Ecommercemax LLC offers you access to this Web site based strictly on the terms contained in this Agreement. By visiting this website and making use of any of the information and services provided on this website, you expressly acknowledge that you understand and agree to our terms, conditions and disclaimers ("Terms"). Ecommercemax.com may modify this Agreement at any time. Amended terms are effective upon being posted. You should, therefore, review this Agreement from time to time. Your access and use of this Web site after the effective date of amended terms means that you have accepted the amended terms. This Agreement cannot be otherwise amended except in writing signed by both you and Ecommercemax.com.
I. COPYRIGHT & TRADEMARKS: All of the content included on this Web site, including the text, photographs, graphics, video and audio content, logos, icons, screens and configurations, is the property of Ecommercemax.com or its licensors and is protected by U.S. and international copyright and trademark laws, as a compilation or collective work and/or individually. All software used on this Web site is the property of Ecommercemax.com or its software suppliers and is also protected by U.S. and international copyright laws. You do not acquire any ownership rights by printing or downloading any information or using this Web site. You may not re-sell, copy, reproduce, modify, distribute, transmit, replicate, publish, enter into a database, display, perform, create derivative works, distribute over a network, sell or offer for sale or otherwise exploit the content of this Web site to be used by your own clients or customers.
III. AFFILIATE PROGRAM: This Web site provides you an opportunity to market our products and earn commissions. You may not claim ownership of any products that you are representing. Ecommercemax prohibitions:
1. You may not place any content on this Web site that, in Ecommercemax.com's sole determination, is:
* Fraudulent, false or misleading
* Illegal, abusive or threatening
* Infringing of the copyrights and trademarks of others
* Sexually explicit
* Obscene or pornographic
* Defamatory or libelous
* Is or may be harmful to minors
2. You may not use this Web site for any commercial or political advertisements, solicitations or promotions.
3. You may not upload any destructive programs such as viruses and/or self-replicating code or take any other actions to harm this Web site.
4. You may not send unsolicited e-mail messages, including junk mail and chain letters, to any other user of this Web site.
5. You may not solicit passwords or other personal information from any other uses of this Web site.
IV. LINKS: As a convenience, this Web site may contain links to other Internet sites that are owned and operated by third parties. By offering you these links, Ecommercemax.com is not endorsing any of the other sites and Ecommercemax.com has no responsibility for the content of third party sites. You access any and all linked sites at your own risk.
V. DISCLAIMERS: THIS WEB SITE IS PROVIDED BY ECOMMERCEMAX.COM ON AN "AS IS" BASIS AND THE USE OF THIS WEB SITE IS ENTIRELY AT YOUR OWN RISK. ECOMMERCEMAX.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ECOMMERCEMAX.COM OR ITS EMPLOYEES OR REPRESENTATIVES, WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
VI. LIMITATION OF LIABILITY: NEITHER ECOMMERCEMAX.COM, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR TRANSACTIONS THROUGH THIS WEB SITE OR THE INABILITY TO GAIN ACCESS TO THIS WEB SITE. YOU AGREE THAT, IN NO EVENT SHALL ECOMMERCEMAX.COM, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS OR CONTENT PROVIDERS BE LIABLE, AND YOU RELEASES ALL SUCH PERSONS FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO YOU FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ARISING OUT OF OR RELATED TO THE USE OF THIS WEB SITE OR THE USE OF THE SERVICES THROUGH THIS WEB SITE REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM ECOMMERCEMAX.COM'S NEGLIGENCE. IN ANY EVENT, ECOMMERCEMAX.COM'S LIABILITY TO YOU IS LIMITED TO $100.00. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
VII. INDEMNIFICATION: You agree to indemnify Ecommercemax.com, and their respective officers, directors, members, employees, agents representatives, parents, subsidiaries, affiliates, licensors and content providers for and from any loss by reason of, in any way relating to, or arising out of: (a) your use of this Web site and any violation of any law, rule or regulation arising out of such use; (b) any misuse of information, including email addresses and email content arising out of or relating to your use of this Web site; and (c) any violation of this Agreement.
VIII. APPLICABLE LAW AND JURISDICTION: This Agreement shall be construed and governed by the laws of the State of California, United States of America and not by the application of choice of law principles or the laws of any other state or country. You agree that the federal and state courts located in Winnetka, California, shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from this Agreement and each of the parties irrevocably submits to the jurisdiction of such courts.
IX. FORCE MAJEURE: Ecommercemax.com will not be liable in any amount for failure to perform under this Agreement if such failure is caused by power outages, Internet outages, communications outages, fire, flood, earthquakes, tornadoes, war, acts of God or the occurrence of any other unforeseen contingency beyond the control of Ecommercemax.com.
X. ENTIRE AGREEMENT; NON-SEVERABILITY: This Agreement constitutes the entire agreement between you and Ecommercemax.com and supercedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of this Agreement. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of this Agreement shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.