Terms of service

Terms of Use

Last Updated: June 25, 2026

Welcome to ECOMsultant ("ECOMsultant," "we," "our," or "us").

These Terms of Use ("Terms") govern your access to and use of https://ecomsultant.com, including all content, articles, case studies, downloadable materials, digital products, consulting services, assessments, newsletters, communications, and any future products or services made available through this website (collectively, the "Website" or "Services").

By accessing or using this Website, you agree to be legally bound by these Terms. If you do not agree with these Terms, you should discontinue use of this Website.

1. Purpose of This Website

ECOMsultant provides educational content, strategic insights, consulting services, digital resources, and professional advisory services focused on digital commerce, eCommerce, customer experience, digital marketing, technology strategy, digital transformation, and related business disciplines.

The information presented throughout this Website is intended to educate, inform, and assist business professionals in understanding digital commerce best practices. Nothing contained on this Website should be interpreted as legal, financial, tax, accounting, or other regulated professional advice.

2. Eligibility

By accessing this Website, you represent that you are at least eighteen (18) years of age and legally capable of entering into binding agreements.

If you are accessing this Website on behalf of a company or other legal entity, you represent that you have authority to bind that organization to these Terms.

3. No Consulting Relationship

Your use of this Website does not create a consulting relationship, agency relationship, fiduciary relationship, partnership, joint venture, or any other professional relationship between you and ECOMsultant.

Submitting a contact form, requesting information, subscribing to updates, downloading resources, or communicating with us does not establish a consulting engagement.

A professional consulting relationship is created only after:

both parties execute a written Statement of Work (SOW), Master Services Agreement (MSA), Consulting Agreement, or other written contract; and
any required fees have been paid according to that agreement.

Until then, all information provided through this Website is considered general informational content.

4. Consulting Services

ECOMsultant provides consulting services that may include, but are not limited to:

Digital commerce strategy
eCommerce consulting
Executive advisory services
Fractional leadership
Digital transformation consulting
Customer experience strategy
Conversion rate optimization
Customer acquisition strategy
Customer retention strategy
Shopify consulting
Restaurant technology consulting
Digital maturity assessments
Technology evaluations
Website audits
SEO consulting
CRM strategy
Analytics consulting
Other professional advisory services

Specific deliverables, pricing, timelines, responsibilities, ownership rights, confidentiality obligations, payment terms, and liability limitations will be governed exclusively by the written agreement executed for each consulting engagement.

If there is any conflict between these Terms and a signed consulting agreement, the signed consulting agreement shall control.

5. Educational Content

Articles, blog posts, videos, podcasts, case studies, presentations, webinars, newsletters, downloadable resources, templates, checklists, assessments, and similar materials are provided solely for educational and informational purposes.

Although the information is based upon professional experience and industry knowledge, every business operates under unique circumstances.

Accordingly, you should not rely exclusively on the information provided through this Website when making business decisions.

You are solely responsible for evaluating whether any recommendation, strategy, framework, or methodology is appropriate for your organization.

6. No Guarantee of Results

Every business operates under different market conditions, customer behaviors, competitive environments, operational constraints, budgets, and execution capabilities.

Accordingly, ECOMsultant makes no guarantee that implementation of any strategy, recommendation, article, assessment, consulting engagement, downloadable resource, digital product, or educational material will produce any particular result.

Examples of outcomes that are not guaranteed include:

Revenue growth
Increased profitability
Conversion improvements
Search engine rankings
AI visibility
Website traffic
Customer acquisition
Customer retention
Return on investment
Marketing performance
Operational efficiencies

Past success does not guarantee future performance.

7. Case Studies and Testimonials

This Website may contain case studies, client success stories, testimonials, interviews, presentations, public speaking engagements, media appearances, awards, or references to previous professional experience.

These examples are intended solely to illustrate previous work and experience.

Unless expressly stated otherwise, they should not be interpreted as guarantees that similar results can or will be achieved for your business.

Results achieved by one organization may not be representative of results achieved by another.

8. Future Digital Products

ECOMsultant may offer digital products now or in the future, including but not limited to:

Digital audits
Templates
Frameworks
Playbooks
Worksheets
Checklists
Guides
Online courses
Memberships
Toolkits
Prompt libraries
Downloadable resources
AI resources
Software tools
Other digital content

Unless otherwise stated, all purchases are licensed—not sold.

Purchasing a digital product grants you a limited, non-exclusive, non-transferable license for your own internal business use.

You may not reproduce, distribute, sublicense, share, resell, publish, or commercially exploit any digital product without prior written permission.

Additional product-specific license terms may accompany individual products.

9. Intellectual Property

All content appearing on this Website is the exclusive property of ECOMsultant or its licensors and is protected by United States and international copyright, trademark, trade secret, and other intellectual property laws.

Protected content includes, but is not limited to:

Articles
Blog posts
Case studies
Images
Graphics
Logos
Icons
Website design
Videos
Podcasts
Presentations
Templates
Worksheets
Playbooks
Downloadable resources
Digital products
Assessment models
Checklists
Diagrams
White papers
Research
Original prompts
AI-generated content created by ECOMsultant
Consulting methodologies
Strategic frameworks
Proprietary business processes

No ownership rights are transferred through your use of this Website.

10. Proprietary Methodologies

In addition to traditional copyrighted materials, ECOMsultant owns proprietary consulting methodologies, analytical frameworks, assessment models, strategic processes, and business systems developed through years of professional experience.

Examples include, but are not limited to:

Digital maturity frameworks
eCommerce growth models
Acquisition, Conversion, and Retention methodologies
Digital ecosystem planning approaches
Executive advisory frameworks
Website audit methodologies
Strategic assessment processes
Consulting templates
Scoring models
Decision-making frameworks

These methodologies constitute valuable intellectual property and trade secrets.

Nothing contained within this Website grants permission to copy, commercialize, teach, license, distribute, or incorporate these methodologies into competing products or services without prior written authorization.

11. AI, Scraping, and Automated Access

You may not use this Website or any portion of its content to develop, improve, train, fine-tune, evaluate, or benchmark any artificial intelligence system, machine learning model, large language model, dataset, or similar technology without prior written permission from ECOMsultant.

Unless expressly authorized in writing, you may not:

scrape or harvest Website content;
use automated bots or crawlers to collect content beyond standard search engine indexing;
reproduce articles in whole or in substantial part;
use Website content to train AI models;
use proprietary frameworks, prompts, or methodologies in commercial AI products;
create competing databases or repositories using Website content;
systematically copy or archive Website materials;
remove copyright notices or attribution.

Nothing in this section is intended to prohibit ordinary indexing by public search engines or normal web browsing by individual users. However, any automated collection of Website content for AI training, commercial data aggregation, competitive intelligence, or content replication is expressly prohibited without prior written consent.

12. Limited License

Subject to these Terms, ECOMsultant grants you a limited, revocable, non-exclusive, non-transferable license to access and use this Website solely for your personal or internal business purposes.

This license does not permit you to:

reproduce Website content;
modify Website content;
distribute Website content;
publicly display Website content;
create derivative works;
use Website materials in competing services;
sublicense Website content;
commercially exploit Website content.

All rights not expressly granted remain reserved by ECOMsultant.

13. Acceptable Use

You agree to use this Website only for lawful purposes and in accordance with these Terms.

You agree not to:

Violate any applicable laws or regulations.
Attempt to gain unauthorized access to any portion of the Website or its supporting infrastructure.
Introduce viruses, malware, ransomware, or other malicious code.
Interfere with or disrupt the operation, security, or performance of the Website.
Use automated software, bots, scripts, or other technologies to overload, test, or impair the Website.
Impersonate another person or organization.
Misrepresent your identity or affiliation.
Use the Website to transmit spam, unsolicited communications, or fraudulent information.
Infringe upon the intellectual property rights of ECOMsultant or any third party.
Use Website content to develop competing consulting services, educational products, software, or AI systems.

We reserve the right to suspend or terminate access to the Website for any user who violates these Terms.

14. User Submissions

If you voluntarily submit information to ECOMsultant—including feedback, suggestions, comments, ideas, testimonials, project inquiries, or other communications—you grant ECOMsultant a non-exclusive, worldwide, royalty-free license to review, use, and respond to such submissions for the purpose of operating and improving our business.

You represent that you have the right to provide any information submitted and that your submission does not infringe upon the rights of any third party.

We will not publicly publish testimonials or identifiable client information without your permission unless otherwise agreed.

15. Third-Party Websites and Services

This Website may contain links to third-party websites, software, videos, articles, podcasts, or other resources for your convenience.

ECOMsultant does not control and is not responsible for the content, privacy practices, availability, accuracy, or security of any third-party website or service.

Your use of any third-party website is governed solely by that party's terms and policies.

16. Future Products and Services

ECOMsultant may introduce additional services, digital products, software tools, memberships, subscriptions, online courses, workshops, events, or other offerings in the future.

Unless otherwise stated, these Terms shall apply to all current and future products and services offered through this Website.

Certain offerings may include additional terms or license agreements, which will supplement these Terms.

17. Purchases of Digital Products

If ECOMsultant offers digital products for purchase, you agree that:

All purchases are subject to product descriptions published at the time of purchase.
Prices may change without prior notice.
Digital products are licensed for your own internal business use unless otherwise stated.
You may not redistribute, resell, sublicense, or share purchased materials.
Unauthorized distribution constitutes copyright infringement.

Because digital products are delivered immediately, all sales are generally final unless otherwise required by applicable law or expressly stated in writing.

18. Website Availability

We strive to maintain a reliable and secure Website; however, we do not guarantee uninterrupted availability.

The Website may occasionally become unavailable due to:

Scheduled maintenance
Software updates
Technical failures
Internet outages
Security incidents
Third-party service interruptions
Circumstances beyond our reasonable control

ECOMsultant shall not be liable for temporary interruptions or downtime.

19. Accuracy of Information

While we make reasonable efforts to keep Website content accurate and current, the fields of digital commerce, marketing, artificial intelligence, technology, analytics, and search evolve rapidly.

Accordingly, we do not warrant that all information published on the Website will remain complete, accurate, or current at all times.

We reserve the right to update, modify, or remove Website content without notice.

20. Disclaimer of Warranties

THIS WEBSITE, ITS CONTENT, SERVICES, DIGITAL PRODUCTS, DOWNLOADABLE MATERIALS, AND ALL INFORMATION PROVIDED BY ECOMSULTANT ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECOMSULTANT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY
COMPLETENESS
RELIABILITY
AVAILABILITY

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECOMSULTANT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO:

USE OF THIS WEBSITE;
RELIANCE UPON WEBSITE CONTENT;
CONSULTING RECOMMENDATIONS;
DIGITAL PRODUCTS;
BUSINESS DECISIONS;
LOST PROFITS;
LOST REVENUE;
LOSS OF DATA;
BUSINESS INTERRUPTION;
TECHNOLOGY FAILURES;
CYBERSECURITY INCIDENTS;
THIRD-PARTY SERVICES.

IN NO EVENT SHALL ECOMSULTANT'S TOTAL LIABILITY ARISING FROM YOUR USE OF THIS WEBSITE EXCEED ONE HUNDRED U.S. DOLLARS ($100), OR THE AMOUNT PAID BY YOU TO ECOMSULTANT FOR THE SPECIFIC DIGITAL PRODUCT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.

THIS LIMITATION DOES NOT MODIFY OR REPLACE ANY LIABILITY LIMITATIONS CONTAINED IN A SEPARATE WRITTEN CONSULTING AGREEMENT OR STATEMENT OF WORK.

22. Indemnification

You agree to defend, indemnify, and hold harmless ECOMsultant and its owner, officers, employees, contractors, consultants, successors, and assigns from and against any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:

your violation of these Terms;
your misuse of the Website;
your infringement of intellectual property rights;
your violation of applicable laws;
your unauthorized use of Website content;
your misuse of purchased digital products.

23. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflict of law principles.

24. Venue

Any dispute arising from or relating to these Terms or your use of the Website shall be brought exclusively in the state or federal courts located in Orange County, California.

You consent to the exclusive jurisdiction of those courts.

25. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

26. Waiver

Failure by ECOMsultant to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

27. Entire Agreement

These Terms, together with our Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement governing your use of this Website.

For consulting engagements, any executed Master Services Agreement (MSA), Statement of Work (SOW), Consulting Agreement, or similar written contract shall control in the event of any conflict with these Terms.

28. Changes to These Terms

ECOMsultant may update these Terms periodically to reflect changes in our business, legal requirements, technology, or services.

Updated Terms will become effective upon posting to this Website unless otherwise stated.

Your continued use of the Website after changes become effective constitutes acceptance of the revised Terms.

29. Contact Information

If you have questions regarding these Terms of Use, please contact:

ECOMsultant

Email: derrick@ecomsultant.com

Website: https://ecomsultant.com

Tustin, California, United States