Eco-Rico Entertainment, LLC (“Company” or “we,” “our,” or “us”) owns or controls, and provides access to, eco-rico.com and related websites (however accessed and/or used, whether via personal computers, mobile devices or otherwise) or other interactive features that are accessible or downloadable through eco-rico.com and that link to these TERMS (collectively, “Web Site”). By accessing this Web Site or using any services provided in connection with the Web Site, you agree to be bound by the Terms. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
The Company offers health, success and lifestyle information through an online community. Through this community, the Company offers its users access to information, tips, videos, coaching, telecourses, online courses, seminars, User Forums (as hereafter defined), e-zines, blogs and shopping services regarding various health, success and lifestyle topics (collectively, the “SERVICES”). These Terms apply to all the Services provided by the Company and all materials provided in conjunction therewith.
TABLE OF CONTENTS
I. ACCEPTANCE OF TERMS
II. OWNERSHIP AND LICENSE OF CONTENTS
III. CHANGES TO SITE AND THE TERMS
IV. USER REGISTRATION
V. USER FORUMS
VI. RESTRICTIONS ON USE
VII. SUBMISSIONS POLICY
VIII. DISCLAIMERS AND LIMITATIONS ON LIABILITY
IX. NO PERSONAL ADVICE
XI. THIRD PARTIES/NO ENDORSEMENT POLICY
XII. LINKING TO THE WEB SITE
XV. ADDITIONAL TERMS
XVI. CONTACT US
XVII. EFFECTIVE DATE
ACCEPTANCE OF TERMS
THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE BY THE COMPANY, AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON THE COMPANY’S POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE SITE. You agree to comply with all rules, laws and regulations that are applicable to your use of the Web Site, including, without limitation, those governing your transmission or use of software or data.
It is important for you to refer to these Terms from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these Terms. Your use of the Web Site constitutes your acceptance of these Terms.
OWNERSHIP AND LICENSE OF CONTENTS
The Web Site is owned and operated by Eco-Rico Entertainment, LLC. (“Company,” “us” or “we”).
This Web Site and all of its past, current and future content, such as articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips, advertising copy and branded programming as well as the trademarks (including, without limitation, the mark EcoRico, Raise Your Eco- tegrity, Marry Your Passion With Your Purpose and EcoSexify Your Life), logos, domain names, trade names, service marks, trade identities, and any and all copyrightable material (including source and object code) and any other form of intellectual property, including the “look and feel” of the Web Site (collectively, the “Content”) are owned by or licensed to Company or other authorized third parties and is protected by applicable proprietary rights, including, but not limited to, intellectual property rights. Except as expressly set forth in these Terms, no rights (either by implication, estoppel or otherwise) are granted to you. You may only use the Content as expressly set forth in these Terms. UNAUTHORIZED USE, including but not limited to, COPYING, REPRODUCTION, MODIFICATION, SALES, LEASING, RENTING, REARRANGEMENT, REPUBLISHING, UPLOADING, DOWNLOADING, EXCHANGING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, CREATING DERIVATIVE WORKS, OR ANY OTHER MISUSE EITHER DIRECTLY OR INDIRECTLY OF ANY OF THE CONTENT IS STRICTLY PROHIBITED.
CHANGES TO SITE AND THE TERMS
Company may add, change, discontinue, remove or suspend any portion of the Web Site at any time, without notice. We reserve the right, in our sole discretion, to modify, alter, or otherwise change these Terms and will post any new or revised terms on the Web Site.
be liable for any loss you may incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
To ensure Company provides a high quality experience for you and for other users of the Web Site, you agree Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Web Site. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Web Site immediately, with or without notice to you, and without liability to you, if Company believes you have violated any of the Terms, furnished Company with false or misleading information, or interfered with use of the Web Site by others.
Forums, message boards, chat rooms, online diaries, or other interactive areas on the Web Site (“User Forums”), if any, are provided to give users a forum to express their opinions and share their ideas and information. Company and Affiliates (defined below) do not endorse the content posted in User Forums. Company does not and cannot review every message posted by users in User Forums. Company reserves the right, but is not obligated, to delete, move or edit content, in whole or in part, submitted by you to a User Forum for any reason in Company’s sole discretion.
Please note that, generally, information you submit in a User Forum will be accessible by other users of the Web Site. Please be sure that any information you post on any publicly accessible User is information that you are comfortable sharing with others.
RESTRICTIONS ON USE
As used in the Terms, “Affiliates” means Company’s subsidiaries, licensors, divisions, affiliates, directors, officers, partners, agents and assigns.
You agree not to do any of the following while using the Web Site:
- Harass, stalk or otherwise abuse another user;
- Transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortuous, defamatory, libelous, disparaging (including disparaging of Company or the Affiliates), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by Company in its sole discretion);
- Transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
- Upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Web Site or interferes with or disrupts the Web Site or servers or networks connected to the Web Site.
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or otherwise disguise the origin of any content transmitted through the Web Site or to Company, including forging any TCP/IP packet header or any part of the header information in any transmission to the Web Site for any reason;
- Transmit or otherwise make available through the Web Site any unauthorized personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services;
- Violate any applicable local, state, federal or international law, rule or regulation or transmit material that encourages, promotes, solicits, or commits conduct that would constitute a criminal offense or give rise to civil liability;
- Use or attempt to use another’s information, account, password, service or system except as expressly permitted; or
- Solicit or collect personal data about other users, including telephone numbers, addresses, last names or email addresses.
Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Web Site, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of the Terms or of any applicable laws.
DISCLAIMERS AND LIMITATIONS ON LIABILITY
YOU UNDERSTAND AND AGREE THAT THIS WEB SITE AND ALL CONTENT CONTAINED ON IT ARE DISTRIBUTED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF ANY THIRD PARTY RIGHT, FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
COMPANY AND THE AFFILIATES MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, OR ADEQUACY OF ANY INFORMATION, FACTS, VIEWS, OPINIONS, STATEMENTS OR RECOMMENDATIONS CONTAINED ON THE WEB SITE OR IN THE CONTENT. THIS WEB SITE MAY BE UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF EQUIPMENT.
YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:
NEITHER COMPANY NOR THE AFFILIATES ARE RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
EXCEPT WHERE PROHIBITED: YOU AGREE THAT COMPANY AND THE AFFILIATES, AS APPLICABLE, ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC OR PUNITIVE DAMAGES), WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THIS WEB SITE) INCLUDING, WITHOUT LIMITATION, RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (1) THIS WEB SITE AND ITS CONTENT; (2) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE; OR (3) ANY ERRORS OR OMISSIONS IN THE WEB SITE’S TECHNICAL OPERATION, EVEN IF COMPANY OR THE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT WILL COMPANY OR THE AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, UNDER NO CIRCUMSTANCES WILL COMPANY OR THE AFFILIATES BE LIABLE TO YOU FOR ANY REASON RELATED OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). BY ACCESSING THIS WEB SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
NO PERSONAL ADVICE
This Web Site and its Content is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, therapeutic, nutritional, legal, or other advice. In addition to the “Disclaimer/Limitation on Liability” paragraph above, Company and the Affiliates make no representations or warranties and expressly disclaim any and all liability concerning any treatment or action by any person following the information offered or provided within or through the Web Site. The company and the Affiliates are not a licensed physician, nutritionist, psychologist, therapist or other medical provider and do not provide any medical advice, diagnosis, treatment advice, or a second opinion for health conditions. If you have an existing ailment or an urgent health problem, consult with a health care provider before acting on information contained on the Site.
The Company and Affiliates are not responsible for any decisions made by You as a result of using the Services and any consequences thereof. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
You are 100% responsible for Your progress and results from Your use of the Services. You accept and agree that You are the one vital element to Your success and that the Company cannot control Your actions or the outcome thereof. The Company makes no guarantee or warranty that the Services will meet Your requirements or that all users will achieve the same results.
By using this Web Site, you agree to indemnify, defend and hold harmless Company and the Affiliates from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to: (1) your violation of these Terms or any law, rule or regulation; (2) a claim that is based on your use of the Content; or (3) any content uploaded by you or through your computer to the Web Site or otherwise sent by you to Company. You will cooperate as fully and reasonably as required by Company or the Affiliates in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Company.
THIRD PARTIES/NO ENDORSEMENT POLICY
This Web Site may provide links to third-party web sites, and certain areas of the Web Site may allow you to conduct transactions or purchase goods or services from or through a third-party. Third-parties and third-party web sites may have different privacy policies, terms and conditions and business practices than we do. Your dealings or communications through the Web Site with any party other than Company are solely between you and that third party. Company does not endorse, verify, warrant, make any representations, or take responsibility for the content, truthfulness, accuracy, legality, authenticity, quality or completeness of the content or activities conducted on any third party web sites. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party. YOU AGREE THAT COMPANY AND THE AFFILIATES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY. Reference on the Web Site to any product, process, publication or service of any third party by trade name, domain name, trademark, trade identity, service mark, trade identity, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Company or the Affiliates. Users are requested to inform Company of any errors or inappropriate material found on web sites to which this Web Site is or may be linked.
LINKING TO THE WEB SITE
If you link to this Web Site, the link must be in plain text, unless otherwise pre- approved in writing by Company. The link to this Web Site must not damage, dilute or tarnish the goodwill associated with any Company names or any other Company intellectual property; it must not present false information about Company, its products or services; it must not use any Company trademarks; nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Company. You may not “frame” this Web Site or alter its intellectual property or Content in any way. You may not link to the Web Site from a site that is unlawful, abusive, indecent or obscene; that promotes violence or illegal acts; that contains expressions of racism; that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate (in Company’s sole discretion). Company reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with this Web Site or these Terms.
Company operates this Web Site in the United States. Information contained on this Web Site may not be appropriate or available for use in other locations, and access to this Web Site where the content of the Web Site may be illegal is prohibited. If you access this Web Site from other locations, you do so of your own initiative and you are solely responsible for compliance with applicable laws. These Terms will be construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles. Any cause of action filed by you with respect to the Terms or your use of this Web Site must be filed in the County of Los Angeles, City of Los Angeles, State of California within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause will be forever barred. You hereby consent and submit to the exclusive jurisdiction and venue of the courts located in the County of Los Angeles, City of Los Angeles, State of California for any cause of action arising under these Terms or related to the Web Site.
You understand and agree that Company will determine your compliance with these Terms in its sole discretion. Company reserves the right to deny access to all or part of the Web Site to any person in its sole discretion. Any violation of these Terms may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by Company, you must destroy all materials obtained from this Web Site and all related documentation.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Company. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.
The EFFECTIVE DATE of these Terms is November 7, 2010.
Last Update, November 7, 2010.