Terms of Service

POSTED ON 09-16-2019

 

TERMS OF SERVICE

 

OVERVIEW

Welcome to EcoCharcoal.com.  This website (“Site”) is owned, controlled, and operated by EcoCharcoal. Throughout the Site, the terms “we”, “us” and “our” refer to EcoCharcoal. EcoCharcoal offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.  If you’re using the Services for an organization, you’re agreeing to the Terms on behalf of that organization, and you represent and warrant that you can do so.

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the Terms of this agreement, please exit the Site and terminate all access to and use of the Site. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site.  All changes are effective immediately when we post them. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 – CONTENT

All content included on the Site, including without limitation, text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively “Content”) is owned or licensed property of EcoCharcoal or its suppliers or licensors, and is protected by copyright, trademark, patent, or other proprietary rights. The compilation (collection, arrangement, and assembly) of all Content on the Site is the exclusive property of EcoCharcoal, and protected by U.S. and international copyright laws. EcoCharcoal and its suppliers and licensors expressly reserve all intellectual property rights in all Content.

The Site and the Content are intended solely for personal, non-commercial use. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Site.

 

SECTION 2 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Information made available on this Site, including but not limited to product descriptions, pricing, and availability, may be inaccurate, incomplete or outdated,.  We reserve the right to correct any errors, inaccuracies, or omissions and to change and update information at any time without prior notice.  You agree that it is your responsibility to monitor changes to our Site.

 

SECTION 3 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices and availability for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 4 – OPTIONAL TOOLS

We may provide you with access to third-party tools (e.g., payment services) over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 5 – THIRD-PARTY LINKS

This Site may contain links to other websites and resources provided by third parties that are not affiliated with us. We have no control over the contents of those websites. We have not reviewed or evaluated all the websites linked to this Site. We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.  If you decide to access any of the third party websites linked to this Site, you do so at your own risk and subject to the terms and conditions of use for such websites.

 

SECTION 6 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

 

SECTION 7 – PERSONAL INFORMATION

Your submission of personal information through this Site is governed by our Privacy Policy. To view our Privacy Policy, click here (ecocharcoal.com/privacy-policy).  By using this Site, you consent to all actions taken by us with respect to your information in accordance with our  Privacy Policy.

 

SECTION 8 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 9 – RULES FOR SWEEPSTAKES, CONTESTS, GAMES, AND SIMILAR PROMOTIONS

Any sweepstakes, contests, challenges, raffles, activities, surveys, or similar promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms. If you participate in any Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Please review the applicable rules, which are linked from the particular activity, as well as our Privacy Policy (ecocharcoal.com/privacy-policy) which, in addition to these Terms, governs any information you submit in connection with such activities. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

 

SECTION 10 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services delivered to you through the Service, are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall EcoCharcoal, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 12 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless EcoCharcoal, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from and against any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.  You shall not settle any claim that affects EcoCharcoal without our prior written approval.

 

SECTION 13 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 14 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 15 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 16 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida, United States of America.

 

SECTION 17 – CHANGES TO TERMS OF SERVICE

It is our policy to post any changes we make to our Terms of Service on this page [with a notice that the Terms of Service has been updated on the Site home page]. If we make material changes to how we treat our users’ personal information, we will notify you [by email to the [primary] email address specified in your account[ [and/or] through a notice on the Site’s home page]]. The date the Terms of Service was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and the Terms of Service to check for any changes.

 

SECTION 18 – CONTACT INFORMATION

Questions about the Site or the Terms of Service should be sent to us via our form below.