The Service includes, but is not limited to:

This Terms of Service (the "Terms") explain the terms and conditions by which you may access and use the Service provided by Ecom Society LLC (referred to herein as "we", "our", or "us"). The Service shall include, but shall not necessarily be limited to, https://www.ecomsociety.com/ (the "Site"), as well as any other media form (e.g. Ecom Society’s Discord server), media channel, mobile website or mobile application made available by or on behalf of Ecom Society (collectively, with the Site, the "Services").

You must read this Agreement carefully as it governs your use of the Service. By clicking “Accept Terms or by using the Services, you represent that (1) you have read and understand, and agree to be bound by, the Terms of Use, (2) you are of legal age to form a binding contract with Ecom Society, and (3) you have the authority to enter into the Terms personally or on behalf of the entity using the Services, and to bind that entity to the Terms of Use. If you do not agree, you are not authorized to access or use any of the Services. If you do not agree, you are not authorized to access or use any of our Products and should not use our Products.

Ecom Society offers the Site, an e-commerce education platform, and maintains a Discord community, live streams, courses, interviews, and guidelines. We provide educational and entertainment services only, and our content should never be construed as financial advice.

We may modify the Terms at any time at our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site, by providing you a notice through the Service, or through other methods of communication that we deem reasonable. The modified Terms will be effective at the time they are posted on the Site. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have modified the Terms, you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Services.

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services solely in accordance with this Agreement. Unless otherwise specified by Ecom Society in a separate license, your right to use any and all Services is subject to this Agreement. You acknowledge and agree that nothing set forth herein shall be construed as a sale of any ownership interest in or to the Services or any intellectual property rights associated therewith.

You may use the Services if you are 18 years or older and are not barred from using the Services under applicable law.

If you want to use the Services, you must create an account (“Account”). As part of our Services, you will be added to our Discord Server, and your participation requires the use of your Discord user ID. You agree that you won’t disclose your Account credentials to anyone, and you’ll notify us immediately of any unauthorized use of your Account. If you suspect that your Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you, your Account, and/or Ecom Society, you must notify us immediately and provide accurate and up to date information throughout the duration of the incident.

You’re responsible for all activities that occur under your Account, or are otherwise referable to your Account credentials, whether or not you know about them. We reserve the right to suspend or terminate your Account, including if you provide inaccurate, untrue, or incomplete information, or if you fail to comply with the Account registration requirements or these terms.

In registering an Account, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update any information provided about yourself to us. You represent that you are (i) at least 18 years old; and (ii) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. If you are acting on behalf of an entity, you represent you have all right and authority necessary to act on behalf of such entity. You acknowledge and agree that our obligation to provide you with any Services is conditioned on the information you provide to us being accurate and complete at all times during the term of this Agreement.

You are responsible for all activities that occur under your Account. You agree to monitor your account and to restrict use by anyone other than you, and you will accept full responsibility for any unauthorized use of the Services.

You may not share your Account or password with anyone, and you agree to (y) notify Ecom Society immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Ecom Society has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete,

Ecom Society has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use the Services if you have been previously removed by Ecom Society, or if you have been previously banned from any of the Services.

The Services are intended for your internal use only. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not use, modify, distribute, merge, make derivative works of, tamper with, reverse engineer, disassemble or decompile any of our Service for any purpose other than as expressly permitted pursuant to this Agreement; (b) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services or any portion of the Services, including the Site; (c) you shall not frame or utilize framing techniques to enclose any trademark, logo or other Services of Ecom Society; (d) you shall not use any of Ecom Society’ name or trademarks; (e) you shall not use any manual or automated software, devices or other processes to scrape or download data from any web pages contained in the Site; (f) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. Any unauthorized use of the services may terminate the licenses granted by Ecom Society pursuant to the Agreement.

Our Services may contain references or links to third-party services, including, but not limited to, information, materials, products, or services (“Third Party Materials”), that we do not own or control. We do not approve, monitor, endorse, warrant or assume any responsibility for any Third Party Materials. If you access any such Third Party Materials, you do so at your own risk, and you understand that this Agreement does not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any Third Party Materials. Ecom Society may receive compensation (e.g., commissions, referral fees) for promoting or referring you to certain Third-Party Offerings. However, this does not constitute an endorsement or guarantee of the product or service. You are solely responsible for conducting your own due diligence before engaging with any Third-Party Offering.

You acknowledge and agree that as between you and Ecom Society, Ecom Society owns all rights, title and interest in the Services, including, but not limited to, any software, computer code, algorithms, technology, themes, objects, concepts, artwork, animations, sounds, methods of operation, software, text, images, and documentation, as well as all intellectual property and proprietary rights related thereto, including trademarks, service marks, copyrights, patents, designs, and its "look and feel.” You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any Services.

You may only use reports, live sessions, and discussions provided by us for personal, non-commercial educational purposes and may not reproduce, modify, distribute, or display any of the content without our prior express written consent.

Users (e.g. educators, livestreamers, and contributors) may post or upload content (“User Content”) to the Site and Discord channel operated by Ecom Society. By doing so, users retain ownership of their content and agree that they are solely responsible for their content. The website does not endorse or assume any liability for user content, nor do we guarantee its accuracy or legality. We reserve the right to remove or modify any content that violates our terms or policies. Users agree to indemnify and hold the website harmless from any claims resulting from their content. Users can report inappropriate content through our designated channels.

In order to operate and provide our Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, distribute, create derivative works of, display, and perform the User Content that you upload, submit, store, send, or receive using the Product or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services. Additional information about your privacy and how we use User Content is available in the Privacy Policy.

You warrant and represent that you have the right and authority to submit your User Content and that the User Content or any part thereof does not infringe the intellectual property rights or any other rights of any third party.

You acknowledge that, in certain instances, where you have removed your User Content by deleting it, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

We may engage independent contractors (e.g., educators, livestreamers, contributors) to create and post content on the Site and associated platforms. While these contractors may be compensated for their contributions, they are not employees or agents of Ecom Society. As such, the company does not endorse, guarantee, or assume responsibility for the content created by independent contractors.

All opinions, views, and statements expressed by independent contractors are solely those of the respective authors and do not necessarily reflect the views of Ecom Society. We do not warrant the accuracy, completeness, or reliability of any content posted by independent contractors.

We shall not be liable for any errors, omissions, or any losses, injuries, or damages arising from the use of or reliance on any content posted by independent contractors. Users are encouraged to conduct their own due diligence and seek independent advice before making decisions based on content from independent contractors. Furthermore, the company reserves the right to review, modify, or remove any content posted by independent contractors that violates our terms or policies. Users can report inappropriate content through our designated channels.

5. User Conduct.

You agree that you are solely responsible for your conduct in connection with the Services. You agree that you will abide by this Agreement and will not (and will not attempt to):

a. provide false or misleading information to Ecom Society;

b. use or attempt to use another user’s Account without authorization from such user;

c. display, upload, publish or share any information which is (i) patently offensive; (ii) harasses or advocates harassment of any users of the Services; (iii) belongs to another person and to which you do not have any rights; (iv) involves the unauthorized sharing, distribution, or dissemination of reports, screenshots, downloads, recordings, or any other materials or content originating from the Services to individuals or entities outside of Ecom Society and its users; (v) seeks to steal from the community or impersonate another individual; or (vi) involves advertising, self-promotion, or sharing of referral links or server invites without prior approval;

pose as another person or entity;

d. use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;

e. develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Services;

bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Services;

f. attempt to circumvent any content-filtering techniques we employ;

g. collect or harvest data from our Services that would allow you to contact individuals, companies, or other persons or entities, or use any such data to contact such entities;

h. use data collected from our Services for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);

i. bypass or ignore instructions that control all automated access to the Services;

j. use the Service for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates any applicable law or this Agreement;

k. use your Account to carry out any illegal activities in connection with or in any way related to your access to and use of the Services, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Services;

l. engage in activity that activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives, including, but not limited to, the unregistered offering of securities and the offering of leveraged and margined commodity products to retail customers in the United States;

m. engage in buying, selling, or transferring of stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items;

n. engage in any activity that seeks to defraud us or any other person or entity, including, but not limited to, providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another;

o. engage in any activity that violates any applicable law, rule, or regulation of the United States or another relevant jurisdiction, including, but not limited to, the restrictions and regulatory requirements imposed by U.S. law.

The Services provided by Ecom Society rely on third party software provided by third parties, which may not be reliable, consistent, or dependent in all scenarios. Ecom Society does not control the functionality of technology underlying all of its Services and may not be able to foresee or anticipate technical or other difficulties which may result in data loss or other service interruptions. Ecom Society does not make any representation or warranty as to the safety, functionality, or availability of the Services.

Ecom Society is not responsible for verifying the accuracy of information shared by users within its community, including but not limited to Discord, forums, or social media. We do not endorse or guarantee the accuracy of any statements made by third parties. You should conduct your own due diligence before relying on any information obtained through the Services.

You acknowledge and accept that Ecom Society is not responsible for and cannot be held liable for any business losses, financial outcomes, or other consequences resulting from your use of our Services.

You acknowledge and accept that all data, information, and other content is the sole responsibility of the party from whom such content originated. This means that you, not Ecom Society, are entirely responsible for all your content that you upload, post, e-mail, transmit, or otherwise make available through any Services.

No Reliance on Information Provided.

The Services, including all courses, business strategies, case studies, guidelines, live streams, and other content provided by Ecom Society, are intended for educational and informational purposes only and should not be construed as financial, tax, legal, or other professional advice.

You acknowledge and agree that the Services offered by Ecom Society do not constitute personalized business, financial, tax, or legal advice regarding the suitability, profitability, or advisability of starting, operating, or scaling an ecommerce business. Ecom Society is not a financial advisor, business consultant, broker, tax professional, or legal expert, and we do not guarantee any specific business outcomes, revenue, or success.

All decisions you make regarding your ecommerce business, including but not limited to product selection, marketing, financial management, and business strategy, are your sole responsibility. You should conduct your own due diligence and, where necessary, consult with qualified professionals before making any business, financial, or legal decisions.

Your use of the Services is at your sole risk and discretion. Ecom Society expressly disclaims any liability for any action you take or fail to take based on the content provided through our Services.

7.1 Fees. We may charge fees (“Fees”) in connection with your use of certain Services. All pricing and payment terms for such Fees are as indicated on the Service, and any payment obligations you incur are binding at the time of the applicable transaction.

7.2 Payment. Fees, as specified on the Platform, must be paid via debit or credit card. We process payments through a trusted third-party payment provider. While Ecom Society ensures a secure transaction environment, we are not liable for any issues arising from the payment process managed by third-party providers.

7.3 Refunds. No Refunds. All payments made for Ecom Society’s services are final and non-refundable. We do not provide refunds or credits for partially used subscription periods, unused features, or accidental purchases.

We offer a 14-day free trial, allowing you to explore our platform before making a payment. By subscribing after the trial period, you acknowledge and agree that all charges are final.

If you have any billing questions, please contact us at hello@ecomsociety.com.

The Agreement commences on the date you accept it (as described in the preamble above) and remains in full force and effect while you use the Services unless terminated earlier in accordance with the Agreement.

Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier of (a) the date you first used Services or (b) the date you accepted the Agreement, and will remain in full force and effect while you use any Services, unless earlier terminated in accordance with the Agreement.

Ecom Society reserves the right to terminate this Agreement and terminate or suspend your access to the Services at any time, for any or for no reason, with or without notice to you.

If you want to terminate the Services provided by Ecom Society, you may do so by (a) notifying us at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent in writing to our email address set forth below.

Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes blacklisting your wallet from connecting to the Ecom Society UI. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of your User Content associated therewith from our live databases. Ecom Society will not have any liability whatsoever to you for any suspension or termination, including for deletion of your User Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, indemnification and limitation of liability.

You agree to indemnify and hold Ecom Society, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Ecom Society Party” and collectively, the “Ecom Society Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) your content; (b) your use of, or inability to use, any Services; (c) your violation of the Agreement, including any of your representations or warranties hereunder; (d) your violation of any rights of another party, including any Ecom Society Users; (e) your failure to provide accurate or complete data in connection with your use of the Services; or (f) your violation of any applicable laws, rules or regulations. Ecom Society reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ecom Society in asserting any available defenses. This provision does not require you to "indemnify any of the Ecom Society Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Site or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to Services.

TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU HEREBY RELEASE THE ECOM SOCIETY PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION, WHATSOEVER, ARISING OUT OF OR RELATED TO ANY LOSS WHICH MAY BE SUSTAINED BY YOU WHILE USING, ARISING OUT OF, OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING ANY DIMUNITION OF VALUE TO OR LOSS OR THEFT OF ANY USER ASSETS. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS RELEASE IS BINDING UPON YOUR RELATIVES, SPOUSE, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, BENEFICIARIES, PARTNERS, AND ANY OTHER AFFILIATES OR INTERESTED PARTIES.

To the maximum extent permissible by applicable law, you waive and relinquish any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver, including any all rights and benefits which you have or may have under California Civil Code Section 1542, which states “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You acknowledge that the releases in these Terms of Use are intended to be as broad and inclusive as permitted by law, and as a complete and continuous release and waiver of liability for any and all use of the Services.

As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF SERVICES IS AT YOUR SOLE RISK, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. ECOM SOCIETY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE. THE ECOM SOCIETY PARTIES MAKE NO REPRESENTATION THAT THE SERVICES WILL FUNCTION AS INTENDED OR BE SUITABLE FOR YOUR PURPOSES, AND YOU BEAR ALL RISK ASSOCIATED WITH ANY USER ASSETS THAT YOU USE IN CONNECTION THEREWITH. ECOM SOCIETY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES OR ANY OF THE MATERIALS CONTAINED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. SERVICE INTERRUPTIONS MAY CAUSE YOU TO BE SIGNED OUT OF YOUR ACCOUNT AND REQUIRE YOU TO RE-ENTER YOUR RECOVERY PHRASE TO REGAIN ACCESS

ECOM SOCIETY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SERVICES WILL BE ACCURATE OR RELIABLE. THE ECOM SOCIETY PARTIES MAKE NO REPRESENTATION THAT THE SERVICES WILL BE FREE OF THIRD PARTY MALWARE, HACKS OR OTHER CYBSECURITY BREACHES.

ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. ECOM SOCIETY MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ECOM SOCIETY OR THROUGH SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

You acknowledge and agree that Ecom Society Parties are not liable, and you agree not to seek to hold Ecom Society Parties liable, for the conduct of third parties, including operators of external sites, and that the risk of injury from such third parties rests entirely with you. Ecom Society shall be under no obligation to inquire into and shall not be liable for any damages, other liabilities or harm to any person or entity relating to any losses, delays, failures, errors, interruptions or loss of data occurring directly or indirectly by reason of circumstances beyond Ecom Society’s control.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL ECOM SOCIETY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT ECOM SOCIETY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR USE OF SERVICES OR ANY COMMUNICATIONS, INTERACTIONS OR EXCHANGES WITH OTHER USERS OF SERVICES OR THIRD PARTIES THAT INTERACT WITH THE SERVICES, ON ANY THEORY OF LIABILITY, INCLUDING ANY SUCH DAMAGES RESULTING FROM: (a) LOSS OR DIMINISHMENT IN VALUE OF USER ASSETS, (b) THE USE OR INABILITY TO USE SERVICES; (c) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH SERVICES; (d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (e) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SERVICES; (f) ANY OTHER MATTER RELATED TO SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

TO THE FULLEST EXTENT PROVIDED BY LAW, ECOM SOCIETY PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) $100; OR (b) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES WHERE SUCH REMEDY OR PENALTY CANNOT BE WAIVED OR REDUCED PURSUANT TO THIS AGREEMENT. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A ECOM SOCIETY PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A ECOM SOCIETY PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A ECOM SOCIETY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN LIMITATIONS IN THIS SECTION 10 MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

You agree that the laws of the State of Delaware, without regard to principles of conflict of laws, govern this Agreement and any Dispute between you and us. You further agree that each of our Services shall be deemed to be based solely in the State of Delaware, and that although a Services may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the state of Delaware. The parties acknowledge that this Agreement evidences interstate commerce. Any arbitration conducted pursuant to this Agreement shall be governed by the Federal Arbitration Act. You agree that the federal and state courts of Delaware are the proper forum for any appeals of an arbitration award or for court proceedings in the event that this Agreement's binding arbitration clause is found to be unenforceable.

Applicability of Arbitration Agreement.

Subject to the terms of this Arbitration Agreement, you and Ecom Society agree that any dispute, claim, or disagreements arising out of or relating in any way to your access to or use of the Services or the Terms of Use and prior versions of the Terms of Use, including claims and disputes that arose between us before the effective date of these Terms of Use (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and Ecom Society may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Ecom Society may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms of Use as well as claims that may arise after the termination of these Terms of Use.

The Terms of Use evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Conference process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Ecom Society agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration (if applicable); (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution Conference process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the "circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. Unless you and Ecom Society otherwise agree, or the Batch Arbitration process discussed in subsection 16.9 is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules. You and Ecom Society agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential."

The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Authority of Arbitrator.

The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Ecom Society need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

You must bring any and all Disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury.

The communications between you and Ecom Society may take place via electronic means, whether you visit Services or send Ecom Society e-mails, or whether Ecom Society posts notices on Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Ecom Society in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Ecom Society provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.

The Agreement and your rights and obligations hereunder may not be assigned, subcontracted, delegated, or otherwise transferred by you without Ecom Society’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Ecom Society shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

If you have any questions, complaints or claims with respect to Services, please contact us at: hello@ecomsociety.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

We may provide any notice to you under this Agreement using commercially reasonable means, including using public communication channels. Notices we provide by using public communication channels will be effective upon posting.

Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

Export Control.

You may not use, export, import, or transfer Services except as authorized by the laws of the jurisdiction in which you obtained Services, and any other applicable laws.

The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.