Conditions of Use
If you choose to use Ecosphero Services, your use and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, resolution of disputes, and application of the law of the state of Washington.
By using the Ecosphero Services, you agree, on behalf of yourself and all others who use any Service under your account, to the following conditions.
Please read these conditions carefully.
We offer a wide range of Ecosphero Services, and sometimes additional terms may apply. When you use an Ecosphero Service you also will be subject to the guidelines, terms and agreements applicable to that Ecosphero Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
ELECTRONIC COMMUNICATIONS
When you use Ecosphero Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Ecosphero Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any Ecosphero Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Ecosphero or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Ecosphero Service is the exclusive property of Ecosphero and protected by U.S. and international copyright laws.
TRADEMARKS
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Ecosphero Service are trademarks or trade dress of Ecosphero in the U.S. and other countries. Ecosphero's trademarks and trade dress may not be used in connection with any product or service that is not Ecosphero's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ecosphero. All other trademarks not owned by Ecosphero that appear in any Ecosphero Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ecosphero.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Ecosphero or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Ecosphero Services. This license does not include any resale or commercial use of any Ecosphero Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Ecosphero Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Ecosphero or its licensors, suppliers, publishers, rightsholders, or other content providers. No Ecosphero Service, nor any part of any Ecosphero Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Ecosphero. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ecosphero without express written consent. You may not use any meta tags or any other "hidden text" utilizing Ecosphero's name or trademarks without the express written consent of Ecosphero. You may not misuse the Ecosphero Services. You may use the Ecosphero Services only as permitted by law. The licenses granted by Ecosphero terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR ACCOUNT
You may need your own Ecosphero account to use certain Ecosphero Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Ecosphero does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Ecosphero Services only with involvement of a parent or guardian. Ecosphero reserves the right to refuse service, terminate accounts, terminate your rights to use Ecosphero Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Ecosphero reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Ecosphero a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Ecosphero and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Ecosphero for all claims resulting from content you supply. Ecosphero has the right but not the obligation to monitor and edit or remove any activity or content. Ecosphero takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All purchases of physical items from Ecosphero are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Ecosphero does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Ecosphero does not take title to the refunded item.
PRODUCT DESCRIPTIONS
Ecosphero attempts to be as accurate as possible. However, Ecosphero does not warrant that product descriptions or other content of any Ecosphero Service is accurate, complete, reliable, current, or error-free. If a product offered by Ecosphero itself is not as described, your sole remedy is to return it in unused condition.
PRICING
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Ecosphero and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Ecosphero.
With respect to items sold by Ecosphero, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Ecosphero is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
APPLICATION PERMISSIONS
When you use apps created by Ecosphero, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any Ecosphero Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Ecosphero Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Ecosphero Software), technology, and services.
OTHER BUSINESSES
Parties other than Ecosphero provide products or services through Ecosphero Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Ecosphero. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Ecosphero does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE ECOSPHERO SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ECOSPHERO SERVICES ARE PROVIDED BY ECOSPHERO ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ECOSPHERO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ECOSPHERO SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ECOSPHERO SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ECOSPHERO SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, ECOSPHERO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ECOSPHERO DOES NOT WARRANT THAT THE ECOSPHERO SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ECOSPHERO SERVICES, ECOSPHERO'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ECOSPHERO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, ECOSPHERO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ECOSPHERO SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ECOSPHERO SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES
Any dispute or claim relating in any way to your use of any Ecosphero Service will be adjudicated in the state or Federal courts in King County, Washington, and you consent to exclusive jurisdiction and venue in these courts. You waive any right to a jury trial.
APPLICABLE LAW
By using any Ecosphero Service, you agree that applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Ecosphero.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
These policies govern your use of Ecosphero Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ADDITIONALECOSPHERO SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Ecosphero Services (the "Ecosphero Software").
Use of the Ecosphero Software. You may use Ecosphero Software solely for purposes of enabling you to use the Ecosphero Services as provided by Ecosphero, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Ecosphero Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Ecosphero Software in whole or in part. All software used in any Ecosphero Service is the property of Ecosphero or its software suppliers and is protected by United States and international copyright laws.
Use of Third Party Services. When you use the Ecosphero Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Ecosphero Software, whether in whole or in part.
Updates. We may offer automatic or manual updates to the Ecosphero Software at any time and without notice to you.
Government End Users. If you are a U.S. Government end user, we are licensing the Ecosphero Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Ecosphero Software are the same as the rights we grant to all others under these Conditions of Use.
Conflicts. In the event of any conflict between these Conditions of Use and any other Ecosphero or third-party terms applicable to any portion of Ecosphero Software, such as open-source license terms, such other terms will control as to that portion of the Ecosphero Software and to the extent of the conflict.