Copyright, Trademark and Disclaimer Notices
The contents of the Website include text, design, graphics, logos, trade dress, audio clips, and video. The contents of our websites and associated services, including text, files, images, photos, video, sounds, musical works, design, graphics, logos, trade dress, audio clips, games, photographs, software, interfaces, code, or other works of authorship (the “Content”) and their selection and arrangement is the property of ECO Mobile and its business partners and others that have granted ECO Mobile the right and license to use it, and is protected by copyright and trademark laws, or other proprietary rights. All trademarks, service marks and trade names used on our websites are proprietary to ECO Mobile, its business partners, or others. The “ECO Mobile” name and logo are registered trademarks of ECO Mobile, LLC. Trademarks and Content on our websites may not be used except as provided in these terms or in the text of our websites, and no portion of the Content may be reprinted, republished, or distributed in any form without the express written permission of ECO Mobile and/or its partners. You may not copy, reproduce, reverse engineer, decompile, transmit, sell, distribute, license or create derivative works of the Content, frame of our website or any portion thereof. You may not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
Unsolicited Submission of Ideas
Although we welcome questions or feedback about your use of ECO Mobile’s services and products, ECO Mobile does not accept, invite or consider under any circumstances unsolicited submissions of ideas, creative suggestions or proposals (“Ideas”) relating to its business, including its new product names, advertising campaigns, promotions, marketing plans, products or services. This policy is intended to avoid disputes in the event that ECO Mobile’s products or marketing strategies seem similar to ideas submitted to ECO Mobile or its employees. Therefore, unless otherwise explicitly stated by us, all ideas and intellectual property included in any unsolicited submission of Ideas will automatically be treated as non-confidential and as the sole property of ECO Mobile, without any compensation whatsoever to you. ECO Mobile will have no obligations to you with respect to such Ideas and has the right to destroy submissions of Ideas upon receipt.
Acceptable and Lawful Use of Website
You agree to abide by all applicable laws regarding use of our websites and associated services. You further agree to not use our website or services to engage in disruptive or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing” as those terms are commonly understood and used on the Internet, or to attempt to gain unauthorized access to other computer systems or networks connected to our websites or services. We reserve the right to report any activity that may violate the law to appropriate law enforcement officials, regulators or other third parties, and we may do so without prior notice to you. You agree to provide true, accurate, current, and complete information about you as prompted during the registration process for any ECO Mobile service, and to maintain and update this information to keep it accurate. You are responsible for maintaining the confidentiality of any account numbers and passwords assigned to you or selected by you, and you agree to be fully responsible for all activities that occur through anyone’s use of your password or account numbers, whether or not authorized by you. You agree to notify ECO Mobile immediately if you become aware of any unauthorized use of your password or account or any other breach of security related to our services.
Pricing for Products and Services
In the event a product or service is listed at an incorrect price or with incorrect information, ECO Mobile shall have the right to refuse or cancel any orders placed for that product(s) or service(s) whether or not they have been confirmed and your credit card has been charged or other payment has been accepted.
Please understand that you assume total responsibility and risk when you use our website and the Internet. There are people who will try to harm you and your computer on the Internet. Our website adheres to the Internet security best practice standards widely accepted on the Internet. Our website and services provided on an “as is” and “as available” basis. You understand that ECO Mobile does not guarantee that anything on our websites will be free of infection or viruses that might damage or interfere with your computer, data or personal information. ECO Mobile does not make and hereby disclaims any express or implied warranties, representations or endorsements whatsoever (including but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to our website, its Content, any services provided through our website or on the Internet. Some states may not permit the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Limitation of Liability
ECO Mobile and its business partners will not be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of our websites, Content and services. ECO Mobile assumes no risk or responsibility for your use of any of the content provided on our websites. If you are dissatisfied with our websites or any Content on our website, or with these terms and conditions, your only remedy is to cease using our website.
You agree to indemnify and hold ECO Mobile harmless and its affiliates and their respective officers, agents, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including the costs, expenses and attorney’s fees on account thereof) due to or arising out of your use of our websites in violation of this Agreement whether based in contract or tort (including strict liability) and regardless of the form of action. This indemnification obligation will survive these terms and your use of our websites.