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 email@example.com.
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.
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.
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.
In using this site, you agree:
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:
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:
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.
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 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.
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.
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.
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.