Terms and Conditions
All Ecommerce, LLC. Terms
and Conditions of Use
Terms and Conditions of Use
Thank you for visiting All Ecommerce, LLC. The All Ecommerce,
LLC. website has been made available to you subject to your compliance
with the terms and conditions set forth below (see "Conditions
of Use"). Please read this document carefully before accessing
the All Ecommerce, LLC. website or use of its services. By accessing
or using this website, you are agreeing to the Conditions of Use
detailed in this page. If you do not wish to be bound by the Conditions
of Use, you may not access or use the website.
Modifications of the Conditions of Use
All Ecommerce, LLC. reserves the right to change the terms, conditions
at any time, and such modifications shall be effective immediately
upon posting of such changes. You are therefore responsible for
reviewing these Conditions and additional terms or notices posted
on the All Ecommerce, LLC. website. Your continued access of this
website shall be deemed your conclusive acceptance of the modified
agreement.
Electronic Communications
When you visit All Ecommerce, LLC., Inc or send e-mails to us,
you are communicating with us electronically, and thereby you
are consenting to receive communications from us electronically
or by other means available. It is also further understood that
all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirement
that such communication be in writing.
License and Website Access
All Ecommerce, LLC. grants you limited license to access and make
personal use of this website and not to download (other than for
page caching purposes) or modify it, or any portion of it, except
with the express written consent of All Ecommerce, LLC. This website
or any portion of this website may not be reproduced, duplicated,
sold or resold, adapted, copied, transmitted or otherwise exploited
for any commercial purpose without the express written consent
of All Ecommerce, LLC.
You may not frame, or use any framing techniques to enclose any
trademark, logo, or other proprietary information (including images,
text, flash movie, page layout, or forms) of All Ecommerce, LLC.,
Inc without the express written consent of All Ecommerce, LLC.
You may also not use META tags or any other "hidden text"
which utilize our domain properties such as allecommerce.com,
or any other derivative of our domain and/or company name without
the express written consent of All Ecommerce, LLC. You are hereby
granted a limited, revocable, and nonexclusive right to create
a hyperlink to the home page of All Ecommerce, LLC., Inc so long
as the link does not portray any false, misleading, derogatory,
or otherwise offensive matter.
Privacy
Please review our Privacy Policy document, which also governs
your visit to All Ecommerce, LLC. to understand our practices
regarding the use and disclosure of your personal information.
You will find this document at the bottom of our web site named
Privacy Policy.
Copyright and Licenses
The entire contents of this website, including, but not limited
to: Text, graphics, logos, button icons, Flash movies, audio clips,
images, data compliations, digital downloads, and software, are
the property of All Ecommerce, LLC., Inc, its content suppliers
or it's clients and are protected by Domestic and International
copyright and trademark laws. You may not modify, copy, reproduce,
republish, upload, post, transmit, or distribute any portion of
the website contents without the prior express written consent
of All Ecommerce, LLC.
Your submissions of files including, but not limited to: Resumes,
e-mail, flash movies, images, logos, audio loops, and other software
hereby constitutes your agreement to grant All Ecommerce, LLC.,
Inc a non-exclusive, royalty-free, worldwide, sub-licensable,
perpetual license, to reproduce, distribute, transmit, modify,
adapt, sub-license, and publicly display any such submissions.
You also grant All Ecommerce, LLC., Inc the right to utilize your
name in connection with all advertising, marketing and promotional
materials related thereto.
Limitation of Liability for services provided by All Ecommerce,
LLC.
In no event shall All Ecommerce, LLC., its affiliates or their
respective employees, agents, suppliers, contractors or licensors
shall be liable for any indirect, incidental, special or consequential
damages, or loss of profits, revenue, data or use, suffered by
Client, Client Customers or any third party, whether in an action,
tort or strict liability or other legal theory, even of such party
has been advised of the possibility of such damages. In no event
shall All Ecommerce, LLC.'s liability for any damages, losses,
and causes of action whether in contract or tort (including negligence
or otherwise) exceed the actual amount paid by Client to All Ecommerce,
LLC. during the 12-month period prior to the date the damage or
loss occurred or the cause of action arose.
Disclaimer of Warranty/Limitation of Liability
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY ALL ECOMMERCE,
LLC., INC ON AN "AS IS" AND "AS AVAILABLE"
BASIS. ALL ECOMMERCE, LLC. MAKES NO EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION
OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF
THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL ECOMMERCE,
LLC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. ALL ECOMMERCE, LLC. DOES NOT WARRANT
THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM ALL ECOMMERCE,
LLC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL ECOMMERCE,
LLC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
ALL ECOMMERCE, LLC. USES REASONABLE EFFORTS TO INCLUDE ACCURATE
AND UP-TO-DATE INFORMATION ON THIS WEBSITE. ALL ECOMMERCE, LLC.
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR
OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE
EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR VALUE
OR WITH OTHER INCORRECT INFORMATION, ALL ECOMMERCE, LLC. SHALL
HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT
LISTED INCORRECTLY. IF A PRODUCT SUCH AS T-SHIRTS, POSTERS, AND
OTHER ALL ECOMMERCE, LLC. BRANDING MATERIAL OFFERED BY ALL ECOMMERCE,
LLC. IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO
ALL ECOMMERCE, LLC. FOR A REFUND. ALL POSTAGE REQUIRED TO RETURN
A PRODUCT WILL BE AT THE BUYER'S EXPENSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
Case Studies and Portfolio Links
As part of its contractual agreement with its clients, All Ecommerce,
LLC. has reserved the right to link and/or describe work conducted
for selected clients as part of its Portfolio and Case Studies.
You as the visitor reserve the right to review and visit links
to these web sites but do not hold rights or permission to copy,
in part or full any logos, images, text/content, animations, or
any other copyrighted material from this web site or client sites
without direct permission of the client.
Applicable Laws and Regulations
By visiting the All Ecommerce, LLC., Inc website, you agree that
the laws of the state of Maryland, without regard to principals
of conflict of laws, will govern these Conditions of Use and any
dispute of any sort that might arise between you and All Ecommerce,
LLC.
Disputes
Any dispute relating in any way to your visit or access of the
All Ecommerce, LLC., Inc website or to the products or services
you purchase through the All Ecommerce, LLC., Inc website shall
be submitted to binding arbitration in Frederick County, Maryland.
Except that, to the extent you have in any manner violated or
threatened to violate All Ecommerce, LLC. intellectual property
rights. All Ecommerce, LLC. may seek injunctive or other appropriate
relief in any state or federal court in the state of Maryland,
and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under these Conditions of Use shall be conducted under
the rules then prevailing of the American Arbitration Association.
The arbitrator's award shall be binding and may be entered as
a judgment in any other court of competent jurisdiction. To the
fullest extent permitted by applicable law, no arbitration under
these Conditions of Use shall be joined to an arbitration involving
any other party subject to these Conditions of Use, whether through
class arbitration proceedings or otherwise.
Indemnification
You agree to indemnify, defend and hold harmless All Ecommerce,
LLC., Inc, its officers, directors, owners, partners, employees,
agents, licensors, suppliers and any third party information provider
to the website against all losses, expenses, damages and costs,
including attorney's fees, resulting from any violation of these
Conditions of Use (including negligent or wrongful conduct) by
you or your use and access of the All Ecommerce, LLC. website,
or use of its services.
All Ecommerce, LLC. Services Indemnification:
You agree to fully defend and indemnify and hold harmless All
Ecommerce, LLC. of and from any and all third party claims, causes
of action, demands, costs, damages including both direct and consequential
damages, specifically including attorneys fees and costs, expert
fees and costs and mediation and/or arbitration fees and costs
incurred (whether paid or not) as the result of any breach or
claim of breach of this agreement or your negligence whether active
or passive or any negligence of All Ecommerce, LLC. in any way
related to your use of the All Ecommerce, LLC.'s services or any
portion thereof.
You agree to fully defend and indemnify and hold harmless All
Ecommerce, LLC. of and from any and all third party claims, causes
of action, demands, costs, damages including both direct and consequential
damages, specifically including attorneys fees and costs, expert
fees and costs and mediation and/or arbitration fees and costs
incurred (whether paid or not) as the result of any violation
or claimed violation of any copyright or other intellectual property
right of any third party which is in any way related to your use
of the All Ecommerce, LLC. services or any portion thereof. Choice
of counsel remains exclusively that of All Ecommerce, LLC.
You agree that upon the assignment of your Hosting user ID and
password that you will maintain the confidentiality of your account
information and assume all responsibility of and from any loss,
theft or other destruction of any data as the result of any access
to your account via the use of your user ID. You further agree
to defend and indemnify and hold harmless All Ecommerce, LLC.
of and from any and all third party claims, causes of action,
demands, costs, damages including both direct and consequential
damages, specifically including attorneys fees and costs, expert
fees and costs and mediation and/or arbitration fees and costs
incurred (whether paid or not) as the result of any claim for
damages in any way related to the disclosure of your confidential
User ID and Password information. Choice of counsel remains exclusively
that of All Ecommerce, LLC.
Hosting Service Uptime Guarantee
If the Website uptime of customer's Website hosted by All Ecommerce,
LLC. is less than 99.9%, All Ecommerce, LLC. will issue a credit
to the customer's hosting account.
Exceptions of Credit for Hosting Services
Customer shall not receive any credits under this Uptime Guarantee
in connection with any failure or deficiency of Website availability
caused by or associated with:
• Circumstances beyond All Ecommerce, LLC.'s control including,
war, strike or other labor disturbance, unavailability/interruption/delay
in telecommunications, virus attacks and/or hackers, third party
software failure (free scripts, ecommerce software including Miva
Merchant, Merchant Gateways), fire, flood, tornado, earthquakes,
acts by any governing body, embargo, boycott, or inability to
obtain supplies, raw materials, or power used in or equipment
needed for provision of this Uptime Guarantee
• Failure of access circuits to the Service Provider Network,
unless the failure is caused solely by All Ecommerce, LLC.
• Emergency server or network maintenance, scheduled maintenance,
and system upgrades
• Domain name system (DNS) problems outside of the control
of All Ecommerce, LLC.
• Issues with FTP, POP, IMAP, or SMTP customer access
• Customer's acts or omissions (or acts or omissions of
others acting on behalf of or authorized by customer), including,
without limitation, custom scripting or coding (ie., PHP, Python,
CGI, Perl, HTML, ASP, Cold Fusion, etc...), any negligence, willful
misconduct, or use of the Services in breach of ANY ITEM outlined
in All Ecommerce, LLC.'s Restrictions Policy;
• Problems elsewhere on the internet that prohibit you from
viewing your account. All Ecommerce, LLC. is not responsible for
browser, DNS, or other caching that might make it appear your
site is unavailable even though others can still access your information.
This guarantee covers areas All Ecommerce, LLC. controls such
as our servers, routers, and switches. Please refer to The Internet
Traffic Report, which monitors the flow of data around the world,
for more information on any problems elsewhere on the Internet
which may exist: http://www.internettrafficreport.com/details.htm
In order to receive a credit, customer must make a request by
sending an email message to support@allecommerce.com. Each request
in connection with this Uptime Guarantee must include customer's
domain name and the dates and times of the unavailability of the
website. The request must be received by All Ecommerce, LLC. within
ten (10) days after the Website was not available. If the unavailability
is confirmed by All Ecommerce, LLC., credits will be applied within
30 days after All
Ecommerce, LLC.'s receipt of the credit request. Credit is posted
to the customer's hosting account only - no refunds via check,
credit card, or PayPal are available.
International Use
Given the global nature of the Internet, you agree to comply with
all local rules including, without limitation, rules about the
Internet, data, e-mail, privacy, copyright, and trademark infringement.
Additionally, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States
or the country in which you reside.
Third Party Links
Linked websites are controlled by All Ecommerce, LLC., Inc and
All Ecommerce, LLC. is not responsible for the contents of any
linked site or any link contained in a linked site. All Ecommerce,
LLC., Inc provides links to you only as a service, and the inclusion
of any link does not imply or constitute an endorsement by All
Ecommerce, LLC. of the site.
Other Provisions and Rules
All Ecommerce, LLC. failure to insist upon or enforce strict performance
of any provision of these Conditions of Use shall not be construed
as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any
provision of these Conditions of Use. All Ecommerce, LLC. may
assign its rights and duties under these Conditions of Use to
any party at any time without notice to you. If any of these conditions
shall be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and shall not affect
the validity or enforceability of any remaining condition. Any
rights not expressly granted herein are reserved.
Request and Address
Please send notices by care of e-mail to: support@allecommerce.com
(or) by our Mailing Address:
All Ecommerce, LLC.
140 Broadway Center
New York, NY 10005
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