Last modified: August 15, 2018
These Terms and Conditions (“Agreement”) governs the use of the website or services (“Service”) that are made available by e-Technology, LLC (“e-Technology”, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between e-Technology and the individual or entity who subscribes to our service (“Customer”, “Subscriber”, “User”, or “you”).
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all the terms and conditions set out in this Agreement. e-Technology may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that e-Technology believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.
e-Technology may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to this web address (URL): http://www.e-Technology.com/terms-and-conditions/. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
e-Technology offers Subscribers club management services for the duration of the service term purchased from e-Technology.
e-Technology reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Your Service will be automatically renewed monthly for a successive term, at the current renewal rate, on the expiration date until you deactivate the Service from you club’s control panel. In the event your payment method fails, you will be notified by email to update your payment information.
Access to the Service is terminated upon expiry of the Service. Account data may be permanently deleted 90 days after expiration of the Service. Details regarding your account’s subscription and expiration can be found on your club’s control panel.
All errors will direct traffic to a default e-Technology error page. This error page informs visitors that the web page they are looking for cannot be found, and may include, but without limitation to, the following:
- Links to additional products and services offered by e-Technology.
- Advertisements for products and services offered by third-parties.
At its sole discretion, e-Technology may embed advertisements or other commercial content on in the aplication, emails or anywhere it deems fit.
e-Technology’s Club Manager Service provides customers with the capability to send members email via the Internet. e-Technology retains the right, at our sole discretion, to restrict the volume of messages transmitted by you in order to maintain the quality of our email services to other Subscribers and to protect our computer systems.
Due to the complexity of filtering technologies at the various email providers, e-Technology makes no guarantee that emails sent from the Service will be delivered to the recipient.
e-Technology does not set an arbitrary limit on the number of members, events or use of features of the Service. The Service is intended to support small and medium size clubs. Large clubs may require dedicated resources not included in the basic service fee. In the event that a club grows to exceed the practical limits of a shared service as determines solely by e-Technology, we reserve the right to terminate service or alter pricing plans as needed to support the customer.
Service Fees / Payments / Invoices
All e-Technology fees and charges are quoted and billed in US Dollars unless otherwise noted.
e-Technology uses an automated payment processing system and only accepts credit card or PayPal payments at this time. All Subscribers are required to maintain valid payment information on file for the processing of any applicable service fees. At its sole discretion, e-Technology may use credit card issuer-approved services, such as VISA Account Updater and MasterCard Automatic Billing Updater, to acquire updated payment information for the purpose of processing outstanding payments that are on your account.
e-Technology may take any reasonable action to validate your payment and registration information, and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.
Service fees are due at the time of order or on the day of renewal. All fees must be paid in full.
Billing inquiries and disputes should be brought to e-Technology’s attention within 30 days of the due date. Failure to do so will be deemed to be an admission that the charges are accurate.
If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to chargeback service charges.
Accounts will be immediately suspended if its service renewal fees are not paid on or before the expiration date. Accounts suspended in this manner can be re-activated by providing new or revised payment instructions.
e-Technology reserves the right to modify service fees and rates, effective upon posting on the e-Technology website or on this Agreement. Current service charges include the following (non-exclusive list):
Chargeback Service Charge US$25.00
Refund Processing Fee US$15.00
Definition of “No Transaction Fees”
e-Technology does not charge you any fees relating to the processing of transactions under your account (“Transaction Fees”). However, your selected payment processor, such as PayPal or Braintree, may still charge you Transaction Fees for each payment you receive. You will be solely responsible for any such Transaction Fees.
Termination / Plan Change / Refund Policy
e-Technology may terminate your Service under the following circumstances (non-exclusive list):
- Non-payment of fees
- You are in breach of any term or condition of this Agreement
- Your use of the Service disrupts e-Technology business operations or affects any other party.
- At our sole discretion
All Subscriber data may be removed from e-Technology servers for such terminations.
You may request account termination at any time by by deactivating service from your Club options page. You are responsible for any service fees that arise from your failure to cancel your account.
Refunds will not be given for services that are billed monthly or for one-time service fees, such as web design fees, file recovery fees, etc.
When you apply to use e-Technology services, you will be assigned a “Club” or “Customer” ID and asked to select a Password. The Club ID and Password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the Club ID and Password you select from any unauthorized use. IN NO EVENT WILL e-TECHNOLOGY BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR CLUB ID AND PASSWORD.
Subscribers are responsible for maintaining accurate account information at all times, including credit card and contact information. This information can be updated on your Club’s option page.
e-Technology does not allow the use of unsolicited commercial email (“Spam”) to promote products or services. Any Subscriber engaging in the sending of Spam through the Service’s message feature will be considered in breach of this Agreement and will be suspended from the Service immediately.
Your use of the Service must be in compliance with US laws, and the laws of your country at all times.
You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service.
The following is a non-exclusive list of content, and behavior prohibited by the Service:
- Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
- Content or otherwise that exploits children under 18 years of age.
- Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
- Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
- Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
- Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
- Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any e-Technology service, solution or technology.
- Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Club or member accounts.
You agree that, unless other instructions are posted on e-Technology’s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for e-Technology posted on the e-Technology website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
Reservation of Rights
e-Technology reserves the right and sole discretion to:
- Censor any Club hosted on its servers that is deemed inappropriate.
- Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.
- Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
- Terminate any account if the contents of its club results in, or are the subject of, legal action or threatened legal action against e-Technology or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
- Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar distructive activities, activities whether lawful or unlawful that e-Technology determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
- Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.
You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain the software, network equipment or facilities.
Limitation of Liability
The Service is provided on an “as is” and “as available” basis and the use of the Service is at your own risk. e-Technology makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. e-Technology is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by e-Technology.
In no event will e-Technology be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.
e-Technology, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or website.
In no event shall e-Technology be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content or activity related to the subscriber’s use of our Service, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
You agree to indemnify and hold e-Technology, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse e-Technology with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.
If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.
The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of the state of Florida and the federal laws of the United States of America.
You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the State of Florida for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
Age of Majority
e-Technology does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.
No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
This Agreement, as may be updated from time to time and posted at www.e-Technology.com/terms-and-conditions/, represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.