Terms & Conditions
1. General Use Restrictions. All information, documents, products, software, and services (the “Materials”) provided on this Website were provided by or to EcoFlora by their respective manufacturers, authors, developers and vendors (the “Third Party Providers”) and are the copyrighted work of EcoFlora and/or the Third Party Providers. Except as stated herein, none of the Materials 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 EcoFlora 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 EcoFlora. You also may not, without EcoFlora’s prior express written permission, “mirror” any Material contained on this Website on any other server. Nothing on this Website shall be construed as conferring any license under any of EcoFlora’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. Permission is granted to display, copy, distribute and download EcoFlora’s Materials on this Website provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials, (2) the use of such Materials 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, and (3) no modifications of any of the Materials are made. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed Materials. Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
2. INDEMNIFICATION. You agree to indemnify, hold harmless and defend EcoFlora, at your expense, against any and all third party claims, actions, proceedings, and suits brought against EcoFlora or any of its subsidiaries, officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by EcoFlora or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of these Terms, (ii) your use of the Materials, or (iii) your unauthorized use of the Website. In such a case, EcoFlora will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. EcoFlora reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
3. WAIVER AND RELEASE. YOU AGREE THAT NEITHER ECOFLORA, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE WEBSITE OR THE MATERIALS. YOU SPECIFICALLY ACKNOWLEDGE THAT ECOFLORASHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY USING THE WEBSITE AND/OR THE MATERIALS AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ECOFLORA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ECOFLORA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEBSITE OR THE MATERIALS.
4.1 Disclaimer of Warranties. EcoFlora does not represent or warrant that (a) the Website or the Materials will be error-free or accessible at all times, (b) defects will be corrected, (c) the Website and Materials or the server that makes it available, are free of viruses or other harmful component, or (d) the use or the results of the use of the Website and Materials or made available as part of the Website and Materials will be correct, accurate, timely, or otherwise reliable. EcoFlora does not guarantee, and shall have no liability for, any Website or Materials down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of your equipment, systems or local access services, (iii) for previously scheduled maintenance, or (iv) relating to events beyond EcoFlora’ control such as, but not limited to, strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where EcoFlora or your servers are located or co-located. YOU USE THE WEBSITE AND MATERIALS ARE AT YOUR SOLE RISK. THE WEBSITE AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY ECOFLORA, OR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE WEBSITE AND MATERIALS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. ECOFLORA DOES NOT WARRANT THAT WEBSITE AND MATERIALS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF WEBSITE AND MATERIALS WILL BE UNINTERRUPTED. ALL INFORMATION DOWNLOADED AND/OR OBTAINED THROUGH THE USE OF WEBSITE AND MATERIALS IS ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVE ANY DAMAGE, TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THESE TERMS. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
5. LIMITATION OF LIABILITIES. YOU AGREE THAT NEITHER ECOFLORA NOR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE MATERIALS OR WEBSITE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF ECOFLOR AHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU. ECOFLORA’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE AGGREGATE FEES PAID TO ECOFLORA FOR USE OF THE MATERIALS AND WEBSITE.
6. Copyright or Intellectual Property Infringement Notification. EcoFlora respects the intellectual property rights of others. You can notify EcoFlora of possible copyright infringement, and EcoFlora will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following: (i) A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed; (ii) A description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) A description of where the material that you claim is infringing is located on the Website reasonably sufficient to permit EcoFlora to locate the material; (iv) Your contact information, including your address, telephone number, and email; (v) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (“DMCA”). Claims can be sent to [ info@EcoFlora.org] or to EcoFlora, Inc., 2302 E Amelia Ave Phoenix, AZ 85016.
7. Links to Third Party Sites. This Website links to other websites which are not under the control of and are not maintained by EcoFlora. EcoFlora is not responsible for the content of those sites. EcoFlora is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by EcoFlora of those sites.
8. Service Marks. “EcoFlora”, and “EcoFlora.org” are service marks of EcoFlora, Inc.
9. EcoFlora Stores Refund Policy. Online orders for our members’ products placed through the EcoFlora Stores are protected with the EcoFlora money back guarantee.
10. Miscellaneous. These Terms shall be governed by and construed in accordance with the laws of the State of Arizona. You agree that any legal action or proceeding between EcoFlora and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Maricopa County, Arizona, United States. Any cause of action or claim you may have with respect to EcoFlora must be commenced within one (1) year after the claim or cause of action arises. EcoFlora failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. No waiver of any term, provision or condition of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. These Terms constitutes the complete and exclusive statement of the agreement between the parties with respect to the Materials and Website and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Materials and Website. If any action in law or in equity is necessary to enforce the terms of these Terms, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled. The provisions of these Terms are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. No provisions of these Terms are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to these Terms; except that Sections 2, 3, 4 and 5 are intended to benefit EcoFlora and its officers, directors, employees, agents, licensors, suppliers, and Information Providers. EcoFlora may assign its rights and duties under these Terms to any party at any time without notice to you.