By Making a payment electronically you agree to the terms listed below.

Our services are:

-Website Hosting Services
-Social Media Marketing Services
-Website Development Services
-Search Engine Optimization Services
-Content Marketing Services
-Blogging Services

 

eCom Builder Group
Welcome to eCom Builder Group, LLC (“EBG”). We look forward to working with you and want You to know about the services we are going to provide to You. This contract (the “Agreement” or “Contract”) set forth eCom Builder Group’s obligations to (“You” or “Your”), and Your obligations to eCom Builder Group. Please read this Contract carefully and keep a copy for Your records. This Contract is binding and is entered into on the date You sign the Contract and provide all amounts due under this Contract (hereafter the “Effective Date”).

 

A. The Services eCom Builder Group Will Provide
Pursuant to this Contract, eCom Builder Goup will provide You with the following services (hereafter the “Services”):

Website Hosting, website services, or marketing services.

The service is dependant upon which product purchased.

B. Price

In return for the Services described above, You agree to pay eCom Builder Group, LLC the cost of the service. Some services do come with a recurring payment. If a service you purchased has a monthly recurring payment you are obligated to pay this every month or the terms selected in order to use eCom Builder Group’s services. If you default on a monthly recurring payment your services will be deactivated after three days of being defaulted. In order to restore your services you must update your payment information with eCom Builder Group. Further, You agree to provide eCom Builder Group, LLC with valid credit card account information for payment of the amount set forth above, and You authorize eCom Builder Group, LLC to charge and collect amounts from Your credit card account(s) for the Services.

 

C. Disclaimer of Warranties or Guarantees
1. Client acknowledges and agrees that the Services are provided on an “as is” and “as available” basis without any representation or warranty, express or implied. eCom Builder Group,LLC does not warrant that the Services will meet the Client’s requirements or that the Services will be uninterrupted or error-free. eCom Builder Group, LLC assumes no responsibility for the results achieved by Client from using the Services. eCom Builder Group, LLC does not represent or guarantee any sales, revenues, profits, or success due to the Services provided to Client. eCom Builder Group, LLC also does not guarantee any particular search engine ranking, traffic, and/or placement in any search engines. ECOM BUILDER GROUP, LLC DOES NOT AUTHORIZE ANYONE TO MAKE PROMISES, WARRANTIES OR GUARANTEES ON ITS BEHALF THAT ARE NOT CONTAINED IN THIS WRITTEN CONTRACT. IF YOU BELIEVE PROMISES, WARRANTIES OR GUARANTEES WERE MADE TO YOU THAT ARE NOT EXPRESSLY INCLUDED IN THIS WRITTEN CONTRACT, YOUR SOLE REMEDY IS TO REFUSE TO EXECUTE THIS AGREEMENT.

2. ECOM BUILDER GROUP, LLC DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ECOM BUILDER GROUP, LLS ALSO DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT FROM the USE OF THE SERVICE, INCLUDING LOSS OF DATA, NON-DELIVERIES OR SERVICE, INTERRUPTIONS BY ANY CAUSE, OR ERRORS OR OMISSIONS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, AND ECOM BUILDER GROUP, LLC SPECIFICALLY DENIES ANY RESPONSIBILITY FOR THE ACCURACY OR QUALITY OF THE SERVICES.

3. ECOM BUILDER, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, RELATING TO OR ARISING FROM THIS CONTRACT OR ANY ACT OR OMISSION RELATING TO IT, OR THE SERVICES. TO THE EXTENT ALLOWED BY LAW, ECOM BUILDER GROUP’S LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIM OR JUDGMENT IS LIMITED TO NO MORE THAN THE AMOUNT OF THE SERVICE CHARGES ACTUALLY PAID BY YOU TO ECOM BUILDER GROUP, LLC.

 

D. Sole Method for Terminating the Contract

1. You may cancel this Contract for any reason by providing written notice within three (3) business days of the Effective Date to eCom Builder Group, LLC at cancellations@eComBuilderGroup.com. The notice will be effective as of the date and time You send an email notice to eCom Builder Group, LLC.

2. Any time more than three (3) days after the Effective Date, You can only terminate this Contract by providing written notice and paying eCom Builder Group, LLC all amounts to be paid under this Contract, plus any late fees and/or collection costs, if they become necessary.

3. eCom Builder Group may terminate this Contract without notice and may terminate any Service at any time for any reason.

4. This Contract provides the sole means for terminating this Contract and any effort to cancel, chargeback, reverse, or otherwise recoup any payment made or owed to eCom Builder Group, LLC inconsistent with the terms of this Contract is ineffective, invalid, and unenforceable. If You initiate any effort to cancel, chargeback, reverse, or otherwise recoup any payment made or owed to eCom Builder Group, LLC inconsistent with the terms of this Contract, You will be liable to eCom Builder Group, LLC for the cost of responding to such effort, including but not limited to court costs and reasonable fees, regardless of the outcome of such efforts.

5. NO EXCEPTION TO THE TERMINATION PROVISIONS IN THIS AGREEMENT WILL BE ALLOWED. 

 

 E. Intellectual Property Rights

1. By entering into this Contract You represent that You own or have permission to use any and all intellectual property furnished by You to eCom Builder Group, LLC. You agree to indemnify and hold eCom Builder Group, LLC harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorneys’ fees, which arise from any claim alleging infringement of any intellectual property right arising out of the use of the intellectual property You provide to eCom Builder Group, LLC for use in providing the Services.

2. eCom Builder Group, LLC owns the intellectual property rights to the Services provided by eCom Builder Group, LLC. eCom Builder Group, LLC hereby grants You a limited, non-exclusive, non-transferrable, non-assignable license to use the Services during the term of this Contract. You may not copy, reproduce, republish, resell, transfer, post, transmit, distribute, or disclose the Services in any manner, except that You may download one copy of the Services on any single computer for Your use to access and utilize the Services. In using the Services You must keep intact all copyright and other proprietary notices. The Services constitute and contain eCom Builder Group, LLC’s confidential and proprietary information, and contain trade secrets and intellectual property protected under United States copyright laws, international treaty provisions, and other laws. Subject to the terms of this license, eCom Builder Group, LLC retains all rights, title and interest to the Services.

3. You agree that eCom Builder Group, LLC has the right to display the Services provided to You as examples of its work.

 

F. Acknowledgement that You Started Your Business Before Contact With eCom Builder Group, LLC
You represent to eCom Builder Group, LLC that you had already developed or were developing an online commercial retail business prior to being contacted or receiving any Services from ecom Builder Group, LLC. You also agree that eCom Builder Group, LLC did not offer you a “Home Based Business” or “Business Opportunity” as those terms are used by the Federal Trade Commission, or by any other state or federal governmental entity. You also agree that You have been and will remain responsible for making all decisions regarding the name of Your business, the products and product lines You offer and sell as part of Your business, and the drop shippers (if any) that You have decided to work with as part of Your business. You acknowledge and agree that to the extent eCom Builder Group, LLC assists you in identifying appropriate drop shippers, eCom Builder Group, LLC does not have any relationship with such drop shippers, and is not responsible for the conduct or performance of such drop shippers.

 

H. Prohibited Practices
1. You may not use or allow the Services to be used in any manner that is illegal, fraudulent, threatening, abusive, defamatory, or obscene, or that could cause damage to eCom Builder Group, LLC or its customers.

2. You agree that You will not make any statement that could reasonably be foreseen to, embarrass, criticize, damage, or adversely affect eCom Builder Group, LLC or its customers.

3. If You violate this section, You agree to pay eCom Builder Group, LLC liquidated damages in an amount not less than ten (10) times the fee for all Services to which this Contract applies. You further agree that this liquidated damages provision is a reasonable estimate of the damage that would be caused to eCom Builder Group, LLC due to a violation of this section.

 

I. Indemnification
You agree to indemnify and hold harmless eCom Builder Group, LLC, its owners, officers, directors, personnel, agents, representatives or affiliates from and against any claims, judgments, demands or damages, including costs and reasonable attorneys’ fees, due to or arising out of Your use of the Services, and/or Your breach of any provision of this Contract or violation of applicable law or regulation or the rights of any third party.

 

J. Non-Assignment
Unless otherwise agreed in writing, You may not assign this Contract to any other person or entity.

 

K. Six Month Period to Raise Disputes
NOTWITHSTANDING THE “DISCOVERY RULE”, ANY APPLICABLE STATUTE OF LIMITATIONS, OR ANY OTHER APPLICABLE LAW, RULE OR STATUTE, YOU AGREE TO CONTACT ECOM BUILDER GROUP, LLC WITHIN SIX (6) MONTHS OF THE EFFECTIVE DATE REGARDING ANY CLAIM OR DISPUTE RELATED TO THIS CONTRACT OR THE SERVICES. IF YOU DO NOT NOTIFY ECOM BUILDER GROUP, LLC OF SUCH CLAIM OR DISPUTE WITHIN SIX (6) MONTHS OF THE EFFECTIVE DATE, THEN YOU AGREE THAT THE RIGHT TO PURSUE SUCH CLAIM OR DISPUTE IS WAIVED.

 

L. Arbitration and Choice of Laws
In the event of a dispute regarding the Services or this Contract, You agree that the sole means of resolving the dispute will be through binding arbitration at Judicial Dispute Resolution, LLC in Seattle, Washington applying Washington substantive and procedural law. The prevailing party in such arbitration shall be entitled to reasonable costs and attorneys’ fees in addition to any other relief awarded by the arbitrator.

 

 M. Incorporation and Modification
THIS WRITTEN CONTRACT CONTAINS ALL THE PROMISES BETWEEN THE PARTIES REGARDING THE SUBJECT OF THIS CONTRACT. IF YOU BELIEVE PROMISES OR REPRESENTATIONS WERE MADE THAT ARE NOT CONTAINED IN THIS WRITTEN CONTRACT, YOUR SOLE OPTION IS TO REFUSE TO EXECUTE THIS CONTRACT. YOUR USE OR ATTEMPTED USE OF ANY OF THE PRODUCTS OR SERVICES PROVIDED BY ECOM BUILDER GROUP, INC. CONSTITUTES ACCEPTANCE OF THIS CONTRACT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS CONTRACT, DO NOT SIGN THE CONTRACT AND DO NOT USE OR ATTEMPT TO USE ECOM BUILDER GROUP, LLC’S PRODUCTS OR SERVICES. THIS CONTRACT MAY NOT BE MODIFIED EXCEPT BY A WRITTEN AGREEMENT SIGNED BY BOTH PARTIES.