This web site and the services provided to you on and via this web site are provided on an "AS IS" basis. You agree that the site editor reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, The site editor will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that this web site may expose you to content that may be objectionable or offensive. The site editor will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.
By using this web site or any service provided, you explicitly agree that:
By providing any content to this web site:
Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The site editor will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
This Agreement will be interpreted and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. All disputes arising out of this Agreement shall be brought only in the district and federal courts located in or for Beaumont, Texas. EACH PARTY CONSENTS TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS, STATE AND FEDERAL, LOCATED IN OR FOR Beaumont, Texas. Notwithstanding the foregoing, the parties agree that if any dispute arises between them relating to this Agreement, they will first participate in non-binding mediation prior to the commencement of any litigation or other proceeding. If a party intends to invoke this mediation provision, such party shall notify the other party in writing, by certified and regular mail, of such party's desire to convene mediation. The parties shall then have thirty (30) days in which to appoint a mutually acceptable mediator, and if the parties are unable to agree on a mediator, each party shall select a mediator and the mediators so chosen shall appoint a third mediator who shall preside over the proceeding. The mediation shall be conducted in Beaumont, Texas. The parties shall participate in good faith in any mediation proceeding until the mediator determines that no further progress can be made in resolving the dispute. The parties shall each bear an equal portion of the mediator's fees. Each party may be represented by counsel during the mediation.
"Confidential Information" will include the terms of this Agreement, any software provided by ECP Computers under this Agreement, the logon identifiers and/or passwords provided to Customer and each Authorized User, the prices and fees charged under this Agreement, any other materials marked confidential by Customer or ECP and any other information conveyed under this Agreement that is identified in writing as confidential at the time of its conveyance. Each party acknowledges and agrees that: (a) the Confidential Information constitutes valuable trade secrets of the party owning such Confidential Information; (b) it will use Confidential Information solely in accordance with the provisions of this Agreement; and (c) it will not disclose, or permit to be disclosed, the Confidential Information of the other party to any third party without the disclosing party's prior written consent. Each party will take all reasonable precautions necessary to safeguard the confidentiality of the other party's Confidential Information including, at a minimum, those precautions taken by a party to protect its own Confidential Information, which will in no event be less than a reasonable degree of care. Confidential Information will not include information that is: (d) publicly available; (e) already in the other party's possession and not subject to a confidentiality obligation; (f) obtained by the other party from any source without any obligation of confidentiality; (g) independently developed by the other party without reference to the disclosing party's Confidential Information; or (h) required to be disclosed by order of a court or other governmental entity; provided no less than ten (10) days written notice is given to the party owning such Confidential Information so that such party may obtain a protective order or other equitable relief.
Customer is responsible for all ECP Computers Service charges up to and including the day client cancels ECP Computers Services. To cancel ECP Computers Service the customer must call our toll free number (listed on website) and ask for the cancellation department. A cancellation representative will verify that the person calling is the owner of the site and will issue a cancellation number to the customer. The cancellation number will serve as proof that the site and service has been cancelled. The customer is responsible for all outstanding charges up to the time the cancellation number is issued. For security purposes, e-mail notice will be disregarded. Proper identification for cancellation will be required from the original owner.
Cancellation of store front software does not release client from any long term contracts that client might have signed with AmeriCommerce. If client has pre-paid for a year of service, cancellation does not result in a refund.