* Eco-$mart - Terms of Use

Eco-$mart Website and Catalog Terms of Use

The Eco-$mart, Inc. ("Operator"), is the commercial operator of this Web site (the "Site"), although software, hosting and other functions may be provided by Operator's service providers ("Service Providers"), and other companies which are affiliated with Operator ("Affiliates") or merely in a business relationship with Operator ("Business Partners") may also provide content on the Site or sell or provide goods or services on the Site or advertise or link on the Site. Operator's Service Providers, Affiliates and Business Partners are intended third-party beneficiaries of these Terms of Use. This Site is not directed to children under 13 years of age, and children under 13 years of age shall not use this Site to submit any individually identifiable information about themselves. These terms may be changed from time to time and without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new terms. If you do not agree to abide by these or any future terms, do not use the Site or download materials from it. Operator and its Service Providers, Affiliates and Business Partners may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features, at any time. Operator and its Service Providers, Affiliates and Business Partners may remove, modify or otherwise change any content, including that of third parties, on or from this Site. Operator and its Service Providers, Affiliates and Business Partners may impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Operator and its Service Providers, Affiliates and Business Partners may terminate your use of the Site at any time in their sole discretion.
     1. Proprietary Rights. Copyrights. Operator and its Affiliates, Service Providers and Business Partners reserve copyrights in all contents of this Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement. The contents of this Site may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Operator's prior written permission, except that you may download and print content provided by Operator and its Affiliates and Service Providers for uses that are not competitive with or derogatory to Operator or its Affiliates or Service Providers, provided that you keep all copyright or other proprietary notices intact and that you not transfer the content to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms of Use.
     Please note that this limited consent may be revoked at any time and does not include consent to republish Site information on any other Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation. Any other use of the content of this Site is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Site, including but not limited to customer identities. Trademarks. Trademarks of Operator and its Affiliates, Service Providers and Business Partners may not be copied, imitated, or used, in whole or in part, without the prior written permission of Operator. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Operator or its Affiliates, Service Providers or Business Partners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Operator.
     Other trademarks, registered trademarks, product names, and company names or logos displayed on this Site are the property of their respective owners. Patents. Some of Operator's products and processes and those of its Affiliates, Service Providers and Business Partners used on this Site may be covered by one or more patents and are subject to other trade secret and proprietary rights. Operator, its Affiliates, Service Providers and Business Partners reserve all such rights. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of the products or processes of Operator, its Affiliates, Service Providers and Business Partners. Software. Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, "Software"), used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to Operator or its Affiliates, Service Providers or Business Partners. Operator and its Affiliates, Service Providers and Business Partners retain full and complete title to and all intellectual property rights they may own in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
     2. User Conduct - General. In using this Site, you agree not to: (a) disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked sites; (b) disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites; (c) upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files; (d) use or attempt to use another's account, service or system without authorization from the Operator or a Service Provider, or create or use a false identity on this Site; (e) transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; and, (f) attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.
     3. User Conduct -- Online Communities and Other Interactive Areas. The Site may contain areas where you may post and share comments with other Site users on a variety of subjects. You agree that you will not post or otherwise disseminate on or through the Site unlawful, harassing, libelous, tortious, abusive, offensive, threatening, or obscene communications or material of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities or physical harm against anyone. Operator and its Service Providers reserve the right but not the obligation to remove any materials they deem objectionable. You agree to hold harmless Operator and its Affiliates, Service Providers and Business Partners from all claims based upon communications made or materials posted by others or the use by third parties of this Site.
     4. Online Communications On and Through the Site. Except as otherwise provided in our Privacy Policy you agree that any communications you transmit to anyone through the Site or copyrighted works you post on the Site, including, without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, purchase orders, quotes, performance data, account information, or other material, data or information (collectively, "Information"), are non-confidential and upon transmission of such information to Operator or its Affiliates, Service Providers or Business Partners via email or other means you grant to Operator and its Affiliates, Service Providers and Business Partners an irrevocable, non-exclusive, royalty-free, sublicensable, worldwide license (including but not limited to a copyright license) to use, reproduce, display, publicly perform, transmit and distribute such Information for any purpose.
     5. Privacy Policy. Operator's Privacy Policy, incorporated by this reference, describes the type of information Operator and its Affiliates and Service Providers collect when you visit the Site and how they use that information. Please see our Privacy Policy for more information.
     6. Product And Service Information - Limitations. All content available through this Site, including data, quotes, status reports, technical drawings, configurations, and catalog listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any product or service available through this Site. Specifications for products and services are subject to change without notice, and Operator and its Affiliates, Service Providers and Business Partners reserve the right to make changes without notice to processing, materials, or configuration. They do not guarantee that products listed in online catalogs will be available at the time of your order. All information on the Site is subject to the disclaimers of section 8 below.
     7. Links and Third Party Content. Links to Other Websites. This Site may from time to time contain links to other websites or other Internet information sources ("Third Party Sources"). These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by Operator of -- or responsibility for -- the third parties or the linked Third Party Sources or any content, services or products available on or through such Third Party Sources. Links from Other Websites. All links to this Site must be approved in writing by Operator, except that Operator consents to links in which: (1) the link is a text-only link containing only the title of the home page of this Site, (2) the link "points" only to the home page of the Site and not to deeper pages, (3) the link, when activated by a user, displays this home page of the Site full-screen and not within a "frame" on the linked website, (4) the appearance, position, and other aspects of the link may not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by Operator or its Affiliates, Service Providers or Business Partners, or (ii) be such as to damage or dilute the goodwill associated with the name and trademarks of Operator or its Affiliates, Service Providers or Business Partners. Operator reserves the right to revoke this consent to link at any time in its sole discretion. Third Party Content. This Site may from time to time contain material, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in online community discussions. You agree that neither Operator nor its Affiliates, Service Providers nor Business Partners, shall have any liability whatsoever to you for any such third party material, data or information.
     8. Disclaimers. THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN (AS IS) AND (AS AVAILABLE) BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OPERATOR AND ITS AFFILIATES, SERVICE PROVIDERS AND BUSINESS PARTNERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT NEITHER OPERATOR NOR ITS AFFILIATES NOR SERVICE PROVIDERS CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY BUSINESS PARTNERS OR THIRD PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, OPERATOR, AND ITS AFFILIATES, AND SERVICE PROVIDERS ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY BUSINESS PARTNERS OR THIRD PARTIES THROUGH THE SITE. OPERATOR AND ITS AFFILIATES AND SERVICE PROVIDERS AND BUSINESS PARTNERS DO NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES OPERATOR OR ITS AFFILIATES OR SERVICE PROVIDERS OR BUSINESS PARTNERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE. OPERATOR AND ITS AFFILIATES,SERVICE PROVIDERS AND BUSINESS PARTNERS EXPRESSLY DISCLAIM ANY GUARANTEE OR WARRANTY THAT ANY PRODUCT WILL BECOME COMMERCIALLY AVAILABLE. OPERATOR AND ITS AFFILIATES, SERVICE PROVIDERS AND BUSINESS PARTNERS ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF OPERATOR, ITS AFFILIATES, ITS SERVICE PROVIDERS, ITS BUSINESS PARTNERS, THEIR LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS. OPERATOR AND ITS AFFILIATES, SERVICE PROVIDERS AND BUSINESS PARTNERS DISCLAIM ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OPERATOR OR ITS AFFILIATES, SERVICE PROVIDERS OR BUSINESS PARTNERS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING. THIS SITE TOGETHER WITH ANY DOCUMENTS ISSUED BY OPERATOR OR ITS AFFILIATES, SERVICE PROVIDERS OR BUSINESS PARTNERS AND AVAILABLE THROUGH THIS SITE MAY CONTAIN FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE U.S. PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995. THOSE STATEMENTS MAY APPEAR IN A NUMBER OF PLACES IN THIS SITE AND CAN BE IDENTIFIED BY THE USE OF FORWARD-LOOKING TERMINOLOGY SUCH AS BELIEVE, EXPECT, PLANS, MAY, WILL, SHOULD, ANTICIPATES OR SIMILAR STATEMENTS OR THE NEGATIVE THEREOF. SUCH FORWARD-LOOKING STATEMENTS INCLUDE BUT ARE NOT LIMITED TO STATEMENTS MADE AS TO FUTURE OPERATION COSTS, CAPITAL EXPENDITURES, CASH FLOW, IMPROVEMENTS IN INFRASTRUCTURE, DISTRIBUTION SYSTEMS AND OPERATING EFFICIENCIES, SALES AND EARNINGS ESTIMATES OR TRENDS AND EXPANSION PLANS AND PROJECTIONS. SUCH FORWARD-LOOKING STATEMENTS ARE BASED ON CURRENT EXPECTATIONS AND BY THEIR NATURE INVOLVE KNOWN AND UNKNOWN INTERNAL AND EXTERNAL RISKS, UNCERTAINTIES AND OTHERFACTORS WHICH MAY CAUSE THE ACTUAL RESULTS, PERFORMANCE OR ACHIEVEMENTS TO BE MATERIALLY DIFFERENT FROM THOSE EXPRESSED OR IMPLIED. THE INFORMATION CONTAINED IN EACH PARTY'S MOST RECENT ANNUAL REPORT, AS WELL AS INFORMATION INCLUDED IN OTHER OWNER FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION, IDENTIFIES IMPORTANT FACTORS THAT COULD CAUSE SUCH RESULTS, PERFORMANCE OR ACHIEVEMENTS NOT TO BE REALIZED. OPERATOR, ITS AFFILIATES, SERVICE PROVIDERS AND BUSINESS PARTNERS UNDERTAKE NO OBLIGATION TO UPDATE FORWARD-LOOKING STATEMENTS TO REFLECT EVENTS OR CIRCUMSTANCES AFTER THE DATE SUCH STATEMENTS WERE MADE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
     9. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL OPERATOR OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, BUSINESS PARTNERS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY CLAIM BY ANY PARTY OTHER THAN OPERATOR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
     10. General International. Your access to the Site from territories where its contents may be illegal is prohibited. Applicable Law. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, and the federal laws of the United States of America, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of Florida for any disputes arising from or related to this Site or these Terms of Use. Other. These terms are not intended to alter the terms or conditions of any other agreement you may have with Operator or its Affiliates, or Service Providers or Business Partners to the extent that those agreements govern issues other than your use of this Site, nor any agreements that they may have with one another. Should any provision in these terms be found invalid or unenforceable for any reason, then that provision shall be deemed severable from the terms and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to the terms or your use of the Site must be filed within one year after it arose or be permanently barred.

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