Terms and Conditions

Acceptance of these Terms and Conditions
This is an agreement between you, the visitor to www.ec-t.com, its associated online stores and service websties and the owner of these websites, e-Commerce Technology, Inc. (eC-T). By using the sites and stores (henceforth referred to collectively as the sites), you agree to the terms and conditions outlined below. If you do not agree to these terms and conditions, please do not use the sites. We reserve the right to change, modify, add or remove portions of these terms at our discretion. If you continue to use the sites after we have posted changes to the terms, it means you have accepted those terms. If you need to contact us, please e-mail us at webmaster@ec-t.com.

Copyright

All materials, including, but not limited to, the eC-T logo, design, text, graphics, other files, this site and the selection and arrangement thereof are Copyright of e-Commerce Technology, Inc. ALL RIGHTS RESERVED. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of eC-T or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial and informational use only; provided that you may not, without the permission of eC-T or the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.

Trademarks

eC-T's logo and the products and services described on this site, are either trademarks or registered trademarks of e-Commerce Technology, Inc. and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of eC-T. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of eC-T and may not be copied, imitated or used, in whole or in part, without the prior written permission of eC-T. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

Licenses and Site Access

eC-T grants you a limited license to make personal use only of the site. Such grant does not include: (a) any resale or commercial use of the site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods (e) other uses deemed to violate ¡°personal use¡±. Except as noted above, you are not conveyed any right or license by implication, estoppels or otherwise in or under any patent, trademark, copyright or proprietary right of eC-T or any third party.

You may not use, frame or utilize framing techniques to enclose any eC-T trademark, logo or other proprietary information (including the images found at this site, the content of any text or the layout/design of any page or form contained on a page) without eC-T's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing eC-T's name, trademark or product name without eC-T 's express written consent.

Linking

You are granted a limited, nonexclusive right to create a hyperlink to this site provided such link does not portray eC-T or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use an eC-T logo or other proprietary graphic or trademark of eC-T to link to this site without the express written permission of eC-T. This limited right may be revoked at any time.

eC-T makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this site, or sites linking to this site. The linked sites are not under the control of eC-T and eC-T is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. eC-T is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by eC-T of the site or any information contained therein. When leaving the eC-T site, you should be aware that eC-T 's terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

User Conduct

In using this site, you agree:
  • Not to disrupt or interfere with the security of, or otherwise abuse, the site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;
  • Not to disrupt or interfere with any other user's enjoyment of the site or affiliated or linked Web sites;
  • Not to upload, post or otherwise transmit through or on this site any viruses or other harmful, disruptive or destructive files;
  • Not to use or attempt to use another's account, service or system without authorization from e-Commerce Technology, Inc., or create or use a false identity on this site;
  • Not to transmit through or on this site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; and
  • Not to attempt to obtain unauthorized access to the site or portions of the site that are restricted from general access.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including, but not limited to, United States export restrictions, that relate to your use of or activities on this site. You agree to (a) immediately notify eC-T of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. eC-T cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Forums and Interactive Areas

This site may include discussion forums or other interactive areas. Forums and interactive areas shall be used only for noncommercial purposes. By using any forum or interactive areas, you agree not to do any of the following:
  • Upload to, distribute or otherwise publish through this site any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, racially, ethnically or otherwise objectionable.
  • Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or would otherwise create liability or violate any local, state, national or international law, including, but not limited to, the regulations of the US Securities and Exchange Commission or any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange or NASDAQ.
  • Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
  • Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content.
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
  • Stalk or otherwise harass.
  • Without eC-T 's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.
eC-T takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. eC-T reserves the right but not the obligation to remove any materials it deems objectionable. You agree to hold harmless eC-T and its affiliates and parties with whom eC-T has contracted for purposes of hosting or maintaining this site from all claims based upon communications made or materials posted by others or the use by third parties of this site.

Copyright Policy and Copyright Agent

It is eC-T's policy to respect the copyright and intellectual property rights of others. eC-T may remove content that appears to infringe upon the copyright or other intellectual property rights of others. In addition, eC-T may terminate the accounts of users who appear to infringe upon the copyright or other intellectual property rights of others.

If you believe that eC-T or any user of our site has infringed your copyright in any material way, please notify eC-T's Copyright Agent, and provide the following information:
  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
  • An identification of the copyrighted work claimed to have been infringed.
  • An identification of the material that you claim is infringing so that we may locate it on the site.
  • Your address, telephone number and email 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.
  • A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
Indemnification

You shall remain solely liable for the Content of any messages or other information you upload or transmit to eC-T, including any discussion forums or interactive areas of this site. You agree to indemnify and hold harmless eC-T 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 conduct, your violation of these terms and conditions, or your violation of any rights of a third party.

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to eC-T or postings on this site, are non-confidential and shall become the sole property of eC-T. eC-T shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to eC-T , including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

Disclaimer of Warranties

You understand and agree that this site and the information, tools, services, products and materials available through it are provided on an "as-is" and "as available" basis. You expressly agree that use of this site is at your sole risk.

To the fullest extent permissible pursuant to applicable law, eC-T and its affiliates disclaim all warranties of any kind, either express or implied, including but not limited to any warranties of title, or implied warranties of merchantability or fitness for a particular purpose. No oral or written information provided by eC-T or its affiliates, officers, directors, employees, agents, providers, merchants, sponsors, licensors or the like shall create a warranty; nor shall you rely on any such information or advice.

You expressly agree that use of this site, including all content, data or software distributed by, downloaded or accessed from or through this site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business or your computer system or loss of data that results from the download of such content, data and/or software.

You acknowledge that eC-T does not control in any respect any information, products or services offered by third parties on or through this site. Except as otherwise agreed in writing, eC-T and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of content or products distributed or made available by third parties through this site.

eC-T assumes no responsibility for any damages suffered by a user, including, but not limited to, loss of data from delays, non-deliveries of content or email, errors, system down time, mis-deliveries of content or email, network or system outages, file corruption or service interruptions caused by the negligence eC-T, its affiliates, its licensors or a user's own errors and/or omissions.

eC-T disclaims any warranty or representation that confidentiality of information transmitted through this web site will be maintained.

Some states do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.

Customer Reviews/Ratings

Customer reviews and ratings reflect the aggregated responses of actual customers--typically many thousands of consumers--surveyed at the point-of-sale for each online merchant. As such, these ratings are informative for those wishing to use them, but they do not guarantee any level of performance by an online merchant or other third party in any given transaction.

Users agree not to take any actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of the customer reviews. Furthermore, users agree not to post any review that is false or that contains profanity, personal attacks upon individuals, ethnic slurs, personal information such as credit card numbers, material that violates another's legal rights, or other offensive or inappropriate content for a general shopping audience. By posting a review, the poster thereby represents that the review is based upon an actual online shopping experience with the merchant being reviewed and irrevocably assigns all copyright and other intellectual property rights in the review to eC-T. eC-T may publish the review on its Web site or elsewhere in its discretion and reserves the right to remove or alter the content of any review deemed offensive or in violation of its policies, and all decisions by eC-T in this regard are final.

Limitation on Liability

Under no circumstances, including, but not limited to, negligence, shall eC-T or its parents, subsidiaries, affiliates, officers, directors, employees, agents, suppliers or any other party involved in creating, producing, transmitting, or distributing eC-T or related services be liable for any indirect, incidental, special, consequential, exemplary and punitive damages arising from or in connection with the use or inability to use eC-T or any content provided by or through this site, or resulting from unauthorized access to or alteration of your transmissions or data, or other information that is sent or received, including but not limited to damages for lost profits, use, data or other intangibles, even if eC-T has been advised of the possibility of such damages.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you in such jurisdictions, liability is limited to the fullest extent permitted by law.

A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the site. Certain conditions may induce previously undetected health problems. If you, or anyone in your family, have an epileptic condition, consult your physician prior to visiting the site. Immediately discontinue use of the site and consult your physician if you experience any of the following conditions while viewing the site: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement or convulsions.

Without limiting the foregoing, under no circumstances shall eC-T or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the Superior Court of San Francisco County, California, or the United States District Court for the Northern District of California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

Termination

Notwithstanding any of these terms and conditions, eC-T reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future access to and use of this site.

Severability

If any provision of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.


Copyright 1998-2008, e-Commerce Technology, Inc. All rights reserverd. Privacy Policy, Legal.