TERMS OF SERVICE
By accessing and using the Services, you are agreeing to be bound by the terms of this Agreement. If you will be using the Services on behalf of an organization, you represent that you are an owner or employee of the organization, that you agree to these terms on behalf of that organization, and that you have the authority to bind that organization to this Agreement. In such case, “you” and “your” will refer to that organization.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. You agree to provide accurate information when creating your account, and you agree to keep that information up to date.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
- You are 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 notify ecomdash if you become aware of any unauthorized use of your account.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- One person or legal entity may not maintain more than one free account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading, and Downgrading
- A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
- An upgrade from any free account to any paying plan will end your free trial. Your credit 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 card is initially charged that you would like to cease use of the Services for any reason, Ecomdash will refund the initial payment to the same credit card as you originally used. This refund is only available the first time you use the Services.
- You are responsible for keeping your billing information up to date and your account current. You promise that you have authority to use the payment method you use to pay for your If we need to issue you a refund, we will credit the same account you use to pay for your subscription.
- The Services are 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 unless you cancel your subscription.
- After the first 30 days of use, the Service is non-refundable. There will be 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 card will be charged based on your 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 these third-party fees in addition to the subscription fee.
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 Services to access your Content.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the ecomdash.com site or the Service itself. Our pricing is variable and will change month-to-month based on the number of sales orders that are processed in that month as available on our Site.
- Ecomdash may change the subscription fee charged for the Services at any time. The change will become effective only at the end of the then-current billing cycle of your subscription. You agree to receive electronic notification of price changes and promotional offers.
- 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.
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 Services or one that you import and from outside the Services and then process using the Services. If you wish to create, import, or process additional sales orders beyond your limit, you must upgrade your subscription first.
Intellectual Property Ownership.
- You own Your Content. ecomdash (or its licensors) exclusively owns all right, title and interest in and to the Services and its Content. However, by adding users to your account, you agree to allow others to view and share your Content.
- Nothing in the Agreement implies any transfer to you of any ownership interest in the Services and you hereby assign to us all intellectual property rights in the Services that You may have acquired by law or otherwise.
- All content posted on the Service must comply with U.S. copyright law.
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. 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.
- The look and feel of the Service is copyright © 2013-2015 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.
ecomdash’s Retained Rights. Your access to the Services is nonexclusive, nontransferable, and may be revoked. Neither this Agreement nor your use of the Services grants you any ownership in the Services, the content you access through the Services (other than your Content), or any software or hardware used to provide or access the Services. This Agreement does not grant you any right to use ecomdash’s 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 Services and are not permitted to make any modifications to Services. You may not remove or obscure any copyright, patent, trademark, trade secret or similar proprietary notice affixed to any Services. You agree that the underlying structure, sequence, organization and source code of the Services are valuable trade secrets of ecomdash and shall remain strictly confidential. Ecomdash reserves all other rights not explicitly granted to you.
Impermissible Use. You are responsible for your conduct, Content, and communications with others while using the Services. You agree to use the Services in compliance with applicable law. In addition, you promise that you will not:
- resell, lease, loan, or redistribute the Services to any third party, including using your account to access the Services for the benefit of a third party, unless you obtain written permission from ecomdash first;
- interfere with the normal operation of the Services or attempt to access the Services using a method other than through the interfaces that we provide;
- reverse engineer, disassemble, or decompile the software used to provide or access the Services;
- use the Services to send viruses, malware, or other types of malicious software, or links to such software; – use the Services to send junk mail, spam, or any other form of unauthorized, duplicative, or unsolicited messages;
- use the Services to store or transmit inappropriate Content, such as Content containing unlawful, defamatory, threatening, pornographic, libelous or otherwise objectionable material of any kind;
- use the Services to encourage conduct that could constitute a criminal offense;
- use the Services to abuse, harass, stalk, or otherwise violate the legal rights of a third party; or
- cause, in ecomdash’s sole discretion, inordinate burden on the Services or ecomdash’s system resources or capacity.
Legality of Goods. If you sell or purchase firearms using the Services, 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 (the foregoing, “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 Services:
- 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 Dealer before 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.
U.S. Requirements. If you or the Items you are bidding upon are located within the U.S. or owned by persons located within the U.S., you additionally warrant that you are familiar with the U.S. statutes and regulations governing export controls, sanctions and embargoes, and you additionally agree that: (i) you are not a national of or located in any country embargoed by the United States, and (ii) you are not on the Excluded Parties List System, the Specially Designated Nationals List, or the Denied Persons List, and You are not listed on any other lists maintained by the U.S. federal government which prohibits or restricts participating in commercial or other transactions, and You are not using or accessing the Site on behalf of a party who is on any such lists.
Prohibited Listings. You must have the legal right to sell any items you sell. You may not list the following through our Services: (a) live 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.
Changes to this Agreement. ecomdash may change the terms of this Agreement at any time for a variety of reasons, such as to address changes in applicable law or updates to the Services. A current version of this Agreement will be posted on the ecomdash website and will also be available through the Services user interface. You agree to receive electronic notification of changes to the terms of this Agreement. If you do not agree to all of the changes, you should stop using the Services, because by continuing to use the Services you indicate your Agreement to be bound by the updated terms.
Service Level Agreement. For each continuous 24-hour period that you are unable to access the Services due to a failure of ecomdash’s software or hardware, 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.
No Warranty. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE 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, AND NON-INFRINGEMENT. ECOMDASH DOES NOT MAKE ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF HARMFUL COMPONENTS, OR THAT YOUR CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.
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 DAMAGES FOR LOST PROFITS, LOSS OF USE, OR LOSS OF DATA) THAT ARISE OUT OF OR IN CONNECTION WITH THE SERVICES AND THIS AGREEMENT, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, 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 SERVICES AND THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY YOU TO ECOMDASH FOR USE OF THE SERVICES AT ISSUE DURING THE MONTH IN WHICH THE EVENT GIVING RISE TO THE LIABILITY OCCURRED.
Indemnification. To the extent permitted by law, you will defend ecomdash against any cost, loss, damage, or other liability 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 Services 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.
Entire Agreement. The terms of this Agreement constitute the entire agreement between you and ecomdash, and they supersede any other prior or contemporaneous agreements, written or oral, concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of this Agreement, and are void.
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.
UCITA. The Uniform Computer Information Transactions Act does not apply to this Agreement or orders placed under it.
Assignment. Neither party may assign this Agreement without the other party’s prior written consent, except that ecomdash may assign this Agreement without consent in the case of a reorganization, merger, consolidation, or sale of all or substantially all of its assets,
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 given or any new address provided by the permitted notice methods.
Digital Millennium Copyright Act – Copyright Infringement. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act, the text of which can be found at the U.S. Copyright Office, and other applicable intellectual property laws. It is our policy to (1) block access or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. If we remove or disable access to comply with the Digital Millennium Copyright Act we will make a good faith attempt to contact the owner, author, or administrator of each affected site so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public.
Infringement Notification. If you believe that material or content residing on or accessible through our website or service infringes a copyright, please send a notice of infringement by providing a written communication (by fax or regular mail — not by email, except by prior agreement) that sets forth the items specified below. To expedite our ability to process your request, please use the following format (including section numbers):
- Identify in sufficient detail the copyrighted work that you believe has been infringed.
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence.
- You must identify each search result that directly links to a web page that allegedly contains infringing material. This requires you to provide (a) the search query that you used, and (b) the URL for each allegedly infringing search result.
- Provide information reasonably sufficient to permit Ecomdash to contact you, including address, telephone number and, if available, email address.
- Provide information, if possible, sufficient to permit Ecomdash to notify the owner/author/administrator of the web page that allegedly contains infringing material (email address is preferred).
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
- Please sign the paper and contact us at email@example.com our contact address of our designated agent.
Once proper bona fide infringement notification is received by the Designated Agent, it is our policy: (1) to remove or disable access to the infringing material; (2) to notify the content provider, member or user that we have removed or disabled access to the material; and (3) that repeat offenders will have the infringing material removed from the system and that we will terminate such content provider’s, member’s or user’s access to our service.
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. To file a counter notification with us, you must provide a written communication (by fax or regular mail — not by email, except by prior agreement) that sets forth the items specified below. To expedite our ability to process your counter notification, please use the following format (including section numbers):Identify the specific URLs at which material appeared before Ecomdash removed or disabled access to such material, and identification of the material that Ecomdash removed or to which Ecomdash has disabled access. Provide your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Alameda County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification of the alleged infringement. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.” Sign the paper. Send the written communication to the Designated Agent.
If a counter-notice is received by the Designated Agent, Ecomdash may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Ecomdash’s discretion.
© Copyright 2017 Ecomdash. All rights reserved.
Last updated October 4, 2016