1. Acceptance of Terms of Service
This website is operated by Ecardify.com. Throughout the site, the terms “we”, “us” and “our” refer to Ecardify.com. Ecardify.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and making use of our services, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current site also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
2. Users' Obligations
You agree to use the website, Ecardify.com, and Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. ECARDIFY IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE WEBSITE, Ecardify.com, AND SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, you agree and warrant that in using the website and Services, your actions do not contravene the laws, rules, or regulations of the country, state, or locality where you reside, or the country, state, or locality where Ecardify is located or operates.
3. Age of Consent
By using this site, you represent that you are at least at the age of majority in your state or province of residence.
4. Use of the Services by You
You agree to use the Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) any of the Services by any means other than through the means that is provided by Ecardify or its authorized partners. You agree not to access or attempt to access any of the Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Further, you agree:
- not to disrupt or interfere with any other user's enjoyment of the website or the Services
- not to use or attempt to use another user's User Account, password, or system
- not to access or attempt to access any Content or User Content (as defined below), which you are not authorized to access under the terms herein
- not to disrupt or interfere with the security of, or otherwise cause harm to, the website, Services, Content, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through this website or any affiliated or linked sites
5. Your Passwords and Account Security
Ecardify requires you to create a user account ("User Account") in order to use its Services. In creating your User Account, you agree to submit accurate, current and complete information about yourself and keep such information updated. Ecardify reserves the right to suspend or terminate accounts which are reasonably suspected to be used in contradiction to the terms herein and/or contain information that is untrue, inaccurate, not current or incomplete.
You shall choose a personal, non-transferable password. User Accounts may not be "shared" or used by more than one individual. After you accept these Terms of Service and your User Account registration has been accepted by Ecardify, your User Account will be established. You are solely responsible for any and all activities that occur under your User Account, whether or not such use was authorized by you.
6. Language of the Terms of Service
If and when Ecardify provides a translation of the English language version of these Terms of Service into another language, you agree that the translation is provided for your convenience only and that the English language versions of these Terms of Service will govern your relationship with Ecardify. If there is any contradiction between the English language version of these Terms of Service and the translation, the English language version shall control.
7. No Resale of the Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Ecardify.
8. Warranties and Disclaimers
You understand and agree that the Service is provided "as is" and Ecardify, its affiliates, dropshippers and Resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on Ecardify's servers. Ecardify, its affiliates, dropshippers and Resellers make no warranty or representation regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any user's requirements. Use of the Service is at your sole risk. You will be solely responsible for any damage to you resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with you. No oral or written information or advice given by Ecardify or its authorized representatives shall create a warranty or in any way increase the scope of Ecardify's obligations. Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, Ecardify, its affiliates, dropshippers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.
9. Your Warranties
You hereby warrant that: (i) all information provided by you to Ecardify in connection with the service is true, accurate, correct, and up to date; (ii) you have full power and authority to enter into the terms of service; (iii) you are of legal age to form a binding contract with Ecardify; (iv) you will seek all necessary governmental approvals required to effectuate these terms of service; (v) you shall perform all of your obligations under these terms of service in accordance with applicable laws; and (vi) your editorial, text, graphic, audiovisual, and other content that is available to end users of this website and that is not provided by Ecardify or this website do not (1) infringe any intellectual property rights of any third party, (2) constitute defamation, libel or obscenity, (3) result in any consumer fraud, product liability, breach of contract to which you are a party or cause injury to any third party, (4) promote violence or contain hate speech, (5) violate any applicable law, statute, ordinance, or regulations, or (6) contain adult content or promote illegal activities.
10. Unlawful or Prohibited Use
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
11. Limitation of Liability
In no case shall Ecardify, our employees, affiliates, agents, contractors, interns, dropshippers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You hereby agree to indemnify and hold harmless Ecardify, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Service.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions
You may from time to time provide suggestions, comments or other feedback to Ecardify with respect to any Service provided by Ecardify (hereinafter "Feedback"). You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for Ecardify. However, Ecardify will not disclose the source of any feedback without notice to the providing party. Ecardify shall be free to disclose and use such Feedback as it sees fit,entirely without obligation of any kind to you. The foregoing shall not, however, affect either party's obligations hereunder with respect to the information protected pursuant to any Ecardify Privacy Policies posted on this website.
16. Service Access
If this website is not available for any period or any time, ECarify shall not be liable. Ecardify gives no warranties as to the accessibility, performance, or availability of the website or Services. Temporary suspension of access to this website or Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. Ecardify reserves the right to suspend the operation of the Services, this website, or any part thereof. You agree that neither Ecardify nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products on this website.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
18. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
19. Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.