Here is a Brief Summary of Our Terms
- EcNext is provided by EcNext.com, its providers, licensors and affiliates (either “we” or “us”).
- These Terms of Service have the same legal effect as an agreement in writing.
- We can change these terms at any time, in which such changes take effect after we post notices of the changes.
- We may change or discontinue any feature on EcNext at any time.
- You agree to pay us for any purchases.
- We give you a limited right to access and use EcNext. You are not authorized to access EcNext or its computers, servers and databases to scrape or “data mine” our data.
- You may not resell or redistribute EcNext services and databases unless otherwise authorized by us in writing.
- You must abide by all of the terms below and all laws.
- You will own the Content (defined below) you post on EcNext. You give us the right to use and re-purpose the Content that you post on EcNext. We own all compilation rights in our site and services.
- You own or have the right to submit any Content you post on EcNext.
- We offer EcNext “AS IS” and without warranties of any kind.
- We limit our liabilities to you.
- Ohio law governs this Agreement, and you agree to resolve any disputes in Franklin County, Ohio.
About These Terms
In this Agreement, (a) the term “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms of Service; (b) the term “Content” means any data, information, text, images, audio, video, profiles and all other forms of data and communications on EcNext that is provided by us, our Contributors, affiliates and users; and (c) the term “Contributors” means our users, third party providers, licensors and businesses, Agencies (defined below), Clients (defined below) and proprietors that post Content, which include any profiles and listings, on EcNext. These Terms of Service serve as a binding contract between you and us and govern your relationship with us.
Additional terms may apply to certain subscriptions, purchases, products and services, and content offered by EcNext or a Contributor. If you are purchasing Content through EcNext provided by Dun & Bradstreet, you agree to the terms of the Dun & Bradstreet Supplemental Terms and Conditions provided below.
We will give you the opportunity to review any supplemental terms if you elect to use such products and services. You agree to abide by the supplemental terms.
Google, Inc. provides the map features on EcNext. When you access and use the map features, you agree to be bound by Google Maps Terms of Service located at http://www.google.com/help/terms_maps.html.
Changes to These Terms
We may make changes to the terms of this Agreement at any time. All modifications will be posted on EcNext properties and such modifications take effect after we post them. You assume the responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications. If you disagree with any material changes to this Agreement, you must discontinue your use of EcNext. Your ongoing use of EcNext after the changes take effect signifies your agreement to the new terms.
Changes to the Services
We may change, update or discontinue any offering, feature or Content on EcNext at any time and without notice.
Registration and Eligibility
Registration is optional; however, you will need to register with us to use all of our features and services. We will open an individual member profile account when you register on EcNext, which we will refer to as a “profile” in this Agreement. In order to register with EcNext, you must meet the following qualifications:
- You must be at least 18 years of age and have legal capacity to agree to these Terms of Service.
- You must provide true, accurate, current and complete registration information.
- You agree to keep this information up-to-date.
- You must abide at all times with the Terms of this Agreement.
- If you are registering on behalf of a business or entity, you must have authority to act on behalf of such business or entity.
We are not responsible if we are unable to communicate with you because you have not kept your registration information up to date. By accessing and/or registering for the use of EcNext, you represent and warrant that (a) you have the authority and legal capacity to enter into the Agreement and follow its obligations, (b) you have the authority to bind your principal or employer company if you are applying on behalf of a business, and (c) you are providing true, complete and current information.
Our Contributors, licensors and we own all rights in the EcNext site, Content, aggregate user review ratings, data, text, designs, pages, print screens, the organization and structure of our data and Web sites, trademarks, logos, trade names, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that resides or is viewable or otherwise discoverable on EcNext. We (or as applicable, our licensors) own all intellectual property rights in our databases’ code, indexes, algorithms, organization and structure, and compilation of data. Except for the limited license we grant to you below, you obtain no other rights nothing in this Agreement grants you any other rights in EcNext or its Content.
License and Authorized Uses
We grant you a non-exclusive, non-transferable, limited license to access and use EcNext and the Content subject to the terms and limitations of this Agreement. All Content is licensed and not sold. Any use beyond this limited license is prohibited. You may create a profile only on your own behalf or on behalf of your business. Unless otherwise provided in any supplemental terms, you may download and temporarily store Content that you purchase to one computing device under your exclusive control. You may use such Content only (1) to display internally such Content for your internal business and research needs and (2) to quote and excerpt from such Content. You may also create one printout of such Content for your internal use and you may not further distribute the printouts. Any other access and use of EcNext is not authorized.
Unauthorized Access and Use of EcNext
You may not directly, indirectly or through any intermediary:
- Copy, scrape, crawl, mine, spider, record, aggregate, resell, retransmit, redistribute, modify, translate or otherwise create derivative works of EcNext, its databases, Content, or its user IDs or passwords;
- Export or re-export EcNext services or its technology and applications in violation of any United States export law or regulation;
- Violate these Terms of Service;
- Violate the intellectual property rights, privacy rights or the rights of others;
- Violate applicable laws and regulations;
- Frame our Web sites, pages or other Content;
- Use any automated means to create one or more profiles or user IDs;
- Offer services or assist any other party to circumvent the restrictions in these Terms of Service;
- Store or use our databases or Content to create an archival, searchable database of Content or compile data in a way that can be used by a competitive listing product or service;
- Use our data, information about our customers or Content to send spam, unsolicited communications or other mass communications to consumers or third parties;
- Use our trademarks, logos, or trade names without our express authorization to solicit your own customers, to imply any affiliation between you and us, or to make misrepresentations about EcNext or us;
- Make excessive traffic demands on our computer networks, impair, damage, disable or otherwise attack EcNext or our computer networks, or attempt to gain unauthorized access to EcNext through any manual or automated means;
- Circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion or EcNext or otherwise attempt to derive any source code or underlying ideas or algorithms of EcNext;
- Remove any copyright, trademark or other proprietary rights notices;
- Impersonate any person, business or entity, including our company and our employees and agents;
- Intentionally or negligently mislead others; or
- Create profiles of a third party without the express authorization from such person or entity.
You are responsible for all activities under your profile, including all legal liability incurred from the use of your profile by you or others. You may not give access to your profile, or disclose your password to others. You may not harvest Content for the purposes of sending spam or other forms of unsolicited communications. You are responsible for keeping your profile information, including all passwords, confidential. You shall be solely responsible and accept all liability for your (including your agents’ and representatives’) changes, edits, modifications or additions to the information and/or data you receive through EcNext. We are not responsible if your profile or account is compromised if any of your devices containing your profile (such as a mobile device) is lost or stolen. You are responsible for notifying us immediately if your profile has been compromised.
Use of Content, Forums, Comment Areas and Message Boards
EcNext PROVIDES THE CONTENT “AS IS” AND YOUR USE OR RELIANCE ON SUCH MATERIALS ARE SOLELY ARE YOUR OWN RISK. We offer the Content for general information, general discussion, education, and entertainment purposes only. Do not construe that all of the Content is either endorsed or verified by our Contributors or us. EcNext is not intended to provide personalized investment or other regulated professional advice. Nothing contained on EcNext may be provided or should be construed as providing (a) a solicitation, recommendation, endorsement, or offer to buy or sell any securities or other financial instruments or (b) a recommendation to any specific individual or business that any particular security, portfolio of securities, transaction or investment strategy is suitable for you or any specific person. Our contributors and we are not liable to you or any third party for the truthfulness, accuracy, reliability, completeness, timeliness, legality or applicability of any Content posted or otherwise transmitted by any users. We do not endorse opinions expressed by any users. We reserve the right, but we shall have no obligation or responsibility to you or any third party, to pre-screen, review, flag, filter, modify, refuse or remove any or all Content on EcNext that violates this Agreement, as we determine in our sole discretion.
You acknowledge that we may, but we have no obligation to you or any third party, to investigate and take appropriate technical, legal and equitable action against anyone who, in our sole discretion, violates this Agreement, including but not limited to, terminating their user profile and/or reporting such Content, conduct, or activity to law enforcement authorities. We may access, preserve or disclose information you provide, including user Content, when we have a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend our and our Contributors legal rights or property, or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of EcNext or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with application laws or other legal process.
Important Terms About the Content You Post on EcNext
EcNext offers features where Contributors may post Content such as business profiles, ratings and comments on forums and discussion boards. Except for the Content licensed by our Contributors or us to you, we do not claim ownership of any Content posted by you or our other users. However, by submitting Content to EcNext:
- You grant us, our affiliates, and distributors a perpetual, worldwide and royalty free right to use, copy, store, display, perform, distribute, redistribute, syndicate, transmit, adapt and promote your Content, and any information contained within such Content, in any medium including, without limitation, the use of your user name and alias associated with your Content;
- You grant other users of EcNext free permission to view and use your Content; and
- We own all rights in any compilation and collective works of Content as organized and presented on EcNext and retained in our databases.
If you participate in any feature on EcNext that allows users to share, modify, or combine user Content with other Content, you grant us and our users an irrevocable, royalty free, fully paid up, perpetual, worldwide right and license to use, share, reproduce, modify, create derivative works, display, distribute and perform your Content on EcNext. Any suggestions or ideas that you submit to us become our property and can be used by us for any purpose. We will not pay you for your submissions. We may refuse to publish, and may remove the Content from EcNext at any time and for any reason. You represent and warrant to us that you have all rights necessary for you to grant the permissions in this section.
In addition to the restrictions specified above, you may not use EcNext to submit Content or engage in any conduct that:
- Violates laws pertaining to securities and investment advising, including any rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges, especially and including the rule against making false or misleading statements to manipulate the price of any security;
- Constitutes stock touting;
- Posts or transmits any advertising, promotional materials, or other forms of solicitation including chain letters and pyramid schemes;
- Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy, or other proprietary rights;
- Discloses anyone’s identification documents, sensitive financial information or other private or sensitive information;
- Is unlawful, threatening, abusive, harassing, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- Publishes falsehoods or misrepresentations that could damage any person or entity, or is otherwise defamatory, libelous or deceptive;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Impersonates any person, business or entity, including without limitation, impersonating others to post favorable comments to your profile or business;
- Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- Violates any applicable local, state, federal, national or international law, statute, ordinance, or regulation including, without limitation, Credit Card Association rules, consumer protection laws, laws regulating tobacco-related products and electronic cigarette sales, and laws pertaining to unfair competition, false advertising and discrimination;
- Promotes any form of gambling or lottery type services not affiliated with a state-run lottery service;
- Promotes dating, escort, strip-tease acts or prostitution;
- Is associated with illegal telecommunications or cable television equipment;
- Is associated with the sale of (a) any controlled drug that requires a prescription from a licensed practitioner unless you are authorized by the National Association of Boards of Pharmacy to offer such products as a Verified Internet Pharmacy Practice Site and only if such a prescription has been issued by the practitioner after a bona fide examination of the patient; or (b) any over-the-counter drug, unless the sale of such product, without a prescription, has been approved by the Food & Drug Administration; or (c) nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval; or (d) any drug or controlled substance that EcNext believes to be or may become harmful, unlawful, or prohibited;
- Violate Title IV of the Higher Education Act of 1965, Family Education Rights and Privacy Act, Truth in Lending Act, Real Estate Settlement Procedures Act, Equal Credit Opportunity Act, Fair Housing Act or the Fair Credit Reporting Act;
- Is associated with the sale of firearms;
- Involves posting “fake” endorsements or recommendations; or
- Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability.
In order to help you comply with these Terms of Service, you agree to review the information made available to the public by the Security Exchange Commission regarding the prohibitions against insider trading at http://www.sec.gov/answers/insider.htm.
You acknowledge that posting Content that violate the terms of this Agreement, the rights of others, or any applicable law or regulation, may result in civil or criminal liability. You represent and warrant to us that your conduct on EcNext will at all times comply with the terms of this Agreement.
You are solely responsible for backing up any Content that you store on any customizable area on EcNext. We are not responsible for the loss of any data or Content you elect to store on EcNext.
By submitting Content on EcNext, (a) you represent and warrant that your Content is true, accurate, current, complete and that you own or have express permission to post the materials on EcNext; (b) that you have the authority to post such Content and that such submission will not violate any trade secrets, confidential information, or violate any securities laws; (c) in the event your Content contains the name, image, video, audio or participation by individuals, performers or entities other than you, that you have obtained such parties consent to their appearance or use of their contribution in the Content that you upload; and (d) you agree to indemnify and hold us harmless from all claims, costs and expenses (including legal expenses) arising out of any Content posted or published by you that are in breach of this section.
EcNext may offer from time-time additional, optional services on the website for business owners and marketing organizations. Premium Business Listing is a paid service offered on EcNext, which will be subject to additional terms, conditions and limitations for the user for such services. We may modify and change these offerings at any time.
Premium Business Listing Service – Description and Important Disclaimers
EcNext Premium Business Listing Service is an optional fee-based service provided by EcNext to move your company listing into a higher ranking in the EcNext company browse and search results list for a 30-day (“Monthly”) or twelve-month period. Each category and location combination enables the participant to feature one (1) company text links in category and location combinations. Your Premium Business Listing is billed at time of submission.
A credit card is required to set-up the Premium Business Listing for the Monthly or annual period. All Premium Business Listings must conform to the EcNext editorial guidelines, and must be relevant topically to the category and location. All Premium Business Listings are subject to final approval by the EcNext editorial team, which in their sole discretion may reject a Premium Business Listing request for any reason.
EcNext reserves the right to decide whether, where, and how a Premium Business Listing is listed.
EcNext reserves the right to reject a Premium Business Listing submission.
All fees paid for the Premium Business Listing Service are NON-REFUNDABLE.
Premium Business Listing Service Participation
This Premium Business Listing Service shall be effective on the date you receive email confirmation that your Premium Business Listing was added to the Premium Business Listing Service and will continue for an initial term (“Initial Term”) of 30 days or one year from this date. The Initial Term shall be renewed automatically for the same length of term as the Initial Term (a 30-day or one year) each (“Renewal Term”) and the Monthly or annual fee will be billed to your credit card at the start of a Renewal Term. To terminate this service, you must cancel any time before the start of a Renewal Term. Upon cancellation, your Premium Business Listing will remain active until the end of your Initial Term or a Renewal Term, unless otherwise terminated by EcNext. If you request that your Premium Business Listing be removed before the end of the Initial Term or a Renewal Term for which you have pre-paid the recurring Monthly or annual fee, you agree that EcNext will not be required to refund any portion of such fee.
Fees and Payment – Optional Services and Content
You agree to pay the applicable fees and charges for purchases that you make from us. We may limit the number of promotions for which you may be eligible in a given period. Your payment and renewal terms at the time you make a purchase from EcNext are disclosed in these Terms of Service or in the shopping cart; you can also review your payment terms from time to time by visiting the “My Account” area on EcNext.
If you are making a Content purchase or obtaining an optional service from EcNext, you must give us accurate billing and payment information and keep this information up-to-date. Every time you make a purchase or obtain a service from EcNext, you reaffirm that (i) we are authorized to charge your designated payment method; (ii) we may submit charges incurred under your profile for payment; and (iii) you will be responsible for such charges. YOU AGREE THAT WE MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT unless required otherwise by law. If we do not receive payment from your designated payment method, you agree to pay all amounts due upon demand by us. You are responsible for all charges incurred under your profile made by you or anyone who uses your account associated with your profile. We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on EcNext. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and pay for such purchases.
You must provide at your own expense the equipment and Internet connections that you will need to access and use EcNext. Those costs are in addition to any purchases you make from EcNext. If you are accessing a Service through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location.
Mobile and Wireless Services
We may offer from time-to-time mobile applications and services. If you access EcNext through mobile and/or wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. If you register for any services from EcNext.com that are delivered by text messages or short messaging service, you authorize delivery of such messaging services to the wireless unit and number designated by you, you acknowledge that you are responsible for determining any standard text messaging fees that you may incur from your carrier while using the service, and you authorize us to deliver the messaging service to you until you elect to opt out of such messaging service.
You may withdraw this consent at any time by going to the location services setting on your device and turn off the global location service settings and/or the other location settings on your device.
Due to the type of the information and services being sold, we unfortunately cannot accept returns of articles, profiles, lists or reports once they have been delivered. We cannot and do not warrant that the information available through this service is accurate, complete or updated but rather is provided to the user ‘as is’.
Please be sure to read all available information about a report before you place your order.
Billing Problems and Disputes
You must notify us about any billing problems or discrepancies within 60 days after they first appear on the statement you receive from your bank. If you do not bring such problems or discrepancies to our attention within 60 days, you agree that you waive the right to dispute such problems or discrepancies.
Terms for Agencies, Agents and Representatives
If you establish a EcNext account or profile on behalf of a company, organization, entity or brand as a representative or agent (such as a marketing or advertising agency, the “Agency”): (a) the terms “you” and “your”, as used throughout the Agreement apply to both Agency and Agency’s client (the “Client”), as applicable and (b) Agency agrees to abide by all the terms of this Agreement and the following supplemental terms.
You understand and agree that (a) Agency is acting as agent for a disclosed principal (i.e., the Client) and (b) Agency will act as agent for taking responsibility and making payment on all amounts due for purchases made from EcNext. Agency shall provide a payment method for purchases as described in this Agreement. Client and Agency shall be jointly and severally liable for the payment of sums due hereunder, but we agree to look initially to Agency for the payment of sums due hereunder. Nothing in this Agreement relating to the payment of transacted amounts by Agency shall be construed so as to relieve Client for breach of its obligations under this Agreement.
Agency represents and warrants that Agency is the duly authorized agent of Client with full power to act on Client’s behalf with respect to this Agreement, and Agency has the power to enter into, deliver and perform, this Agreement on behalf of Client and Agency. The individual(s) executing this Agreement on Agency’s behalf is/are authorized to execute and deliver this Agreement. Agency agrees that this Agreement is the legal, valid and binding obligation of Agency and/or Client, and shall be enforceable against Agency and/or Client in accordance with its terms.
We may from time to time offer special promotions and promotional pricing for Agencies on behalf of their Clients. Such promotions will be subject to additional terms that supplement this Agreement that you agree is binding on Agency and Client (“Promotions”). We reserve the right to cancel Promotions early or to extend offers without notice.
Disclaimer of Warranties
We provide EcNext “as is”, “with all faults” and “as available.” YOUR USE OF EcNext IS AT YOUR OWN RISK. Our Contributors and we make no express warranties or guarantees about EcNext and its Content. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT EcNext AND ITS CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, TIMELY, RELIABLE OR NON-INFRINGING. WE DO NOT GUARANTEE THE RESULTS THAT YOU MAY OBTAIN FROM YOUR USE OF EcNext. WE DO NOT GUARANTEE THAT EcNext WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE EcNext AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY.
Limitation of Liability
OUR PARENT, OUR CONTRIBUTORS, OUR DISTRIBUTORS AND WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF EcNext. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. 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 AND OUR SUPPLIER’S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU AGREE, AND YOU WILL REQUIRE THAT ANY THIRD PARTY WHO INDIRECTLY USES THE CONTENT PROVIDED BY YOU (“THIRD PARTY USER”) TO AGREE, THAT IN NO EVENT SHALL WE OR OUR CONTRIBUTORS BE LIABLE FOR THE RESULTS OF ANY THIRD PARTY USER’S USE OR RELIANCE UPON EcNext, FOR ITS INABILITY OR FAILURE TO CONDUCT ITS BUSINESS, OR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA OR LOST PROFITS, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
IN NO EVENT SHALL OUR OR OUR CONTRIBUTORS CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE EcNext SERVICES EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PARTICULAR EcNext SERVICE WITHIN AN IMMEDIATE TWELVE-MONTH PERIOD.
We may cancel or suspend your access to EcNext at any time, without cause and/or without notice. Your right to use EcNext will end once your service is terminated, and any data you have stored on EcNext may be unavailable later. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of EcNext. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Electronic Contracting and Notices
You agree to transact with us electronically. You agree that these Terms of Service have the same effect as an agreement signed in writing. You also agree that we may send to you in electronic form any privacy or other notices, terms, disclosures, reports, documents, communications or other records regarding EcNext (collectively, “Notices”) or anything related to your use of EcNext. We can send you electronic Notices (1) to the e-mail address that you provided to us during registration; (2) via text message if you elected to receive any mobile alerts, (3) by posting the Notice on EcNext’s web page, mobile pages or applications. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable service.
You can review these terms at http://www.ecnext.com/resources/page_terms_conditions/. Our terms and other Notices are designed for access on most current Internet Web browsers and on the mobile devices in which we offer mobile applications and services.
In order to transact with us electronically, you must have a device and an Internet browser capable of accessing and browsing the Internet. If you wish to print a copy of the Term of Services, your device must have an access to a printer that can print web pages from the print function of your Internet browsers. Also keep in mind that the “print” features on many devices and browsers will enable you to save a copy of the terms as a “note” or “PDF” file on your device.
This Agreement and any supplemental terms, policies, rules and guidelines posted on EcNext constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Choice of Law and Location for Resolving Disputes
You agree that the laws of the State of Ohio govern this contract and any claim or dispute that you may have against us, without regard to Ohio’s conflict of laws rules. You further agree that a court located in Franklin County, Ohio will resolve any disputes or claims that you may have against us.
We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.
Procedure for Making Claims of Copyright Infringement
We respect the intellectual property of others, and we ask our contributors and those posting to this site to do the same. If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
- Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
- Identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
- Your name, address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our agent for notice of claims of copyright infringement on this site can be reached as follows:
8760 Orion Place
Columbus, Ohio 43240
By fax: 614-807-5104
By email: [email protected]
Special Terms for EcNext Referral Program
EcNext.com (“we” or “us”) may offer from time-to-time a referral program where members can obtain rewards by referring new subscribers to EcNext.com (the “Referral Program”). Here are the terms if you would like to participate in the Referral Program.
- You must be a subscriber of a fee-based service on EcNext. You agree that your participation in the Referral Program is governed by the EcNext Terms of Service and these supplemental terms.
- You must sign up for the Referral Program by going to EcNext.com/___________. You will not receive credit unless you sign up for the Referral Program. You must use the referral code we issue to you in order to get proper credit.
- You will receive a free month from your subscription fee for each Qualified Referral. Your credit amount will be based on the subscription package purchased by the Qualified Referral and will not exceed your current monthly subscription fee. Your account will be credited the month after a new Qualified Referral subscribes to a fee-based service on EcNext. For example, if a Qualified Referral signs up in June, you would be entitled to a credit for July.
- A “Qualified Referral” is either a (a) new member who subscribes to a fee-based service on EcNext and submits a payment or (b) a user who has been inactive on EcNext for more than ninety (90) days and who signs up for a fee-based subscription on EcNext and submits a payment. For purposes of clarity, a “Qualified Referral” cannot be an existing subscriber (including a subscriber for a fee). We determine in our sole discretion on whether any subscriber qualifies as a Qualified Referral.
- We may revoke credits for violation of the EcNext Terms of Service, for fraud, refunds, and charge backs.
- We may change or discontinue the Referral Program at any time without liability to you.
- You are limited to receive up to five (5) individual monthly credits for Qualified Referrals.
- There is no cash value for credits under any referral offers with EcNext. Credits are not refundable.
- The Referral Program is prohibited where void by law in your location.
You are responsible for any tax liabilities associated with the Referral Program.
Last Updated: May 22, 2017