Introduction
These Terms of Service (“Terms”) govern all use of the website accessible at https://www.ecomauthority.co/ (the “Site”), which is owned and operated by Ecom Authority LLC, a Florida limited ability company, and its subsidiaries, representatives, affiliates, officers and directors (collectively, “EA”), and all related services provided by EA (“Services”). For purposes of these Terms, the words “you” and your” refer to each individual accessing and using
the Site, and “EA” may sometimes be referred to herein as “us,” “our,” or “we.”
PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND EA. ANY PARTICIPATION IN THE SITE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO ABIDE BY THE TERMS, PLEASE DO NOT USE THIS SITE.
By accessing or using the Site, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site. EA may immediately terminate these Terms with respect to you, or generally cease offering or deny access to the Site or any portion thereof, at any time for any reason.
Modifications
We may revise these Terms at any time without notice to you. Amendments will be effective upon the posting of such updated terms on EA’s website. Your continued access or use of the Site after such posting confirms your consent to be bound by the Terms, as amended. The most current version of these Terms will be available on the Site and will supersede all previous versions of the Terms.
We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Site or any Service, content, feature, or product offered through the Site, with or without notice and/or offer opportunities to some or all users of the Site, for any reason. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any Service, content, feature or product offered through the Site.
Privacy
By accessing and using the Site, you are also agreeing to our privacy policy (“Privacy Policy”). The Privacy Policy governs how EA collects and uses your personal information in connection with the Site. The Privacy Policy is located at https://www.ecomauthority.co/privacy-policy.
Access and Use of Site
By using this Site, you represent and warrant that you are eighteen (18) years of age or older, or if you are under the age of eighteen (18) you are at least the age of thirteen (13) and are accessing the Site with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to these Terms. Certain features on this Site and certain product offerings may be subject to heightened age and/or other eligibility requirements.
Proprietary Rights
All text, graphics, button icons, images, videos, and audio clips (collectively, “Content”) that appear on the Site belong exclusively to EA or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the “Compilation”) belongs exclusively to EA or its affiliates. The Content and the Compilation are all protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Unless expressly permitted in writing by us, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Content or the Compilation.
Subject to the conditions of these Terms, we hereby grant you a limited, revocable, non- transferable and non-exclusive license to access and use the Site and to display the Site on your Internet browser for the sole purpose of shopping for the Service sold on the Site and not for any other commercial use or use on behalf of any third party. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.
The Site and all rights therein are and shall remain EA’s property. Neither these Terms nor your use of the Site shall convey or grant to you any rights: (i) in or related to the Site except for the limited license granted above; or (ii) to use or reference in any manner EA’s company names, logos, and Service names, trademarks or services marks.
Disclaimer of Warranties
THE SITE AND ANY SERVICES ADVERTISED ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." EA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, EA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICE OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SITE, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. EA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.3NOTHING CONTAINED ON THIS SITE SHALL BE INTERPRETED AS LEGAL, PROFESSIONAL, FINANCIAL, OR OTHER ADVICE TO YOU.
Limitation of Liability
NO PARTY HEREUNDER (INCLUDING, WITHOUT LIMITATION, EA) WILL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY BUSINESS INTERRUPTION OR LOSS OF USE, GOODWILL, DATA, PROFIT OR BUSINESS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS (HOWEVER ARISING, INCLUDING NEGLIGENCE, CONTRACT, STATUTORY OR OTHERWISE), EVEN IF THE PARTIES ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED, THE AMOUNT ACTUALLY PAID BY YOU TO EA DURING THE 90 DAYS IMMEDIATELY PRECEDING THE ACTION GIVING RISE TO SUCH CLAIM; AND EA’S TOTAL CUMULATIVE LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, STATUTE, TORT OR OTHERWISE, WILL NOT EXCEED, THE AMOUNT ACTUALLY PAID BY YOU TO EA DURING THE 90 DAYS IMMEDIATELY PRECEDING THE ACTION GIVING RISE TO SUCH CLAIM.
Indemnification
You agree to indemnify and hold EA and its affiliates and their respective officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Site or services obtained through your use of the Site; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party.
Class Action Waiver – PLEASE READ THIS SECTION CAREFULLY – MAY AFFECT YOUR LEGAL RIGHTS
EA and you agree that EA and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms in connection with the Site will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. EA and you further agree that EA and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms or in connection with the Site.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in Miami-Dade County, Florida.
Dispute Resolution
By using the Site, you agree that all disputes, claims, or causes of action arising from or related to your use of the Site will be resolved through binding arbitration in Miami-Dade County, Florida in accordance with the rules of the American Arbitration Association. ARBITRATION OF A DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Severability
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Assignment
EA is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement
These Terms constitute the entire agreement between EA and you in relation to your use of the Site and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of law principles. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Florida residents to assert claims under Florida law whether that are by statute, common law, or otherwise. These provisions are only intended to specify the use of Florida law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Florida law to you if you do not otherwise reside in Florida.
Notice
EA may give notice by means of a general notice on the Site, electronic mail, telephone or text message to any phone number provided by you, or by written communication sent by first class mail or pre-paid postage to any address provide by you. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to EA, with such notice deemed given when received by EA, at any time by first class mail or pre- paid post to our legal counsel at Ecom Authority LLC, c/o NT Legal, 2121 SW 3rd Ave, Suite 201, Miami, FL 33133, Attn: Nima Tahmassebi.
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