YOUR USE OF OUR SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND
BY THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY
BEFORE USING THE SITE. IF YOU DO NOT AGREE WITH ANY PART
OF THESE TERMS OF USE, YOU MUST NOT USE OUR SITE. IF YOU
ARE A GLOBALFORCE AFFILIATE, YOUR ARE BOUND BY ADDITIONAL
TERMS AND CONDITIONS CONTAINED IN YOUR GLOBALFORCE AGREEMENT
AND THE AFFILIATE RULES OF CONDUCT.
1. Agreement Between
You and EcoMart®
The Terms of Use applies to all EcoMart® websites owned and
operated by EcoMart® Canada Inc. and EcoMart USA Inc., hereinafter
collectively referred to as EcoMar®t. These Terms of Use
do not apply to the content of third party websites. In
the event that any of the terms, conditions, or notices
contained herein conflict with the additional terms or
other terms and guidelines contained within any particular
EcoMart® site, then these terms shall control.
2. Intended Audience
This site is a business and commercial site, and therefore
is not intended for persons under the age of 18. The material
on this website is published by EcoMart® as a service to
GlobalForce® Network Inc. Affiliates and EcoMart customers
who reside in Canada, the USA and all Canadian and USA
Territories. This site is not intended for access or use
outside of these areas. EcoMart® and its affiliates make
no claims that the information located on this site is
appropriate for all jurisdictions. If you access the materials
on this website from outside of these countries indicated,
you do so at your own risk. You are responsible for compliance
with the laws in your respective jurisdiction.
3. Purchase Terms
You are responsible for providing a valid credit card number
or account information with available credit at time of
purchase. You represent and warrant that you are an
authorized user of the credit card or account information.
You are responsible for payment of any applicable federal,
state/province, local and city taxes. You are responsible
for payment of shipping and handling charges. Taxes and shipping
and handling charges may be included on your order invoice
depending on your jurisdiction and what has been ordered.
4. Satisfaction Guarantee
We stand behind the quality of our products and guarantee
your satisfaction. If for any reason you try our products
and are not completely satisfied, you may return it within
30 days of purchase for an exchange or refund of the product
price and applicable tax, less shipping and handling. (Note:
specific limited guarantees apply to designated products.)
This satisfaction guarantee does not apply to any Affiliate
purchases for stock or inventory.
5. Returns
You may return items using the Merchandise Product Return
form available on the Site or in the packaging information
included with each order. Detailed information on returns
handling can also be obtained on the Site, or contact us
as described in the "Contact" section, or use the Contact form found here
and we will assist you. All exchanges are final.
6. Confidentiality
You agree to provide true, accurate, and complete information
to ecomart when making a purchase. You agree not to resell
any merchandise you purchase, unless you are
a current authorized GlobalForce Affiliate. Customers agree
to not resell any merchandise purchased. You
agree to maintain the confidentiality of any identification
number, key or password ("Identifiers") that
you are provided with. You agree to immediately notify
ecomart of any unauthorized use of the above or other breach
of security. You are fully responsible for all activities
under your Identifiers. ecomart not responsible for any
misuse of your account by someone who uses your Identifiers.
7. Privacy and Your Personal Information
Your use of our Site is also subject to the terms of our
Privacy Policy. You acknowledge that you have read and
understand our Privacy Policy, and consent to the use of
any personal information you provide in accordance with
the terms of, and for the purpose set forth in, our Privacy
Policy.
8. Copyrights
All website design, text and graphics are owned solely and
exclusively by ecomart. The contents of the websites are
Copyright © 2008-2009 EcoMart Canada Inc. and EcoMart
USA Inc. ALL RIGHTS RESERVED. No website material may be
copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any
medium including but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the prior
written permission of ecomart.
9. Trademarks
ecomart®, the ecomart product names and logos, all page
headers, custom graphics and button icons, service marks,
trade names, trademarks and/or trade dress of ecomart are
owned solely and exclusively by their respective EcoMart
Canada Inc., EcoMart USA Inc. and GlobalForce Network Inc.
There are other trademarks, product names, company names,
logos, service marks, and/or trade dress indicated on the
Web site that are the property of their respective owners.
10. Links to Third Party Sites
ecomart provides via its websites, links to other third party
websites or resources and/or advertisements or other such
promotional materials. Because ecomart has no control over
the content of linked-to sites or the quality of the goods
or services offered via these linked-to sites, you acknowledge
and agree that ecomart is not responsible for and in no
way guarantees or endorses: (1) the availability of linked-to
sites or resources; (2) the accuracy or completeness of
any content available at or through the linked-to sites;
(3) the goods or services offered via these third-party
sites. Accordingly, you acknowledge and agree that ecomart
shall not be responsible or liable to you in any manner,
directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or
reliance on the content of any linked-to website and/or
the quality of any goods or services offered by or through
any linked-to third-party site.
11. Changes to These Terms of Use
ecomart reserves the right to change the terms, conditions,
and notices under which the ecomart websites are offered.
You are responsible for regularly reviewing these Terms
of Service and additional terms posted on particular websites.
Your continued use of the ecomart websites constitutes
your agreement to all such terms, conditions, and notices.
12. Disclaimer Of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE ECOMART WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS.
ECOMART EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. ECOMART MAKES NO WARRANTY THAT (i)
THE WEBSITE(S) WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE(S)
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE(S)
WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE WEBSITE(S) IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM ECOMART OR THROUGH OR FROM THE EMAIL SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
13. Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ECOMART SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES RESULTING FROM (i) THE USE OR THE
INABILITY TO USE THE WEBSITE(S); (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE WEBSITE(S), (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) MISDIRECTED
ORDERS OR LOST PROFITS, LOST REGISTRATIONS, LOST GOODWILL,
OR LOST OR STOLEN PROGRAMS OR OTHER DATA; OR (vi) ANY OTHER
MATTER RELATING TO THE WEBSITES EVEN IF ECOMART, ITS EMPLOYEES
OR AFFLIATES THEREOF, ARE ADVISED OF THE POSSIBILITY OR
LIKELIHOOD OF SUCH DAMAGES, LOSSES OR EXPENSES.
14. General
a. Claims for enforcement, breach or violation of duties
or rights under this agreement shall be adjudicated under
the laws of the Province of British Columbia, without reference
to conflict of laws principles. You hereby irrevocably
consent to the exclusive jurisdiction and venue of courts
in Vancouver, British Columbia, Canada, in all disputes
arising out of or relating to the use of the ecomart websites.
b. You agree that no joint venture, partnership, employment,
or agency relationship exists between you and ecomart as
a result of this agreement or use of the ecomart websites.
c. You agree to indemnify and hold ecomart, its parents,
subsidiaries, affiliates,
officers and employees, and GlobalForce Affiliates harmless
from any claim, demand, or damage, including reasonable legal
fees, asserted by any third party due to or arising out of
your use of or conduct on the ecomart websites.
d. ecomart's performance of this agreement is subject to
existing laws and legal
process, and nothing contained in this agreement is in derogation
of ecomart’s right to comply with governmental, court
and law enforcement requests or requirements relating to
your use of the ecomart websites or information provided
to or gathered by ecomart with respect to such use.
e. If any part of this agreement is determined to be invalid
or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision
and the remainder of the agreement shall continue in effect.
f. Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and ecomart with respect
to the ecomart websites and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or
written, between the user and ecomart with respect to the
ecomart websites.
g. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions
as other business documents and records originally generated
and maintained in printed form.
15. Notices and Procedure for Making Claims of Copyright
Infringement
Notifications of claimed copyright infringement or other
intellectual property infringement should be sent to the
following:
By Mail: EcoMart Canada Inc. / Attn: Compliance
408 – 1445 West Georgia Street,
Vancouver, BC Canada
16. Contact Us
If you have any concerns about the Site or these Terms of
Use, please send a Message to ecoMart® using the Contact form. We
will make every reasonable effort to address your concerns
and remedy any problems you bring to our attention.
Effective July 27, 2009.©2009
All rights reserved.
