This is an important document which you must consider carefully when choosing whether to use this website at any time. This Agreement was last modified on August 8, 2016.
1. BINDING EFFECT.
You agree that you are not (a) a citizen or resident of a country in which use or participation is prohibited by law, decree, regulation, treaty or administrative act; (b) a citizen or resident of, or located in, a country or region that is subject to U.S. or other sovereign country sanctions or embargoes pursuant to embargoes by the Office of Foreign Assets Control or otherwise; or (c) an individual or an individual employed by or associated with an entity identified on the U.S. Department of Commerce's Denied Persons or Entity List, the U.S. Department of Treasury's Specially Designated Nationals or Blocked Persons Lists, or the Department of State's Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations, including the U.S. Export Administration Act, or other economic sanction rules of any sovereign nation. If not, you are not permitted to use this Site in any respect.
4. USE OF SITE AND SERVICE.
You are granted a limited, non-exclusive, non-transferrable, and revocable license to use the Site and Services by Company, for your personal, noncommercial, home use only, except where prohibited by applicable laws. Company does not transfer either the title or the intellectual property rights of the Site or Service to you in any respect. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
4.1 Prohibited Uses. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation:
a) copying, renting, leasing, selling, redistributing, reproducing, the Site or Service, nor any component thereof;
b) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
c) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
d) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;"
e) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
f) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or
g) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce, underlying ideas, or algorithms, or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service;
h) taking any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure;
i) interfering or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
j) bypassing any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service);
k) running Maillist, Listserv, or any form of auto-responder or "spam" on the Service; or
l) using manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.
Any violation of system or network security may subject you to civil and/or criminal liability.
5. ASSUMPTION OF LIABILITY.
The Site provides a presence for Company’s products and services. We are not liable for any damages or loss that may arise out of your use of the Site and/or Service. By using the Site in any respect, you assume all risks associated therewith.
6. LAW ENFORCEMENT.
7. DMCA and COPYRIGHT INFRINGEMENT.
7.1 ALLEGED VIOLATIONS. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention.
If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, whether in connection with the Digital Millennium Copyright Act of 1998 (DMCA), you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (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. For this notification to be effective, you must provide it to Company’s designated agent by mail and email at:
Attn: Compliance Department
5875 Green Valley Circle , Suite 100
Culver City, CA 90230
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
7.2 COUNTER-NOTICE. If you believe that your material has been removed or disabled by mistake or misidentification, you may file a written counter-notice with the Designated Agent, including the following information ("Counter-Notice") within 5 business days from your receipt of our notice of infringement: a) a physical or electronic signature of the owner or authorized user of material; b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; c) a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and d) your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the Complainant or an agent of such person. If you fail to provide required information or follow this process, you may waive your rights. If you have any questions regarding your legal rights and legal obligations, you should consult with an attorney.
8. ALLEGED VIOLATIONS.
9. NO WARRANTIES.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. The Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk. The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
10. LIMITED LIABILITY.
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SITE AND COMPANY’S SERVICE, YOU HEREBY AGREE TO RELEASE COMPANY, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED TO OR RELATING TO THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, THE SITE, AND/OR COMPANY.
IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 AND ANY OTHER APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
12. ECPA NOTICE.
Pursuant to the Electronic Communications Privacy Act (18 U.S.C. §2701-2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
13. AFFILIATED SITES.
All contents of Site or Service are copyrighted to Company. All rights are reserved.
The trademarks, service marks, and logos of Company (the "Company Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Company. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks", and, collectively with Company Trademarks, the "Trademarks"). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Company specific for each such use. The Trademarks may not be used to disparage Company, any third party or Company’s or third party's products or services, or in any manner (in Company’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Company approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Company Trademark shall inure to Company’s benefit.
You agree that we may provide notifications to you via email, written or hard copy notice, or through conspicuous posting of such notice on our website. You may opt out of certain means of notification or to receive certain notifications.
18. ARBITRATION; NO CLASS ACTION; NO JURY.
Any controversy or claim arising out of or relating to these terms or the provision of Company’s Services shall be exclusively settled by binding arbitration in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Service, Inc. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. You voluntarily agree to waive your right to a jury trial and to bring your claims as part of any class action or mass-joinder of any other claims. The arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. To begin an arbitration, send a letter requesting arbitration and describing your claim to: EcoSmart Inc., 5875 Green Valley Circle, Suite 100 - Culver City, CA 90230. You and we agree that we may bring a lawsuit in a court for any matter seeking injunctive or declaratory relief only.
19. CHOICE OF LAW.
20. SEVERABILITY; WAIVER.
21. NO LICENSE.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
22. JURISDICTIONAL LIMITATIONS.
Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction.