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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12917
Experience:  Experienced Licensed Attorney
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Just bought an ecommerce business which is hosted through PappaShop.com.

Resolved Question:

Just bought an ecommerce business which is hosted through PappaShop.com. There is no way of exporting any of the data through their content management systems (CMS) i.e. orders, customers, products, etc.

I want to move to another eCommerce platform but not having a way of exporting my data makes this nearly impossible.

Their suggestion was to print out everything and manually enter it which I find utterly unsatisfactory.

PappaShop.com is located in Oregaon and my business is located in Florida. Is there any legal requirement for PappaShop.com to provide at least some way of retreiving my data?
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your unfortunate situation.

This matter would be entirely covered under the contract between you and PappaShop.com.

Did your contract contain any promise or provision that the data from the e-platform that you purchased would be exportable to other platforms?
Customer: replied 1 year ago.

I will have to check the contract and get back to you about that.


 


What I am hoping for is some general legal obligation on their part to make the data available independent of any contract.


 


Really amounts to buying a car to discover they have not put in a reverse.

Customer: replied 1 year ago.

What I am really wanting to know if the law provides for some minimal obligation on their part to provide for a reasonable way to make client's data available.



THEIR TERMS:



Your use of PappaShop's web hosting services are at your sole risk. All PappaShopservices are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.



Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.




PappaShop makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the PappaShop service.



In no event will PappaShop be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use PappaShop's services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract thereon.



This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract or any wrongful act, or otherwise, caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, defect, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any record.


Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

Unfortunately, there is no such law on federal or state level that would require any software or e-platform company to offer some form of data exportation option and as a matter of fact some of these type of companies specifically and intentionally design their software / e-platform to prevent such date export, in order for the consumer to remain using their proprietary product.

I know this is not an answer you were hoping for, but please understand that I do have obligation to provide JustAnswer.com customers with correct and accurate information, even when the answer is not favorable to the customer, so I do ask you that you do not hold the unfavorable answer based on the current law, against me personally.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12917
Experience: Experienced Licensed Attorney
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