YOU ACKNOWLEDGE AND AGREE THAT, BY CREATING AN ACCOUNT, PURCHASING A PAID ACCOUNT, OR ACCESSING OR USING OUR SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE OUR SERVICES. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER AS DESCRIBED IN THE ARBITRATION SECTION BELOW. YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Ebundles Commerce reserves the right, in its sole discretion, to modify or replace this Agreement at any time. If we modify these Terms, we will post the modification on our site or provide you with notice of the modification on your Ebundles Commerce Account Details page. By continuing to access or use the Ebundles Commerce Services after the effective date of the modification, you are indicating that you agree to be bound by the modified Agreement. Customer agrees that it is Customer’s responsibility to check this Agreement periodically for changes and that its use of the Ebundles Commerce Services following the posting of any changes to this Agreement constitutes acceptance of those changes. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Ebundles Commerce Services.
(2)LICENSE TO SERVICES
Subject to the terms and conditions of this Agreement and payment of all Fees due hereunder, Ebundles Commerce grants Customer, and any other party agreed in an Order Form, a limited, revocable, non-exclusive, non-sublicensable, non-transferable right and license to use the Ebundles Commerce Services.
Ebundles Commerce shall provide Customer with non-transferable access credentials for the Ebundles Commerce Services. Customer shall not
(i) misrepresent or mask identities when using the Ebundles Commerce Services or seeking access credentials;
(ii) select or use as a username subject to any rights of a person or entity other than Customer without appropriate authorization;
(iii) select or use, as Customer’s username or Branded Short Domain, a name that is otherwise offensive, vulgar or obscene; or
(iv) exceed any access permitted by Ebundles Commerce. Customer shall safeguard all access credentials provided by Ebundles Commerce and shall ensure the confidentiality and security thereof. To the extent Customer is a corporate entity rather than an individual (1) only employees and contractors of Customer (“Personnel”) may use the Ebundles Commerce Services; (2) Customer shall require its Personnel to comply with all Laws and the use restrictions (including user seat restrictions) set out in the Agreement or otherwise prescribed by Ebundles Commerce and shall not share access credentials to exceed the user limitations of the service tier Customer has purchased; (3) Customer represents and warrants that its Personnel have the capacity and authority to enter into this Agreement; and (4) Customer acknowledges that it shall be fully responsible for any acts or omissions of its Personnel, whether authorized or unauthorized. Ebundles Commerce may update, refresh or change the manner of accessing the Ebundles Commerce Services in its discretion.
Ebundles Commerce may monitor Customer’s use of the Ebundles Commerce Services for compliance with the Agreement. If Ebundles Commerce observes the usage of Ebundles Commerce Services that it believes are not in compliance with the Agreement, Ebundles Commerce will notify the Customer and give the Customer five (5) business days to remedy its non-compliance. If Customer does not remedy its noncompliance within five (5) business days, Ebundles Commerce reserves the right to suspend or terminate Customer’s use of the Ebundles Commerce Services. Ebundles Commerce reserves the right to suspend Customer’s use of the Ebundles Commerce Services without notice in the event that it believes, in good faith, the security of Customer’s Ebundles Commerce account has been compromised, or the Customer’s Ebundles Commerce account is being used for an unlawful purpose. And may suspend or terminate Customer’s access to the Services without notice for violation of the Agreement.
Except for any Customer Content or Customer Services, Customer acknowledges and agrees that Ebundles Commerce is the sole and exclusive owner of all right, title and interest in and to the Ebundles Commerce Services and Ebundles Commerce Link Metrics and all related documentation, source code, tools, scripts, processes, techniques, methodologies, inventions, know-how, concepts, formatting, arrangements, visual attributes, ideas, database rights, copyrights, patents, trade secrets, and other intellectual property, and all derivatives, enhancements, modifications and improvements thereof (“Ebundles Commerce Materials”). Nothing in this Agreement or any other document shall be deemed to transfer ownership of the Ebundles Commerce Materials. Except for the limited license rights expressly granted herein, no rights to Ebundles Commerce Materials are granted hereunder and all rights in such Ebundles Commerce Materials are reserved.
Customer is not required to provide any suggestions, enhancement requests, recommendations or other feedback regarding the Ebundles Commerce Services or Ebundles Commerce Link Metrics (“Feedback”). However, if Customer does so, all right, title and interest in and to such Feedback shall be assigned to and shall become the sole and exclusive property of, Ebundles Commerce upon its creation.
(8)FURTHER CUSTOMER WARRANTIES
Customer further represents and warrants that (i) it has implemented or contractually required industry-standard security measures to help protect the security and integrity of, and prevent, unauthorized access to the Ebundles Commerce Services or Ebundles Commerce Link Metrics, Customer Content and Customer Services; (ii) it will not do anything that will make the Ebundles Commerce Services subject to any open source or similar license which creates an obligation to grant any rights in the Ebundles Commerce Services; (iii) it will not disrupt, disable, erase, alter, harm, damage, interfere or otherwise impair in any manner the Ebundles Commerce Services and (iv) Customer, Customer’s use of the Ebundles Commerce Services, the Customer Content and Customer Services will comply with all Laws and not violate or infringe upon any third party intellectual property, privacy or publicity rights.
Customer will defend, indemnify and hold harmless Ebundles Commerce, its parents, subsidiaries, affiliates and their employees, officers, directors, representatives, contractors, customers, business partners, successors and assigns (“Ebundles Commerce Indemnitees”) from and against any third party claims and actions, and resulting damages, liabilities and costs (including reasonable attorneys’ fees and expenses) incurred by Ebundles Commerce Indemnitees arising out of or directly or indirectly related to (a) the Customer Content, Customer Services or any other Customer products and services; (b) Customer’s acts and omissions hereunder, breach of this Agreement, or violation of Laws; and/or (c) any allegation of intellectual property, privacy or publicity infringement concerning Customer Content or Customer Services. Ebundles Commerce shall promptly notify Customer of any claim for which it seeks indemnification; provided, however, that any delay in providing notification shall not vitiate Customer’s indemnification obligations unless Customer is materially prejudiced thereby. Customer shall have sole control over the defence of any claim under this Section, except that Ebundles Commerce may approve any counsel used by Customer and that Ebundles Commerce may participate in the defence, at Customer’s cost. All settlements of indemnification claims require the consent of Ebundles Commerce.
(10) VENDOR AGREEMENT
- eBundles hereby grant To vendors a non-transferable, non-exclusive, revocable license to use this website, without the right to sublicense or encumber the website.
- eBundles agree to provide vendors with reasonable technical support from its trained staff during the term.
- The vendor shall not be permitted to deduct or set off any amount from or against any amount owing to eBundles hereunder
- The vendor agrees that the website shall reside on our server. During the license, eBundles shall make the website accessible to clients.
- eBundles do not represent or warrant to the vendor that the website will be accessible continually on an uninterrupted basis from the internet. In no event shall eBundles be liable for any damage(s) resulting from or relating to any failure or delay to provide access to the website from the internet.
- eBundles is not liable for protection or privacy of any electronic information transferred through the internet and the website.
- There must be an explicit summary of your refund policy for individual goods not sponsored by ebundles on your product page.
- The display of harmful products is prohibited.
Contacting Ebundles Commerce. If you have any questions about these Terms, please contact support