Terms of Service

Agreement between user and eComm Engine
eCommEngine.com is a subscription-based website service that provides a hosted ecommerce website platform for businesses.

The eCommEngine.com website (the “Site”) is comprised of various web pages along with a personalized subscription website service, operated by Premium ProSites, LLC (DBA “eComm Engine”). eCommEngine.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of eCommEngine.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Privacy
Your use of eCommEngine.com is subject to eComm Engine’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications
Visiting eCommEngine.com or sending emails to eComm Engine constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account
If you subscribe to the eComm Engine service on this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that eComm Engine is not responsible for third party access to your account that results from theft or misappropriation of your account. eComm Engine and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at it’s sole discretion.

eComm Engine does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use eCommEngine.com only with permission of a parent or guardian.

Fees and Payment
By subscribing to the eComm Engine service you agree to pay the monthly subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for service (or following any free trial period) and provide your payment information and will cover the use of that service for one month as indicated. Service fees are not refundable.

Unless you notify eComm Engine before the end of the applicable subscription period, your subscription will automatically renew and you authorize us to collect the then-applicable monthly subscription fee for such service using any credit card or other payment mechanism we have on record for you.

Cancellation
Services can be canceled at any time by contacting eComm Engine by email or by sending written notice to our mailing address listed below. Cancellations take effect at the end of most recent paid service period and will not qualify for a refund except when canceled during the first 30 days.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use eCommEngine.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to eComm Engine that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content provided as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of eComm Engine or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. eCommEngine.com content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of eComm Engine and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of eComm Engine or our licensors except as expressly authorized by these Terms.

Use of Communication Services
The Site may contain forums, communities, website pages, blogs, email sender and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• publish, post, upload, distribute or disseminate any inappropriate, profane, pornographic, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
• upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
• upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
• conduct or forward surveys, contests, pyramid schemes or chain letters;
• download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
• falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services;
• violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
• harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations;
• add or send content that is spam, is machine- or randomly-generated, and contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing)

By uploading Content to the eCommEngine.com platform for inclusion on your Website, you grant eComm Engine a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your website. If you delete Content, eComm Engine will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

eComm Engine has no obligation to monitor the Communication Services. However, eComm Engine reserves the right to review materials posted to a Communication Service and to remove any materials in its reasonable opinion, violates any of its policies or is in any way harmful or objectionable. eComm Engine reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever, in its sole discretion. eComm Engine will have no obligation to provide a refund of any amounts previously paid.

eComm Engine reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in eComm Engine’s sole discretion.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

International Users
The Service is controlled, operated and administered by eComm Engine from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the eComm Engine Content accessed through eCommEngine.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless eComm Engine, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. eComm Engine reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with eComm Engine in asserting any available defenses.

Disclaimer of Warranty and Liability
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. eComm Engine company and/or its suppliers may make improvements and/or changes in the site at any time.

eComm Engine company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. eComm Engine company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall eComm Engine company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if eComm Engine company or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

Termination/Access Restriction
eComm Engine reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

General Representation
You agree that no joint venture, partnership, employment, or agency relationship exists between you and eComm Engine as a result of this agreement or use of the Site. eComm Engine’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of eComm Engine’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by eComm Engine with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and eComm Engine with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and eComm Engine with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms
eComm Engine reserves the right, in its sole discretion, to change the Terms under which eCommEngine.com is offered. Any such change or modification will be effective 30 days after posting on the Site or such other notice. As applicable, You will be deemed to have agreed to such change or modification through Your continued use of the Site or Services. The most current version of the Terms will supersede all previous versions. eComm Engine encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
We welcome your questions or comments regarding the Terms of Service:

Premium ProSites, LLC
3972 Barranca Parkway
Suite J236
Irvine, CA 92606
Email: [email protected]

_________________
Effective as of August 2, 2017