Terms & Conditions of Use
This website and any underlining web sites associated (“EBCS Website”) and the products, services and technology available on this website for your use and purchase are operated by Total Financial Services, Inc. a Maryland corporation and any and all of its affiliates (“EBCS”), and these terms and conditions governs your use of this EBCS Website (including, but not limited to, mirrored, co-branded and successor sites) and your purchase of any products and/or services from EBCS.
Important
Read these terms and conditions of use carefully before accessing or using this EBCS website, purchasing products and/or services on this EBCS website, downloading content or data and/or otherwise using the EBCS website services, and the related EBCS content, data and/or technology used, stored, licensed or accessed in connection therewith and the related intellectual property rights embodied therein (collectively, the “EBCS Technology”).
EBCS is willing to provide you with access to the EBCS Technology through this EBCS EBCS and to make available products and services (of EBCS and/or our clients which you may be a customer of) to you only upon the condition that you accept all of the terms and conditions set forth herein and by our clients, and on any documents referenced herein or any additional terms and conditions that can be viewed either on the pages containing any products, services or other offerings, or via a link on those pages or other directions to the additional terms and conditions (collectively, the “Agreement”). If you do not agree to the terms and conditions of this agreement, promptly cease using the EBCS Technology, and/or exit this page before downloading, accessing, using, subscribing or installing the EBCS Technology and/or services purchasing products and/or services from this EBCS website.
Authority
By accessing, subscribing, downloading and/or otherwise using the EBCS Technology, you (a) certify that you are at least 18 years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read this Agreement and have agreed to be legally bound by this Agreement, and (c) agree to all operating rules and policies of this EBCS Website that may be published within the EBCS Technology including, but not limited to, this EBCS Website.
Intellectual Property
The EBCS Technology (including, this EBCS Website) is owned and operated by EBCS and its licensors and are protected by copyright and other intellectual property laws under United States and international laws and treaties, with all rights reserved. The compilation and arrangement of all content, data and other information found within the EBCS Technology is also the sole and exclusive property of EBCS and its licensors and is protected by U.S. and international intellectual property laws. The “look and feel” of the EBCS Technology, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to EBCS and its licensors and fully protected under U.S. and international intellectual property laws.
Use of the EBCS Technology
Subject to the terms and conditions set forth herein and any third party restrictions, EBCS grants you a non-transferable, non-exclusive and non-sublicensable limited right and license to view, use and access the EBCS Technology from a remote location to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content available within the EBCS Technology solely for your informational purposes and for your immediate, private, personal and non-commercial use, (b) to make edits, input and retrieve information regarding your account if you are an authorized user, and (c) make purchases of goods and services through the EBCS Technology.
All rights not expressly stated herein are reserved by EBCS and EBCS disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the EBCS Technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the EBCS Technology, or any part thereof, in any form; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the EBCS Technology, or any part thereof; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the EBCS Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of EBCS, its third party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to civil liability, violate any law or infringe on a third party’s intellectual property right (including, but not limited to, spam, offensive sexual, racial or gender related material, or material that violates EBCS’s then current policies); (vii) use EBCS Technology to harm minors in any way; (viii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using EBCS Technology; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the EBCS Technology; (x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships; (xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (xii) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiii) upload commercial content on this EBCS Website or within the EBCS Technology or use the same to solicit others to join or become members of any other commercial online service or other organization; (xiv) interfere with or disrupt the EBCS Technology or servers or networks connected to the EBCS Technology, or disobey any requirements, procedures, policies or regulations of networks connected to the EBCS Technology (including, but not limited to, this EBCS Website); and (xv) ”stalk” or otherwise harass another; or collect or store personal data about other users through the use of the EBCS Technology (including, including but not limited to, this EBCS Website).
You agree not to access the EBCS Technology by any means other than through the interface that is provided to you by EBCS for use in accessing the EBCS Technology.
By posting information or other materials on this EBCS Website or within the EBCS Technology or by making such information available for downloading by, or for sale to, you, EBCS does not waive any proprietary right in and to the EBCS Technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the EBCS Technology except for the limited license expressly granted herein.
Submissions
Any and all comments, suggestions, ideas, graphics, videos, content, data and other information that you transmit to EBCS through the EBCS Technology (“Submission”) shall remain your sole and exclusive property, and you shall be solely responsible for your Submission and the consequences of posting or publishing them. By submitting your Submissions to EBCS, you hereby grant EBCS a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, distribute, perform, publicly perform and display your Submissions for any legal purposes whatsoever now known or hereinafter becomes known.
Any Submission you provide to EBCS will be deemed public and non-proprietary information and not subject to any confidentiality obligation and EBCS shall have no obligation to maintain its confidentiality except to the extent the Submission contains personal identifiable information, in which case, EBCS’s Privacy Policy shall govern EBCS’s use of such information. [In some cases, EBCS may modify your Submission if directed to by our client where you are a customer, or in a case where your Submission is incorrect and/or incomplete, and EBCS, in its reasonable discretion, uses commercially reasonable efforts to derive the information necessary to correct and/or otherwise complete your Submission.]
By making a Submission, you waive the right to make any claim against EBCS or any of its respective parents, subsidiaries, affiliates, employees, agents, directors, officers, and shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you.
You further represent and warrant that (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize EBCS to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by this Agreement.
Submission Representations
You represent and warrant that your Submissions: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall contain visual depictions of persons who were at least 18 years of age when said visual depiction was created, (d) shall not be fraudulent or involve counterfeit or stolen information or items, (e) shall not violate any law, statute, ordinance or regulation, and (f) shall not create any liability for EBCS. You also agree to maintain and promptly update your Submissions by means of the EBCS Technology in order to keep that information true, accurate, current and complete.
Electronic Delivery Policy and Your Consent
By using the EBCS Technology and/or by making purchases from EBCS while on this EBCS Website, you consent to receive from EBCS all communications including notices, agreements, legally required disclosures or other information in connection with the EBCS Technology and your purchases (collectively, “Notices”) electronically. EBCS shall provide such electronic Notices by posting them on this EBCS Website. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of this EBCS Website and the EBCS Technology.
Participation Disclaimer
EBCS does not and cannot review all Submissions posted to or created by users accessing the EBCS Technology (including, but not limited to, this EBCS Website), and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the EBCS Technology (including, but not limited to, this EBCS Website), EBCS is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content, if any, or the users’ activities. Even though EBCS may monitor and review transmissions, we assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy, obscenity, pornography, profanity or misrepresentation. Notwithstanding the foregoing, EBCS reserves the right to block or remove communications, postings, or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret or other intellectual property rights of another or (d) offensive or otherwise unacceptable to EBCS as determined in its sole discretion.
Trademarks
Any and all trademarks displayed within the EBCS Technology are owned by EBCS, its licensors or its affiliates. Nothing in this Agreement should be construed as transferring any aspects of such rights to you or to any third party.
Confidentiality
At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of EBCS. “Confidential Information” means any and all trade secrets or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to EBCS or its licensors, including, but not limited to, relationships with consultants and employees, business plans and business developments, all parts of the EBCS Technology and any other materials or information related to the business or activities of EBCS that are not generally known to others engaged in similar businesses or activities.
Warranty Disclaimer
Your access and use the EBCS Technology AND THE PRODUCTS AND SERVICES PURCHASED BY YOU FROM EBCS ARE at your sole risk AND on an “as is” and “as available” basis. To the fullest extent permissible pursuant to applicable law, EBCS disclaims all warranties (whether express, statutory or implied) of any kind, including, but not limited to, implied warranties of title, merchantability, data accuracy, system integration, fitness for a particular purpose, non-infringement and any other warranty arising under the uniform commercial code, usage of trade, course of conduct or otherwise.
Without limiting the foregoing, EBCS does not represent or warrant that (a) the EBCS Technology and the products and services purchased by you from EBCS at your sole risk will be uninterrupted, timely, secure or error-free, (b) the defects in the EBCS Technology and the products and services purchased by you from EBCS will be corrected, (c) the EBCS Technology or the servers that operate the EBCS Technology are free of viruses or other harmful components, (d) the data, results and information within the EBCS Technology will be correct, accurate, adequate, useful, reliable or otherwise; and (e) the EBCS Technology and the products and services purchased by you from EBCS will meet your needs, requirements or expectations.
EBCS may make changes to the content within the EBCS Technology or to the products or services described in it, at any time without notice to you. Further, EBCS assumes no liability or responsibility for any errors or omissions in the content within the EBCS Technology or availability of EBCS Technology. The content in the EBCS Technology may be out of date or inaccurate, and EBCS specifically disclaims any duty to update such content.
Any material downloaded or otherwise obtained by you through the use of the EBCS Technology and the products and services purchased by you from EBCS are done at your sole discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from your use of this EBCS Website.
You acknowledge and agree that EBCS shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submissions; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by EBCS. You acknowledge and agree that EBCS shall not be responsible or liable for any Submissions or conduct of any third party.
Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. If any of the exclusions set forth in this Section are determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited in duration for a period of thirty (30) days after the date on which you first access the EBCS Technology or you purchase your products and/or services from EBCS, and no warranties shall apply after such period.
Disruptive Behavior
You agree not to: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs via or through the EBCS Technology; (b) use Internet Relay Chat (IRC) bots via this EBCS Website (i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day); (c) hinder the ability of others to use IRC; (d) disrupt the EBCS Technology or the normal flow on this EBCS Website of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (e) run any program on this EBCS Website or through the EBCS Technology that makes a service or resource available to others, including, but not limited to, port redirectors, proxy servers, chat servers or simulated multi-user environments; (f) interfere with, disrupt, or harm in any way the EBCS Technology or the servers or networks used in connection with it; (g) run programs or specifically configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; (h) use the EBCS Technology in violation of the rules of any other website providers, websites, or the like; (i) use the EBCS Technology to access the accounts of others without permission; (j) attempt to penetrate security measures of EBCS or another entity, or obtain or bypass others’ passwords; or (k) engage in denial of service attacks (i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic).
Limitation of Liability
NEITHER EBCS, ITS SUPPLIERS, OR OTHER THIRD PARTIES SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE EBCS TECHNOLOGY AND/OR SERVICES FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES FROM THIS EBCS WEBSITE, WHETHER OR NOT EBCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL EBCS’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE GREATER OF (i) THE FEES PAID, IF ANY, BY YOU FOR THE PURCHASE OF PRODUCTS AND SERVICES FROM EBCS LESS ANY SHIPPING COSTS OR (ii) TEN ($10.00) DOLLARS.
SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL AND OTHER SIMILAR TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.
Access to EBCS Technology
You shall be responsible for obtaining access to the EBCS Technology and for all equipment necessary to access the EBCS Technology and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all charges associated with connecting you to the EBCS Technology, including, without limitation, all telephone, equipment, airtime and internet service provider charges.
Passwords and Your Obligations
You will be asked to register as a user of certain services within the EBCS Technology and to select a unique username and password in order to be able to access your account and use any of the EBCS Technology. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify EBCS in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., “logging off”) at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.
Please notify us immediately of any unauthorized use of your user name and password via email to: support@EBCS-solutions.com.
Security
Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the EBCS Technology; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service provided to any other user, host or network, including, without limitation, by means of submitting a virus to the EBCS Technology, overloading, “flooding,” “mailbombing” or “crashing” the EBCS Technology. Violations of system or network security may result in civil or criminal liability. EBCS reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
Indemnification
You agree to indemnify, defend, and hold harmless EBCS, its affiliates, agents, vendors, distributors, licensors and suppliers and their officers, directors, agents, employees, and shareholders from and against all losses, liabilities, claims, expenses, damages, judgments, and costs, including reasonable litigation costs and attorneys’ fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) your use of any products and/or services purchased by you or any other person accessing your account, (c) your use of (or inability to use) the EBCS Technology; and/or (d) any use of your Submission by EBCS or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity. EBCS shall promptly notify you in writing upon obtaining knowledge of any claim for which indemnification may be sought. You shall assume the defense of any such claim or related litigation, but may not settle any claim against EBCS without EBCS’s prior written consent. This Agreement shall not prevent EBCS’s use of its own counsel at its own expense. You shall maintain sufficient insurance to meet all of your obligations under this Agreement.
Termination
Without notice, you agree that EBCS, at its sole discretion, may temporarily or permanently terminate or modify your access to and use of the EBCS Technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if EBCS believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. You agree that EBCS shall not be liable to you or to any third party for any modification or discontinuance of your use of or access to the EBCS Technology. Your obligations under this Agreement shall continue even after EBCS has terminated and/or cancelled this Agreement or your access to the EBCS Technology. Your access to certain services may be terminated if the contract between EBCS and our client where you are a customer is terminated or when your agreement between EBCS and our client is terminated.
Payment of Fees
While on this EBCS Website, you may purchase or make an offer to purchase certain products and services and/or make a payment on your account. If you make a purchase, you will be charged the fees (whether fixed fees or time and material fees) set forth on the applicable published fee schedule available on the web page at the time of your purchase, or the fees set forth in an email sent by EBCS and separately confirmed by you. Payment is due immediately for any purchases made by credit card/debit card. For all other purchases, you shall pay EBCS in accordance with the payment terms for the applicable product and/or service, and if no terms are identified, within thirty (30) days following your receipt of an EBCS invoice. If you make a payment on your account and you or our client which you are a customer cancels your service agreement or membership any refunds must be directed to our client in which you are a customer.
Resale Prohibited
Products and/or services sold from this EBCS Website may not be resold by you as new or distributed to or through dealers. Notwithstanding anything to the contrary herein, EBCS reserves the right to adjust your order to ensure compliance with the terms and conditions of this Agreement, and/or refuse to complete your order for goods and services.
Product Display/Colors & Specifications
The EBCS Technology (including, but not limited to, this EBCS Website) attempts to display product images shown through it as accurately as possible. However, EBCS is not responsible for and cannot guarantee the performance or price of any goods, products or services advertised through the EBCS Technology, and cannot guarantee that the image or color you see displayed on your monitor represents the actual product or conforms to the specifications of the product you have selected.
Features, pricing and specifications of products and/or services described or depicted through the EBCS Technology (including, but not limited to, this EBCS Website) are subject to change at any time without notice. Weights and measures are approximate.
Applicability of Content
This EBCS Website is operated in the United States of America, and EBCS makes no representation that the content, products and services provided and/or purchased through the EBCS Technology are applicable or appropriate for use in jurisdictions other than the United State of America. If you access the EBCS Technology (including, but not limited to, this EBCS Website) or make purchases of products and/or services on this EBCS Website from outside of the United States, please be aware that you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of the EBCS Technology and/or purchasing EBCS products and/or services, you may not view or use the EBCS Technology or make a purchase of EBCS products and/or services.
Compliance with Laws
You assume all knowledge of applicable laws and are responsible for compliance with such laws. You may not use the EBCS Technology, products and/or services in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.
Pricing, Special Offers and Promotions
All prices shown through the EBCS Technology (including, but not limited to, this EBCS Website) are applicable solely for purchase by users directly from EBCS while located on this EBCS Website. Prices are subject to change without notice. Prices within the EBCS Technology (including, but not limited to, prices on this EBCS Website) may not be the same as prices available through EBCS clients, sales representatives, telephone orders, promotional offers or EBCS retail locations. EBCS does not have a price match guarantee
Special product, pricing or service offerings and promotions may be displayed from time to time through the EBCS Technology (including, but not limited to, on this EBCS Website) and are considered discontinued and no longer valid once they are removed from the EBCS Technology (including, but not limited to, this EBCS Website). In addition, all such offerings and promotions displayed through the EBCS Technology (including, but not limited to, on this EBCS Website) are subject to change or cancellation at any time without notice. Programs/promotions available through EBCS sales representatives or telephone orders may not be available through the EBCS Technology (including, but not limited to, this EBCS Website and the EBCS) and vice versa.
Should you place an order for an item and it goes on sale on this EBCS Website for a lower price immediately thereafter, you may contact us for a credit of the difference between the current price and the price you paid (or we will adjust the price you will pay if it has not been shipped yet). However, you must contact us within seven (7) days of the date on which the price change first appears on this EBCS Website – later requests will not be honored.
Other product and service limitations and disclaimers may apply.
Typographical Errors
The price for a product or service on the EBCS Website may differ from the price shown in your shopping cart at the time of your purchase at the EBCS — it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the EBCS Website. If the price for the item on the EBCS Website is incorrect, then, at the sole discretion of EBCS, EBCS may either (a) refuse or cancel your order whether or not the order has been confirmed and your credit card has been charged; (b) contact you for instructions before shipping the item or charging you for such item; (c) cancel the order for such item and notify you of such cancellation; or (d) ship the item at the incorrect price to your benefit. If your credit card has already been charged for the purchase and your order is cancelled or refused, EBCS shall issue a credit to your credit card account in the amount of the incorrect price that was charged.
Product Availability
The EBCS Technology (including, but not limited to, this EBCS Website) refers to products and services available for purchase by buyers. Subject to the terms and conditions of this Agreement, EBCS will sell products, and provide services, to you if the product or service is currently available and/or the product is in EBCS’s inventory, or the service is a service made commercially available by EBCS or its clients. EBCS cannot guarantee the availability of a product or service at all times.
Sales Tax Policy
Sales tax may be added to each order, subject to federal, state, and local tax laws. We will do our best to accurately calculate sales tax, but errors may occur due to the large number of tax districts or for other reasons. If we do not collect sales tax for your order, you may still be responsible for paying sales and/or use tax for the purchase if required by federal, state or local tax rules and laws.
Order Acceptance/Confirmation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for no or any reason whatsoever. You will not be charged if we reject an order, but we will process a refund if a charge has been made against you in error.
Validating Your Order
After you place an order through the EBCS, we will check the information you gave us for validity. We may require additional verifications or information before accepting any order.
We reserve the right to reject any order you place with us, and/or to limit quantities on any order, for any or no reason whatsoever. If we reject your order, we will generally attempt to notify you by using the contact information you gave to us with your order.
Paying for Your Order
You may pay for your order by MasterCard, Visa, American Express, or Discover credit and debit cards and ACH transactions. The accepted methods of payment may change at EBCS’s sole discretion.
Your card will be authorized for the full amount of your purchase at the time of your order. This may cause an immediate reduction in your funds or increase in your credit line, even if your order is later canceled, as the credit and debit card issuing banks release authorizations at their discretion.
If you order takes more than a week to ship, we may need to authorize your credit or debit card again, as authorizations generally expire after seven (7) days (however, the amount of time varies by the issuing bank and may be shorter or longer than stated). Notwithstanding the foregoing statement, any additional authorization required to process your shipment will not cause you to incur any additional charges
Your credit or debit card is generally charged upon placing your order or upon order shipment. If your order is split into multiple shipments, we will charge the base shipping charge on the first item and the additional item shipping charge (if any) on the remaining items.
Order Cancellation and/or Modification
You may attempt to cancel or modify an order at any time between the time you order the product and/or service and the time we actually ship your order or perform the services. Upon a written request from you, we will make reasonable efforts to cancel or modify your order. We may be unable to cancel or modify any purchase from the EBCS after we have received your order. EBCS is not responsible for any cancellations resulting from orders placed by you for services & products purchased from our clients that EBCS is the billing agent.
Order Processing & Shipment
Please allow up to three (3) business days for order processing before shipping. We typically ship only on business days, so if you order on Friday night, your order may not ship until Tuesday. When your order ships, you will be emailed a shipment tracking number, if the carrier supports that capability. If you have questions about the status of your order, please visit our Customer Service Center.
All orders placed through the EBCS are subject to product availability and will be shipped F.O.B. our shipping facility. The risk of loss and title for ordered merchandise pass to you upon our delivery to the carrier. This means that product damaged in transit is the carrier’s responsibility and is an issue to be resolved between you and the carrier.
If a carrier does not meet its delivery performance requirements (i.e., next day air before 10:30 AM); you must resolve this issue with the carrier.
Shipping & Handling Charges
Please refer to the shipment options on the page that appears during the checkout process for current shipping and handling charges. EBCS may change these rates at its sole discretion and without any notice.
Return Policy
EBCS has established the following return policy to replace defective products, or products that have been requested by mistake.
Defective Products
If a product is determined to be defective, or not operating as anticipated, then please return the defective product to EBCS and EBCS will send a replacement immediately.
Returns/Exchanges
EBCS has a 30 day return policy. For whatever reason, if you are not satisfied with the product you received, you may return it or exchange it within 30 days from receipt for another product of equal or lesser fair market value. If you are not satisfied with the product or service from one of our clients you must contact the merchant you are a customer of to facilitate any returns or exchanges.
Wrong Product or Missing Product
If the product or products you requested are missing when your package arrives, or if in the case of a multiple set, one or more pieces are missing, or a wrong product was sent by mistake, then EBCS will either send a replacement or send the missing piece of your order.
To initial either of these options, please call EBCS at 800-766-1918 so we may assist you in this process.
Privacy Policy
We realize that you are concerned about how the information you provide online will be used. EBCS’s Privacy Policy is available on this EBCS Website and is incorporated herein by this reference. Please read our Privacy Policy for more details
Jurisdiction
This Agreement shall be governed and construed in all respects by the laws of the State of Maryland, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of EBCS Technology or your use of services and/or purchase from EBCS must be filed within one (1) year after such claim or cause of action arose or be forever barred, and you expressly waive any other statute of limitation which otherwise may apply. Subject to the arbitration provision set forth herein, you agree to submit to the exclusive jurisdiction of the courts of the State of Maryland or the United States District Court for the State of Maryland for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of this EBCS Website. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
EBCS Intellectual Property Notice
Pursuant to the Digital Millennium Copyright Act, EBCS has designated the person listed below as its agent to receive notifications of alleged copyright or other intellectual property infringement on this EBCS Website. EBCS respects the intellectual property of others, and asks our users to do the same. If you believe that your work has been copied, used or distributed in a way that constitutes infringement, or your intellectual property rights have been otherwise violated, please provide EBCS’s Agent the following information (the “IP Notice”): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim has been infringed is located in the EBCS Technology; (d) your address, telephone number and email address; (e) 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; and (f) a statement by you, made under penalty of perjury, that the information in your IP Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
EBCS’s Agent for transmitting the IP Notice for claims of copyright or other intellectual property infringement can be contacted at:
IP Agent
[Electronic Billing & Customer Support
P.O. Box 245
Timonium, MD 21094-0245]
Email address: [webmaster@EBCS-solutions.com]
Order of Preference
To the extent that any provision of this Agreement conflicts with any provision of your other agreements with EBCS, the terms and conditions of this Agreement shall take precedence over the conflicting term(s) and conditions of the other Agreement.
Links to Other Web Sites
The EBCS Technology contains links to other web sites (“Third Party Sites”) controlled or offered by third parties (non-affiliates of EBCS). EBCS is not responsible for the content, accuracy or opinions expressed on such Third Party Sites and such sites are not investigated, monitored or checked for accuracy or completeness by EBCS. EBCS hereby disclaims any and all liability for, any information, materials, products or services posted or offered at any of the Third Party Sites. By creating a link to Third Party Sites, EBCS does not endorse or recommend any products or services offered or information contained at Third Party Sites, nor is EBCS liable for any failure of products and services offered or advertised at those sites. Such third parties may have a privacy policy different from that of EBCS and Third Party Sites may provide less security than EBCS. Without limiting the foregoing, the EBCS Technology may contain offers from EBCS for products and services that may be obtained only by linking to the merchant web site to complete the transaction. Terms of the offer shown on the EBCS Technology, including, but not limited to, price, color, quantity, availability and description may vary from those shown on the merchant’s web site. Differences in the terms of an offer between what is displayed in connection with the EBCS Technology and what is offered at the merchant web site will be governed by the terms shown on the merchant’s web site. EBCS is not responsible or liable for any such differences or discrepancies.
Revisions and Consents
EBCS reserves the right to revise, modify, alter and/or update the terms and conditions of this Agreement at any time and for no or any reason whatsoever without notice. EBCS also reserves the right to make changes at any time to, or discontinue the use of, without notice or obligation, any of the products or services contained on or offered through the EBCS Technology (including, but not limited to, on this EBCS Website). Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on this EBCS Website or via electronic notice as described above. By continuing to enter this EBCS Website and/or using the EBCS Technology, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically review the terms and conditions of this Agreement.
Botnets
EBCS retains the right, in its sole and absolute discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, EBCS reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Deep Links; Spidering
You shall not “deep-link” to this EBCS Website, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) page of the EBCS Website, for any purpose, unless specifically authorized in writing by EBCS. The use of any tools, programs, robotic algorithms or products to automatically download or “spider” the EBCS Website or any of the pages of the EBCS Website is expressly prohibited and infringes on EBCS’s intellectual property rights.
Entire Agreement
This Agreement constitutes the entire agreement between you and EBCS with respect to the subject matter addressed herein, and governs your access to and use of the EBCS Technology and your purchase of products and/or services from EBCS, superseding any prior agreements between you and EBCS relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with EBCS pursuant to your enrollment and/or participation in other features of the EBCS Technology.
Arbitration
Except for the failure to pay any fees and/or disputes concerning a breach of the scope of the license granted herein, any other dispute arising out of, relating to or in any way connected with this Agreement, on written request of either party served on the other, shall be submitted to final and binding arbitration before a single arbitrator. If the parties are unable to agree on an arbitrator within thirty (30) days after a party has served notice of a request to arbitrate, then an arbitrator shall be selected by the American Arbitration Association pursuant to its then-current rules, within fifteen (15) days after the parties are unable to agree on the arbitrator. Arbitration shall take place in the City of Baltimore in accordance with the Rules and Regulations of the American Arbitration Association (Commercial Division).
General Provisions
If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement. You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect.
EBCS’s failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement. EBCS may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of EBCS. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
Neither party will use the name of the other party in connection with any product, service, promotion, news release, report, or other publicity, oral or written, without the prior written permission of the other party.
EBCS’s status is that of an independent contractor. EBCS is neither an agent nor an employee of you. EBCS, its officers, directors and employees are not entitled to any benefits applicable to employees of you.
Print this Agreement
For record keeping purposes, EBCS encourages you to print this Agreement and the ancillary documents described herein.
You agree that this Agreement, combined with your act of using this EBCS Website and/or the services offered on or through this EBCS Website have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print and read this Agreement.