Terms of Conditions and Use
By using the website at www.ecohome.cool and other related sites to access the services and products made available on the Site, you represent that you have read, understood and agree with SmartCool Systems USA Inc. [SSI] to be bound by these Terms of Conditions and Use for all purposes relating to the website.
PLEASE READ THESE TERMS OF CONDITIONS AND USE CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION RELATING TO YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
Your use of the website is subject to these Terms of Conditions and Use. If you are not willing to be bound by them, you are not authorized to use the website and you must cease using it. We reserve the right to modify these Terms at any time without prior notice, and your use of the Site binds you to the changes made. We do occasionally update these Terms, so we invite you to regularly visit the site to review any such changes that may have been made.
You represent that you have reached the age of majority in the location where you reside and in any event are at least 18 years old and that you have the capacity to agree to these Terms and Conditions of Use either as an individual or on behalf of a corporation or other organization.
Access to Site and System
You will be able to access our Site without having to register any details with us. However, to access our services and products through our Site, you will have to create an account. We are the sole owner of the information collected. We only collect information that we obtain when you search our website to obtain information about our products and services or when you actually engage with us to purchase our products or to arrange for installation or other services. This may include such information as: your name, email address, telephone number as well as credit card or other financial information. Please note that the information obtained will only be used to provide you with the services or products you order or other legitimate business purposes as are described herein.
We grant you a non-exclusive limited license to use our website for the intended purposes in accordance with these Terms and Conditions of Use. All rights not expressly granted to you herein are reserved by us and, if applicable, by our licensors.
By submitting a telephone number to ECOHOME you agree that a representative can contact you at the number you provide, potentially using automated technology or a pre-recorded message. Your consent is not an obligation to receive any of our services.
We do not claim ownership in any information that you provide to us or to any third party using our website but by submitting your information you grant to us or any third party using our website a royalty free, worldwide license to use the information reasonably required by us to provide our products and services to you or others directed by you. You shall thereby have confirmed that you have all the rights, titles and interests to grant such a license to your information and you agree to indemnify and save us harmless from and against any liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages charges and costs, including reasonable legal costs, any amount paid to settle any action or to satisfy a judgment and expenses of any kind and character whatsoever incurred by us relating to or arising from your information.
Use of Site
The information that we provide on the website is firmly based upon our proprietary technology. While much of it must necessarily remain confidential, it generally includes images, data, text, audios, videos, photographs, custom graphics, logos, button icons, source codes, processes, designs, technologies, URLs, domain names, marks and other material. The compilation of the content and the underlying technology are the exclusive property of SSI or its parent or associate and are protected by U.S., Canadian and international copyright laws.
You agree that the only basis upon which the information and technology can be used by you is that it is licensed subject to these Terms and Conditions of Use including the disclaimers and limitations of liability herein. Any use of information, including the reproduction, modification, distribution, transmission, republication, display or performance of the contents without our prior written consent is expressly forbidden.
Any trademarks or service marks appearing anywhere on our Site are the property of their respective owners. To the extent any product name or logo does not appear with a trademark ™ does not constitute a waiver of any intellectual property rights that SSI of or its parent or associates have established in any of its products, features, or service names or logos.
You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of this website for commercial profit or gain. Nothing in these Terms and Conditions of Use shall be construed as conferring any intellectual property or other proprietary rights to you. You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity.
You will not use the website, or any contents or services, for any purpose that is unlawful or prohibited by these Terms and Conditions of Use. You may not use the website contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of the website or any of its contents or services.
We make no representation or warranty, express or implied, with respect to the content of the website, or links to other websites, including but not limited to accurateness, completeness, correctness, timeliness or reliability. Nor do we make any representation or warranty regarding the merchantability or fitness for a particular purpose of use with respect to any content, products or services whatsoever that may be accessed through this website, or the results to be obtained from using the Site. We make no representation or warranty that the Site or content is free from defects or viruses. Your use of external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and websites.
Links to and from Third Party Websites
Any links furnished on our website are intended to allow you easily to transfer to another Site. These third party websites are not under our control and we disclaim any responsibility for the content of such linked websites or any link(s) contained in any such linked website(s} or any changes or updates to any of these websites. The content may be protected by applicable copyright, trademark, patent, trade secrets or other proprietary rights and laws. Nothing in the use of our website grants you any right, title or interest in or to the content of any third party website. We further disclaim any responsibility for any form of transmission received from any linked third party website or advertising. We provide these links as a convenience to you and inclusion of any link shall in no way be construed as an endorsement by us of the website(s).
If you would like to link to our Site, you may only do so on the basis that you link to, but do not replicate, any page of our Site, and subject to the following conditions:
(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed by us;(b) you do not misrepresent your relationship with us or present any false information about us;
(c) you do not link from a website that is not owned by you; and
(d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the laws of the United States of America.
If you choose to link our Site in breach of this Section, you shall fully indemnify us for any loss or damage suffered as a result of your actions. Without limiting any of our rights, we may suspend, restrict or terminate your use of the website without notice if, in our sole and absolute discretion, we determine or believe that your have violated any of the Terms and Conditions of Use.
All information on our website is of a general nature and is furnished for your knowledge and understanding and as an informational resource only. The documents and any related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on our Site. We may make improvements and/or changes to any of the products depicted or described herein at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Site or reliance on the information from either.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE, INCLUDING, TITLE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING OR PERFORMANCE AT LAW, IN EQUITY, BY STATUTE, OR OTHERWISE. THE INCLUSION OF ANY LINKS TO OTHER WEBSITES DOES NOT IMPLY ENDORSEMENT, INVESTIGATION OR VERIFICATION BY US OF SUCH WEBSITES OF THE INFORMATION CONTAINED THEREIN.
SSI DOES NOT WARRANT OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION DESCRIBED WITHIN OR DERIVED FROM OUR SITE OR SERVICE.
Limitation of Liability
YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICES AND/OR PRODUCTS, OR YOUR RELIANCE ON OR USE OF THE SITE, THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
WITHOUT RESTRICTING THE FOREGOING, IF CIRCUMSTANCES ARISE IN WHICH YOU OR ANOTHER PARTY IS ENTITLED TO RECOVER DAMAGES FROM US OR ANY OF OUR ASSOCIATES OR AFFILIATES, THE AGGREGATE LIABILITY OF US FOR DAMAGES IS LIMITED TO THE AMOUNT PAID TO US BY YOU THROUGH OR AS A RESULT OF USING THE WEBSITE DURING THE SIX MONTH PERIOD PRECEDING THE CIRCUMSTANCES IN WHICH SUCH LIABILITY ARISES.
You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site or your violation of these Terms and Conditions of Use or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.
We make no representations that the content or the website is appropriate or may be used or downloaded outside the United States. Access to the Site and/or the content may not be legal in certain countries outside the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site.
Our Site is created and controlled by the State of Nevada, United States of America. The Site, and its contents, and any disputes arising there from shall be construed and interpreted under the laws of the State of Nevada, and applicable United States federal laws. Use of our Site constitutes the agreement of the user to attorn to the jurisdiction of the State of Nevada and the federal courts located therein.
Our Site is subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Site, as may be required.
These Terms and Conditions of Use together with other terms or legal notices published by us on the Site, and any other applicable agreements, shall constitute the entire agreement between us concerning use of the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect.
Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice will act to modify any provision of these Terms and Conditions of Use. Our rights, powers and remedies, including without limitation the right to suspend, restrict or terminate any use of the website are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
Any notice, consent, waiver, approval, authorization or other communication to be delivered in connection with these Terms and Conditions of Use:
- By us to you will be deemed to have been effectively and validly given if delivered or sent to any of the contact particulars you have communicated to us on the website; and
- By you to us will only be deemed to have been effectively and validly given if in writing and delivered or submitted to the Executive Vice President of SSI.
All such communications shall be in the English language.