Terms and Conditions
SITE TERMS AND CONDITIONS OF USE
Effective Date: November 21, 2018
By accepting the Terms through your use of the Site, you certify that you are either (i) 18 years of age or older; or (ii) you are at least 13 years of age and are using the Site under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use this Site. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Site, including all financial charges and legal liability that such child may incur.
If we determine that a child under the age of 13 has provided personal information on the Site, we will delete that information as soon as practical. If you become aware that such information has been provided by a child under the age of 13, please contact us at [email protected] so that we can delete the information.
Pursuant to 47 U.S.C. §230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software and filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such control protections is available on the websites GetNetWise (http://www.getnetwise.org) and OnGuardOnline (http://onguardonline.gov). Ecotech does not endorse any of the products or services listed on such websites.
Copyrights & Trademarks
Except as expressly provided herein, none of the material provided on the Site may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form without the prior written permission of Ecotech. Any logos, service marks, brand identities, titles, characters, graphics, designs, and/or other properties displayed on the Site are property of Ecotech or authorized third party owners. Use of the Site in no way grants any license or right to use any property displayed on the Site.
Licensing and Permissions
Other than as expressly provided herein, Ecotech requires a license agreement or written permission from an authorized agent at Ecotech prior to any use of brand names, service marks, and other intellectual property belonging to Ecotech. Any misuse of intellectual property belonging to Ecotech is strictly prohibited.
You are permitted to print one copy of material purposely made available by Ecotech for downloading from the Site solely for your personal, non-commercial use, provided you: do not modify the materials and do not make any additional representations or warranties relating to such materials. You are also permitted to use materials from the Site pursuant to any fair use requirements under applicable law. The permissions noted herein terminate automatically if you breach any of the terms and conditions contained herein.
You may not: (a) download or print any materials on, or portion of, the Site for any commercial purpose, including, but not limited to, use on other websites or (b) use Ecotech’s property in any manner that disparages or discredits Ecotech. You must: (i) properly attribute to Ecotech and anyone else who is attributed to the original image in any use of an image from a Site; and (ii) accurately identify any product that appears in an image.
Any communication or material submitted to the Site including, but not limited to, by electronic mail, text and/or website submission (“Site Submission”) is considered to be non-confidential and nonproprietary. Such communication may include without limitation, questions, comments, suggestions, and ideas. Any Site Submission is the exclusive property of Ecotech. Ecotech shall have a perpetual royalty free and exclusive license to any Site Submission. Ecotech shall be free to use Site Submissions for any purpose whatsoever without restriction or further notice or compensation. This means that you disclaim any proprietary rights in such Site Submissions, and you acknowledge Ecotech’s unrestricted right to use the content of the Site Submission, in part or in total, (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation, attribution, or other obligation to you or any other person. It also means Ecotech has no obligation to keep your Site Submission confidential.
You are responsible for all of your Site Submissions. You may not submit any material misrepresenting yourself as someone else or using a false e-mail address. Do not submit any material or links to material that violates the rights of any third party, is libelous, defamatory, false, obscene, violent, abusive, threatening, harassing, prejudicial, or is otherwise in violation of the law or the terms of this Agreement.
You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold Ecotech, and its affiliates, subsidiaries, business partners, insurers, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Site or access to the Site, or your violation of either these terms of service, applicable law or the rights of any third party.
While we use our best efforts to fulfill all orders, Ecotech cannot guarantee the availability of any particular product displayed on the Site. Ecotech reserves the right to discontinue the sale of any product listed on the Site at any time without notice. Product prices (if any) offered on this Site may vary from other advertised prices due to varying conditions.
The prices displayed on this Site (if any) are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include installation, shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
We do not guarantee that any content is accurate or complete, including price information (if any) and product specifications. Ecotech reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
Code of Conduct
You agree that you will not do any of the following (collectively, the “Code of Conduct”):
Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site
Use the Site or content on or from the Site for any unlawful purpose
Express or imply that any statement you make is endorsed by Ecotech or any affiliated companies
Submit data or information to or otherwise transmit material through the Site that is (i) copyrighted, protected by trade secret or otherwise subject to third-party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information; (ii) unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable; (iii) intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; or (iv) non-public information about a company or individual without the express written authorization to do so
Engage in any spamming, any flooding, any phishing or any other activity intended to gather information unlawfully
Transmit any software or other materials that contain any harmful or malicious code, including without limitation viruses, worms, time bombs, date bombs, trojan horses and defects
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site
“Frame” or “mirror” any part of the Site without Ecotech’s prior written authorization
Use any robot, spider, site search / retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure, or presentation of the Site or its contents
Collect information about Site visitors without Ecotech’s prior written consent
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET IN GENERAL. ECOTECH ENDEAVORS TO MAINTAIN THE SITE, THE INFORMATION IN THE SITE(S) AND THE SITE’S OPERATION (ALL THREE COLLECTIVELY “SITE CONTENT AND OPERATION”). ECOTECH IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS OR INACCURACIES THAT MAY EXIST IN THE SITE CONTENT AND OPERATION. THE SITE, THE MATERIALS AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ECOTECH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT FOR SITE CONTENT AND OPERATION. ECOTECH MAKES NO WARRANTY THAT (I) THE SITE CONTENT AND OPERATION WILL MEET THE USER'S REQUIREMENTS; (II) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE CONTENT AND OPERATION WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT ECOTECH) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THE SITE.
Limitation of Liability
IN NO EVENT SHALL ECOTECH BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY MATERIALS IN THE SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR INFORMATION AVAILABLE IN THE SITE. ECOTECH SHALL NOT BE LIABLE EVEN IF ECOTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.
Links to Other Sites
Ecotech makes no representations about websites accessed from the Site which are not maintained, controlled or created by Ecotech and does not endorse any linked websites or the information appearing thereon. Links do not imply that Ecotech endorses, is affiliated with, or associated with such linked websites.
You agree to indemnify, defend, and hold harmless Ecotech, and its affiliates, subsidiaries, business partners, insurers and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs, resulting from any violation of these terms and conditions or any activity related to accessing the Site (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Site under your direction.
Ecotech controls and operates the Site from San Diego, California, in the United States of America. Ecotech in no way warrants or implies that the materials on the Site are appropriate for use outside of the United States. If you use the Site from a location outside of the United States, you are solely responsible for compliance with any applicable local laws. You may not use or export the materials on the Site in violation of U.S. export laws and regulations. Any claim relating to the Site or your use of it shall be governed by the internal substantive laws of the State of California, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Site shall be in the state or federal courts located in California.
Modification of the Site and these Terms
By providing material on the Site, Ecotech does not promise that the materials will remain available to you. Ecotech reserves the right at any time and from time to time to modify the Site or discontinue providing access to the Site (or any part thereof), temporarily or permanently, with or without notice to you. You agree that Ecotech will not be liable to you for any modification, suspension or discontinuance of the Site or the Contents.
Ecotech also reserves the right to change the terms, conditions, and notices for the Site at any time by updating this posting, and your use of the Site following any such changes will constitute your consent to such modified terms. You agree to review these terms regularly to verify any changes. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at the Site.
Termination of this Agreement
Ecotech may terminate or suspend this Agreement at any time without notice to you. Without limiting the foregoing, Ecotech shall have the right to immediately terminate your access to the Site in the event of any conduct by you which Ecotech, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. Your right to access and use the Site terminates automatically upon your breach of any of the terms in this Agreement.
You agree that no joint venture, partnership, employment or agency relationship exists between you and service providers or suppliers or you and Ecotech as a result of these Terms or your use of the Site.
Any rights not expressly granted to you herein are reserved by and to Ecotech, its affiliates, subsidiaries and licensors, and other third parties.
The Terms and the applicable terms of sale (if any) constitute the entire agreement between you and Ecotech with respect to the subject matter thereof. This agreement supersedes all prior or contemporaneous communications and proposals, whether written, oral or electronic, between you and Ecotech with respect to the Site. No modification of the Terms shall be effective unless such modification is authored by Ecotech or it is physically signed in blue ink by an executive officer of Ecotech.
Any actual or alleged waiver by Ecotech of any actual or alleged breach of the Terms by you shall not be deemed to be a waiver of any future breach.
A printed version of this agreement and / or any notice given by Ecotech in electronic form shall be admissible in judicial and administrative proceedings based upon or relating to this agreement or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Ecotech in printed form.
If any part of these Terms is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue to govern your use of the Site.
Digital Millennium Copyright Act ("DMCA") Notice
We respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright or intellectual property rights to remain on the Site.
If you believe any materials on the Site infringe a copyright or other intellectual property right, you should provide us with written notice that at a minimum contains:
A physical or electronic signature of the copyright holder or authorized representative;
Identification of the copyrighted work you believe to be infringed. Please describe the work and, where possible, include a copy or the location, e.g., URL, of an authorized version of the work;
Identification of the material that you claim to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Ecotech to locate the material;
Your name, address, telephone number and, if available, e-mail address;
A statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent or the law;
A statement that the information that you have supplied is accurate and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
All DMCA notices should be sent to our designated agent as follows: [email protected]
Dispute Resolution/Class Waiver
YOU AGREE THAT YOU MAY ASSERT DISPUTES AGAINST ECOTECH ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDINGS RELATED TO YOUR USE OF ANY SITE. AS PART OF THIS DISPUTE RESOLUTION PROCESS, YOU AND ECOTECH ALSO AGREE TO WAIVE ANY RIGHT TO A JURY AND AGREE TO HAVE ALL DISPUTES HEARD AND DECIDED SOLELY BY THE FEDERAL OR STATE COURT JUDGE. All terms of these Terms set forth herein remain in force and effect. If any term of this Dispute Resolution process is found to be invalid or unenforceable in any particular jurisdiction, that term will not apply to that issue in that jurisdiction. Instead, that term will be severed with the remaining terms continuing in full force and effect.