1. ACCEPTANCE OF TERMS
You ("You") accept these Terms by: (a) placing an order through EcoCarrier.net
(including via the EcoCarrier Store or EcoCarrier Bid services)", and/or (b)
using the EcoCarrier.net website ("Website") in any other manner. If You do not
agree to all of these terms, do not use this Website.
1.2 The Terms are entered into by and between EcoCarrier Inc. ("EcoCarrier")
and You. If you are using the Services on behalf of Your employer, You
represent that You are authorized to accept these Terms on Your employer's
behalf. EcoCarrier provides the EcoCarrier Store, My EcoCarrier[tm], My
EcoCarrier Centers, EcoCarrier Bid, and other on-line resources accessible via
EcoCarrier.net (the "Services") to You, subject to the Terms. Unless
explicitly stated otherwise, the Terms will govern Your use of any new features
that augment or enhance the current Services, including the release of new
EcoCarrier resources. In addition to the Terms and unless otherwise noted, the
EcoCarrier Standard Sales Terms govern purchases You make through
EcoCarrier.net, unless You have currently in effect a separate written purchase
or license agreement with EcoCarrier for that product, in which case that
separate agreement governs. If there is a conflict between: (a) these Terms,
and (b) either the EcoCarrier Standard Sales Terms or other applicable purchase
or license agreement, the latter prevail.
In consideration of Your use of the Services, You agree to be solely
responsible for: (a) providing true, accurate, current, and complete
information about You as prompted by the Service's registration form (the "Registration
Data"), and (b) maintaining and promptly updating the Registration Data
to keep it true, accurate, current and complete. You are solely responsible for
the security of your password. EcoCarrier is not liable for any unauthorized
use of the Website or Services. You acknowledge and agree that certain Services
may provide password-restricted access to customer information such as names
and certain terms of Your existing contracts to assist You in purchasing,
maintaining and supporting Your EcoCarrier products. By using this Website and
registering for such Services, You consent to EcoCarrier's display of such
information via the Services and accept all risks of unauthorized access to
such information. If You provide any information that is false, inaccurate, out
of date, or incomplete, or EcoCarrier has reasonable grounds to suspect that
such information is false, inaccurate, not current, or incomplete, EcoCarrier
may suspend or terminate Your account (as described in Section 10) and refuse
any and all current or future use of the Services (or any portion thereof).
EcoCarrier agrees to make reasonable efforts to implement Your requested
changes, additions, or deletions to Registration Data within one (1) business
day of receipt of such written information. You are responsible for all costs
and charges, including without limitation, phone charges and telecommunications
equipment, that You incur in order to use the Services.
CONFIDENTIALITY OF EcoCarrier INFORMATION
In order to gain access to the Services, You agree to these confidentiality
acknowledge that You may obtain direct access via the Website to certain
EcoCarrier confidential information, including EcoCarrier databases containing
confidential information of EcoCarrier and its suppliers, such as technical,
contractual, pricing, marketing, and other valuable information ("Information").
You must hold Information in strict confidence and may provide Information to
employees in your organization only on a need-to-know basis. You may use the
Information from the Website solely for the purpose of purchasing, maintaining
and supporting Your EcoCarrier products and equipment. Title to Information
remains with EcoCarrier and its suppliers. You agree, either as an individual
or on behalf of Your employer, to be bound by the provisions of this Section 3.
Furthermore, if You are acting on behalf of Your employer, Your employer agrees
to indemnify You for violations of this Section 3.
3.2 You do not acquire any rights in Information, except the limited right to
use Information as described above.
3.3 Any breach of the Terms will result in irreparable harm to EcoCarrier for
which damages would be an inadequate remedy and, therefore, in addition to its
rights and remedies otherwise available at law, EcoCarrier will be entitled to
equitable relief, including both a preliminary and permanent injunction, if
such a breach occurs. You waive any requirement for the posting of a bond or
other security if EcoCarrier seeks such an injunction.
3.4 Your obligations regarding Information expire five (5) years after the date
of disclosure. Upon termination of the Terms or EcoCarrier's written request,
You must cease use of Information and return or destroy all Information.
3.5 The Terms impose no obligation upon You with respect to Information that
You can establish by legally sufficient evidence: (a) You possessed, or knew,
prior to Your receipt from EcoCarrier, without an obligation to maintain its
confidentiality; (b) is or becomes generally known to the public through no act
or omission by You, or otherwise without violation of the Terms; (c) You
obtained from a third party who had the right to disclose it, without an
obligation to keep such information confidential; (d) You independently
developed without the use of Information and without the participation of
individuals who have had access to Information, or (e) in response to a valid
order by a court or other governmental body, as otherwise required by law, or
as necessary to establish the rights of either party under these Terms and as
disclosed after prior notice to EcoCarrier adequate to afford EcoCarrier the
opportunity to object to the disclosure.
4. YOUR CONDUCT
4.1 You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages, or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from whom such Content originated. This means that You, and not
EcoCarrier, are entirely responsible for all Content that You upload, post or
otherwise transmit via the Services. EcoCarrier does not control the Content
posted via the Services and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using the
Services, You may be exposed to Content that is offensive, indecent or
4.2 While it is not our intent to monitor Your online communications,
EcoCarrier reserves the right to edit or remove content that we become aware of
and determine to be harmful, offensive or otherwise in violation of these
Terms. EcoCarrier may also remove Content that contains third-party commercial
advertisements, is inaccurate or includes unauthorized disclosure or personal
information. Violation of these restrictions ("Restrictions") may also
result in the termination or suspension of your account. These Restrictions
apply to all content provided to or through the Services, including email
messages, newsgroup postings, chat, and personal or business web pages.
4.3 You agree not to post or store on EcoCarrier.net or any of its affiliated
sites any Content that violates or infringes anyone's intellectual property
rights (including copyrights, trademarks, trade secrets, patents, publicity
rights or (to the extent protectable) confidential ideas) or that is obscene,
obscene as to minors, child pornography, defamatory, racist, lewd, lascivious,
filthy, excessively violent, harassing, or otherwise objectionable ("Objectionable").
4.4 You agree not to use the Services in any way for spamming or to transmit
chain letters, junk email or bulk communications. You agree not to transmit
through the Services any Material that is Objectionable. You agree not to use
any EcoCarrier domain name as a pseudonymous return email address for any
communications that You transmit from another location or through another
service; and You may not pretend to be someone elseor spoof their identity when
using the Services. Furthermore, You agree not to transmit unsolicited or bulk
communications to any EcoCarrier account holder or to any EcoCarrier.net or
affiliated email address (regardless of whether You use the Services to
transmit any such communication).
4.5 You agree not to use the Services for any unlawful activities not otherwise
covered above, including (without limitation) attempting to compromise the
security of any networked account or site, operating an illegal lottery or
gambling operation, stalking, or making direct threats of physical harm.
Additionally, You agree not to use the Services to:
any person or entity, including, but not limited to, a EcoCarrier official, My
EcoCarrier Center leader, or falsely state or otherwise misrepresent Your
affiliation with a person or entity;
(b) forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Services or develop hidden pages
or images (those not linked to EcoCarrier.net from another accessible page);
(c) upload, post or otherwise transmit any Content that You do not have a right
to transmit to the public under any law or under contractual or fiduciary
relationships (such as inside information, proprietary or confidential
information learned or disclosed as part of employment relationships or under
(d) upload, post or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
(e) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Services are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
(f) intentionally or unintentionally violate any applicable local, state,
national or international law, or any regulations having the force of law;
(g) collect or store personal data about other users;
(h) use Your My EcoCarrier account as storage for remote loading or as a door
or signpost to another home page, whether inside or beyond EcoCarrier.net.
SUBMITTED TO EcoCarrier
5.1 EcoCarrier does not claim ownership of the Content You place on Your My
EcoCarrier Center or any other part of EcoCarrier.net. By submitting Content to
EcoCarrier for inclusion on a My EcoCarrier Center or for elsewhere on
EcoCarrier.net, You grant EcoCarrier and all other users of EcoCarrier.net a
worldwide, royalty-free, and nonexclusive license to reproduce, modify,
distribute, transmit, display, perform, adapt, and publish the Content
(including in digital form).
5.2 You acknowledge that EcoCarrier does not pre-screen Content, but that
EcoCarrier and its designees have the right (but not the obligation) in their
sole discretion to block or restrict access to or the availability of, or to
disable, any Content that is available via the Services. Without limiting the
foregoing, EcoCarrier and its designees may disable, restrict access to or the
availability of, any Content that violates the Terms or is otherwise
objectionable. You must evaluate, and bear all risks associated with, the use
of any Content, including any reliance on the accuracy, completeness, or
usefulness of such Content.
5.3 Unless otherwise explicitly stated, herein, or in EcoCarrier.net's Privacy
Policy, any Content provided by You in connection with this Website shall be
deemed to be provided on a nonproprietary and nonconfidential basis. EcoCarrier
shall have no obligation of any kind with respect to such Content and shall be
free to use or disseminate such Content on an unrestricted basis for any
purpose. You acknowledge that You are responsible for the Content that You
submit, and You, not EcoCarrier, have full responsibility for the Content,
including their legality, reliability, appropriateness, originality and
6. PURCHASES ON
THE EcoCarrier BID DYNAMIC PRICING SITE
6.1 The EcoCarrier Bid service allows users to bid on EcoCarrier products and
services, taking advantage of our dynamic pricing model. By purchasing through
our EcoCarrier Bid service, You can be sure that you are getting genuine
EcoCarrier products and services. EcoCarrier sells only EcoCarrier products and
services through the EcoCarrier Bid service and does not sell the goods or
services of any third party.
6.2 Bid carefully! If You are the highest bidder at the conclusion of the round
of dynamic pricing for a particular item, You are obligated to purchase the
item from EcoCarrier.
6.3 By bidding on any item through EcoCarrier Bid service, You agree to be
bound by the EcoCarrier Standard Sales Terms for any purchases You make. Bids
are not retractable."
7. DELIVERY OF
EcoCarrier will attempt to deliver all of the email that is addressed to your
email address on EcoCarrier's Services. However, sometimes someone who may or
may not be a subscriber to EcoCarrier's Services may attempt to relay large
numbers of email messages, in bulk, off of or through one of our servers.
EcoCarrier reserves the right to discard that bulk relay email because it is an
unauthorized use of our equipment. Any email addressed to you in care of
EcoCarrier's Services that is included in that bulk relay email may not be
delivered to you.
8. SPAM EMAIL
You agree that EcoCarrier would be irreparably harmed by the use, by You or
others, of EcoCarrier's Services or facilities in connection with the
transmission of spam newsgroup postings or unsolicited email in violation of
these Terms, and that EcoCarrier is entitled to obtain injunctive relief
against any such transmission (in addition to all other remedies available at
law or in equity). EcoCarrier reserves the right to block, filter or delete
You agree to indemnify and hold EcoCarrier, and its subsidiaries, affiliates,
officers, agents, co-branders, alliance members, or other partners, and
employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Your Content, Your use
of the Services, including any use by Your employees (including as described in
Section 3.1), Your connection to the Services, Your violation of the Terms, or
Your violation of any rights of another.
MODIFICATION AND TERMINATION OF SERVICES
EcoCarrier may send notices to You via either email or regular mail. The
Services may also provide notices of changes to the Terms or other matters by
displaying notices or links to notices to You generally on the Services.
EcoCarrier reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Services (or any part thereof)
with or without notice. EcoCarrier may make changes to the EcoCarrier Store,
including regarding products, services, programs, and prices, at any time
without notice. EcoCarrier, in its sole discretion, may terminate Your
password, My EcoCarrier account, My EcoCarrier Center, use of the Services or
use of any other EcoCarrier service, and remove and discard any Content within
the Services, for any reason, including, without limitation, for lack of use or
if EcoCarrier believes that You have violated or acted inconsistently with the
letter or spirit of the Terms. Any termination of Your access to the Services
under any provision of the Terms may be effected without prior notice, and
EcoCarrier may immediately de-activate or delete Your My EcoCarrier account or
My EcoCarrier Center and all related information and files in Your My
EcoCarrier account or My EcoCarrier Center and/or bar any further access to
such files or the Services. Further, EcoCarrier will not be liable to You or
any third-party for any termination, modification, or suspension of the
ADVERTISEMENTS AND PROMOTIONS
EcoCarrier runs advertisements and promotions from third parties on the
Services, EcoCarrier.net and EcoCarrier's other Internet properties. The
manner, mode and extent of advertising by EcoCarrier on Your My EcoCarrier
account or My EcoCarrier Center is subject to change. Your correspondence or
business dealings with, or participation in promotions of, advertisers other
than EcoCarrier found on or through the Services, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
You and such advertiser. EcoCarrier is not responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such non-EcoCarrier advertisers on the Services.
12.1 The Services may provide, or third parties may provide, links to other
Internet sites or resources. Because EcoCarrier has no control over such sites
and resources, You acknowledge and agree that EcoCarrier is not responsible for
the availability of such external sites or resources, and does not endorse and
is not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. EcoCarrier will not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site or resource.
12.2 This Website may be linked to other websites which are not under the
control of and are not maintained by EcoCarrier. EcoCarrier is not responsible
for the content of those sites. EcoCarrier is providing these links to You only
as a convenience, and the inclusion of any link to such sites does not imply
endorsement by EcoCarrier of those sites.
12.3 Reuters content on EcoCarrier.net is the intellectual property of Reuters
Limited. Any copying, republication or redistribution of Reuters content,
including by caching, framing, or similar means, is expressly prohibited
without the prior written consent of Reuters. Data is provided for information
purposes only, and is not intended for trading purposes. Reuters shall not be
liable for any errors or delays in content, or for any actions taken in
reliance thereon. Reuters, the Reuters Dotted Logo and the Sphere Logo are
registered trademarks of the Reuters group of companies around the world.
13.1 The Services and any software used in connection with the Services ("Software")
contain proprietary and confidential information that is protected by
applicable intellectual property and other laws. Content contained in
third-party advertisements or information presented to You through the Services
or advertisers is protected by copyrights, trademarks, service marks, patents,
publicity rights, or other proprietary rights and laws. Except as expressly
authorized by EcoCarrier or advertisers, You agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the Services or the
Software, in whole or in part.
13.2 You may use the Software and related Services only subject to the
agreement or license that accompanies such Software or Services. You may use
Services only during their specified term, for the enumerated number of times,
for the specified number of individuals, or as otherwise limited in the
applicable agreement or license. Services involving an update, version release,
product release, maintenance release, patch or derivative work of a licensed
Software or Service may be used only: (a) on systems for which such Software or
Service were specifically licensed; and (b) subject to the license and warranty
term governing the original product or Service. Services provided as an element
of EcoCarrier's support, consulting or educational services, also are governed
by the terms of the applicable support, consulting or educational services
13.3 You must not modify, decompile, or reverse engineer any Software
EcoCarrier discloses to You, and must not remove, overprint, or deface any
notice of copyright, trademark, logo, legend, or other notice of ownership from
any originals or copies of Software or Information from the Services.
13.4 "EcoCarrier Trademarks" means all names, marks, brands, logos, designs,
trade dress and other designations EcoCarrier uses in connection with Products
or Services. Customer may refer to Products and Services by the associated
EcoCarrier Trademarks, provided that such reference is truthful and not
misleading and complies with the then current EcoCarrier Trademark and Logo
Policies. Customer may not remove or alter any EcoCarrier Trademarks, nor may
it co-logo Products or material associated with Customer's services. Customer
acknowledges EcoCarrier's rights in EcoCarrier Trademarks and agrees that any
and all use of EcoCarrier Trademarks by Customer shall inure to the sole
benefit of EcoCarrier. Customer agrees not to incorporate any EcoCarrier
Trademarks into Customer's trademarks, service marks, company names, Internet
addresses, domain names, or any other similar designations.
13.5 EcoCarrier is committed to respecting others' intellectual property
rights, and we ask our users to do the same. EcoCarrier may, in its sole
discretion, terminate the accounts or access rights of users who infringe or
otherwise violate others' intellectual property rights. If You believe that
Your work has been copied in a way that constitutes copyright infringement on
our Website, please contact our copyright agent as described in our copyright
13.6 All Content provided on this Website is provided by or to EcoCarrier by
its respective manufacturers, authors, developers and vendors (the "Third Party
Providers") and is the copyrighted work of EcoCarrier and/or the Third
Party Providers. Except as stated herein, none of the Content may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise, without the
prior express written permission of EcoCarrier or the Third Party Provider. No
part of the Website, including logos, graphics, sounds or images, may be
reproduced or retransmitted in any way, or by any means, without the prior
express written permission of EcoCarrier. You also may not, without
EcoCarrier's prior express written permission, "mirror" any Content contained
on this Website on any other server.
13.7 Nothing on this Website shall be construed as conferring any license under
any of EcoCarrier's or any Third Party Provider's intellectual property rights,
whether by estoppel, implication, or otherwise. You acknowledge sole
responsibility for obtaining any such licenses.
13.8 Permission is granted to display, copy, distribute and download
EcoCarrier's Content on this Website provided that: (1) both the copyright
notice identified below and this permission notice appear in the Content, (2)
the use of such Content is solely for personal, non-commercial and
informational use and will not be copied or posted on any networked computer or
broadcast in any media, except as explicitly permitted by valid license
covering such materials, and (3) no modifications of any of the Content are
made. This permission terminates automatically without notice if You breach any
of these terms or conditions. Upon termination, You must immediately destroy
any downloaded and printed Content.
13.9 Any unauthorized use of any Content contained on this Website may violate
copyright laws, trademark laws, the laws of privacy and publicity, and
communications regulations and statutes.
13.10 Content provided by Third Party Providers has not been independently
authenticated in whole or in part by EcoCarrier. EcoCarrier does not provide,
sell, license, or lease any of the Content other than those specifically
identified as being provided by EcoCarrier.
14.1 YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND
INFORMATION (AS DEFINED IN SECTIONS 1.2 AND 3.1) ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. UNLESS OTHERWISE EXPLICITLY STATED, THE CONTENT ON
EcoCarrier'S WEBSITES IS PROVIDED "AS IS", "WITH ALL FAULTS," IS EXPERIMENTAL,
AND IS FOR COMMERCIAL USE ONLY. EcoCarrier DISCLAIMS ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED
WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. EcoCarrier MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR
GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF
ANY OF THE CONTENT CONTAINED ON EcoCarrier'S WEB SITES. EcoCarrier MAY MAKE
AVAILABLE ON EcoCarrier'S WEB SITES CONTENT AVAILABLE FOR DOWNLOADING WHICH HAS
BEEN SUBMITTED BY THIRD-PARTY USERS OF EcoCarrier'S WEB SITES. ANY QUESTIONS
REGARDING THE CONTENT SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH CONTENT. IN
NO EVENT WILL EcoCarrier OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR
COMPLETENESS OF THE CONTENT OR INFORMATION FROM EcoCarrier'S WEB SITES.
14.2 EcoCarrier MAKES NO WARRANTY OR CONDITION THAT: (i) THE SERVICES WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
14.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER
14.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
EcoCarrier OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY OR
CONDITION NOT EXPRESSLY STATED IN THE TERMS. EcoCarrier'S EMPLOYEES ARE NOT
AUTHORIZED TO VARY THESE TERMS.
15.1 TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, EcoCarrier IS NOT LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER
ECONOMIC ADVANTAGE (EVEN IF EcoCarrier HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY,
WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO
USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES AND EcoCarrier.net; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING CONTENT YOU MAY
DOWNLOAD, USE, MODIFY OR DISTRIBUTE FROM EcoCarrier'S WEB SITES.
15.2 YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA
AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM
AGAINST EcoCarrier FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS
OR LOST PROFITS RESULTING FROM THE USE OF THE CONTENT.
15.3 YOU AGREE TO HOLD EcoCarrier HARMLESS FROM, AND YOU COVENANT NOT TO SUE
EcoCarrier FOR, ANY CLAIMS BASED ON USING THE WEBSITE, WHETHER IN CONTRACT
(INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. Some
jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to
found at http://www.EcoCarrier.net/privacy. By using the Website, You are
consenting to the processing of Your data by EcoCarrier and consenting to the
the revised policy prominently on our Website or otherwise bring it to Your
attention, so that You are always aware of what we do with Your information.
17.1 The Terms constitute the entire agreement between You and EcoCarrier and
govern Your use of the Services, superseding any prior agreements between You
and EcoCarrier (including, but not limited to, any prior versions of the
Terms). You also may be subject to additional terms and conditions that may
apply when You use other EcoCarrier services, third-party content or
third-party software. You must not assign or otherwise transfer the Terms nor
any right granted hereunder. Sections 3, 4, 8, 12, 13, 14 and 16 survive
termination of the Terms.
17.2 California law and controlling U.S. federal law govern any action related
to the Terms. No choice of law rules of any jurisdiction apply. The parties
specifically disclaim the U.N. Convention on Contracts for the International
Sale of Goods. You and EcoCarrier agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Santa Clara,
17.3 EcoCarrier controls and operates this Website from its headquarters in
various locations in the United States of America and makes no representation
that this Content is appropriate or available for use in other locations. If
You use this Website from other locations, You are responsible for compliance
with applicable local laws including but not limited to the export and import
regulations of other countries.
17.4 You acknowledge and agree that Content is subject to the U.S. Export
Administration Laws and Regulations. Diversion of such Content contrary to U.S.
law is prohibited. You agree that none of the Content, nor any direct product
therefrom, is being or will be acquired for, shipped, transferred, or
re-exported, directly or indirectly, to proscribed or embargoed countries or
their nationals, nor be used for nuclear activities, chemical biological
weapons, or missile projects unless authorized by the U.S. Government.
Proscribed countries are set forth in the U.S. Export Administration
Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya,
North Korea, Syria, Serbia, and the Sudan. This list is subject to change
without further notice from EcoCarrier, and You must comply with the list as it
exists in fact. You certify that You are not on the U.S. Department of
Commerce's Denied Persons List or affiliated lists or on the U.S. Department of
Treasury's Specially Designated Nationals List. You agree to comply strictly
with all U.S. export laws and assume sole responsibility for obtaining licenses
to export or re-export as may be required.
17.5 This Website could include inaccuracies or typographical errors.
EcoCarrier and the Third Party Providers may make improvements and/or changes
in the products, services, programs, and prices described in this Website at
any time without notice. Changes are periodically made to the Website.
EcoCarrier may amend these Terms at any time by posting the amended terms on
this site. If you are a registered user of EcoCarrier.net, EcoCarrier will
notify you of changes to these Terms when you log-in after such changes have
been made, thus giving You an opportunity to review the Terms.
17.6 The failure of EcoCarrier to exercise or enforce any right or provision of
the Terms does not constitute a waiver of such right or provision. If a court
of competent jurisdiction finds any provision of the Terms to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the Terms remain in full force and effect. Regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use of
the Services or the Terms must be filed within one (1) year after such claim or
cause of action arose or be forever barred. The section titles in the Terms are
for convenience only and have no legal or contractual effect.
17.7 These Terms represent the entire understanding relating to the use of the
Website and prevail over any prior or contemporaneous, conflicting, or
EcoCarrier, the EcoCarrier logo, formative trademarks and logos, and other
trademarks appearing on this website, are trademarks or registered trademarks
of EcoCarrier Inc. in Canada, the United States and other countries.