ECJ GROWTH TERMS OF SERVICE
BUSINESS TO BUSINESS
Jacob Levinrad Enterprises, LLC, doing business as “ECJ Growth” (“ECJ Growth,” “we,” “us,” “our”), provides a range of business-to-business (B2B) services, including but not limited to e-commerce strategy development, website and e-store design and integration, digital marketing and sales optimization, contractor licensing, and ongoing business support (collectively, such services, along with any new features and applications, and the site, are referred to as the "Service(s)"). These Services are offered through our websites, social media accounts, and online platforms.
The Services provided by ECJ GROWTH are offered through various platforms, including our websites, social media accounts, and online communication channels. These Services are tailored to meet the specific needs of each client (the “Client”) and are governed by the following Terms of Service (the “Terms”). PLEASE READ THESE TERMS CAREFULLY, as they outline your responsibilities, the scope of the Services, and your rights in the event of a dispute with us.
BY USING OUR SERVICES, YOU AGREE THAT ANY DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, INCLUDING ANY DISPUTES OR CLAIMS AGAINST ECJ GROWTH OR ITS AFFILIATES, WILL BE RESOLVED THROUGH BINDING ARBITRATION. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST ECJ GROWTH. THIS PROVISION APPLIES TO ALL USERS AND IS A FUNDAMENTAL PART OF OUR AGREEMENT WITH YOU.
- Access to the Services. By engaging ECJ GROWTH to provide services (hereinafter referred to as the "Services"), you, on behalf of your business entity (the "Client"), as well as all members, employees, contractors, agents, and other representatives who access or use the Services under your account (the "Account"), agree to the terms and conditions outlined in this document. These terms govern the service relationship between ECJ GROWTH as the service provider and you as the Client, ensuring the ongoing provision of value as your business grows and benefits from our Services. We offer a diverse range of ECJ GROWTH Services, which may include the licensing of individuals that benefit your business, Business Consulting, Digital Marketing, and ongoing E-commerce Platform Management. Depending on the specific Service(s) you engage with, additional terms, conditions, and guidelines (the "Service Terms") may apply. By accessing and/or using our Services, whether or not you have registered for an Account, you agree to be bound by these Terms, the terms and conditions of our Privacy Policy, and any other legal notices, rules, policies, and procedures related to the Services that we may publish from time to time (collectively, the “Legal Documents”).
- This document does not create a partnership, joint venture, or other fiduciary relationship between you and ECJ GROWTH. Rather, it establishes a service relationship where ECJ GROWTH, as the service provider, delivers value through its Services as you, the Client, utilize and benefit from these Services. The success of this relationship depends on the Client’s adherence to these terms and active participation in the collaborative process.
- ECJ GROWTH offers a broad spectrum of Services tailored to meet the specific needs of your business. Any additional Service Terms are considered part of this Agreement. By accessing or using any specific Service, you agree to comply with the applicable Service Terms, which shall take precedence in the event of any conflict with these general Terms.
- To utilize certain Services, you may be required to create an Account. You are responsible for maintaining the confidentiality of your Account information, including passwords, and for restricting access to your Account. You agree to accept responsibility for all activities that occur under your Account. ECJ GROWTH reserves the right to refuse or terminate access to Services, cancel Accounts, or remove or edit content at our sole discretion, particularly if we believe that any activity violates these Terms, the Legal Documents, or any applicable laws or regulations.
- As the Client, you agree not to misuse the Services. Misuse includes, but is not limited to, using the Services for any illegal purpose, to harm or exploit others, or to violate any local, state, national, or international law or regulation. You are also prohibited from attempting to gain unauthorized access to any portion or feature of the Services or any other systems or networks connected to the Services.
- While ECJ GROWTH strives to ensure that our Services are available at all times, we do not guarantee uninterrupted access to the Services. ECJ GROWTH reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content, without prior notice. Any such changes shall be communicated promptly, and your continued use of the Services after any modifications will constitute your acceptance of those changes.
- Modifications to Terms of Service. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we may post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services' user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than seven (7) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. Any new features or tools which are added to the current Services will also be subject to the Terms of Service.
- Privacy Policy. We respect the privacy of our clients and are committed to protecting the personal and business-related information you provide to us. By using our Services, you consent to the collection, use, and disclosure of certain information, including personal data and business-related details, as necessary to provide and improve our Services. This information may be used to manage your account, communicate with you, tailor our Services to your business needs, fulfill our contractual obligations, and comply with legal requirements. We do not sell, trade, or rent your information to third parties; however, we may share it with trusted service providers who assist in operating our business and delivering the Services, provided they agree to maintain confidentiality. We implement technical and organizational measures to protect your information, though no security system is entirely infallible. By continuing to use the Services, you acknowledge and accept these practices, and any updates to our Privacy Policy, which may change from time to time. For further details, please review our Privacy Policy, and contact us if you have any questions.
- Service Eligibility and Registration.
- To be eligible to engage and use ECJ GROWTH's Services, your business entity must be legally recognized and authorized to enter into binding agreements. The representative acting on behalf of the Client must be at least 18 years old, or the age of majority in the relevant jurisdiction, whichever is greater, and must have the authority to bind the business entity to these Terms. By using the Services, you confirm that your business entity meets these requirements and that the representative is duly authorized to act on its behalf.
- To access certain Services, your business may need to register for an Account with ECJ GROWTH. When registering, you agree to provide accurate, current, and complete information about your business, including business name, address, and contact details. You are responsible for maintaining the confidentiality of your ECJ GROWTH Account login credentials and ensuring that only authorized representatives of your business have access to the Account. You agree not to share your Account password with unauthorized individuals, and you acknowledge that you will be solely responsible for any activities or actions taken under your ECJ GROWTH Account, whether or not such activities have been authorized by you.
- As a Client, you are responsible for ensuring that your use of our Services is lawful, ethical, and fully compliant with these Terms, as well as any other applicable rules or guidelines provided by ECJ GROWTH. You agree to use our Services solely for legitimate business purposes related to the operation, management, and growth of your business. ECJ GROWTH reserves the right to restrict or terminate your access to the Services if we believe that your conduct, or that of your representatives, violates these Terms, is detrimental to ECJ GROWTH, or harms other clients.
- ECJ GROWTH reserves the right to modify, suspend, or discontinue, temporarily or permanently, any aspect of the Services, including features, functionalities, or portions thereof, at any time and without prior notice. You acknowledge and agree that ECJ GROWTH shall not be liable for any modification, suspension, or discontinuance of the Services, or any part thereof. While ECJ GROWTH strives to provide reliable Services, we do not guarantee that access to or use of our Services will be available at all times or will be uninterrupted.
- You agree not to reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Services, nor will you take any measures to interfere with or damage the Services or any related systems. All rights not expressly granted to you by ECJ GROWTH under these Terms are reserved. Any unauthorized use of the Services will result in immediate termination of your access and may subject you to further legal action.
- You are responsible for any content, data, or materials that you, or your authorized representatives, upload, post, or transmit through the Services ("Business Content"). You represent and warrant that your business owns or has the necessary rights and permissions to use, share, and distribute the Business Content in connection with the Services. ECJ GROWTH does not assume responsibility or liability for any Business Content.
- ECJ GROWTH reserves the right, but is not obligated, to review and remove any Business Content that violates these Terms, is deemed inappropriate, or could potentially harm ECJ GROWTH’s reputation, at our sole discretion. By using the Services, you consent to the possible review and removal of Business Content for any reason we see fit.
- User Content and Services.
- ECJ GROWTH provides a variety of Services designed to meet the diverse needs of businesses. However, not all Services, features, or functionalities may be available to all clients at all times, and we are not obligated to offer any specific Services or features in any particular jurisdiction. Except where prohibited by these Terms or applicable law, ECJ GROWTH reserves the right to modify, suspend, or discontinue the Services, or any part thereof, at any time and for any reason, without prior notice. Your continued use of the Services following any modifications constitutes your acceptance of such changes.
- ECJ GROWTH does not pre-screen content provided by clients and maintains the sole discretion to reject, modify, or remove any content from any part of the Services if, in our sole judgment, we determine that the products, services, or content you offer through our Services violate our acceptable use policy, these Terms of Service, or could potentially harm our reputation or the integrity of the Services.
- We expect all clients and their representatives to engage with ECJ GROWTH’s team members and other clients respectfully. Any form of verbal or written abuse, including threats, harassment, or intimidation directed towards any ECJ GROWTH employee, member, or officer, will result in the immediate termination of your account and access to the Services, without any liability to ECJ GROWTH.
- ECJ GROWTH reserves the right to offer its Services to multiple businesses, including your competitors. We do not guarantee exclusivity in any market or industry. You acknowledge and agree that ECJ GROWTH’s employees, contractors, or other clients may also use our Services and may compete with your business, provided they do not use your Confidential Information in doing so.
- In the event of a dispute concerning the ownership of an ECJ GROWTH Account, we reserve the right to request documentation to ascertain or confirm the rightful account owner. Such documentation may include, but is not limited to, a scanned copy of your business registration, a government-issued photo ID, the last four digits of the credit card on file, or verification of your status as an employee or representative of the business entity.
- ECJ GROWTH reserves the right, in our sole discretion, to determine the rightful owner of an Account and to transfer the Account to that party. If we are unable to reasonably determine the rightful account holder, ECJ GROWTH reserves the right to temporarily suspend or disable the Account until a resolution is reached between the disputing parties, without prejudice to our other rights and remedies.
- User Responsibilities.
- As a client of ECJ GROWTH, you acknowledge and agree that our Services are designed to enhance your business operations but do not constitute a marketplace or sales platform in themselves. Any contracts, transactions, or engagements facilitated through your use of the Services are solely between your business and the third party (including customers, suppliers, or partners). You are fully responsible for the creation, management, and operation of your business, including any online portals, content, products, services, and all related transactions. This responsibility includes handling customer service, compliance with legal and regulatory requirements, and ensuring that all information you provide through the Services is accurate and lawful.
- Your responsibilities extend to all aspects of your business operations, including the authorization of transactions, management of customer interactions, processing of payments, handling of refunds and returns, and compliance with all applicable legal and regulatory requirements. You warrant that your business practices, including the content, products, and services you offer through the Services, will be truthful, accurate, and compliant with all applicable laws and regulations, including but not limited to consumer protection laws, data privacy regulations, and intellectual property rights. ECJ GROWTH shall not be held liable for any transactions, legal claims, or disputes arising from your business operations, nor for any actions taken by you or your representatives that violate these Terms.
- For the avoidance of doubt, ECJ GROWTH is not the seller or merchant of record for any transactions conducted through your business. We do not own, manage, or control the goods or services you offer, and therefore, ECJ GROWTH shall have no responsibility or liability for any transactions between you and your customers, partners, or other third parties.
- You are solely responsible for ensuring that your business operations, including the use of ECJ GROWTH’s Services, comply with all applicable laws, regulations, and industry standards. This includes, but is not limited to, compliance with data protection laws, consumer protection regulations, and any local, national, or international laws relevant to your business activities. You may not use ECJ GROWTH’s Services for any illegal, unauthorized, or unethical purposes, nor may you violate any laws in your jurisdiction, the jurisdiction of your customers, or any other applicable jurisdictions. Any use of deceptive, fraudulent, or misleading practices in connection with your business operations will result in the immediate termination of your access to the Services and may subject you to further legal action.
- Intellectual Property and Additional Responsibilities.
- ECJ GROWTH reserves the right to investigate any content or activity that we, in our sole discretion, believe may violate these Terms or applicable laws. This includes, but is not limited to, the right to take appropriate legal action against any individual or business entity that violates these provisions. Actions may include, without limitation, the removal of content, suspension or termination of the account, and reporting of such activities to the appropriate law enforcement authorities.
- The following activities are strictly prohibited when using ECJ GROWTH’s Services:
- Uploading, posting, or transmitting any content that infringes on the intellectual property rights or other proprietary rights of any third party.
- Introducing software viruses, malware, or any other harmful computer code, files, or programs that are designed to interrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment.
- Engaging in activities that pose or create privacy or security risks to any person or entity.
- Uploading or distributing content that is objectionable, defamatory, or otherwise restricts or inhibits any other person or entity from using or enjoying the Services.
- Interfering with or disrupting the Services, servers, or networks connected to the Services, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Services.
- Violating any applicable local, state, national, or international law, or any regulations having the force of law.
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- Harvesting or collecting email addresses or other contact information from other users of the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
- Furthering or promoting any criminal activity or enterprise, or providing instructional information about illegal activities.
- Attempting to gain unauthorized access to any materials or information through any means not intentionally made available or provided for through the Services.
- All content, materials, and information presented to you as a result of using ECJ GROWTH’s Services are protected by copyright, trademark, and other intellectual property laws. You acknowledge that these rights are owned by ECJ GROWTH or its licensors, and you agree not to reproduce, redistribute, or create derivative works based on the content provided, except as expressly permitted by ECJ GROWTH or applicable law.
- Unless expressly authorized in writing by ECJ GROWTH, you agree not to use the Services for any commercial purposes other than the legitimate business purposes for which the Services were intended. This includes, but is not limited to, the prohibition of displaying, distributing, licensing, performing, publishing, reproducing, duplicating, copying, creating derivative works from, modifying, selling, reselling, exploiting, or transferring any portion of the Services for commercial gain. The Services are intended solely for the internal business use of your entity and not for external commercial exploitation.
- ECJ GROWTH is committed to protecting the intellectual property rights of others. If you believe that any content available on our platform infringes your copyright, you are required to notify ECJ GROWTH’s appointed Copyright Agent at either copyright@ecjgrowth.com or support@ecjgrowth.com. Your notice must include:
- A declaration in good faith that the contested material is being used in a manner not authorized by the copyright owner, its agent, or the law.
- A statement made under penalty of perjury that the information provided in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the copyright owner.
- An original or electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner.
- In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, ECJ GROWTH has a strict policy against infringers. We reserve the right, in our sole discretion, to terminate or suspend the accounts of users who are found to repeatedly infringe on the intellectual property rights of others. ECJ GROWTH may also restrict access to the Services and/or terminate memberships for any users who infringe upon these rights, regardless of the frequency of such infringement.
- Third-Party Links and Services.
- As part of ECJ GROWTH’s Services, we may provide links to third-party websites, services, or resources, including but not limited to payment processing, financing, marketing, or ad copy services. These third-party services are provided solely as a convenience to you, and their inclusion does not imply endorsement, approval, or recommendation by ECJ GROWTH. You acknowledge and agree that the use of any third-party services is entirely at your own risk.
- ECJ GROWTH does not have control over the content, functionality, or practices of any third-party services or websites. We do not assume any responsibility or liability for any issues that may arise from your use of third-party services, including but not limited to problems related to payment processing, financing arrangements, marketing strategies, or ad copy creation. Any contracts, transactions, or engagements with third-party service providers are strictly between you and the third party, and ECJ GROWTH shall not be liable for any damages, losses, or disputes arising from such interactions.
- If you choose to engage third-party payment processors or financing services recommended or linked through ECJ GROWTH’s platform, you acknowledge that ECJ GROWTH is not a party to any agreements or arrangements made between you and these third-party providers. ECJ GROWTH will not be responsible for any payment failures, processing errors, financing issues, or any other problems that may occur in relation to these third-party services.
- ECJ GROWTH may provide links or recommendations for third-party marketing or ad copy services. While these services are intended to assist in the promotion of your business, ECJ GROWTH does not guarantee the effectiveness, accuracy, or compliance of any marketing or advertising content produced by third parties. You are solely responsible for ensuring that any marketing or ad copy complies with applicable laws, regulations, and industry standards. ECJ GROWTH shall not be held liable for any legal or financial repercussions resulting from the use of third-party marketing or ad copy services.
- You are strongly encouraged to independently evaluate and conduct due diligence on any third-party services before engaging them. ECJ GROWTH does not provide warranties or guarantees for third-party services and will not be liable for any outcomes resulting from your use of these services.
- Any disputes, claims, or issues that arise from your use of third-party services must be resolved directly between you and the third-party provider. ECJ GROWTH disclaims all liability in relation to any such disputes and will not intervene or mediate on your behalf.
- Terms and Termination.
- The duration of the Services provided by ECJ GROWTH will be governed by the specific terms outlined in the contractual agreement between you and ECJ GROWTH. These terms may be defined in the applicable order form, through communications with an ECJ GROWTH representative, or any other mutually agreed-upon terms. In the absence of a specified time duration in the agreement, the Services provided by ECJ GROWTH will be considered ongoing until terminated by either party in accordance with these Terms.
- ECJ GROWTH reserves the right to terminate the Services or suspend your account at any time, with or without cause, at our sole discretion. Reasons for termination or account suspension may include, but are not limited to, violation of these Terms, non-payment of fees, or any other conduct deemed inappropriate or harmful to ECJ GROWTH or its clients. In the event of termination or account suspension, ECJ GROWTH may provide you with notice unless immediate termination is necessary due to legal, security, or operational considerations. Upon termination or account suspension, you may lose access to the Services and any data associated with your account.
- Fees, Payment, and Profit Sharing.
- By entering into a Services Agreement with ECJ GROWTH, you agree to pay the specified fixed fee, which is due upfront. This fee must be paid in full before ECJ GROWTH commences the Services. You are required to provide accurate payment information and ensure that you are authorized to use the payment method provided. You agree to promptly update your account information with any changes and authorize ECJ GROWTH to automatically charge the payment method on file for any charges when they become due.
- You are responsible for paying the fees corresponding to your plan for ECJ GROWTH’s Services, as well as any additional fees such as transaction fees. A valid payment method must be kept on file to cover all incurred and recurring fees. ECJ GROWTH will continue to charge the Authorized Payment Method for applicable fees until all outstanding amounts are fully paid. Payments will be made in U.S. currency, and you may be required to sign a Credit Card Authorization Form. The terms of this form will govern payment processing.
- All fees for our Services must be paid in advance before the commencement of any Services. ECJ GROWTH operates on a prepayment basis to ensure that resources are allocated effectively and that Services are delivered promptly.
- As part of your agreement with ECJ GROWTH, you agree to pay us a percentage of the Revenue generated from the Services (“Revenue Allocation”) for as long as your business remains active. This provision will survive the termination of the agreement, entitling ECJ GROWTH to the Profit Allocation for a period of six (6) months following the termination date.
- If ECJ GROWTH is unable to process payment within three (3) days of the first attempt, your account will be subject to late fees amounting to one percent (1%) of the principal amount due for every day past the three-day grace period.
- All fees are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for the payment of all applicable taxes, duties, and charges that arise from your use of the Services, excluding only U.S. federal, state, or local taxes.
- You are solely responsible for all aspects of transactions between your business and your customers. ECJ GROWTH does not act as a marketplace and is not liable for any sales transactions. All contracts of sale made through the Services are directly between you and the customer.
- All payments made to ECJ GROWTH are final. Due to the immediate allocation of resources and the nature of our business, refunds will not be provided once payment has been processed and Services have commenced. By engaging in our Services, you acknowledge and accept this no-refund policy.
- Licensing of Contractors to Clients.
- As part of ECJ GROWTH’s Services, we may license contractors, including but not limited to sales closers, setters, marketing professionals, and other specialists, to work with your business. These contractors are provided to assist you in achieving your business objectives; however, they remain independent contractors licensed by ECJ GROWTH and are not employees of your company. While these contractors are made available to support your business, ECJ GROWTH does not guarantee the success or outcomes of their work.
- During the term of this Agreement and for a period of one (1) year following its termination, you agree not to directly or indirectly solicit, recruit, or hire any contractor provided by ECJ GROWTH to terminate their relationship with ECJ GROWTH or to work for you or any other entity without the prior written consent of ECJ GROWTH. This non-solicitation clause is critical to protecting ECJ GROWTH’s business interests and maintaining the integrity of our contractor relationships.
- ECJ GROWTH provides contractors to assist in the execution of your business strategies and operations. However, you acknowledge and agree that:
- ECJ GROWTH provides contractors as part of its Services but does not assume responsibility for the actions, performance, or outcomes of these individuals. The contractors are independent entities, and their effectiveness in your business operations is contingent on various factors beyond ECJ GROWTH’s control. ECJ GROWTH shall not be held liable for any issues, disputes, or claims arising from the work performed by these contractors.
- ECJ GROWTH does not guarantee any specific results or success from the use of contractors licensed to your business. The success of your business operations depends on a variety of factors, including your management, market conditions, and the implementation of strategies. ECJ GROWTH disclaims any warranties, express or implied, regarding the performance of contractors provided under this Agreement.
- You agree to use the contractors provided by ECJ GROWTH solely for the purposes outlined in this Agreement and in accordance with ECJ GROWTH’s guidelines and policies. Any unauthorized use of these contractors, including but not limited to assigning them tasks outside the agreed scope of work or engaging them in activities that violate ECJ GROWTH’s terms, will result in immediate termination of the Services and potential legal action.During the term of this Agreement and for one (1) year following its termination, you agree not to solicit or attempt to solicit any employee, contractor, or consultant of ECJ GROWTH to terminate their relationship with ECJ GROWTH or to work for you or any other entity without ECJ GROWTH’s prior written consent. You also agree not to solicit or attempt to solicit business from any customer or client of ECJ GROWTH with whom you had contact during the term of this Agreement, for the purpose of providing services that are competitive with those offered by ECJ GROWTH. You acknowledge that any violation of these non-solicitation obligations would cause substantial harm to ECJ GROWTH, for which damages would be inadequate. Therefore, ECJ GROWTH shall be entitled to seek injunctive relief in addition to any other legal remedies available. You acknowledge that any violation of these non-solicitation obligations would cause substantial harm to ECJ GROWTH, for which damages would be inadequate. Therefore, in addition to any other legal remedies available, ECJ GROWTH shall be entitled to seek injunctive relief to prevent or stop any violation. Additionally, you agree to pay ECJ GROWTH monetary damages equal to five times (5x) the total amount paid to ECJ GROWTH by you in the preceding six (6) months if you breach this non-solicitation clause. This monetary damages provision is intended to compensate ECJ GROWTH for the substantial harm caused by such a breach.
- You agree to indemnify, defend, and hold harmless ECJ GROWTH from any claims, liabilities, damages, or losses arising from or related to the actions or omissions of contractors provided under this Agreement. This includes, but is not limited to, any legal disputes, regulatory compliance issues, or financial losses that may result from the work performed by these contractors.
- The provision of contractors to your business does not create any employment relationship between you and the contractors. The contractors remain independent service providers licensed through ECJ GROWTH. You acknowledge that ECJ GROWTH is not responsible for managing, supervising, or directing the day-to-day activities of these contractors once they are engaged with your business.
- Performance and Responsibility.
- By engaging ECJ GROWTH’s Services, you acknowledge that ECJ GROWTH acts as a partner in the growth of your business. However, the success and outcomes of your business operations ultimately depend on your efforts and decisions. ECJ GROWTH does not guarantee specific results and is not responsible for the financial outcomes of your business.
- You acknowledge that creating and managing a successful business requires dedication, effort, and ongoing commitment. ECJ GROWTH’s role is to support and facilitate your business growth, but the ultimate responsibility for success lies with you. By engaging ECJ GROWTH’s Services, you assume all risks associated with your business operations, including market conditions, customer demand, and competition.
- ECJ GROWTH does not guarantee success or financial performance for your business. Once payment is made for our Services, no refunds will be provided based on the performance or lack thereof of your business.
- Indemnification and Limitation on Liability.
- YOU AGREE THAT ECJ GROWTH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE. IN NO EVENT WILL ECJ GROWTH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU HAVE PAID ECJ GROWTH IN THE LAST SIX (6) MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
- To the fullest extent allowed by law, you agree to indemnify, defend, and hold harmless ECJ GROWTH, its officers, employees, directors, and agents from any losses, damages, costs, and expenses, including reasonable attorney’s fees, arising from or related to your use of the Services.
- ECJ GROWTH does not endorse or recommend any third-party service providers. Decisions to use third-party services are made at your discretion and are not influenced by ECJ GROWTH.
- You are advised to conduct due diligence when selecting and engaging with third-party service providers. ECJ GROWTH is not responsible for any outcomes, liabilities, or obligations arising from your interactions with third-party services. ECJ GROWTH may provide links to external websites and resources, but does not control or endorse them. You agree that ECJ GROWTH will not be held responsible for any damages or losses arising from your use of external sites or resources.
- General Terms.
- Entire Agreement. These Terms of Service, along with any documents incorporated by reference, constitute the entire agreement between you and ECJ GROWTH and supersede any prior agreements. Any changes or modifications to these Terms must be made in writing and signed by both parties.
- Waiver of Rights. ECJ GROWTH’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Assignment. ECJ GROWTH reserves the right to assign its rights and obligations under these Terms to any affiliate, partner, or third party without further notice or consent. You may not assign or transfer your rights or obligations under these Terms without ECJ GROWTH’s prior written consent.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- Arbitration and Governing Law. Any disputes arising out of or related to this Agreement shall be resolved by binding arbitration conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in Miami, Florida. You agree that any arbitration proceedings will be conducted on an individual basis and not as a class action. This Agreement shall be governed by the laws of the State of Florida.
- Jurisdiction. For any disputes not subject to arbitration, the exclusive jurisdiction shall be the state and federal courts located in Miami, Florida. Any claim arising out of these Terms must be filed within one (1) year of its occurrence or be forever barred.
- Contact Information. If you have any questions regarding these Terms, please contact us at support@jacoblevinrad.com.