Ecolada.com Terms of Use and Privacy Policy
IMPORTANT! These Terms and Conditions ("Terms and Conditions") govern your (the "User" or "You") use of Ecolada.com (the "Web Site") which is provided by Ecolada, LLC. (the "Company"). These Terms and Conditions are subject to change by the Company at any time, at its sole discretion. Your use of the Web Site after such changes are implemented constitutes your acceptance of the changes. Please consult these terms and conditions regularly.These Terms and Conditions were last updated: June 1, 2008
Use of the Web Site You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, Ecolada.com hereby grants you a nonexclusive, nontransferable, limited, and revocable right to use the Web Site solely for your personal educational, informational, and entertainment use. Except as permitted herein, User will not use the Web Site for any other purpose, including any commercial purpose, without the Company's express prior written consent.
No Automated Querying
You may not send automated queries of any sort to the Web Site or to the Company's computer systems without our prior written permission. "Sending automated queries" includes without limitation: (a) using any software that sends various queries to the Web Site to determine how it "ranks" the Search Results for various queries; (b) "meta-searching" the Web Site; or (d) using any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automatic device) to access the Web Site or the Company's computer systems or to monitor or copy the Web Site or any search results generated on our site.
Registration
Certain features and services on the Ecolada.com may require that you register on the site. You agree as a condition of use and registration that we may contact you to inform you of changes to this Agreement or describe new services available on Ecolada.com. You are responsible for safeguarding the password that you use to access any secure areas of Ecolada.com. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Ecolada.com of any unauthorized use of your password.
Content Submission and Grant of License
Consumer reviews and ratings on Ecolada.com ('User Content') are from our users who have chosen to post a review on Ecolada.com. These reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a merchant or other third party in any given transaction.
Users agree not to take any actions for the purpose of manipulating or subverting the product reviews. Furthermore, users agree not to post any content that is false or that contains profanity, personal attacks upon individuals, ethnic slurs, personal information such as credit card numbers, material that violates another's legal rights, or other offensive or inappropriate content for a general audience.
By posting a review, the poster thereby represents that the review is factual to the best of their knowledge, and based on personal experience with the merchant or product reviewed, and irrevocably assigns all copyright and other intellectual property rights in the review to Ecolada.com. Ecolada.com may publish the review on its Web site or elsewhere at its sole discretion and reserves the right to remove or alter the content of any review deemed offensive or in violation of its policies, and all decisions by Ecolada.com in this regard are final.
Disclaimer of Warranty and Limitation of Liability
The Company expressly disclaims any and all warranties with respect to any Content or User Content accessible within or through the Web Site, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement.
As a user you will have access to a variety of sources of content through the Company's service. The Company cannot verify the accuracy or suitability of any information contained in any such sources. Accordingly, the Company will have no liability or responsibility whatsoever for any content contained within any such sources, including product price information received from merchants display on the Web Site. User must rely solely on pricing information available on merchant sites accessible via the web site when making purchase decisions.
User understands that, except for information, products or services clearly identified as being supplied by the Company, the Company does not operate, control or endorse any information, products or services on the Internet in any way.
The Company, its Licensors, service providers, content providers, affiliates, agents, employees, agents, officers and directors will not be liable for any incidental, indirect, consequential, or special damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages, even if the Company has been advised of the possibility of such damages.
Privacy Policy
Your privacy is important to us. To better protect your privacy we (Ecolada, LLC) provide this notice explaining our online information practices associated with our web site, Ecolada.com (the "Web Site"), and the choices you can make about the way your information is collected and used.
By using the Web Site, you are also consenting to our privacy practices, including the use and disclosure of any personally identifiable information that you have shared with us, as described in this Privacy Policy section.
The Sites are not targeted towards, or intended for use by anyone under the age of 18. See Use of the Website Paragraph above.
This notice applies to all information collected or submitted on the Web Site.
- Registration. From time to time, we may offer services that require user registration, through which we will collect user information such as User id, Password, E-mail address, Physical address, Birth date, Name (first and last), etc.
- Email Newsletter If a user wishes to subscribe to the Ecolada.com newsletter we ask for contact and delivery information such as name and email address. Each newsletter will provide an unsubscribe link with each broadcast. We will never sell your name to a third party under any circumstances.
- User Content. Users may choose to add content to the site. In some cases, User Content may include a user ID and email link that is accessible to all site visitors.
- Contact Us Form. Users, particularly prospective partner merchants may elect to fill and submit contact forms which will be forwarded to the appropriate department (sales, customer service, Web ops) for disposition.
- General site use information. As with all websites, certain types of general information about your use is collected by our server, including but not limited to the number of times you have visited the Web Site, your IP address, cookies, pages you viewed, etc.
- Other people. On some pages, you can submit information about other people. For example, you might enter information regarding your friends and contacts into your Web Site address book. In this circumstance, the types of personal information collected may include names, emails and other descriptive content that you add.
We use the information you provide about yourself and others only to assist you in using our service (searching photos and merchant products, etc.). We do not share this information with outside parties.
We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
We use non-identifying and aggregate information to better design the Web Site and to share with advertisers.
We will allow third party advertisers to display targeted advertising information to users of the Web Site. We will not sell and/or give your personally identifiable information to such advertisers, but these advertisers may analyze the keywords and other information you and others have publicly provided in the display of your photos and show ads targeted to such information.
Like any website, we may legally be required to disclose personally identifiable information about you in special circumstances, for instance in response to legal actions, subpoenas, court orders, to establish or exercise our legal rights or defend against legal claims, etc.
Also, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
We are constantly improving our infrastructure to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, and secure the information we collect online.
Questions and comments about our Privacy Policy can be addressed at: privacy@ecolada.com.
Indemnity
By using Ecolada.com, User agrees to indemnify and hold the Company, its Licensors, service providers, content providers, affiliates, agents, employees, agents, officers and directors (the "Indemnified Parties") harmless from any breach of these Terms and Conditions by User, including any use of Content or User Content other than as expressly authorized in these Terms and Conditions. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User's use of the information accessed from the Web Site.
Release
Ecolada.com is a venue where web users and consumers can navigate to read about products, merchants and brands, post their own reviews, read someone else's. In the event that you have a dispute with one or more users (including merchants or manufacturers) of Ecolada.com you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably release and discharge the Company, its Licensors, service providers, content providers, affiliates, agents, employees, agents, officers and directors from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity, concerning, related to or arising out of any such disputes.
To ensure that the release provided in this Agreement is fully enforceable in accordance with its terms, you knowingly and voluntarily waive any protection that you might have in relation to this release. In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes or principles of common law applicable in states other than Florida as it pertains to the enforcement of this release.
Proprietary Information
User acknowledges and agrees that the content accessible within the Web Site is the proprietary information of the Company and its content providers (including other Users). Unless otherwise indicated, the Company and its content providers (including other Users, except as assigned to the Company) retain all right, title, and interest in the Content. Accordingly, User will not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of the Company or the applicable content provider except that User may print out a copy of Content solely for User's personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. User further agrees not to hack into the Web Site but to only access the Web Site content as provided by the Company.
Reporting Copyright and Other Intellectual Property Violations.
Company undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement, as well as other intellectual property violations, we receive. We will remove all content deemed to have been posted or distributed in violation of any such laws. To report such a violation, please provide Company with as much detail as possible, including the following:
- Information about the copyrighted work: description, information about where the work is protected, information about the current owner of the work, the physical or electronic signature of the copyright owner or a person authorized by the copyright owner to act on its behalf;
- Information about the allegedly infringing work: description of the infringing material and any other information necessary to assist the Company in locating the allegedly infringing work;
- Information about yourself: contact information (including your address, telephone number, and email), a statement signed by you that you have a good faith believe that the allegedly infringing work is being used in a manner not authorized by the copyright owner, its agent, or the law, said statement further including a provision that under the penalty of perjury, that the information you have provided is accurate and that you are authorized to act on behalf of the copyright owner.
This Agreement is governed by Florida law as such laws apply to Agreements entered into and to be performed entirely within Florida between Florida residents and without regard to conflict of laws. Any claim arising out of or relating to this Agreement shall be settled by binding arbitration in XXXX, Florida in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by Florida law. However, (a) each of us may seek interim relief from a XXX, FL court to protect the party's rights or property while arbitration is pending, and (b) at the Company's option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.
Assignment.
You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by Ecolada.com, in its sole discretion, to a third party. You may not assign your obligations to another entity.
Miscellaneous
This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with Ecolada.com. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Ecolada.com.
Headings. The headings of Sections of this Agreement are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any Section hereof.
Severability. If any Section or provision of this Agreement is held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such Section or provision of this Agreement shall be deemed severed from this Agreement and the validity of the remainder of this Agreement shall not be affected thereby.
Waivers and Amendments. The waiver by either party of any provision of this Agreement on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of this Agreement on any other occasion or upon any other circumstances. This Agreement may be waived or amended only in writing and signed by both parties.
Notices. All notices or other written communications required or permitted under this Agreement shall be given in writing by courier or reputable overnight delivery services, or by certified mail, return receipt requested to either party at its address set forth below: Claims can be sent to terms@ecolada.com.
Complete Agreement/Incorporation
This Agreement contains the complete understanding of the parties with respect to the subject matter hereof and supersedes all other agreements, understandings, communications and promises of any kind, whether oral or written, between such parties with respect to such subject matter.