Terms of Service

Terms of Service

This AGREEMENT (“Agreement”) is entered into by the operator and owner of this website, FYF Supplements LLC, d/b/a eComBoostMedia and YOU (the “client”, “customer”, “user”). Throughout the site, the terms “contractor”, “we”, “us”, “designer”, “developer” and “our” refer to FYF Supplements LLC, d/b/a eComBoostMedia, FYF Supplements LLC, eComBoostMedia.

Contractor offers this website, including all information, tools and services available from this site to you, the client, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, clients, merchants, and or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Contractor is in the business of providing electronic commercial services (“e-commerce”).  These services may include one, a combination of or all of the following services: Shopify Front & Backend Development (Liquid Theme, Javascript and HTML), Shopify Theme Customization & Store Design (Liquid Markup, Javascript, jQuery, HTML5, CSS3 and Responsive Web Design), Shopify Migration From Any Platform, Shopify App & Integration (YotPo, HotJar, Oberlo, Zapier, Mailchimp, Zendesk, Exit Intent, etc.), Shopify Page Load Speed Optimization, PSD to Shopify Theme, Shopify Theme Customization & Redesign, Copywriting, Landing Page Optimization, Advertising & Marketing (SEO & PPC), Graphic Design, Maintenance & Testing Services, Consulting & Strategy.

Client is engaging Contractor for the purposes of obtaining such e-commerce services as described above. Our store is hosted on Shopify Inc. As a Shopify Partner, they provide us with the online e-commerce platform that allows us to sell our products and services to you.

Contractor agrees to furnish the e-commerce services to Client, in strict accordance with the services and products contained in the final paid invoice (“Services”), pursuant to the terms and conditions contained in this Agreement:

All Services shall be completed within the agreed timeline by both Contractor and Client on the Effective Date (“Delivery”). The Client will review Services and can request up to two (2) revisions provided by Contractor at no additional charge. Any extra changes or revisions after the two (2) shall be billed at the standard rate of $200.00 USD per hour Contractor rate.

The non-refundable price of the Services shall be made in U.S. currency, USD (“Price”), and Client agrees to pay said Price in accordance with the following payment schedule, due upon agreement.

All payments shall be made via debit card/credit card payment services or by check to the address provided below. Should a payment be late or never made/received, Contractor reserves the right to freeze and or terminate all work related to such account until all payments are settled.

Address:

FYF Supplements LLC, d/b/a eComBoostMedia

304 Indian Trace, Suite 304 Weston, Florida 33327

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products or services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Product or Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Product or Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website.

We have made every effort to display as accurately as possible the colors and images of our products and services that appear at our store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - TERMINATION AND ACCOUNT INFORMATION

We reserve the right to terminate or suspend access to our service immediately, without prior notice or liability for any reason whatsoever, including without limitation if you breach the Terms of Service. We have the right to refuse a refund request of any and all project cancellation requests from clients and or customers.

Any recurring plan termination must be explicitly sent in writing to avoid additional charge, or continuation of the recurring charges. If eComBoostMedia does not receive explicit cancellation request 15 days prior to next billing period and no earlier than 15 days after previous billing period has started, eComBoostMedia reserves the right to continue billing cycle.

All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, project details, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall eComBoostMedia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our products or service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

Contractor in no event shall be liable for lost profits and any special, incidental or consequential arising out of or in connection with our Services or this Agreement (however arising, including negligence). You agree to indemnify, defend and hold harmless eComBoostMedia and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17 - CLASS ACTION WAIVER

You agree that (i) no arbitration proceeding hereunder whether a consumer or a business dispute shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or Persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. The parties agree to arbitrate a consumer dispute or business dispute on an individual basis and each waives the right to participate in a class action.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms of Service will not be considered a waiver of those rights. If any provision of these Terms of Service is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Service will remain in effect. These Terms of Service constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 20 - PAYMENT

Contractor reserves the right to solely adjust and enforce payment scheduling on a project by project basis. If Contractor deems the project scheduling to be longer than initially anticipated, due to client delay, Contractor reserves the right to invoice the balance on the project, if there is a balance on the project.

Contractor agrees to furnish the e-commerce services to Client, in strict accordance with the services and products contained in the final paid invoice (“Services”), pursuant to the terms and conditions contained in this Agreement:

All Services shall be completed within the agreed timeline by both Contractor and Client on the Effective Date (“Delivery”). The Client will review Services and can request up to two (2) revisions provided by Contractor at no additional charge. Any extra changes or revisions after the two (2) shall be billed at the standard rate of $150.00 USD per hour Contractor rate for the related services. Any additional work performed outside of our normal agreed upon services will be invoiced separately at the standard hourly rate of $150.00 USD. This may include but not limited to any installations of 3rd party app and tools to integrate with existing theme, graphic design, SEO / PPC services, coding, etc.

The non-refundable price of the Services shall be made in U.S. currency, USD (“Price”), and Client agrees to pay said Price in accordance with the following payment schedule, due upon agreement.

All payments can be made via debit card/credit card payment services (surcharges may apply) or by check to the address provided below. We require all invoices to be paid on time, due upon receipt. Should a payment be late, never made, never received, Contractor reserves the right to freeze and/or terminate all work related to such account until all payments are settled.

Address:

FYF Supplements LLC, d/b/a eComBoostMedia

304 Indian Trace, Suite 304 Weston, Florida 33327

Section 21 - CONTENT & MARKETING RIGHTS

Contractor is not responsible for our clients content. Our clients are expected to provide any and all content (images, descriptions, text, logo, artwork, files). Contractor is not responsible for any client content or the intellectual property of that content.

Contractor retains the right, and Client grants to Contractor the right to use information regarding the existence of our partnership in public relations, marketing, advertising or similar publications and campaigns such as but not limited to: marketing, advertising, brochures, press releases, case studies, references, testimonials, and other reasonably related activities.

Section 22 - CONTRACTOR THEMES

You may establish the appearance of your Shopify store with a design template from Contractor’s Theme Store (“Theme”). If you download a Theme, you are licensed to use it for a single store only. You are free to transfer a Theme to a second one of your own stores if you close your first store. You are not permitted to transfer or sell a Theme to any other person’s store on Shopify or elsewhere. Multiple stores require multiple downloads and each download is subject to the applicable fee. Contractor gives no assurance that a particular Theme will remain available for additional downloads.

Client may modify the Theme to suit Client’s store. Shopify may add or modify the footer that refers to Shopify at its discretion. Contractor may modify the Theme where it contains, in our sole discretion, an element that may be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any person’s intellectual property, even if you received the Theme in that condition. Contractor may modify the Theme to reflect technical changes and updates as required.

The intellectual property rights of the Theme remain the property of the Contractor. If you exceed the rights granted by your purchase of a Theme, the Contractor may take legal action against you, and Shopify may take administrative action such as modifying your store or closing your store. It is the responsibility of the user, and not the Contractor, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user, unless, Client engages and agrees with Contractor for those Services.

SECTION 23 - REFUND POLICY

All digital products from Contractor including Themes, Templates, Newsletter Designs, Audio files, Video files or image files are NON-REFUNDABLE.

SECTION 24 - ACCEPTANCE OF THE TERMS OF SERVICE, AGREEMENT, CONTRACT

This Agreement shall become effective by: clicking, checking, selecting, written, verbal and other reasonable forms of indicating Client’s acceptance to the “I have read, understood, and agreed to these terms and conditions”, purchasing any services or products from Contractor, visiting or using any of the websites owned and operated by Contractor, or by any other reasonable means of acceptance, by the Client. The terms and conditions of said Agreement are expressly limited to the provisions hereof, notwithstanding receipt of, or acknowledgment of any purchase order, specification, or other document issued by Client. Any additional or different terms set forth or referenced in Client’s purchase order or similar document are hereby objected to by Contractor and shall be deemed a material alteration of these terms and shall not be a part of any resulting order.

SECTION 25 - NON-EXCLUSIVITY

This Agreement is a non-exclusive agreement, and both Contractor and Client remain free to enter into similar agreements with third parties.

SECTION 26 - NON-SOLICITATION

If Client hires or contracts with any employee or Independent Contractor of Contractor, the Client will agree to pay Contractor, a finder’s fee of 50% of the annual salary or contract fees offered to the contractor or employee. Said payment will be rendered within 30 days of hiring or contracting the contractor or employee.

SECTION 27 - INDEPENDENT CONTRACTOR

Neither Contractor or Client shall, at any time or for any purpose whatsoever, be or become an employer, principal, employee or representative of the other; neither party has any right or authority to assume or create any obligation of any kind in the name of or on behalf of the other; and neither party shall be responsible for the acts or omissions of the other or the other's agents, officers, directors, employees or subcontractors.

SECTION 28 - OWNERSHIP

Contractor will provide a Finished Product(s) to the Client in the form of source, rendered and asset files relating to all the requested Services (“Finished Product”). The Finished Product becomes the exclusive property of the Client upon acceptance of Delivery, however these files are partially based on a non-exclusive code base created and maintained by Contractor and in some cases existing code was used to help create the deliverables. Such code and other underlying technologies shall NOT become the property of the Client, only the Finished Product(s). In addition, the Finished Product(s) may depend on code, objects (COMs), and other third party utilities that are the property of their respective owners. No rights to these dependencies are expressed or implied. Additional licensing may be required for third party assets.

29 - BACKUPS

Contractor maintains internal backups of active project code and design files. This backup system is not intended as a solution for the Client, but rather as a code archive through the duration of this Agreement. While the Contractor backup system is fully redundant, it is not guaranteed and does not support any content produced by the Client. The Client is solely responsible for the backup and restoration of the Finished Product(s) and any associated data.

30 - HOSTING

Contractor does not provide Hosting services beyond temporary internal development environments. The Client is responsible for choosing, paying for, and maintaining any required Hosting solutions and associated services. As a courtesy, Contractor may offer suggestions, however, Contractor is NOT responsible for down time, poor performance, loss of data, or any other problems caused by the Hosting Provider. Additionally, Contractor is not responsible for any bug caused by changes on the Host after the Acceptance of this Agreement, including but not limited to updates to operating system, compile systems, code libraries and languages, or any changes resulting from security violations.

31 - WARRANTIES

Contractor will provide patches and bug fixes for any bugs or issues included in the scope of this contract reported within the grace period of no more than 30 days (“Grace Period”) following the date of Delivery. All bug fixes outside of the project scope or after the Grace Period are the responsibility of the client.

Google, Facebook, Bing or YouTube reserve the right to refuse, block and terminate advertising to anyone who is in violation of their subjective policies. Once linked to Contractors Google Ads Manager Account (MCC), Facebook Business Manager, and or other linked Manager Accounts, Contractor does not assume responsibility for your account if it is found to be in violation of their Ad policies.  It is the Clients responsibility as an advertiser to comply with the applicable laws and regulations, and policies set forth but not limited to by Google, Facebook, Bing or YouTube.

SECTION 32 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@ecomboostmedia.com.

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