THIS IS AN AGREEMENT BETWEEN YOU AND ECOBLY LLC (“ECOBLY”) REGARDING THE TERMS UNDER WHICH YOU MAY USE THE SERVICES PROVIDED BY ECOBLY (COLLECTIVELY, THE “SERVICE”), INCLUDING THE ECOBLY WEBSITE AND THE ECOBLY COMPANY MEMBERSHIP (IF APPLICABLE).
BY USING THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICE AND YOU SHOULD DISCONTINUE USE OF THE ECOBLY WEBSITE.
1. Service for Informational Use Only.
a. The Ecobly certification is intended to help provide information to consumers to assist them in finding local producers of goods and services. The Ecobly certification and company membership are based on a review of the company's business and business practices as a whole, rather than its individual products. Before granting certification to an applicant company, the Ecobly staff review and analyze the questionnaires submitted by the companies and may contact the company for more information. In some cases, Ecobly may also make its own investigation of certain claims made by the applicant company. The company must agree to the Ecobly Agreement with Member Companies.
b. Despite this process, please be aware that Ecobly cannot directly investigate, test and analyze all aspects of each member company (a “Member”). Ecobly also does not test or endorse particular products. An Ecobly certification cannot guarantee that a Member's products will perform well in all circumstances or that the products will suit your needs, and the Ecobly certification is not a substitute for your own review of products. YOU SHOULD INVESTIGATE THE ORIGIN, PERFORMANCE, SAFETY, AND OTHER CHARACTERISTICS OF ANY GOODS AND SERVICES THAT YOU BUY FROM ANY ECOBLY MEMBER COMPANIES TO ENSURE THEY MEET YOUR NEEDS AND REQUIREMENTS.
c. You should be aware that the Ecobly certification relates to a Member's entire business as a whole. Due to diverse ranges of products carried by some Members, it is possible that a Member may also sell some products that are not made locally in order for it to offer a complete product line to its customer. We encourage you to ask the Member where and how the particular products you are purchasing are produced.
d. If you do not think a Member is complying with the Ecobly Agreement with Member Companies, please send us an e-mail to let us know.
2. Intellectual Property.
a. You are granted a limited license by Ecobly to use the Service and print or download a single copy of information on the Ecobly website for your own personal use. All other rights to the Service and the data and information contained in it are reserved by Ecobly. Unauthorized use beyond the terms of this Agreement may infringe the intellectual property rights of Ecobly and its licensors and subject you to civil and criminal penalties, including possible monetary damages.
b. "Ecobly" and Ecobly member certification mark are trademarks of Ecobly LLC. The member certification mark may be used only by companies that are approved by Ecobly and are currently Ecobly members, and the mark must be used in accordance with the Ecobly Logo Guidelines. Ecobly's trademarks may not be used for any purpose without its prior written permission.
c. Any trademarks of Members appearing on the Ecobly site are trademarks owned by the respective companies.
3. Disclaimers; Liability Limitations.
a. THE SERVICE IS PROVIDED BY ECOBLY ON AN "AS IS" BASIS. ECOBLY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, INSTRUCTION OR ADVICE INCLUDED IN THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ECOBLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This disclaimer shall not apply to the extent that it is prohibited by applicable law.
c. YOU AGREE THAT ECOBLY AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND LICENSORS SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages. In such states or jurisdictions, Ecobly's liability shall be limited to the fullest extent permitted by law.
4. Links to Other Sites. The Ecobly site may contain links to information on other sites. Clicking on the links will take you to other sites not reviewed or controlled by Ecobly, and Ecobly is not responsible for content of these sites.
7. Notices. Ecobly may send you notices regarding this Agreement or the Service by sending an e-mail message to any e-mail address that you have given to Ecobly. Notices shall be effective immediately.
8. Governing Law and Venue. The laws of the State of Washington, without regard to its conflict of laws provisions, shall govern this Agreement and any use by you of the Service. The venue and jurisdiction for any dispute between you and Ecobly shall be the state and federal courts of King County, Washington, USA.
9. Miscellaneous. This Agreement constitutes the entire understanding and agreement between you and Ecobly with respect to its subject matter, and any and all prior agreements, understandings or representations with respect to its subject matter are merged herein. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected, impaired or invalidated. Failure to enforce any rights granted in this Agreement shall not be deemed a waiver as to subsequent enforcement of such rights. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone else. Any attempt by you to transfer, assign, or delegate this Agreement shall be null and void. Sections 2, 3, 7, 8 and 9 shall survive the termination or expiration of this Agreement.
Revised September 2008