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Terms of Service
This is a legal document and creates an Agreement between you, the user, and myEcommerce Inc. You must agree to be bound by the terms and
conditions presented herein as a condition precedent to using our website and any of the tools or services provided to you via the myEcommerce Inc web site.
By
using or purchasing any tool or service presented on our website or viewing any element of content present on this site, you signify your acceptance to each term and
condition of this Terms of Service. These terms and conditions apply to any separate Agreement, whether or written in nature and are incorporated by reference into any
such Agreement as if fully set forth therein.
THE TERMS AND CONDITIONS OF THIS AGREEMENT APPLY NOT ONLY TO YOUR USAGE OF THIS SITE BUT TO ANY SUBSEQUENT AGREEMENT
WHEREBY myEcommerce Inc, INC PROVIDES YOU ANY SERVICE WHATSOEVER.
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Rules of Behavior Regarding This Website
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You may never engage in any of the following activities:
* Violation of any law, whether civil, criminal, or regulatory in nature, regarding your usage of this site.
* Engage in any action, indirectly or directly, that is harmful to the myEcommerce Inc web site or any function thereof. Confidentiality of Codes, Passwords and
Information.
You agree to treat as strictly private and confidential any user ID and related password which you may have received required for entry to any tool or
service that we provide and all information to which you have access through password-protected areas and will not cause or permit any such information to be communicated,
copied or otherwise divulged to any other person whatsoever. You are solely responsible for the security of your password. Any loss that you sustain due to a lack of
security on your part regarding your codes or passwords is your sole loss to sustain.
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Intellectual Property
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The contents of the myEcommerce Inc website are protected by United States copyright law and trademark law, the laws of the State of California, and various international
treaties and agreements. United States copyright law and patent law may protect various software, programming and scripts in use by myEcommerce Inc. Text, graphics,
appearance, visual elements, design, concepts, business models, operational models, databases, collections of links, hyper text markup language (HTML) code, scripts and
all products sold and services offered are protected by United States and International Copyright Laws and Treaties, and may not be copied, published, reengineered,
decompiled, translated, mirrored, hosted, or otherwise distributed by any means without explicit written permission of myEcommerce Inc.
Trademarks appearing on this
site are protected by law and you cannot use any such trademarks in any fashion without the express written permission of the trademark owner.
Your
"right" to use the myEcommerce Inc site, and any tools, services or memberships offered is subject to termination by myEcommerce Inc at any time, for any reason,
without notice to you.
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Liability
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The services, tools, and programs offered by myEcommerce Inc, including those service that are not a portion of this website, but are services provided by separate
contractual agreement or arrangement, are provided on a "as is" basis, and without warranties of any kind either express or implied. myEcommerce Inc hereby
disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. myEcommerce Inc
does not warrant that any material or function presented on this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server
that makes it available are free of viruses or other harmful elements. myEcommerce Inc does not offer a warranty or make any representations regarding the results of the
use of the materials in this site in terms of their correctness, accuracy, reliability, risk of injury to your computer or commercial advantage to you. No promises of any
earnings or commercial gain are made to you in any way. Applicable law may not allow the exclusion of implied warranties, so such exclusions may not apply to you.
Under no circumstances, including, but not limited to, negligence, shall myEcommerce Inc be liable for any special or consequential damages that result from the use of, or
the inability to use, the tools or services offered to you via this site, or outside of this site through separate contractual arrangements, even if you have advised
myEcommerce Inc of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the
above limitation or exclusion may not apply to you. In no event shall myEcommerce Inc’s total liability to you for all damages, losses, and causes of action (whether in
contract, tort, or any other legal theory, including but not limited to, negligence or otherwise) exceed the amount of One Hundred Dollars ($100) USD.
You agree to
hold myEcommerce Inc, its employees, directors, officers, investors, partners, affiliates and advertisers harmless and defend from any civil claim of any nature regarding
your usage of any of the tools or services provided via this site, or through any separate contractual arrangements.
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Cancellation of Programs, Tools, and Services
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myEcommerce Inc may cancel or discontinue any or all of our programs, tools, or services provided on this website at any time without notice to you.
Jurisdiction/Arbitration
This Agreement and any separate agreements whereby myEcommerce Inc provides you with services, shall be governed by and construed in accordance
with the internal laws of the State of California, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all
disputes, controversies or claims (except civil wrongs or criminal acts, intentional or otherwise, committed by you) arising out of or relating to this Agreement will be
resolved through mandatory binding arbitration conducted in Los Angeles, California, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United
States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of
J.A.M.S.’s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the
provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will
cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS’s panel of neutrals. If the parties fail to so select an arbitrator within
thirty (30) days following the date of either party’s notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The
award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator’s award will be final and binding upon
the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be
conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator’s fees will be shared equally by the parties and each
party will bear its own costs and attorneys’ fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration
proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions
will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing,
nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief.
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