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 Terms

You 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 Conditions

You 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 Prices

Prices 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 Information

Certain 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 Information

We 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 Services

Certain 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 Features

You 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) Privacy

Any 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 Communication

By 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 Omissions

Occasionally 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 Uses

In addition to other prohibitions set forth in these Terms, you shall not use the Website or our Services:

for 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 Content”).
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.

13) Your Content

In 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.

14) International Users

The 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 Warranties

You 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) Indemnification

You 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.