NOTICE: We’ve reorganized and updated our Acceptable Use Policy as of 2/2/2022 to make the terms easier to read and understand. We also moved the Acceptable Use Policy to a separate page which can be viewed here. If you have any questions about the updated terms, please contact us.
TERMS OF SERVICE
Endurance Commerce, LLC (“ecomdash”, “we” “our” or “us”), offers ecommerce automation services and an online store builder (collectively, the “Service”). Please read these Terms of Service (these “Terms” or the “Agreement”) carefully.
Acceptance of these Terms: If you are a trial or paying subscription holder, by clicking the “Get Started Now” button or a similar “I accept” button, you indicate your acceptance of these Terms and agree to be bound by these Terms. If you do not agree to these Terms, do not click on this button and do not use the Service.
Service; License: Subject to these Terms, ecomdash will use reasonable efforts to make the Site and Service available to you and to permit you to remotely access and use the Site and the Service through the internet. Subject to your compliance with these Terms, ecomdash grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable, license to access and use the functionalities made available by ecomdash to users of the Site or Service. You may access the Site and Service for your information and your personal use solely as intended through the provided functionality and as permitted under these Terms.
Visitors may browse the Site in accordance with these Terms, but will not have full access to the Service without first registering an account (“Account”). To register an account, you must comply with the following:
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your real legal full name, a valid email address, and any other information requested in order to complete the signup process. You agree to provide true, accurate, current and complete information when creating your Account, and you agree to keep that information up to date. You will also be required to create a password.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. If you are using the earlier version 1.0 of ecomdash, you may create separate logins for as many people as you’d like.
- You are solely responsible for maintaining the security of your Account and password. Ecomdash cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You agree to immediately notify ecomdash if you become aware of any unauthorized use of your Account.
- You are solely responsible for any and all use of your Account, including all Content posted, and all activity that occurs under or in connection with your Account.
- One person or legal entity may not maintain more than one trial account.
- You may not use the Service for any illegal or unauthorized purpose, or for any purpose in violation of our Acceptable Use Policy. You must not, in the use of the Service, violate any applicable laws (including but not limited to copyright laws).
Prohibited Persons (Countries, Regions, Entities, and Individuals).
The Service is subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Service to export or re-export, or permit the export or re-export, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Service, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, ecomdash also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Service.
Payment, Refunds, Upgrading, and Downgrading
Except for our trial subscription plan, there is a charge associated with use of the Service, which is billed in advance, and by agreeing to these Terms, you agree to pay that charge. Our current charges for our subscription plans are made available on the Site and will be displayed at the time you sign up for the Service. We may suspend or cancel the Service if we do not receive an on time, full payment from you. We accept American Express, MasterCard, Visa and Discover.
- A valid credit or debit card is required for paying accounts. Holders of trial accounts are not required to provide a credit or debit card number.
- An upgrade from any trial subscription to any paying plan will end your trial. Your credit or debit card will be charged for your first month immediately upon upgrading, provided that if you provide written notice to Ecomdash within 30 days of the date your credit or debit card is initially charged that you would like to cease use of the Service for any reason, ecomdash will refund the initial payment to the same card as you originally used. This refund is only available the first time you use the Service.
- Customers on monthly plans start with a Starter Plan at the price displayed on the Site.
- You are responsible for keeping your billing information up to date and your account current. You authorize ecomdash to charge you for the Service using the payment method you provide. If we need to issue you a refund, we will refund the same credit card you used to pay for your subscription.
- The Service is billed on a subscription basis. This means that you will be billed in advance on a recurring, periodic basis. Your subscription will automatically renew at the end of each billing cycle until you cancel your subscription. If you cancel the Service, you are obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation.
- After the first 30 days of use, the Service is non-refundable. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- Your credit or debit card will be charged based on your order volume:
- To avoid service interruption, ecomdash will automatically upgrade your account to a higher tier plan if your volume exceeds your current plan.
- In the event that your order volume will be less than your order volume in the prior month, it is your responsibility to downgrade your account to reflect the reduced order volume for the applicable month. If you do not update your account accordingly, then you will be charged for the higher of (i) your actual order volume or (ii) the previous month’s order volume.
- Some third-party services, such as creating shipping labels with prepaid postage, will incur additional fees. Third parties, such as the US Postal Service, may change their fees for third-party services at any time and without notice. You are responsible for paying these third-party fees in addition to the subscription fee.
- Sales Order Limits. Depending on the type of subscription you have chosen, you will be limited to a certain number of sales orders per month. For the purposes of this Agreement, a sales order may be one that you create manually using the Service or one that you import from outside the Service and then process using the Service. If you wish to create, import, or process additional sales orders beyond your limit, you must upgrade your subscription first.
Modifications to the Service and Prices
- Ecomdash reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Where possible, we will provide you with reasonable advance notice before your Account is terminated. You acknowledge that if your Account is terminated you will not be able to use the Service to access your Content.
- We reserve the right to adjust pricing for our Service or any components thereof. Any price changes will take effect following notice to you (such notice may be provided to you via the Site, the Service, or via email), and, unless a later time is stated in our notice to you, will take effect at the start of the next billing cycle of your subscription. We also reserve the right, in our sole discretion, to offer special promotions which shall be subject to additional terms and conditions communicated to us by you.
- Ecomdash shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Cancellation and Termination
- You are solely responsible for properly cancelling your account which can be done directly within the tool under the “Billing Information” tab.
- All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- Ecomdash, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other Ecomdash service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Ecomdash reserves the right to refuse service to anyone for any reason at any time.
Intellectual Property Ownership
Your Content. In the course of using the Service, you may provide content to ecomdash (your “Content”). Your Content may include, but is not limited to, product images, logo or trademark images, sales order data, customer information, product information, feedback you provide to us, and your user IDs and passwords for external accounts you choose to integrate through the Service. You promise that you have the right and authority to use any Content you provide to ecomdash. You acknowledge that if your access to the Service is suspended, cancelled, or terminated, you will not be able to use the Service to access your Content. You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, ecomdash will not be liable for any loss or corruption of your Content. You retain ownership of all of your intellectual property rights in your Content. You grant ecomdash a perpetual, royalty-free license to reproduce, distribute, make publicly available, and otherwise use your Content, but only for the limited purposes of providing the Service to you. This license also extends to our third party service providers that we work with to the extent necessary to provide the Service to you. For the avoidance of doubt, if you provide ecomdash with feedback about the Service, you agree that we may use your feedback and your name for business purposes. All Content posted on the Service must comply with U.S. copyright law. We claim no intellectual property rights over the Content you provide to the Service. Your profile and materials uploaded remain yours. However, by adding users to your account if you are using the earlier 1.0 version of ecomdash, you agree to allow others to view and share your Content. Ecomdash does not pre-screen Content, but ecomdash and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. If you believe your copyright has been violated by information accessible on the Site or Services, please refer to our DMCA Policy for instructions to submit a DMCA complaint.
Ownership of the Site and Service. Ecomdash (or its licensors) exclusively owns all right, title and interest in and to the Site, Service and the information, writings, images and/or other works available on Site, and Our Technology, and all related intellectual property rights, including, without limitation, all copyrights, trademarks, patents, trade secrets, inventions and know-how. Without limiting the foregoing, all software, code, scripts, proprietary methods and systems used to provide the Site or the Service (“Our Technology”) may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission. The look and feel of the Service is copyright © 2013-2022 ecomdash. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, visual design elements, or content without express written permission from ecomdash. You must abide by all copyright notices, information or restrictions contained in or attached to any of Our Technology. Nothing in the Agreement implies any transfer to you of any ownership interest in the Service and you hereby assign to us all intellectual property rights in and to the Service that You may have acquired by law or otherwise.
Retained Rights. Your access to the Service is nonexclusive, nontransferable, and may be revoked. Neither this Agreement nor your use of the Service grants you any ownership in the Service, the content you access through the Service (other than your Content), Our Technology, or any software or hardware used to provide or access the Service. This Agreement does not grant you any right to use our trademarks or other brand elements. No rights to any source code are granted and you shall not itself, or through any third party, reverse engineer, disassemble, decompile or otherwise attempt to derive source code or design information regarding any Service and are not permitted to make any modifications to Service. You may not remove or obscure any copyright, patent, trademark, trade secret or similar proprietary notice affixed to any Service. You agree that the underlying structure, sequence, organization and source code of the Service are valuable trade secrets of ecomdash and shall remain strictly confidential. Ecomdash and its licensors reserves all other rights not explicitly granted to you in and to the Site, Service, and Our Technology.
Acceptable Use Policy. You are responsible for your conduct, your Content, and communications with others while using the Service. You agree to use the Service in compliance with all applicable law and our Acceptable Use Policy.
Legality of Goods. If you sell or purchase firearms using the Service, you agree to comply with all applicable legal requirements for the sale, transfer and transport of an item, including but not limited to statutes, regulations or requirements of any country, state, locality, province, municipality or other government authority or regulatory entity regarding sales or auctions, the sale and/or transfer of any item (including firearms, ammunition, black powder or any other item), export or import control, taxation, duties or tariffs, presence or licensing of brokers (collectively, the “Legal Requirements”) governing the specific requirements for transfer and shipping of firearms. You covenant and agree that: (i) you will comply with all applicable Legal Requirements in listing, selling, purchasing, transferring and shipping items; (ii) you shall be solely responsible for compliance with all applicable export or import controls with respect to these transactions with respect to items purchased or sold by you, (iii) you shall comply with all Legal Requirements regarding the reporting, collection, withholding and payment of all taxes and duties applicable to the sale, export and transport of each item; (iv) you shall not engage in bid rigging or sale price manipulation of any kind on any item; and (v) you shall comply with the following required terms of sale using the Service:
- In the U.S., Firearms (as defined below) must be shipped only to a Federal Firearms License (FFL) holder. Buyer must transmit a copy of his/her (or his/her transfer dealer’s) license to the seller before the item can be shipped. Buyer must make arrangements with a Transfer Dealerbefore placing a bid. For purposes of this Agreement, “Firearms” and “Ammunition” shall have the meanings given in the Gun Control Act of 1968, 18 U.S.C. §§ 101 et seq.
- Items may not be sold or shipped contrary to state and local Legal Requirements, which may vary considerably. For example, items such as ammunition or knives may require government-issued proof of age before they can be shipped to certain states, and in some states, certain types of knives or ammunition may not be sold or shipped at all.
Prohibited Listings. You must have the legal right to sell any items you sell. You may not list the following through our Service: (a) live animals, items created using any animal species designated as threatened or endangered by the U.S. Endangered Species Act or listed in Appendix I of the Convention on International Trade in Endangered Species, items made from cat or dog parts or pelts as defined in 19 U.S.C. § 1308, or ivory or bones from ivory-producing animals; (b) human body parts (e.g., relics, skulls, human remains or other parts); (c) bulk email lists; (d) illegal weapons, instructions, kits, plans, or parts designed to illegally convert firearms to full-auto fire; (e) instructions, kits, plans, or parts designed to illegally build silencers; (f) instructions on how to build bombs or explosives; (g) unauthorized replicas, (h) items containing faces, names or signatures of any person unless authorized by that person; (i) hazardous, restricted or toxic materials or substances; or (j) multi-level marketing or similar programs. You may not list any item that would cause us or you to violate any applicable law, statute, ordinance or regulation. You may not list any item that is stolen or counterfeit. Your listing may not be defamatory, libelous, threatening or harassing; and it may not contain obscenity or child pornography.
Term and Termination. These Terms will become effective and binding when accepted by you as set forth above and will end when your subscription ends or when these Terms are otherwise terminated as provided herein. In addition to other remedies available to us, we have the option to immediately terminate your rights under these Terms (including your access and use of the Site, Service and/or Our Technology) if you fail to comply with your obligations stated in these Terms. You understand that if you want to use the Service after termination of your Account, you may need to re-register and provide us with your information anew. Without limiting other remedies, we also reserve the right to limit or partially terminate or suspend the Site, Service, Our Technology or your Account, prohibit access to the Site, delay or remove any content on the Site, and take technical and legal steps to keep any users off of the Site if we think that you or they are creating possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with our policies.
Electronic Communications. The communications between you and us use electronic means, whether through the Site, Service or email. For contractual purposes, you (i) consent to receive communications from us in electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy as it were in writing.
Notice. Any notice required or permitted by this Agreement shall be in writing and deemed delivered if delivered (a) by personal delivery when delivered, (b) by overnight courier upon written verification of receipt, (c) by telecopy or facsimile transmission when confirmed by telecopy or facsimile transmission report, (d) by certified or registered mail, return receipt requested, upon verification of receipt or (e) by email notification as long as “NOTICE” or “LEGAL NOTICE” appears in the subject line of the email and the email is set up to show a delivery confirmation. Notices must be sent to the contacts and address provided below or any new address provided by the permitted notice methods.
5335 Gate Pkwy, Second Floor
Jacksonville, FL 32256
Unavailability. You acknowledge that the Site and/or Service may, from time to time, be unavailable due to events like scheduled or unscheduled maintenance, system upgrades, internet outages, and other reasons, some of which are beyond our control. We cannot, and do not, guarantee any specific minimum availability of the Site or the Service. You hereby expressly permit us or our authorized contractors to access your Account to investigate and diagnose actual or potential defects or other technical problems with the Site or Service.
Service Level Agreement. Notwithstanding the “Unavailability” section above, for each continuous 24-hour period that you are unable to access the Service due to a failure of software or hardware provided by us, other than due to scheduled maintenance, you may contact ecomdash and request a credit equal to half of the subscription fee you actually paid to ecomdash for that billing cycle. However, in no event will ecomdash credit to you more than the full subscription fee actually paid by you for the billing cycle during which the outage(s) occurred.
Links to Third Party Sites.
Linking to this Site
If you would like to link to the Site, you must first obtain our written consent. You may not mirror or frame the home page or any other pages of the Site on any other website or webpage.
No Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” ECOMDASH DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION, ACCURACY OF DATA, AVAILABILITY, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. USE OF THE SITE AND/OR SERVICE IS AT YOUR OWN RISK. ECOMDASH DOES NOT MAKE ANY WARRANTY THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, FREE OF HARMFUL COMPONENTS OR DEFECTS, OR THAT YOUR CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR THAT ANY DEFECT WILL BE CORRECTED. ECOMDASH DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. ECOMDASH DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR THE SERVICE.
Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ECOMDASH AND ITS AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, REVENUE, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE, OR LOSS OF DATA) THAT ARISE OUT OF OR IN CONNECTION WITH (I) THE USE OR INABILITY TO USE THE SITE OR THE SERVICE; (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE OR SERVICE; (III) OR ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE AND THIS AGREEMENT, AND WHETHER BASED ON CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE, EVEN IF ECOMDASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF ECOMDASH AND ITS AGENTS ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY YOU TO ECOMDASH FOR USE OF THE SERVICE AT ISSUE DURING THE MONTH IN WHICH THE EVENT GIVING RISE TO THE LIABILITY OCCURRED.
Indemnification. To the extent permitted by law, you will indemnify, defend and hold harmless ecomdash and its employees, agents, and service providers from and against any claims, costs, losses, damages, demands, penalties, expenses or other liability (including, but not limited to, reasonable attorneys’ fees) arising from any third party claim or demand that any Content provided by you, or your use of the Service violates applicable law or the terms of this Agreement. Ecomdash will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.
Arbitration Agreement. For any dispute you have with ecomdash, you agree to first contact us and attempt to resolve the dispute with us informally. If ecomdash is not able to resolve the dispute with you informally, we each agree to resolve any dispute (excluding claims for injunctive or other equitable relief) relating to this Agreement by binding arbitration by the American Arbitration Association (“AAA”). We each agree to be bound by AAA’s rules and procedures applicable at the time, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, if appropriate, as modified by our Arbitration Agreement. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules. The arbitrator will decide the substance of all claims in accordance with the laws of the State of North Carolina and such arbitration shall be held within city of Charlotte, North Carolina, and will honor all claims of privilege recognized by law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ECOMDASH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Claims are Time-Barred. You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to the use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or you agree to be forever barred from bringing such claim.
Governing Law and Jurisdiction. These Terms are governed by the laws of the State of North Carolina without regard to its conflict of laws provisions. Unless prohibited by applicable law, each party submits to the exclusive jurisdiction of the state or federal courts located in Mecklenburg County, North Carolina.
UCITA. The Uniform Computer Information Transactions Act does not apply to this Agreement or orders placed under it.
Independent Contractors. The relationship between you and ecomdash is that of independent contractors, and not legal partners, employees, or agents of each other.
No Waiver. A party’s failure or delay to enforce a provision of this Agreement is not a waiver of its right to do so later.
Severability. If any term of this Agreement is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of the terms will remain in full effect.
Third Party Beneficiaries. There are no third party beneficiaries to this Agreement.
Assignment. You may not assign this Agreement without prior written consent of ecomdash, but may be assigned by us without restriction. Any purported assignment by you in violation of these Terms shall be null and void.
DMCA Policy. It is our policy to respond to clear notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). Please refer to our DMCA Policy for instructions to submit a DMCA complaint.
Last modified: February 2, 2022
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