The terms and conditions set forth below constitute the agreement (“Agreement”) between you and us that governs your use of the website pages located at the URL ecomii.com and the subdomains thereof (collectively, the “Website”), including without limitation participation in its bulletin boards, forums, personal ads, chats, newsgroups and all other areas (except to the extent stated otherwise on a specific page) as provided by Ecomii, LLC (“Service Provider,” “we,” “our,” or “us”).
We reserve the right to discontinue the Website entirely or in part, or any associated programs or promotions, or to change the content or formatting of the Website or the benefits of any associated programs or promotions, at any time without notice to you.
If you fail to follow the terms and conditions governing your use of and right to access the Website, whether listed in this Agreement or in bulletins posted on the Website, such failure may result in the suspension or termination of your right to access the Website, without notice, in addition to any other remedies we may have.
1. REGISTRATION INFORMATION:
We may at times require that you register and/or set up an account to use certain portions of the Website, or the Website as a whole. In order to do so, you may be provided, or required to choose, a password, user ID, and/or other registration information, including, but not limited to, personally identifiable information (collectively, “Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by sending the corrected Registration Information to us at: firstname.lastname@example.org or by using the appropriate update mechanism on the Website, if available
2. USER ID/PASSWORD:
A. If you register and/or set up an account on the Website, you will be solely responsible for maintaining the confidentiality of any user ID, password, and similar information. You may not authorize others to use your user ID, password, or similar information. You may not sub-license, transfer, sell or assign your user ID, password, and similar information and/or your rights or obligations under this Agreement to any other person or entity without our written approval. Any attempt to do so without such approval will be null and void and shall be considered a material breach of this Agreement.
B. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
3. FEES AND PAYMENTS:
A. We or third parties may charge you fees for products or services offered for sale through the Website, and/or for access to portions of the Website or the Website as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Website by us or by any third party vendor or provider (such fees, charges and taxes, collectively, “Fees”). We reserve the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon notice to you.
B. If you submit your credit, debit or charge card information to us upon registration or otherwise, you give us permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment is returned to us for any reason, including charge back, we reserve the right to either suspend or terminate your account and all your obligations under this Agreement.
4. YOUR USE OF THE WEBSITE:
A. Unless otherwise specified, the Website is intended for your personal use only. You may not authorize others to use the Website, and you are responsible for all use of the Website by you and by those you allow to use, or provide access to, the Website.
B. The Website contains material that is protected by state, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including, but not limited to, code and software, from the Website. You may download material from the Website and may use the Website for your personal use only, provided you keep in tact all copyright and other proprietary notices.
C. The Website is not intended for users under the age of 13, and we do not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas. Any information submitted by such users will not knowingly be used, posted, or retained by us.
D. You agree not to use any obscene, indecent, or offensive language or to place on the Website any material that is defamatory, abusive, harassing, racist, or hateful. Further, you may not place on the Website any material that is encrypted, constitutes junk mail or unauthorized advertising, or commercial offers, invades anyone’s privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
E. You are responsible for ensuring that any material you provide to the Website or post on a bulletin board or forum or elsewhere, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party, or is posted with the permission of the owner(s) of such rights.
F. The content, organization, graphics, text, images, video, design, compilation, advertising and all other material on the Website, including without limitation, the “look and feel” of this website, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of us and/or our licensors. The Website is a copyrighted work of Ecomii, LLC and Ecomii, LLC reserves all rights in and to the Website. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the Website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.
G. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Website, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement.
H. You agree not to disrupt, overwhelm, attack, modify or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website. You further agree not to alter or tamper with any information or materials on or associated with the Website.
I. Other than connecting to our servers by http requests using a Web browser, you may not attempt to gain access to our servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
J. You acknowledge that we have not reviewed and do not endorse the content of all sites linked to from this Website and that we are not responsible for the content or actions of any other sites linked to from this Website. Your linking to any service or site is at your sole risk.
K. The Website offers health and nutritional information and are for educational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. If you have any questions regarding a medical condition, always seek the advice of your physician or other qualified health-care provider. Do not disregard or delay obtaining professional medical advice because of something you have read on the Website! The Website is provided on an "as-is" basis and any use of information provided on this Website is solely at your own risk.
If you think you may have a medical emergency, please call your doctor or 911 immediately.
Ecomii does not recommend or endorse any physicians, products, procedures, opinions, or other information that may be mentioned on the Website.
Certain health content on this site may be sexually explicit. If you find this content offensive, please do not use this site.
5. COMMENTS BY OTHERS ARE NOT ENDORSED BY SERVICE PROVIDER:
We do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the Website. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent our views or any of our third party service providers. You agree that we and our third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted or provided by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
6. USE OF MATERIAL SUPPLIED BY YOU:
7. COPYRIGHT COMPLAINTS:
A. We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright and other intellectual property rights of others.
B. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright or other intellectual property rights, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
(i) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing 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 us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Attention: Copyright Agent
448 West 16th Street, 5th Floor, Studio #4
New York, NY 10011
Note: Only copyright or other infringement complaints should be sent to agent. No other communications will be accepted or responded to. For communications on other matters, please contact us at email@example.com.
8. MERCHANDISE SOLD ON OR THROUGH THE WEBSITE:
Neither we nor our third party service providers make any warranties with respect to any of the merchandise, products, and/or services featured, mentioned, or sold by others on or through the Website. Transactions for any such item shall be between the user and the third party seller, without any involvement by us or any of our third party service providers. You agree that we and our third party service providers are not responsible, and shall have no liability to you, with respect to merchandise, products, and/or services featured, mentioned, or sold by others on or through the Website, including illegal, offensive or illicit items, even items that violates this Agreement.
You agree to indemnify us and our affiliates, employees, agents, representatives, assignees and third party service providers, and to defend and hold each of us and them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Website, or from your breach of this Agreement, or from any such acts through your use of the Website.
10. EDITING AND DELETIONS:
We reserve the right, but undertake no duty, to review, edit, move or delete any material provided for display or placed on the Website or its bulletin boards, in our sole discretion, without notice.
11. ADDITIONAL RULES:
We reserve the right to post, from time to time, additional rules of usage that apply to specific parts of the Website. Such additional rules will be posted in the relevant parts of the Website. Your continued use of the Website constitutes your agreement to comply with these additional rules.
12. RISK OF DAMAGE; DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK, AND THAT YOUR ARE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. THE WEBSITE IS PROVIDED “AS IS”, AND WE, OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, ASSIGNEES AND THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED ON OR ACCESSIBLE THROUGH THE WEBSITE OR PROVIDED BY THE WEBSITE. WE, OUR EMPLOYEES, AGENTS, REPRESENTATIVES, ASSIGNEES AND THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON OR THROUGH THE WEBSITE.
13. LIMITATION OF LIABILITY:
WE, OUR AFFILIATES, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ASSIGNEES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, SUSTAINED OR ARISING OUT OF THIS AGREEMENT, THE WEBSITE, THE SALE OR PURCHASE OF ANY GOODS OR SERVICES, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM OR THROUGH THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU HEREBY AGREE TO RELEASE US, OUR AFFILIATES, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ASSIGNEES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, CONTINGENT AND ACTUAL (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “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”.
15. TERMINATION OR SUSPENSION OF ACCESS TO THE WEBSITE:
We have the right to terminate and/or suspend your ability to access the Website or any portion thereof, for any or no reason, without notice.
We make no representation that materials on the Website are appropriate, available or legal in any particular location or jurisdiction. Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of New York applicable to contracts to be wholly performed therein, and without regard to conflict of laws principles. Any action based on, relating to, or alleging a breach of this Agreement must be brought in a state or federal court in New York, and you hereby submit to such venue and waive any objection based on lack of personal jurisdiction or inconvenient forum.
If you don’t agree to the terms contained in this Agreement, you must exit the Website immediately.