EcomSidekick.com
support@EcomSidekick.com
Effective Date: January 1st, 2022
This web page represents a legal document and is the Terms and Conditions
(Agreement) for our website, EcomSidekick.com (Website). By using our Website,
you agree to fully comply with and be bound by the following Agreement each
time you use our Website.
Definitions
The terms “us”, “we”, and “our” refer to EcomSidekick.com, the owner of this
Website. A “Visitor” is someone who merely browses our Website. A “Member” is
someone who has registered with our Website to use our Services. The term
“User” is a collective identifier that refers to either a Visitor or a Member.
The term “Product” refers to any products we sell or give away.
All text, information, graphics, design, and data offered through our
Website or Services, whether produced by our Members or by us, are collectively
known as our “Content”. We distinguish content posted by our Members as “Member
Content”.
Acceptance of Agreement
This Agreement is between you and EcomSidekick.com.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT
OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN
THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES
ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO
EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE
IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only
Agreement between you and EcomSidekick.com and supersedes all other Agreements,
representations, warranties, and understandings with respect to our Website,
Services, and the subject matter contained herein. However, for you to use our
Website and/or Services, you may also be required to agree to additional terms
and conditions. Those additional terms and conditions will be incorporated into
this Agreement unless otherwise stated.
Privacy Notice
Our Privacy Notice is considered part of this Agreement and is available on
this website. You must review our Privacy Notice by clicking on this link.
If you do not accept and agree to be bound by all the terms of this
Agreement, including the www.ecomsidekick.com
Privacy Notice, do not use this Website or our Services.
Arbitration
Any legal controversy or claim arising from or relating to this Agreement
and/or our Service, excluding legal action taken by us to collect or recover
damages for – or obtain any injunction relating to – website operations,
intellectual property, and our Service, will be settled solely by binding
arbitration in accordance with the commercial arbitration rules of the American
Arbitration Association. Any such controversy or claim will be arbitrated on an
individual basis, and will not be consolidated in any arbitration with any
claim or controversy of any other party.
The arbitration will be conducted in Newark, Delaware, and judgment on the
arbitration award may be entered into any court having jurisdiction thereof.
You or we may seek any interim or preliminary relief from a court of competent
jurisdiction in Newark, Delaware necessary to protect our or your rights or
property pending the completion of arbitration. Each party will bear half the
arbitration fees and costs.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in
Newark, Delaware, and will be governed by and construed in accordance with the
laws of the state of Delaware without regard to conflict of law provisions. In
addition, you agree to submit to the personal jurisdiction and venue of such
courts. Any cause of action by you with respect to our Website or Service must
be instituted within one (1) year after the cause of action arose or be forever
waived and barred.
Limited License
EcomSidekick.com grants you a nonexclusive, nontransferable, revocable
license to access and use our Website and Services strictly in accordance with
this Agreement. Your use of our Website and Services is solely for internal,
personal, noncommercial purposes unless otherwise provided for in this
Agreement. No printout or electronic version of any part of our Website or
Services may be used by you in any litigation or arbitration matter whatsoever
under any circumstances.
Legal Compliance
You agree to comply with all applicable domestic and international laws,
statutes, ordinances, and regulations regarding your use of our Website,
Content, Services, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or
employee-employer or franchisor-franchisee relationship between you and EcomSidekick.com.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of
our affiliates or other companies in the form of words, graphics, and logos.
Your use of our Website or Services does not constitute any right or license
for you to use our service marks or trademarks without the prior written
permission of EcomSidekick.com.
Our Content, as found within our Website and Services, is protected under
United States and foreign copyrights. The copying, redistribution, use, or
publication by you of any such Content is strictly prohibited. Your use of our
Website and Services does not grant you any ownership rights to our Content.
Eligibility and Registration for Membership
To use our Services, you must register with our Website to become a Member.
Your Membership is not transferable or assignable and is void where prohibited.
Our Website and Services are intended solely for Users who are at least (18)
years of age or older. Any registration by, use of, or access to our Website by
anyone under that age is unauthorized, unlicensed, and in violation of these
Terms and Conditions. By using our Website and/or Services, you represent and
warrant that you are (18) years of age or older and agree to abide by all the
terms and conditions of this Agreement. EcomSidekick.com has sole right and
discretion to determine whether to accept a Member, and may reject a Member’s
registration with or without explanation.
When you complete the registration process, you will receive a password that
will allow you to access our Services. You agree to maintain the
confidentiality of your password and are fully responsible for all liability
and damages resulting from your failure to maintain that confidentiality as
well as all activities that occur through the use of your password.
You agree to immediately notify us of any unauthorized use of your password
or any other breach of security. You agree that our Website cannot and will not
be liable for any loss or damage arising from your failure to comply with
password security as discussed herein.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website will be error-free
or free from viruses or other harmful components, or that we will correct any
errors. We do not represent or otherwise warrant that the information available
on or through our Website will be correct, accurate, timely, or otherwise
reliable.
EcomSidekick.com reserves the right at our sole discretion to change any
content, software, and other items used or contained in our Website or Services
at any time without notice.
Disclaimer
Our Website publishes content supplied by third parties, Users, advertisers,
merchants, and sponsors. Accordingly, EcomSidekick.com has no editorial control
over such content. Any opinions or other information or content expressed or
made available by third parties, including information providers, Users, or any
other user of our Website, are those of the respective author(s) and not of EcomSidekick.com.
EcomSidekick.com does not guarantee the accuracy, completeness,
merchantability, or fitness for any particular purpose nor the legality of any
content provided by any of these parties.
You understand that we do not operate or control the products or services
offered by third-party merchants. These merchants are responsible for all
aspects of order processing, fulfillment, billing, and customer service. We are
not a party to the transactions entered into between you and merchants. You
agree that use of or purchase from such merchants is AT YOUR SOLE RISK AND
WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including
privacy policies), and operating procedures of merchants will apply to you
while on any merchant websites.
You hereby acknowledge that nothing contained in our Website will constitute
financial, investment, legal, and/or other professional advice and that no
professional relationship of any kind is created between you and EcomSidekick.com
or our Members. You hereby agree that you will not make any financial,
investment, legal, and/or other decision based in whole or in part on anything
contained in our Website or Services.
Warranty Disclaimer
EcomSidekick.com is not responsible or liable in any manner for any Content
posted on our Website or in connection with our Services, whether posted or
caused by Members of our Website, or by EcomSidekick.com. Although we provide
rules for Member conduct and postings, we do not control and are not responsible
for what Members post, transmit, or share on our Website or Services, and are
not responsible for any offensive, inappropriate, obscene, unlawful, or
otherwise objectionable content you may encounter using our Website or
Services. EcomSidekick.com is not responsible for the online or offline conduct
of any User of our Website or Services.
Our Website or Services may be temporarily unavailable from time to time for
maintenance or other reasons. EcomSidekick.com assumes no responsibility for
any error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction, unauthorized
access to, or alteration of Member communications.
EcomSidekick.com is not responsible for any technical malfunction or other
problems of any telephone network or service, computer system, server or
provider, computer or mobile phone equipment, or software, or for any failure
of email on account of technical problems or traffic congestion on the
Internet, or for any combination thereof – including injury or damage to
Members’ or any other person’s computer, mobile phone, or other hardware or
software – related to or resulting from the use or downloading of materials in
connection with our Website or Services, including, without limitation, any
software provided through our Website or Services.
Under no circumstances will EcomSidekick.com be responsible for any loss or
damage, including any loss or damage, personal injury, or death resulting from
anyone’s use of our Website or Services, or any interactions between Users of
our Website or Services, whether online or offline.
Reference to any products, services, processes, or other information by
trade name, trademark, manufacturer, supplier, or otherwise does not constitute
or imply endorsement, sponsorship, recommendation, or any affiliation with our
Website by third parties or by any of the equipment or programming associated
with or utilized by our Services.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE
PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED
WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER
LIMITATIONS.
ECOMSIDEKICK.COM, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER
FOR YOUR USE OF OUR WEBSITE OR SERVICES. EcomSidekick.com CANNOT GUARANTEE AND
DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES,
INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. ECOMSIDEKICK.COM DOES NOT
REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN
ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND
DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED
SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY
DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND
RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD
OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR
SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE
THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA,
OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ECOMSIDEKICK.COM.
OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE
NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT WILL ECOMSIDEKICK.COM OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR
LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY
RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES,
EVEN IF
EcomSidekick.com IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ECOMSIDEKICK.COM’S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US
FOR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR
MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Member Conduct
Members may post their content to our Website through our Services (Member
Content). Members and Visitors understand that by using our Website or Service,
they may be exposed
to content that is offensive, indecent, or objectionable. We have no control
over Member Content and do not in any way guarantee its quality, accuracy, or
integrity. EcomSidekick.com is not responsible for the monitoring or filtering
of any Member Content. Should any Member Content be found illegal, EcomSidekick.com
will submit all necessary information to relevant authorities.
If any Member Content is reported to EcomSidekick.com as being offensive or
inappropriate,
we may ask the Member to retract or otherwise modify the questionable
content within 24 hours of being notified by EcomSidekick.com. If the Member
fails to meet such a request,
EcomSidekick.com has full authority to restrict the Member’s ability to post
Member Content OR to immediately terminate the Member’s membership without
further notice to the Member.
Without limiting the foregoing, we have sole discretion to remove any Member
Content that violates this Agreement or that is otherwise objectionable in our
sole discretion. Members are responsible for complying with all applicable
federal and state laws for their content, including copyright and trademark
laws. Members will respect copyright and trademark laws.
You warrant that you will not use our Services to infringe on the
intellectual property rights of others in any way. In accordance with The
Digital Millennium Copyright Act (DMCA) and other applicable law, we have
adopted a policy of terminating Members whom we deem, in our sole discretion,
to be infringers of others’ intellectual property rights.
As a Member, you agree not to use our Services to do any of the
following:
Upload, post, or otherwise transmit any Member Content that:
1. Violates any local, state, federal, or international laws
2. Infringes on any patent, trademark, trade secret, copyright, or other
proprietary rights of any party
3. Harms, threatens, defames, promotes violence or illegal activities, or is
otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of
another’s privacy, hateful, or racially, ethically, or otherwise objectionable
4. Links directly or indirectly to any materials to which you do not have a
right to link
5. Contains any private information of any third party, including, without
limitation, addresses, phone numbers, email addresses, Social Security numbers,
and credit card numbers
6. Contains software viruses or any other computer code, files, or programs
designed to interrupt, destroy, or limit the functionality of any computer
software or hardware or telecommunications equipment, or to extract information
from our Website or Services
7. Contains any unsolicited or unauthorized advertising, solicitations,
promotional materials, junk mail, spam, chain letters, pyramid schemes, or any
other form of solicitation
8. In the sole judgment of EcomSidekick.com is objectionable or restricts or
inhibits any other person from using or enjoying our Website or Services, or
which may expose EcomSidekick.com, our affiliates, or our Users to any harm or
liability of any type
Use our Content to:
1. Develop a competing website
2. Create compilations or derivative works as defined under United States
copyright laws
3. Redistribute it in any manner, including, but not limited to, sale,
license, lease, rental, subscription, or any other distribution mechanism
4. Decompile, disassemble, or reverse engineer our Website, Services, and
any related software
5. Use our Website or Services in any manner that violates this Agreement or
any local, state, federal, or international laws
Use of Information
You grant EcomSidekick.com a license to use the information and materials
you post to our Website. By posting, displaying, transmitting, performing, or
otherwise distributing information or other content (“Member Content”) to our
Website, you are granting EcomSidekick.com, its officers, directors, employees,
agents, consultants, representatives, and affiliates, a license to use the
Member Content in connection with the operation of the business of EcomSidekick.com,
its directors, employees, officers, affiliates, representatives, consultants,
and agents, including, without limitation, a right to distribute, copy,
transmit, publicly display, reproduce, translate, edit, and reformat Member
Content. You understand and agree that you will not be compensated for any
Member Content. By posting Member Content on our Website or Service, you
warrant and represent that you own the rights to the Member Content or are
authorized to post, display, distribute, perform, or transmit Member Content.
Unlawful Activity
We reserve the right to investigate complaints or reported violations of
this Agreement and to take any action we deem appropriate, including, but not
limited to, reporting any suspected unlawful activity to law enforcement
officials, regulators, or other third parties and disclosing any information
necessary or appropriate to such persons or entities relating to your profile,
email addresses, usage history, posted materials, IP addresses, and traffic
information.
Linking to Our Website
You may provide links to our Website provided that (a) you do not remove or
obscure any portion of our Website by framing or otherwise, (b) your website
does not engage in illegal or pornographic activities, and (c) you cease
providing links to our Website immediately upon our request.
Links to Other Websites
Our Website may from time to time contain links to third-party websites.
Inclusion of links for any website on our Website does not mean that we
endorse, guarantee, warrant, or recommend the services, information, content,
and/or data of such third-party websites.
EcomSidekick.com has no control over the legal documents and privacy
practices of third-party websites; you access any third-party websites at your
own risk. We recommend that you review the privacy notice and terms and
conditions of those websites to fully understand what information is collected
and how it is used.
Payments
You represent and warrant that if you are purchasing something from us, (i)
any payment information you supply is true and complete, (ii) charges incurred
by you will be honored by your bank or credit card company, (iii) you will pay
the charges incurred by you at the posted prices, including any applicable
taxes, and (iv) if your initial payment method is dishonored, you will still
pay the incurred charges, including any surcharge we may incur due to the
dishonored payment.
Refund and Return Policy
To the extent that you purchase any goods directly from us, we may refund
your purchase price within thirty (30) days of your notifying us in writing of
your desire for the refund together with a reason for the request subject to
the return of the Product to us in substantially the same condition as when you
purchased it. Any refund or return may be subject to restocking fees as found
on our Website.
Termination of Membership
Your membership with us is effective until terminated by you or us. Your
rights under these Terms and Conditions will terminate without our notice if
you fail to comply with any term of these Terms and Conditions. Upon
termination, you will stop representing yourself as a registered Member or
Client. You must delete or destroy any information or content (including all
copies) obtained from our Website. Certain provisions of this Agreement,
including, but not limited to, copyrights, indemnity, trademarks, limitation of
liability, warranty, and jurisdictional issues will survive the termination of
this Agreement.
Indemnification
You agree to indemnify, defend, and hold us and our partners, agents,
officers, directors, employees, subcontractors, successors, assigns,
third-party suppliers of information and documents, attorneys, advertisers,
product and service providers, and affiliates free from any liability, loss,
claim, and expense, including reasonable attorney’s fees, related to your
violation of this Agreement or use of our Website or Services.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that
portion will be construed consistent with applicable law and the remaining
portions will remain in full force and effect. To the extent that any Content
is in conflict or inconsistent with this Agreement, this Agreement will take
precedence. Our failure to enforce any provision of this Agreement will not be
deemed a waiver of such a provision, nor of the right to enforce such a
provision. Our rights under this Agreement will survive any termination of this
Agreement.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by
giving you advance notice of the changes by email or in writing. We will also
post these changes on our website. These changes will become effective 30 days
after receipt of the notice. To avoid doubt, no unilateral amendment will
retroactively change agreed dispute-resolution provisions of these Terms and
Conditions, if any, including, for example, arbitration provisions for then-pending
disputes unless the parties expressly agree otherwise. Your continued use of
our Website, Services, and Products after any change to these Terms and
Conditions and our notifying you will constitute your acceptance of such
change. If you do not agree with the changes to these Terms and Conditions, you
can choose to discontinue the use of our Website, Services, and Products.