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Policies, Terms and Conditions
Privacy Policy Personal information In general, you can visit Advanced Commerce Solutions on the Web without telling us who you are and without revealing any information about yourself. There are times, however, when we or our partners may need information from you. You may choose to give us personal information, such as your name and address or e-mail id that may be needed, for example, to correspond with you, to process an order or to provide you with a subscription. It is our intent to let you know how we will use such information before we collect it from you on the Internet. If you tell us that you do not want us to use this information as a basis for further contact with you, we will respect your wishes. Information security and quality
We will make a sincere effort to respond in a timely manner to your requests to correct inaccuracies in your personal information. To correct inaccuracies in your personal information please return the message containing the inaccuracies to the sender with details of the correction requested. Protecting Transactions by Secure Sockets Layer (SSL):
You can tell when you’re in a secure environment by the following signs: the URL to the left of the colon changes from "http" to "https" to symbolize that this site is using SSL technology and all SSL capable browsers display a symbol (usually a complete Key or Closed Lock) when operating in a secure environment. For additional security, we process your payment and order information on machines that are not on the Internet. After your transaction is complete, we safely discard your credit card information
Web Hosting Advanced Commerce Solutions offers a 30 day money back guarantee on all our web hosting accounts. A cancellation notice and refund request must be submitted in writing within 30 days of installation and setup. Web Design
eConstruct!® Sales
Product Bundles include the current full versions of the listed software. All products listed are full electronic versions available for immediate download upon order confirmation. After confirmation, you will receive download instructions via email. Product boxes are for illustration only.
Important Notice This Agreement is a legal contract, which specifies the terms of the custom tag (and all files associated with it) limitation between you and Advanced Commerce Solutions. Installation or use of the eConstruct!® custom tag, and all files associated with it indicates your acceptance of the license and warranty limitation terms contained in this Agreement. You should carefully read the following terms and conditions before downloading or using the custom tag. Not Commercial Software THE CUSTOM TAG SUBJECT TO THIS AGREEMENT IS NOT COVERED BY ANY OTHER WARRANTY CONTAINED IN ANY OTHER LICENSE AGREEMENT BETWEEN YOU AND Advanced Commerce Solutions. Advanced Commerce Solutions HAS PERFORMED NO QUALITY ASSURANCE TESTING. Limited License to Use and Distribute You may install one copy of the custom tag. You may not copy and redistribute this custom tag. No Additional Licenses This Agreement does not authorize you to use Advanced Commerce Solutions's names or trademarks or the fact that you are using the Custom Tag for any publicity or marketing or other activities. You acknowledge and agree that all right, title and interest in and to the Custom Tag belongs to Advanced Commerce Solutions. You do not derive and will not be able to assert any title or interest in the Custom Tag other than the rights and licenses granted under this Agreement. You may not modify, translate, de-compile, disassemble or reverse engineer the Custom Tag. You acknowledge and agree that you do not receive any rights to patents, copyrights, trademarks or any other rights or licenses belonging to Advanced Commerce Solutions beyond those expressly granted in this Agreement. Risk of Use You understand that the Custom Tag may have errors and may produce unexpected results. You agree that any use of the Custom Tag will be entirely at your own risk. No Warranty THE CUSTOM TAG IS PROVIDED "AS IS" AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. Advanced Commerce Solutions SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Limitation on Liability IN NO EVENT WILL Advanced Commerce Solutions BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM IMPAIRED OR LOST DATA, SOFTWARE OR COMPUTER FAILURE OR ANY OTHER CAUSE, EVEN IF Advanced Commerce Solutions IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM BY YOU OR FOR ANY THIRD PARTY CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THIS LANGUAGE MAY NOT APPLY. IN SUCH CASE, Advanced Commerce Solutions'S LIABILITIES WILL BE LIMITED BY THE ABOVE LIMITATION OF REMEDIES PROVISION. Miscellaneous The internal laws of the state of California controls this Agreement if you are located in the United States or in any country other than Canada; the laws of the Province of Ontario shall control if you are located in Canada. This Agreement is the complete agreement between you and Advanced Commerce Solutions Corporation concerning the Custom Tag. The failure or delay of Advanced Commerce Solutions to exercise any of its rights under this Agreement or upon any breach of this Agreement is not a waiver of those rights or of the breach.
Important Notice This Agreement is a legal contract, which specifies the terms of the custom tag (and all files associated with it) limitation between you and Advanced Commerce Solutions. Installation or use of the eConstruct!® custom tag, and all files associated with it indicates your acceptance of the license and warranty limitation terms contained in this Agreement. You should carefully read the following terms and conditions before downloading or using the custom tag. Not Commercial Software THE CUSTOM TAG SUBJECT TO THIS AGREEMENT IS NOT COVERED BY ANY OTHER WARRANTY CONTAINED IN ANY OTHER LICENSE AGREEMENT BETWEEN YOU AND Advanced Commerce Solutions. Advanced Commerce Solutions HAS PERFORMED NO QUALITY ASSURANCE TESTING. Limited License to Use and Distribute You may install one copy of the custom tag. Advanced Commerce Solutions grants to the LICENSEE a non exclusive royalty free license to distribute unlimited copies of the program as an integral part of APPLICATIONs owned and copyrighted by the LICENSEE, providing that each APPLICATION adheres to the following conditions: (a) the APPLICATION may not compete with the SOFTWARE, (b) the APPLICATION may not expose the functionality or content of the SOFTWARE through any interface, (c) the SOFTWARE must not constitute the bulk or majority of the APPLICATION's functionality, (d) the SOFTWARE is distributed in encrypted format within the APPLICATION, (e) all license and copyright information embedded within the SOFTWARE's files may not be removed or altered in any way. No Additional Licenses This Agreement does not authorize you to use Advanced Commerce Solutions's names or trademarks or the fact that you are using the Custom Tag for any publicity or marketing or other activities. You acknowledge and agree that all right, title and interest in and to the Custom Tag belongs to Advanced Commerce Solutions. You do not derive and will not be able to assert any title or interest in the Custom Tag other than the rights and licenses granted under this Agreement. You may not modify, translate, de-compile, disassemble or reverse engineer the Custom Tag. You acknowledge and agree that you do not receive any rights to patents, copyrights, trademarks or any other rights or licenses belonging to Advanced Commerce Solutions beyond those expressly granted in this Agreement. Risk of Use You understand that the Custom Tag may have errors and may produce unexpected results. You agree that any use of the Custom Tag will be entirely at your own risk. No Warranty THE CUSTOM TAG IS PROVIDED "AS IS" AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. Advanced Commerce Solutions SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Limitation on Liability IN NO EVENT WILL Advanced Commerce Solutions BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM IMPAIRED OR LOST DATA, SOFTWARE OR COMPUTER FAILURE OR ANY OTHER CAUSE, EVEN IF Advanced Commerce Solutions IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM BY YOU OR FOR ANY THIRD PARTY CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THIS LANGUAGE MAY NOT APPLY. IN SUCH CASE, Advanced Commerce Solutions'S LIABILITIES WILL BE LIMITED BY THE ABOVE LIMITATION OF REMEDIES PROVISION. Miscellaneous The internal laws of the state of California controls this Agreement if you are located in the United States or in any country other than Canada; the laws of the Province of Ontario shall control if you are located in Canada. This Agreement is the complete agreement between you and Advanced Commerce Solutions Corporation concerning the Custom Tag. The failure or delay of Advanced Commerce Solutions to exercise any of its rights under this Agreement or upon any breach of this Agreement is not a waiver of those rights or of the breach.
This Software Distribution Agreement ("Agreement") is made and effective this ___________________by and between Advanced Commerce Solutions, a California company ("Developer"), and ______________________ ("Distributor"). Developer has developed certain software it desires to distribute. Distributor is in the business of marketing and distributing software products. Developer and Distributor desire to arrange for Distributor to market Developer's software as set forth herein. NOW, THEREFORE, it is agreed: 1. Distribution of Software. A. Appointment. Subject to the terms of this Agreement, Developer appoints Distributor as a nonexclusive distributor for the following of Developer's software (the "Software"): eConstruct!® & eConstruct!® Site Control Panel. Distributor shall market copies of the Software supplied by Developer to customers for the purpose of creating and developing ecommerce web sites during the term of this Agreement. Distributor shall have no right to make copies of the Software. Distributor shall not distribute any copy of the Software without Developer's end-user software license agreement. Distributor agrees to abide by ‘non-disclosure’ agreement and not distribute software in open-source code format. B. Orders for Copies of Software. Any and all orders by Distributor for copies of the Software shall be pursuant to the terms and conditions of this Agreement. Such terms and conditions shall supersede any additional or conflicting terms or conditions contained in any purchase order or other communication from Distributor. Orders must be in writing, delivered in person, by mail, overnight delivery service or telecopier. Each order shall be for a minimum of one (1) units. C. New Versions. In the event that Developer releases a new version of any Software product during the term of this Agreement, Distributor may elect to purchase new versions at standard prices unless distributor previously purchased an upgrade subscription. Distributor shall not have the right to return any copies of the old version that have been sold by Distributor prior to release of the new version. D. Returns. No returns are accepted in any form or shape. E. Suggested Retail Price. Developer reserves the right to modify or change its prices without prior notice. F. Marketing Funds. There will be no marketing funds provided to Distributor. 2. Prices and Payment. A. Prices. For each copy of the Software ordered by Distributor, Distributor shall pay to Developer the price set forth on Advanced Commerce Solutions web site at http://www.e-securedsite.com. The prices shall be subject to change at Developer's sole option without prior written notice to Distributor. Distributor shall pay the amount of Developer's invoice. B. Taxes. Distributor shall pay, or reimburse Developer as appropriate, for any sales, use, excise, property, or other tax imposed upon the provision of the Software to Distributor and amounts paid by Developer hereunder. In no event shall Distributor be responsible for taxes based on Developer's income or for the privilege of doing business. 3. Term and Termination. A. Term. The "Initial Term" of this Agreement shall commence on the first date above and shall continue for a period of twelve (12) months, unless terminated earlier as provided herein. Either party may terminate this Agreement effective upon the end of the Initial Term by written notice to the other at least ninety (90) days prior to the end of the Initial Term. If not terminated at the end of the Initial Term, the Agreement shall automatically renew for successive periods of one (1) year each, unless terminated by either party at least ninety (90) days before the end of any renewal term. B. Termination. This Agreement may be terminated at any time: (i) by either party if there is a default of a material obligation which is not cured within thirty (30) days following notice from the non-defaulting party; (ii) by Developer if Distributor ceases to function as an ongoing concern or to conduct its operations in the normal course of business; or (iii) by Developer if Distributor shall become insolvent or bankrupt or Distributor shall make an assignment for the benefit of creditors or a trustee or receiver shall be appointed for Distributor. Except for a termination for cause, neither party shall be liable to the other or to any other person for any loss or damage occasioned by the termination of this Agreement as provided herein. 4. Non-disclosure Agreement. Distributor agrees not to modify or disassemble the program or accompanying online documentation, in whole or in part, except as expressly provided for in this agreement or upon Advanced Commerce Solutions prior written approval. In addition, Distributor agrees not to transfer, license or disclose the open source program or accompanying online documentation, in whole or in part, to any third party. Finally, you agree not to use the program or material and the accompanying online documentation, in whole or in part for any purpose other than as outlined in this agreement. 5. Disclaimer. EXCEPT AS PROVIDED IN THIS AGREEMENT, DEVELOPER DOES NOT MAKE AND DISTRIBUTOR DISCLAIMS, ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Developer provides a limited warranty to the end user of the Software as set forth in the license agreement that accompanies the Software. 6. Limitation of Remedies and Liability. A. Damages. IN NO EVENT SHALL DEVELOPER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF DEVELOPER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. B. Further limitation. In the event that any disclaimer of warranty or limitation of liability is found to be unlawful or inapplicable, or to have failed of its essential purpose, Developer's liability shall be limited to the amount paid by Distributor for the specific Software copy that caused such liability. C. Indemnification. Distributor agrees to indemnify and hold harmless Developer from and against any claim, loss, suit or damage, including reasonable attorney's fees and costs, arising out of any failure of Developer to perform any obligation in this Agreement or to properly deliver any Software to anyone purchasing from Distributor. D. Reliance. Developer is willing to license the Software to Distributor only in consideration of and in reliance upon the provisions of this Agreement limiting Developer's exposure to liability, such as are contained in this Section 5. Such provisions constitute an essential part of the bargain underlying this Agreement and have been reflected in the license fees and other consideration specified in this Agreement. 7. Maintenance and Support. Maintenance and support for the Software for the benefit of Distributor are not provided under this Agreement. 8. Notices. Any notice or other communication under this Agreement shall be deemed given if delivered in writing to the intended recipient either in person or mailed, certified or registered, postage prepaid, or by recognized overnight delivery service, to the intended recipient at the address specified herein: If to Developer: Advanced Commerce Solutions 5050 Laguna Blvd. #112-395 Elk Grove, CA 95758 If to Distributor: Your name and address... or such other address as a party may specify from time to time pursuant to this Section 7. 9. Governing Law. This Agreement shall be governed, construed and enforced according to the laws of the State of California. 10. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 11. Headings. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. 12. Severabilty. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. Signatures.....
Welcome to Advanced Commerce Solutions. To insure a safe, nonoffensive environment for all of our users, we have established our Terms of Use. It spells out what you can expect from us and what we expect from you. By accessing any areas of Advanced Commerce Solutions, users ("Users") agree to be legally bound and to abide by the terms set forth below. I. TRADEMARKS II. DISCLAIMERS AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY Advanced Commerce Solutions ON AN "AS IS" AND "AS AVAILABLE" BASIS. Advanced Commerce Solutions MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Advanced Commerce Solutions DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Advanced Commerce Solutions WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Advanced Commerce Solutions NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstances shall Advanced Commerce Solutions or any other party involved in creating, producing, or distributing Advanced Commerce Solutions be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use Advanced Commerce Solutions, including but not limited to reliance by a User on any information obtained from Advanced Commerce Solutions or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Advanced Commerce Solutions's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through Advanced Commerce Solutions. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. III. CONTENT a. PROPRIETARY RIGHTS IV. ONLINE CONDUCT User agrees to use Advanced Commerce Solutions only for lawful purposes. User is prohibited from posting on or transmitting through Advanced Commerce Solutions any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If Advanced Commerce Solutions is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User (e.g., free web space, free email, etc.), Advanced Commerce Solutions may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from Advanced Commerce Solutions. Advanced Commerce Solutions may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate Advanced Commerce Solutions; or (iii) to protect the rights or property of Advanced Commerce Solutions, its Users or Providers. Advanced Commerce Solutions reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Advanced Commerce Solutions, the communities that make up Advanced Commerce Solutions, or any rights of Advanced Commerce Solutions or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Advanced Commerce Solutions nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Advanced Commerce Solutions, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on Advanced Commerce Solutions. V. PRIVACY POLICY VI. TERMINATION OF USAGE VII. APPLICABLE LAW VIII. SEVERABILITY IX. CUSTOMER WEBSITE DATA X. RIGHTS OF SERVICE |
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