Website Access Terms and Conditions

The services at this website, http://www.ecoplanit.com ("Ecoplanit") are provided to you ("You"/"Your") by Ecoplanit LLC, a company registered in the United States and Virginia.

These terms and conditions (the "Terms") are the terms on which Ecoplanit is made available to You, whether or not You are a registered user. By accessing Ecoplanit, You agree to be bound by these Terms. If You do not accept these Terms, please stop using Ecoplanit immediately. If You have any questions, complaints or comments on this Website please contact Us at http://www.ecoplanit.com/contact.

  • 1. ECOPLANIT.COM SERVICES
  • 1.1 Ecoplanit provides information about green building products and services for people interested in living a greener life. Users are able to:
    • 1.1.1 Get Product Information – by searching by any keyword and/or location, or browsing by category;
    • 1.1.2 Give Reviews – by submitting reviews for existing products and/or services, or submitting a new listing to be added to Our database.
  • 1.2 The Services at Ecoplanit can also be accessed by mobile phone. This service is provided free of charge, but please be aware that operator [data ] charges may apply.
  • 2. YOUR USE OF ECOPLANIT
  • 2.1 You agree that in using Ecoplanit You will not:
    • 2.1.1 use Ecoplanit in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
    • 2.1.2 use Ecoplanit for any purpose other than to receive, post or review information;
    • 2.1.3 email, post, transmit or otherwise disseminate any content which:
      • 2.1.3.1 is defamatory, obscene, vulgar or indecent or may have the effect of being harassing, or threatening, abusive or hateful, or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
      • 2.1.3.2 includes personal data regarding another Ecoplanit user, including without limitation, their e-mail, address, or other contact details that would enable another Ecoplanit user or third person to contact them without using Ecoplanit or without their express consent;
      • 2.1.3.3 infringes the copyright or any other right of a third party; or
      • 2.1.3.4 promotes or contains information which You know or believe to be inaccurate or misleading;
    • 2.1.4 use Ecoplanit to impersonate any person or entity (including but not limited to Our employees or representatives) nor falsely state or otherwise misrepresent Your affiliation with a person or entity;
    • 2.1.5 transfer files that contain viruses, trojans or other harmful programs;
    • 2.1.6 access or attempt to access the accounts of other users or to penetrate or attempt to penetrate Ecoplanit's security measures.
  • 2.2 We do not actively monitor Ecoplanit nor exercise active editorial control over user content or the content of any third party sites or other material created or accessible over or through Ecoplanit, but We operate instead on a "notice and takedown" basis. If You feel that any other user of Ecoplanit has breached any of the restrictions above, or if you have any other complaints or objections to material or content on Ecoplanit, please contact us immediately at http://www.ecoplanit.com/contact and We will expeditiously take such action as We deem necessary, including, where necessary, using all reasonable endeavours to remove illegal content within a reasonable time.
  • 2.3 If We have reasonable grounds to believe You have breached any of the above restrictions, We reserve the right to:
    • 2.3.1 suspend, restrict or terminate Your access to this Website at any time without notice at Our discretion;
    • 2.3.2 remove any content from Ecoplanit; and
    • 2.3.3 take any other action that We deem necessary including, in the case of illegal activities, commencing legal proceedings.
    We also reserve the right to monitor and remove content which in Our reasonable discretion breaches the above restrictions.
  • 2.4 You acknowledge that submitting a Listing or Review does not guarantee that the Listing or Review, or any part of it will appear on Ecoplanit. After submitting a Listing or Review, You will not be able to edit or delete it, but if You become aware of any inaccuracy in material submitted by You or by anyone else, please contact Us at http://www.ecoplanit.com/contact.
  • 3. YOUR LEGAL OBLIGATIONS/ YOUR PROMISES TO US
  • 3.1 You confirm that:
    • 3.1.1 [You are over 18 [, or if You are under 18 that You have permission from a parent or guardian to use this Website]];
    • 3.1.2 all information and details provided by You to Us (including on registration) are true, accurate and up to date in all respects and at all times (note that You can update or correct Your personal details at any time by amending Your Account details) ;
    • 3.1.3 You will comply with the restrictions on Your use of Ecoplanit as set out in paragraph 2 and as set out elsewhere in these Terms; and
    • 3.1.4 in relation to any Listings, Reviews or other material submitted to or posted on Ecoplanit You have the right to do so and have obtained all necessary licences and or approvals.
  • 3.2 You agree to compensate Us from any claim or damages (including any legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising from Your use of Ecoplanit including any breach or suspected breach of these Terms or Your violation of any law or the rights of a third party.
  • 4. REGISTRATION, PASSWORDS AND SECURITY
  • 4.1 In order to submit Listing and share Reviews with like-minded people, You will need to become a registered user of Ecoplanit. Upon registering, You will be asked to provide certain details for Your user profile, some of which are optional, as well as selecting a valid e-mail address which will become Your User Name and a Password. Any personal information provided by You will be treated in accordance with Our Privacy Policy. We will then send You a validation request by e-mail. Once You have verified the e-mail address, You will be able to log in to Ecoplanit and benefit from the full range of services.
  • 4.2 You are responsible for maintaining the confidentiality of Your Password and User Name and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using Ecoplanit and will not be liable where Your Password or User Name is used by someone else. You agree to notify Us immediately by email to [email protected] of any unauthorised use of Your Password or User Name of which You become aware.
  • 4.3 You can cancel Your registration with Us at any time by [email protected].
  • 5. OUR COPYRIGHT AND YOUR GRANT OF A COPYRIGHT LICENCE
  • 5.1 Your use of Ecoplanit and its contents grants no rights to You in relation to Our intellectual property rights including, without limitation, trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in Ecoplanit and its contents.
  • 6. LINKS TO AND FROM OTHER WEBSITES
  • 6.1 You may establish links to Ecoplanit provided:
    • 6.1.1 You link only to the home page of the Ecoplanit website;
    • 6.1.2 You do not remove or obscure advertisements, copyright notices or other notices on Ecoplanit;
    • 6.1.3 You immediately stop providing links to Ecoplanit if notified by Us.
  • 6.2 We provide links to other websites (via advertising or otherwise). These links are provided for Your ease of reference and convenience only. We do not control such third party websites and are not responsible for their contents. Our inclusion of links does not imply any endorsement of the material contained in such websites or any association with their operators. You acknowledge that We will not be party to any transaction or contract with a third party that You may enter into and We shall not be liable to You in respect of any loss or damage which You may suffer by using those websites. You agree that You will not involve Us in any dispute between You and the third party.
  • 7. OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY
  • 7.1 We have no responsibility or control over the contents of communications made by or between Ecoplanit users and cannot be held liable for any contents of or consequences of such communications or content. Please be aware that any information provided by another Ecoplanit user may be incorrect or misleading and it is Your responsibility to take precautions and use common sense when using Ecoplanit and providing any information to another Ecoplanit user. You may find other Ecoplanit users' use of Ecoplanit offensive, harmful or deceptive. If You have any complaints regarding another Ecoplanit user then You should contact Us at http://www.ecoplanit.com/contact. Please note that We are under no obligation to take any action against a Ecoplanit user unless required by law.
  • 7.2 Nothing in these Terms and Conditions shall exclude or limit Our liability for fraudulent misrepresentation or for death or personal injury resulting from Our negligence or the negligence of Our employees or agents.
  • 7.3 To the maximum extent permitted by law, We shall not be liable, in any way for any loss arising from or in connection with
    • 7.3.1 loss of revenues, profits, contracts or business or failure to realise anticipated savings, or
    • 7.3.2 any loss of goodwill or reputation, or
    • 7.3.3 any indirect or consequential losses suffered or incurred by You arising out of or in connection with Ecoplanit, including these Terms.
  • 7.4 We do not accept any liability for damage to Your computer system or loss of data that results from Your use of Ecoplanit and We cannot guarantee that any files that You download are free from viruses, contamination or destructive features.
  • 7.5 Whilst We use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to Our attention, We do not warrant that the information on Ecoplanit itself will be free from errors or omissions.
  • 7.6 We do not warrant that Ecoplanit will be available uninterrupted and in a fully operating condition.
  • 7.7 Access to Ecoplanit may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond Our control.
  • 7.8 All content and services on Ecoplanit are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty (whether express or implied) in respect of Ecoplanit or its content, including, without limitation, any advice given (on a personal or general basis) and statements made by advertisers on or via Ecoplanit.
  • 7.9 Any decisions or action taken by You on the basis of information provided on or via Ecoplanit are at Your sole discretion and risk and You should obtain individual professional advice where necessary. Any dealings between You and any third party accessed on or via Ecoplanit including payment for and delivery of products, services and any other terms and conditions associated with such dealings are solely between You and the relevant third party. Where a Listing or Review includes information on opening times, accessibility or availability, please check with the relevant venue or organization before setting out or incurring any expense. Nothing in this clause 7 shall restrict Your statutory rights (including Your rights to receive a reasonable standard of service).
  • 7.10 Tips included on Ecoplanit represent the views, opinions, advice and recommendations of users of Ecoplanit and are not endorsed by Us. To the maximum extent permitted by law, We will not be responsible for the accuracy, defamatory nature, completeness or otherwise of such views opinions and advice.
  • 8. SECURITY AND PRIVACY
  • 8.1 You must read Our Privacy Policy which contains important information about the use of Your personal data other information regarding Your privacy and Our security processes and policies.
  • 8.2 We will co-operate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of or locate anyone breaching clause 2.1 or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which We may be required by law to disclose information about You or Your use of Ecoplanit.
  • 9. CHANGES TO THESE TERMS AND CONDITIONS
  • We are constantly looking for new ways to improve Ecoplanit and the Services made available through it. We therefore reserve the right to amend these Terms at any time. All such changes will take effect once they have been posted on Ecoplanit and You will be deemed to have accepted any such changes by Your use of Ecoplanit from such time.
  • 10. SEVERANCE
  • If any provision of these Terms is found by a court or a regulator to be invalid or unenforceable the other provisions shall continue to apply.
  • 11. GENERAL
  • 11.1 These Terms and any document referred to in them constitute the entire agreement and understanding of the parties relating to the subject matter of these Terms and supersede any previous agreement or understanding between the parties in relation to such subject matter.
  • 11.2 Nothing in these Terms shall create or be deemed to create a partnership, joint venture or principal-agent relationship between You and Us and neither party shall have authority to bind the other in any way.
  • 11.3 No failure or delay by Us in enforcing these Terms shall be interpreted as a waiver of Our rights under these Terms or of any other rights available to Us.
  • 11.4 A person who is not a party to these Terms has no right to rely upon or enforce any term of these Terms.
  • 12. GOVERNING LAW AND JURISDICTION
  • In the event of any dispute between You and Us concerning these Terms, United States law will apply. If You wish to take court proceedings against Us You must do so within the courts of the United States.

These Terms were last updated on May 29, 2008
Ecoplanit LLC. All Rights Reserved