ECOALITION TERMS OF SERVICE
Last updated: 10-November,2022
ECOALITION TERMS OF SERVICE
Last updated: 10-November,2022
Overview
Welcome to our website! This https://ecoalition.com/ website (“Website”) is operated by Ecoalition LLC (“we”, “us”, “our”, or the “Company”). We offer our Services, including all information, services, products, tools and other content available on this Website to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated in these Terms of Service including those additional terms and conditions and policies referenced herein or available by hyperlink (collectively, these “Terms”). By visiting, accessing or using our Website or purchasing products or services from us, you engage in our “Services” and agree to be bound by these Terms. These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, or merchants. Capitalized but undefined terms in these Terms will have the meanings ascribed to them in our Privacy Policy (www.ecoalition.com/privacypolicy).

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES. BY ACCESSING OR USING ANY PART OF OUR SERVICES OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS IN THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE WEBSITE OR ANY OF OUR OTHER SERVICES. ANY NEW FEATURES OR TOOLS WHICH ARE ADDED TO OUR SERVICES SHALL ALSO BE SUBJECT TO THESE TERMS.PLEASE BE ADVISED THAT THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS, AND DISCLAIMERS OF WARRANTIES AND LIABILITY. THESE TERMS ALSO ALLOW YOU TO PURSUE CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. AS A RESULT, YOU MAY SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS.WE MAY IMMEDIATELY TERMINATE YOUR ACCESS TO OUR WEBSITE IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS.

Our store via our Website is hosted on Shopify Inc. Shopify Inc. provides us with the online e-commerce platform that allows us to sell our products and services to you. Information submitted by you to our store will be transmitted to and shared with Shopify Inc. or other third parties that may be located in other countries, in each case in order to facilitate the provision of services to you, including but not limited to transaction processing and fraud prevention.

1. Changes to these TermsYou can review the most current version of these Terms at any time on this page. We reserve the right to modify, change, update, or remove portions of these Terms at any time, so please check back and review these Terms from time to time. We will provide notice of any material changes by posting the revised Terms on our Website with an updated "Last Updated” date. Your continued use of or access to our Website or our other Services following the posting of any changes to these Terms constitutes your express acceptance of those changes.

2. General ConditionsYou acknowledge that these Terms are supported by reasonable and valuable consideration, which you have received, and which is adequate. Such consideration includes your ability to access, use or interact with our Website.By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use our Services.You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our Services, violate any laws in your jurisdiction (including, but not limited to, intellectual property laws). A breach or violation of any of these Terms may result in an immediate termination of our Services to you.

3. Modifications to our Services and PricesPrices for our Services are subject to change at any time without notice. We reserve the right at any time to modify or discontinue our Services (or any part, product, 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 our Services.

4. Products or Services InformationCertain products or services may be available exclusively online through the Website or other Services. These products or services may have limited quantities.We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. Any offer for any product or service made on or through our Services is void where prohibited.We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in our Services will be corrected. All material and information presented by us is intended to be used for personal, or informational purposes only.
5. Purchases and Accuracy of Billing InformationWe reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.You agree to provide current, complete and accurate purchase information for all purchases made on our Website or using our Services. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, so that we can complete your transactions and contact you as needed.You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with your purchase. We may employ the use of third-party services for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

6. Third-Party ServicesCertain features of the Website and our Services are served by our third-party service providers. When engaging with any of the third-party service providers, you acknowledge and agree that: (a) we do not endorse, and make no representations or warranties regarding, any third-party provider, including, without limitation, with respect to the quality of performance; (b) your use of a third-party provider is, as between us and you, at your sole and exclusive risk, and you should conduct due diligence as you deem necessary or appropriate before utilizing the third-party provider’s services; (c) your use of the third party service may be subject to the third party’s applicable terms and conditions, including without limitation, those set forth in any applicable terms and conditions agreed to by or otherwise made available to you (collectively, “Third-Party Requirements”); and (d) you are solely responsible for compliance with, and will ensure that you comply with, all Third-Party Requirements.We may also provide on or through the Website links or access to other websites, mediums, content or materials belonging to advertisers, our business partners, affiliates or other third parties. All third-party materials and links are provided solely as a convenience to you, and such links and access do not constitute our endorsement of those third parties, or the products or services of those third parties or the content on their website(s) or other materials. We are not responsible for the activities or policies of those third parties. We accept no responsibility for such third parties or for any loss or damage that may arise from your use of the third-party links or the products or services of those third parties. We do not guarantee that the terms, prices or other content offered by any particular advertiser, business partner, affiliate or other third party on or through the Website are accurate or the best terms or lowest prices available in the market.You acknowledge and agree that we are not responsible for any third-party materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. If you decide to access any of the third-party websites or mediums, you do so entirely at your own risk and subject to the terms and conditions of use of such third-party websites and mediums.

7. Linking to the Website and Social Media FeaturesYou may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent.Additionally, the Website may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content available on the Website; send e-mails or other communications with certain content, or links to certain content available on the Website; or cause limited portions of content available on the Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content with which they are displayed, and otherwise in accordance with these Terms and any additional terms and conditions that we may provide with respect to such features. Subject to the foregoing, you must not:
  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any website.
  • Otherwise take any action with respect to the materials available on the Website that is inconsistent with any other provision of these Terms.
Any website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms. You agree to cooperate with us in causing any unauthorized framing or linking to immediately cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

8. PrivacyAny information you provide us will be stored and used in accordance with our Privacy Policy. By indicating your acceptance of these Terms, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.

9. Consent To Electronic CommunicationBy using our Services, you agree to allow us to communicate with you electronically, and you consent to electronic delivery of notices, documents, and other materials from us or our Services, via the Website or e-mail.

10. Errors, Inaccuracies and OmissionsOccasionally there may be information on our Website or via our Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery 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 on our Website, via our Services, 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 on the Website, in our Services, or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website, in our Services, or on any related website, should be taken to indicate that all information on the Website, in our Services, or on any related website has been modified or updated.

11. Prohibited UsesIn addition to other prohibitions set forth in these Terms, you shall not use the Website or our Services:
  • or any unlawful purpose or to solicit others to perform or participate in any unlawful acts;
  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances or to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • to submit false or misleading information;
  • to upload or transmit viruses, worms, or any other type of malicious or destructive code or to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • for any obscene, inappropriate, defamatory, infringing, or unlawful purpose; or
  • to violate any of these Terms
In addition to other prohibitions as set forth in these Terms, you shall not:
  • decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, or create derivative works based on the whole or any part of our Services, for any purpose whatsoever;
  • remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of us or our affiliates, partners, or suppliers;
  • use our Services in a manner that derives revenue directly from our Services, or use our Services for any other purpose for which it is not designed or intended;
  • use our Services to create a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for our Services, products, or software offered by us;
  • use our Services to send automated queries to any website or to send any unsolicited commercial e-mail;
  • circumvent, disable or tamper with any security-related components or other protective measures applicable to our Services or your device;
  • use the Website or our Services for any commercial purpose whatsoever other than for your personal use;
  • rent, lease, sub-license, loan, distribute, time-share, or translate the Website or our Services in any way;
  • sell, resell, or exploit our Services in whole or in part (including object and source code), in any form to any person or entity; or
  • use our Services in a way that could damage, disable, overburden, impair, or compromise our systems or security or interfere with other users, or restrict or inhibit any other user from using our Services.
We reserve the right to terminate your use of the Website or our other Services for committing any of the prohibited uses.
12. Content, Ownership, Limited License and Rights of Others
  • Our Content. The Website and our Services contain a variety of: (i) materials and other items relating to us and our products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of our Services, and the compilation, assembly, and arrangement of the materials of our Services and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including our trademarks; and (iii) other forms of intellectual property (all of the foregoing collectively, “Our Ctonent”).
  • Ownership. Our Services (including past, present, and future versions) and Our Content are owned by us, our licensors or certain other third parties. All right, title, and interest in and to Our Content available via the Services is the property of us or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, or other intellectual property and unfair competition rights and laws to the fullest extent possible. We own the copyright in the selection, compilation, assembly, arrangement, and enhancement of Our Content on the Website and our other Services.
  • Limited License. We grant you a limited license to access and make personal use of the Website and Our Content only for noncommercial purposes and only to the extent such use does not violate these Terms. This license does not include any resale or commercial use of the Website; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website; any downloading, copying, or other use of the Website 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 Terms are reserved and retained by us or Our Content providers. The Website and our Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. 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 us without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. You may not misuse the Website or our other Services. You may use the Website and our other Services only as permitted by law. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, Our Content; and (ii) may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability.
  • Rights of Others. When using our Services, you must respect the intellectual property and other rights of us and others. Your unauthorized use of Our Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
  • Feedback. We or our licensors will own and retain all right, title and interest in and to: (i) any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the subject matter of these Terms (collectively, “Feedback”); (ii) any and all performance data, test or evaluation results, or other metrics derived from our Services; and (iii) all intellectual property rights related to any of the foregoing. We expressly reserve all other rights in and to the foregoing. Any improvements, enhancements or other modifications created, prepared, produced, authored, edited, amended, conceived or reduced to practice by us (whether alone or together with you or any other third party or parties) arising out of or relating to Feedback are and will remain our sole and exclusive property.
12. Your ContentIn the course of using our Services, you may submit or transmit certain content on, to, through or in connection with the Website or our Services, including Your Information, reviews, ratings and information that may be publicly displayed on or through our Services (collectively, “Your Content”). Responsibility for Your Content. You alone are responsible for Your Content, and once published or otherwise used by us in accordance with our Privacy Policy, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. By submitting Your Content on or through our Website, you represent and warrant that you own, or have the necessary permissions to use and authorize the use of Your Content as described in these Terms and our Privacy Policy and that Your Content complies with these Terms. You may not imply that Your Content is in any way sponsored or endorsed by us.You acknowledge that Your Content may expose you to liability. For example, but not by way of limitation, you may be exposed to liability if Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

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14. International UsersThe Website and our Services are controlled, operated and administered by us from the United States of America. We make no representations or warranties that the Website or our Services are permissible, appropriate or available for use in other jurisdictions. If you access the Website or our Services from a location outside the United States, then you do so by your own volition and you are solely responsible for compliance with all laws, regulations and rules (including local laws and any applicable United States export control laws). You must not use the Website, our Services or Our Content in a manner prohibited by any applicable state, federal, international or local laws, rules, restrictions or regulations.

15. Disclaimer of WarrantiesYou agree that from time to time we may remove our Services for indefinite periods of time or cancel our Services at any time, without notice to you.YOUR USE OF OUR SERVICES, INCLUDING THE WEBSITE, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND ANY WEBSITE-RELATED SERVICE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. OUR SERVICES, INCLUDING THE WEBSITE, ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITHIN THE WEBSITE AND ANY WEBSITE-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, MEMBERS, MANAGERS, AND EMPLOYEES, EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE WITH RESPECT TO THE SAME.NEITHER WE NOR OUR LICENSORS, AND OTHER RELATED PARTIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, MEMBERS, MANAGERS, REPRESENTATIVES, AND EMPLOYEES MAKE ANY REPRESENTATION OR WARRANTY THAT: (a) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (b) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FROM THE WEBSITE OR OUR SERVICES ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (c) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), OR ERROR-FREE OR PROVIDE CONTINUOUS STORAGE OR ACCESS; (d) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (e) THE QUALITY OF ANY SERVICES, PRODUCTS, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR OUR OTHER SERVICES WILL MEET YOUR EXPECTATIONS; OR (f) ANY ERRORS IN OUR SERVICES, INCLUDING THE WEBSITE OR SOFTWARE WILL BE CORRECTED.

16. Limitation on Liability(a) IN NO EVENT WILL WE OR ANY OF OUR LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR THE PROVISION OF OUR SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (i) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR DIMINUTION IN VALUE; (ii) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF OUR SERVICES, IN WHOLE OR IN PART, INCLUDING, WITHOUT LIMITATION, THE WEBSITE; (iii) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF YOUR DATA, OR A BREACH OF DATA OR SYSTEM SECURITY; OR (iv) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, IN EACH CASE, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.(b) IN NO EVENT WILL OUR, AND OUR LICENSORS, SERVICE PROVIDERS AND SUPPLIERS, COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU TO US UNDER THESE TERMS DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR, IF YOU HAVE NOT PAID US IN CONNECTION WITH THE USE OF ANY SERVICES, THE AMOUNT OF $25.00. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.(c) Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these state laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you. In the event that the foregoing is determined or held to be inapplicable or unenforceable by any court, Arbitrator, arbitration panel or other tribunal, then the statute of limitations for the State of Florida, including Chapter 95, Florida Statutes, will apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.

17. IndemnificationYou agree to indemnify, defend and hold us and our officers, directors, managers, members, employees, contractors, representatives, and agents harmless from and against any and all losses, damages, settlements, costs, fees, penalties, causes of action, third party claims, expenses, and all other liabilities, including, but not limited to, attorney’s fees and legal costs, arising out of, related to, or in connection with: (i) your use or misuse of the Website or our Services, or your connection to the Website; (ii) any material or any other content or information that you submit, post or upload to or transmit through the Website or our Services; (iii) your violation or breach of any of these Terms; (iv) non-payment by you for any of our Services; or (v) your tortious misconduct, including, but not limited to, fraud, and any other tort or your violation of any law or the rights of any third-party. These obligations will survive any termination of your relationship with us or your use of the Website or our Services.

18. Equitable Remedies You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we will be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of these Terms. You agree that we may bring any action or proceeding with regard to such injunction restraining such breach or threatened breach in the courts of record of [COUNTY NAME] County, Florida. You consent to the exclusive jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. We may effect service of any court paper on you by mail or in such other manner as may be provided under applicable laws, regulations, rules of procedure or local rules.

19. Disputes: Arbitration Agreement, and Class Waiver
Please read this section carefully. Except as these Terms otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.
  • Agreement to Binding Arbitration
Before initiating arbitration, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including, but not limited to, information or representations related to our products or services and upon which you rely. You may seek to resolve any customer concerns through our support services at [EMAIL] or send the written description by U.S. Mail to [ADDRESS]. You agree to negotiate with us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 30 days after our receipt of your written dispute, you agree to the dispute resolution provisions below.By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against us, the Website or our Services on an individual basis in arbitration, as set forth in this Section. You and we agree that any disputes between us (including any disputes between you and a third-party agent of the Company) will be resolved through binding and final arbitration and not in a court. This includes, but is not limited to: (i) any dispute, claims, or controversy arising out of or relating to any part of these Terms, or the existence, breach, termination, enforcement, interpretation or validity thereof; or (ii) your access to or use of our Services, including the Website’s services or products at any time. Such dispute shall be submitted to the American Arbitration Association (“AAA”) for individual arbitration in [COUNTY NAME] County, Florida (or such other location as you and we mutually agree) and shall be before one arbitrator. The arbitration shall be administered by the AAA pursuant to its Consumer Arbitration Rules and Procedures, only as modified by this Arbitration Agreement.You and we agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.By agreeing to individual arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, an Arbitrator can award on an individual basis the same damages and relief as would be available in court, and must enforce the same limitations stated in these Terms as a court would.
  • No Class Action
You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you and we each agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an Arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
  • Rules and Governing Law
The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf. The rules of the arbitral forum will govern all aspects of the arbitration, except to the extent those rules conflict with these Terms.Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Florida, without regard to its conflict of laws provisions.
  • Arbitration Process
You can begin the arbitration by submitting a Demand for Arbitration, which is a statement containing basic information about the dispute: (a) the names, addresses and phone numbers of the parties involved (you and the Company, in most cases); (b) a description of the dispute; and (c) a short statement of the relief you are seeking. The AAA provides a Demand for Arbitration form on its website, or you may contact the AAA at 800-778-7879.Complete the Demand for Arbitration and make at least four (4) copies. Keep one copy for your records. Send one copy to us by certified mail at Notice of Dispute, Address: [ADDRESS].Send the final two copies of the Demand for Arbitration to the AAA. Please be sure to include: (1) a copy of this arbitration provision (you may obtain a copy from these Terms); and (2) the appropriate AAA filing fee. You may obtain the amount of the fee by consulting the AAA's rules. Those rules may be obtained by visiting the Consumer section on the AAA's website, or by calling the AAA at 800.778.7879.Unless you and we agree otherwise in writing, in the event that any provision of this Section is found not to apply to you or to a particular claim or dispute as a result of a decision by the Arbitrator or a court order, any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in [NAME OF COUNTY] County, Florida. You and we will submit to the personal jurisdiction of the courts located within [NAME OF COUNTY], Florida for the purpose of litigating all such claims or disputes.
  • Arbitrator’s Decision
The Arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The Arbitrator will not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.Regardless of the manner in which the arbitration is conducted, the Arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. Judgment on the award may be entered in any court having competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. The Arbitrator’s decision shall be final and binding on all parties.Judgment on any award rendered by the Arbitrator is final, binding and conclusive on you and us and your and our respective administrators, executors, legal representatives, successors and assigns.With the exception of disclosures to affiliates and legal counsel, all negotiations and arbitration proceedings related to a dispute (including a settlement, award, or the documents and briefs exchanged or produced during arbitration) are confidential and may not be disclosed by the parties except to the extent necessary for interim measures or conservatory relief, the enforcement of an arbitration award, or as required by law.
  • Fees
Payment of all filing, administration and Arbitrator fees will be governed by the AAA's applicable consumer rules. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the Arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the Arbitrator.MiscellaneousIf any provision of these Terms is contrary to, prohibited by or deemed invalid under applicable law, such provision will be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder of these Terms will not be invalidated thereby and will be given full force and effect so far as possible. If any provision of these Terms may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision will have the meaning that renders it valid and enforceable.For purposes of these Terms, the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”, and the word “or” is not exclusive. The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms, and will not limit or otherwise affect in any way the meaning or interpretation of these Terms.All covenants, agreements, representations and warranties made in these Terms, as may be amended by us, from time to time, will survive your acceptance of these Terms and the termination of these Terms.No failure to exercise, and no delay in exercising, any right or any power set forth in these Terms by us will operate as a waiver of such right or power, nor will any single or partial exercise of any right or power under these Terms by us preclude further exercise of that or any other right or power under these Terms.We may give, assign or transfer our rights or obligations under these Terms to any person or entity at any time with or without your consent. You may not give, assign or transfer your rights or obligations under these Terms to any person or entity without our prior written consent, which may be withheld in our sole discretion. Any attempt to assign your rights or obligations under these Terms without our consent will be void and of no force and effect.We will not be liable for any changes, delays, failures or problems out of our control, including, without limitation, any changes, delays, failures or problems caused by natural disasters, acts of god, war, terrorism, riots, embargoes, pandemics, epidemics, health crisis, government acts, utility outages, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, denial of service attacks, strikes, shortage of transportation facilities, fuel, energy, labor or materials, failure of communication lines, the Internet or other similar events.You and we are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms.These Terms (together, with any policies and documents they expressly incorporate by reference, including our Privacy Policy) represent the entire understanding and agreement between you and us regarding the subject matter of these Terms, and supersede all other previous agreements, understandings or representations regarding these Terms.21. Contact UsIf you have any questions, comments, or concerns regarding these Terms or our Services, please contact us via email at: [email protected].
Overview
Welcome to our website! This https://ecoalition.com/ website (“Website”) is operated by Ecoalition LLC (“we”, “us”, “our”, or the “Company”). We offer our Services, including all information, services, products, tools and other content available on this Website to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated in these Terms of Service including those additional terms and conditions and policies referenced herein or available by hyperlink (collectively, these “Terms”). By visiting, accessing or using our Website or purchasing products or services from us, you engage in our “Services” and agree to be bound by these Terms. These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, or merchants. Capitalized but undefined terms in these Terms will have the meanings ascribed to them in our Privacy Policy (www.ecoalition.com/privacypolicy).

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES. BY ACCESSING OR USING ANY PART OF OUR SERVICES OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS IN THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE WEBSITE OR ANY OF OUR OTHER SERVICES. ANY NEW FEATURES OR TOOLS WHICH ARE ADDED TO OUR SERVICES SHALL ALSO BE SUBJECT TO THESE TERMS.PLEASE BE ADVISED THAT THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS, AND DISCLAIMERS OF WARRANTIES AND LIABILITY. THESE TERMS ALSO ALLOW YOU TO PURSUE CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. AS A RESULT, YOU MAY SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS.WE MAY IMMEDIATELY TERMINATE YOUR ACCESS TO OUR WEBSITE IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS.

Our store via our Website is hosted on Shopify Inc. Shopify Inc. provides us with the online e-commerce platform that allows us to sell our products and services to you. Information submitted by you to our store will be transmitted to and shared with Shopify Inc. or other third parties that may be located in other countries, in each case in order to facilitate the provision of services to you, including but not limited to transaction processing and fraud prevention.

1. Changes to these TermsYou can review the most current version of these Terms at any time on this page. We reserve the right to modify, change, update, or remove portions of these Terms at any time, so please check back and review these Terms from time to time. We will provide notice of any material changes by posting the revised Terms on our Website with an updated "Last Updated” date. Your continued use of or access to our Website or our other Services following the posting of any changes to these Terms constitutes your express acceptance of those changes.

2. General ConditionsYou acknowledge that these Terms are supported by reasonable and valuable consideration, which you have received, and which is adequate. Such consideration includes your ability to access, use or interact with our Website.By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use our Services.You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our Services, violate any laws in your jurisdiction (including, but not limited to, intellectual property laws). A breach or violation of any of these Terms may result in an immediate termination of our Services to you.

3. Modifications to our Services and PricesPrices for our Services are subject to change at any time without notice. We reserve the right at any time to modify or discontinue our Services (or any part, product, 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 our Services.

4. Products or Services InformationCertain products or services may be available exclusively online through the Website or other Services. These products or services may have limited quantities.We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. Any offer for any product or service made on or through our Services is void where prohibited.We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in our Services will be corrected. All material and information presented by us is intended to be used for personal, or informational purposes only.
5. Purchases and Accuracy of Billing InformationWe reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.You agree to provide current, complete and accurate purchase information for all purchases made on our Website or using our Services. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, so that we can complete your transactions and contact you as needed.You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with your purchase. We may employ the use of third-party services for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

6. Third-Party ServicesCertain features of the Website and our Services are served by our third-party service providers. When engaging with any of the third-party service providers, you acknowledge and agree that: (a) we do not endorse, and make no representations or warranties regarding, any third-party provider, including, without limitation, with respect to the quality of performance; (b) your use of a third-party provider is, as between us and you, at your sole and exclusive risk, and you should conduct due diligence as you deem necessary or appropriate before utilizing the third-party provider’s services; (c) your use of the third party service may be subject to the third party’s applicable terms and conditions, including without limitation, those set forth in any applicable terms and conditions agreed to by or otherwise made available to you (collectively, “Third-Party Requirements”); and (d) you are solely responsible for compliance with, and will ensure that you comply with, all Third-Party Requirements.We may also provide on or through the Website links or access to other websites, mediums, content or materials belonging to advertisers, our business partners, affiliates or other third parties. All third-party materials and links are provided solely as a convenience to you, and such links and access do not constitute our endorsement of those third parties, or the products or services of those third parties or the content on their website(s) or other materials. We are not responsible for the activities or policies of those third parties. We accept no responsibility for such third parties or for any loss or damage that may arise from your use of the third-party links or the products or services of those third parties. We do not guarantee that the terms, prices or other content offered by any particular advertiser, business partner, affiliate or other third party on or through the Website are accurate or the best terms or lowest prices available in the market.You acknowledge and agree that we are not responsible for any third-party materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. If you decide to access any of the third-party websites or mediums, you do so entirely at your own risk and subject to the terms and conditions of use of such third-party websites and mediums.

7. Linking to the Website and Social Media FeaturesYou may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent.Additionally, the Website may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content available on the Website; send e-mails or other communications with certain content, or links to certain content available on the Website; or cause limited portions of content available on the Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content with which they are displayed, and otherwise in accordance with these Terms and any additional terms and conditions that we may provide with respect to such features. Subject to the foregoing, you must not:
  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any website.
  • Otherwise take any action with respect to the materials available on the Website that is inconsistent with any other provision of these Terms.
Any website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms. You agree to cooperate with us in causing any unauthorized framing or linking to immediately cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

8. PrivacyAny information you provide us will be stored and used in accordance with our Privacy Policy. By indicating your acceptance of these Terms, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.

9. Consent To Electronic CommunicationBy using our Services, you agree to allow us to communicate with you electronically, and you consent to electronic delivery of notices, documents, and other materials from us or our Services, via the Website or e-mail.

10. Errors, Inaccuracies and OmissionsOccasionally there may be information on our Website or via our Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery 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 on our Website, via our Services, 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 on the Website, in our Services, or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website, in our Services, or on any related website, should be taken to indicate that all information on the Website, in our Services, or on any related website has been modified or updated.

11. Prohibited UsesIn addition to other prohibitions set forth in these Terms, you shall not use the Website or our Services:
  • or any unlawful purpose or to solicit others to perform or participate in any unlawful acts;
  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances or to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • to submit false or misleading information;
  • to upload or transmit viruses, worms, or any other type of malicious or destructive code or to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • for any obscene, inappropriate, defamatory, infringing, or unlawful purpose; or
  • to violate any of these Terms
In addition to other prohibitions as set forth in these Terms, you shall not:
  • decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, or create derivative works based on the whole or any part of our Services, for any purpose whatsoever;
  • remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of us or our affiliates, partners, or suppliers;
  • use our Services in a manner that derives revenue directly from our Services, or use our Services for any other purpose for which it is not designed or intended;
  • use our Services to create a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for our Services, products, or software offered by us;
  • use our Services to send automated queries to any website or to send any unsolicited commercial e-mail;
  • circumvent, disable or tamper with any security-related components or other protective measures applicable to our Services or your device;
  • use the Website or our Services for any commercial purpose whatsoever other than for your personal use;
  • rent, lease, sub-license, loan, distribute, time-share, or translate the Website or our Services in any way;
  • sell, resell, or exploit our Services in whole or in part (including object and source code), in any form to any person or entity; or
  • use our Services in a way that could damage, disable, overburden, impair, or compromise our systems or security or interfere with other users, or restrict or inhibit any other user from using our Services.
We reserve the right to terminate your use of the Website or our other Services for committing any of the prohibited uses.
12. Content, Ownership, Limited License and Rights of Others
  • Our Content. The Website and our Services contain a variety of: (i) materials and other items relating to us and our products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of our Services, and the compilation, assembly, and arrangement of the materials of our Services and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including our trademarks; and (iii) other forms of intellectual property (all of the foregoing collectively, “Our Ctonent”).
  • Ownership. Our Services (including past, present, and future versions) and Our Content are owned by us, our licensors or certain other third parties. All right, title, and interest in and to Our Content available via the Services is the property of us or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, or other intellectual property and unfair competition rights and laws to the fullest extent possible. We own the copyright in the selection, compilation, assembly, arrangement, and enhancement of Our Content on the Website and our other Services.
  • Limited License. We grant you a limited license to access and make personal use of the Website and Our Content only for noncommercial purposes and only to the extent such use does not violate these Terms. This license does not include any resale or commercial use of the Website; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website; any downloading, copying, or other use of the Website 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 Terms are reserved and retained by us or Our Content providers. The Website and our Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. 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 us without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. You may not misuse the Website or our other Services. You may use the Website and our other Services only as permitted by law. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, Our Content; and (ii) may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability.
  • Rights of Others. When using our Services, you must respect the intellectual property and other rights of us and others. Your unauthorized use of Our Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
  • Feedback. We or our licensors will own and retain all right, title and interest in and to: (i) any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the subject matter of these Terms (collectively, “Feedback”); (ii) any and all performance data, test or evaluation results, or other metrics derived from our Services; and (iii) all intellectual property rights related to any of the foregoing. We expressly reserve all other rights in and to the foregoing. Any improvements, enhancements or other modifications created, prepared, produced, authored, edited, amended, conceived or reduced to practice by us (whether alone or together with you or any other third party or parties) arising out of or relating to Feedback are and will remain our sole and exclusive property.
12. Your ContentIn the course of using our Services, you may submit or transmit certain content on, to, through or in connection with the Website or our Services, including Your Information, reviews, ratings and information that may be publicly displayed on or through our Services (collectively, “Your Content”). Responsibility for Your Content. You alone are responsible for Your Content, and once published or otherwise used by us in accordance with our Privacy Policy, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. By submitting Your Content on or through our Website, you represent and warrant that you own, or have the necessary permissions to use and authorize the use of Your Content as described in these Terms and our Privacy Policy and that Your Content complies with these Terms. You may not imply that Your Content is in any way sponsored or endorsed by us.You acknowledge that Your Content may expose you to liability. For example, but not by way of limitation, you may be exposed to liability if Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

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14. International UsersThe Website and our Services are controlled, operated and administered by us from the United States of America. We make no representations or warranties that the Website or our Services are permissible, appropriate or available for use in other jurisdictions. If you access the Website or our Services from a location outside the United States, then you do so by your own volition and you are solely responsible for compliance with all laws, regulations and rules (including local laws and any applicable United States export control laws). You must not use the Website, our Services or Our Content in a manner prohibited by any applicable state, federal, international or local laws, rules, restrictions or regulations.

15. Disclaimer of WarrantiesYou agree that from time to time we may remove our Services for indefinite periods of time or cancel our Services at any time, without notice to you.YOUR USE OF OUR SERVICES, INCLUDING THE WEBSITE, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND ANY WEBSITE-RELATED SERVICE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. OUR SERVICES, INCLUDING THE WEBSITE, ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITHIN THE WEBSITE AND ANY WEBSITE-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, MEMBERS, MANAGERS, AND EMPLOYEES, EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE WITH RESPECT TO THE SAME.NEITHER WE NOR OUR LICENSORS, AND OTHER RELATED PARTIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, MEMBERS, MANAGERS, REPRESENTATIVES, AND EMPLOYEES MAKE ANY REPRESENTATION OR WARRANTY THAT: (a) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (b) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FROM THE WEBSITE OR OUR SERVICES ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (c) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), OR ERROR-FREE OR PROVIDE CONTINUOUS STORAGE OR ACCESS; (d) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (e) THE QUALITY OF ANY SERVICES, PRODUCTS, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR OUR OTHER SERVICES WILL MEET YOUR EXPECTATIONS; OR (f) ANY ERRORS IN OUR SERVICES, INCLUDING THE WEBSITE OR SOFTWARE WILL BE CORRECTED.

16. Limitation on Liability(a) IN NO EVENT WILL WE OR ANY OF OUR LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR THE PROVISION OF OUR SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (i) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR DIMINUTION IN VALUE; (ii) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF OUR SERVICES, IN WHOLE OR IN PART, INCLUDING, WITHOUT LIMITATION, THE WEBSITE; (iii) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF YOUR DATA, OR A BREACH OF DATA OR SYSTEM SECURITY; OR (iv) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, IN EACH CASE, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.(b) IN NO EVENT WILL OUR, AND OUR LICENSORS, SERVICE PROVIDERS AND SUPPLIERS, COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU TO US UNDER THESE TERMS DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR, IF YOU HAVE NOT PAID US IN CONNECTION WITH THE USE OF ANY SERVICES, THE AMOUNT OF $25.00. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.(c) Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these state laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you. In the event that the foregoing is determined or held to be inapplicable or unenforceable by any court, Arbitrator, arbitration panel or other tribunal, then the statute of limitations for the State of Florida, including Chapter 95, Florida Statutes, will apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.

17. IndemnificationYou agree to indemnify, defend and hold us and our officers, directors, managers, members, employees, contractors, representatives, and agents harmless from and against any and all losses, damages, settlements, costs, fees, penalties, causes of action, third party claims, expenses, and all other liabilities, including, but not limited to, attorney’s fees and legal costs, arising out of, related to, or in connection with: (i) your use or misuse of the Website or our Services, or your connection to the Website; (ii) any material or any other content or information that you submit, post or upload to or transmit through the Website or our Services; (iii) your violation or breach of any of these Terms; (iv) non-payment by you for any of our Services; or (v) your tortious misconduct, including, but not limited to, fraud, and any other tort or your violation of any law or the rights of any third-party. These obligations will survive any termination of your relationship with us or your use of the Website or our Services.

18. Equitable Remedies You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we will be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of these Terms. You agree that we may bring any action or proceeding with regard to such injunction restraining such breach or threatened breach in the courts of record of [COUNTY NAME] County, Florida. You consent to the exclusive jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. We may effect service of any court paper on you by mail or in such other manner as may be provided under applicable laws, regulations, rules of procedure or local rules.

19. Disputes: Arbitration Agreement, and Class Waiver
Please read this section carefully. Except as these Terms otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.
  • Agreement to Binding Arbitration
Before initiating arbitration, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including, but not limited to, information or representations related to our products or services and upon which you rely. You may seek to resolve any customer concerns through our support services at [EMAIL] or send the written description by U.S. Mail to [ADDRESS]. You agree to negotiate with us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 30 days after our receipt of your written dispute, you agree to the dispute resolution provisions below.By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against us, the Website or our Services on an individual basis in arbitration, as set forth in this Section. You and we agree that any disputes between us (including any disputes between you and a third-party agent of the Company) will be resolved through binding and final arbitration and not in a court. This includes, but is not limited to: (i) any dispute, claims, or controversy arising out of or relating to any part of these Terms, or the existence, breach, termination, enforcement, interpretation or validity thereof; or (ii) your access to or use of our Services, including the Website’s services or products at any time. Such dispute shall be submitted to the American Arbitration Association (“AAA”) for individual arbitration in [COUNTY NAME] County, Florida (or such other location as you and we mutually agree) and shall be before one arbitrator. The arbitration shall be administered by the AAA pursuant to its Consumer Arbitration Rules and Procedures, only as modified by this Arbitration Agreement.You and we agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.By agreeing to individual arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, an Arbitrator can award on an individual basis the same damages and relief as would be available in court, and must enforce the same limitations stated in these Terms as a court would.
  • No Class Action
You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you and we each agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an Arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
  • Rules and Governing Law
The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf. The rules of the arbitral forum will govern all aspects of the arbitration, except to the extent those rules conflict with these Terms.Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Florida, without regard to its conflict of laws provisions.
  • Arbitration Process
You can begin the arbitration by submitting a Demand for Arbitration, which is a statement containing basic information about the dispute: (a) the names, addresses and phone numbers of the parties involved (you and the Company, in most cases); (b) a description of the dispute; and (c) a short statement of the relief you are seeking. The AAA provides a Demand for Arbitration form on its website, or you may contact the AAA at 800-778-7879.Complete the Demand for Arbitration and make at least four (4) copies. Keep one copy for your records. Send one copy to us by certified mail at Notice of Dispute, Address: [ADDRESS].Send the final two copies of the Demand for Arbitration to the AAA. Please be sure to include: (1) a copy of this arbitration provision (you may obtain a copy from these Terms); and (2) the appropriate AAA filing fee. You may obtain the amount of the fee by consulting the AAA's rules. Those rules may be obtained by visiting the Consumer section on the AAA's website, or by calling the AAA at 800.778.7879.Unless you and we agree otherwise in writing, in the event that any provision of this Section is found not to apply to you or to a particular claim or dispute as a result of a decision by the Arbitrator or a court order, any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in [NAME OF COUNTY] County, Florida. You and we will submit to the personal jurisdiction of the courts located within [NAME OF COUNTY], Florida for the purpose of litigating all such claims or disputes.
  • Arbitrator’s Decision
The Arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The Arbitrator will not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.Regardless of the manner in which the arbitration is conducted, the Arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. Judgment on the award may be entered in any court having competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. The Arbitrator’s decision shall be final and binding on all parties.Judgment on any award rendered by the Arbitrator is final, binding and conclusive on you and us and your and our respective administrators, executors, legal representatives, successors and assigns.With the exception of disclosures to affiliates and legal counsel, all negotiations and arbitration proceedings related to a dispute (including a settlement, award, or the documents and briefs exchanged or produced during arbitration) are confidential and may not be disclosed by the parties except to the extent necessary for interim measures or conservatory relief, the enforcement of an arbitration award, or as required by law.
  • Fees
Payment of all filing, administration and Arbitrator fees will be governed by the AAA's applicable consumer rules. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the Arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the Arbitrator.MiscellaneousIf any provision of these Terms is contrary to, prohibited by or deemed invalid under applicable law, such provision will be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder of these Terms will not be invalidated thereby and will be given full force and effect so far as possible. If any provision of these Terms may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision will have the meaning that renders it valid and enforceable.For purposes of these Terms, the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”, and the word “or” is not exclusive. The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms, and will not limit or otherwise affect in any way the meaning or interpretation of these Terms.All covenants, agreements, representations and warranties made in these Terms, as may be amended by us, from time to time, will survive your acceptance of these Terms and the termination of these Terms.No failure to exercise, and no delay in exercising, any right or any power set forth in these Terms by us will operate as a waiver of such right or power, nor will any single or partial exercise of any right or power under these Terms by us preclude further exercise of that or any other right or power under these Terms.We may give, assign or transfer our rights or obligations under these Terms to any person or entity at any time with or without your consent. You may not give, assign or transfer your rights or obligations under these Terms to any person or entity without our prior written consent, which may be withheld in our sole discretion. Any attempt to assign your rights or obligations under these Terms without our consent will be void and of no force and effect.We will not be liable for any changes, delays, failures or problems out of our control, including, without limitation, any changes, delays, failures or problems caused by natural disasters, acts of god, war, terrorism, riots, embargoes, pandemics, epidemics, health crisis, government acts, utility outages, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, denial of service attacks, strikes, shortage of transportation facilities, fuel, energy, labor or materials, failure of communication lines, the Internet or other similar events.You and we are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms.These Terms (together, with any policies and documents they expressly incorporate by reference, including our Privacy Policy) represent the entire understanding and agreement between you and us regarding the subject matter of these Terms, and supersede all other previous agreements, understandings or representations regarding these Terms.21. Contact UsIf you have any questions, comments, or concerns regarding these Terms or our Services, please contact us via email at: [email protected].