersonate any other person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, MTLinks has the right to terminate your use of the Service and MTLinks, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
You authorize MTLinks, directly or through third parties, to make any inquiries we consider necessary to validate your application. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases.
- International Use. To be eligible for an account, you must be a resident of the United States or one of the approved countries listed below:
| Argentina |
Denmark |
Israel |
Singapore |
| Australia |
Dominican Republic |
Italy |
South Africa |
| Anguilla |
Finland |
Jamaica |
South Korea |
| Austria |
France |
Japan |
Spain |
| Belgium |
Germany |
Luxembourg |
Sweden |
| Brazil |
Greece |
Mexico |
Switzerland |
| Canada |
Hong Kong |
Netherlands |
Taiwan |
| Chile |
Iceland |
New Zealand |
United Kingdom |
| China |
India |
Norway |
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| Costa Rica |
Ireland |
Portugal |
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All fees, and all transactions, are made in U.S. dollars and may be subject to exchange rates. IT IS MTLINKS' ASSUMPTION THAT INTERNATIONAL USERS ARE SIGNING UP FOR A MTLINKS ACCOUNT ONLY AFTER DETERMINING THAT OPENING AND MAINTAINING A MTLINKS ACCOUNT VIOLATES NO LAWS OR REGULATIONS IN THEIR RESPECTIVE COUNTRY AND JURISDICTION. If you are an international user, you warrant that you are violating no law or regulation by your use of MTLinks, and you indemnify us for any and all liability that might arise from your use of MTLinks.
- Prohibited Transactions. You will not use the Service, the MTLinks website or any of the services offered therein for any unlawful or fraudulent activity. If MTLinks has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions of this Agreement, your access to the Service may be suspended or terminated. You will cooperate fully with MTLinks to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized MTLinks representatives "guest" or "member" access to any password-protected portions of your website.
You also agree not to use your MTLinks account to sell securities, business opportunities, franchises, multi-level marketing, or goods with delivery delayed more than 20 days from the date of payment. You agree not to impersonate a MTLinks User or a MTLinks representative, or to request that a MTLinks customer provide you with their password or other information to access their account.
- Electronic Communications. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service, may be provided to you electronically and you agree to receive all Communications from MTLinks in electronic form. Electronic Communications may be posted on the pages within the MTLinks website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. MTLinks reserves the right but assumes no obligation to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying MTLinks of your decision to do so by contacting us through mail or e-mail or by telephoning customer service. If you revoke your consent to receive Communications electronically, MTLinks will terminate your right to use the Service.
- Correct E-mail. You agree and warrant that you have access to the Internet and to a current functional personal e-mail address. Although we will take reasonable steps to contact you based on information that you have provided us, MTLinks will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account. You have an AFFIRMATIVE OBLIGATION to provide MTLinks with a correct and operational e-mail address, and to notify MTLinks promptly as to any changes or cancellations of any and all e-mail addresses you provide MTLinks. Failure to provide MTLinks with a current, working, functional, personal e-mail address, and/or failure to update MTLinks in a change or cancellation of your e-mail address, or if MTLinks has reason to believe that either have occurred may result in any or all of the following, non-exclusively: (1) the removal or deactivation by MTLinks of a non-functional e-mail address from your account; (2) the replacement of a secondary e-mail address as a new permanent e-mail address associated with your account; (3) an alteration to your user preferences regarding MTLinks e-mail notifications; and/or (4) attempts by MTLinks to reach you personally by phone, fax or postal mail. MTLinks reserves the right to take measures to ensure the integrity of its contact directory, and expects that you, as a user, will cooperate and keep your contact information current.
- No Framing. Because MTLinks members are warned never to enter their MTLinks account password into any page whose URL does not begin with https://www.MTLinks.com/, the use of "framing," where a 3rd party site displays a portion of the MTLinks website inside a webpage whose URL is not https://www.MTLinks.com/, is prohibited.
- No Spam. You agree not to use email addresses of MTLinks customers to send unsolicited email. You agree not to use unsolicited email, usenet, message board postings, or similar methods of mass messaging (spam) to promote the Service. The use of spam to promote the Service has strict negative consequences. We will immediately and permanently terminate the account of any User who has sent unsolicited email targeting MTLinks Users to gain referrals or for any other purpose. In addition, you may be subject to state and federal penalties and other legal consequences under applicable law if you send unsolicited email. Our Anti-Spam Policy is intended to protect our users, the Internet, and us.
- Passwords. You may not reveal your account password(s) to anyone else, nor may you use anyone else's password. MTLinks is not responsible for losses incurred by Users as the result of their misuse of passwords.
- Closing Your Account. You may close your account at any time by contacting MTLinks. Upon closure of an account, any pending transactions will be cancelled. Any funds that we are holding in custody for you at the time of closure, less any applicable fees, will be paid to you by check. You may not use closure of your account as a means of evading investigation - if an investigation is pending at the time you close your account, MTLinks may continue to hold your funds for up to 180 days as appropriate to protect MTLinks against the risk of reversals. If you are later determined to be entitled to some or all of the funds in dispute, MTLinks will make an additional payment of those funds to you. You will remain liable for all obligations related to your account even after such account is closed.
- Hacking. If you use, or attempt to use the Service for purposes other than managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
- No Cash Advances. You agree not to engage in behavior that could reasonably be construed as providing yourself a cash advance from your credit card, and agree not to assist Users who engage in behavior that could reasonably be construed as providing themselves a cash advance from their credit cards. Such behavior includes, but is not limited to, a User paying someone with a credit card-funded payment through the Service, then receiving the funds back from the original Recipient and attempting to withdraw the funds from their account. MTLinks reserves the right to reverse all such transactions and to terminate any accounts that are associated with such behavior.
- Assignability. You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of MTLinks. MTLinks reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.
- Indemnification. You agree to indemnify and hold MTLinks, officers, directors and employees harmless from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Service.
- Security Interest; MTLinks' Right to Setoff. To secure your performance of this Agreement, you grant to MTLinks a lien on and security interest in your account. In addition, you acknowledge that MTLinks may setoff against any accounts you own for any obligation you owe MTLinks at any time and for any reason allowed by law. These obligations include both secured and unsecured debts and debts you owe individually or together with someone else. MTLinks may consider this Agreement as your consent to MTLinks' asserting its security interest or exercising its right of setoff should any law require your consent. The rights described in this section are in addition to and apart from any other rights.
- Choice of Law. This Agreement is governed by and interpreted under the laws of the state of Montana, U.S. as such laws are applied to agreements entered into and to be performed entirely within Montana by Montana residents.
- Arbitration. Any controversy or claim arising out of or relating to this Agreement or the provision of Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Helena, Montana, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or MTLinks may seek any interim or preliminary relief from a court of competent jurisdiction in Helena, Montana necessary to protect the rights or property of you or MTLinks (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
- Sending Payments (Personal Accounts)
- Right of Recipient to Refuse Payment. When you send a payment to a third party through MTLinks, the recipient is not required to accept the payment, even if the recipient is already linked with MTLinks. The recipient is free to return payments or, in some cases, to use the MTLinks system to deny payments that you have sent. You acknowledge that MTLinks will not be liable for any damages resulting from a recipient's decision not to accept a payment made through MTLinks. Any payments through MTLinks that are denied or unclaimed by a recipient will be returned to the sender on the earlier of (a) the date of such denial, or (b) within 30 days from the date the payment is sent.
- Choice of Funding Sources. MTLinks reserves the right to limit an account-holder's choice of funding sources for any individual payment based on analysis performed through proprietary risk modeling systems.
- Receiving Payments (Merchant Accounts)
- Receipt of Credit Card Funded Payments. The ability to receive credit card funded payments is reserved for Merchant accounts. Payments funded wholly or partially by a credit card are classified as credit card payments in the MTLinks system.
- Receipt of Payments; Risk of Reversal of Transactions; Collection of Funds you owe MTLinks. When you receive a payment through the Service, you are not protected against a subsequent reversal of the transaction. In the event that the sender's transaction is reversed for any reason, you will owe MTLinks for the amount of the reversed transaction plus any fees imposed on MTLinks as a result of the reversal. Examples of such a reversal include, but are not limited to, a credit card reversal by the sender of the payment, and a reversal of the transaction because the sender of the payment was using a stolen credit card or unauthorized bank account. MTLinks will seek to recover the funds from you and reserves the right to collect your debt to MTLinks by any legal means. MTLinks reserves the right to ask a recipient of a payment for more authentication in order for him or her to accept it.
- Receipt of Payments by Check. The ability to receive checks for payment of merchandise and/or services is reserved for Merchant accounts. Payments funded wholly or partially by check are classified as check payments in the MTLinks system. To cover the cost of processing checks, MTLinks charges $1.50 per check. MTLinks requires that checks be cashed within 30 days of being issued. MTLinks will send a reminder to the business address on the Merchant Account Application if a check is not cashed within 60 days after it has been issued and after 90 days from the date it was issued, the check will be considered to be null and void if it has not been cashed. Checks will only be sent to the business address listed on the Merchant Account Application. If you would like a check sent to an address that does not match these rules, you must contact Customer Service and produce appropriate documentation as determined by MTLinks before a check will be sent to the requested address.
- No Surcharges. Under Visa, MasterCard, Discover and American Express regulations and the laws of several states, merchants may not charge a fee to the buyer for accepting credit card payments (often called a "surcharge"). You agree that you will not impose a surcharge or any other fee for accepting MTLinks transactions. This restriction does not prevent you from imposing a handling fee in connection with the sale of goods or services, as long as the handling fee does not operate as a surcharge (in other words, the handling fee for transactions paid through MTLinks may not be higher than the handling fee for transactions paid through other payment methods).
- Rights, Obligations and Disclaimers of MTLinks
- Privacy. We take the privacy of your personal information very seriously at MTLinks. We have developed a separate Privacy Policy, and ask you to review that Policy for more information on this topic.
- Processing. MTLinks shall make reasonable efforts to ensure that requests for debits and credits involving credit cards and check issuances are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the funds are received. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or the U.S. or international mail service, nor shall we be liable for any actual or consequential damages arising from any claim of delay.
- Closing and Restricting Accounts. MTLinks, at its sole discretion, reserves the right to close an account at any time for any reason, including but not limited to a violation of this Agreement, upon notice to the User and payment to the User of any unrestricted funds held in custody.
MTLinks, at its sole discretion, also reserves the right to restrict withdrawals from an account for any one of the events listed below. If the dispute covers only a specific transaction, we will only restrict funds related to that particular transaction. If your account is restricted, you will be notified by e-mail and requested to provide information relevant to your account. MTLinks will investigate the matter promptly. If the investigation is in your favor, we will unrestrict your account. If the investigation is not in your favor, MTLinks may return funds to the sender and unrestrict the remainder of your account, continue the restriction for up to 180 days as to funds necessary to protect MTLinks against the risk of reversals, or may close your account by giving you notice and mailing a check for any funds in your account (minus funds that are in dispute) to the address that you have provided. If you are later determined to be entitled to the funds in dispute, MTLinks will make an additional payment of those funds to you. Any of the following events may lead to a restriction of your account:
- Reports of unauthorized or unusual credit card use associated with the account including, but not limited to, notice by the card issuing bank;
- Complaints received regarding non-shipment of merchandise, non-deliveryof services, merchandise not as described, or problems with merchandise shipped;
- Initiation by a buyer of a reversal process through the buyer's issuing bank without first pursuing the Buyer Complaint process described below;
- Receipt of potentially fraudulent funds;
- Excessive disputes or reversals, or attempts to "double dip" by receiving funds in a dispute both from MTLinks and through a reversal or a refund from the seller;
- Refusal to cooperate in an investigation or provide confirmation of identity when requested;
- Initiation of transactions considered to be cash advances or assisting in cash advances;
- Sending unsolicited email or posting referral links on websites where they are not permitted;
- Opening multiple Personal accounts;
- The account has been used in or to facilitate fraudulent activity;
- Violations of this Conditions of Use Agreement;
- Use of an anonymizing proxy;
- Participating in prohibited transactions and activities, including but not limited to multi-level marketing programs, gifting clubs and other pyramid schemes, and listing items for sale that have a delayed delivery date of 20 days or more after the transaction list, and other activities that are prohibited in Part II of this Agreement;
- Reports from credit agencies of a high level of risk;
- Receipt by MTLinks of excessive complaints regarding your account, business or service; and/or
- Logging in from a country not included on MTLinks' permitted countries list. MTLinks will use reasonable efforts to investigate accounts that are subject to a restriction and to reach a final decision on the restriction promptly.
- Termination. MTLinks, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.
- Trademarks. MTLinks.com, MTLINKS and all related logos, products and services described in this website are either trademarks or linked trademarks of MTLinks, or its licensors, and (aside from the circumstances described in "Use of Logos" below) may not be copied, imitated or used, in whole or in part, without the prior written permission of MTLinks. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of MTLinks and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MTLinks.
Notwithstanding the above, HTML logos provided by MTLinks through its Affiliate and/or Marketing Program, may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to MTLinks or the Service. Logos may not be displayed in any manner that implies sponsorship or endorsement by MTLinks. MTLinks is a payment service, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
- Miscellaneous Disclaimers.
- MTLinks reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious to ensure integrity of the funds.
- MTLinks shall not be responsible for payments made to unintended Recipients or for payments made in incorrect amounts due to the input of incorrect information by Senders.
- MTLinks shall not be responsible for any fraud, deception or misrepresentations by Users, however, MTLinks' will seek to assist Users who may be the victims of fraud if they report the problem promptly.
- MTLinks shall not be obligated to pay a User for any Payments for which MTLinks has not been fully paid by the Sender's credit card issuer or bank, as applicable.
- MTLinks will not have any liability in connection with any unauthorized interception or use of data relating to you or the MTLinks service; any inability by you to use or access the service or the MTLinks website for any reason; any actions or transactions by an individual that uses your user name and password with your consent or knowledge; or any cause over which MTLinks does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or Internet service providers.
- In no event shall MTLinks be liable (A) for damages caused other than by intentional misconduct or (B) for any indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of or in any way related to your use of or inability to use the Service or the MTLinks website, even if MTLinks has been advised of the possibility of such damages. In no event shall MTLinks be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
- MTLinks reserves the right to require Users who receive payments through MTLinks and operate with high reversal rates or otherwise present a relatively high risk of losses to choose between closure of their MTLinks account or entering into an additional agreement addressing such risks, which may include higher fees.
- Security Features. MTLinks strongly suggests that you use a web browser with 128-bit encryption. However, regardless of whether you use a web browser with security features, MTLinks is unable to guarantee that data transmitted is secure and/or will not be intercepted by third parties.
- Error Resolution
It is very important that you contact us at once if you believe your user ID or password has been compromised, or if someone has intercepted payments from your account without your permission. Under applicable regulations, the extent of your liability for an unauthorized transaction is largely determined by your promptness in notifying us or your bank if someone has gained access to your password, or payments.
In case of unauthorized transactions, payment problems, errors or questions about your account, you should notify MTLinks through application messaging or e-mail. You must: 1) Tell us your name and primary email address; 2) Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and, 3) Tell us the dollar amount of the suspected error. If you tell us by telephone, we may require that you send your complaint in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days after we hear from you, and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) calendar days to investigate the complaint or question. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may consider the matter closed. If we determine there was no error, we will mail you a written explanation within three (3) business days after we finish the investigation. You may ask for copies of documents which we used in our investigation.
- Consumer Protection Programs
- In general. MTLinks' consumer protection programs are designed to try to help buyers recover funds from sellers who do not ship the promised goods, and to reduce the risk of reversals for sellers who follow specified risk-reduction procedures. Please note: MTLinks' consumer protection programs only apply to tangible, physical goods which can be shipped, and excludes everything else, including but not limited to: intangibles, services, quasi-cash and all non-tangible, non-physical goods.
- Buyer Complaint Policy. If you pay a seller who does not ship the promised goods, you should first contact the seller and attempt to resolve the dispute. If you are unable to resolve the dispute in this manner, you should then contact MTLinks as soon as possible.
MTLinks will investigate your claim, contact the seller and, if the seller does not present appropriate proof of shipment, a full refund or other evidence of a satisfactory resolution, MTLinks will seek to collect the amount you paid from the seller. MTLinks may also restrict the seller's MTLinks account. You and other buyers who file claims against the same seller will be entitled to the return of any and all funds MTLinks is able to collect from the seller, on a first-come, first-served basis for funds received by MTLinks prior to the restriction of the seller's account. RECOVERY OF YOUR CLAIM IS NOT GUARANTEED.
Complaints must be filed no later than 30 days from the date of payment. MTLinks will seek to resolve the complaint within 30 days of the date the complaint is filed, though such time frame may be extended, if appropriate, to accommodate the investigation. This policy applies only to the sale of tangible, physical goods and excludes all other sales and services, pursuant to section 1 above.
- Seller Complaint Policy
General. If you ship a product to a buyer who cancels a check or reverses a credit card payment, you should first contact the seller and attempt to resolve the dispute. If you are unable to resolve the dispute in this manner, you should then contact MTLinks as soon as possible.
MTLinks will investigate your claim, contact the buyer and, if the buyer does not present appropriate reason for withdrawal of payment, a return of merchandise or other evidence of a satisfactory resolution, MTLinks will seek to collect the amount you were owed from the buyer. MTLinks may also restrict the buyer's MTLinks account. You and other sellers who file claims against the same buyer will be entitled to the return of any and all funds MTLinks is able to collect from the buyer, on a first-come, first-served basis for funds received by MTLinks prior to the restriction of the buyer's account. RECOVERY OF YOUR CLAIM IS NOT GUARANTEED.
Complaints must be filed no later than 10 days from the expected date of payment. MTLinks will seek to resolve the complaint within 30 days of the date the complaint is filed, though such time frame may be extended, if appropriate, to accommodate the investigation. This policy applies only to the sale of tangible, physical goods and excludes all other sales and services, pursuant to section 1 above. The following conditions must have been met:
- The seller will need to provide reasonable proof-of-shipment which can be tracked online. This documentation must show that you shipped to the Confirmed Address. (Most U.S. carrier companies offer this service, including the U.S. Postal Service.) The seller also needs to provide an online proof-of-receipt in the form of a signature from the buyer.
- The seller must have accepted a single payment from only one MTLinks account for the purchase. (Multiple payments from different accounts for a single item are a fraud indicator. Sellers should not accept such payments.)
- The seller ships to a domestic (U.S.) buyer at a U.S. address.
- The seller cooperates in resolving disputes by responding in the following time periods: When a complaint occurs, the seller must provide complete information within 7 days of a request from MTLinks. However, if MTLinks is required by the credit card association to respond immediately to resolve a reversal, sellers must provide the information within 3 days. MTLinks will indicate the response time required in the e-mail message sent to the seller.
When you receive funds through MTLinks, if the sender's transaction is reversed for any reason, you will owe MTLinks for the amount of the reversed transaction plus any fees imposed on MTLinks as a result of the reversal. You agree to reimburse MTLinks within 7 days of the request for reimbursement. Confirmed Addresses. MTLinks prompts buyers to provide sellers with a Confirmed Address when making a purchase. A Confirmed Address is either an address at which a User receives his or her credit card statements, and is checked by MTLinks with the User's credit card issuer, or an address which MTLinks has confirmed through an Alternate Address Confirmation process, which includes the verification of other official documents. Shipping to this address minimizes the risk of being paid by a fraudulent buyer. If a buyer does not provide a Confirmed Address, the seller must either refuse the payment and ask that the buyer provide a Confirmed Address, or accept the reversal risk in shipping the item outside of this Seller Protection Policy. Sellers should notify MTLinks immediately if they question a delivery address.
- Credit Card Transactions: The Buyer Protection Policy does not replace or reduce any other consumer rights Users may have, including reversal rights that may be granted by a User's credit card issuer. MTLinks is the merchant of record with respect to all credit card transactions through the MTLinks service to purchase goods or services. As such, we afford customers the rights and privileges expected of a credit card transaction. You acknowledge that MTLinks does not control the outcome of any reversal decision initiated through a User's credit card issuer.
MTLinks encourages all buyer purchase disputes to be filed and resolved through the MTLinks dispute resolution process, and reserves the right to terminate or restrict account privileges of buyers who file reversal complaints without attempting to resolve the complaints through MTLinks. If a reversal claim is initiated, whether as a result of a dispute or for any other reason, the parties agree to provide to any requesting party on a timely basis any and all necessary documentation to resolve any reversal or dispute. MTLinks DOES NOT act as the agent of either party in any transaction or resulting dispute, though MTLinks does control the outcome of disputes initiated through the Service's dispute resolution process.
If you receive funds through a MTLinks transaction funded with the sender's credit card, in the event the credit card transaction is charged, you agree to hold MTLinks harmless for the reversal amount and to reimburse MTLinks.
- Additional Conditions of Use Agreement for Merchant Accounts
The terms below apply specifically to the use of Merchant Accounts through the Service and any related products and services (collectively, the "Merchant Service") and which allows Users to link from their websites to the www.MTLinks.com website.
- Eligibility.
- Montana Businesses. Any Montana Business who meets the following conditions is eligible to link to and sell merchandise in MTLinks Merchants:
- The Business produces and/or sells merchandise in Montana.
- The Business operates according to the laws of the Montana.
If at any time the owner of a linked Shop no longer meets one or more of the requirements listed above that website will cease to be listed in the MTLinks Merchants directory.
- Other. By linking for MTLinks Merchants, you grant MTLinks the right to run a credit check on you or your business at any time. MTLinks reserves the right to remove the listing of any website from the MTLinks Merchants directory at any time, for any reason.
- Accuracy of website application information. All information you provide at the time of MTLinks Merchants application must be truthful, including the website's title, description, category, and all other requested information. If any change occurs in your MTLinks Merchants application information, you must promptly update the information by contacting MTLinks. Failure to comply will result in the removal of any mention of your website from the MTLinks website, and may result in permanent ineligibility from linking a website with MTLinks. Provision of deceptive information may result in the locking or closing of your MTLinks account. You grant MTLinks the right to access your site through manual observation or automated "spidering" or other automated search techniques in order to confirm the accuracy of your application information. MTLinks is under no obligation to monitor the accuracy of your site.
- Account Information. In addition to the terms listed above, you further agree that MTLinks may access and disclose information about you or your use of the Merchant Service when MTLinks deems such action necessary or appropriate to comply with the law or legal process, to protect MTLinks' systems and customers, or to ensure the integrity and operation of MTLinks' business and systems. Unless otherwise prohibited by law, such disclosure may include, without limitation, user profile information (e.g., name, e-mail address, etc.), transaction information, IP address and traffic information, and usage history.
- Contact and Refund Information. Each user of the Merchant Service will be required to include its customer service contact information in the Merchant Account application. You agree to clearly identify your customer service contact information, including but not limited to your business name, address, telephone number, fax number and e-mail address. You further agree to update such information to keep it true, accurate, current, and complete. You agree to clearly disclose your refund policies on your website.
- Taxes. Each user of the Merchant Service is required to provide its Taxpayer Identification Number (TIN) upon request. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive and to collect, report and remit the correct tax to the appropriate tax authority. MTLinks is not obligated to determine whether taxes apply, and is not responsible to collect, report, or remit any taxes arising from any transaction.
- Account Use. By accepting the terms as outlined in this Agreement and using your Merchant Account, you attest that you hold all the necessary licenses to engage in the advertising and sale of the goods and services offered for sale or use through your Merchant Account, and that you do not provide unlawful or illicit products or services. You will not use the Merchant Service, the website or any of the services offered therein for any unlawful, fraudulent or improper activity. If MTLinks has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions relating to the Merchant Service, the website or any related services, your access to the Service may be suspended or terminated. You will cooperate fully with MTLinks to investigate any suspected unlawful, fraudulent or improper activity.
- Fees. MTLinks' current Fee Schedule for using the Merchant Service is included on the Merchant Application. Unless otherwise stated, all fees quoted are in U.S. dollars. Users are responsible for paying all fees associated with the use of their Merchant Accounts and the Merchant Service.
- Reserve Account in Case of Closure. If you or MTLinks close your account, MTLinks may retain a portion of any funds it holds in custody for you, based on your transaction history, as a reserve to the extent reasonable to protect MTLinks against the risk of future reversals of transactions occurring prior to such closure. MTLinks will pay you the balance of any such reserve 180 days after closure.
When you receive funds through MTLinks, if the sender's transaction is reversed because of a credit card reversal, you will owe MTLinks for the amount of the reversed transaction plus any fees imposed on MTLinks as a result of the reversal. You agree to reimburse MTLinks from either your MTLinks account or by other means as described in Section IV.2 under "Receipt of Payments."
- License to Use Your Information. You remain the owner of the Website application information that you provide to MTLinks, but by providing such information to MTLinks, you are granting MTLinks permission to use the information in connection with the MTLinks Merchants service. Specifically, you grant MTLinks a non-exclusive, worldwide, perpetual, royalty-free license to copy, publish and display your Website application information on the MTLinks website or in e-mail messages related to your MTLinks transactions, subject to compliance with MTLinks' Privacy Policy. This license will end upon termination of your membership in MTLinks Merchants, whether such termination is caused by you or by MTLinks.
- No Endorsement. MTLinks' presentation of website application information is not an endorsement of the website or of any goods or services offered on the website. Any attempt to state or imply MTLinks' endorsement of your goods or services constitutes grounds for immediate termination of your participation in MTLinks Merchants.
- No Illegal Websites or Websites which violate the MTLinks Merchants Allowable Goods and Services Guidebook. You may not link a website that promotes or facilitates illegal actions, including but not limited to the sale of goods or services that infringe on the intellectual property of a third party. You also may not link a website that violates the rules outlined in the MTLinks Merchants Guidebook. Any such application constitutes ground for immediate termination of your participation in MTLinks Merchants and immediate closure of your MTLinks account.
- Shopping at Websites Linked with MTLinks. Website application information is provided by the owner of the website, and MTLinks is not responsible for any errors or misrepresentations in such information. MTLinks specifically disclaims all warranties with respect to website application information, including but not limited to the warranty of merchantability and the warranty of accuracy of informational content. MTLinks does not guarantee any level of security in shopping at third-party websites linked with MTLinks, nor does MTLinks guarantee the quality of goods or services offered on these websites.
- Fees. Placement in MTLinks Merchants is currently free. Fees may be introduced in the future, but no changes will be made without first notifying you. Fees will be incurred for merchandise that is sold through MTLinks Merchants program. The fee schedule will be included in the application information and will depend on the price of the merchandise. No changes in the fee schedule will be made without first notifying you.
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