1. Eligibility. the ThinkEco Site IS not available to persons under the age of 18 or to any Users previously suspended or removed from the THINKECO Site by THINKECO. By clicking the "I Agree" button or by otherwise using the ThinkEco Site, You represent that You are at least 18 years of age and have not been previously suspended or removed from the ThinkEco Site by ThinkEco.
3. Individual Features and Services. When using the ThinkEco Site, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
4. Modification of these Terms. ThinkEco reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the ThinkEco Site after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the ThinkEco Site.
5. Software and Content Downloads. ThinkEco and its licensors may make certain software and other content available to You for download (for a fee or otherwise) from the ThinkEco Site. All such software or other content that You download shall be subject to the terms and conditions included with such software or content or otherwise presented to You at the time of download.
5.1 Prohibited Conduct. BY USING THE THINKECO Site YOU AGREE not TO:
5.2 use the ThinkEco Site for any purposes other than to access the ThinkEco Site as such services are offered by ThinkEco;
5.3 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in Section 10, below);
5.4 post, upload, or distribute any defamatory, libelous, or inaccurate content;
5.5 post, upload, or distribute any other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
5.6 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the ThinkEco Site accounts of others without permission, forge another person's digital signature, misrepresent the source, identity, or content of information transmitted via the ThinkEco Site, or perform any other similar fraudulent activity;
5.7 delete the copyright or other proprietary rights on the ThinkEco Site;
5.8 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the ThinkEco Site. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
5.9 use the ThinkEco Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
5.10 defame, harass, abuse, threaten or defraud Users of the ThinkEco Site, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the ThinkEco Site for any commercial use, it being understood that the ThinkEco Site is for personal, non-commercial use only;
5.11 use the ThinkEco Site if You are under the age of 18 years old;
5.12 remove, circumvent, disable, damage or otherwise interfere with security-related features of the ThinkEco Site, features that prevent or restrict use or copying of any content accessible through the ThinkEco Site, or features that enforce limitations on the use of the ThinkEco Site;
5.13 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the ThinkEco Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
5.14 modify, adapt, translate or create derivative works based upon the ThinkEco Site or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
5.15 intentionally interfere with or damage operation of the ThinkEco Site or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
6. Account. When You use the ThinkEco Site to purchase any products, services, or information from ThinkEco, You may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to ThinkEco on registration, upon an inquiry or order and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify ThinkEco. You may be liable for the losses incurred by ThinkEco or others due to any unauthorized use of your ThinkEco Site account.
7. Third-Party Sites, Products and Services; Links. The ThinkEco Site may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). ThinkEco does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the ThinkEco Site are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
8.1 ThinkEco. You agree that ThinkEco, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with ThinkEco or your use of the ThinkEco Site and remove and discard all or any part of your account, User profile, at any time. ThinkEco may also in its sole discretion and at any time discontinue providing access to the ThinkEco Site, or any part thereof, with or without notice. You agree that any termination of your access to the ThinkEco Site or any account You may have or portion thereof may be affected without prior notice, and You agree that ThinkEco will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies ThinkEco may have at law or in equity.
10. Indemnification. You agree to indemnify, save, and hold ThinkEco, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the ThinkEco Site, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. ThinkEco reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify ThinkEco, and You agree to cooperate with ThinkEco's defense of these claims. ThinkEco will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
11. Disclaimers; No Warranties.
11.1 No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ThinkEco, and its affiliates, partners, lICENSORS and SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. no advice or information, whether oral or written, obtained by You from ThinkEco or through the THINKECO Site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this Section 12 the term ThinkEco includes ThinkEco's officers, directors, employees, shareholders, agents, licensors and subcontractors.
11.2 "As is" and "As available" and "With All Faults". You expressly agree that use of the THINKECO Site is at your sole risk. THE THINKECO Site AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, reference sites, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE THINKECO Site ARE PROVIDED on an "AS IS" AND "AS AVAILABLE", "with all faults" basis and WITHOUT WARRANTIES or representations OF ANY KIND EITHER EXPRESS OR IMPLIED.
11.3 Content. ThinkEco, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, FUNCTIONS, or any other information OFFERED ON or through THE THINKECO SITE or any reference sites WILL BE UNINTERRUPTED, or free of errors, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
11.4 Accuracy. THINKECO, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE THINKECO SITE or any reference sites IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
11.5 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU use, access, DOWNLOAD, OR OTHERWISE OBTAIN information, materials, OR DATA THROUGH THE THINKECO SITE (INCLUDING RSS FEEDS) or any reference sites AT YOUR own DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR property (including your computer system) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD or use OF SUCH MATERIAL OR DATA.
12. Limitation of Liability and Damages.
12.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THINKECO OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE THINKECO SITE or any reference sites, OR ANY OTHER INTERACTIONS WITH THINKECO, EVEN IF THINKECO OR AN THINKECO AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THINKECO'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12.2 Limitation of Damages. IN NO EVENT WILL THINKECO OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE THINKECO SITE OR your interaction with OTHER THINKECO SITE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE THINKECO SITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE date of the claim OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
12.3 Reference Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED on any reference sites or otherwise BY THIRD PARTIES OTHER THAN THINKECO AND RECEIVED THROUGH OR ADVERTISED ON THE THINKECO SITE OR RECEIVED THROUGH ANY reference sites.
12.4 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT THINKECO HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THINKECO, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THINKECO. ThinkEco would not be able to provide the THINKECO Site to You on an economically reasonable basis without these limitations.
12.5 Limitations by Applicable Law. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
13.2 Waiver. The failure of ThinkEco to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by ThinkEco.
13.3 Dispute Resolution and Arbitration.
(a) Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
(c) Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or ThinkEco will be filed only in the state or federal courts in and for New York County, New York, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, except as provided in Section 14.3(b) regarding arbitration. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party's intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
(d) Improperly Filed Claims. All claims you bring against ThinkEco must be resolved in accordance with this Section 14.3. All claims filed or brought contrary to this Section 14.3 shall be considered improperly filed. Should either party file a claim contrary to this Section 14.3, the other party may recover attorneys' fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
13.4 Severability. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
13.6 Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 10 through 14.
13.7 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
13.9 Claims. YOU AND THINKECO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE THINKECO SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
13.10 Disclosures. The ThinkEco Site is hosted in the United States, and the services provided hereunder are offered by ThinkEco: 148 Madison Avenue, 8th Floor, New York, NY 10016. If You are a California resident, You may have this same information emailed to You by sending a letter to the foregoing address with your email address and a request for this information.