TERMS OF USE

AGREEMENT TO TERMS

These Terms and Conditions of Use ("Terms of Use") apply to “www.ecomgraduates.com” (the “Website”) operated by EcomGraduates LLC (herein, "EcomGraduates", "we" or "us" as the context may require). Please read these Terms of Use carefully before using the Website. By accessing the Website you agree to these Terms of Use and other applicable law. Please do not use the Website if you do not agree with these Terms of Use. EcomGraduates reserves the right to alter or modify these Terms of Use at any time. You agree to periodically review the Terms of Use of this Website and agree that your continued use of the Website constitutes your consent to the latest modified Terms of Use.

 

The Website is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Website. You may not use the Website in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

 

These Terms of Use contain a binding arbitration agreement and a class action waiver for United States residents. If you live in the United States, the binding arbitration agreement and class action waiver affect your rights. Please read the text under the section titled “Binding Arbitration Agreement; Class Action Waiver (U.S. Residents Only)” carefully.

 

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Website “AS IS” for your information and may not be used without our express written permission. Except as expressly provided in these Terms of Use, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, the Content and the Marks.

 

PRIVACY

EcomGraduates takes the privacy of the users’ of its websites seriously and is committed to its safeguarding. Privacy terms in connection to the Website are described in our Privacy Policy.

ORDERS

By placing an order for products or services on the Website, you agree to the terms of sale provided with your order (the “Services Terms of Sale”) which such terms are incorporated herein by reference (for terms of sale related to Ecomify, please click here). We attempt to ensure that product information on the Website is complete, accurate and current. Despite our efforts, information on the Website may occasionally be inaccurate, incomplete or out of date. Except as prohibited by applicable Rhode Island law, we make no representation as to the completeness, accuracy or currency of any information on the Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about descriptions, specifications, prices and availability without notice.  If there is any inconsistency between this Orders section and the Services Terms of Sale, the Services Terms of Sale apply.

Products ordered through the Website are subject to acceptance by EcomGraduates in its sole discretion. EcomGraduates may refuse to accept or may cancel any product order, whether or not confirmed, for any or no reason, in its sole discretion, and without liability to the purchaser or any third party. If a purchaser’s credit card has been charged for an order that is subsequently cancelled by EcomGraduates, EcomGraduates shall issue a credit to your credit card account.

LINKS TO THIRD PARTIES

For your convenience, links to websites owned by third parties may be provided on the Website from time to time. These links take you outside EcomGraduates’ service and off the Website. The websites you can link to have their own separate privacy policy and although EcomGraduates seeks to protect the integrity of its Website, we are not responsible and cannot be held liable for the content and activities of these third party websites. Your use of such other websites is entirely at your own risk. Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them.

USER GENERATED CONTENT

EcomGraduates does not, and you agree that EcomGraduates has no obligation to, review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the Website (including, without limitation, in customer reviews, bulletins, or on other websites) (collectively, “User Generated Content”), that EcomGraduates is not in any manner responsible for User Generated Content, that EcomGraduates does not guarantee the accuracy, integrity or quality of User Generated Content, and that EcomGraduates cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view User Generated Content on the Website, EcomGraduates is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of EcomGraduates or its affiliated or related entities or content providers. Notwithstanding the foregoing, you acknowledge and agree that EcomGraduates has the absolute right to monitor User Generated Content posted to the Website in its sole discretion. In addition, EcomGraduates reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content.

You agree that you shall immediately notify EcomGraduates in writing of any objectionable content appearing on the Website. EcomGraduates will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content whatsoever. Any use of any content on the Website, including, without limitation, User Generated Content will be at your own risk.

You may not post or otherwise distribute content to the Website which EcomGraduates in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of EcomGraduates or another party, illegal, or otherwise objectionable to EcomGraduates. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization. You may be required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to the Website.

USE OF INFORMATION SUBMITTED

You agree that EcomGraduates is free to use any comments, information, designs, ideas, or other content contained in any User Generated Content posted by you to the Website, or created by you while accessing the Website (including, without limitation, any designs or other materials created or submitted by you on the Website), or contained in any communication you may send to EcomGraduates or submit to the Website without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Website or other products or services. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of any information submitted to us by you for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such information submitted to us by you, and you hereby warrant that any such information is original or that you have the right to submit such information to us. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in the information you have submitted.

ADDITIONAL TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.

USER REPRESENTATIONS

By using the Website, you represent and warrant that:  (5) you are not a minor in the jurisdiction in which you reside; (6) you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Website for any illegal or unauthorized purpose; and (8) your use of the Website will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

 

PROHIBITED ACTIVITIES

You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

1. As a user of the Website, you agree not to:
2. Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
3. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
4. Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.
5. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.
6. Use any information obtained from the Website in order to harass, abuse, or harm another person.
7. Make improper use of our support services or submit false reports of abuse or misconduct.
8. Use the Website in a manner inconsistent with any applicable laws or regulations.
9. Use the Website to advertise or offer to sell goods and services.
10. Engage in unauthorized framing of or linking to the Website.
11. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.
12. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
13. Delete the copyright or other proprietary rights notice from any Content.
14. Attempt to impersonate another user or person or use the username of another user.
15. Sell or otherwise transfer your profile.
16. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
17. Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
18. Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.
19. Copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software.
22. Use a buying agent or purchasing agent to make purchases on the Website.
23. Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
24. Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise.

 

USER DATA

We will maintain certain data that you transmit to the Website for the purpose of managing the performance of the Website, as well as data relating to your use of the Website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

 

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

 

TERM AND TERMINATION

These Terms of Use, as may be amended from time to time, shall remain in full force and effect while you use the Website and shall be applicable to your conduct with relation to the Website and any arbitration or other proceeding thereafter. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.  

We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.

 

GOVERNING LAW

These Terms of Use and your use of the Website are governed by and construed in accordance with the laws of the State of Rhode Island, without regard to conflicts of law principles.

 

BINDING ARBITRATION AGREEMENT; CLASS ACTION WAIVER (U.S. RESIDENTS ONLY)

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CONTROVERSY OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, INCLUDING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE, WILL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) AND CONDUCTED BY A SINGLE ARBITRATOR APPOINTED BY THE AAA, AND IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND ITS SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. You may learn more about the AAA and its rules for arbitration by visiting www.adr.org or by calling 800-778-7879.

 

YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect. The Federal Arbitration Act will govern the interpretation and enforcement of these Terms of Use and any sales made pursuant to your use of the Website.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Neither party shall be entitled to an award of attorneys’ fees as the prevailing party or otherwise, and each party shall be responsible for all legal costs and expenses associated with maintaining such arbitration proceeding.

1. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

Any arbitration proceeding will be governed by the laws of the State of Rhode Island, USA. The place of arbitration will be Providence County, Rhode Island. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator will not award consequential damages, and any award will be limited to monetary damages and will include no equitable relief, injunction, or direction to any party other than the direction to pay a monetary amount. Judgment on the award rendered by the arbitrator will be binding and final, except for any right of appeal provided by the Federal Arbitration Act, and may be entered in any court having jurisdiction. Except as may be required by law, neither you nor EcomGraduates nor an arbitrator may disclose the existence, content, or results of any arbitration under this warranty without the prior written consent of you and EcomGraduates. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

To the greatest extent permitted by applicable law, the filing fees to begin and carry out arbitration will be shared between you and EcomGraduates, but in no event will your fees ever exceed the amount allowable by the AAA. If you are the prevailing party in an arbitration to which the Supplementary Procedures for Consumer-Related Disputes applies, then you are entitled to recover attorneys’ fees as the arbitrator may determine.

 

CORRECTIONS

There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.

 

DISCLAIMER

EXCEPT AS PROHIBITED BY APPLICABLE RHODE ISLAND LAW, ECOMGRADUATES AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “ECOMGRADUATES PARTIES”) DO NOT WARRANT THAT ANY INFORMATION, CONTENT OR MATERIAL ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE CONTENT OR MATERIAL ON THE WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE ECOMGRADUATES PARTIES MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. EXCEPT AS PROHIBITED BY RHODE ISLAND LAW, THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES UNDER ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE ECOMGRADUATES PARTIES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS PROHIBITED UNDER APPLICABLE RHODE ISLAND LAW, THE ECOMGRADUATES PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE WEBSITE, WHETHER IN TERMS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE ECOMGRADUATES PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS PROHIBITED UNDER APPLICABLE RHODE ISLAND LAW, YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH CONTENT. YOU (AND NOT THE ECOMGRADUATES PARTIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

 

YOU UNDERSTAND AND AGREE THAT THE DISCLAIMERS SET FORTH HEREIN APPLY TO ALL CAUSES OF ACTION NOW KNOWN OR WHICH MAY ARISE IN THE FUTURE. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER APPLICABLE LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES OUR RESPONSIBILITY FOR LOSSES OR DAMAGES CAUSED BY ECOMGRADUATES’S OWN FRAUD, RECKLESSNESS, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

 

LIMITATIONS OF LIABILITY

EXCEPT AS PROHIBITED UNDER RHODE ISLAND LAW, THE ECOMGRADUATES PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE OR ANY CONTENT ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE OR COMPUTER VIRUS. EXCEPT AS PROHIBITED UNDER RHODE ISLAND LAW, THE ECOMGRADUATES PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THE WEBSITE EVEN IF THERE IS NEGLIGENCE BY THE ECOMGRADUATES PARTIES OR IF AN AUTHORIZED REPRESENTATIVE OF THE ECOMGRADUATES PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. EXCEPT AS PROHIBITED UNDER APPLICABLE RHODE ISLAND LAW, THE ECOMGRADUATES PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM LINKING TO ANY THIRD-PARTY WEBSITE.

 

THIS LIMITATION OF LIABILITY SECTION IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER APPLICABLE LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER APPLICABLE LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES OUR RESPONSIBILITY FOR LOSSES OR DAMAGES CAUSED BY ECOMGRADUATES’S OWN FRAUD, RECKLESSNESS, GROSS NEGLEGENCE OR WILLFUL MISCONDUCT.

 

INDEMNIFICATION

Except as prohibited under applicable law, you hereby agree to indemnify, defend and hold harmless EcomGraduates and its affiliates and each of its and their respective officers, directors, representatives, agents and employees (collectively, the “Indemnitees”) from and against any and all liability, damages and costs (including, without limitation, attorneys’ fees) incurred by the Indemnitees in connection with your use of the Website, including without limitation with respect to any claim arising out of any User Generated Content that you submit or breach or alleged breach of any of your obligations set forth herein. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any Indemnitee from or against any liability, damages or costs incurred as a result of any action or inaction of such Indemnitee. EcomGraduates reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of EcomGraduates. You shall cooperate as fully as reasonably required in the defense of any claim. THIS INDEMNIFICATION SECTION IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER APPLICABLE LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER APPLICABLE LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES OUR RESPONSIBILITY FOR LOSSES OR DAMAGES CAUSED BY ECOMGRADUATES’S OWN FRAUD, RECKLESSNESS, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

 

MISCELLANEOUS

These Terms of Use constitute the entire agreement between you and EcomGraduates with respect to your use of the Website, and supersedes all prior agreements or communications. If any provision of these Terms of Use is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use. You agree that any notice, agreement, disclosure or other communication that EcomGraduates sends you electronically will satisfy any legal communication requirements, including that such communications be in writing (email being sufficient). EcomGraduates’ failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions EcomGraduates may assign its rights and duties under this Agreement to any party at any time without notice to you.

ECOMFY TERMS

By using the ecomify theme provided by EcomGraduates™ LLC, you agree to the following terms and conditions. If you choose to modify the code for any reason, please do so with caution and only if you are confident in your development skills.

Please note that if you add incorrect or incomplete code, or fail to close script tags properly, it can cause errors in the theme that were not present before. EcomGraduates™ LLC cannot be held responsible for any such errors or issues arising from modifications made to the code.

When you first begin using the ecomify theme, we will ask you if you have made any changes to the code files. Please provide accurate information to the best of your knowledge, as this will help us better assist you in resolving any issues that may arise.

In the event that you do make modifications to the code and something breaks, please understand that this is not a fault of the ecomify theme or EcomGraduates™ LLC. We will do our best to help you identify and fix any issues, but ultimately, any modifications made to the code are the responsibility of the user.

By using the ecomify theme, you agree to hold harmless and indemnify EcomGraduates™ LLC and its affiliates from any claims, damages, or liabilities arising from any modifications made to the code. You further acknowledge that any modifications made to the code are done so at your own risk.

If you do not agree to these terms and conditions, please refrain from using the ecomify theme.

 

If you do decide to experience ecomify click on this link

We appreciate your interest in our products and services. Please note that we do not offer refunds for digital products. Before making a purchase, we encourage you to carefully review the demo to ensure it meets your requirement as there are no refunds on digital products.

 

By using Ecomify Premium version 1.0 and higher (referred to as "the theme"), you agree to the following terms and conditions.

1. 1.License Check: The software utilizes a license check to verify the authenticity and validity of the license. This check ensures that you are using a legitimate and authorized version of the theme.
2. 2.Data Confidentiality: We understand the importance of data privacy and confidentiality. Ecomify does not share or disclose any enclosed data obtained from your website. Your data, including any personal or sensitive information, is kept strictly confidential and is not accessible to any third party without your explicit consent.
3. 3.Customer and Theme User Relationship: The confidentiality of your data and information is upheld between you, as the customer, and Ecomify theme users.
4. 4.User Responsibilities: As a user of the theme, you are responsible for maintaining the security and confidentiality of your account login credentials. You agree to use the software in compliance with all applicable laws, regulations, and third-party agreements.
5. 5.Modification of Terms: Your continued use of the theme after such modifications constitutes your acceptance of the updated terms.

USE OF ECOMIFY THEME

The Ecomify theme is the sole property of EcomGraduates and is available for use under the following conditions:

1. The Ecomify theme is licensed, not sold. Upon purchase, you are granted a non-exclusive, non-transferable license to use the theme on your own Shopify store(s).
2. You agree not to resell, redistribute, or license the Ecomify theme to others without prior written consent from EcomGraduates.
3. There are no refunds for any digital products purchased from the Website. By completing your purchase, you acknowledge that you forfeit any right to a refund.
4. Modification of the Ecomify theme without prior consent from EcomGraduates is strictly prohibited. Unauthorized alterations may void any support or warranty.
5. EcomGraduates reserves the right to refuse service or refuse to sell its products to anyone for any reason at any time. If you engage in disrespectful or abusive behavior towards our staff or management, EcomGraduates reserves the right to terminate your license to use the Ecomify theme without a refund.

SALES AND TRANSACTIONS

By placing an order on the Website, you agree to be bound by the terms of sale included with your order and acknowledge that all sales are final. EcomGraduates reserves the right to refuse or cancel orders at its sole discretion.

If there is a conflict between these Terms of Use and any terms posted for or applicable to a specific portion of the Website, the latter terms shall control with respect to your use of that portion of the Website.

USER GENERATED CONTENT

EcomGraduates does not claim ownership of any materials you make available through the Website. At EcomGraduates's sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Website, you grant EcomGraduates a perpetual, irrevocable, non-terminable, worldwide, royalty-free, and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant, and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music, or video) to which you do not have the full right to grant the license specified.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your

 

If you have not acquired an unlimited license for the software Ecomify and we discover that you are engaged in the sale and distribution of said software without authorization, we shall proceed to initiate a Digital Millennium Copyright Act (DMCA) complaint against you. It should be noted that this implies that if you are utilizing our theme on platforms such as Fiverr, without possessing the aforementioned unlimited license, we will report your activities to Fiverr or any other relevant freelance platform. This matter has become a concern and we will not hesitate to undertake appropriate legal measures.

Furthermore, possessing the unlimited license does NOT confer upon you the right to sell the theme as a standalone product. The license strictly permits its usage for client work purposes.

 

Crucial Notice: Earnings and Legal Disclaimers

We want to emphasize that Ecomgraduates™ LLC, as a company, that created Ecomify Theme cannot be held accountable for the actions you take. You are solely responsible for your decisions, moves, and the evaluation and utilization of our products and services. It is crucial that you conduct your own due diligence when considering our offerings.

By using our products and services, you acknowledge and agree that Ecomgraduates™ LLC holds no liability for the outcomes you achieve. We cannot be held responsible for any results, positive or negative, that arise from your use of our products and services.Please remember that the evaluation and utilization of our products and services should be based on your own judgment and assessment.

 

When you visit our website, you may choose to disclose two types of information: personal information collected on an individual basis and website usage information collected in an aggregated manner as you and others browse our website. As part of certain interactions, you may be required to provide the following details:

 

Rest assured that we treat your personal information with utmost care and respect your privacy. For more details on how we handle and protect your information, please refer to our Privacy Policy.

 

Damages: In no event shall Ecomify by EcomGraduates™LLC be held responsible for any consequential damages incurred by the Customer including, without limitation, lost profits, lost revenue, decrease in sales, change in foreign currency conversion rates, or injury to person or property.

Any License for the Ecomify theme does not grant you permission to edit and resell it, labeling it as your own. This license allows you to utilize the theme on multiple Shopify stores under your management, but it strictly prohibits the act of reselling it as your own individual theme. If any reselling, legal actions will occur.

 

There is no Refunds  for our Digital Products which include; snippets and Ecomify Premium theme ( any version) .   

CONTACT US 

In order to resolve a complaint regarding the Website or to receive further information regarding use of the Website, please contact us at support@ecomgraduates.com.