BY USING THE SERVICES (AS DEFINED BELOW) OR SIGNIFYING ON THE WEBSITE OR THROUGH A RELATED CHECKOUT PROCESS, YOU, ON BEHALF OF ANY BUSINESS ENTERPRISE OR ORGANIZATION FOR WHICH YOU INTEND TO USE THE ECOMMHUB, INC. WEBSITE OR ANY TOOLS OR SERVICES AVAILABLE THROUGH THE ECOMMHUB, INC. WEBSITE (“COMPANY”), ENTER INTO THIS AGREEMENT BETWEEN COMPANY AND ECOMMHUB, INC. AND YOU ACKNOWLEDGE AND AGREE, ON BEHALF OF COMPANY, THAT BY USING THE SERVICES OR SIGNIFYING YOUR ACCEPTANCE WILL CONSTITUTE COMPANY’S LEGALLY BINDING ELECTRONIC SIGNATURE TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT PRIOR TO USING THE SERVICES OR ACCEPTING AND SIGNING THIS AGREEMENT ELECTRONICALLY, YOU RECEIVED, READ AND UNDERSTOOD A LEGIBLE, EXACT AND COMPLETELY FILLED IN COPY OF THIS AGREEMENT. ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING TERMS REFERENCED IN THIS AGREEMENT, ARE PART OF THIS AGREEMENT. READ THEM BEFORE YOU ACCEPT THIS AGREEMENT OR USE THE SERVICES. IN ADDITION, YOU REPRESENT THAT YOU ARE THE AGE OF MAJORITY OR OTHERWISE HAVE PERMISSION FROM A LEGAL GUARDIAN WHO CAN FORM A LEGALLY BINDING AGREEMENT UNDER APPLICABLE LAW, AND ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU ARE AUTHORIZED ON BEHALF OF COMPANY TO EXECUTE THIS AGREEMENT ON COMPANY’S BEHALF, AND AFFIRM THAT YOU INTEND FOR COMPANY TO BE LEGALLY BOUND BY IT. IF YOU DO NOT AGREE, DO NOT SIGNIFY THAT YOU ACCEPT THESE TERMS AND DO NOT USE THE SERVICES OR PROCEED WITH THE CHECK OUT PROCESS.
eCommHub, Inc. (hereinafter “eCommHub”, “we”, “our” or “us”) is a web-based provider of inventory management and order management for online retailers and their suppliers and related services (“Services”). Using the eCommHub platform, both retailers and suppliers can automate inventory management and order fulfillment.
1. Acceptance of Terms
This website, located at https://ecommhub.com (“Website”), is owned and operated by eCommHub, Inc. (hereinafter “eCommHub “, “we”, “our” or “us”). eCommHub develops software applications and services for its users and allows visitors to sign up to for periodic updates. The Website contains text, pictures, graphics, logos, images, works of authorship, computer code, look and feel, trade dress, technical information, animations, and other content, as well as available features or services discussed, referenced, provided or offered through or on the Website (collectively with all information and material about eCommHub and its services, “Content”). Your access to and use of this Website and its Content are subject to these terms of service (“Terms of Service”), as well as all applicable laws and regulations.
Your use and/or purchase of any eCommHub Services, whether fee-based or offered for free, on our Website is subject to these Terms of Service, which may be accessed on our Website. To purchase, use or access certain eCommHub Services, you must have a valid eCommHub account. You will be prompted by the Website to either create an account or to log in using your account credentials for such Services. New Services and/or features are subject to these Terms of Service, and your continued use of the Services after the introduction of new features and/or Services constitutes your acceptance of these Terms of Service. If you do not accept and agree to be bound by these Terms of Service, you are not authorized to access or otherwise use the Services.
PLEASE NOTE: Only individuals of the age of majority or otherwise have permission from a legal guardian or parent who can form a legally binding agreement under applicable law are permitted to use the Website and/or establish a Website account where applicable. Please read these Terms of Service carefully. If you do not accept and agree to be bound by any of these Terms of Service, you are not authorized to access or otherwise use this Website, any information or Content contained on this Website, or any Services available through this Website. Your access to and use of this Website and Services constitutes your acceptance of and agreement to abide by these Terms of Service. These Terms of Service may be changed, modified, supplemented or updated by eCommHub from time to time without advance notice by posting here, and you will be bound by any such changed, modified, supplemented or updated Terms of Service if you continue to use this Website or the Services after such changes are posted. Unless otherwise indicated, any new Content or Services added to this Website will also be subject to these Terms of Service effective upon the date of any such addition. You are encouraged to review the Website and these Terms of Service periodically for updates and changes.
Please contact us as indicated in the “How to Contact Us” section below if you have any questions or would like additional information regarding these Terms of Service.
2. Types of eCommHub Accounts and Account Terms
eCommHub offers Services for free on a temporary, trial basis (“Trial Services”) and fee-based Services (“Paid Services”). More information on these unique offerings and the various plans that are available for these offerings can be found on the Website at https://ecommhub.com. If you enroll in Trial Services, you will be notified by email when the temporary trial period expires, and your eCommHub account will be temporarily suspended so that eCommHub is no longer connected to your online store for the purpose of updating products and orders. Your account will be reactivated once you pay your first invoice.
If you enroll in either the Trial Services or Paid Services, eCommHub grants to you, and you accept, the nonassignable, nontransferable, nonsublicensable, and nonexclusive right to access the Services and use the Services, including any software that is required to be installed on your systems and only as authorized in these Terms of Service and related documentation as described on the Website for the term of the Trial Services as stated at the time you enroll and for as long as you have paid all fees associated with Paid Services as they come due. By enrolling and creating an account, you represent to eCommHub that you have the authority to send pricing, sales and other information related to your business to eCommHub.
Additional rights and restrictions may apply to Paid Services as listed on the Website or in other supporting agreements, and in such cases, the Website or supporting agreements will govern where conflicts exist between these Terms of Service and the Website or supporting agreements. In all instances where software provided by eCommHub is required to be installed on a system other than eCommHub’s, including your systems, such software is deemed to be a Service, and governed according to these Terms of Service, including all rights, obligations, restrictions and prohibited actions related thereto as stated herein.
eCommHub will provide you with a password-protected account to use for administering relevant features of the Services, if applicable. You authorize eCommHub to log into this account as an administrator and access any data associated with this account for any reason, including for purposes of debugging or performing other maintenance functions on your account. Please note that some Services may not be available in all jurisdictions.
At its sole discretion, eCommHub may provide technical support services to you so long as your account is active. eCommHub will determine in its sole discretion the means and methods through which it will provide technical support.
3. Payment Terms
We may offer on the check out page how you will be billed for the Services selected (e.g., monthly, quarterly, annually) (each, a “Subscription Period”), though eCommHub may choose to offer alternative billing periods, (each, also, a “Subscription Period”). Fees for each Subscription Period will be pre-paid at the start of the Subscription Period, charged to the payment method you have selected prior to the start of such Subscription Period. If the payment method information you have provided is incorrect or incomplete, or eCommHub is unable to complete a transaction due to any error or omission, eCommHub will attempt to contact you and inform you of the problem. If the problem is not corrected promptly, it will be considered a breach of the Terms of Service and eCommHub may suspend or terminate your account and the Services thereunder, at eCommHub’s sole discretion. eCommHub may send you an email receipt upon each payment charge, or you may access payment records through your eCommHub account.
If you change the type of Services during a Subscription Period, any incremental cost will be prorated over the remaining term of the applicable Subscription Period and charged to your payment method selected. If you remove a Paid Service during a Subscription Period (or “downgrade” any Paid Service to a less expensive option), any unused portion will be prorated over the remaining term of the applicable Subscription Period and a credit (toward future purchases) will be applied to your account but no refunds will be awarded.
You will have fourteen (14) calendar days from the date of any charge to address any questions or concerns you have about the charge. All fees are exclusive of all taxes, levies or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies or duties. All fees are payable in U.S. Dollars and are based on Services purchased and not on actual usage. All fees paid to eCommHub are non-refundable. Fees charged by eCommHub for access to and use of the Services are subject to change upon 30 calendar days from the date upon which eCommHub posts notice of the price change on the Website.
If you purchase any eCommHub Services, you agree to allow eCommHub, or our payment affiliates or service providers, to process and/or store your payment card information. You also agree to pay the applicable fees for the Services as they become due plus all related taxes, and to reimburse us, our payment affiliates and eCommHub’s providers for all collection costs and interest for any overdue amounts.
4. Cancellation, Suspension and Termination
You may cancel your account with eCommHub and your access to the Website and Services at any time by sending notice of cancellation via email to email@example.com . Once your account is cancelled, eCommHub will immediately revoke your access to your eCommHub account. eCommHub will then send you a final invoice for the last Billing Period within which your account with eCommHub was active.
For Paid Services, eCommHub may suspend or terminate access to all or any part of the Website or Services at any time and terminate these Terms of Service, if: (i) you materially violate, or in eCommHub’s sole discretion, eCommHub suspects that you are materially violating these Terms of Service; (ii) eCommHub provides you with commercially reasonable notice of this violation by email; (iii) eCommHub uses commercially reasonable efforts to discuss and resolve the violation with you; and (iv) despite the foregoing, the violation is not resolved in a manner satisfactory to eCommHub in its sole discretion. If, after the foregoing, you have not cured the violation, then within ten (10) days of the commencement of a suspension under this section, eCommHub may immediately terminate the Services for cause.
For Trial Services, eCommHub may suspend or terminate access to all or any part of the Website or Services at any time for any reason, without notice. eCommHub reserves the right to suspend Services for any account as it may deem appropriate in response to actual or suspected violations of these Terms of Service.
5. Limited License and Website Access; All Rights Reserved
eCommHub hereby grants you a limited, non-exclusive, revocable, non-transferrable, non-sublicenseable license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of eCommHub. This license does not include any resale or commercial use of this Website or the Content; any collection and use of any pages; any derivative use of this Website or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. Neither this Website nor any portion of this Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of eCommHub. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of eCommHub without eCommHub’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of eCommHub’s or any third party’s name(s) or service marks without the express written consent of their respective owners. We (or the respective third party owners of Content) retain all right, title, and interest in this Website and any Content, features and services offered on this Website, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by eCommHub for access and use of the Website.
Unless stated otherwise on the Website or in a separate written agreement between you and eCommHub, the grant to access and use the Services herein does not include any right to resell the Services, make commercial use of the Services or to make any derivative use of Services, reproduce, duplicate, copy, or otherwise exploit for any commercial purpose the Services. eCommHub (or the respective third party owners) retains all right, title, and interest in the Services, including any and all intellectual property rights. eCommHub (or the respective third party owners) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by eCommHub for the Services.
Except as otherwise expressly stated, all Content appearing on this Website, all software portions of the Services and software constituting Services are the copyrighted work of eCommHub, its users or its third party content suppliers and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of eCommHub and is protected by U.S. and international copyright laws.
You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information, Content or Services obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of eCommHub or any applicable third party suppliers. The use of Content or Services by you, or anyone else authorized by you, is prohibited unless specifically permitted by eCommHub. Any unauthorized use of Content or Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes. eCommHub does not warrant or represent that your use of Content, Services or any other materials displayed on this Website will not infringe rights of third parties. If you believe that any Content or Services on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at firstname.lastname@example.org with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
7. Trademarks and Service Marks
Certain trademarks, including “eCommHubª”, are the service marks and trademarks of eCommHub or one of its affiliates. The domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of eCommHub. All other trademarks, service marks, trade dress, names of Services, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of their owners.
8. Ownership of Information Submitted via Website and Services
9. Connection Requirements
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use this Website, and eCommHub reserves the right to change the access configuration of this Website at any time without prior notice.
10. Prohibited Use
Any use or attempted use of this Website or the Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party’s use and enjoyment of the Website or the Services, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by eCommHub to be made accessible to a user, or (vi) to obtain or attempt to obtain any materials or information through any means not intentionally made available by eCommHub, or (vii) for any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Website and Services, you agree you will not:
- Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
- Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any eCommHub representative or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- Use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
- Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
- Violate any applicable local, state, national or international law;
- Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- Delete or revise any material posted by any other person or entity unless such material is incorrect and you are permitted to delete or revise it;
- Manipulate or otherwise display the Website by using framing, creating deep-links to the Website by by-passing the Website’s home page, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage, https://ecommhub.com, in accordance with the Limited License and Site Access outlined above;
- Probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services if you are not expressly authorized by such party to do so;
- Harvest or otherwise collect information about others, including e-mail addresses;
- Use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website; or
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website
11. Right to Monitor
12. No Editorial Control of Third Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the Website is provided by users or third party content providers, eCommHub has no editorial control or responsibility over such Content. Therefore, any opinions, statements, services or other information expressed or made available by third party suppliers on this Website are those of such users or third party suppliers. eCommHub does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any user or third party, or represent or warrant that your use of the Content displayed on this Website or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with eCommHub.
13. Links to Third Party Websites
14. Password Accounts, Passwords and Security
If you have been given the option to open an account on this Website or within the Services that will provide you with access to password protected portions of the Website and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify eCommHub of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. eCommHub will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by eCommHub or another party due to someone else using your account or password. You may not use anyone else’s account at any time.
15. Applicability of Other Terms
In addition to these Terms of Service, additional or different terms and conditions (“Other Terms”) may apply in connection with certain types of available features or Content. If applicable, these Other Terms will be set forth (i) where you are permitted to access such available features and Content, or (ii) in a link adjacent to where you are permitted to access such available features and Content. You should carefully review all Other Terms, as applicable, before accessing and using such available features and Content. These Other Terms are incorporated into and made a part of these Terms of Service by reference. In the event these Terms of Service directly conflict with the Other Terms, the Other Terms shall control with respect to the specifically conflicting subject matter.
16. Reservation of Rights
eCommHub reserves the right in its sole discretion and at any time (i) to deny any account creation request, (ii) to terminate your account and subscription to the Website or the Services, (iii) to remove any animated work or any other Content from the Website, (iv) to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Website or any subscription to the Website or the Services, in whole or in part, including, but not limited to, as eCommHub deems necessary for purposes of maintenance, upgrades and the like, to maintain the Website and the Services or to comply with applicable law. eCommHub shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the Website or subscriptions to the Website or the Services and shall have no obligation to refund any fees paid pursuant to these Terms of Service.
The failure of eCommHub to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
18. Warranty Disclaimer
Content and other information contained on this Website and within the Services has been prepared by eCommHub as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. eCommHub has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to this Website, the Services or any other Website maintained by eCommHub. Users relying on Content or other information from this Website or the Services do so at their own risk.
The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to use or purchases of eCommHub’s Services, but are provided solely for general informational purposes. Should you purchase Services, or any other product or service available from eCommHub or purchase eCommHub’s products or Services from a third party, the terms and conditions applicable to that transaction will govern such purchase, as applicable, and your use of this Website does not affect that purchase in any manner.
YOUR USE OF THIS WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND ECOMMHUB EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND SATISFACTORY QUALITY. ECOMMHUB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MAKE NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
19. Limitation of Liability
EXCEPT AS OTHERWISE SPECIFICALLY DESCRIBED IN THE WRITTEN TERMS (INCLUDING THE OTHER TERMS) GOVERNING THE USE OR SALE OF SERVICES, YOU UNDERSTAND AND AGREE THAT ECOMMHUB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF ECOMMHUB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE OR SERVICES, THE COST OF OBTAINING SUBSTITUTE SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, SERVICES OBTAINED FROM TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR SERVICES, STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE, CONTENT OR SERVICES. IN NO EVENT SHALL ECOMMHUB’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE TERMS OF SERVICE EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO ECOMMHUB IN THE PRECEDING SIX (6) MONTHS AND THE AMOUNT OF FIFTY DOLLARS ($50.00).
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You agree to defend, indemnify and hold harmless eCommHub, its members, affiliates and/or partners, and its and their officers, directors, partners, shareholders, agents, licensees and employees from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise out of or relate to your authorized, unauthorized, lawful or unlawful use of the Website, Services or Content, your breach of the Terms of Service as stated herein or as modified from time to time in eCommHub’s sole discretion, your inability to access the Website or Services, the use of any linked web sites, your reliance on any errors or omissions in the Website or Services, or the propagation and/or contraction of any computer virus in connection with your use of the Services and/or the Content.
21. Force Majeure
eCommHub shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
Any notices to you from eCommHub regarding the Website, the Services or these Terms of Service will be posted on this Website or made by e-mail or regular mail. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your eCommHub account, which you may not be able to opt-out from receiving them unless you terminate your account. Any notice or communication that you desire or are required to send eCommHub under the Terms of Service should be sent to eCommHub through one of the means listed in the Contacting Us section below.
23. Electronic Communications
When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Service.
24. Entire Agreement
These Terms of Service and Other Terms that eCommHub may post on this Website constitute the entire agreement between eCommHub and you in connection with your use of the Services, this Website and the Content and supersedes any prior agreements between eCommHub and you regarding use of this Website or the Services, including prior versions of these Terms of Service.
25. Governing Law; Jurisdiction; Venue; Severability of Provisions
The Terms of Service are governed by the laws of the State of Georgia, USA and controlling United States Federal law without regard to any conflicts of law provisions. All parts of these Terms of Service apply to the maximum extent permitted by law. We both agree that if we cannot enforce a portion of these Terms of Service as written, then that portion will be replaced with terms that most closely match the intent of the portion that cannot be enforced to the extent permitted by law. The invalidity of part of these Terms of Service will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises. Any claim or dispute arising out of or relating to these Terms of Service shall be subject to the exclusive jurisdiction of state or federal courts located in Fulton County, Georgia, and you hereby consent and submit to the personal jurisdiction of such courts. In any action or proceeding to enforce rights under these Terms of Service, the prevailing party will be entitled to recover costs and attorneys’ fees.
26. Applicability of the Uniform Commercial Code
You agree that these Terms of Service do not constitute a contract for the sale of goods; therefore, these Terms of Service shall not be governed by any codification of Article 2 or 2A of the Uniform Commercial Code, or any codification of the Uniform Computer Information Technology Act (UCITA), or any references to the United National Convention on Contracts for the International Sale of Goods.
27. No Agency Relationship
Neither these Terms of Service, the Services, nor any Content, materials or features of this Website create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.
You agree that any violation, or threatened violation, by you of these Terms of Service constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
29. Contacting Us
If you have any questions or concerns about these Terms of Service, please contact us at email@example.com or by telephone as provided below. We will attempt to respond to your questions or concerns promptly.
by phone at 678-653-1482
These Terms of Service were last updated and posted on May 10, 2012.