Terms Of Service
Last Updated on June 13th, 2019
Terms and Conditions

Agreement between user and http://ecomdudes.com

Welcome to http://ecomdudes.com. The http://ecomdudes.com website (the “Site”) is comprised of various web pages operated by Vance Software, LLC. http://ecomdudes.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of http://ecomdudes.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

ecomdudes.com, is an online education site that offers online entrepreneurship education courses that are accessible via an online subscription through the eCom Dudes membership.


PRIVACY

Protecting your private information is our priority at ecomdudes.com or Vance Software, LLC . This Privacy Policy informs you of our policies regarding the collection, use and disclosure of personal data Users of the Web site and/or Services. ecomdudes.com or Vance Software, LLC attaches great importance to ensuring that your personal data and crawled data are collected, used, processed and erased in accordance with the current applicable regulations as stipulated by local, state, national, federal, and other data protection legislation. Protecting your data is a matter of great importance to our company. If you have requests concerning your personal information or any questions please contact us support@ecomdudes.com.
If you have objections to the Privacy Policy, you should immediately discontinue use of the Web site and our Services.

Definitions

For purposes of this Privacy Policy references to “Customer” mean a registered, paying User of the Services. 

For purposes of this Privacy Policy references to “us,” “we,” “our,” and/or “ecomdudes.com or Vance Software, LLC” mean Vance Software, LLC, LLC, a New Jersey limited liability company with a registered place of business located at 223 Lincoln Ave Oradell, NJ 07649, and its subsidiaries, parents, and affiliates.
References to the “Services” mean those consulting services provided by us. 

References to the “Web site” mean the Web sites bearing the URL ecomdudes.com,100kblueprint.com, trifunnels.com, and dropshipacademy.com as well as any other site owned and/or operated by or under the ecomdudes.com or Vance Software, LLC brand.
References to “you,” and/or “User,” mean the User of the Web site and/or the Services.

Agreement to be Bound

The following Data Protection and Privacy Policy Statement governs the collection and use of private information via the Web site and the Services. By accessing the Web site and/or registering for the use of our Services you represent that you have read and understand the Privacy Policy and that you agree to be bound by thereby.

This Privacy Policy may be additionally subject to our Terms of Service for those Customers who use our Services.

Modifications and Changes to the Privacy Policy 

We may modify, add to, suspend, or delete the Privacy Policy, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being effective thirty (30) calendar days following their posting to the Web and emailing a notice to registered Users. Your access of the Web site and/or use of our Services, after modification, addition or deletion of the Privacy Policy Statement shall be deemed to constitute acceptance by you of the modification, addition or deletion. 

Collection of your Personal Information

We collect both personally-identifiable information or personal data and non-personally-identifiable information from you. Often, you choose what information to provide to us, but, sometimes, we may require certain information for you to use and for us to provide the Services. Specifically, we collect the following: 

Registration & Account Set Up collected via the Web site. In order to register you as a Customer, provide you with support, process your transactions, or allow you to participate in a contest, we will collect personal data, which may include your full name; telephone number; and email address. We also will collect a user name and password.

In addition, you should note that our payment processors may collect and store sensitive financial information, including your credit card number, expiration date, and billing details for those Customers who pay us via credit card. We store the same only as anonymous data and have no access to or control over the sensitive financial information you may provide. 

Automated Information. ecomdudes.com or Vance Software, LLC automatically receives and records information from each User’s browser or your mobile device when you visit the Web site or use certain other Services, such as your IP address in an anonymized fashion or unique device identifier, cookies and data about which pages you visit in order to allow us to operate and provide the Services, and data about the type of device you use to connect to our Services and/or Web site. This information is stored in log files and is collected automatically. We may combine this information from your browser or your mobile device with other information that we or our partners collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyze and understand how the Services work for our Users, and to provide advertising, including across your devices, and a more personalized experience for members and visitors.

We may also automatically collect device-specific information when you install, access, or use our Services. This information may include information such as the hardware model, operating system information, app version, app usage and debugging information, browser information, IP address, and device identifiers.

Location Information: We may collect information about your use of the Services for advertising, analytics, to serve content and to protect the Services, including your IP address, browser information (including referrers), device information (such as iOS IDFA, IDFV for limited non-advertising purposes, Android AAID, and, when enabled by you, location information provided by your device). We may obtain location information you provide in your profile or your IP address. With your consent, we may also determine location by using other information from your device, such as general location information from GPS or information about wireless networks or cell towers near your mobile device. We may use and store information about your location to provide features and to improve and customize the Services, for example, for our internal analytics and performance monitoring; localization, regional requirements, and policies for the Services; for local content, search results, and recommendations; for mapping services; and (using non-precise location information) marketing. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you may revoke your consent to the sharing of that information through the settings on your mobile device. Certain non-precise location services, such as for security and localized policies based on your IP address or submitted address, are critical for the site to function. We will only share your geo-location details with third parties (like our mapping, payments, or, to the extent applicable, advertising providers) in order to provide you with the Services. 

Analytics Information: We use data analytics to ensure site functionality and improve the Services. We do not link the information we store within the analytics software to any personally identifiable information that you submit.

Use of your Personal Information

We may use your personally-identifiable information to process transactions; to provide and improve customer service administration; to personalize your User experience; to contact Users via e-mail, SMS text, or telephone; to respond to inquiries, and/or other requests or questions; to send company news, updates and other related info via our mailing list; and to facilitate registration for and use of our Services .

We may use your non-personally identifiable information to create traffic statistics for our Web site; to create User statistics for our Services; to improve customer service; and to personalize your User experience. 

ecomdudes.com or Vance Software, LLC gives you the choice of providing, editing or removing certain information, as well as choices about how we contact you. You may change or correct your Vance Software, LLC account information through your account settings. You can also request the deletion of the personal information in your account.

Depending on your location, you may also have certain additional rights with respect to your information, such as: (i) data access and portability (including the right to obtain a copy of your personal data you provided to ecomdudes.com or Vance Software, LLC, via your settings); (ii) data correction (including the ability to update your personal data, in many cases via settings); (iii) data deletion (including the right to have ecomdudes.com or Vance Software, LLC delete your personal information, except information we are required to retain, by contacting us); and (iv) withdrawal of consent or objection to processing (including, in limited circumstances, the right to ask ecomdudes.com or Vance Software, LLC to stop processing your personal data, with some exceptions, by contacting us).

You may also control the receipt of certain types of communications from ecomdudes.com or Vance Software, LLC. ecomdudes.com or Vance Software, LLC may send you messages about the Services or your activity. Some of these messages are required, service-related messages for Users (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can control which optional messages you choose to receive via the unsubscribe link in our emails.

If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may close your account.

Sharing Information with Third Parties

ecomdudes.com or Vance Software, LLC does not sell, rent or lease its customer lists to third parties. 

ecomdudes.com or Vance Software, LLC may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or provided marketing services. For example, we share data with ClickFunnels, our Web site administrator, and Google Analytics and Google Remarketing, whose services we utilize for marketing purposes. All such third parties are prohibited from using your personal information except to provide these services to ecomdudes.com or Vance Software, LLC, and they are required to maintain the confidentiality of your information.

ecomdudes.com or Vance Software, LLC may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on ecomdudes.com or Vance Software, LLC or the site; (b) protect and defend the rights or property of ecomdudes.com or Vance Software, LLC; and/or (c) act under exigent circumstances to protect the personal safety of users of ecomdudes.com or Vance Software, LLC, or the public. Pursuant to the California Consumer Privacy Act (CCPA), Vance Software, LLC has not sold or disclosed consumers’ personal information to a third party in the preceding 12 months.

Automatically Collected Information

Information about your computer hardware and software may be automatically collected by ecomdudes.com or Vance Software, LLC. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the ecomdudes.com or Vance Software, LLC website.

Use of Cookies

The ecomdudes.com or Vance Software, LLC website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize ecomdudes.com or Vance Software, LLC pages, or register with ecomdudes.com or Vance Software, LLC site or services, a cookie helps ecomdudes.com or Vance Software, LLC to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same ecomdudes.com or Vance Software, LLC website, the information you previously provided can be retrieved, so you can easily use the ecomdudes.com or Vance Software, LLC features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the ecomdudes.com or Vance Software, LLC services or websites you visit.

Security of your Personal Information

ecomdudes.com or Vance Software, LLC secures your personal information from unauthorized access, use, or disclosure. ecomdudes.com or Vance Software, LLC uses the following methods for this purpose:
• SSL Protocol
• Vulnerability scanning
• PCI-Scanningf 
• S-HTTP 

When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
In addition, access to your data is restricted to need-to-access individuals. 

We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed. Please note that non-encrypted communication using email is not secure. Thus, we cannot guarantee data security in email communication and, therefore, recommend using physical mail for confidential information.

International Transfer

We operate globally so it is necessary to transfer your information internationally. In particular, your information will likely be transferred to and processed via servers located in Provo, Utah, United States. The United States, European Economic Area (“EEA”) Member States, and other countries all have different laws. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. In particular, if your information is in the United States, it may be accessed by government authorities in accordance with U.S. law.

To the extent that ecomdudes.com or Vance Software, LLC is deemed to transfer personal information outside of the EEA, we rely separately, alternatively, and independently on the following legal bases to transfer your information:

Model Clauses. The European Commission has adopted standard contractual clauses (also known as Model Clauses), which provide safeguards for personal information that is transferred outside of Europe. We often use these Model Clauses when transferring personal information outside of Europe. You can request a copy of our Model Clauses by emailing support@ecomdudes.com. 

Privacy Shield.ecomdudes.com or Vance Software, LLC does not participate in Privacy Shield at this time. However, ecomdudes.com or Vance Software, LLC may rely on the EU-US Privacy Shield to transfer personal information to some of our third-party service providers in the United States, where they are certified to receive such information under the Privacy Shield Program.

Necessary for the performance of the contract. ecomdudes.com or Vance Software, LLC provides a voluntary service; you can choose whether or not you want to use the Services. However, if you want to use the Services, you need to agree to our Terms of Service which set out the contract between ecomdudes.com or Vance Software, LLC and its Customers. As we operate in countries worldwide (including in the United States) and may use technical infrastructure in the United States to deliver the Services to you, in accordance with the contract between us, we need to transfer your personal information to the United States and to other jurisdictions as necessary to provide the Services. Simply put, we can’t provide you with the Services and perform our contract with you without moving your personal information around the world.
 
Children Under Thirteen; Notice to Minors

ecomdudes.com or Vance Software, LLC does not knowingly collect personally identifiable information from children under the age of thirteen (13). If you are under the age of thirteen, you must ask your parent or guardian for permission to use the Web site and Services. We request that all users of the Web site and our Services who are under the age of thirteen (13) not disclose or provide any personally-identifiable information. If we discover that a child under thirteen has provided us with personally-identifiable information, we will delete that child’s personally-identifiable information from our records. You are responsible for any and all account activity conducted by a minor under your account. 

In addition to protecting the privacy of children under the age of thirteen (13), we are committed to protect the privacy of minors. Though neither our Web site nor our Services is not targeted to minors nor is it intended to be used by minors, if, for any reason a minor has shared information via our Web site and/or Services said minor may request and obtain removal of such information by contacting us at support@ecomdudes.com. We do not knowingly collect personally identifiable information from anyone under the age of thirteen (13). If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Although we offer deletion capability, you should be aware that the removal of content may not ensure complete or comprehensive removal of that content or information provided.

Do Not Track Disclosure

Please note that while you may have the opportunity to opt-out of targeted advertising as discussed in the “How to Opt-Out” section above, and you may be able to control the use of cookies through your Web browser as described in the “Use of Cookies” section below, some Web browsers may also give you the ability to enable a “do not track” setting. This setting sends a special signal to the Web sites you encounter while Web browsing. This “do not track” signal is different from disabling certain forms of tracking by declining cookies in your browser settings, as browsers with the “do not track” setting enabled still have the ability to accept cookies. We do not respond to Web browser “do not track” signals at this time. If we do so in the future, we will describe how we do so in this Privacy Policy. For more information about “do not track,” visit http://www.allaboutdnt.org/.

Retention

ecomdudes.com or Vance Software, LLC will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your ecomdudes.com or Vance Software, LLC account), as described in this policy, or as needed to provide the Services to you. If you no longer want ecomdudes.com or Vance Software, LLC to use your information to provide the Services to you, you may close your account. ecomdudes.com or Vance Software, LLC will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.

E-mail Communications; How to Opt-Out

From time to time, ecomdudes.com or Vance Software, LLC may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from ecomdudes.com or Vance Software, LLC or click on a link therein. 

Please note that or marketing and promotional communications are opt-in. If you would like to stop receiving marketing or promotional communications via email from ecomdudes.com or Vance Software, LLC, you may opt out of such communications by clicking on the UNSUBSCRIBE link.

Email marketing campaigns published by us may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include but shall not be limited to: the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity. This information is used to refine future email campaigns and supply the User with more relevant content based around their activity.

Your Rights

You may benefit from a number of rights in relation to your information that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to manage, change, limit, or delete your personal information, you can do so via your account settings or by contacting us. Upon request, ecomdudes.com or Vance Software, LLC will provide you with information about whether we hold any of your personal information. By visiting your account settings, you can access, correct, change, and delete certain personal information associated with your account. In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your personal information. In certain circumstances, you also have the right to request the deletion of your personal information, and to obtain a copy of your personal information in an easily accessible format. If you need further assistance, you can contact ecomdudes.com or Vance Software, LLC through one of the channels listed below under “Contact Information.” We will respond to your request within a reasonable timeframe.

If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing purposes, you can always object using the unsubscribe link in such communications or changing your account settings.

Withdrawing Consent

Where you have provided your consent, you have the right to withdraw your consent to our processing of your information and your use of the Services. For example, you can withdraw your consent to email marketing by using the unsubscribe link in such communications or by changing your account settings. You can choose to withdraw your consent to our processing of your information and your use of the Services at any time by closing your account and then emailing support@ecomdudes.com to request that your personal information be deleted, except for information that we are required to retain. This deletion is permanent and your account cannot be reinstated.

EU Personal Data

If you are located in the EU, United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) related to your personal data. We will be the controller of your personal data processed in connection with the Site.

You have the right to fully access all of your data. Without prejudice to any other administrative or judicial remedy, every user shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the user considers that the processing of personal data relating to him or her infringes this Regulation. 

You have the right to restrict or object to any of our data retention policies. You may request corrections to data. You have the right to delete your data from the site. 

Should you select the optional opportunity to receive promotional emails from us about current offers and incentives, we will also use your email for this purpose. If you have not selected this Opt-in option, you will not receive promotional emails. If you have opted to receive promotional emails, or if you receive transactional emails about your incomplete order, you may choose to remove (Opt-out) this feature at any time and the emails will be stopped. 

Your contact information may also be used should we ever need to contact you. The user has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. Please forward any data inquiries to: support@ecomdudes.com.

California User Consumer Rights

In accordance with California Civil Code Section 1789.3, California resident Users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov. For more information about protecting your privacy, you may wish to visit: http://www.ftc.gov

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by us to third parties for the third parties’ direct marketing purposes. With respect to us, this privacy policy applies only to their activities within the State of California. To make such a request or if you have questions about this privacy policy, please send an email to support@ecomdudes.com.

Contact Information
Vance Software, LLC and eCom Dudes welcomes your questions or comments regarding this Statement of Privacy. If you believe that ecomdudes.com or Vance Software, LLC has not adhered to this Statement, please contact Vance Software, LLC and eCom Dudes at: 223 Lincoln Ave Oradell NJ, 07649

Email Address: 
support@ecomdudes.com
If you live in the EEA, you may also file a complaint with your local data protection regulator.


ELECTRONIC COMMUNICATIONS

Visiting http://ecomdudes.com or sending emails to ecomdudes.com, constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

YOUR ACCOUNT

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ecomdudes.com & Vance Software, LLC . is not responsible for third party access to your account that results from theft or misappropriation of your account. ecomdudes.com or Vance Software, LLC. and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

ecomdudes.com or Vance Software, LLC. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://ecomdudes.com only with permission of a parent or guardian.

CANCELLATION/REFUND POLICY

We offer a 100% money-back guarantee on your license access to http://ecomdudes.com for the following courses:

eCom Dudes Academy: 14 days upon first billing. 48 hours after each rebill cycle.
7 Figure Machines: 31 Days unconditional
100K Blueprint: 31 Days unconditional
Dropship Academy: 31 days unconditional

The guarantee period begins on the first day of purchase. Please contact our customer service team at support@ecomdudes.com to request a refund. Please allow refunds to be processed within 3 business days.

No refund requests outside of these periods will be granted. Refunds are processed to the original method of payment or if that is not possible (e.g., wire payments) we will send you a check. All payments are processed in US dollars, and any refunds are limited to the exact amount paid in US dollars. VAT payments and any differences in exchange rates are nonrefundable. Please contact us at support@ecomdudes.com with any questions.


LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES

http://ecomdudes.com may contain links to other websites (‘Linked Sites”). The Linked Sites are not under the control of ecomdudes.com or Vance Software, LLC. and ecomdudes.com or Vance Software, LLC. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ecomdudes.com or Vance Software, LLC. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ecomdudes.com or Vance Software, LLC. of the site or any association with its operators.

Certain services made available via http://ecomdudes.com are delivered by third-party sites and organizations. By using any product, service or functionality originating from the http://ecomdudes.com domain, you hereby acknowledge and consent that ecomdudes.com or Vance Software, LLC. may share such information and data with any third-party with whom ecomdudes.com or Vance Software, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of http://ecomdudes.com users and customers.

LICENSE AGREEMENT (NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY)

You are granted a non-exclusive, non-transferable, revocable license to access and use via http://ecomdudes.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to ecomdudes.com or Vance Software, LLC. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ecomdudes.com or Vance Software, LLC. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ecomdudes.com or Vance Software, LLC. content is not for sale or resale. You are purchasing licensing access to use the site to access the content ONLY, you are not purchasing any ownership to the content itself, and therefore have no rights to the content. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of ecomdudes.com or Vance Software, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ecomdudes.com or Vance Software, LLC or our licensors except as expressly authorized by these Terms.

USE OF COMMUNICATION SERVICES

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Vance Software, LLC and eCom Dudes. has no obligation to monitor the Communication Services. However, ecomdudes.com and Vance Software, LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ecomdudes.com or Vance Software, LLC. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Vance Software, LLC and eCom Dudes reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ecomdudes.com or Vance Software, LLC.’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ecomdudes.com or Vance Software, LLC. does not control or endorse the content, messages or information found in any Communication Service and, therefore, ecomdudes.com or Vance Software, LLC. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ecomdudes.com ecomdudes.com or Vance Software, LLC.  spokespersons, and their views do not necessarily reflect those of ecomdudes.com or Vance Software, LLC. 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Vance Software, LLC and eCom Dudes does not claim ownership of the materials you provide to https://ecomdudes.com (including feedback and suggestions) or post, upload, input or submit to any ecomdudes.com or Vance Software, LLC. Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ecomdudes.com or Vance Software, LLC., our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. ecomdudes.com or Vance Software, LLC. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ecomdudes.com or Vance Software, LLC.’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

THIRD PARTY ACCOUNTS

You will be able to connect your ecomdudes.com or Vance Software, LLC. account to third party accounts. By connecting your ecomdudes.com or Vance Software, LLC. account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.

INTERNATIONAL USERS

The Service is controlled, operated and administered by ecomdudes.com or Vance Software, LLC. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ecomdudes.com or Vance Software, LLC. content accessed through https://ecomdudes.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless ecomdudes.com or Vance Software, LLC., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ecomdudes.com or Vance Software, LLC. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ecomdudes.com or Vance Software, LLC. in asserting any available defenses.

ARBITRATION

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

CLASS ACTION WAIVER

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Vance Software, LLC and eCom Dudes AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

Vance Software, LLC and eCom Dudes  AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Vance Software, LLC and eCom Dudes AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Vance Software, LLC and eCom Dudes  AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Vance Software, LLC and eCom Dudes OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

TERMINATION/ACCESS RESTRICTION

Vance Software, LLC and eCom Dudes reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ecomdudes.com or Vance Software, LLC.  as a result of this agreement or use of the Site. ecomdudes.com or Vance Software, LLC. ’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ecomdudes.com or Vance Software, LLC.  ’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ecomdudes.com or Vance Software, LLC. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ecomdudes.com or Vance Software, LLC. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ecomdudes.com or Vance Software, LLC.  with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

COPYRIGHT

If you are a copyright owner and believe that any content on ecomdudes.com or Vance Software, LLC. website(s) infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). To provide ecomdudes.com or Vance Software, LLC. notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of support@ecomdudes.com that sets forth the information specified by the DMCA (see https://copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorney’s fees) if you materially misrepresent that an activity is infringing your copyright.

CHANGES TO TERMS

Vance Software, LLC and eCom Dudes reserves the right, in its sole discretion, to change the Terms under which https://ecomdudes.com is offered. The most current version of the Terms will supersede all previous versions. ecomdudes.com or Vance Software, LLC. encourages you to periodically review the Terms to stay informed of our updates.

CONTACT US

Vance Software, LLC and eCom Dudes welcomes your questions or comments regarding the Terms:
Email Address: support@ecomdudes.com
Effective as of September 26, 2018


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