Conditions of Use
By visiting this website, you agree to the following conditions.
The Practical Ecommerce website has been made available to you subject to your compliance with the terms and conditions set forth below (the “Conditions of Use”). Please read this document carefully before agreeing to be bound by the Conditions of Use. If you do not wish to be bound by the Conditions of Use, you may not access or use this website or its content.
Modification of these Conditions of Use
Practical Ecommerce reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on the Practical Ecommerce website.
When you visit Practical Ecommerce or send emails to us, you are communicating with us electronically, and therefore you are consenting to receive communications from us electronically or by other means available — such as electronically, by telephone, by physical mail, or by facsimile. It is also understood that all agreements, disclosures, notices, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Copyright and Licenses
The entire contents of this website, including but not limited to: text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of Practical Ecommerce, its collaborators, or its clients and are protected by domestic and international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior expressed written consent of Practical Ecommerce. For access to current logos and their usage guidelines, consult our “Logos and Brand Guide.”
You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our website constitutes a copyright infringement of another parties rights, please contact us immediately at firstname.lastname@example.org to notify us of this infringement.
Your submissions of files including, but not limited to: resumes, email, Flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant Practical Ecommerce a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license to reproduce, distribute, transmit, adapt, sub-license, and publicly display any such submissions. You also grant Practical Ecommerce the right to utilize your name in connection with all advertising, marketing, and promotional materials related thereto.
License and Website Access
Practical Ecommerce grants you limited license to access and make personal use of this website and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of Practical Ecommerce. This website or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted, or otherwise exploited for any commercial purpose without the express written consent of Practical Ecommerce. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, Flash movie, page layout, or form) of Practical Ecommerce without the express written consent of Practical Ecommerce.
You may not use meta tags or any other “hidden text” which utilize Practical Ecommerce, PracticalEcommerce.com, or any other derivative of our domain or company name without the express written consent of Practical Ecommerce. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the Practical Ecommerce website so long as the link does not portray any false, misleading, derogatory, or offensive matter, and provided that the link does not otherwise harm Practical Ecommerce and its search engine rankings.
It is further understood and agreed that Practical Ecommerce cannot and does not guarantee or warrant that files made available for downloading through the Practical Ecommerce website will be free of infection or viruses, worms, Trojan Horses, or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through Practical Ecommerce are free from such contaminations.
Disclaimer of Warranty/Limitation of Liability
This website and related information are provided by Practical Ecommerce on an “as is” and “as available” basis. Practical Ecommerce makes no express or implied warranties, representations, or endorsements of any kind, or as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your sole risk.
To the full extent permissible by applicable law, Practical Ecommerce disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. Practical Ecommerce does not warrant that this website, its servers, or email sent from Practical Ecommerce are free of viruses or other harmful components. Practical Ecommerce will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Practical Ecommerce uses reasonable efforts to include accurate and up-to-date information on this website. Practical Ecommerce assumes no liability or responsibility for any typographical or other errors or omissions in the content of this site. In the event that a product or service by Practical Ecommerce is listed with an incorrect description, information, or specifications, Practical Ecommerce shall have the right to refuse or cancel any orders placed for the product or service listed incorrectly.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Any dispute relating in any way to your visit or access of the Practical Ecommerce website or to the products or services you purchase through the Practical Ecommerce website shall be submitted to binding arbitration in Traverse City, Michigan except that, to the extent you have in any manner violated or threatened to violate Practical Ecommerce’s intellectual property rights, Practical Ecommerce may seek injunctive or other appropriate relief in any state or federal court in the State of Michigan, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
You agree to indemnify, defend, and hold harmless Practical Ecommerce, its officers, directors, owners, partners, employees, agents, licensors, suppliers, and any third party information provider to the website from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the Practical Ecommerce website.
Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, email, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Practical Ecommerce’s failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. Practical Ecommerce may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.
Please send notices by care of email to email@example.com or reach us at our physical mailing address or by telephone.
125 S. Park Street; Suite 430
Traverse City, Michigan 49684