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eCommerceFuel Terms & Conditions

Last Updated: August 11, 2020

Give As Much as You Take (Our #1 Rule)

“Give as much (if not more) than you take” is the biggest rule in our community. This is what makes our community sustainable with our limited numbers, and we enforce this policy strictly.

Problems occur if members post too many discussions asking for help relative to the feedback they provide others. For most discussions posted multiple people end up taking the time to reply. So please make sure to help much more frequently than you post “help needed” questions.

Participating is a Membership Requirement

Our Community is capped at 1,000 members to maintain intimacy, a level of confidentiality and ensure all members are contributing to the discussion. Members who seldom or never participate are at risk of having their accounts cancelled to make room for someone on our waiting list who is willing to be engaged.

We don’t lay out an exact formula or set of metrics we use to make these participation requirement decisions. There are too many variable and unique aspects to each member’s situation. We’ll look at each member on a case-by-case basis and do our best to look at both online and offline involvement.

That being said, here are some general guidelines to work from so you know roughly the level of involvement that is required:

Sitting Pretty

You post weekly, sometimes daily. Just about everyone in the forum recognizes your name. While we would love if everyone was this engaged, we realize that’s not possible and we are NOT expecting everyone to turn into a forum superstar overnight.

No Need to Worry

You have a history of commenting at least 2-3 times a month with helpful contributions for others. You’ve reviewed your software stack and maybe even made it to a meetup or two. Your membership is not at risk.

At-Risk of Losing Membership

If you haven’t commented in 3 months or more and don’t have a track record of being previously engaged in the Community (i.e., lifetime comment count of 2), you are definitely at risk of having your account closed to make room for someone new.

 

Quality Metrics and Account Restrictions

We occasionally have to make hard decisions about some of the above guidelines related to quality, ensuring reciprocity, etc, that result in an account being restricted. We make these difficult decisions to ensure a healthy, vibrant and balanced Community.

We don’t disclose the exact ways we make decisions or calculate these metrics, but the decisions are made based on a combination of metrics as well as manual review. We look largely at:

  • Number and frequency of discussions posted asking for help
  • Helpful comments and thoughts left on other’s threads (or lack thereof)
  • Reviews left in the service provider and software directories
  • Engaging in the Community offline (hosting meetups, reputation helping other members via PM, etc)

If your account ever becomes restricted, you’ll need to demonstrate a long-term commitment to contributing back to the Community (see above) to have your ability to post new discussions reinstated. It may take time, but this is the only way to restore your account to full privileges.

Qualifying Business Information

Displaying a legitimate, qualifying business in your profile is required.  A qualifying business means that you are either an eCommerce store owner, are associated with an eCommerce store or have a seller account on Amazon.   If you sell on Amazon, you must provide the URL of your Amazon Seller’s page.

Required Profile Information

All members are required to use their real names and a current head-shot photo for their profile picture.  Avatars, illustrations, pet photos, etc. are not permitted and will result in your account being cancelled.

Self-Promotion

Absolutely no self-promotion of your goods or services via post or Private Message (PM). These types of posts will be immediately removed and may be grounds for removal from the community. The one possible exception to this rule is members with a long track record of contributions who clear their post with ECF admins first for occasional highly-relevant offers. If you’re a grandfathered service provider, the best way to gain attention and clients is by providing insightful comments on existing threads in your area of expertise.

Affiliate Links

You are welcome to share links to third-party services, software, providers, etc. but please use a clean URL. All affiliate links will be removed and continued use of them will result in your account being cancelled.

Personal Conduct

Be respectful. Disagreeing with others is fine as long as it’s done tactfully. People who put down others, are abusive, are short with others, or just downright obnoxious will be removed with little or no warning!

Comments or posts that contain racist, sexist, homophobic, xenophobic, or any other type of bigoted language (as determined by ECF) will result in the immediate termination of your account. We have a zero-tolerance policy for this type of behaviour.  If you choose to comment on issues related to sex, race, sexual orientation or similar topics we strongly recommend you do it with an abundance of sensitivity and kindness.  Comments that our staff views as racist, sexist, homophobic or xenophobic – whether by intent or due to carelessness – will be dealt with accordingly.

Conduct that is grounds for immediate removal includes but is not limited to:

  • Harassing or bullying members or moderators,
  • Racist/sexist language
  • Making threats against others,
  • Stalking members or moderators,
  • Spamming the forum or specific members,
  • Spimming,
  • Promoting illegal activities,
  • Promoting obscene materials,
  • Posting porn,
  • Promoting violent conduct,
  • Selling anything without forum permission,
  • Uploading viruses,
  • Uploading malware,
  • Attempting to hack the backend of the forum,
  • Soliciting members for sex,
  • Posting adult content,
  • Promoting contests without forum consent, and
  • Promoting pyramid schemes.

Political Discussions

While we understand that politics play a role in eCommerce and business in general, we don’t allow political discussions in the forum.  Why?  Because people can be very passionate about their beliefs and this can cause civil discussions to quickly degrade and become contentious.  Feelings get hurt and as a result, the Community as a whole is hurt.

There are plenty of places on the web where you can discuss politics all day long, but eCommerceFuel is not one of them.  If you post a political comment or start a political thread we will remove it and politely remind you of the rules.  If it happens a second time your account will be cancelled.

Intellectual Property

Given the Community size, some members will be in overlapping or similar niches. Many members share sensitive business information, marketing information, strategies, etc.   Use of any of this information outside of the community will result in immediate termination of your account. This includes, but is not limited to: graphics, images, logos, illustrations, financial information, content, product information, code, contact information, phone numbers, email addresses, presentations, videos or other documents.

Copying another member’s products (likeness, ingredients, packaging, wording, logo, manufacturing, marketing, design, etc.) will result in immediate termination of your account.

Service/Platform/Software Providers and Industry Professionals

Occasionally we grant membership to trusted, knowledgeable service providers and consultants. We count on ECF-member vendors to provide quality service to members. If we hear multiple reports of a service provider providing sub-par experiences to members we will likely revoke their membership. It’s important that members can expect quality, professional work from any vendors they encounter in our Community.

Privacy and Confidentiality

All forum discussions must remain private and confidential. Sharing particulars of a discussion – especially in written form – outside of the forum is prohibited and will lead to immediate account cancellation.  The display of any portion of eCommerceFuel on another web site (such as via Iframe) is prohibited.

Site Scraping

The use of any type of site scraper or copying content in any way (even if for personal use) from eCommerceFuel will result in immediate termination of your account.

Sharing Accounts

Sharing an account is not permitted.  If you have multiple people in an organization who wish to be involved in the Community, each person must apply separately.  We do not offer a discount for multiple accounts at the same company.

Keeping Your Information Current

Once or twice a year an automated system will request updated business information (url, yearly revenue, etc) via a simple questionnaire.  Failure to update your information in a timely manner will result in your account being cancelled.

Cancelling Your Account

If you wish to cancel your account, please contact us via email.  We will refund a prorated portion of your membership fee based on how much time is remaining in the billing period.  Members who cancel will need to re-apply if they wish to rejoin the Community, and will be subject to any new forum requirements (such as a case study).

Moderator Actions

Occasionally a moderator will need to take action on a post that violates the community guidelines in some way (spam, affiliate link, inappropriate comment, etc).   If you have an issue with a moderator’s decision, please contact either Padraic or Andrew via PM. Discussing moderator decisions within the forum is prohibited. 

We reserve the right to edit any and all content that has been placed on eCommerceFuel, as well as the right to revoke your eCommerceFuel membership at any time.

The Legal Stuff

By joining the eCommerceFuel Forum, you manifest your intent and agree to be bound by this terms of use Agreement (“Agreement”). eCommerceFuel reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. In the event eCommerceFuel replaces, modifies, or amends this Agreement, the Last Updated date, located at the top of this Agreement, will change. Your continued use and affiliation with eCommerceFuel after a change in the Law Updated date above will constitute your manifestation of assent to and agreement with any replacement, modification, or amendment herein. This Agreement affects your legal rights and obligations. If you do not agree to be bound by this Agreement, you are expressly prohibited from accessing or using eCommerceFuel.

THIS TERMS OF USE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. YOU HAVE A DUTY TO READ THIS AGREEMENT AND THE ARBITRATION PROVISION AND CLASS ACTION WAIVER CONTAINED WITHIN. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, ITS ARBITRATION PROVISION, OR ITS CLASS ACTION WAIVER, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF THE FORUM.

  1. Eligibility and User Warranties

eCommerceFuel is only available to individuals who are eighteen (18) and older. Individuals under the age of 18 are expressly prohibited from creating a user account or otherwise using eCommerceFuel.

You warrant that you are of sound mind, that you are age eighteen (18) or older, have the capacity to contract, and agree to the terms and conditions contained within this Agreement.

  1. Definitions

2.1 The “Content” refers to the content on eCommerceFuel, including, but not limited to, the text, graphics, photos, sounds, music, pictures, and the like. The “Content” does not include User Engagement, which is defined below.

2.2 “User” means an eCommerceFuel member.

2.3 “User Submissions” refer to content (e.g., images, photographs, graphics, audio and video files, text, files, information, sounds, musical works, works of authorship, applications, links, and other communications, content, or materials, along with any text associated with the content) submitted, posted, or displayed by Users.

2.4 “User Comments” refer to comments submitted, posted, or displayed by Users.

2.5 “User Engagement” collectively refers to User Submissions and User Comments.

2.6 “Forum” includes all activity, Content, User Submissions, User Comments, User Engagement, and other forms of interaction between eCommerceFuel’s platform and all Users subject to these Terms and Conditions.

  1. The Forum

3.1 eCommerceFuel may provide Users with the ability to upload or transmit content to or through the Forum, including, but not limited to, User Engagement. When you submit User Engagement to the Forum, you grant eCommerceFuel a non-exclusive, irrevocable, worldwide, and perpetual license to use your User Engagement for the customary and intended purposes of the Forum. These purposes may include providing you or third parties with the Forum, and backing up or archiving the Forum. In submitting User Engagement to the Forum, you agree to waive all moral rights in or to your User Engagement across the world, whether you have or have not asserted moral rights. Moral rights include, but is not limited to, the copyright to the User Engagement. You also agree to waive all rights of publicity or privacy in or to your User Engagement.

3.2 eCommerceFuel is not responsible for any User Engagement, third-party content, syndicated content, services, advertisements, and/or links that may be contained on the Forum. The Forum may contain links to third-party websites that are not owned or controlled by eCommerceFuel. eCommerceFuel has no control over, and assumes no responsibility for, the content, services, privacy policies, terms of use, or practices of any third-party websites or services. Additionally, eCommerceFuel will not and cannot censor or edit the content of any third-party site. By using the Forum, you expressly hold eCommerceFuel harmless from any and all liability arising from your use of any third-party website. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE FORUM ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.

3.3 You agree that you are responsible for all data or roaming charges you incur through use of the Forum.

3.4 eCommerceFuel prohibits crawling, scraping, caching or otherwise accessing any Content or User Engagement on the Forum via automated means, except as may be the result of standard search engine protocols or technologies used by a search engine with eCommerceFuel’s express consent.

3.5 You are solely responsible for your interactions with other Users of the Forum, whether online or offline. You agree that eCommerceFuel is not responsible or liable for the conduct of any User. eCommerceFuel reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Users.

3.6 There will be occasions when the Forum may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. eCommerceFuel will not be held responsible for any such interruptions.

3.7 eCommerceFuel reserves the right to remove any Content and/or User Engagement from the Forum for any reason, without prior notice. Content and/or User Engagement removed from the Forum may continue to be stored by eCommerceFuel, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. eCommerceFuel is not a backup service and you agree that you will not rely on the Forum for the purposes of content backup or storage. eCommerceFuel will not be liable to you for any modification, suspension, or discontinuation of the eCommerceFuel Forum or the loss of any Content or User Engagement. You also acknowledge that the Internet may be subject to breaches of security and that the submission of User Engagement or other information may not be secure. You are expressly and solely responsible for your own security when using the Forum.

  1. Access to the eCommerceFuel Forum

4.1 eCommerceFuel provides you with a limited, non-exclusive, non-sublicensable, non-assignable, and revocable license to use the Forum for their customary and intended purposes. Use of the Forum for a use outside of their customary and intended purposes or in violation of the terms of this Agreement will result in the immediate termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to eCommerceFuel.

4.2 In order to access some features of the Forum, you will have to create an account. You may never use another User’s account without permission or solicit, collect, or use the login credentials of other Users. When creating your account, you must provide accurate and complete information. You are responsible for keeping your password secure and you are solely responsible for the activity that occurs on your account. Although eCommerceFuel will not be liable for any losses caused by any unauthorized use of your account, you may be liable for the losses of eCommerceFuel or others due to such unauthorized use. If you become aware of any breach of security or unauthorized use of your password or of your account, you must notify eCommerceFuel immediately at support@ecommercefuel.com.

4.3 You agree you will not sell, transfer, license or assign your account, username, or any account rights. eCommerceFuel prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself.

4.4 You also agree that all information you provide or have provided to eCommerceFuel upon registration and at all other times will be true, accurate, current, and complete, and you agree to update your information as necessary to maintain its truth and accuracy.

  1. Use of the Forum–Permissions and Restrictions on Your Use

5.1 You agree to use the Forum only for purposes that are permitted by this Agreement. eCommerceFuel hereby grants you permission to access and use the Forum as set forth in this Agreement, provided that:

5.1.1 You agree that you have the legal right and capacity to enter into this Agreement in your jurisdiction.

5.1.2 You must not use the Forum for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (e.g., federal, state, local and provincial) applicable to your use of the Forum and your User Engagement, including, but not limited to, copyright laws and export laws.

5.1.3 You must not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive, violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive User Engagement via the Forum, or User Engagement that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. You must not post spam. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities. You must not intentionally make false or misleading statements. eCommerceFuel reserves the right to suspend or terminate your User Account at any time and in its sole and absolute discretion, including, but not limited to, for eCommerceFuel’s interpretation of a potential violation of any term or condition of this subsection.

5.1.4 You must not post private, confidential or sensitive information, or information that is otherwise in breach of the law via the Forum, including, without limitation, your or any other person’s credit card information, social security, or national identity numbers, non-public phone numbers, addresses, or email addresses. You must not submit material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant to eCommerceFuel all of the licensed rights granted herein. eCommerceFuel reserves the right to suspend or terminate your User account at any time and in its sole and absolute discretion, including, but not limited to, for eCommerceFuel’s interpretation of a potential violation of any term or condition of this subsection.

5.1.5 You must keep all of your User Engagement relevant and “on topic” to the particular item of User Engagement open for comments or submissions.

5.1.6 You must not distribute in any medium any part of the Forum without prior written authorization from eCommerceFuel. You agree not to circumvent, disable or otherwise interfere with security-related features of the Forum or features that prevent or restrict use or copying of any Content and User Engagement or enforce limitations on use of the Forum and the Content and User Engagement therein.

5.1.7 You must not engage in any activity that interferes with or disrupts the Forum (or the servers and networks which are connected to the Forum), including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any part of the Forum is rendered or displayed in a User’s browser or device.

5.1.8 You must not change, alter or modify any part of the Forum for any reason.

5.1.9 You agree not to use or launch any type of automated system, including but not limited to, “robots,” “spiders,” or “offline readers,” that accesses the Forum in a manner that sends more request messages to eCommerceFuel’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to access (or attempt to access) any of the Forum, including Content and User Engagement, by any means other than through the interfaces that are provided by eCommerceFuel.

5.1.10 You agree not to use the Forum for any commercial purpose or use, either direct or indirect, without the prior written authorization of eCommerceFuel. You may access User Engagement solely for your information and non-commercial, personal use or as otherwise intended through the normal functionality of the eCommerceFuel Forum. eCommerceFuel permits you to link to materials on the Forum for personal, non-commercial purposes only.

5.1.11 You must not solicit, for commercial purposes, spam, or send harassing communications to any Users. Additionally, you must not collect or harvest any personal information from the Forum. You must not offer to sell or buy any product or service, and you must not post advertisements or solicitations of business.

5.1.12 You must not attempt to restrict another User from using or enjoying the Forum and you must not encourage or facilitate violations of this Agreement or any other eCommerceFuel terms.

5.1.13 The Content and eCommerceFuel intellectual property, including, but not limited to, the eCommerceFuel trademarks, trade names, and logos, on the Forum are owned by or licensed to eCommerceFuel, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Forum may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. eCommerceFuel reserves all rights that are not expressly granted in and to the Forum and the Content. You agree not to use, copy, or distribute, either directly or indirectly, any of the Content other than that which is expressly permitted herein, including any use, copying, or distribution of User Engagement of third parties obtained through the Forum for any commercial purposes. If you download or print a copy of the Content and/or User Engagement for personal use, you must retain all copyright and other proprietary notices contained therein. You agree that eCommerceFuel holds no responsibility for content posted within the service, including, but not limited to, User Engagement. eCommerceFuel is not obligated to monitor or edit any content posted on eCommerceFuel, including, but not limited to, User Engagement. If your content violates this Agreement, you may bear legal responsibility for that content. All other trademarks, trade names, design marks, logos, or ether intellectual property that is not owned, licensed, or protected by eCommerceFuel is the property of their respective owners.

5.1.14 eCommerceFuel reserves the right to discontinue any aspect of the Forum, either specifically to you or generally, at any time.

5.1.15 eCommerceFuel may terminate a User’s access to the Forum at any time, for any reason. If eCommerceFuel suspects that you have violated any provision of this Agreement, eCommerceFuel may also seek any other available legal remedy. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement. Further, eCommerceFuel reserves the right to refuse access to the Forum to anyone for any reason at any time.

  1. User Engagement

6.1 You shall be solely responsible for your own User Engagement and the consequences of posting or publishing User Engagement.

6.1.1 In addition to the general restrictions above, the following restrictions and conditions apply specifically to your User Comments:

6.1.1.1 You may be given the opportunity to review and post User Comments on the Forum. Your User Comments must adhere to this Agreement, and, to the extent applicable, foreign, national, state, or local laws. If a comment is made using your identity, it will be deemed to have been posted by you. eCommerceFuel will not accept responsibility for User Comments and other information posted in the comments. If eCommerceFuel receives notice that any User Comments are not in compliance with this Agreement or the intended use of the User Comments, eCommerceFuel may remove such User Comments. Additionally, engaging in such conduct may result in you and/or your account being banned from the Forum.

6.1.1.2 User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Forum. User Comments are made available AS IS and may not be used, copied, reproduced, displayed, sold, licensed, downloaded, distributed, transmitted, broadcast, or otherwise exploited in any manner not intended by the normal functionality of the Forum or otherwise as expressly authorized under this Agreement.

6.1.2 In addition to the general restrictions above, the following restrictions and conditions apply specifically to your User Submissions–you affirm, represent, and/or warrant that:

6.1.2.1 You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Forum and this Agreement.

6.1.2.2 You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Forum and this Agreement.

6.1.2.3 The Forum may now or in the future permit User Submissions and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, eCommerceFuel does not guarantee any confidentiality with respect to any submissions.

6.1.3 You additionally affirm, represent, and warrant that the posting and use of your User Engagement on or through the eCommerceFuel Forum does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights.

6.1.4 You agree to pay for all royalties, fees, and any other monies owed by reason of your User Engagement that you post on or through the Forum.

6.2 eCommerceFuel does not endorse any User Engagement or any opinion, recommendation, or advice expressed therein, and eCommerceFuel expressly disclaims any and all liability in connection with User Engagement. eCommerceFuel does not permit copyright infringing activities and infringement of intellectual property rights on its Forum, and eCommerceFuel will remove all Content and User Engagement if properly notified that such Content or User Engagement infringes on another’s intellectual property rights. eCommerceFuel may, but has no obligation to, remove, edit, block, and/or monitor User Engagement or accounts containing User Engagement that eCommerceFuel determines in its sole discretion violates this Agreement. eCommerceFuel will also terminate a User’s access to the Forum, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had User Engagement removed from the Forum more than twice.

6.3 eCommerceFuel reserves the right to determine in its sole discretion whether Content or User Engagement is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, hate speech, or excessive length. eCommerceFuel may, at any time, without prior notice and in its sole discretion remove such User Engagement and/or terminate a User’s access for submitting such material in violation of this Agreement.

6.4 You understand that when using the Forum, you will be exposed to User Engagement from a variety of sources. eCommerceFuel is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Engagement. You understand and agree that eCommerceFuel cannot and will not be responsible for the User Engagement posted on the Forum and you use the Forum at your own risk. You further understand and acknowledge that you may be exposed to User Engagement that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against eCommerceFuel with respect thereto to the fullest extent permitted by law.

  1. Copyright Policy

7.1 Reporting Instances of Copyright Infringement

If you are a copyright owner or an agent thereof and believe that any User Engagement or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”), by providing eCommerceFuel’s Copyright Agent with the following information in writing:

7.1.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

7.1.2 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

7.1.3 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

7.1.4 Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

7.1.5 A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

7.1.6 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. eCommerceFuel’s Copyright Agent to receive notifications of claimed infringement is: Revision Legal, PLLC, 444 Cass St., Suite D, Traverse City, MI 49684, United States of America with an email address of dmca@ecommercefuel.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your notice may not be valid.

7.2 Submitting a Counter-Notice

If you believe that your User Engagement that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Engagement, you may send a counter-notice containing the following information to eCommerceFuel’s Copyright Agent:

7.2.1 Your physical or electronic signature;

7.2.2 Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

7.2.3 The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material to be removed or disabled”; and

7.2.4 Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction the Federal District Court for the juridical district in which the User is located or, if the User is outside of the United States, for any judicial district in which eCommerceFuel may be found, and a statement that you will accept service of process from the person who provided the original DMCA notification of the alleged infringement or an agent of such person.

If a counter-notice is received by eCommerceFuel’s Copyright Agent, eCommerceFuel may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Engagement or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User who provided the User Engagement, the removed User Engagement may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at eCommerceFuel’s sole discretion.

  1. Accessibility Policy

eCommerceFuel takes reasonable measures to ensure that the Forum is accessible by users with special needs or requirements. eCommerceFuel is committed to providing the public, including persons with disabilities, with access to the Forum and related information. In designing its websites, eCommerceFuel makes reasonable efforts to comply with the WCAG 2.0 Level AA web accessibility standards. eCommerceFuel also makes reasonable efforts to ensure that its websites are designed to reach the widest audience possible, but, if you have difficulty viewing eCommerceFuel’s Forum, including its websites, or performing any transaction through the Forum, you are encouraged to contact eCommerceFuel at support@ecommercefuel.com.

  1. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT ALLOWED UNDER APPLICABLE LAW:

9.1 YOUR USE OF THE FORUM IS AT YOUR OWN RISK. THE FORUM, INCLUDING, WITHOUT LIMITATION, THE WEBSITES, CONTENT, USER ENGAGEMENT, ANY PRODUCTS OR SERVICES AVAILABLE ON THE FORUM AND ALL THE MATERIALS, INFORMATION, SOFTWARE, AND FACILITIES, AND OTHER CONTENT THEREIN, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ECOMMERCEFUEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ECOMMERCEFUEL AND ITS SUBSIDIARIES, AFFILIATES, “SISTER ENTITIES”, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, the “ECOMMERCEFUEL PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS THAT: (i) THE FORUM WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE FORUM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE FORUM OR THE SERVER THAT MAKES THE FORUM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES; (iv) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE FORUM WILL BE ACCURATE OR RELIABLE; (v) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE FORUM WILL MEET YOUR EXPECTATIONS; AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

9.2 ECOMMERCEFUEL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, USER ENGAGEMENT, OR PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FORUM OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM THE FOREGOING. ECOMMERCEFUEL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

9.3 ECOMMERCEFUEL DOES NOT WARRANT THAT YOUR USE OF THE ECOMMERCEFUEL FORUM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND ECOMMERCEFUEL SPECIFICALLY DISCLAIMS SUCH WARRANTIES. BY ACCESSING OR USING THE ECOMMERCEFUEL FORUM, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE ECOMMERCEFUEL FORUM.

  1. Limitation of Liability

10.1 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE ECOMMERCEFUEL PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO ANY: (i) THE FORUM; (ii) THE CONTENT; (iii) IN-APP PURCHASES; (iv) USER ENGAGEMENT; (v) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE ECOMMERCEFUEL FORUM; (vi) ANY ACTION OF ANY USER OF THE FORUM, INCLUDING, BUT NOT LIMITED TO, AND PERSONAL INJURY, DAMAGE, OR DEATH CAUSED BY ANY USER OF THE FORUM; (vii) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE ECOMMERCEFUEL PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE ECOMMERCEFUEL FORUM; (viii) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (ix) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE ECOMMERCEFUEL FORUM; OR (x) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE ECOMMERCEFUEL PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, PERSONAL INJURY, OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE ECOMMERCEFUEL PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, OR PERSONAL INJURY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THE MAXIMUM TOTAL LIABILITY OF THE ECOMMERCEFUEL PARTIES TO YOU FOR ANY CLAIM UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $100.

10.2 EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10.3 YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ECOMMERCEFUEL’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE ECOMMERCEFUEL PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE ECOMMERCEFUEL PARTIES.

10.4 YOU SPECIFICALLY ACKNOWLEDGE THAT ECOMMERCEFUEL SHALL NOT BE LIABLE FOR CONTENT 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.

10.5 BY ACCESSING THE FORUM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “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.”

10.6 ECOMMERCEFUEL IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

  1. Indemnity

You agree to defend, indemnify and hold harmless the eCommerceFuel Parties 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 out of or in any way connected with: (i) your User Engagement or your use of and access to the eCommerceFuel Forum; (ii) your breach or alleged breach of this Agreement; (iii) your violation or alleged violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders; (v) any claim that your User Engagement caused damage to a third party; or (vi) any misrepresentation made by you. You will cooperate as fully required by eCommerceFuel in the defense of any claim. eCommerceFuel reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of eCommerceFuel. This defense and indemnification obligation will survive this Agreement and your use of the eCommerceFuel Forum.

  1. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by eCommerceFuel without restriction.

  1. Governing Law and Arbitration

You agree any and all claims arising out of or related to your use of the Website shall be exclusively brought in Helena, Montana. You specifically agree to the exclusive jurisdiction in Helena, Montana. This agreement is to be governed exclusively by Montana law. No other forum or choice of law is acceptable. In the event eCommerceFuel prevails in any action arising out of or related to this Agreement, eCommerceFuel shall be entitled to its reasonable attorney’s fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief it may be entitled.

You and eCommerceFuel agree that any dispute, claim, or controversy arising out of or in relation to this Agreement or the applicability, breach, termination, validity, enforcement, or interpretation thereof, will be settled by binding individual arbitration. If there is a dispute about whether this arbitration clause can be enforced or applies to the dispute between You and eCommerceFuel, You and eCommerceFuel agree that the arbitrator will decide that issue. Notwithstanding the foregoing, You and eCommerceFuel each agree that any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights will not be subject to this arbitration clause or arbitration.

The arbitration will be administered under the American Arbitration Association’s most recent Commercial Arbitration Rules then in effect except where as modified herein. The arbitration will be conducted in Helena, Montana and will be decided by a single arbitrator randomly selected from a list of neutral arbitrators maintained by the American Arbitration Association. Judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator will be provided with the right to award costs and attorneys’ fees to the prevailing Party. This arbitration will be held in Helena, Montana and both Parties agree that they will be required to be present in Helena, Montana for arbitration under the terms of this Agreement and hereby submit to exclusive personal jurisdiction in Helena, Montana. The arbitrator will apply the laws of Montana in deciding any controversy or claim pursuant to this arbitration clause.

You and eCommerceFuel acknowledge and agree that each are waiving the right to a trial by jury as to all arbitrable disputes.

You and eCommerceFuel acknowledge and agree that, to the fullest extent permitted under the law, each are waiving the right to participate as a plaintiff or class member in any class action lawsuit, class arbitration, or private attorney general action. If this class action waiver is held unenforceable with respect to the dispute between the Parties, the Parties agree that the entirety of the arbitration clause will be deemed void with respect to such dispute and the dispute must proceed in court.

  1. General

14.1 This Agreement, together with the Privacy Notice at https://www.ecommercefuel.com/privacy-policy/, which is incorporated by reference, and any other legal notices published by eCommerceFuel on the eCommerceFuel Forum, shall constitute the entire agreement between you and eCommerceFuel concerning the eCommerceFuel Forum.

14.2 If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

14.3 No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and eCommerceFuel’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

14.4 eCommerceFuel reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the eCommerceFuel Forum following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

14.5 YOU AND ECOMMERCEFUEL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ECOMMERCEFUEL FORUM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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