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PLEASE NOTE: E-Corp Exchange. is traditional and online
goods and service provider. E-Corp Exchange and its affiliates do not store any
content on its servers.
I. General Description of Agreement
A. What This Agreement Covers
(i) Definitions
"Customer" means any person or business entity that (a) downloads, attempts to download,
or otherwise utilizes any uniform resource locator (URL) resource that resides entirely
upon a server owned/operated by E-Corp Exchange, Inc and its affiliates; (b) any
person or entity that transmits electronic mail, files, or other data transmission
into any network owned/operated by E-Corp Exchange, Inc and its affiliates; (c)
and person or business entity linked to a URL resource owned/operated by E-Corp Exchange,
Inc and its affiliates; and (d) any person or entity that contacts E-Corp Exchange,
Inc and its affiliates through the use of any telecommunications network.
"E.C.E™" means E-Corp Exchange, Inc and its affiliates,
its successors, and assigns.
B. Accepting the Agreement
When you use any of the Services
described in this Agreement, or authorize others to use them, you agree to the terms
and conditions of the entire Agreement.
C. Relation to Other Agreements
Your use of Services may also
be affected by other agreements between you and E.C.E™. When you
use, E.C.E™ website, you do not change the agreements
you already have with us. You should review those agreements for any applicable
fees and for other restrictions, which might impact your use of any other E.C.E. Services.
II. Description of the Services.
A. Services for Consumers:
E.C.E. runs many divisions
that allow customers to purchase computers products and services, software, transaction
services, through various financial networks and for settlement, and other durable
goods. In order to enroll in any E.C.E. products and services, you must be at least
18 years of age; you must populate every field on every form presented to you with
accurate data; you must have a valid email address; and you must agree to be bound
by this Agreement and/or any other agreement governing your use or purchase of the
products and/or services. Your failure to populate every field may result in your
waiver of certain rights under this Agreement, or other agreements.
1) Credit/Debit Card Authorization:
By submitting your credit/debit
card ("Bank Card") data to E.C.E., you authorize E.C.E. in its complete discretion
to submit a financial transaction(s) to your issuing bank for settlement. You agree
that once E.C.E. has approved or declined your transaction, E.C.E. has fully performed
under the terms of this Agreement.
You agree to contact E.C.E. in the event that you desire to cancel any recurring charge,
prior to the next billing cycle. Should you fail to contact E.C.E, you agree to indemnify
and hold E.C.E. harmless from any losses or damages that you suffer as a result of
a recurring charge. E.C.E. may be contacted at:
INFO@ECorpExchange.com; www.ecorpexchange.com; P.O. BOX 4374, Crestline, CA 92325.
If you think that there is an error on your account, including an incorrect amount
or unauthorized transaction, you agree to contact E.C.E. within the below time periods.
Upon proper notification, E.C.E., in its sole discretion may issue a credit to your
Bank account(s) or charge card:
" United States Issued charge cards: Within 30 days of the delivery.
" United States Bank account: Within 30 days of the delivery.
" International Issued charge cards: Within 60 days of the delivery.
2) ACH Debit Authorization
By submitting your checking
account data to E.C.E., you authorize E.C.E. in its complete discretion to submit
a financial transaction(s) to your depository bank for settlement. You agree that
once E.C.E. has approved or declined your transaction, E.C.E. has fully performed
under the terms of this Agreement.
You agree to contact E.C.E. in the event that you desire to cancel any recurring
charge, prior to the next billing cycle. Should you fail to contact E.C.E., you agree
to indemnify and hold E.C.E. harmless from any losses or damages that you suffer
as a result of a recurring charge. E.C.E. may be contacted at:
INFO@ECorpExchange.com; www.ECorpExchange.com; P.O. BOX 4374 ,Crestline, CA 92325
If you think that there is an error on your account, including an incorrect amount
or unauthorized transaction, you agree to contact E.C.E. immediately. In the event
that you contact E.C.E. within two business days after learning of the loss or theft,
you will only be liable for $50.00 or the amount of unauthorized transactions that
occur before notice of the loss or theft. If you fail to notify E.C.E. within two
business days after learning of the loss or theft, your liability shall not exceed
the lesser of $500.00 or the sum of (i) $50.00 or the amount of unauthorized transactions
that occur within the two business days, whichever is less; and (ii) the amount
of unauthorized transactions that occur after the close of two business days and
before notice to E.C.E.. If you fail to report an unauthorized transaction that appears
on a periodic statement within 60 days of your financial institutions transmittal
of such a periodic statement, you liability shall not exceed the amount of the unauthorized
transactions that occur after the close of the 60 days and before the notice to
E.C.E.. Upon proper notification, E.C.E., in its sole discretion may issue a credit
to your checking account. E.C.E. may be contacted at: info@ECorpExchange.com;
www.ECorpExchange.com; or E.C.E. Inc., P.O. BOX 4374, Crestline, CA 92325.
3) Intellectual Property
A. Online Copyright Infringement
Liability Limitation Act.
Your acceptance of this Agreement, and use of any E.C.E. products and/or services
requires that you abide by the Copyright laws of the United States and the members
of the Berne Convention. This being the case, we demand that you use due diligence
when purchasing content, or creating your own. You should have available for inspection
any license, or model release.
E.C.E. does not initiate the transmission of any copyrighted material, other than
that E.C.E. owns. The transmission or routing of financial communications through
E.C.E. is purely an automatic and technical process. E.C.E. does not select any recipient
of any copyrighted material, except as an automatic response to a request for works
E.C.E. owns the copyright to. No copyrighted material, other than that owned by E.C.E.
passes through the E.C.E. system. E.C.E. never modifies any copyrighted material other
than its own.
E.C.E. has adopted, implemented, and published a policy that provides for the termination
in appropriate circumstances of customers and account holders of our system who
infringe copyright. The determination and classification of an infringer," is in
our complete discretion.
If you believe that E.C.E. is hyperlinked to a website that is infringing upon your
copyrighted works, you may send a notice to the following email addresses, or to:
E.C.E. Inc. Copy write Department: info@ECorpExchange.com; www.ECorpExchange.com;
or E.C.E. Inc., P.O. BOX 4374, Crestline, CA 92325
Your notice should include the following:
1. An electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property
that you claim has been infringed;
3. A description of where the material that you claim is infringing
is located on the site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright or intellectual property owner, its agent,
or the law;
6. A statement by you made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property owner's
behalf.
In appropriate circumstances, and in E.C.E.'s reasonable discretion, E.C.E. shall
expeditiously disable access to the interactive service.
B. The Lanham Act
E.C.E. does not tolerate, and
will not provide its Service to any Customer that is committing acts constituting
trademark infringement, unfair competition, or any other violation under the Lanham
Act, or state or foreign trademark laws.
E.C.E. reserves the right, in its complete discretion, to cancel a contract, or disable
processing for any Customer in the event that E.C.E. believes that the Customer is
committing acts of trademark infringement.
IV. E.C.E. Privacy Policy
E.C.E. maintains its privacy policy at the following location:
http://www.ECorpExchange.com/privacy
V. Customer Accounts, Passwords,
and Security
Some interactive resources
provided to you require a username and password scheme. You are responsible for
maintaining the confidentiality and security of your username password, and you
are fully responsible for any activity that occurs under your password or account.
You agree to immediately notify E.C.E. of any unauthorized use of your password or
account, and ensure that you properly log-off any session that requests resources
protected by secure hardware/software schemes. E.C.E. shall not be liable for any
loss or damages arising from your failure to comply with this section V.
E.C.E. reserves the right at all times to disclose any information as E.C.E. deems
necessary to satisfy any applicable law, regulation, legal process or governmental
request.
VII. Software
All Content and software (if
any) that is made available to view and/or download in connection with the E.C.E.
Site/Service/Software, excluding content and/or software that may be made available
by end-users through a non-E.C.E. controlled resource, is owned by and is the copyrighted
work of E-Corp Exchange, Inc and its affiliates and/or its suppliers and is protected
by copyright laws and international treaty provisions. Your use of the Site/Service/Software
is governed by the terms of this Agreement, as well as the agreement connected to
any E.C.E. Service. You may not install or use any Site/Service/Software unless you
first agree to this Agreement, as well as the agreement connected to the particular
E.C.E. Site/Service/Software.
E.C.E. grants to you, the Customer, a revocable personal, non-transferable license
to use the Site/Service/Software as detailed in this Agreement, and for no other
purpose provided that you keep intact all copyright and other proprietary notices.
Any reproduction or redistribution of the Site/Service/Software is expressly prohibited
by law, and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT
OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED. You acknowledge
that the Site/Service/Software, and any accompanying documentation and/or technical
information, is subject to applicable export control laws and regulations of the
USA. You agree not to export or re-export the Site/Service/Software, directly or
indirectly, to any countries that are subject to USA export restrictions.
VII. Liability Disclaimer
THE INFORMATION, SITE/SERVICE/SOFTWARE,
AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE E.C.E. SITES/SERVICE/SOFTWARE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE
E.C.E. SITE/SERVICE/SOFTWARE AND TO THE INFORMATION THEREIN. CORPORATE WEALTH MANAGEMENT,
INC AND ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE E.C.E. SITE/SERVICE/SOFTWARE AT ANY TIME. ADVICE RECEIVED VIA THE
E.C.E. SITE/SERVICE/SOFTWARE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL
OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION.
E-Corp Exchange, INC AND ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK
OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SITES/SERVICE/SOFTWARE,
PRODUCTS, AND RELATED GRAPHICS CONTAINED WITHIN THE E.C.E. SITE/SERVICE/SOFTWARE
FOR ANY PURPOSE. ALL SUCH INFORMATION, SITES/SERVICE/SOFTWARE, PRODUCTS, AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. E.C.E. AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SITES/SERVICE/SOFTWARE, PRODUCTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE
EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT E.C.E. SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED
OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY E.C.E. SITES/SERVICE/SOFTWARE.
YOU SPECIFICALLY AGREE THAT E.C.E. IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING,
DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY
OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
YOU SPECIFICALLY AGREE THAT E.C.E. IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING
AND/OR INCLUDED IN ANY E.C.E. SITES/SERVICE/SOFTWARE BY ANY THIRD PARTY.
IN NO EVENT SHALL E.C.E. 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 E.C.E. SITES/SERVICE/SOFTWARE,
WITH THE DELAY OR INABILITY TO USE THE CWM SITES/SERVICE/SOFTWARE, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SITES/SERVICE/SOFTWARE,
PRODUCTS, AND RELATED GRAPHICS OBTAINED THROUGH THE E.C.E. SITES/SERVICE/SOFTWARE,
OR OTHERWISE ARISING OUT OF THE USE OF THE E.C.E. SITES/SERVICE/SOFTWARE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CWM
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 CWM SITES/SERVICE/SOFTWARE, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE E.C.E. SITES/SERVICE/SOFTWARE.
IX. Termination/Access Restriction
E.C.E. reserves the right,
in its sole discretion, to terminate your access to any or all E.C.E. Site/Service/Software
and the related services or any portion thereof at any time, without notice.
E.C.E. may also terminate or suspend your access to E.C.E. Site/Service/Software for
inactivity, which is defined as failing to log into a particular service for an
extended period of time, as determined by E.C.E.. Upon termination of the E.C.E. Site/Service/Software,
your right to use the E.C.E. Site/Service/Software immediately ceases.
E.C.E. shall have no obligation to maintain any content or to forward any unread
or unsent messages to you or any third party.
X. No Spam
E.C.E. will immediately terminate
any account that it believes, in its sole discretion, is transmitting or is otherwise
connected with any unsolicited bulk email. In addition, because damages are often
difficult to quantify, if actual damages cannot be reasonably calculated then you
agree to pay E.C.E. liquidated damages of $5 for each piece of spam or unsolicited
bulk email transmitted from or otherwise connected with your account, otherwise
you agree to pay E.C.E.'s actual damages, to the extent such actual damages can be
reasonably calculated. Such payment may be deducted directly from any monies owed
to you from E.C.E..
XII. General
The laws of the Province of
Quebec, Canada, govern this agreement. You hereby irrevocably consent to the exclusive
jurisdiction and venue of courts in Montreal, Quebec, Canada, in all disputes arising
out of or relating to the use of the E.C.E. Sites/Services. You agree that no joint
venture, partnership, employment, or agency relationship exists between you and
E.C.E. as a result of this agreement or use of the E.C.E. Sites/Services. You agree
to indemnify and hold CWM, its parents, subsidiaries, affiliates, officers and employees,
harmless from any claim, demand, or damage, including reasonable attorneys' fees,
asserted by any third party due to or arising out of your use of or conduct on the
E.C.E. Site/Service/Software.E.C.E. reserves the right to disclose any personal information
about you or your use of the E.C.E. Sites/Services, including its contents, without
your prior permission if CWM has a good faith belief that such action is necessary
to: (1) conform to legal requirements or comply with legal process; (2) protect
and defend the rights or property of E.C.E. or its affiliated companies; (3) enforce
the terms or use; or (4) act to protect the interests of its members or others.
E.C.E.'s performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of E.C.E.'s right to comply
with governmental, court and law enforcement requests or requirements relating to
your use of the E.C.E. Sites/Services or information provided to or gathered by E.C.E.
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 E.C.E. with respect to the E.C.E. Site/Service/Software
and it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and E.C.E. with respect to the E.C.E.
Site/Service/Software. 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.
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