Effective January 14, 2019
Welcome to EcommerceChamp!
These terms and conditions outline the rules and regulations for the use of EcommerceChamp’s Website, located at https://ecommercechamp.com/.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use EcommerceChamp if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
The Services are available only to individuals who are at least 13 years old.
1. Content on the Services
1.1. In General. Any opinions expressed by the contributors, authors and moderators who post content to EcommerceChamp are the personal opinions of the authors, not of EcommerceChamp, whether or not the authors are employees or contractors of EcommerceChamp The Content (as defined below) is provided for informational and entertainment purposes only and is not meant to be an endorsement or representation by EcommerceChamp or any other party.
1.2. Ownership. The Content (as defined below) on the Services is intended for your personal, noncommercial use only. Commercial use of any of the Content or Services is strictly prohibited. The Services and all materials published and/or distributed on or through the Services (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips) (collectively, the “Content”) are protected by copyright pursuant to U.S. and international copyright laws, and are owned or controlled by EcommerceChamp or the party credited as the provider of the Content. Except as set forth in Sections 1.3 and 5.4 of this Agreement, you may not modify, publish, transmit, adapt, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content in whole or in part, without the express written consent of EcommerceChamp or the copyright owner identified in the copyright notice in the Content. You agree not to change or delete any proprietary notices that appear in the Content. You may not use any EcommerceChamp logo or proprietary graphic or trademark without EcommerceChamp’s express written permission. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services. As between the parties, title, ownership rights, and intellectual property rights in the Content and Services, and any copies or portions thereof, shall remain in EcommerceChamp and/or its content providers or licensors. EcommerceChamp reserves any rights not expressly granted in this Agreement.
1.3. Limited License. Subject to your strict compliance with this Agreement, EcommerceChamp grants you a limited, revocable, non-transferable, non-assignable and non-exclusive license to access, download (temporary storage only), display, view, use, play and/or print the Content (excluding, for purposes of this Section 1.3, Content accessed through EcommerceChamp Advanced Consulting and further excluding source and object code in raw form or otherwise, other than as made available to access and use via a standard web browser to enable display) on a personal computer, mobile phone or other wireless device, or other Internet enabled device, for your personal noncommercial use only, subject to the restrictions set forth in this Agreement. The foregoing limited license (A) does not give you any ownership of, or any other intellectual property interest in, any Content, and (B) may be immediately suspended or terminated for any reason, in EcommerceChamp’s sole discretion, and without advance notice or liability.
2. User-Generated Content
2.1. Prohibited Actions. You are solely responsible for your communications on and your use of the Services. You agree not to do any of the following: (A) post or transmit any libelous, defamatory, indecent, obscene, fraudulent, deceptive, abusive or pornographic message, data, image, content or program; (B) post or transmit any message, data, image, content or program that would violate any property rights of others; (C) use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (D) upload or download files that contain software, marks, logos, data, images, content or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law, unless you own or control the rights to such files or material or have received all necessary consents; (E) upload files that contain a virus or corrupted data; (F) falsify the source or origin of software or other material contained in a file that you upload to the Services; (G) falsely purport to be an employee or agent of EcommerceChamp; (H) act, in your use of the Services, in a manner that is contrary to applicable law or regulation; or (I) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content.
2.2. EcommerceChamp’s Exclusive Right to Manage the User Submissions. You acknowledge that any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you post, upload, or submit to the Services, including but not limited to comments, forum messages, reviews, text, video, audio, photographs, computer code and applications (each, a “User Submission”) may be edited, removed, deleted, modified, published, transmitted, and displayed by EcommerceChamp in its sole discretion and without your permission, and you waive any rights you may have (including any moral rights) in preventing the material from being altered or changed in a manner not agreeable to you. You expressly agree that we may remove, disable or restrict access to or the availability of any User Submissions from the Services at any time, for any reason or for no reason at all. EcommerceChamp reserves the right to treat User Submissions as content stored at the direction of users for which EcommerceChamp will not exercise control except to block or remove content that comes to EcommerceChamp’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, libelous, defamatory, fraudulent, deceptive, misleading or otherwise objectionable to EcommerceChamp, or to enforce the rights of third parties or the content restrictions set forth below in this Agreement when notice of their violation comes to EcommerceChamp’s attention. However, EcommerceChamp shall not be responsible for controlling or editing any Content, and EcommerceChamp has no contractual obligation to remove inappropriate or unlawful Content. Under no circumstances will we be held liable for removing, disabling or restricting access to or the availability of Content.
2.3. License to EcommerceChamp of Your User Submissions. You hereby grant to EcommerceChamp, and you agree to grant to EcommerceChamp, a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, unconditional, unlimited, worldwide and cost-free license to use, copy, record, disclose, sell, re-sell, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, broadcast, publicly perform, display or otherwise exploit in any manner whatsoever, all or any portion of your User Submissions (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses, and to advertise, market and promote the same. In order to further effect the rights and license that you grant to EcommerceChamp to your User Submissions, you also hereby grant to EcommerceChamp, and agree to grant to EcommerceChamp, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, image, photograph, and likeness that you provide in connection with any User Submission, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if your User Submissions are altered or changed in a manner not agreeable to you. You agree that you shall have no recourse against EcommerceChamp for any alleged or actual infringement or misappropriation of any proprietary right in your User Submissions. You further acknowledge and agree that no compensation will be paid with respect to the use of your User Submissions or any of the rights granted in this Section 2.3.
2.4. Representations and Warranties Related to Your User Submissions. Each time you submit a User Submission, you represent and warrant that, as to that User Submission, (A) you are the sole author and owner of the intellectual property and other rights to the User Submission, or you have a lawful right to submit the User Submission and grant EcommerceChamp the rights to it that you are granting by this Agreement, all without any EcommerceChamp obligation to obtain consent of any third party and without creating any obligation or liability of EcommerceChamp; (B) the User Submission is accurate; (C) the User Submission does not and, as to EcommerceChamp’s permitted uses and exploitation set forth in this Agreement, will not infringe any intellectual property or other right of any third party; (D) the User Submission will not violate this Agreement, or cause injury or harm to any person; and (E) the User Submission complies with all applicable laws and regulations.
2.5. Responsibility of Users. You are entirely responsible for the content of, and any harm resulting from, your User Submissions. EcommerceChamp does not assume any responsibility or liability for any User Submissions posted on the Services or any website linked to the Services and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the User Submissions.
2.6. Non-Confidentiality of Your User Submissions. The Services are available to the public, and your User Submissions, along with information concerning your identity that you provide to EcommerceChamp (including your name, image, employer and location), may be publicly available. Do not post information you consider confidential to the Services. In addition, you agree that EcommerceChamp may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action or a legal request arising from any User Submission made by you.
2.7. Unsolicited Email, Spamming & Spoofing. You may not use the Services to transmit unsolicited email. You may not send unsolicited email to the Services or to anyone whose email address includes a domain name used on the Services. You may not use any domain name on our Services as a pseudonymous return email address for any communications, which you transmit from another location or through another service. You may not pretend to be someone else – or spoof their identity – when using the Services.
3. Links to Third-Party Websites
4. Copyright or Intellectual Property Infringement Notification
If you believe in good faith that material or Content available on EcommerceChamp infringes a copyright or other intellectual property right that you own or for which you are a beneficial owner or exclusive licensee, you are encouraged to notify EcommerceChamp It is our policy to terminate, in appropriate circumstances, the access rights of repeat infringers.
5. Terms Applicable to Users of EcommerceChamp Advanced Consulting
5 .1. In General. EcommerceChamp offers the opportunity to sign up to obtain enhanced content and features through EcommerceChamp Advanced Consulting. By using or accessing any products, content, features, services or events offered through EcommerceChamp Advanced Consulting, you agree to be bound by the terms and conditions of this Section 5, which are specific to use of EcommerceChamp Advanced Consulting and shall not apply to the use of any of the Services other than EcommerceChamp Advanced Consulting.
5.2. EcommerceChamp Advanced Consulting Account. In order to access certain features of EcommerceChamp Advanced Consulting, you will be required to create an online account (the “Premium Account”). You agree to: (A) take reasonable measures to maintain the security of your user identification, password and other information relating to your Premium Account; (B) refrain from sharing your Premium Account password or from allowing access to your Premium Account by any third party; (C) be solely responsible for the security, confidentiality, legality and integrity of all messages and content that you receive, transmit or store using EcommerceChamp Advanced Consulting and the Premium Account; (D) be responsible for all charges resulting from use of your Premium Account, including unauthorized use prior to your notifying EcommerceChamp in writing of such use and taking steps to prevent its further occurrence, including by changing your password; (E) comply with the terms and conditions set forth herein; and (F) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of EcommerceChamp Advanced Consulting.
5.3. Fees; Payment Terms; Account Cancellation.
- EcommerceChamp charges a subscription fee (“Fees”) for the use of EcommerceChamp Advanced Consulting. By registering for a Premium Account, you agree to pay EcommerceChamp the Fees applicable to the account level chosen. Unless otherwise stated, all Fees are in U.S. Dollars. EcommerceChamp expressly reserves the right to change the Fees at any time, upon notice to you. The Fees do not include any payment for telecommunications and computer hardware, software, telecommunications access charges, lines or connections or other equipment and services required to access and use EcommerceChamp Advanced Consulting, which shall be your sole responsibility. All Fees will be billed to your credit card at the current international currency conversion rate. You are responsible for and shall pay EcommerceChamp all currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (collectively, “Taxes”) for the use of EcommerceChamp Advanced Consulting, whether imposed now or hereinafter by any governmental entity. For any upgrade or downgrade in plan level that you elect, your credit card will automatically be charged the new rate on your next billing cycle.
- All Fees are paid in advance and are refundable for 30 days of the initial purchase unless otherwise stated by a contract between EcommerceChamp and the customer. After the 30 day period there will be no refunds or credits for partial months of service, upgrades/downgrades, or for months when you did not use EcommerceChamp Advanced Consulting. We reserve the right to deactivate your access to EcommerceChamp Advanced Consulting if you fail to pay applicable fees. You must provide current, complete and accurate billing information. You must promptly update all billing information to keep your account current, complete and accurate (such as by furnishing a new billing address, card number or expiration date), and you must promptly notify EcommerceChamp if your credit card is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). You authorize us to obtain updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay EcommerceChamp in the event of any refusal of your credit card issuer to pay any amount to EcommerceChamp for any reason. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, EcommerceChamp may immediately suspend or terminate this Agreement and your access to EcommerceChamp Advanced Consulting.
- Your subscription will renew automatically, unless we terminate it or you terminate your subscription by providing written or electronic notice through one of the following methods:
Email: [email protected]
You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
5.4. Limited License to EcommerceChamp Advanced Consulting Users. Subject to your strict compliance with this Agreement, EcommerceChamp grants you a limited, revocable, non-transferable, non-assignable and non-exclusive license to use the Content available on EcommerceChamp Advanced Consulting (the “EcommerceChamp Advanced Consulting Content”) as described below. You may:
- View the EcommerceChamp Advanced Consulting Content while accessing EcommerceChamp Advanced Consulting.
- Download or print one copy of any EcommerceChamp Advanced Consulting Content for personal use.
- Incorporate, on a non-systematic and non-routine basis, a small excerpt of the EcommerceChamp Advanced Consulting Content (e.g., a few lines of text, a paragraph, a specific graphic, chart or graph) within a report or presentation that is distributed to an audience that is internal to the company for which you are employed (“your company”), as long as you attribute EcommerceChamp Advanced Consulting as the source.
- Briefly summarize, on a non-systematic and non-routine basis, EcommerceChamp Advanced Consulting Content in your own words, and distribute the summary to an audience that in internal to your company in connection with a specific project, as long as you attribute EcommerceChamp Advanced Consulting as the source.
- Distribute, in digital or hard copy, EcommerceChamp Advanced Consulting Content for which you have purchase reprint rights, to audiences inside or outside your company.
- If your Premium Account was obtained under an enterprise license made by your company, distribute EcommerceChamp Advanced Consulting Content in accordance with the terms of that license.
Except as expressly provided in this Section 5.4, you may not post or otherwise distribute EcommerceChamp Advanced Consulting Content (e.g. via hard copy, email, and/or posting on intranet, company bulletin boards or other information storage & retrieval systems). The foregoing limited license (A) does not give you any ownership of, or any other intellectual property interest in, any EcommerceChamp Advanced Consulting Content, and (B) may be immediately suspended or terminated for any reason, in EcommerceChamp’s sole discretion, and without advance notice or liability.
6. Operation of the Services
7. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED BY ECOMMERCECHAMP ON AN “AS IS” BASIS. ECOMMERCECHAMP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICES, INCLUDING THE ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY CONTENT ON THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ECOMMERCECHAMP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THAT ACCESS TO OR USE OF THE SERVICES WILL BE SECURE, ACCESSIBLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE. ECOMMERCECHAMP MAKES NO REPRESENTATIONS, WARRATIES OR GUARANTEES AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, LOSSES (INCLUDING LOSS OF DATA), OR THAT FILES AVAILABLE FOR DOWNLOAD FROM THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND, WHERE APPLICABLE, TERMINATE YOUR PREMIUM ACCOUNT. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 7 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.
8. LIMITATION OF LIABILITY
IN NO EVENT WILL ECOMMERCECHAMP BE LIABLE UNDER ANY THEORY OF LAW FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR RESULTING FROM USE OF OR RELIANCE ON THE CONTENT, EVEN IF ECOMMERCECHAMP MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES.
The Services are controlled and offered by EcommerceChamp from its facilities in the United States of America, Canada , United Kingdom and Pakistan. EcommerceChamp makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
9. VIOLATIONS / INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ECOMMERCECHAMP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT BY YOU OR ANY USER SUBMISSION POSTED OR SUBMITTED BY YOU (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).
10. WAIVER AND RELEASE
YOU AGREE THAT NEITHER ECOMMERCECHAMP NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE ECOMMERCECHAMP SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT ECOMMERCECHAMP SHALL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ECOMMERCECHAMP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ECOMMERCECHAMP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SERVICES.
11. Complete Agreement
12. Modifications / Termination
12.1. In General. Our employees are not authorized to vary the terms of this Agreement. This Agreement may be modified only (A) by obtaining our written consent in a notarized agreement signed by an officer of EcommerceChamp; or (B) as set forth below in Section 12.2.
12.2. Periodic Revisions. You agree that we may modify the terms of this Agreement from time to time, and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We will notify you of any material revisions or modifications to this Agreement by: (1) posting a notice on the EcommerceChamp.com website for thirty (30) days following any revisions or modifications to this Agreement and/or by posting a notice on EcommerceChamp.com the first time that you visit EcommerceChamp.com following such revisions or modifications; or (2) through a direct communication to you by email, if you have provided an email address to us. You will be deemed to have agreed to the new terms and conditions if you continue to access the Services after having been notified of such revisions or modifications by email or, if you have not been notified by email, after the passage of thirty (30) days from the time the revised terms and conditions are first posted on EcommerceChamp.com (whichever is sooner). If you do not provide us with a valid email address to send you information concerning revisions or modifications to this Agreement, then you agree that you will not receive notice by email. If you change email accounts, it will be your responsibility to notify us of a new valid email address in order to receive email notice. We assume no responsibility for your failure to actually receive notice. It is your responsibility to review this page for possible modifications.
13. Dispute Resolution / Jurisdiction / Agreement to Arbitrate
13.1. In General. Certain portions of this Section 13 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and EcommerceChamp agree that we intend that this Section 13 satisfies the “writing” requirement of the Federal Arbitration Act.
13.2. First – Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Services, the Content, your User Submissions, or this Agreement (collectively, “Dispute”), or to any of EcommerceChamp’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section 13.5 below), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if you have failed to provide us with this information or if such information is not current or accurate, then we have no obligation under this Section 13.2. Your notice to us must be sent to:
1309 Coffeen Avenue STE 1200
Sheridan, Wyoming 82801
For a period of 60 days from the date of receipt of notice from the other party, EcommerceChamp and you will engage in a good faith dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or EcommerceChamp to resolve the Dispute or Excluded Dispute on terms with respect to which you and EcommerceChamp, in each party’s sole discretion, are not comfortable.
13.3. Forums for Alternative Dispute Resolution.
Arbitration. If we cannot resolve a Dispute as set forth in Section 13.2 above within 60 days of receipt of the notice (or, where no notice address exists for you, after such Dispute arises), then either you or we may submit the Dispute to formal arbitration in accordance with this Section 13.3. If we cannot resolve an Excluded Dispute as set forth in Section 13.2 above within 60 days of receipt of the notice (or, where no notice address exists for you, after such Excluded Dispute arises), then either you or we may submit the Excluded Dispute to formal arbitration only if you and EcommerceChamp consent, in a writing signed by you and EcommerceChamp’s General Counsel, to have that Excluded Dispute subject to arbitration. In such a case (and only in such a case), that Excluded Dispute will be deemed a “Dispute” for the remainder of this Section 13.3.
Upon expiration of the applicable 60-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than 10 years’ experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, or if EcommerceChamp elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party appointed members or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of this Agreement, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award. If you and EcommerceChamp do not both consent to the arbitration of an Excluded Dispute as set forth in the immediately preceding paragraph of this Section 13.3.A, then this paragraph and the remainder of this Section 13.3 will not apply to the Excluded Dispute.
If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within 60 days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and a legal officer of EcommerceChamp consents to in writing. The substantive practice area requirements for the arbitrator and the $250,000 threshold for the number of arbitrators assigned to the Dispute set forth in the paragraph above for the AAA arbitration will also apply to any such arbitration under JAMS or another arbitration service.
You can obtain AAA and JAMS procedures, rules, and fee information as follows:
Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration, as with a court, the arbitrator must honor the terms of this Agreement and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in San Francisco, California; but if the applicable arbitration rules or laws require the arbitration to be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration, EcommerceChamp shall have the right to elect to proceed to arbitration in such location. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require EcommerceChamp to pay a greater portion or all of such fees and costs in order for this Section 13 to be enforceable, then EcommerceChamp will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act.
13.4. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 13.2 ABOVE, WHERE FEASIBLE) WITHIN 1 YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED.
13.5. Injunctive Relief. The foregoing provisions of this Section 13 will not apply to any legal action taken by EcommerceChamp to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, the Content, your User Submissions and/or EcommerceChamp’s intellectual property rights (including such EcommerceChamp may claim that may be in dispute), EcommerceChamp’s operations, and/or EcommerceChamp’s products or services.
13.6. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring a qualifying claim of Disputes (but not Excluded Disputes) in small claims court.
13.7. No Class Action Matters. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to Section 13.3.A above holds that this restriction is unconscionable or unenforceable, then our agreement in Section 13.3 above to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 13.8 below.
13.8. Federal and State Courts in San Francisco. Except to the extent that arbitration is required in Section 13.3 above, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in San Francisco, California. Accordingly, you and EcommerceChamp consent to the exclusive personal jurisdiction and venue of such courts for such matters.
13.9. Applicable Law. This Agreement will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the State of California, without regard to its conflict of law provisions.
If any portion of this Agreement is found to be unenforceable or invalid, that portion shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
EcommerceChamp may deliver notice to you under this Agreement by means of electronic mail, a general or specific notice on the Services, a communication to your EcommerceChamp account or by written communication delivered by first class U.S. mail to your address on record. You may give notice to EcommerceChamp at any time via electronic mail to the following address: [email protected].
EcommerceChamp may terminate or suspend access to the Services immediately, without prior notice or liability, if you breach this Agreement or for any other reason. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. This Agreement is not assignable, transferable or sub-licensable by you except with EcommerceChamp’s prior written consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind EcommerceChamp in any respect whatsoever. The headings of the sections contained in this Agreement are for convenience only and shall not be deemed to control of affect the meaning or construction of any provision of this Agreement.
EcommerceChamp is committed to safeguarding your privacy. Contact us at [email protected] if you have any questions or problems regarding the use of your Personal Data and we will gladly assist you.
Personal Data – any information relating to an identified or identifiable natural person.
Processing – any operation or set of operations which is performed on Personal Data or on sets of Personal Data.
Data subject – a natural person whose Personal Data is being Processed.
Child – a natural person under 16 years of age.
We/us (either capitalized or not) – EcommerceChamp
Data Protection Principles
We promise to follow the following data protection principles:
- Processing is lawful, fair, transparent. Our Processing activities have lawful grounds. We always consider your rights before Processing Personal Data. We will provide you information regarding Processing upon request.
- Processing is limited to the purpose. Our Processing activities fit the purpose for which Personal Data was gathered.
- Processing is done with minimal data. We only gather and Process the minimal amount of Personal Data required for any purpose.
- Processing is limited with a time period. We will not store your personal data for longer than needed.
- We will do our best to ensure the accuracy of data.
- We will do our best to ensure the integrity and confidentiality of data.
Data Subject’s rights
The Data Subject has the following rights:
- Right to information – meaning you have to right to know whether your Personal Data is being processed; what data is gathered, from where it is obtained and why and by whom it is processed.
- Right to access – meaning you have the right to access the data collected from/about you. This includes your right to request and obtain a copy of your Personal Data gathered.
- Right to rectification – meaning you have the right to request rectification or erasure of your Personal Data that is inaccurate or incomplete.
- Right to erasure – meaning in certain circumstances you can request for your Personal Data to be erased from our records.
- Right to restrict processing – meaning where certain conditions apply, you have the right to restrict the Processing of your Personal Data.
- Right to object to processing – meaning in certain cases you have the right to object to Processing of your Personal Data, for example in the case of direct marketing.
- Right to object to automated Processing – meaning you have the right to object to automated Processing, including profiling; and not to be subject to a decision based solely on automated Processing. This right you can exercise whenever there is an outcome of the profiling that produces legal effects concerning or significantly affecting you.
- Right to data portability – you have the right to obtain your Personal Data in a machine-readable format or if it is feasible, as a direct transfer from one Processor to another.
- Right to lodge a complaint – in the event that we refuse your request under the Rights of Access, we will provide you with a reason as to why. If you are not satisfied with the way your request has been handled please contact us.
- Right for the help of supervisory authority – meaning you have the right for the help of a supervisory authority and the right for other legal remedies such as claiming damages.
- Right to withdraw consent – you have the right withdraw any given consent for Processing of your Personal Data.
Data we gather
Information you have provided us with
EcommerceChamp may obtain the following types of information from you or concerning your computer or device (“Information”), which may include information that can be used to identify you as specified below (“Personally Identifiable Information”):
- Email Address
- Mailing Address
- Telephone Number(s)
- Credit Card Information
- Blog or Website URL
- Social Networking Handle or Username
- Demographic Information (e.g., age, gender, interests, and preferences)
- Professional Title
- Activities or Content Viewed on EcommerceChamp
- Information Collected Automatically
- Information Received from Third Parties
In certain cases, we may request that you provide some of the Information identified above in order to obtain specific products or services (such as registering for the Advanced Marketing Program or logging in to download NeilPatel.com reports). If you choose not to provide the Information we request, you may still use NeilPatel.com, but you may be unable to access certain features or services.
When you register to receive any products or services from EcommerceChamp or provide information to EcommerceChamp in any other manner, you agree to provide only true, accurate, current and complete information.
Information automatically collected about you
EcommerceChamp may automatically receive and log certain types of information when you visit or interact with our websites, services, mobile applications or other products, including:
- Browser Information
- Operating System Information
- Mobile Device Information (e.g., device identifier, mobile operating system, etc.)
- IP Address
- Internet Service Provider
- Content Viewed
- Geographic Location
- Connection Speed
- Time of Visit
- Referring Site, Application, or Service
- Registration Time
Information from our partners
If you choose to use any third party website or service that is integrated with EcommerceChamp, including a third party social networking or blogging site, such as LinkedIn, Facebook, Twitter or WordPress (“Third Party Websites”) – or if you use any EcommerceChamp application provided through any Third Party Website – we may receive Information, including Personally Identifying Information, from such Third Party Websites, including, but not limited to:
- Nickname or Username
- Photo or Graphic Avatar
- Unique Third Party Website Identifier (e.g., Facebook User ID)
- Biographical or Demographic Information (e.g. professional title, gender, college attended, etc.)
- Likes and Interests
- Any Information That Is Publicly Available on Third Party Websites
For example, EcommerceChamp may offer the ability to use certain Third Party Websites to facilitate your registration on EcommerceChamp. We may also use information about your profile and connections on Third Party Websites to allow you to share or connect with your friends and contacts on EcommerceChamp or to personalize your experience. In addition, EcommerceChamp offers “plugins” and “widgets” from various Third Party Websites that allow you to share EcommerceChamp content off of our service, as discussed in “Disclosure of Information to Third Parties”.
Your decision to use, or share with, a Third Party Website when accessing or using EcommerceChamp products and services is completely voluntary. EcommerceChamp is not responsible for compliance with the policies or practices of any Third Party Website. You should ensure that you are comfortable with the information such Third Party Websites may make available to EcommerceChamp by reviewing those Websites’ privacy policies and service terms, and by modifying your privacy settings and preferences on those Services.
Publicly available information
We might gather information about you that is publicly available.
How we use your Personal Data
We use your Personal Data in order to:
- Provide EcommerceChamp products and services
- Fulfill your requests
- Improve our products and services
- Personalize and tailor your experience on EcommerceChamp
- Operate our business
- Understand how users are engaging with EcommerceChamp
We use your Personal Data on legitimate grounds and/or with your Consent.
On the grounds of entering into a contract or fulfilling contractual obligations, we Process your Personal Data for the following purposes:
- To identify you for communication purposes
- To provide you a service or to send/offer you a product
- To communicate either for sales or invoicing
On the ground of legitimate interest, we Process your Personal Data for the following purposes:
- To send you personalized offers (from us and/or our carefully selected partners);
- To administer and analyze our client base (purchasing behavior and history) in order to improve the quality, variety, and availability of products/ services offered/provided;
- To conduct questionnaires concerning client satisfaction;
As long as you have not informed us otherwise, we consider offering you products/services that are similar or same to your purchasing history/browsing behavior to be our legitimate interest.
With your consent we Process your Personal Data for the following purposes:
- To send you newsletters and campaign offers (from us and/or our carefully selected partners);
- For other purposes we have asked your consent for;
We Process your Personal Data in order to fulfill obligation rising from law and/or use your Personal Data for options provided by law. We reserve the right to anonymize Personal Data gathered and to use any such data. We will use data outside the scope of this Policy only when it is anonymized. We save your billing information and other information gathered about you for as long as needed for accounting purposes or other obligations deriving from law.
We might process your Personal Data for additional purposes that are not mentioned here, but are compatible with the original purpose for which the data was gathered. To do this, we will ensure that:
- The link between purposes, context and nature of Personal Data is suitable for further Processing;
- The further Processing would not harm your interests and
- There would be appropriate safeguard for Processing.
We will inform you of any further Processing and purposes.
Who else can access your Personal Data
We do not share your Personal Data with strangers. Personal Data about you is in some cases provided to our trusted partners in order to either make providing the service to you possible or to enhance your customer experience. We share your data with:
Our processing partners:
Connected third parties include (but not limited to) :
- Google Analytics
- Google Optimizer
- Go to Webinar
- Ever Webinar
- Convert Kit
We only work with Processing partners who are able to ensure adequate level of protection to your Personal Data. We disclose your Personal Data to third parties or public officials when we are legally obliged to do so. We might disclose your Personal Data to third parties if you have consented to it or if there are other legal grounds for it.
How we secure your data
We do our best to keep your Personal Data safe. We use safe protocols for communication and transferring data (such as HTTPS). We use anonymizing and pseudonymizing where suitable. We monitor our systems for possible vulnerabilities and attacks. Stored data is encrypted when possible.
Even though we try our best we can not guarantee the security of information. However, we promise to notify suitable authorities of data breaches. We will also notify you if there is a threat to your rights or interests. We will do everything we reasonably can to prevent security breaches and to assist authorities should any breaches occur.
If you have an account with us, note that you have to keep your username and password secret.
We do not intend to collect or knowingly collect information from children. We do not target children with our services.
Cookies and other technologies we use
A cookie is a tiny text file stored on your computer. Cookies store information that is used to help make sites work. Only we can access the cookies created by our website. You can control your cookies at the browser level. Choosing to disable cookies may hinder your use of certain functions.
- Necessary cookies – these cookies are required for you to be able to use some important features on our website, such as logging in. These cookies don’t collect any personal information.
- Functionality cookies – these cookies provide functionality that makes using our service more convenient and makes providing more personalized features possible. For example, they might remember your name and e-mail in comment forms so you don’t have to re-enter this information next time when commenting.
- Analytics cookies – these cookies are used to track the use and performance of our website and services
- Advertising cookies – these cookies are used to deliver advertisements that are relevant to you and to your interests. In addition, they are used to limit the number of times you see an advertisement. They are usually placed to the website by advertising networks with the website operator’s permission. These cookies remember that you have visited a website and this information is shared with other organizations such as advertisers. Often targeting or advertising cookies will be linked to site functionality provided by the other organization.
Here are the cookies we use:
- Google Analytics – persistent cookie – 2-year duration – we use Google Analytics to improve the user experience on the website (you can opt out here)
- Redirection cookie – persistent cookie – 1-year duration – we redirect you to the language that is best suited from the country you are visiting from
- Popup cookie – persistent cookie – 1-year duration – we offer you the chance to be notified of new content and marketing materials
- you can opt out through your browser settings.
- YouTube – persistent cookie – 30-day duration – we embed YouTube videos onto our site to provide you with additional educational material.
You can remove cookies stored in your computer via your browser settings. Alternatively, you can control some 3rd party cookies by using a privacy enhancement platform such as optout.aboutads.info or youronlinechoices.com. For more information about cookies, visit allaboutcookies.org.
Last modification was made 16 January 2019.
Working with EcommerceChamp has been the most pleasant experience I’ve ever had! Their passion and dedication for what they do are shown through their responsiveness and their customer support. I am looking forward to a long-lasting relationship with the crew here!
It’s a pleasure for me to recommend EcommerceChamp to anyone interested. They have been more than professional, competent, and comprehensive over the entire process of our relationship. The reaction to our new website was overwhelming to say the least, thanks to EcommerceChamp.
The knowledge and professionalism of the staff at EcommerceChamp has been nothing but outstanding. The quality of links and blog articles they did for me has been top-notch and I won’t think twice about using them again!
Finally I found a partner that I can work with to achieve my clients' goals. Thank you EcommerceChamp!