AGREEMENT TO TERMS
The Website is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Website. You may not use the Website in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, the Content and the Marks.
By placing an order for products or services on the Website, you agree to the terms of sale provided with your order (the “Services Terms of Sale”) which such terms are incorporated herein by reference (for terms of sale related to Ecomify, please click here). We attempt to ensure that product information on the Website is complete, accurate and current. Despite our efforts, information on the Website may occasionally be inaccurate, incomplete or out of date. Except as prohibited by applicable Rhode Island law, we make no representation as to the completeness, accuracy or currency of any information on the Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about descriptions, specifications, prices and availability without notice. If there is any inconsistency between this Orders section and the Services Terms of Sale, the Services Terms of Sale apply.
Products ordered through the Website are subject to acceptance by EcomGraduates in its sole discretion. EcomGraduates may refuse to accept or may cancel any product order, whether or not confirmed, for any or no reason, in its sole discretion, and without liability to the purchaser or any third party. If a purchaser’s credit card has been charged for an order that is subsequently cancelled by EcomGraduates, EcomGraduates shall issue a credit to your credit card account.
LINKS TO THIRD PARTIES
USER GENERATED CONTENT
EcomGraduates does not, and you agree that EcomGraduates has no obligation to, review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the Website (including, without limitation, in customer reviews, bulletins, or on other websites) (collectively, “User Generated Content”), that EcomGraduates is not in any manner responsible for User Generated Content, that EcomGraduates does not guarantee the accuracy, integrity or quality of User Generated Content, and that EcomGraduates cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view User Generated Content on the Website, EcomGraduates is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of EcomGraduates or its affiliated or related entities or content providers. Notwithstanding the foregoing, you acknowledge and agree that EcomGraduates has the absolute right to monitor User Generated Content posted to the Website in its sole discretion. In addition, EcomGraduates reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content.
USE OF INFORMATION SUBMITTED
You agree that EcomGraduates is free to use any comments, information, designs, ideas, or other content contained in any User Generated Content posted by you to the Website, or created by you while accessing the Website (including, without limitation, any designs or other materials created or submitted by you on the Website), or contained in any communication you may send to EcomGraduates or submit to the Website without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Website or other products or services. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of any information submitted to us by you for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such information submitted to us by you, and you hereby warrant that any such information is original or that you have the right to submit such information to us. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in the information you have submitted.
ADDITIONAL TERMS AND CONDITIONS
By using the Website, you represent and warrant that: (5) you are not a minor in the jurisdiction in which you reside; (6) you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Website for any illegal or unauthorized purpose; and (8) your use of the Website will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
- As a user of the Website, you agree not to:
- Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.
- Use any information obtained from the Website in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Website in a manner inconsistent with any applicable laws or regulations.
- Use the Website to advertise or offer to sell goods and services.
- Engage in unauthorized framing of or linking to the Website.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer your profile.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
- Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Website.
- Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise.
We will maintain certain data that you transmit to the Website for the purpose of managing the performance of the Website, as well as data relating to your use of the Website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.
BINDING ARBITRATION AGREEMENT; CLASS ACTION WAIVER (U.S. RESIDENTS ONLY)
YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Neither party shall be entitled to an award of attorneys’ fees as the prevailing party or otherwise, and each party shall be responsible for all legal costs and expenses associated with maintaining such arbitration proceeding.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
Any arbitration proceeding will be governed by the laws of the State of Rhode Island, USA. The place of arbitration will be Providence County, Rhode Island. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator will not award consequential damages, and any award will be limited to monetary damages and will include no equitable relief, injunction, or direction to any party other than the direction to pay a monetary amount. Judgment on the award rendered by the arbitrator will be binding and final, except for any right of appeal provided by the Federal Arbitration Act, and may be entered in any court having jurisdiction. Except as may be required by law, neither you nor EcomGraduates nor an arbitrator may disclose the existence, content, or results of any arbitration under this warranty without the prior written consent of you and EcomGraduates. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
To the greatest extent permitted by applicable law, the filing fees to begin and carry out arbitration will be shared between you and EcomGraduates, but in no event will your fees ever exceed the amount allowable by the AAA. If you are the prevailing party in an arbitration to which the Supplementary Procedures for Consumer-Related Disputes applies, then you are entitled to recover attorneys’ fees as the arbitrator may determine.
There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.
EXCEPT AS PROHIBITED BY APPLICABLE RHODE ISLAND LAW, ECOMGRADUATES AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “ECOMGRADUATES PARTIES”) DO NOT WARRANT THAT ANY INFORMATION, CONTENT OR MATERIAL ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE CONTENT OR MATERIAL ON THE WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE ECOMGRADUATES PARTIES MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. EXCEPT AS PROHIBITED BY RHODE ISLAND LAW, THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES UNDER ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE ECOMGRADUATES PARTIES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS PROHIBITED UNDER APPLICABLE RHODE ISLAND LAW, THE ECOMGRADUATES PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE WEBSITE, WHETHER IN TERMS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE ECOMGRADUATES PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS PROHIBITED UNDER APPLICABLE RHODE ISLAND LAW, YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH CONTENT. YOU (AND NOT THE ECOMGRADUATES PARTIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
LIMITATIONS OF LIABILITY
EXCEPT AS PROHIBITED UNDER RHODE ISLAND LAW, THE ECOMGRADUATES PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE OR ANY CONTENT ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE OR COMPUTER VIRUS. EXCEPT AS PROHIBITED UNDER RHODE ISLAND LAW, THE ECOMGRADUATES PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THE WEBSITE EVEN IF THERE IS NEGLIGENCE BY THE ECOMGRADUATES PARTIES OR IF AN AUTHORIZED REPRESENTATIVE OF THE ECOMGRADUATES PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. EXCEPT AS PROHIBITED UNDER APPLICABLE RHODE ISLAND LAW, THE ECOMGRADUATES PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM LINKING TO ANY THIRD-PARTY WEBSITE.
In order to resolve a complaint regarding the Website or to receive further information regarding use of the Website, please contact us at firstname.lastname@example.org.