Terms of Use

Last updated: September 1, 2021

Welcome to commissionables.com. COMMISSIONABLES provides website features and other products and services to you when you visit or shop at commissionables.com, use COMMISSIONABLES products or services, or use software provided by COMMISSIONABLES in connection with any of the foregoing (collectively, ” COMMISSIONABLES Services”). By using the COMMISSIONABLES Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following terms.

Please read these terms carefully.

We offer a wide range of COMMISSIONABLES Services, and sometimes additional terms may apply. When you use an COMMISSIONABLES Service you also will be subject to the guidelines, terms and agreements applicable to that COMMISSIONABLES Service (“Service Terms”). If these Terms of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Policy which also governs your use of COMMISSIONABLES Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use COMMISSIONABLES Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other COMMISSIONABLES Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any COMMISSIONABLES Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of COMMISSIONABLES or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any COMMISSIONABLES Service is the exclusive property of COMMISSIONABLES and protected by U.S. and international copyright laws.

TRADEMARKS 

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any COMMISSIONABLES Service are trademarks or trade dress of COMMISSIONABLES in the U.S. and other countries. COMMISSIONABLES trademarks and trade dress may not be used in connection with any product or service that is not COMMISSIONABLES, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits COMMISSIONABLES. All other trademarks not owned by COMMISSIONABLES that appear in any COMMISSIONABLES Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by COMMISSIONABLES.

PATENTS

One or more patents owned by COMMISSIONABLES apply to the COMMISSIONABLES Services and to the features and services accessible via the COMMISSIONABLES Services. Portions of the COMMISSIONABLES Services operate under license of one or more patents. 

LICENSE AND ACCESS

Subject to your compliance with these Terms of Use and any Service Terms, and your payment of any applicable fees, COMMISSIONABLES or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the COMMISSIONABLES Services. This license does not include any resale or commercial use of any COMMISSIONABLES Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any COMMISSIONABLES Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by COMMISSIONABLES or its licensors, suppliers, publishers, rightsholders, or other content providers. No COMMISSIONABLES Service, nor any part of any COMMISSIONABLES Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of COMMISSIONABLES. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of COMMISSIONABLES without express written consent. You may not use any meta tags or any other “hidden text” utilizing COMMISSIONABLES name or trademarks without the express written consent of COMMISSIONABLES. You may not misuse the COMMISSIONABLES Services. You may use the COMMISSIONABLES Services only as permitted by law. The licenses granted by COMMISSIONABLES terminate if you do not comply with these Terms of Use.

YOUR ACCOUNT

You may need your own COMMISSIONABLES account to use certain COMMISSIONABLES Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit Your Payments to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. COMMISSIONABLES does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the COMMISSIONABLES Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their COMMISSIONABLES Account. COMMISSIONABLES reserves the right to refuse service, terminate accounts, terminate your rights to use COMMISSIONABLES Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, SERVICE BOOKINGS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. COMMISSIONABLES reserves the right (but not the obligation) to remove or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant COMMISSIONABLES a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant COMMISSIONABLES the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify COMMISSIONABLES for all claims resulting from content you supply. COMMISSIONABLES has the right but not the obligation to monitor and edit or remove any activity or content. COMMISSIONABLES takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

COMMISSIONABLES respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our procedure for making claims of copyright infringement. 

RISK OF LOSS

All purchases of physical items from COMMISSIONABLES are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

COMMISSIONABLES does not take title to returned items until the item arrives at a fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, COMMISSIONABLES does not take title to the refunded item.

PRODUCT DESCRIPTIONS

COMMISSIONABLES attempts to be as accurate as possible. However, COMMISSIONABLES does not warrant that product descriptions or other content of any COMMISSIONABLES Service is accurate, complete, reliable, current, or error-free. If a product offered by COMMISSIONABLES itself is not as described, your sole remedy is to return it in unused condition.

PRICING

“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on COMMISSIONABLES and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on COMMISSIONABLES.

With respect to items sold by COMMISSIONABLES, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by COMMISSIONABLES is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

APP PERMISSIONS

When you use apps created by COMMISSIONABLES, such as the COMMISSIONABLES App or COMMISSIONABLES Vanity App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

SANCTIONS AND EXPORT POLICY

You may not use any COMMISSIONABLES Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using COMMISSIONABLES Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including COMMISSIONABLES Software), technology, and services.

OTHER BUSINESSES

Parties other than COMMISSIONABLES operate stores, provide services or software, or sell product lines through the COMMISSIONABLES Services. In addition, we may provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from COMMISSIONABLES. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). COMMISSIONABLES does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE COMMISSIONABLES SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMMISSIONABLES SERVICES ARE PROVIDED BY COMMISSIONABLES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMMISSIONABLES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE COMMISSIONABLES SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMMISSIONABLES SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE COMMISSIONABLES SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, COMMISSIONABLES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMMISSIONABLES DOES NOT WARRANT THAT THE COMMISSIONABLES SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMMISSIONABLES SERVICES, SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM COMMISSIONABLES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, COMMISSIONABLES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY COMMISSIONABLES SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY COMMISSIONABLES SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any COMMISSIONABLES Service will be adjudicated in the state or Federal courts in Manatee County, Florida, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

APPLICABLE LAW

By using any COMMISSIONABLES Service, you agree that applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and COMMISSIONABLES.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our privacy policy, posted on this site. These policies also govern your use of COMMISSIONABLES Services. We reserve the right to make changes to our site, policies, Service Terms, and these Terms of Use at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Commissionables.com

P.O. Box 41

Myakka City, FL 34251

https://www.commissionables.com

ADDITIONAL COMMISSIONABLES SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with COMMISSIONABLES Services (the ” COMMISSIONABLES Software”).

  1. Use of the COMMISSIONABLES You may use COMMISSIONABLES Software solely for purposes of enabling you to use the COMMISSIONABLES Services as provided by COMMISSIONABLES, and as permitted by these Terms of Use. You may not incorporate any portion of the COMMISSIONABLES Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the COMMISSIONABLES Software in whole or in part. All software used in any COMMISSIONABLES Service is the property of COMMISSIONABLES or its software suppliers and is protected by United States and international copyright laws.
  2. Use of Third Party Services.When you use the COMMISSIONABLES Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering.You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the COMMISSIONABLES Software, whether in whole or in part.
  4. Non-Compete and Non-Disclosure. COMMISSIONABLES is currently in the trial launch period and staging. You are agreeing to not compete or disclose information, trade secrets, functionality or any other site niche which maybe considered proprietary. COMMISSIONABLES terms are legally binding through our trial period user from competing or disclosing, (directly or indirectly) for up to one year after receiving your sign in information. No less than 6 months and/or after one month from the public launch, or 1 year after you are given private access to this business site to post for experimental purposes, which ever is the longer duration, you are agreeing to not disperse, distribute, share, partially or in whole, any portion of the site functionality, including, company name, links, urls, trade name, logos, login information, slogans, or any functioning of site elements which may be functioning wholly or intermittently, as well as information that has been shared with you or experienced by you regarding COMMISSIONABLES and SwanPro Holdings Incorporated.. Terms of Use may be updated automatically or manually without notice to you.
  5. Government End Users. If you are a U.S. Government end user, we are licensing the COMMISSIONABLES Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the COMMISSIONABLES Software are the same as the rights we grant to all others under these Terms of Use.
  6. In the event of any conflict between these Terms of Use and any other COMMISSIONABLES or third-party terms applicable to any portion of COMMISSIONABLES Software, such as open-source license terms, such other terms will control as to that portion of the COMMISSIONABLES Software and to the extent of the conflict.

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS

COMMISSIONABLES accepts service of subpoenas or other legal process only through COMMISSIONABLES.com or at the following address:

Commissionables.com

P.O. Box 31830

Myakka City, FL 34251

e-mail: legal@commissionables.com

Attn: Legal Department – Legal Process

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; and IP address and complete time stamps.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, please submit your complaint using our online info@commissionables.com link. This email may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

We offer the following alternative to our online email for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:

Commissionables.com

P.O. Box 31830

Myakka City, FL 34251

e-mail: legal@commissionables.com

Attn: Copyright Agent

Written claims concerning copyright infringement must include the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
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