Terms of Service
Last updated August 15, 2019.
We may need to update these Terms from time to time. We’ll notify you of any material changes if you do, either on the site or by sending you an email. Visiting the Site and using the Services after we change the Terms means that you accept the new Terms.
I. Eco ID
Using Eco’s Services requires you to submit your information to Eco, and may require you to submit to certain customer verification processes. After you submit your information and go through the required customer verification processes, you may receive an Eco ID or an identity credential from one of our partners. This is the account you use to access Eco’s Services, your Eco account, and any third-party applications provided on Eco.com. You’re responsible for maintaining your credential’s confidentiality and security, and for all activity on your account. Eco is not responsible for any losses arising from the unauthorized use of your identity credential. If you find out that someone is using your account without your permission, report it to firstname.lastname@example.org.
Submitting your information to Eco does not guarantee that you will receive an identity credential or that you will access Eco’s Services. Unless notified otherwise you must be at least 18 years old to use Eco’s Services and to sign up for an identity credential.
II. Some Ground Rules
These are the basic rules we need you to abide by:
- You may only use Eco’s Services for non-commercial uses.
- You may not interfere with the proper workings of the Services or use the Services in any way that could damage, disable, or overburden the Site or Services or the networks or services connected to Eco’s Services.
- You may not take any action on the Site that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
- You may not do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy on Eco.com.
- You may only submit true, accurate, current and complete information to us.
- If you create an “Account” (a registered account with us made through the website or App), you will keep it secure and safe, maintain it up to date, and not let anyone else use it.
III. Third Party Applications & Sites
Third Party Applications available on Eco.com also have their own terms and policies (“Third Party Terms”). By using these Third Party Applications, you agree to any applicable Third Party Terms.
Eco may also occasionally link to other sites. These links are provided only as a convenience, and you access them at your own risk.
IV. Eco’s Rights
- Eco may make changes to the Eco Site and Services at any time without notice or liability.
- Eco has the right to decide who is eligible to use Eco’s Services, and can cancel accounts or decline to offer Eco’s Services. If these things are prohibited by law where you live, then Eco may revoke your right to use the Services in that jurisdiction.
Eco is not liable for any damages or losses related to your use of the Services. When you use Eco’s Services, you release Eco from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.
V. Terminating Your Account
You can cancel your account at any time by sending an email to email@example.com. We also reserve the right to terminate your account and your use of the Services at any time, for any reason, at our sole discretion. All provisions of this agreement survive termination of an account.
VI. Warranty Disclaimer
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
If you do something that gets us sued, or break any of the promises you make in these Terms, you agree to indemnify and hold Eco harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services, or (ii) your violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
VIII. Limitation of Liability
NEITHER ECO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, NOR ANY THIRD PARTY SUPPLIER, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (I) RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (II) FOR ANY LOST PROFITS, DATA LOSS, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES; OR (III) FOR ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE. IN NO EVENT WILL OUR LIABILITY FOR DIRECT DAMAGES EXCEED THE AMOUNT YOU HAVE PAID OR IS PAYABLE BY YOU FOR THE TRANSACTION ON THE SERVICES RELATED TO YOUR SPECIFIC CLAIM OR ONE HUNDRED DOLLARS ($100 USD) IF YOU HAVE NOT INITIATED ANY TRANSACTIONS THROUGH THE SERVICES, AS APPLICABLE.
IX. Dispute Resolution and Governing Law
Eco encourages you to contact us at firstname.lastname@example.org if you have any issues. If a dispute does arise, these Terms and any related action will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as described in Section 21 “Dispute Resolution for Consumers,” the exclusive jurisdiction for all Disputes (defined below) that you and Eco are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Eco each waive any objection to jurisdiction and venue in such courts.
- Our goal is to provide you with great service, so we’ll try our best to resolve any disagreements that you have with us. If we can’t, then you and we both agree to resolve disputes related to your use of the Services or these Terms (each, a “Claim”) in binding arbitration instead of court, except that (a) a Claim may be brought in small claims court if it qualifies for it and (b) either party may bring suit in court to enjoin the infringement or other misuse of intellectual property rights.
- We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. However, if for any reason a Dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
- As limited exceptions to subsection (a) above: (i) you may seek to resolve a Dispute in small claims court If it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at email@example.com or by regular mail at 637 Natoma Street #9, San Francisco, CA 94103 within thirty (30) days following the date you first agree to these Terms.
- If you want to begin arbitrating a Dispute, you must send a letter to us at the following address requesting arbitration and describing the Dispute: 637 Natoma Street #9, San Francisco, CA 94103. If we want to begin arbitrating a Dispute, we’ll send such a letter to you at the email address or street address that you provided.
- The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) or a comparable arbitral body (e.g., JAMS), in the event the AAA is unable to conduct the arbitration). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to).
- Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Notwithstanding the provisions of this Paragraph IX, if Eco changes any of the terms of this Section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Eco’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Eco in accordance with the terms of this Section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Eco and you regarding the Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between Eco and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Eco’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Eco may freely assign or transfer these Terms without restriction.
- Any notices or other communications provided by Eco under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
- Eco’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Eco. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.