ECONNECTEMAIL.COM (“eConnectEmail”)

By entering into any contract or agreement with eConnectEmail for products and/or services to be provided by eConnectEmail, including without limitation ordering any products or services through the eConnectEmail web site and/or participating in any affiliate program offered from time to time by eConnectEmail (hereinafter referred to as your “Contract” with eConnectEmail), you hereby agree to abide by, comply with and be legally bound by the policies, terms and conditions hereinafter set forth (these “Terms and Conditions”).

For purposes of these Terms and Conditions, references to the products and/or services provided by eConnectEmail shall include, without limitation, email marketing subscriptions to eConnectEmail.com and email template development, all affiliate programs offered by eConnectEmail from time to time and any and all future product or service offerings of eConnectEmail.

If you do not agree with any provision of these Terms and Conditions, you should not order any products or services from eConnectEmail, participate in any affiliate program offered by eConnectEmail, or enter into your Contract with eConnectEmail. These Terms and Conditions are hereby incorporated by reference into your Contract. To the extent that any provision of these Terms and Conditions conflicts with any provision of your Contract, the provision set forth herein shall be deemed amended so as to be consistent with the provisions of your Contract.

eConnectEmail reserves the right to modify, amend, update and change these Terms and Conditions and will supply email or other means to our affiliates of these changes. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that eConnectEmail shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to these Terms and Conditions.

PAYMENT
Payment in full for any and all products and services to be provided by eConnectEmail under your Contract is due in advance of the commencement of any work by eConnectEmail unless otherwise agreed upon by eConnectEmail. eConnectEmail shall be entitled, in its sole and absolute discretion, to withhold any products or services it is otherwise obligated to deliver or provide under your Contract until such time as payment in full has been received therefore. eConnectEmail will notify you of any additional charges under your Contract prior to commencing performance of its obligations.
eConnectEmail will only refund your money if its management team has deemed that eConnectEmail has not delivered products or services in an efficient and effective manner as promised.

TERMINATION
eConnectEmail reserves the right, in its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your order for any product or service offered by eConnectEmail, your participation in any affiliate program offered by eConnectEmail, your Contract and/or your access to the eConnectEmail Site web site, at any time and without prior notice. You agree that eConnectEmail shall not be liable to you or any third party for any rejection, cancellation or termination of your order, your participation in any affiliate program, your Contract or your access to the eConnectEmail web site. In the event that eConnectEmail rejects, cancels or terminates your Contract, your participation in any affiliate program or your order for a reason other than your breach or non-performance under your Contract, eConnectEmail will return any amounts prepaid by you relating to the rejected, canceled or terminated Contract or order.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ECONNECTEMAIL OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES), ARISING OUT OF OR RELATED TO YOUR CONTRACT, THESE TERMS AND CONDITIONS, YOUR PARTICIPATION IN ANY AFFILIATE PROGRAM OFFERED BY ECONNECTEMAIL, OR THE PRODUCTS OR SERVICES PROVIDED BY ECONNECTEMAIL TO YOU, EVEN IF ECONNECTEMAIL HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN YOUR CONTRACT OR THESE TERMS AND CONDITIONS, ECONNECTEMAIL’S LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF YOUR CONTRACT, YOUR PARTICIPATION IN ANY AFFILIATE PROGRAM OFFERED BY ECONNECTEMAIL, OR ECONNECTEMAIL’S PROVISION OF PRODUCTS OR SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO ECONNECTEMAIL UNDER YOUR CONTRACT, PURSUANT TO SUCH AFFILIATE PROGRAM, OR FOR SUCH PRODUCTS OR SERVICES.

INDEMNIFICATION
You agree to indemnify and hold eConnectEmail, its subsidiaries, affiliates, directors, officers, shareholders, agents and employees, harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys’ fees, incurred by eConnectEmail in connection with a third party claim, demand or otherwise, due to, arising out of, related to or otherwise attributable to the actual or alleged infringement or violation of any intellectual property right asserted by a third party, or otherwise arising out of or related to (i) any materials or intellectual property provided by you in furtherance of the project contemplated by your Contract, (ii) your use of any of the products or services provided by eConnectEmail pursuant to your Contract, or (iii) your participation in any affiliate program offered by eConnectEmail.

GOVERNING LAW
These Terms and Conditions shall be interpreted, construed, governed by and enforced in accordance with the laws of the State of California. Under no circumstances shall the laws of any other state be applied, even where such a result would be implicated by conflict of law principles. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of the federal and state courts located in California regarding any and all disputes relating to your Contract or these Terms and Conditions.

GENERAL
These Terms and Conditions, together with your Contract, shall constitute the sole agreement and understanding between you and eConnectEmail regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and eConnectEmail regarding the subject matter hereof, whether written or oral, other than your Contract, are superseded by these Terms and Conditions. No agreement or other understanding other than your Contract purporting to modify these Terms and Conditions shall be binding upon eConnectEmail unless otherwise agreed to by eConnectEmail in writing. The failure of eConnectEmail to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Any questions concerning these Terms and Conditions should be directed to:

eConnectEmail.com
Attention: James A. Trumbly
Email: affiliate@econnectemail.com
Phone: 760.727.6722 (Mon-Fri, 9:30-5:30 pm PST)
Fax: 760.727-6722