ECOMJACOB TERMS OF SERVICE
IG Viral Media, LLC, doing business as ECOMJACOB (“ECOMJACOB,” “we,” “us,” “our”) provides its services, which include but are not limited to online education-based services, website and e-store construction, product sourcing assistance, and ongoing store maintenance, through its websites, social media accounts, and its platform (collectively, such services, including any new features and applications, and the site, are referred to as the "Service(s)"). The Services are provided to you subject to the following Terms of Service (the “Terms of Service”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.
1. Access to the Services.
- By using the Services (referred to as "Services"), you agree, on behalf of yourself and all members of your household and others who use any Service under your ECOMJACOB Account (referred to as "Account"), to the following conditions. Please read these conditions carefully.
- We offer a wide range of ECOMJACOB Services, and sometimes additional terms may apply. When you use an ECOMJACOB Service (for example, Educational Courses, Premium E-Store Construction Services, Business Consulting, or ECOMJACOB applications) you may also be subject to the guidelines, terms, and agreements applicable to that specific Service ("Service Terms'').
2. 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.
4. Service Eligibility and Registration.
- Eligibility. To be eligible to use the Services, you must be at least 18 years old, or the age of majority in your jurisdiction, whichever is older. By using the Services, you confirm that you meet this age requirement.
- Registration. You may be required to register for an Account to access certain Services. In doing so, you agree to provide accurate, current, and complete information about yourself. You are responsible for safeguarding your ECOMJACOB Account login credentials. You agree not to disclose your password to any third party, and you will be solely responsible for any activities or actions under your ECOMJACOB Account, whether or not you have authorized such activities or actions.
- User Responsibilities. You are responsible for your own conduct while accessing or using our Services. You agree to use our Services only for purposes that are legal, ethical, and in accordance with these Terms and any other applicable rules or guidelines provided by us. We reserve the right to restrict or terminate your access to the Services if we believe that your conduct violates these Terms.
- Service Changes and Availability. ECOMJACOB reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions thereof, without prior notice. You agree that ECOMJACOB will not be liable for any modification, suspension, or discontinuance of the Services, or any part thereof. While we strive to provide reliable Services, we do not guarantee that access to or use of our Services will be available at all times or be uninterrupted.
- Restrictions on Use. 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. All rights not expressly granted by ECOMJACOB in these Terms are reserved.
- User Content. You are responsible for any content that you upload, post, or transmit through the Services ("User Content"). You represent and warrant that you own or have the necessary rights to use and share your User Content. ECOMJACOB is not responsible or liable for any User Content.
- Removal of User Content. Please note that ECOMJACOB has the right, but not the obligation, to review and remove any User Content that violates these Terms, as determined by ECOMJACOB in its sole discretion. By using the Services, you agree to the possible review and removal of User Content for any reason.
5. User Content and Services.
- Service Availability. ECOMJACOB's Services encompass a variety of features and functionalities. However, not all Services or features will be always accessible to all users, and we are not obligated to make any Services or features available in any particular jurisdiction. Except where prohibited by these Terms or applicable law, ECOMJACOB reserves the right to modify the Services, or any part thereof, for any reason, without prior notification and at any time.
- Content Moderation. ECOMJACOB does not pre-screen content and maintains the sole discretion to reject or remove any content from any part of the Services if we determine, at our sole discretion, that the products or services that we and/or you offer through the Services, or the content uploaded or posted to the Services, violate our acceptable use policy or these Terms of Service.
- Respectful Conduct. Any form of verbal or written abuse (including threats of abuse or retribution) directed towards any ECOMJACOB employee, member, or officer will result in immediate account termination.
- Non-Exclusivity. We reserve the right to offer our Services to your competitors and do not guarantee exclusivity. You acknowledge and agree that ECOMJACOB's employees and contractors may also be ECOMJACOB customers or users and that they may compete with you, provided they do not use your Confidential Information in doing so.
- Account Ownership Disputes. In the event of a dispute concerning Account ownership, we reserve the right to request documentation to ascertain or confirm Account ownership. Such documentation may include, but is not limited to, a scanned copy of your business or driver's license, a government-issued photo ID, the last four digits of the credit card on file, or verification of your status as an employee of an entity.
- Rightful Account Ownership. ECOMJACOB reserves the right, in our sole discretion, to determine rightful Account ownership and transfer an Account to the rightful account holder. If we are unable to reasonably determine the rightful account holder, ECOMJACOB reserves the right, without prejudice to our other rights and remedies, to temporarily suspend or disable an Account until resolution has been achieved between the disputing parties.
6. User Responsibilities.
- User Obligations. You acknowledge and agree that the Services are not a marketplace, nor do we promote any specific e-store and/or marketplace. Any contract of sale made through an e-store is directly between you and the end consumer. As the seller of record for all items you sell through the Services, you are responsible for the creation and operation of your e-store, account, portal, your content, the goods and services that you may sell through the Services, and all aspects of the transactions between you and your customer(s).
- User Liabilities. This responsibility extends to authorizing the charge to the customer concerning the customer's purchase, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or your breach of these Terms of Service. You warrant that your portal, your content, and the goods and services you sell through the Services will be true, accurate, and complete, and will not violate any applicable laws, regulations, or rights of third parties.
For the avoidance of doubt, ECOMJACOB will not be the seller or merchant of record for any e-store and therefore will have no responsibility for your e-store or portal or items sold to customers. ECOMJACOB, under no circumstances, shall be liable for transactions between you and the end purchaser.
- Compliance with applicable law. You are solely responsible for the goods or services that you may sell through the Services, including compliance with any applicable laws or regulations. You may not use ECOMJACOB Services for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction, the laws applicable to you in your customer's jurisdiction, or any international laws. You will comply with all applicable laws, rules, and regulations in your use of the Service and your performance of obligations under these Terms of Service. This compliance obligation includes using deceptive practices in order to sell products through your e-store.
7. Intellectual Property and Additional Responsibilities.
- Investigate User Content. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing content, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
The following conduct is prohibited:
- Uploading any content that infringes any intellectual property or other proprietary rights of any party; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; poses or creates a privacy or security risk to any person; or is objectionable or which restricts or inhibits any other person from using or enjoying the Services.
- Interfering with or disrupting the Services or 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; or impersonating any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Harvesting or collecting email addresses or other contact information of other users from 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; or obtaining or attempting to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
- Intellectual Property Notice. All information presented to you as a result of using the services is subject to copyright, trademark, and intellectual property law.
- Commercial Use. Unless otherwise expressly authorized herein or by ECOMJACOB in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. The Services are for your non-commercial, personal use only.
- Addressing Copyright Violations:
- ECOMJACOB prioritizes safeguarding the intellectual property rights of others. Should you sincerely believe that any content available on our platforms infringes your copyright, kindly send the subsequent information to ECOMJACOB's Appointed Copyright Agent at firstname.lastname@example.org or email@example.com.
- Please include a declaration by you, stating in good faith that the utilization of the material in the contested manner is not permitted by the copyright owner, its agent, or the law, or otherwise, a formal statement by you, under penalty of perjury, confirming that the details in your complaint are accurate, and that you are the copyright owner or are permitted to act on behalf of the copyright owner;
- An original or electronic signature of the copyright owner or the person permitted to act on behalf of the owner of the copyright.
- Policy Against Intellectual Property Infringers. In line with the Digital Millennium Copyright Act (DMCA) and other relevant laws, ECOMJACOB has instituted a policy of ending, under appropriate circumstances and solely at ECOMJACOB’s discretion, the accounts of users found to be infringers. ECOMJACOB may also restrict access to the Service and/or conclude the memberships of any users who infringe any intellectual property rights of others, irrespective of the presence or absence of repeated infringement.
8. Terms and Termination.
- Duration of Services. The duration of services provided by ECOMJACOB are determined based on the specific contractual agreement between you and ECOMJACOB. The applicable order form, communications with ECOMJACOB representative, or any other mutually agreed-upon terms shall govern the duration of the services. In the absence of a specified time duration in the agreement, the services provided by ECOMJACOB will be considered ongoing.
- ECOMJACOB’s Right to Suspend or Terminate Services. ECOMJACOB reserves the right to terminate the services or suspend your account at any time, with or without cause, in its sole discretion. Reasons for termination or account suspension may include but are not limited to a violation of the terms of service, non-payment of fees, or any other conduct deemed inappropriate or harmful to ECOMJACOB or its clients. In the event of termination or account suspension, you may be provided 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.
9. Fees, Payment, and Subscription.
- Fees and Subscription. You may be required to select a payment plan, or a one-time fee, and provide ECOMJACOB information regarding your credit card or other payment instrument. You represent and warrant to ECOMJACOB that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes. You agree to pay ECOMJACOB the amount specified in the payment plan (as well as any applicable taxes) in accordance with the terms of such plan and these Terms of Service.
- If you select a Service with an auto-renewal feature (“Recurring Subscription”), you authorize ECOMJACOB to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you.
- Recurring Subscriptions. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us.
- Payment. You are responsible for paying the fees corresponding to your access or subscription for ECOMJACOB Services, and any other applicable fees, such as transaction fees related to the purchase. As stated above, you must have a valid payment method on file with us to cover all incurred and recurring Fees. ECOMJACOB will charge the Fees to any payment method you authorize ("Authorized Payment Method"), and ECOMJACOB will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees are fully paid. All payments will be in U.S. currency. You may be required to sign a Credit Card Authorization Form, and if requested and signed, the terms of the Credit Card Authorization Form will govern.
- Payment Terms. As a client of ECOMJACOB, you agree to comply with our payment terms. All fees for our services, including but not limited to course access, e-store construction, or otherwise any services provided will need to be paid prior to the commencement of any services.
- Prepayment Provision. ECOMJACOB operates on a prepayment basis for most, if not all, services. This means that full payment of all agreed fees is required in advance of the provision of any services. Access to our services will only be provided once we have received full payment. This allows us to effectively manage resources and schedule services in a way that ensures optimal delivery and customer satisfaction.
- Payment Failure and Account Suspension. We may attempt to process payment using any Authorized Payment Method. If we are unable to successfully process payment of Fees within three (3) days of our first attempt, we may suspend and revoke access to your account and the Services, if previously provided access. Your Account will be reactivated upon payment of any outstanding Fees, plus the Fees applicable to your next billing cycle.
- Taxes. All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal, state, or local) taxes. You are responsible for determining, collecting, withholding, reporting, and remitting applicable taxes, duties, fees, surcharges and additional charges that arise from or as a result of any sale on your store or your use of the Services. Please note that customers are solely responsible for any applicable taxes that may arise from their use of the e-store, and we shall not be held liable for any unpaid taxes.
- Responsibility for Sales Transactions. You are solely responsible for all aspects of the transactions between you and your customer(s). The Services are not a marketplace. Any contract of sale made through the Services is directly between you and the customer.
- NO REFUND POLICY. Please see our Chargeback and Refund Policy here.
- No Refunds. In line with our commitment to customer satisfaction, we regret to inform you that ECOMJACOB does not provide refunds. All purchases of services from ECOMJACOB are final. Please see our REFUND POLICY for more information.
- Upon contract execution, our team promptly allocates resources to initiate and deliver the agreed-upon services to you. Due to the immediate allocation of resources and the nature of our business, refunds cannot be granted once the contract is in effect.
- We highly recommend carefully reviewing the terms, services, and deliverables outlined in the contract before proceeding with the agreement. Should you have any questions or concerns regarding the services provided, our team will be more than happy to address them and work towards a satisfactory resolution.
- By engaging in our services and signing the contract, you acknowledge and accept our policy of no refunds once the allocation of resources has commenced.
10. Performance and Responsibility
- Acknowledgement. By engaging the services of ECOMJACOB, you acknowledge and agree to the following:
- ECOMJACOB provides you with knowledge, tools, and resources to create and customize your e-store. However, the success and outcomes of your store ultimately depend on your own efforts and decisions. ECOMJACOB does not guarantee any specific results or satisfactory options regarding the performance or outcomes of your store.
- Creating a successful online store requires dedication, hard work, and ongoing effort on your part. ECOMJACOB's services are aimed at supporting and facilitating your store build-out, but the ultimate responsibility for its success lies with you. ECOMJACOB does not assume responsibility for the level of success or lack thereof achieved by your store.
- By engaging ECOMJACOB's services, you assume all risks associated with your store build-out. This includes, but is not limited to, market conditions, customer demand, competition, and other factors that may impact the performance and profitability of your store.
- By purchasing ECOMJACOB services, you acknowledge and agree that building a successful e-store entails substantial effort, risk, and investment of both time and money. It is important to understand that there is no guarantee of success.
- You further acknowledge that learning the ECOMJACOB information and effectively applying the insights to your own e-store requires a significant amount of risk. As such, you acknowledge that ECOMJACOB is not responsible for any lack of success you may experience.
- Once payment is made for ECOMJACOB's services, refunds will not be provided due to or based on the performance or lack thereof of your store. ECOMJACOB is not responsible for the financial outcomes, sales, or any other results of your store. As stated, you understand that you are investing in yourself and assuming the associated risks.
By proceeding with the engagement of ECOMJACOB's services, you acknowledge and accept these terms regarding store performance, refunds, and assume full responsibility for the outcomes and results of your online store.
11. Indemnification and Limitation on Liability.
- Limitation on Liability.
- YOU UNAMBIGUOUSLY ACKNOWLEDGE AND CONSENT THAT ECOMJACOB WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ECOMJACOB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL ECOMJACOB’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID ECOMJACOB IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
- Under the maximum scope allowed by law, you consent to discharge, safeguard, and render ECOMJACOB and their officials, workers, directors, and representatives harmless from any and all deficits, damages, charges, encompassing reasonable lawyer's fees, rights, lawsuits, actions of any type, and harm (including death) resulting from or connected to your use of the Service. If you are a resident of California, you relinquish California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you reside in a different jurisdiction, you relinquish any analogous statute or principle.
- Renouncement of Representations and Warranties.
- THE SERVICE IS AT YOUR SOLE RISK AND PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS EXPRESSLY DECLARED OTHERWISE HEREIN, ECOMJACOB EXPRESSLY REFUTES ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR LEGISLATIVE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF SALEABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- ECOMJACOB PROVIDES NO GUARANTEE THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE CONTINUOUS, PROMPT, SECURE, OR FREE OF ERRORS, (III) THE RESULTS ACQUIRED FROM THE UTILIZATION OF THE SERVICE WILL BE PRECISE OR DEPENDABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL BOUGHT OR ACQUIRED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
- External Sites and Resources. Our Service may incorporate, or there may be instances where third parties incorporate, links or other methods of access to various websites and online resources that exist beyond the purview of ECOMJACOB. ECOMJACOB doesn't exert control over such external websites and resources and does not vouch for them. You understand and accept that ECOMJACOB will not be held accountable for any direct or indirect damages or losses alleged to be the result of using or relying on any content, events, products, or services accessible on or through any such external site or resource. Interactions you engage in with third parties discovered while using our Service are strictly between you and the third party. You agree that ECOMJACOB will not be held liable for any losses or claims that you might have against any such third party.
12. General Terms.
- These Terms of Service, along with documents incorporated by reference, form the comprehensive agreement between you and ECOMJACOB that guides your use of our Services and your account. This agreement supersedes any prior arrangements between you and ECOMJACOB, including previous versions of the Terms of Service.
- ECOMJACOB's failure to enforce or exercise any right or provision of these Terms will not imply a waiver of such right or provision. If any provision within these Terms, including all conditions and documents it incorporates by reference, is deemed unlawful by a court of competent jurisdiction, the provision will be modified to achieve the objectives of the original provision to the fullest extent allowed by law. The remaining provisions will continue in full force.
- Apart from ECOMJACOB and its affiliates, no person or entity who is not party to these Terms will have any right to enforce any of its terms, unless expressly stated within these Terms. The governing law for these Terms will be the laws of Florida and the laws of the United States applicable therein, regardless of conflict of laws principles.
- These Terms will apply to and benefit both parties, as well as their respective heirs, successors, permitted assigns, and legal representatives. ECOMJACOB reserves the right to assign these Terms without your consent or notification. You may not assign or transfer your rights or obligations under these Terms to any third party without ECOMJACOB's prior written consent.
- On termination, all corresponding rights and obligations under these Terms cease immediately. However, you will remain liable for obligations connected to transactions entered into before termination, any liabilities accrued prior or as a result of termination, and certain sections of these Terms will survive termination.
- ECOMJACOB may assign all contractual rights and obligations under these Terms to any affiliate, partner, or third party at its sole discretion, without further consent or notification. Most communications between ECOMJACOB and you will be electronic, satisfying any legal requirements for written communication.
- If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
- Any disputes or claims not subject to arbitration, as per the applicable Terms, will be resolved exclusively within the jurisdiction of Miami, Florida. You agree that any claim arising out of these Terms must be filed within one (1) year of its occurrence or be forever barred. You may not assign these Terms without ECOMJACOB's prior written consent. We will not be held responsible for any delay or failure in performance due to circumstances beyond our control.
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