Terms of services and refund policies

Pour lire cette page en français cliquez ici.

Last updated: October 22, 2021

Please read these terms and conditions ("Terms & Conditions", "Terms") carefully before using ecomsupremacy.net, cyrilortega.com, ecomsupremacy.teachable.com, ecomsupremacy.com, ecomsupremacy.thrivecart.com, checkout.ecomsupremacy.com/ ecomsupremacy (the “Website”) or any related site operated by ORTEGA DIGITAL, INC (“my”, “my”, “we”, “Company”, “Cyril Ortega”).

These terms and conditions (the "Terms") are intended to define your use of the website. These Terms have the power of a legally binding agreement, even if you are simply browsing with no intention of contacting us, purchasing anything, or creating an account.

Sometimes we change these conditions. We do not notify users of every change to the Terms, but you can see the date of the last update at the top of this page. If you still wish to visit the website after this date, this constitutes your acceptance of the updates.

Your access to and use of the website is conditioned by your acceptance of and compliance with these terms. These terms apply to all visitors, users and others who access or use the website.

Our privacy policy (https://www.ecomsupremacy.com/avaution-de-gains29853584) is another important document that you should be familiar with as it describes our practices regarding your personal information.

By accessing our use of the website, you agree to be bound by these terms. You may not visit the website if you do not agree to these terms or the privacy policy.

Access to the website and restrictions on your use

By visiting this website, you represent and agree that:

a) You are 18 years of age or older. You have full capacity to enter into a legally binding agreement, such as these Terms.

b) If you buy something, you are responsible for the validity of your payment method. You will pay as agreed using only the payment methods that you are authorized to use. You will not use a false identity.

c) You will not resell or use for commercial purposes the website or its content. You may only use them for private and non-commercial purposes.

d) You will not allow other people to use your account, except as expressly permitted by us. Everything that happens under your account is your responsibility. Registration of duplicate accounts is not allowed.

e) If you are making a submission, it must be truthful and not misleading. We may terminate any account for posting deceptive reviews, comments, or other content. We reserve the right to modify, reject or delete anything submitted to us without notice. You will not send spam, anything defamatory, vulgar, racist, abusive or hateful.

f) You will ask our permission before copying anything from our website for republication.

g) You will not use our website for anything illegal.

h) We reserve the right to terminate any account in our sole reasonable discretion and without notice or liability.

i) Robots, crawlers, indexers, web spiders, Harvesters or any similar automatic process are not permitted on our website.

j) You will not interfere with the proper functioning of the website.


Purchase of items featured on our website

The company takes reasonable precautions to try to ensure that all prices quoted on the website are correct and to describe the items available on the website as accurately as possible. However, when ordering any products or services presented on the website, please note that the company does not guarantee that descriptions of products and services are accurate, complete, reliable, current or error-free. If any product or service described on the website does not match the description when you receive or use it, you should contact our customer service at help@ecomsupremacy.com.

Anti-piracy

You will take all available measures to protect the intellectual property of ORTEGA DIGITAL, INC and you will not engage in any fraud or violation of our intellectual property in any form. This includes the unauthorized reproduction, distribution or resale of ORTEGA DIGITAL, INC. Products, intellectual property, services, frameworks or technologies. You will promptly notify ORTEGA DIGITAL, INC at aide@ecomsupremacy.com (or any other contact information specified by ORTEGA DIGITAL, INC from time to time) of any infringement, piracy or other violation of the intellectual property of ORTEGA DIGITAL, INC and you will cooperate with ORTEGA DIGITAL, INC in the investigation.

Pricing errors and omissions

Please note that prices, availability and other purchasing conditions are subject to change without notice. We make every effort to ensure the accuracy of the information on the website and if any errors are found, we correct them. Please be aware that the Company reserves the right to revoke any offer set forth to correct any errors, inaccuracies or omissions, including after an order has been submitted, after it has been confirmed or after your credit card has been charged. .


Cancellation and refund policy

Effective: October 22, 2021

Only users in good standing who comply with these Terms are eligible for refunds according to the procedures below. We have no obligation to offer refunds to any customer who violates these Terms, whether or not their request is made within the designated refund period.

No refund will be established for any person having benefited from a commercial gesture, discount, other than our promotional code.

Request a refund / cancellation

Ecom Supremacy - LITE

The refund is valid within 24 hours after purchase.

Refund requests for Ecom Supremacy - LITE must be made by email at aide@ecomsupremacy.com within 24 hours of the original purchase date of your product.

No refund will be possible for payments made by bank transfer, Western Union, Zelle or any other electronic money transfer platform.

There will be absolutely no refunds possible after 24 hours from the date of purchase (even if you have not accessed the training), and the total amount of the agreed payments must be made.

In the event of a refund, we will refund your payment less a $50 USD non-refundable fee and access to Ecom Supremacy LITE or any other product or service in question will be immediately forfeited.

Ecom Supremacy V3 and Ecom Supremacy VIP

This warranty is unique to Ecom Supremacy V3 and Ecom Supremacy VIP training, and does not apply to any other product.

60-day warranty under the following conditions:

You have spent at least $ 200 USD on advertising, you have an active online store and you have not made any sales. Proof should be sent in writing by email to aide@ecomsupremacy.com where your store login as well as your business manager will be required for verification.

If you meet the following conditions and have not had at least 1 sale, Cyril will take care of fixing your online store himself and will use his own money to advertise your store until you got at least 1 sale.

If you don't get at least one sale within 2 weeks, we'll refund your full registration and give you an additional $500 USD.

We give you this never-before-seen guarantee to prove to you that if you do what Cyril tells you to do in the training, you will make online sales.

Warning: The warranty is no longer valid once you have made at least one sale on your store.


Ebook and accompanying video training:

We strictly do not offer refunds on purchases of these products or services.


Subscription Products: Club Ecom Supremacy and Club Ecom Supremacy Lifetime

We do not offer refunds on products offered through subscription payments. To avoid being charged for a subscription payment, you must cancel before the end of any trial period and / or before your next subscription payment is due.

If you cancel your subscription, the cancellation will be effective immediately; you will immediately lose access to your subscription; no pro-rated refunds are issued for unused portions of subscription periods.

If you have purchased the the 6 month access with a one time payement, no refund will be possible.

Any cancellation of subscription must be done in writing by e-mail to aide@ecomsupremacy.com

Live Events

We do not offer refunds on live event ticket purchases. If you are unable to attend a live event, please contact us prior to the event to request free access to the event recordings.


Coaching sessions, online store creation, list of influencers, store reviews

We strictly do not offer refunds on purchases of these products or services.

The 60 minutes of coaching begins exactly at the indicated time.
If the client arrives late, the coaching will continue until the end of the scheduled 60 minutes.

Any request for a schedule change must be communicated to us as quickly as possible by email and at the latest 24 hours before the planned coaching session (aide@ecomsupremacy.com).

If the client does not show up during the session, the session will be lost and no refund or schedule change will be possible.

Information Products / Training Courses

All sales of information products are subject to a 24-hour “no questions asked” full refund policy. There will be absolutely no refunds possible after 24 hours from the date of purchase (even if you have not accessed the training), and the total amount of the agreed payments must be made.

Installment payments

If you purchase an information product through a installment payment plan, you agree to pay all down payments as they fall due. Failure to pay a deposit will result in the revocation of your access to the product. Your access to the products is restored when all amounts due have been paid in full. In the event that you do not pay all installments, refunds on past / existing payments will not be issued.

From the first installment payments made, the normal refund policy (above) applies. Note that the purchase date is the date you entered into the payment contract.

After 24 hours from the date of purchase, your refund request is no longer valid.

** Downloading any content waives your right to request a refund.

To request a refund, contact customer service via aide@ecomsupremacy.com.

We are not responsible for any refund amount due to technical issues on your computer including, but not limited to: printer malfunction, inability to install Adobe Acrobat Reader and / or issues due to internet connectivity.


Affiliate Program

Approved Affiliates will earn $ 200 on all successful referrals.
If the referred person pays all at once, the affiliate will receive $ 200 USD, automatically on your Paypal, 30 days after their purchase.
If the referred person pays in three installments, The Affiliate will receive $ 200 USD, automatically on your Paypal, 90 days after purchase.

The referral will not be counted as success if the referral registers with a reduction coupon or during a special promotion; the affiliate will therefore not receive his commission.

If, during the 30 day period prior to the payment of a commission, the original purchase is refunded, revoked or removed in any way, the affiliate commission on that purchase will be revoked.

All affiliate commissions are paid through PayPal and require a minimum balance of $50.


Modification or suspension of the website

You agree that the Company, in its sole discretion, may make, and at any time, modify, discontinue or suspend its operation of this website, or any part thereof, temporarily or permanently, without notice, and you agree that we cannot be held responsible for the consequences of this action.


Disclaimer of warranty

EVERYTHING PROVIDED BY US ON THIS WEBSITE IS ON AN "AS IS" BASIS, AT YOUR OWN RISK. DO YOUR OWN RESEARCH BEFORE RELYING ON ANYTHING ON THIS WEBSITE. WE DO NOT GUARANTEE ANY PROFITS OR OTHER RESULTS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NO INFRINGEMENT, SAFETY, NO DEFECTS OR THAT DEFECTS WILL BE CORRECTED, OR WITHOUT VIRUS.


Limitations of Liability and Damages

YOU AGREE THAT THE LEGAL LIABILITY OF THE COMPANY, INCLUDING THE LIABILITY OF ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, FOR ANY CLAIMS MADE BY YOU ARISING FROM YOUR USE OF THE WEBSITE OR THE PURCHASE OF YOUR SERVICES OFFERED ON THIS DOCUMENT WILL BE LIMITED TO THE AMOUNT YOU PAY TO THE COMPANY, EXCEPT AS PROVIDED FOR IN THE ARBITRATION AGREEMENT BELOW. UNDER NO CIRCUMSTANCES WILL SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BE ATTRIBUTED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO CLAIM, ACTION OR ACTION MAY BE BROUGHT AGAINST US AFTER MORE THAN SIX MONTHS FROM THE DATE OF THE UNDERLYING CAUSE OF THE ACTION OCCURRED. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY TO YOU EXCEED THE CHARGES WE HAVE RECEIVED FROM YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.


In accordance with the laws

You agree to comply with all applicable federal, state and local laws, regulations, rules and ordinances regarding your use of the website, including, without limitation, laws regarding the import / export of data. techniques by virtue of your online transmission.


Indemnity

You agree to defend, indemnify and hold the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, safe from any claim or demand, including reasonable attorney fees. and legal costs, incurred by a third party as a result of or arising out of your use of the website or our products and services, your breach of the terms or your breach of any of your acknowledgments, agreements, representations, warranties and obligations of present.
 

YOU ACKNOWLEDGE THAT THE COMPANY HAS SET ITS PRICES AND PROVIDED ACCESS TO THE WEBSITE BASED ON THESE LIMITATIONS OF LIABILITY AND DAMAGES AND INDEMNITY IN THESE TERMS, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS ON WHICH THE COMPANY PROVIDES ITS WEBSITE AND OFFERS ITS PRODUCTS SERVICES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DAMAGES AND INDEMNITY IN THESE TERMS SURVIVE AND APPLY EVEN IF YOU FIND A FAILURE OF THEIR ESSENTIAL PURPOSE.



Confidentiality

You may not use or disclose confidential information relating to our business, users, operations and properties for any purpose without our express prior written permission. You agree to take all reasonable steps to protect secrecy and avoid disclosure or use of our confidential information.

Links to third party sites

The website may link to other websites independent of the company. These links are provided for convenience only. We make no representations or warranties as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such site. You visit any such website at your own risk. You agree that the Company is not responsible for any loss or damage of any kind that you may suffer while dealing with such third party websites.
 

Content ownership

The company owns and operates this website. The company or third parties own all rights, title and interest in and to the material provided on this website, including, but not limited to, the "look and branding" of the website (including its design, layout, its color combinations, button shapes and other graphic elements), information, documents, logos, graphics, sounds, page headers, button icons, service marks , trademarks, trade dress and images (collectively, the "Materials"). Unless we expressly provide otherwise, you may not copy, republish, reproduce, upload, display, publish, distribute or transmit the material from any Any way. Nothing on this website gives any license, express or implied, to the intellectual property rights of the Company. All rights not expressly granted to you by these Terms are reserved by us.

 
All website design, text, graphics, and their selection and layout are property of the Company. Copyright © 2021, ORTEGA DIGITAL, INC. ALL RIGHTS RESERVED.

If you submit any content to us, you represent that you have all necessary rights to that content, and we may use and implement any comments you provide voluntarily, without compensation to you. You remain responsible for the content you submit.
Application de ces conditions

If a user violates these Terms or any law, we may, without limitation: (i) ban that user from the website; (ii) disclose the user's identity to authorities and participate in investigations; (iii) remove or moderate User Content; (iv) take any other measure provided for by law.


Applicable law

These Terms and the relationship between us are governed by the laws of the United States without regard to principles of conflict of laws.


Settlement of disputes by binding arbitration
 
PLEASE READ THIS DOCUMENT CAREFULLY. IT AFFECTS YOUR RIGHTS.

Summary:

Most of your issues can be resolved quickly to your satisfaction by contacting our customer service center via help@ecomsupremacy.com. In the unlikely event that customer service cannot resolve your complaint to your satisfaction, or if we have not been able to resolve a dispute with you after trying to do so informally, we agree to each resolve these disputes through binding arbitration rather than in court. Arbitration is less formal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows less discovery than courts, and is subject to very limited judicial review. The American Arbitration Association (AAA) will serve as the arbitration provider. We agree that any arbitration under these Terms will take place on an individual basis. Representative, collective group or share class actions or arbitrations are not authorized. As explained below, if you prevail in arbitration, the Company may pay you more than the amount of the arbitrator's decision and will pay your actual and reasonable legal fees if you receive more than that. that the Company has proposed to you to settle the dispute before arbitration.

 
You may speak to your own lawyer before using this website or purchasing any product or service, but your use of this website and purchase of any product or service constitutes your acceptance of these terms.

Arbitration agreement:

You and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims that we agree to arbitrate are intended to be interpreted broadly, including but not limited to:

1) claims arising out of or relating to any aspect of the relationship between us, whether based on contract, tort, statute, fraud, misrepresentation, publicity or any other legal theory;

2) complaints that arose before the entry into force of these conditions or of any previous condition;

3) claims that are currently the subject of a so-called class action in which you are not a member of an approved group; and

4) complaints that may arise after termination of these Conditions.

For the purposes of this Arbitration Agreement, references to "Company", "you" and "we" include our respective subsidiaries, affiliates, agents, employees, interested predecessors, successors and assigns, as well as all authorized users or not allowed. or the beneficiaries of the Website and our products and services under these Terms or any prior agreement between us.

This arbitration agreement does not prevent you from bringing matters to the attention of federal, state or local agencies. These agencies may, if the law allows, seek redress against us on your behalf. You agree that by entering into these Terms, you and the Company each waive the right to a jury trial or to participate in REPRESENTATIVE, COLLECTIVE, GROUP, OR CLASS ACTION action or arbitration.
 

You acknowledge that the use of this website and / or the purchase of any products or services constitutes an interstate commerce transaction. The Federal Arbitration Act (“FAA”) governs the interpretation and application of this arbitration agreement. This arbitration agreement survives the termination of these conditions.

b. A party seeking arbitration under these Terms must first send, by certified mail in the United States, a written notice of dispute (“Notice”) to the other party. Notice to the Company should be addressed to: [Recipient and Address, Attention: Notice of Dispute (the “Notice Address”). The company may send a written notice to the email address you provided when creating an account, if applicable. The Notice must (a) describe the nature and basis of the claim or dispute and (b) state the specific remedy requested (“Claim”). If you and the company cannot reach an agreement to resolve the complaint within 30 days of receiving the notice, you or the company may initiate arbitration proceedings. During the arbitration, the amount of any settlement offer made by the Company or you will not be disclosed to the arbitrator until the arbitrator has determined the amount, if any, to which you or we are entitled.

You can download or copy a form to initiate arbitration from the American Arbitration Association (“AAA”) website at:

http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820.

c. Once the Company receives notice at the Notification Address that you have commenced arbitration, it will promptly reimburse you for payment of the Filing Fee, unless your Total Claim exceeds $ 75,000. If your total claim exceeds $ 75,000, payment of all arbitration fees will be governed by the rules of the AAA. The processing fee for consumer initiated arbitrations is currently $ 200, but this is subject to change by AAA, the arbitration provider. If you are unable to pay these fees and your total claim is $ 75,000 or less, the Company will pay the filing fee directly after receiving a written request at the notification address. Unless otherwise stated herein, the Company will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with these Terms. If, however, the arbitrator determines that the substance of your claim or the relief sought in the claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11 (b)), then payment of all such fees will be governed by the rules of the AAA. In such event, you agree to reimburse AIC for all monies already disbursed by it which are otherwise your obligation to pay under AAA rules.

d. All arbitration proceedings will be governed by the AAA Commercial Dispute Resolution Procedures and Supplementary Consumer Dispute Procedures (collectively, the “AAA Rules”), as amended herein. conditions, and will be administered by the AAA. The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these conditions. All questions are to be decided by the arbitrator, except that questions relating to the scope, enforceability and interpretation of the arbitration provision and the scope, enforceability and interpretation of subparagraph (f) fall within the jurisdiction of the court.

e. Unless you and the Company agree otherwise, any arbitration hearing will take place in the county or parish of the contact address you provided to us. If your total claim is $ 10,000 or less, you can choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephone hearing, or by an in-person hearing governed by the AAA rules. . If you choose to proceed by telephone or in person, we may choose to respond only with a written or telephone response. If your claim exceeds $ 10,000, the AAA's rules will determine whether you are entitled to a telephone hearing or in person. The parties agree that in any arbitration under these Terms neither party shall rely on an award or finding of fact or finding of law made in any other arbitration to which the Company was a party. In all cases, the arbitrator will render a written and reasoned decision sufficient to explain the findings of fact and the conclusions of law on which the award is based.
 

F. If the arbitrator rules in your favor in any respect on the merits of your claim, and the arbitrator issues you an award greater than the value of our last written settlement offer made prior to selection arbitrator, the Company will pay you either the amount of the award or $ 2,000 ("the alternative payment), whichever is greater, plus the actual amount of reasonable attorney's fees and expenses you incurred for investigate, prepare, and pursue your claim in arbitration (the "Lawyer Payment"). If we have not made a written offer to you to resolve the dispute before an arbitrator is selected, you will be entitled to receive alternative payment and solicitor's payment, respectively, if the arbitrator grants you relief on the merits. The arbitrator may render decisions and resolve disputes relating to the payment and reimbursement of fees, expenses, payment alternative and the payment of the lawyer at any time during the proceedings and at the request of either party made within 14 days of the arbitrator's decision on the merits. In determining whether an award that includes attorney's fees or expenses is greater than the value of the Company's last written settlement offer, the arbitrator will only consider actual attorney's fees or expenses reasonably incurred. prior to the Company's settlement offer.

g. The right to attorney's fees and expenses referred to in paragraph (f) is in addition to any right to attorney's fees and expenses that you may have under applicable law. If you would be entitled to a higher amount under applicable law, this provision does not prevent the arbitrator from awarding you that amount. However, you cannot recover compensation for duplicate legal fees or costs. Although under certain laws the Company may be entitled to an award of attorneys' fees and costs from you if it wins in an arbitration, we will not seek such an award.

h. The arbitrator may award pecuniary and injunctive relief only in favor of the individual party seeking redress and only to the extent necessary to provide redress justified by that party's individual claim. YOU AND THE COMPANY AGREE THAT EACH MAY MAKE CLAIMS AGAINST THE OTHER SOLELY IN YOUR CAPABILITIES OR INDIVIDUAL CAPABILITIES AND NOT AS COMPLAINANTS OR CLASS MEMBERS IN ANY REPRESENTATIVE, CLASS OR COLLECTIVE ACTION OR ARBITRATION, A PRIVATE GENERAL ADVOCATE. Further, unless you and the Company agree otherwise, the arbitrator cannot consolidate the claims of more than one person and cannot preside over any form of representation, group or class action. The arbitrator may grant any remedy that a court might grant that is individualized to the claimant and would not affect other clients. Neither you nor we can request a non-individualized remedy that would affect other customers. If a court decides that the applicable law precludes the application of any of the limitations in this paragraph on a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought before a tribunal. All other claims remain subject to this arbitration agreement.

i. If the total amount in dispute exceeds $ 75,000 or if one of the parties seeks some form of injunctive relief, either party may appeal the award to a panel of three arbitrators administered by AAA by notice. written appeal within thirty (30) days from the date of entry of the written arbitration award. An injunction will be stayed during such an appeal. The members of the panel of three arbitrators will be selected according to the rules of the AAA. The panel of three arbitrators will render their decision within one hundred and twenty (120) days of the date of the appellant's notice of appeal. The decision of the panel of three arbitrators will be final and binding, subject to any right of judicial review that exists under the FAA.

j. Notwithstanding anything to the contrary in these Terms, we agree that if we make a material change to this arbitration provision (other than a change of notification address, website link or phone number), that change will not will not apply to any dispute of which we had written notice on the effective date of the change. In addition, if we seek to terminate this arbitration provision, such termination will not be effective until at least thirty (30) days after written notification of such termination and will not be effective in the event of a dispute that arises. before the termination date.

Digital Millennium Copyright Act

If you are a copyright owner or agent and believe that any material or content on this website infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act ("DMCA") by providing the following information in writing (see 17 USC 512 (c) (3) for details):

at. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right allegedly infringed;

b. Identification of the copyrighted work allegedly infringed or, if several copyrighted works on a single online site are covered by a single notification, a representative list of such works on that site;

vs. Identification of the material that is believed to infringe or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to enable the service provider to locate the material

d. Information reasonably sufficient to enable the service provider to contact you, such as an address, telephone number and, if available, email;

e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Communications for receiving notifications of alleged breaches are: aide@ecomsupremacy.com.

In order to contact the company regarding a complaint about the website or its materials, please send an email to help@ecomsupremacy.com.


General

a) Severability. If any part of these Terms is found to be unenforceable, then only that particular part, and not all of the Terms, will be unenforceable.

b) Communications. You agree that we may communicate with you by electronic means, SMS, push notifications, email or phone calls. All electronic communications have the same legal force as if they were in paper form.

c) Relationship of the parties. You and we are in an independent business relationship with each other. This means that there is no partnership, joint venture, employer / employee or any other similar arrangement.

d) Hyperlinks. Linking to our website is allowed, however, it should always be done in a way that does not adversely affect our business or involve some form of association when there is none.

e) Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations described in these Terms.

f) Waiver. Our failure to exercise any of our rights under these Terms will not be considered a waiver to exercise them in other cases. No waiver will be effective unless it is in writing and signed by us.

g) Dominant language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.

TERMS AND CONDITIONS OF THE MOBILE MESSAGE MARKETING PROGRAM SMS / MMS

ORTEGA DIGITAL, INC offers a mobile messaging program (the “Program”), which you agree to use and participate in subject to these mobile messaging terms and conditions and the privacy policy. By opting for or participating in any of our SMS / MMS programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any dispute with us through binding and individual arbitration, as detailed in the “Dispute Resolution” Section below. This agreement is limited to the program and is not intended to modify any other terms and conditions or the privacy policy which may govern the relationship between you and us in other contexts.

User deactivation: If you do not wish to continue participating in the program or no longer accept this agreement, you agree to respond STOP to any mobile message from us in order to unsubscribe from the program. You may receive an additional mobile message confirming your decision to unsubscribe. You understand and agree that the above options are the only reasonable methods of withdrawal. You also understand and agree that any other method of opt-out, including, but not limited to, sending textual words other than those set out above or making a verbal request from one of our employees to remove you from our list, is not a reasonable way to unsubscribe. 

Duty to notify and indemnify: If at any time you intend to stop using the mobile phone number that was used to subscribe to the program, including canceling your service plan or selling or the transfer of the phone number to another party, you agree to complete the user unsubscribe process described above before terminating your use of the mobile phone number. You understand and agree that your agreement to do so is an important part of these terms and conditions. You further agree that, if you stop using your mobile phone number without notifying Us of any such change, you agree that you will be responsible for all costs (including attorneys' fees) and liabilities incurred by Us, or any party that assists in the delivery of mobile messages, as a result of complaints made by people who are subsequently assigned that mobile phone number. This duty and agreement will survive any cancellation or termination of your agreement to participate in any of our programs.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US INDEMNIFY FOR ANY CLAIM OR LIABILITY ARISING FROM YOUR FAILURE TO NOTIFY ANY CHANGE IN THE INFORMATION YOU PROVIDED, INCLUDING ANY CLAIMS OR LIABILITY UNDER CONSOMLMA PROTECTION OR PHYSICIAN LAW. OF SIMILAR STATE AND FEDERAL LAWS, AND ANY RULES HEREBY PROMULATED AS A RESULT OF OUR ATTEMPT TO CONTACT YOU AT THE MOBILE PHONE NUMBER YOU PROVIDED.

Cost and frequency: Messaging and data charges may apply. The program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us. Carriers are not responsible for delayed or undelivered messages.

MMS Disclosure: The Program will send SMSTM (end messages) if your mobile device does not support MMS messaging.

Participant Requirements: You must have your own wireless device capable of transmitting two-way messages, use a participating wireless service provider, and be a wireless subscriber with text messaging service. Not all cell phone providers offer the service required to participate. Check your phone's capabilities for specific text messaging instructions.

Age restriction: you cannot use or engage with the Platform if you are under thirteen (13) years old. If you use or interact with the Platform and you are between thirteen (13) and eighteen (18) years old, you must have permission from your parents or legal guardians to do so. By using or engaging with the Platform, you acknowledge and agree that you are not less than thirteen (13) years old, that you are between thirteen (13) and eighteen (18) years old and that you have permission of your parents or legal guardians to use or engage with the Platform, or are of legal age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are authorized by the applicable law of your jurisdiction to use and / or engage with the Platform.

Prohibited content: You acknowledge and agree not to post any prohibited content on the Platform. Prohibited content includes:

- Any fraudulent, slanderous, defamatory, scandalous, threatening, harassing or stalking activity;

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred and discrimination on the basis of race, sex, religion, nationality, disability, l sexual orientation or age;

- Pirated computer programs, viruses, worms, Trojan horses or other harmful code;

- Any product, service or promotion that is illegal when that product, service or promotion thereof is received;

- Any content that involves and / or refers to personal health information that is protected by the Health Insurance Portability and Liability Act ("HIPAA") or the Information Technology Act on health for economic and clinical health (“HITEC” law); and

- Any other content prohibited by applicable law in the jurisdiction from which the message is sent.

Copyright 2021+ - Ecom Supremacy - Cyril Ortega - Digital Supremacy, Inc. - ORTEGA DIGITAL, INC