Terms and Conditions
This site, www.ecosmart.com is owned and operated by EcoSMART Technologies (hereafter referred to as “EcoSMART”) and this Agreement sets forth the terms and conditions which apply to the use by you of the ECOSMART Sites (as defined below) and any other subscription product or service offered for sale by ECOSMART and/or its affiliates (collectively, “EcoSMART”).
ECOSMART shall have the right at any time to change or discontinue any aspect or feature of the ECOSMART Sites including, but not limited to, the Community Areas, content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Community Areas a revised version of this Agreement or notification by electronic mail. Any use by you of the Community Areas after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
The “EcoSMART Sites” shall mean all areas and any subscriptions, premium content or other paid products and services offered or available on the interactive online service operated by ECOSMART. The ECOSMART Sites consist of information services and content provided by ECOSMART, affiliates of ECOSMART and third parties. The term “Community Areas” means the bulletin boards, chat rooms and other user participatory areas on the ECOSMART Sites.
3. Use of the ECOSMART Sites
A. The Community Areas shall be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in ECOSMART’s judgment, restricts or inhibits any other user from using or enjoying the Community Areas. You may not post, link to or otherwise publish any messages containing any form or advertising or promotion for goods and services or any chain messages or “spam”; post, link to or otherwise publish any messages with recommendations to buy or refrain from buying particular goods, services or commodities or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security; post or otherwise publish any messages that contain a virus or other harmful component or collect or store other users’ personal data; post or otherwise publish any messages unrelated to the Forum or the Forum’s topic; impersonate any person or entity (including ECOSMART employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity.
B. All materials on this site (the “Content”) is the property of ECOSMART or its licensors and is protected by copyright, trademark or other intellectual property laws. You may retrieve and display content from the site on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disc (but not on a server or other storage device connected to a network) for your personal non-commercial use. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the ECOSMART Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the ECOSMART Sites without the express permission of ECOSMART and any other copyright owner. In the event of any permitted copying, redistribution or publication of material from the ECOSMART Sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You acknowledge that “ecosmart.com” and slogans are trademarks and that you may not use them without written permission from ECOSMART. You shall not upload, post or otherwise make available on the Community Areas any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
C. You hereby grant to ECOSMART, and their respective affiliates the worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Community Areas and/or any e-mail sent by you to ECOSMART (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.
D. ECOSMART may give you the option to subscribe to an e-mail newsletter. Your use of the content received through the e-mail newsletter will be subject to these Terms.
E. As a user you will be able to access some areas of the site without going through a registration process, however, certain areas of the site may only be open to you if you register. If registration is required, you shall provide ECOSMART with accurate, complete and updated information at the time of registration. It is your responsibility to inform ECOSMART of any changes to that information (including in particular your e-mail address) by e-mailing email@example.com. Each registration is for a single user only, on registration you may be asked to choose a user name and password. ECOSMART does not permit any other person using this password or access through a single name and password being made available to multiple users on a network. You are responsible for all use of the Site ID made by you and for preventing unauthorized use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your ID or any payment information, you must notify ECOSMART immediately by e-mailing firstname.lastname@example.org.
F. You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that ECOSMART considers to be offensive.
G. The ECOSMART Sites may contain links to other web sites, resources and advertisers. ECOSMART is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. You may use the site to purchase products or services from third parties and in that event your contract for such products will be with the third part and not with ECOSMART. Under no circumstances will ECOSMART be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site’s administrator or Webmaster.
H. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the ECOSMART Sites and Community Areas and all charges related thereto.
I. The provisions of this section are for the benefit of ECOSMART, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
J. ECOSMART has carefully designed the ECOSMART Sites with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the ECOSMART Sites in any way that interferes with that purpose. In particular, ECOSMART prohibits any party from displaying the content on the ECOSMART Sites in any format where third party advertising or other materials that ECOSMART did not authorize is viewed or viewable together with ECOSMART’s proprietary content.
ECOSMART shall have the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with this Agreement and any other operating rules that may be established by ECOSMART from time to time. ECOSMART shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Community Areas and you waive any moral or legal rights that you may have in regard to the messages. Notwithstanding this right of ECOSMART, users shall remain solely responsible for the content of their messages. By submitting messages to any Forum you agree to indemnify and hold harmless ECOSMART and any of its affiliates from all claims, costs and expenses (including legal expenses) arising out of any messages posted or published by you that are in breach of this agreement. You also acknowledge and agree that neither ECOSMART nor any of its affiliates shall assume or have any liability for any action or inaction by ECOSMART with respect to any conduct within the Community Areas or any communication or posting on the Community Areas.
5. Software and Java Security
ECOSMART may from time to time give you the option to modify your browser to enable you to access certain requested services along with other applications. In that event, a dialogue box will be shown on your screen requiring your authorization for the modification to proceed. By clicking the ‘Grant’ button (or equivalent) on the dialogue box, you will allow ECOSMART to modify your browser to enable you to view the service on your screen at the same time as you work on other applications.
6. Disclaimer of Warranty; Limitation of Liability
A. YOU EXPRESSLY AGREE THAT USE OF THE COMMUNITY AREAS AND THE ECOSMART SITES IS AT YOUR SOLE RISK. NEITHER ECOSMART, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE ECOSMART SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ECOSMART SITES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES OR THE COMMUNITY AREAS.
B. THE ECOSMART SITES AND THE COMMUNITY AREAS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COECOSMARTUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ECOSMART IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
D. IN NO EVENT WILL ECOSMART OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE ECOSMART SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE ECOSMART SITES OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE ECOSMART SITES AND/OR THE COMMUNITY AREAS. ECOSMART’S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO ECOSMART.
E. LIMITATION ON DAMAGES AND EXCLUSIVE REMEDY: YOU AGREE THAT YOUR ONLY RECOVERY FOR ANY DAMAGES THAT YOU INCUR, AND YOUR EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE DIRECT DAMAGES YOU ACTUALLY INCUR IN REASONABLE RELIANCE ON THE APPLICABLE SITE SERVICE UP TO A LIMIT OF THE FOLLOWING, (AT ECOSMART’s) ELECTION: (1) A REFUND OF THE AMOUNT YOU PAID (IF ANY) IN TOTAL DURING THE MONTH IN WHICH THE DAMAGE IS FIRST INCURRED, LESS ANY REASONABLE ALLOWANCE FOR COMPLYING SERVICES, OR (2) CORRECTION OR REPLACEMENT OF THE SERVICE. ALL LIMITATIONS WILL APPLY TO ALL LEGAL AND EQUITABLE THEORIES.
The Site contains links to other World Wide Web sites provided by independent third parties (“Third Party Sites”), either directly or through frames. Third Party Sites may be co-branded with ECOSMART and may include ECOSMART’s trademark. ECOSMART is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites.
A. YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS ADVERTISE THEIR PRODUCTS AND SERVICES ON THE ECOSMART.COM WEB SITE. ECOSMART MAY FORM PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS ECOSMART MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S PRODUCTS OR SERVICES, NOR WILL ECOSMART BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST ECOSMART WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
B. ECOSMART NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE ECOSMART SITES, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE COMMUNITY AREAS. UNDER NO CIRCUMSTANCES WILL ECOSMART BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE ECOSMART SITES AND/OR ANY POSTINGS ON THE COMMUNITY AREAS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE ECOSMART SITES AND/OR THE COMMUNITY AREAS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
C. ECOSMART DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE ECOSMART SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. ECOSMART MAKES PRODUCTS OR SERVICES AVAILABLE ON THE ECOSMART SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
D. PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. NEITHER ECOSMART NOR ITS THIRD PARTY CONTENT PROVIDERS SHALL HAVE ANY LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NEITHER ECOSMART NOR ITS THIRD PARTY CONTENT PROVIDERS GUARANTEE OR WARRANTS THE TIMELINESS, SEQUENCE, ACCURACY, OR COMPLETENESS OF ANY SUCH INFORMATION. NOTHING CONTAINED IN THE ECOSMART SITES SHALL BE CONSTRUED AS INVESTMENT ADVICE. ECOSMART IS NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.
8. Advertising & Sponsorship
Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. ECOSMART will not be responsible for any error or inaccuracy in advertising material.
9. Competitions and Free Prizes
From time to time ECOSMART may run competitions, free prize draws and promotions on the Site. These may be subject to additional terms that will be made available at the time of such competitions.
You agree to defend, indemnify and hold harmless ECOSMART, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use by you of the ECOSMART Sites and/or the Community Areas.
All trademarks appearing on the ECOSMART Sites are the property of their respective owners, including, in some instances, ECOSMART.
Where ECOSMART makes available to users certain products the following terms and conditions shall apply:
You shall authorize ECOSMART to charge to the credit card account designated during the registration process the current fees and charges for each term according to product(s) chosen by you. All payments are to be made in US Dollars or any alternative currency that ECOSMART may specify. If ECOSMART does not receive payment authorization from your credit card clearing service, ECOSMART may terminate your order. You are also responsible for any charges associated to connecting to the ECOSMART Sites, including but not limited to, any telephone line charges or any Internet access provider charges. You shall provide ECOSMART with accurate, complete and updated information as to your name and e-mail address and credit card account information provided by you at registration. Failure to do so shall constitute a breach of this Agreement.
13. Changes to these Terms
ECOSMART shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the ECOSMART Sites a revised version of this Agreement or notification by electronic or conventional mail. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.
This Agreement and any operating rules for the ECOSMART Sites and the Community Areas established by ECOSMART constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any of the provisions of these terms are found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not effect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
EcoSMART Technologies, Inc. is a Georgia Corporation whose principle office is at 20 Mansell Courte, Suite 375, Roswell, GA 30076 USA
15. Choice of Law and Jurisdiction
This Agreement shall be governed and construed in accordance with Georgia Law. The parties irrevocably agree that the courts of Georgia shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Georgian courts. For the exclusive benefit of ECOSMART, ECOSMART shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.