Last Updated on November 13, 2023
IMPORTANT NOTICE – PLEASE READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE CAREFULLY (REFERRED TO AS “THESE TERMS”) BEFORE ACCESSING, USING, SUBSCRIBING, OR PLACING AN ORDER OVER WWW.EWEBIFY.COM OR ANY RELATED WEBSITES THAT LINK TO THESE TERMS.
THESE TERMS INCLUDE DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND PROVISIONS FOR MANDATORY ARBITRATION AND CLASS ACTION WAIVERS. THIS AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A COURT HEARING, JURY TRIAL, AND PARTICIPATING IN CLASS ACTIONS. ARBITRATION IS REQUIRED AND IS THE SOLE METHOD FOR RESOLVING DISPUTES, EXCEPT AS STATED IN SECTION 19. THESE TERMS ARE FUNDAMENTAL TO OUR AGREEMENT.
Access and the use of www.ewebify.com and any other associated websites (each referred to as a “Website”), which are owned and operated by eWebify LLC (“eWebify,” “we,” “us,” “our”), are governed by these Terms. We provide the Website, including all its tools, information, and services, to you, the user, subject to your acceptance of all the terms and conditions stated herein. By accessing, using, subscribing, or placing an order through the Website, you and your business (including any authorized sub-users) agree to adhere to these terms and conditions. If you do not fully accept these Terms, you are not permitted to access or use the Website in any capacity.
SECTION 1 – WEBSITE USAGE
The website www.ewebify.com is primarily designed for use by businesses run by adults. By utilizing this Website, you affirm that you are at least 18 years old or have reached the age of majority in your jurisdiction (whichever is older), are involved in operating a business, possess the legal capability to form a binding contract with us, and have comprehensively read this Agreement, understanding and consenting to its terms.
We acknowledge that in certain circumstances, individuals under 18 years of age may access the Website. If you are under 18 and use our Website, it is under the condition that a parent or guardian, who is at least 18 years old, has provided their explicit and verifiable consent for your use of the Website. Additionally, they must agree to these terms on your behalf.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS - LICENSE TERMS
All components of the website www.ewebify.com are protected under U.S. and international copyright, trademark, and other intellectual property laws. This includes all content, information, design elements, text, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloadable material. No part of the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any manner whatsoever. The eWebify trademark and logo are exclusive marks of eWebify LLC, and their use is strictly prohibited. Nothing in these terms grants you the right to use, copy, register as a domain name, reproduce, or display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information belonging to eWebify.
Subject to your ongoing compliance with these Terms, eWebify grants you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge that no ownership rights in any material protected by intellectual property laws are transferred to you.
If you subscribe to software offered by eWebify via the Website, we provide you a revocable, limited, non-exclusive, non-sublicensable, non-transferable license to use the software. You acknowledge that: (1) the software is copyrighted material under U.S. and international laws, owned exclusively by eWebify; (2) you do not gain any ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works of the software content; (4) except as expressly permitted under copyright law, you may not copy, redistribute, publish, display, or exploit any material from the software without eWebify's written permission; and (5) any permitted copying (e.g., from the Website to your computer system) must not alter or remove author attribution, trademark, legend, or copyright notice.
You agree not to use or attempt to use the Website or any software provided by eWebify, either alone or in conjunction with other software or hardware, in any unlawful or harmful manner toeWebify. Furthermore, you agree not to commit or attempt any harmful or unlawful acts on or through the Website or through the use of any software or hardware. This includes, but is not limited to:
Prohibited or Harmful Acts: Engaging in unethical business practices, violating the law, harming eWebify’s reputation, hacking, scraping, copying content without permission, introducing malicious code, interfering with the Website’s security or operation, framing or mirroring the Website, creating competitive intelligence, infringing intellectual property rights, intercepting data, and violating the rights of eWebify or third parties.
Spamming and Unsolicited Communications: We strictly prohibit spamming and unsolicited communications. You must ensure that all business communications comply with relevant anti-spamming laws.
Offensive Communications: Avoid communications that are explicit, offensive, defamatory, misleading, or encourage unlawful behavior.
Sensitive Information: Do not upload sensitive personal, health, or financial information to the Website.
Illegal Business Activity: Refrain from promoting illegal activities, infringing intellectual property rights, or engaging in harmful business practices.
In addition to the above, eWebify requires adherence to best practices for sending electronic communications:
Use permission-based marketing lists and include an “unsubscribe” mechanism.
Respond promptly to opt-out requests.
Do not send communications to addresses from purchased or rented lists.
Avoid spamming and disguising the origin or content of electronic communications.
You must conduct all your business activities in compliance with all applicable laws, whether using EWebify’s services or otherwise.
EWEBIFY CONTENT RESTRICTIONS: You are prohibited from using any content generated by EWebify in a way that infringes or violates rights, reverse engineering the content, using content to develop competing models or systems, misrepresenting the content's origin, or using the content in violation of applicable laws.
AI Terms and Conditions
These AI terms and conditions ("AI Terms") are entered into by and between EWebify LLC ("EWebify") and govern the use of the artificial intelligence ("AI") features available through the Platform ("AI Tools"). These AI Terms are an integral part of the EWebify Customer Agreement ("Agreement"), with terms used but not defined herein having the same meaning as defined in the Agreement.
Acceptance of the AI Terms
BY USING THE AI Tools, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE AI TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO ENTER INTO THESE AI TERMS AND, IF ACTING ON BEHALF OF AN ORGANIZATION OR COMPANY, HAVE THE LEGAL AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS.
You acknowledge and understand that OpenAI's Terms of Service govern the use of the AI Tools and are available at their respective links.
EWebify grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use the AI Tools, subject to your compliance with applicable laws and these AI Terms. The AI Tools is optional and not integrated by default in EWebify's Services and Platform.
The output generated by the AI Tools ("Output") and the processed data ("Input") are collectively referred to as "Content". You are solely responsible for ensuring that the Content complies with applicable laws and these AI Terms. You retain ownership of the Input and are granted rights to the Output. The Content may be used for any legal purpose, including commercial use, at your own risk.
EWebify does not guarantee the accuracy of the Output. Given the probabilistic nature of AI, the Output may not accurately reflect the intended input. You are responsible for evaluating the Output's accuracy.
Acceptable Use Policy (AUP)
You agree not to misuse the AI Tools, including but not limited to:
- Misleading others about the Content's origin;
-Using the AI Tools to generate harmful or illegal content;
-Using the AI Tools for high-risk activities;
-Infringing on third-party rights;Attempting to discover the source code of the AI Tools;
-Using the AI Tools to develop competing products;
-Extracting data from the AI Tools in unauthorized ways.
Third-Party ProvidersThe AI Tools is provided by third-party providers like OpenAI. You understand that your Input may be used by these providers for model training and that these inputs may be reviewed by third parties. EWebify does not control or assume responsibility for Input usage by third-party providers.
EWEBIFY AND ITS THIRD-PARTY PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE AI Tools. EWEBIFY WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF THE AI Tools.
You may provide feedback to EWebify regarding the AI Tools. This feedback grants EWebify a license to use and incorporate the feedback into its services. You waive any moral rights in the feedback and acknowledge that it is provided without warranties of any kind.
SECTION 3 - OUR PRIVACY STATEMENT AND DATA PROCESSING ADDENDUM REGARDING YOUR PERSONAL INFORMATION
At eWebify LLC, we prioritize the privacy and protection of your personal information. The submission of your personal data through our website, www.ewebify.com, is governed by our comprehensive Privacy Statement. Additionally, for our customers and/or their end-users located in regions such as the European Union, United Kingdom, Brazil, or California, our Data Processing Addendum (“DPA”) is also applicable.
You can review our Privacy Statement and DPA at their respective links provided on our website. Please note, eWebify LLC reserves the right to periodically update or modify our Privacy Statement and DPA as needed, in our reasonable discretion. These documents are an essential part of our Agreement with you and are incorporated by reference, underscoring our commitment to your data's security and confidentiality.
SECTION 4 - USER ACCOUNT CREATION AND MANAGEMENT; CONFIDENTIALITY REQUIREMENTS; RESTRICTIONS ON THIRD-PARTY ACCOUNT MANAGEMENT
As a participant in eWebify LLC's services, setting up an individual account is a prerequisite. You assure that the details you submit during registration are both truthful and accurate, confirming your identity is genuine. The safeguarding of your account's password and login credentials is solely your responsibility. It is imperative that you do not share, delegate, or permit any third party to utilize your eWebify account or its access credentials.
Furthermore, as a user, you are entrusted with the confidentiality of sensitive information that eWebify LLC may disclose to you. This includes, but is not limited to, technical data, pricing strategies, business plans, and information regarding other eWebify LLC users or their clientele.
SECTION 5 - PROCEDURES FOR PLACING ORDERS AND ORDER ACCEPTANCE POLICY
When you place an order for a product or service with eWebify LLC, we require payment to be completed before we can process your order. Should there be any missing or incorrect information in your order, we reserve the right to request additional details or to cancel or limit the order at any point after its submission. It is important to understand that receiving an electronic or any other form of confirmation of your order does not constitute our formal acceptance of your order. To modify or cancel an order that is pending, you should contact us immediately at [eWebify’s customer support email]. However, we cannot assure the modification of your order as per your specific requests.
Availability is a key factor for all our products and services. In cases where an item is unavailable, we will inform you about its expected availability and may suggest alternative products or services. If you decide against a substitution and the availability of your chosen product or service is delayed, you can request order cancellation. In such instances, if payment has already been processed, we will issue a full refund for that particular order. We also reserve the right to restrict sales of our products and services to any individual, region, or jurisdiction, a decision we may make at our sole discretion on a case-by-case basis.
Your commitment to purchasing products and services is contingent upon your reconfirmation of agreement to these Terms.
Please note that all listed prices and payments are to be made in U.S. Dollars.
SECTION 6 - RETURN AND REFUND POLICY FOR PHYSICAL PRODUCTS
If you purchase a physical item (such as a book or any tangible merchandise) from eWebify LLC or any of our associated brands, you are eligible for a limited refund under the following conditions (unless specified otherwise):
Refund Request: You must formally request a refund by writing to [eWebify’s Support Email]. This communication must be initiated within thirty (30) days from the date of your purchase.
Product Return: Upon requesting a refund, you are obliged to return the physical product to eWebify LLC promptly. Detailed instructions regarding shipping and other related procedures will be provided via email after your refund request is received.
Condition of Goods: The returned item must be in a condition that is deemed 'like-new' or suitable for resale, as judged at the sole discretion of eWebify LLC.
SECTION 7 - TRIAL PERIODS, AUTOMATED SUBSCRIPTION RENEWALS, AND TERMINATION PROCEDURES
eWebify LLC may provide a complimentary trial period for our services, commencing immediately upon your registration and lasting for the duration specified on the Website at your registration time. These trial offers are exclusively available to new eWebify LLC subscribers for the specified durations on the Website. Individuals who have previously subscribed to eWebify LLC or have already utilized a trial offer are ineligible for additional trial periods.
We may or may not send you a notification email at least 7 days before the conclusion of your trial period. If you decide not to continue with a subscription post-trial, you must notify us at least 24 hours before the trial period’s expiration. This can be done by sending a cancellation request to eWebify or by canceling directly through your Account Dashboard, as outlined on our website. Failing to cancel at least 24 hours before the trial period ends will result in the automatic continuation of your subscription and your payment card (provided at the time of online enrollment) will be charged the full monthly subscription fee specified at enrollment. This fee is subject to change, and any changes will be communicated via email, along with an option for you to cancel.
To cancel your eWebify LLC subscription (including any service subscriptions) post-trial or after a discounted period, submit your cancellation request via [eWebify’s Support Email] or through your Account Dashboard. Monthly subscriptions (including service subscriptions) require a minimum of ten (10) days' cancellation notice via email. Failure to provide this notice at least ten (10) days before your next subscription month may result in your card being charged. No proration of the last month’s use or refunds for payments will be made. For annual subscriptions, the same ten (10) day notice period applies. Cancellation within ten (10) days of your next subscription year may still lead to your card being charged. However, if you cancel before your year ends, we will offer a credit for other eWebify LLC subscription services. eWebify LLC reserves the right to apply a cancellation fee equivalent to any subscription discount you received.
SECTION 8 – TERMS OF SUBSCRIPTION AND RECURRING PAYMENTS
As a subscriber to eWebify LLC's services, it is your responsibility to ensure timely payment of all dues associated with your monthly subscription, as per these Terms. The initial fee is required at the time of account setup, and monthly fee payments are essential for continued access, following the end of any free trial period (assuming the automatic subscription hasn't been canceled). Each month, your account will incur charges equivalent to the subscription fee, plus any applicable taxes for the upcoming month, and any other accrued fees (collectively, “Fees”). Non-utilization of eWebify LLC's services does not exempt you from fulfilling your financial obligations under these Terms.
Payment options include credit or debit cards. We gather payment details using a secure financial data collection mechanism. You recognize and accept that we retain transactional data, including the card's last four digits and expiration date, and the due dates for payment. You also agree to the recurring billing nature of the service, as per the payment terms of the purchased service, thus authorizing the automated payment collection as specified (for instance, monthly payments of a set amount). If there's a failure in processing your monthly subscription payment, we may, at our discretion, charge a lesser amount to “pause” your account while we contact you for updated payment information.
IF YOU ARE AN EWEBIFY LLC USER WITH A SUBSCRIPTION AND HAVE PROVIDED A VALID PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED ON THE SCHEDULED PAYMENT DATE AND CHARGED TO THE PROVIDED PAYMENT METHOD. IF WE FAIL TO PROCESS THE FULL PAYMENT, WE MAY REDUCE THE CHARGE TO MAINTAIN YOUR ACCOUNT IN A PAUSED STATE. TO CANCEL YOUR SUBSCRIPTION, YOU CAN DO SO VIA YOUR ACCOUNT DASHBOARD OR BY CONTACTING eWebify AT LEAST TEN (10) DAYS BEFORE YOUR NEXT SUBSCRIPTION CYCLE BEGINS.
eWebify LLC reserves the right to immediately terminate an account and/or service for any unpaid periods of the subscription, at our discretion. Termination does not relieve or exempt you from paying any outstanding charges. In cases where eWebify LLC initiates collection processes, you will be responsible for all related costs, including legal fees and expenses. In addition to the Fees, eWebify LLC may charge applicable taxes, such as value-added tax.
SECTION 9 – HANDLING AND DELIVERY CHARGES
For any physical products dispatched by eWebify LLC, as indicated on our Website at the time of your purchase, we may apply additional charges for shipping and handling to your order. Our commitment is to make every reasonable effort to process and dispatch your order promptly after receiving a correctly filled and verified order. It is vital to provide a precise shipping address and contact number to ensure smooth delivery.
While we may offer estimated delivery times or dates, these are provisional and subject to change based on various factors. In the event of any delay in processing your order, we will endeavor to notify you via the email address you supplied at the time of the order. If we cannot reach you or if you wish to cancel your delayed order, we will proceed with the cancellation and issue a full refund of the charged amount.
eWebify LLC is not responsible for any loss, damage, cost, or expense arising from delays caused by external shipping carriers or delivery services not under our direct control. Once we hand over the items to any such third-party carrier, the risk of loss and ownership transfer to you.
SECTION 10 – AVAILABILITY AND PRICING OF PRODUCTS AND SERVICES ON OUR WEBSITE
The range of products, services, and their respective prices are typically listed on our Website, but please be aware these are subject to change. Occasionally, eWebify LLC may offer specialized services, such as exclusive membership programs, detailed at the time of offering but still governed under this Agreement. We may also provide additional products and services via other websites under our management; these too are subject to these terms. We reserve the right to cease offering certain products or services, or to change specifications and prices without incurring obligations to you. Any changes to your subscription or purchases will be effective after we notify you via email.
Joining our exclusive programs, like membership clubs or communities, does not include additional expenses such as travel or lodging, which remain your responsibility on top of the program fees. You acknowledge that the content and materials provided in these services are confidential and proprietary to eWebify LLC. Therefore, you agree not to share any acquired knowledge or materials from these services with others.
Any changes in pricing will be effective from the first day of the month following the announcement of the change. By continuing to use our services, including after placing an order on our Website, you authorize eWebify LLC to bill your account for the selected services, including any future price changes. If you opt for a downgrade in services, the new, lower pricing will be effective from the first month after your request. Continued use of eWebify LLC's services implies your acceptance of these terms and consent to any price changes after receiving email notification.
While we strive to ensure that prices listed on our Website are accurate and the descriptions of our products and services are reliable, there may be instances where discrepancies occur. If the actual price of a product or service is higher than the stated price, we may, at our discretion, contact you for further instructions or cancel your order and inform you of such cancellation.
Please note that product and service descriptions on our Website are not guaranteed as completely accurate, current, or error-free, and the actual product you receive may differ from its packaging or description. All sales are considered final. Descriptions or references to non-eWebify LLC products or services on our site do not imply endorsement or constitute a warranty by eWebify LLC.
SECTION 11 – DISCLAIMER - NO GUARANTEED RESULTS FOR YOUR BUSINESS
We acknowledge that each online business is distinctive, with its own strategic approach, structure, and a unique array of products and services. As a result, individual outcomes can significantly differ from one business to another. THE PERFORMANCE AND SUCCESS OF YOUR BUSINESS WILL DEPEND ON MULTIPLE PERSONAL FACTORS, including, but not limited to, your marketing strategies, business model, content quality, and the nature of your products and services.
eWebify LLC does not assure, guarantee, or make any representations regarding the potential success, income, or sales of your business. Purchasing our products or services grants access to tools, software, leads, advice, communities, etc that are designed to assist in building your business. Nonetheless, we do not guarantee success or specific outcomes due to the numerous external factors beyond our control. The tools and software we provide may or may not align with your business needs, and there's a possibility that you might not recover your initial investment.
Our offerings are not akin to a business opportunity, a “get rich quick” scheme, a guaranteed system, a franchise model, or a complete business package. Our products and services should be purchased with the understanding that their utilization requires time, effort, and may be suitable in certain circumstances but not in others. We do not make claims about potential earnings, effort levels required, returns on investment, or that our offerings will generate a specific monetary outcome for your business.
It's also important to note that eWebify LLC does not offer tax, accounting, financial, or legal advice. You are advised to consult with your business's accountant, lawyer, or financial consultant for professional guidance in these areas.
SECTION 12 – DUTIES AND LEGAL COMPLIANCE IN YOUR BUSINESS OPERATIONS
You affirm and guarantee that your business is legally compliant and in good standing. You also confirm that there are no ongoing or impending government inquiries or legal actions against you or your business. Furthermore, you commit to using eWebify LLC’s products and services strictly for lawful purposes, ensuring that they are not employed for any illegal or harmful activities, either alone or in conjunction with other software, hardware, or services. It is your sole and absolute responsibility to adhere to all relevant laws and regulations related to your business operations. This includes, but is not limited to, regulations governing advertising, marketing, subscriptions, refunds, promotional offers, taxation, and any other laws pertinent to your business.
You are obligated to inform eWebify LLC immediately if any legal investigation or lawsuit is threatened or initiated against your business. In such cases, eWebify LLC reserves the right to terminate this Agreement without any liability. eWebify LLC bears no responsibility for any legal breaches you commit. You are exclusively responsible for the collection and reporting of all sales, use taxes, and other applicable taxes related to your business transactions, including taxes on voluntary customer donations.
eWebify LLC is not obligated to collect or report any taxes applicable to your business or sales. Should your business violate any law resulting in a claim against eWebify LLC, you agree to provide indemnification.
SECTION 13 – REWARDS PROGRAM AND INDEPENDENT EWEBIFY AFFILIATE PROGRAM
eWebify LLC may extend an invitation to participate in its independent affiliate program (“Affiliate Program”), where you have the chance to earn commissions on eWebify LLC accounts you help sell to other users. This is contingent on your acceptance of the terms outlined in the eWebify LLC Affiliate Agreement (the “Affiliate Agreement”). We reserve the exclusive right to decide the compensation each Affiliate earns for their sales efforts. Specific details regarding affiliate commissions are elaborated in the Affiliate Agreement. It is important to clarify that Affiliates are independent contractors, not employees or agents of eWebify LLC. They do not possess any authority to represent or commit eWebify LLC in any capacity. Affiliates are solely responsible for all their incurred costs and expenses.
SECTION 14 – HANDLING OF USER-SUBMITTED CONTENT AND FEEDBACK
eWebify LLC greatly values feedback and comments from our users and customers about our products and services. We may utilize testimonials and/or product reviews, in part or in whole, along with the submitter's name, city, and state. These testimonials may be employed in various activities related to eWebify LLC's products and services, in both printed and online formats, as decided at eWebify LLC's sole discretion. It's important to note that these testimonials represent individual experiences and may not necessarily mirror your own experience or results with our products and services.Your business results can vary widely due to numerous factors specific to your business and external market conditions beyond our control. Any testimonials, photos, videos, audio or other information you provide to us will be considered non-confidential and non-proprietary. By submitting them, you grant eWebify LLC a royalty-free, worldwide, perpetual, non-exclusive, and irrevocable license to use this content.
eWebify LLC reserves the right to make grammatical and typographical corrections, truncate testimonials for clarity or brevity before publication or usage, and to review all submitted testimonials before they are used. We are not obligated to use any submitted testimonial or review.
Should you voluntarily provide your mobile phone number through any website owned by eWebify LLC, you are giving your consent to receive both automated and manual text messages from us regarding our products, services, and events. Consent can be withdrawn at any time by replying “STOP” to a text message from eWebify LLC. This is the agreed-upon method for opting out of receiving text messages from us. Standard messaging and data rates may apply.
SECTION 15 – LEGAL COMPLIANCE AND COMMITMENT TO ETHICAL CONDUCT
As a user and/or Affiliate of eWebify LLC, you are required to adhere to all applicable laws, both within the United States and internationally. This includes, but is not limited to, laws related to deceptive advertising, email marketing regulations such as the federal CAN-SPAM Act, data protection legislations like the European Union General Data Protection Regulation, U.K. Data Protection Act, California Consumer Privacy Act, and Brazilian General Data Protection Regulation, telemarketing laws including the federal Telephone Consumer Protection Act and the Federal Trade Commission’s Telemarketing Sales Rule, regulations governing testimonials as per the Federal Trade Commission’s Revised Endorsements and Testimonials Guides, along with laws concerning intellectual property, privacy, security, anti-terrorism, anti-corruption, child protection, and import/export regulations. You bear the sole responsibility for ensuring compliance with all these laws, rules, regulations, and court orders applicable to your business and any recipients you contact using our products or services.
In using any messaging software, whether provided by eWebify LLC or a third party, you must follow all relevant legal requirements for sending messages, including the federal Telephone Consumer Protection Act. You also agree to indemnify and defend eWebify LLC from any claims, damages, losses, or lawsuits arising from your violation of laws or third-party rights through the use or misuse of any messaging software or hardware. Be aware that eWebify LLC does not control and is not responsible for the functionality or failures of third-party software, including Facebook, Facebook Messenger, and internet browser notifications. eWebify LLC does not guarantee compatibility of its messaging software with third-party software.
YOUR USE OF ANY MESSAGING SOFTWARE AND/OR HARDWARE IS ENTIRELY AT YOUR OWN RISK AND RESPONSIBILITY. eWebify LLC is not liable for any consequences arising from such use.
SECTION 16 – LIMITATION OF WARRANTIES
WHERE NOT CONTRADICTED BY LAW:
eWebify LLC provides its website and all related content on an “as is” and “as available” basis, without any kind of warranties, either express or implied. This includes, but is not limited to, the absence of implied warranties of title, merchantability, or fitness for a particular purpose. We explicitly disclaim any and all representations and warranties regarding the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of any information on our website. Further, we expressly disclaim that: (A) the use of our website or any associated software will be secure, uninterrupted, error-free, or compatible with other hardware, software, or systems, (B) the website, software, or services will align with your needs or expectations, (C) any stored data will be accurate or reliable, (D) the quality of any products, services, software, information, or other materials obtained through the website will meet your expectations, (E) errors or defects on the website will be corrected, or (F) the website or its hosting servers are free of viruses or other detrimental components. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, and non-infringement of third-party rights, are disclaimed to the fullest extent permitted by law.
Users engaging with any of our website(s) that are in a beta-testing phase or a similar pre-launch or trial stage expressly acknowledge potential inadequacies or incomplete vetting of full security protocols. By using any such website(s), you assume all risks associated with potential data breaches and agree to defend, indemnify, and hold harmless eWebify LLC from all claims and disputes arising from such usage.
SECTION 17 – LIMITATION OF LIABILITY
WHERE NOT PROHIBITED BY APPLICABLE LAW:
In no event will eWebify LLC, or its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and/or agents, be liable for any indirect, special, incidental, exemplary, consequential, punitive, or other damages, fees, costs, or claims arising from or related to this Agreement, including the Privacy Statement and DPA, the services or products provided, or your or any third party's use or attempted use of the website or any software, service, or product. This limitation of liability applies even if eWebify LLC has been advised of the possibility of such damages, fees, costs, or claims. This includes, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services or products, or any other indirect, special, incidental, punitive, consequential, or other damages. This applies regardless of the alleged cause of damages and under any theory of liability, whether in contract, tort (including negligence and strict liability), warranty, or otherwise.
eWebify LLC’s liability to you or your business shall not exceed the greater of three (3) times the payments paid by you to eWebify LLC for the month preceding the date on which the facts giving rise to a claim against eWebify LLC occurred, or two thousand dollars ($2,000).
SECTION 18 – RESOLUTION OF DISPUTES VIA MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS' RIGHTS AND OBLIGATIONS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY FUTURE DISPUTES OR CLAIMS BETWEEN YOU AND eWEBIFY LLC WILL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND CONFIDENTIAL BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY. THE RIGHTS YOU WOULD POSSESS IN COURT, SUCH AS BROAD DISCOVERY RIGHTS AND THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR EVEN UNAVAILABLE. YOU AGREE THAT CLAIMS WILL BE BROUGHT INDIVIDUALLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
IN ARBITRATION, THERE IS NO JUDGE OR JURY AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR, HOWEVER, CAN AWARD INDIVIDUAL DAMAGES AND RELIEF SIMILAR TO A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THE TERMS OF THESE AGREEMENTS AS A COURT WOULD.
For any dispute, we encourage you to first contact us to attempt informal resolution. Any dispute that cannot be resolved informally or through negotiation within 120 days shall be resolved by binding arbitration administered by a recognized arbitration association, with judgment on the award potentially entered in any court having jurisdiction. This agreement to arbitrate extends to any claims against eWebify LLC and its affiliates. The arbitration shall be conducted in English in a mutually agreed location, or by telephone if agreed by both parties. The arbitrator shall be selected in accordance with the rules of the arbitration association and shall have the authority to resolve disputes related to the enforceability of this arbitration provision.
All filing, administration, and arbitrator fees will be governed by the arbitration association's rules. Each party will bear their own additional costs and expenses, including legal fees.
The arbitrator shall apply the substantive law of the State in which eWebify LLC is headquartered, excluding conflict of law rules. Any award shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court with proper jurisdiction.
Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitration or proceeding. Both parties waive any right to pursue any class or representative action against each other.
Failure to enforce this arbitration agreement at any time, with any claim, does not waive our right to demand arbitration at a later time or with subsequent claims, except that all claims must be brought within one year after they arise.
This arbitration provision is enforceable under and governed by the Federal Arbitration Act.
This provision survives termination of your account or relationship with eWebify LLC, bankruptcy, assignment, or transfer. If the class action waiver is found unenforceable, then the entirety of this arbitration provision shall become null and void.
BY AGREEING TO THESE TERMS, YOU AND YOUR BUSINESS WAIVE THE RIGHT TO LITIGATE IN COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PART OF A CLASS OR REPRESENTATIVE ACTION, AND INSTEAD ACCEPT THE USE OF BINDING ARBITRATION.
SECTION 19 – EWEBIFY LLC’S ENFORCEMENT RIGHTS
To prevent or mitigate any potential irreparable harm to eWebify LLC, in instances where you breach or threaten to breach this Agreement's terms, or in cases of intellectual property infringement or threatened infringement (either of eWebify LLC's or a third-party's), eWebify LLC retains the right to seek immediate legal recourse. This includes obtaining temporary restraining orders, as well as preliminary and permanent injunctions or other forms of equitable relief from a court of competent jurisdiction situated in the region where eWebify LLC is headquartered.
This Agreement does not limit eWebify LLC’s ability to seek other legal remedies in court, including but not limited to, the pursuit of monetary damages from you and your business for such breach or infringement. By agreeing to this Agreement, you and your business irrevocably consent to the exclusive personal jurisdiction and venue of the courts in the region where eWebify LLC is headquartered for addressing any such claims, and you irrevocably waive any right to challenge the jurisdiction or venue of these courts.
SECTION 20 – YOUR OBLIGATION TO INDEMNIFY
In accordance with the maximum extent allowed by applicable law, you are obligated to defend, indemnify, and hold harmless eWebify LLC, including its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents, from all claims, actions, losses, liabilities, damages, expenses, demands, and costs, including but not limited to legal fees and costs associated with litigation or dispute resolution. This indemnification responsibility arises from or is related to any of the following: (1) your use, misuse, or attempts to use the Website, software, products, or services; (2) the information you submit or transmit via the Website; (3) your violation of these Terms, any documents incorporated by reference, the Agreement, or any representations and warranties made by you under this Agreement; or (4) your infringement of any law or the rights of a third-party.
SECTION 21 – PROCEDURES FOR COPYRIGHT COMPLAINTS AND COUNTER-NOTICES
Should you believe that any material or content on our Website infringes a copyright that you hold, you or your authorized agent can inform eWebify LLC with a notice requesting the removal of such material or content from the Website. Conversely, if you feel that a copyright infringement notice has been erroneously filed against you, you are entitled to submit a counter-notice to eWebify LLC.
All such notices and counter-notices should be directed to eWebify LLC's Legal Department at 105 Depot Ct. Peachtree City, GA 30269.
These Terms encompass the DMCA Policy by full reference.
SECTION 22 – LINKS TO EXTERNAL SITES
Our Website may feature links to external websites. eWebify LLC does not assume any responsibility for the content, practices, or functionality of any non-eWebify LLC website linked from our site. For more information on this, please refer to our Privacy Statement.
SECTION 23 – AGREEMENT TERMINATION TERMS
This Agreement becomes effective when you engage with our Website by actions such as clicking on "ACTIVATE MY ACCOUNT NOW," "PAY NOW," "ORDER NOW," "SUBMIT," "BUY NOW," "PURCHASE," "I ACCEPT," "I AGREE," or similar links or buttons, providing information through the Website, responding to information requests, initiating installation or usage of the Website, completing a purchase, selecting a payment method, or entering payment information, whichever occurs first.
eWebify LLC reserves the right, at our sole discretion, to terminate this Agreement or suspend your access to the Website without prior notice if we believe or suspect you have not complied with any term or provision of this Agreement or if you have violated any law, whether related to your use of eWebify LLC or otherwise.
Sections in this Agreement, along with any other representations, warranties, or obligations made or undertaken by you, shall continue to be enforceable even after the termination of this Agreement and/or your account or relationship with eWebify LLC. Post-termination, you are still liable for any pending payments owed to eWebify LLC.
SECTION 24 – NON-WAIVER OF RIGHTS
eWebify LLC's failure or delay in exercising any right, power, or remedy under this Agreement does not constitute a waiver of that or any other right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy provided in this Agreement. A waiver of any term or condition of this Agreement is only effective if it is in writing and signed by an authorized representative of eWebify LLC.
SECTION 25 – APPLICABLE LAW AND JURISDICTION
This Agreement, and any issues or disputes arising from or related to this Agreement, your access to or use of the Website, our Privacy Statement or DPA, or any matter concerning eWebify LLC, including the purchase and use (or attempted use) of any service or product, shall be governed exclusively by the laws of the State in which eWebify LLC is headquartered, without regard to its conflicts of law principles. Should any claim or dispute be found by an arbitrator (or, where appropriate, a court of competent jurisdiction) to fall outside the arbitration agreement in, such claims or disputes shall be exclusively brought in and decided by the state or federal courts located in the jurisdiction where eWebify LLC is headquartered. By agreeing to these terms, you irrevocably consent to the exclusive personal jurisdiction and venue of these courts and waive any objection to such jurisdiction or venue. All claims must be brought individually and not on a class-wide or representative basis.
SECTION 26 – EXEMPTION FOR FORCE MAJEURE
eWebify LLC shall not be liable for any delay, damage, or failure caused by forces beyond our reasonable control, including but not limited to acts of nature, riots, labor disputes, or disturbances, material shortages, power outages, and government restrictions.
SECTION 27 – ASSIGNMENT OF AGREEMENT
eWebify LLC reserves the right to assign its rights under this Agreement at any point without prior notification to you. Your rights under this Agreement cannot be transferred or assigned without the express written consent of eWebify LLC or its assigns.
SECTION 28 – ELECTRONIC COMMUNICATIONS
Any interaction or communication that occurs through the Website or via electronic means like email constitutes an electronic communication. By engaging with eWebify LLC electronically, you consent to receiving communications from us in a similar electronic format, and agree that all electronic interactions, notices, disclosures, agreements, and other communications are equivalent to their written counterparts and will have the same legal effect.
SECTION 29 – AMENDMENTS TO THE AGREEMENT
The most current version of the Terms is always accessible at www.ewebify.com/terms-conditions. eWebify LLC has the discretion to modify or update any part of this Agreement, including the Privacy Statement or DPA, by posting changes on our Website. It is your responsibility to periodically review our Website for changes. Continued use of or access to our Website after any changes indicates your acceptance of those modifications.
SECTION 30 – YOUR REPRESENTATIONS AND WARRANTIES
You affirm that: (1) you are at least eighteen (18) years of age or of legal age in your jurisdiction; (2) you have the right to represent and bind the business using the Website; (3) you have read and fully understand this Agreement; (4) you will not resell, redistribute, or export any product or service obtained from the Website. You acknowledge that eWebify LLC may rely on information provided by you and may contact you or your business for various purposes, including but not limited to follow-up calls and satisfaction surveys.
You also represent that there are no ongoing or impending legal actions or government investigations against you or your related business. Should any such situations arise, you agree to notify eWebify LLC within 24 hours. eWebify LLC, at its discretion, may terminate this Agreement based on any such legal matters without any obligation to you.
SECTION 31 – SEVERABILITY
If any part of this Agreement is deemed invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining provisions will remain effective. The invalid or unenforceable provision may be modified or severed to the extent necessary to render it enforceable and consistent with the rest of the Agreement.
SECTION 32 – COMPREHENSIVE AGREEMENT
These Terms, along with the Privacy Statement, DPA, and any policies or rules posted by eWebify LLC on the Website, constitute the entire agreement between you, your business, and eWebify LLC. This Agreement supersedes all previous agreements, communications, and proposals, and governs your access to and use of the Website, including any future services or features offered. In case of any ambiguity in these Terms, the interpretation shall not be construed against the drafting party. Translations of these Terms are provided for convenience only, and the English version shall prevail.