Terms & Conditions

This User Agreement ("Agreement") is a contract between you and E-Corp Exchange, Inc., a company having a place of business at P.O. BOX 4374, Crestline, CA 92325 (“E-Corp Exchange”) and applies to your use of the E-Corp Exchange service and any related products and services (collectively the "Service") available through www.ECorpExchange.com (the “Site”). If you do not agree to be bound by the terms and conditions of this Agreement, you may not use this Site or use any of the Services.

E-Corp Exchange may amend this Agreement at any time by posting a revised version hereof on the Site. Except as stated herein, all amendments hereto shall be effective 30 days after they are posted on this Site.

In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "E-Corp Exchange" "we" or "our" will refer collectively to E-Corp Exchange.

Representations and Warranties. You represent and warrant that all of the following are true in respect of yourself and all of your affiliates at the time of your entry into this Agreement and so long as you continue to use the Site or any of the Services:

Duly Constituted. If you are an entity other than an individual, that it is duly constituted under the laws of its constituting jurisdiction and that it has legal capacity to enter into this Agreement and perform its obligations hereunder;

Capacity. If you are an individual, then you are both (i) of at least 18 years of age and (ii) of the legal age for the conclusion of verbal contractual obligations in his or her place of residence and his or her place of business and that he or she does not require the consent, approbation, or approval of any other person or entity to conclude or contract a valid obligation of the type set forth herein;

No Conflict. Your execution of and performance under this Agreement in no way breaches, contravenes, violates or in any manner conflicts with any legal obligation of the Merchant, including, without limitation, any agreement between or among Merchant and any third party or parties;

Changes in User Information. Any and all information provided to us by you (collectively, "User Information") is and shall remain through unless otherwise agreed in writing by us;

E-Corp Exchange Reputation. You will maintain the value and reputation of E-Corp Exchange to the best of its reasonable ability;

Notice of Errors. You will immediately advise E-Corp Exchange in writing of any errors in the Services;

Compliance with Laws. You will conduct your business affairs in an ethical manner and in accordance with the terms and intent of this Agreement, and in compliance with all applicable laws and regulations;

Fraud. You shall not use the Services in connection with any illegal or fraudulent business activities under any laws or regulations of any applicable jurisdiction;

Use of Services. You shall not permit or authorize any other person or entity to use the Services without prior written consent of E-Corp Exchange;

Personal Information Laws. User shall transmit to E-Corp Exchange only such information and data which has been collected and so transmitted in full compliance with all applicable Personal Information Laws (meaning all those applicable laws concerning the storage or transfer of personal information, including, without limitation, the following:

1. An Act Respecting the Protection of Personal Information in the Private Sector, R.S.Q., c. P-39.1;
2. An Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information, R.S.Q., c. A-2.1;
3. Privacy Act, R.S.C., c. P-21;
4. Personal Information Protection and Electronic Documents Act, R.S.C., c. .6;and
5. An Act Respecting Health Services and Social Services, R.S.Q., c. S-4.2;

and for which E-Corp Exchange need obtain no additional consent to store, use and transmit to third parties in the performance of the Merchant Services; the Merchant shall not transmit to any third person any personal information concerning any person sent from E-Corp Exchange to the Merchant unless Merchant has obtained prior written consent from E-Corp Exchange;

Consent for Change of Merchant Information. You will not charge or modify the Merchant Information without the prior written consent of E-Corp Exchange;

Disclosure to Customers. Prior to E-Corp Exchange providing the Services in relation to a Customer, the Merchant shall deliver, by postal mail or e mail, its full legal name, street address, telephone number, and e mail address to each such Customer and provide E-Corp Exchange access to records of such correspondence, upon request by E-Corp Exchange;

Legal Counsel. If you are a Merchant, you have had ample opportunity to obtain legal advice as to the legal effects of this Agreement; and

No Spam. It shall not make any reference or link to E-Corp Exchange, or any of its affiliates, services or products in any correspondence that is sent in violation of any applicable laws, including anti-spam laws.

Agency Relationship. We act as your agent based upon your direction and your requests to use our Services that require us to perform tasks on your behalf. E-Corp Exchange will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose.

Release. In the event that you have a dispute with one or more users, you release E-Corp Exchange (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. We, our subsidiaries, employees and our suppliers provide our services "as is" and without any warranty or condition, express, implied or statutory. We, our parent, subsidiaries, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. E-Corp Exchange shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner and but we make no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependant upon many factors outside of our control, such as delays in the banking system or mail service.

Limitation of Liability. In no event shall we, our subsidiaries, employees or our suppliers be liable for any lost profits, special, incidental or consequential damages arising out of or in connection with the Site, our Service, or this Agreement (however arising, including negligence). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. Under no circumstances shall our liability to you exceed the amount of the revenue earned from transactions carried out by you in the six months prior to the event giving rise to liability.

Indemnification. You agree to indemnify and hold E-Corp Exchange, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service. You agree that, if either you or E-Corp Exchange commence litigation or arbitration in connection with this paragraph, the prevailing party is entitled to recover reasonable attorneys' fees and any other costs incurred in such proceeding in addition to any other relief to which the prevailing party may be entitled.

Your information and your activities with E-Corp Exchange shall not, without limitation to other prohibitions set out herein:

1. Involve the sale of:
   1. illegal, counterfeit or stolen items.
   2. child pornography.
   3. controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia.
   4. stolen property
   5. any products or services deemed illegal by international law
2. money laundering.
3. Infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy.
4. Violation of any law, statute, ordinance, contract or regulation, including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising.
5. Be misleading, false, or inaccurate in respect of E-Corp Exchange or any other User.
6. Any defamatory, trade libelous, unlawfully threatening or unlawfully harassing statements are information.
7. any spamming.

Account Security. E-Corp Exchange implements various security levels and measures to protect your account.

The term of this Agreement shall begin as of the moment of your acceptance of the terms hereof and shall continue so long as you use the Site or the Services, unless terminated pursuant terms hereof.

1. Reports of unauthorized or unusual credit card use associated with the account including, but not limited to, notice by the card issuing bank. This includes notices made by you to your credit card company that a transaction was unauthorized or your account compromised, and is done in order to protect you from further unauthorized use of your card
2. The account has been used in or to facilitate fraudulent activity
3. Violations of this User Agreement
4. Any breach hereof

This Agreement is governed by and interpreted under the laws of the state of California as such laws are applied to agreements entered into and to be performed entirely within the state of California.

• No refund for domain name registration fees.

• No refund for software shipping and handling fees.

• No refund for any unused bandwidth.

• No refund on any additional or optional services or features added from the Control Panel by the customer.