Terms and Conditions
Definitions
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. For the purposes of these Terms and Conditions:
- Country refers to: United States
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to EcoGeek
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website and its other forms of communication including text messages, email, and push notifications
- Terms and Conditions (also referred as “Terms”, or “TOS”, “Terms of Service”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Social Media Service means any services or content (including data, information, products or services) provided by a company that may be displayed, included or made available by the Service.
- Website refers to EcoGeek, accessible from goecogeek.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and EcoGeek (also referred “the Company”). These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Description
You agree that the Service may include certain communications from EcoGeek to You via email, such as service announcements and administrative messages, and that these communications are considered part of the membership of EcoGeek. Unless explicitly stated otherwise, any new features that amplify or enhance the current Service, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS”. You are responsible for obtaining access to the Service and that access may involve other fees (such as Internet service provider or airtime charges). You are responsible for those fees. You must provide and are responsible for all equipment necessary to access the Service.
Privacy Policy
In order to set up your account, you must provide EcoGeek certain information. EcoGeek will never release Your information to anyone for any reason without prior approval by You, unless required to do so by law. As part of its service, EcoGeek collects the user information of prospective members that access information via text message (SMS) or other forms of communication including email. The phone numbers collected will never be shared.
User Account Security
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EcoGeek of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that you exit from Your account at the end of each session. EcoGeek is not liable for any loss or damage arising from Your failure to comply with this.
User Conduct
You acknowledge, consent and agree that EcoGeek may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to your requests for customer service; (e) protect the rights, property, or personal safety of EcoGeek , its users and the public; or (f) subject to a legally issued subpoena or court order. You understand that the technical processing and transmission of the Service may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected and use of these materials is subject to usage rules set by EcoGeek. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Indemnity
You agree to defend, indemnify and hold EcoGeek, and its, officers, agents and employees, harmless from any claim, complaint, demand or lawsuit, including reasonable attorneys’ fees, made by any party due to or arising in any way out of Your subscription with EcoGeek or Your use of EcoGeek services.
Modifications of Service
EcoGeek reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Terminations
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.
Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by EcoGeek, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Disclaimer Of Warranties
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its representatives and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Limitation Of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, software and/or hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
Governing Law
EcoGeek shall be governed by the laws of the State of Oregon, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Notice
EcoGeek may provide You with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
Trademark Information
EcoGeek logo any trademarks and service marks and other EcoGeek logos and product and service names are trademarks of EcoGeek (“EcoGeek Marks”). EcoGeek does not grant, you permission to use EcoGeek marks on advertising brochures, sign riders and other marketing campaigns.
General Information
Entire Agreement. The TOS constitutes the entire agreement between You and EcoGeek and governs your use of the Service, superseding any prior agreements between You and EcoGeek with respect to the Service. Choice of Law and Forum. The TOS and the relationship between you and EcoGeek shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You and EcoGeek agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Oregon. Waiver and Severability of Terms. The failure of EcoGeek to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction 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 TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your EcoGeek account is non-transferable and any rights to Your EcoGeek or contents within Your account terminate upon Your death. Upon receipt of a copy of a death certificate, Your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect. you have any questions about these Terms and Conditions, You can contact us: here