MAXIMIZING ECOMMERCE

 TERMS OF SERVICE

Effective February 21, 2019

 

These Terms of Service (the “Terms”) form a binding agreement between you and Maximizing Ecommerce LLC, a Florida limited liability company (the “Company”) which provides expandinternationally.com, expandtouk.com, expandtocanda.com, expandtoeurope.com, maximizingecommerce.com and the products and services available on these websites (collectively, the “Services”). By accessing, viewing, using, purchasing, or registering for any portion of the Services in any way, you agree to be legally bound by these Terms. The Company reserves the right to modify these Terms at any time by updating this document and notifying users via email. The date of the most recent version will appear at the top of the Terms.

  1. THE SERVICES
    1. The Company provides certain informational services consisting of internet content available only to certain users who have purchased access to such content (the “Member Area Content”). Users who have purchased access to Member Area Content (“Content Members”) agree as follows:
      1. Access to the Member Area Content may be revoked or limited at any time if (1) Content Member violates any provision of these Terms or (2) the Company discontinues or modifies its Services or other offerings.
      2. Member Area Content may not be copied, distributed, shared, sold, or licensed under any circumstance. Member Area Content is for use by the Content Members only.
  • Member Area Content is subject to change and may not be accurate or up to date at all times.
  1. The Company provides certain business consulting services consisting to certain users who have purchased access to such services (the “Consultation Services”). Users who have purchased access to Consultation Services (“Consultation Members”) agree as follows:
    1. The scope of the Consultation Services will be listed on the Company’s websites and may be subject to change. The specific items and services listed for the Consultation Services will be the only Consultation Services provided for. Additional Services may be available for an additional fee.
    2. Consultation Members will use their best efforts to assist the Company. While the Consultation Services are designed to help the Consultation Member improve its ecommerce business, the dedicated effort of the Consultation Member is crucial to achieving success.
  2. Content Members and Consultation Members (collectively, “Members”) agree:
    1. Except insofar as specifically provided as part of the Consultation Services, Members are responsible for their own regulatory, tax, and legal compliance and ongoing maintenance of their Amazon account.
    2. The Company is not liable for any changes, limitations, negative reviews, or other issues arising out of, or relating to, any Member’s Amazon.com or other third-party accounts.
  • Discussions of earnings, sales, visibility, rankings, revenue, and results are hypothetical and not guaranteed. Results will vary.
  1. USE OF THE SERVICES
    1. Your use of the Services, including your Account, (as defined below), may be terminated or limited at any time if you breach any provision in these Terms. In addition, the Company may discontinue or limit the Services at any time without notice and without liability to you.
    2. You agree that you will not in any way:
      1. use the Services in any way that violates any law, rule, or regulation to which you are subject;
      2. use the Services to violate the rights (including intellectual property rights) of any third party;
  • use the Service to intimidate, harass, or violate the rights of any third party;
  1. hack, decode, decompile, index, disassemble, or reverse engineer the Services;
  2. copy, distribute, share, sell, or license any portion of the Services (including content available to Members) unless expressly authorized to do so;
  3. remove, obstruct, or obscure any copyright or trademark notice within the Services; or
  • create any derivative works based on the Services.
  1. By using the Services, you agree that you are at least 18 years of age.
  1. ACCOUNT REGISTRATION AND PAYMENTS
    1. In order become a Member and access most of the Services, you will be required to register for a Member account (the “Account”). You agree to keep your Account details, including password, strictly confidential. Your Account is of a personal nature and may not be shared with any other person or entity. You agree to be responsible for any use of your Account.
    2. You may be required to purchase Member or Account access. Prices will be listed on the Services in US Dollars but are subject to change at any time without notice.
    3. You grant the Company and its third party payment processors (the “Third Party Processors”) the permission to charge your credit card for the then-current rate of for any Account type you purchase through the Services. You further agree that any billing error or inaccuracy is solely the responsibility of the Third Party Processors and not the Company and that, in such an instance, your sole recourse will be against the responsible Third Party Processors.
    4. You may cancel your Account (and thus access to the Member Area Content and/or Consultation Services at any time by accessing the appropriate cancellation option from within the Services. The Company is under no obligation to make any refund. All sales are final.
  2. USER CONTENT
    1. Members may be permitted to upload comments, images, messages, or other materials posted at certain places in the Services (collectively, “User Content”). User Content is the sole responsibility of the person or entity from which such User Content originated. The Company may modify or delete User Content at any time, but is under no obligation to do so. You are entirely responsible for all User Content that is uploaded, posted, transmitted or otherwise made available by you or through your Account.
    2. You hereby grant the Company a perpetual, royalty-free, worldwide, irrevocable license to display, distribute, and sublicense the User Content, including any derivatives thereof. The Company may do so without crediting or compensating the creator.
    3. You represent and warrant that you own or otherwise have the rights to distribute the User Content.
  3. INTELLECTUAL PROPERTY
    1. The Services, including all Member Area Content and anything provided as part of the Consultation Services, and all of the text, images, videos, sounds, articles, features, data, code, and software found on the Services, other than the User Content and information which is in the public domain (collectively, the “Company Content”) are owned by the Company and protected by applicable copyright and/or trademark law. All rights are reserved. Any redistribution or reproduction of part or all of the Company Content, including derivatives thereof, are expressly prohibited.
  4. WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY
    1. ALTHOUGH THE COMPANY USES REASONABLE EFFORTS TO ENSURE THAT INFORMATION FOUND WITHIN THE SERVICES, INCLUDING ANY INFORMATION PROVIDED AS MEMBER AREA CONTENT OR CONSULTATION SERVICES, IS ACCURATE AND COMPLETE, THE COMPANY DOES NOT GUARANTEE THIS TO BE THE CASE. THE SERVICES ARE PROVIDED “AS IS”AND WITH ALL FAULTS. THE COMPANY, ITS AFFILIATES, AND ITS CONTENT PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY, ACCESS, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.
    2. THE COMPANY ENDEAVORS TO MAKE THE SERVICES AVAILABLE AT ALL TIMES BUT THE SERVICES MAY AT TIMES BE UNAVAILABLE. THE COMPANY WILL NOT BE RESPONSIBLE TO YOU, NOR WILL IT ISSUE ANY REFUNDS OR CREDITS, FOR YOUR INABILITY TO ACCESS THE SERVICES.
    3. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, WILL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNTS PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.THE COMPAN IS NOT ABLE TO EXERCISE CONTROL OVER THE SECURITY OR CONTENT OF INFORMATION PASSING OVER THE INTERNET, AND WE HEREBY EXCLUDE ALL LIABILITY OF ANY KIND FOR THE TRANSMISSION OR RECEPTION OF INFRINGING OR UNLAWFUL INFORMATION OF WHATEVER NATURE.
  5. INDEMNIFICATION
    1. You agree to indemnify, defend and hold harmless the Company, its members, officers, directors, employees and agents (collectively, “Affiliates”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim by any third party relating to your business activities. This defense and indemnification obligation will survive your use of the Services.
  6. ADDITIONAL TERMS
    1. These Terms will be governed and construed in accordance with the laws of the state of Florida without regard for the conflict of laws. Any dispute arising hereunder, or related to the terms hereof, will be brought exclusively in the state or federal courts located in Martin County, Florida.
    2. These Terms represents the full and final understanding of the parties with respect to the subject matter hereof, provided that additional terms may be included in any product or service offered by the Company, which will be deemed to supplement these Terms.
    3. You agree to receive electronic communications from the Company, including emails. You may opt-out of promotional emails at any time by following the instructions in any promotional email you receive.
    4. These Terms may be assigned by the Company as the result of a sale, merger, or reorganization of the Company. You may not assign these Terms.