eShowcase, Inc. — Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") govern your access to and use of the website located at marketingtips.com (the "Site") and any products, memberships, digital content, information, and services offered through it (together, the "Services"). The Site and Services are owned and operated by eShowcase, Inc., trading as Marketing Tips ("we," "us," "our," or the "Company").

By accessing the Site, creating an account, or purchasing any product or Service, you confirm that you have read, understood, and agree to be bound by these Terms and by the other policies referenced in Section 21. If you do not agree, you must not use the Site or Services.

2. Definitions

"Content" means all information, text, images, video, audio, downloads, software, and other materials made available through the Services. "Digital Products" means any product delivered in electronic form, including downloads, memberships, courses, and online access. "Member" or "you" means any person who registers for an account or purchases a Service. "Order" means a request submitted by you to purchase a product or Service.

3. About Us

eShowcase, Inc., trading as Marketing Tips, is a company registered in the United States with its principal place of business at 1275 Lake Heathrow Lane, Lake Mary, Florida, 32746, United States. You can contact us using the details in Section 30.

4. Eligibility

You must be at least 18 years old and able to form a legally binding contract to use the Services. By using the Services you represent and warrant that you meet these requirements and that the information you provide to us is accurate and complete.

5. The Services

We provide marketing information, education, tools, digital products, and related memberships intended to support people in selling online. The Services are provided for your own personal or business use and are informational in nature. We do not guarantee any particular result, income, or outcome from use of the Services — please see our Earnings Disclaimer and FTC Disclaimer, which form part of your agreement with us.

6. Accounts and Registration

Some Services require you to register for an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Accounts and memberships are personal to you and may not be shared, sold, transferred, or accessed by more than one person. You agree to notify us promptly of any unauthorised use of your account. We may suspend or close accounts that we reasonably believe are being shared or misused.

7. Orders, Pricing and Payment

All prices are stated in US Dollars (USD) unless otherwise indicated and are exclusive of any taxes unless stated. We reserve the right to correct pricing errors and to change prices at any time, though changes will not affect Orders we have already accepted.

Your Order is an offer to purchase. A contract is formed only when we confirm acceptance of your Order and/or provide access to the product or Service. Payment is processed through our third-party payment processors, and by submitting payment details you authorise us and our processors to charge the applicable amounts. You are responsible for providing valid, current payment information.

8. Memberships, Subscriptions and Auto-Renewal

Where you purchase a membership or subscription, you agree that it will automatically renew at the end of each billing period at the then-current price, using your stored payment method, until you cancel. Billing periods and renewal prices are shown at the point of purchase.

We may change the price of a membership or subscription from time to time. We will give you at least 30 days' (one month's) advance notice of any price increase before it takes effect, for example by email to your registered address. Any new price will apply from your next billing period after that notice period ends. If you do not wish to continue at the new price, you may cancel at any time before it takes effect using the cancellation button within the membership site, and the increase will not be charged to you.

Cancellation is self-service: you may cancel a membership or subscription at any time using the cancellation button within the membership site. If you contact us or raise a support ticket asking to cancel, we will direct you to that button so you can complete the cancellation yourself. Cancellation prevents any future renewal charges. Because of the way our membership systems operate, cancelling a membership may immediately end your access to the membership area, including any remaining days in your current billing period. Membership fees already charged are non-refundable except where required by law or expressly offered under Section 10. By cancelling, you acknowledge and accept that your access may cease immediately upon cancellation.

9. Delivery

Digital Products are delivered electronically, and access is normally provided immediately or shortly after your Order is accepted. Where we supply any physical goods, we will confirm expected dispatch and delivery timelines at checkout or by email. Risk in physical goods passes to you on delivery.

10. Refund Policy

Where you are a consumer and the law of your country gives you a mandatory cancellation ("cooling-off") right, that right applies for the statutory period (for example, 14 days for consumers in the UK and EU). For Digital Products, you agree that where you request immediate access and acknowledge that you thereby lose any statutory cancellation right once access begins, that right will no longer apply.

In addition to any legal rights, we voluntarily offer a 30-day money-back guarantee on selected products, as described on the relevant product page. To request a refund under this guarantee, contact us within 30 days of purchase using the details in Section 30. Refunds are made to the original payment method within a reasonable period after approval. Certain products may be excluded from the voluntary guarantee where clearly stated at the point of sale. Nothing in this Section limits your non-excludable statutory rights.

11. Returns Procedure (Physical Goods)

If your Order includes physical goods and you are entitled to return them, you must return them in their original condition and packaging, with proof of postage. Unless the goods are faulty or were sent in error, you are responsible for return postage costs. We will process any applicable refund within 30 days of receiving the returned goods or evidence that they have been sent back.

12. Chargeback Policy

We value our customers and want to resolve any problem quickly. If you have any issue with a product, Service, or payment, you agree to contact us first at support@marketingtips.com so we can put it right or arrange a refund where appropriate, before contacting your bank or card provider.

Each time a chargeback or payment dispute is initiated against us, our payment processor (currently Stripe) charges us fees that are not refunded to us — whether or not the chargeback is later withdrawn and whether or not it is ultimately resolved in our favour — and we must spend time (typically 45 to 60 minutes per case) investigating and responding to it. These payment processor fees vary from chargeback to chargeback depending on the value of the transaction and the method used to respond to the dispute. They currently include a flat dispute fee of approximately US $15, together with additional variable charges such as a transaction processing fee and a dispute response (or "Smart Dispute") fee, each of which differs from case to case.

Accordingly, if you initiate a chargeback or dispute with your bank or card provider, you agree to pay us, for each chargeback: (a) an amount equal to all fees actually charged to us by our payment processor in connection with that chargeback, as itemised on our invoice to you; and (b) a reasonable administrative handling fee of US $35, reflecting the time our business incurs in investigating and responding to each dispute. These amounts are reimbursements of genuine costs we incur and are not penalties, and they are payable for each chargeback you initiate whether or not you subsequently withdraw it and whether or not it is resolved in our favour.

We will invoice you for these amounts, itemising the individual payment processor fees we have incurred together with the administrative handling fee, and payment is due within 28 days of the date of our invoice. If payment is not received within 28 days, we reserve the right to refer the outstanding amount to a debt collection agency of our choosing and to recover any reasonable recovery costs to the extent permitted by law.

Where a chargeback is raised, we and our payment processor may exchange the transaction and account information reasonably necessary to verify the purchase and respond to the dispute, in accordance with our Privacy Policy. We reserve the right to suspend or close the account of any person who raises a chargeback in breach of these Terms and to recover any sums owed to us by any lawful means. Nothing in this Section affects your right to raise a legitimate dispute where you have first given us a reasonable opportunity to resolve the matter.

13. Acceptable Use

You agree not to: copy, resell, redistribute, sublicense, or publicly share any Content or Digital Product except as expressly permitted; share account access; use the Services for any unlawful, fraudulent, or harmful purpose; attempt to gain unauthorised access to our systems; or scrape, harvest, or reverse-engineer any part of the Services. Breach of this Section may result in immediate suspension or termination without refund.

14. Intellectual Property

All Content and Digital Products are owned by or licensed to us and are protected by intellectual property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Content you have purchased for your own use only. All rights not expressly granted are reserved. Further detail is set out in our Intellectual Property Notice.

15. Earnings and Results Disclaimer

The Services provide information and education only. We make no representation or guarantee that you will earn any particular income or achieve any particular result, and individual results vary. You are solely responsible for your own decisions and actions. This Section must be read together with our Earnings Disclaimer and FTC Disclaimer.

16. Third-Party Links and Affiliate Products

The Services may contain links to, or promote, third-party websites, products, or offers, including affiliate offers for which we may receive compensation. We do not control and are not responsible for third-party content, products, or services, and your dealings with any third party are solely between you and that third party.

17. Disclaimer of Warranties

To the fullest extent permitted by law, the Services are provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components. This Section does not exclude any warranty or right that cannot be excluded under applicable law.

18. Limitation of Liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or in connection with the Services. Our total aggregate liability arising out of or relating to the Services will not exceed the amount you paid to us for the Service giving rise to the claim in the twelve (12) months before the event giving rise to liability. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.

19. Indemnification

You agree to indemnify and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, losses, liabilities, and reasonable expenses (including legal fees) arising out of your breach of these Terms, your misuse of the Services, or your violation of any law or third-party right.

20. Termination and Suspension

We may suspend or terminate your access to the Services, with or without notice, if you breach these Terms or if we are required to do so by law. On termination, the licences granted to you end and you must stop using the Services. Sections that by their nature should survive termination (including Sections 12, 14, 17, 18, 19, and 28) will continue to apply.

21. Privacy and Data Protection

Our collection and use of personal data is described in our Privacy Policy and Cookie Policy, which are incorporated into these Terms by reference. By using the Services you acknowledge those policies.

22. Changes to the Services and Terms

We may modify the Services and these Terms from time to time. Where we make material changes to these Terms, we will update the "Last updated" date and, where appropriate, provide additional notice. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

23. Force Majeure

We will not be liable for any failure or delay in performing our obligations where that failure or delay results from events beyond our reasonable control, including acts of God, outages, supplier or processor failures, and governmental actions.

24. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of assets.

25. Waiver

Our failure to enforce any provision of these Terms will not be a waiver of that or any other provision.

26. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

27. Entire Agreement

These Terms, together with the policies referenced in Section 21 and any terms presented at the point of sale, constitute the entire agreement between you and us regarding the Services and supersede any prior agreements.

28. Dispute Resolution, Arbitration and Class-Action Waiver

28.1 Informal resolution first (required). Our goal is to resolve every concern directly and quickly. Before either you or we may begin arbitration, the party raising the concern must first contact the other in writing (you may contact us at support@marketingtips.com) and allow at least 30 days to resolve the matter informally and in good faith. We aim to resolve issues at this stage, including by refund where appropriate, and most matters are resolved without any need for arbitration. Arbitration is a last resort, available only if this informal process does not resolve the dispute.

28.2 Binding arbitration (backstop). If, and only if, a dispute is not resolved under Section 28.1, you and we agree that any remaining dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration administered by JAMS in accordance with its Consumer Arbitration Minimum Standards of Procedural Fairness and its applicable rules then in effect, rather than in court — except that either party may instead bring an individual claim in small-claims court where the claim qualifies.

28.3 Remote hearings. To keep the process accessible and convenient for all parties, any arbitration will be conducted remotely by video or telephone conference, or on the basis of documents submitted, wherever permitted by the applicable JAMS rules, so that no party is required to travel. Where the applicable rules or the arbitrator require an in-person hearing, it will be held at a location reasonably convenient to you. Your access to arbitration will not be precluded by the location of the arbitration.

28.4 Costs. If you initiate arbitration as a consumer, you pay only the consumer filing fee set by JAMS (currently in the region of US $250), and we will pay all remaining JAMS administrative fees and the arbitrator's fees, in accordance with the JAMS Consumer Minimum Standards. Each party otherwise bears its own attorneys' fees, except where a statute or the arbitrator provides otherwise.

28.5 Procedure. The arbitration will allow for the reasonable exchange of non-privileged information relevant to the dispute, and the arbitrator will issue a written award stating the essential findings and conclusions on which it is based. The arbitrator may award any remedy available to you under applicable law on an individual basis.

28.6 Class-action waiver. You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding.

28.7 Exceptions. This Section does not apply to any claim that cannot lawfully be subject to arbitration or a class-action waiver, including claims of sexual harassment or sexual assault, and it does not prevent either party from seeking injunctive relief to protect intellectual property or confidential information.

28.8 Opt-out. You may opt out of this arbitration and class-action-waiver Section by sending written notice to support@marketingtips.com within 30 days of first accepting these Terms, stating your name and that you wish to opt out. Opting out will not affect any other part of these Terms.

28.9 Reciprocity and consumer rights. This Section binds you and us equally. Nothing in it removes any mandatory right you may have under the consumer-protection laws of your country of residence where those laws prevent such rights from being waived.

29. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Florida and applicable federal laws of the United States, without regard to conflict-of-laws principles. Subject to Section 28, the state and federal courts located in Florida will have jurisdiction, except where mandatory consumer-protection laws of your country of residence give you the right to bring proceedings elsewhere.

30. Contact Details

eShowcase, Inc., trading as Marketing Tips
1275 Lake Heathrow Lane, Lake Mary, Florida, 32746, United States
Phone: +1 (702) 919-6146
Email: support@marketingtips.com