Terms of Service

Introduction

These Terms of Use (the “Agreement”) set forth the terms and conditions  that apply to your access and use of the websites, software applications, and other online services (collectively, the “Service”) provided by EcoCart Sciences Inc. (“EcoCart”). The Service includes, but is not limited to, the EcoCart extension for desktop web browsers, and the website located at www.EcoCart.io (the “Website”).

Users Based Outside the United States

If you are based in Canada, Australia or New Zealand, you agree to the applicable supplement terms that are included at the end of this Agreement, so please review them carefully.

If you are based in the UK or Europe, then the applicable Terms of Use that govern your use of the Service are set forth here: https://EcoCart.io/terms/eu.

Accepting the Terms

By using (and in return for us providing) the Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse our websites or use our software without registering) or you are a “Member” (which means that you have registered to create an account with EcoCart). The term “you” or “User” refers to a Visitor or a Member. The term “we” or “our” refers to EcoCart. You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with EcoCart. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. If you do not agree to this Agreement, please don’t use the Service.

We really want to make sure you read this next part so we’re going to use all-caps: THIS AGREEMENT CONTAINS (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AFFIRM THAT YOU AGREE TO THESE PROVISIONS.

Privacy and your Personal Information

For information about EcoCart’s privacy and data protection practices, please read EcoCart’s Privacy Policy found at www.EcoCart.io/privacy. Our privacy policy explains how EcoCart collects, uses and shares your information that you provide when you access the Service. By using the Service, you consent to EcoCart’s collection, use, and sharing of your information as set forth in our privacy policy.

Description of the Service

As part of the Service, we provide you with a suite of tools that allows Users to locate and obtain deals, coupons, exclusive offers, pricing information, product, and other information to help make informed purchase decisions at attractive prices. The Service also includes our EcoPoints and any other offerings described below.

The Service is provided to you by EcoCart as a free service. We work on your behalf with the aim of locating the best publicly available offers and negotiating exclusive offers that are better than any publicly available deal. We make money to sustain the service when you purchase or engage with these offers.

Account Information from Third Party Sites

With the Service, Members may direct EcoCart to interact with existing accounts they own and that are maintained online by third-party companies with which they have accounts (“Third Party Accounts”) such as Facebook or their accounts on the websites of specific merchants. EcoCart makes no effort to review the Third Party Accounts for any purpose, including but not limited to accuracy, legality or non- infringement. EcoCart is not responsible for the products and services offered by or on third-party sites. If your permission settings allow it, EcoCart may import information from your Third Party Accounts to help better offer the Services to you. EcoCart does not control the policies and practices of any third-party site or service, including any Third Party Accounts you connect to the Services.

EcoCart cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. EcoCart cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.

EcoCart Offers and Third-Party Links

Some parts of the Service are supported by sponsored links from third-party advertisers and the display of “EcoCart Offers,” which are product offers sponsored by third-parties that may be (subject to and in accordance with our privacy policy) custom matched to you based on information stored in the Service, queries made through the Service or other information. We sometimes use specially formatted links for which we receive a commission on resulting sales or clicks from affiliate partners (“Affiliate Links”).

If you click on a sponsored advertiser link, EcoCart Offer or Affiliate Link, you will be redirected to the site, of the third-party which offers the products (or a specific portion of the Services dedicated for the partner’s offerings, from which the third-party’s website will be accessible), and (subject to and in accordance with our privacy policy) your session may be tracked using cookies.

In connection with EcoCart Offers, the Service will provide links to other websites belonging to EcoCart advertisers and other third parties. EcoCart does not endorse, warrant or guarantee the products or services available through the sponsored advertiser link, EcoCart Offer or Affiliate Link, (or any other third -party products or services advertised, presented on or linked from any portion of our Services), whether or not sponsored. EcoCart is not an agent, distributor, re-seller, broker or otherwise responsible for such third-parties or the activities or policies of those websites or the products or services. available on them. EcoCart does not promise or guarantee that the product details, prices, coupon availability or other service terms, rates or rewards offered by any particular advertiser or other third-party via our Service are the best prices, terms or lowest rates available in the market.

When you access third-party websites via our Service, you accept that there are risks in doing so, and that EcoCart is not responsible for such risks. We encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

EcoCart has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third-party that you interact with through the Services. In addition, EcoCart will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

If there is a dispute between participants on our Service, or between users and any third-party, you agree that EcoCart is under no obligation to become involved. To the maximum extent permitted by applicable law, in the event that you have a dispute with one or more other users, you release EcoCart, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: ”A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

EcoPoints

Where you carry out certain activities via our Service (including clicking on certain EcoCart Offers) you will earn rewards points that we call “EcoPoints”. EcoPoints are awarded where you complete a certain action using the Service, most commonly by completing a transaction on a specific third-party merchant’s website. Where EcoPoints are applicable to a particular action, this will be indicated on the Service. Once you accumulate enough EcoPoints, you can log in and redeem it for a gift card on the EcoCart extension. Selection of merchant gift cards may vary based on program availability. Use of a third-party merchant gift card at a selected merchant will be subject to the merchant’s own terms of service.

We can afford to give you EcoPoints because these offers are designed to share with you a portion of an affiliate commission paid by a third-party merchant to us. As such we can only provide EcoPoints to you when an action is successfully completed and tracked and after we are paid the relevant commission by the third-party merchant. If we are ultimately unable to recover payment from the relevant third-party merchant, then EcoCart shall have no obligation to provide any EcoPoints to you for the action performed by you. This includes instances where there are difficulties in tracking a transaction due to your use of an ad blocker or interaction with another affiliate program. To ensure you are eligible for EcoPoints in relation to a transaction, we may require you to provide copies of your order confirmation, order number, or other proof of purchase. Additionally, you must be a Member in order to participate in the EcoPoints program.

If you have any trouble using EcoPoints then please contact us at support@ecocart.io and we will try to figure out what went wrong. In our sole discretion we may choose to award you EcoPoints if you provide enough information about your transaction. Please note that to prevent abuse your account may become ineligible for EcoPoints if tracking your transactions becomes an issue. Basically, we’re going to try to be good people and we hope you choose to do the same. This only works if everyone plays fairly.

EcoPoints are not transferable (i.e. it is personal to each User) and can expire as further explained below.

Expiration of EcoPoints

To maintain your EcoPoints points, you must earn at least 10 EcoPoints points during each consecutive 12-month period. To the maximum extent permitted by applicable law, if you do not earn at least 10 new EcoPoints in each 12-month period, your EcoPoints balance will automatically reset to zero (0). To the maximum extent permitted by applicable law, you agree that any disputes about whether your EcoPoints points should expire will be resolved by EcoCart in its sole discretion, and you agree to abide by EcoCart’s resolution of such dispute.

Referral And Other Rewards Programs

Periodically EcoCart may make you offers to receive EcoPoints or other rewards for taking actions to promote the Service, such as referring a friend (collectively “Rewards Programs”). In general, if you participate within the spirit of the program you will be rewarded. However, to protect ourselves from seen and unforeseen issues we reserve the right, in our sole discretion, to withhold such consideration, including EcoPoints, for any reason at any time with or without any cause. By participating in EcoCart Rewards Programs you accept this condition. Additionally, we may choose in our sole discretion to institute a limit on how many times you can receive each type of reward. These limits will vary from program to program. If you have questions about how many times you can participate in each Rewards Program please contact us.

EcoCart reserves the right to withhold or retract EcoPoints if it was accumulated through deceptive, artificial, or illegal means designed to cheat or game the program. (For instance, if you try to accumulate EcoPoints through use of a bot network, purchased email lists for unconsented referrals, or by engaging in repeated purchase-return behavior.)

In association with Rewards Programs you may be issued personalized links that (subject to and in accordance with our privacy policy) track traffic back to your account so that we can issue you rewards. You agree not to promote these personalized links through any unapproved channels which include but are not limited to: unsolicited email (SPAM), search advertising, display advertising, or any paid promotional channel. If you have questions about a specific promotional method please contact us for permission BEFORE you begin promoting your personalized link. Failure to do so will result in all rewards being withheld and your account potentially being suspended.

EcoCart reserves the right at any time to cancel, modify, or restrict any aspect of our Rewards Programs, including any point conversion ratios, redemption offers, expiration terms, etc. EcoCart reserves the right to apply such changes retroactively to rewards already accrued under any Rewards Program, if it determines that you have done so in violation of this Agreement.

Your Registration Information

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID email address, allows you to access the Service. That Login ID and password, together with any other contact information you provide form your “Registration Information.”

By providing us with your email address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard modern, commercially available internet browser. We may also use your email address to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data, adjust your user preferences in your account profile and /or click “Unsubscribe” in any e-mail communications we send you.

If you become aware of any unauthorized use of your Registration Information, you agree to notify EcoCart immediately.

Your Use of the Service

Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non- commercial purposes. Subject to your compliance with this Agreement, EcoCart hereby grants to you, a personal, worldwide, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to (i) use the software and content provided to you as part of the Services (for personal, non-commercial purposes; and (ii) download a single copy of our software for such use.

Accurate records enable EcoCart to provide the Service to you. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.

Your access and use of the Service may be interrupted from time to time due to third-party failures outside of our control (such as unavailability of general Internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance or repair of the Service by EcoCart. While we will make reasonable efforts to make the Service available to you, we do not promise that it will be available at all times.

You agree that EcoCart may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials (although any use of your personal information will be subject to our privacy policy).

As is further detailed in our privacy policy, EcoCart collects information about the websites that you visit in order to create a better user experience for you and other EcoCart users. Examples of this type of information include information about the products your browser visits, including the current product prices and other product details. Please consult our privacy policy for further information. In the future (and always subject to our privacy policy), we may offer personalization options in our products that utilize knowledge about what products you are interested in to present relevant content and product offers. As we explore ways to use data to build more powerful product experiences that we believe will increase your chance of time and money savings we may provide ways to opt out of this data collection, though it may result in degraded product capabilities if such data is required to provide the product experience.

You represent, warrant, and agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that:

  • Infringes or violates the intellectual property rights or any other rights of anyone else (including EcoCart);
  • Violates any law or regulation or this Agreement;
  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • Jeopardizes the security of your EcoCart account or anyone else’s (such as allowing someone else to log in to the Services as you);
  • Attempts, in any manner, to obtain the password, account, or other security information from any other User;
  • Violates the security of any computer network, or cracks any passwords or security encryption codes;
  • Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure) or that would bypass the navigational structure or presentation of the Service;
  • “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  • Copies or stores any significant portion of the Content;
  • Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; or
  • Circumvents, removes, alters, deactivates, degrades or thwarts any technological measure or content protections of the Service.

If you violate or infringe any of the rules above, we may immediately suspend or terminate your right to use or access the Services.

Electronic Notifications

EcoCart may from time to time provide automatic notifications and voluntary account-related notifications, as further explained below and subject always to our privacy policy. Our basic operating point of view is to do everything we possibly can to avoid annoying you so wherever possible we will minimize unnecessary notifications and provide configuration switches to limit unwanted communications.

Automatic notifications may be sent to you following certain changes made online to your EcoCart account, such as a change in your Registration Information.

Voluntary account notifications may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These notifications allow you to choose alert messages for your accounts. EcoCart may add new notifications from time to time, or cease to provide certain notifications at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your notifications service.

Electronic notifications will be sent to the email address you have provided as your primary email address for the Service. If your email address changes, you are responsible for informing us of that change. Changes to your email address will apply to all of your notifications.

Because notifications are not encrypted, we will never include your passcode. However, notifications may include your EcoCart login information and some information about your accounts. Anyone with access to your email will be able to view the content of these notifications. At any time you may disable certain notifications, although we may still send you Service-related notices as needed to allow us to provide you the Service.

Rights you Grant to us

By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to EcoCart through the Service, then (except for User Content, to which the specific rules below apply) you hereby give EcoCart permission to use that content solely for the purpose of providing the Service. EcoCart may use and store the content, but only to provide the Service to you. By submitting this content to EcoCart, you represent that you are entitled to submit it to EcoCart for use for this purpose, without any obligation by EcoCart to pay any fees or other limitations.

EcoCart’s Intellectual Property Rights

The contents of the Service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under copyright, trademark and other laws. The contents of the Service belong or are licensed to EcoCart or its software or content suppliers. EcoCart grants you the right to view and use the Service subject to this Agreement. Any distribution, reprint or electronic reproduction of any content from the Service other than as expressly permitted in this Agreement and without our prior written consent, is prohibited. If you would like to request such permission, shoot us an email at support@ecocart.io.

Access and Interference

You agree that you will not do stuff to make it harder for other users to enjoy our Service. We’d prefer not to have to list all of these things here, so don’t make us.

Carbon Offset Purchases

EcoCart is obligated to purchase carbon credits for all successful transactions using EcoCart, but we reserve the right to purchase credits at a date later than or prior to the date of the commission collection. EcoCart reserves the right to purchase carbon offsets from a different project than advertised. A reason for this could be if the specific project solicited is fully subscribed and funded at the time of carbon offset purchase, but the EcoCart extension and website does not reflect that. Shipping and production emissions are strictly estimates based on publicly available research and information. Items without available research are calculated based on EcoCart’s best estimate of the item’s materials and weight. All emissions calculations are subject to change at any time for any reason at the discretion of the EcoCart team.

Disclaimer of Representations and Warranties

WE THOUGHT IT WOULD BE A GOOD IDEA TO INCLUDE A SECTION THAT IS IN ALL CAPS TO GET YOUR ATTENTION SO HERE IT GOES:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. EcoCart MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

ECOCART MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. EcoCart MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY USER CONTENT THAT YOU PROVIDE, AND WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT.

Notification Disclaimer

You understand and agree that any notifications provided to you through the Service may be delayed or prevented by a variety of factors. EcoCart does its best to provide notifications in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any notification. You also agree that EcoCart shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of a notification; or for any actions taken or not taken by you or any third-party in reliance on a notification.

Limitations on EcoCart’s Liability

HERE WE GO AGAIN:

ECOCART SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, EVEN IF EcoCart HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EcoCart’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF EcoCart SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.

Your Indemnification of EcoCart

You shall defend, indemnify and hold harmless EcoCart and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees and other legal expenses, in whole or in part arising out of or attributable to your use of the Service or any breach of this Agreement by you or your violation of any law or the rights of a third-party when using the Service.

Ending your Relationship with EcoCart (and vice versa)

This Agreement will continue to apply until terminated by either you or EcoCart as set out below.

If you want to terminate this Agreement, you may do so immediately at any time by closing your account for the Service. Please use the directions below to cancel your account, only if you have created a Membership. Otherwise just uninstall EcoCart and stop visiting our Website and using other Services.

Email support@ecocart.io to cancel your account. Upon doing so:

  • your account will be closed, your EcoPoints account will be zeroed out, and your ability to log in deactivated; and
  • any data in our records will be retained subject to our privacy policy.

EcoCart may immediately, at any time, terminate this Agreement (and therefore your right to access and use the Service) by notifying you (if safe to do so) to the e-mail address provided by you as part of your Registration Information. Unless the reason for EcoCart doing this is that you have breached this Agreement in a serious way, in these circumstances, we will let you redeem your remaining EcoPoints.

Modifications

EcoCart may modify this Agreement from time to time, to reflect: (i) technological developments; (ii) changes to the Service; and (iii) changes to law and regulation. Any and all changes to this Agreement will be posted on the Website. In addition, the Agreement will always indicate the date it was last revised. These changes will not be retrospective (i.e. they will only apply from the date notified, or any later date stated in the notification). If you do not agree to the changes, you are free to exercise your right to stop using the Service and terminate this Agreement (as above). You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD-PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

If you wish to begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 340 Fremont St. Suite 205 San Francisco, CA 94015.

As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND EcoCart ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned.

If you do not want to arbitrate disputes with EcoCart and you are an individual, you may opt out of this ARBITRATION CLAUSE & CLASS ACTION WAIVER by sending an email to support@ecocart.io within thirty (30) days of the first date you access or use the Service. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

Governing Law and Forum for Disputes

This Agreement, and your relationship with EcoCart under this Agreement, shall be governed by the laws of the State of California in the United States of America without regard to its conflict or choice of laws provisions. Any dispute with EcoCart, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case EcoCart may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, EcoCart is able to offer the Service at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.

You also acknowledge and understand that, with respect to any dispute with EcoCart, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement (LAST TIME FOR ALL CAPS, PROMISE):

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

Copyright Disputes and User Content

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like EcoCart, being asked to remove user generated material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable User Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, visit here. To learn more about the DMCA, here.

Consumer Rights Notices

California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952- 5210.

Maryland Consumer Rights Notice. For Members using EcoCart’s checkout with gift card service, the Commissioner of Financial Regulation for the State of Maryland will accept all questions or complaints regarding our service provider Blackhawk Network California, Inc. (Lic# 1044077) at: Office of the Commissioner of Financial Regulation 500 N Calvert Street, Suite 402 Baltimore, Maryland 21202, or by telephone at (888) 784-0136.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if EcoCart does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which EcoCart has the benefit of under any applicable law), this will not be taken to be a formal waiver of EcoCart’s rights and that those rights or remedies will still be available to EcoCart.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

Contact Us

EcoCart welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing us at support@ecocart.io or writing us at 963 E. 4th Street, Los Angeles, CA 90013.

Supplemental Terms for Users Accessing or Using Our Services in Canada, Australia or New Zealand

Canada

If you are accessing or using our Services in Canada, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Services in Canada:

  • Application of the Canadian Provincial Consumer Laws. Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of Canadian provincial consumer laws, including any applicable statutory consumer guarantees and rights, contained in Canadian provincial law. Any disclaimer of representations or warranties, release or limitation of our liability to you shall only apply to, and be enforceable under, this Agreement to the extent permitted by law.
  • Governing Law for Consumers Residing in Quebec. If you reside in Quebec, the Agreement will be governed the laws of the Province of Quebec, without giving effect to any principles of conflicts of laws.
  • Commercial Electronic Messages: We will obtain your consent where required by law to send you Electronic Notifications, Push Messages or emails about our own and third-parties’ goods and services that may be of interest to you.

Australia

If you are accessing or using our Services in Australia, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Services in Australia:

  • Application of the Australian Consumer Law. Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), including any applicable statutory consumer guarantees, contained in the Australian Consumer Law. Any disclaimer of representations or warranties, release or limitation of our liability to you shall only apply to, and be enforceable under, this Agreement to the extent permitted by law, including the Australian Consumer Law, if applicable.
  • Indemnity. You will not be obliged to indemnify EcoCart under the section titled ‘Your Indemnification of EcoCart’ to the extent that any claims and expenses arise from the negligence or wilful misconduct of EcoCart, its officers, directors, shareholders and employees.
  • Modification. Where EcoCart modifies this Agreement, we will provide you with reasonable notice, where practicable, of such modification.
  • EcoPoints. Except in the event fraud, any cancellation, modification or restriction of any aspect of our Rewards Programs (including EcoPoints) will be effective on our provision of reasonable notice to you, where practicable, and will not apply retroactively.
  • Marketing and communications. Subject to your right to unsubscribe under ‘Your Registration Information’, you consent to receiving, and our use and disclosure of your personal information in order to send you, sponsored links from advertisers, third-party offers, EcoCart Offers, personalized links or other electronic notifications, which may be of interest to you.
  • Collection notice and consent. You acknowledge and agree that our Privacy Policy explains how, and the purposes for which we will collect, use, disclose and handle your personal information; how to access and seek correction of your personal information; how you can lodge a complaint regarding the handling of your personal information; and how we will handle any such complaint. If you do not provide us with relevant personal information, we may not be able to provide you with access to parts of the Services. You acknowledge that your personal information may be disclosed to our related entities and to third parties that help us deliver our Services (subject to and in accordance with our privacy policy), including parties located outside of Australia, such as in the United States and the European Union.

New Zealand

If you are accessing or using our Services in New Zealand, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Services in New Zealand:

  • Application of New Zealand consumer laws. Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of mandatory provisions of New Zealand consumer law, such as the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. Any disclaimer of representations or warranties, release or limitation of our liability to you shall only apply to, and be enforceable under, this Agreement to the extent permitted by law.
  • Indemnity. You will not be obliged to indemnify EcoCart under the section titled ‘Your Indemnification of EcoCart’ to the extent that any claims and expenses arise from the negligence or other unlawful act or omission of EcoCart, its officers, directors, shareholders and employees.
  • Modification. Where EcoCart modifies this Agreement, we will provide you with reasonable notice, where practicable, of such modification.
  • EcoPoints. Except in the event fraud, any cancellation, modification or restriction of any aspect of our Rewards Programs (including EcoPoints) will be effective on our provision of reasonable notice to you, where practicable, and will not apply retroactively.

Commercial Electronic Messages: We will obtain your consent where required by law to send you Electronic Notifications, Push Messages or emails about our own and/or third-parties’ goods and services that may be of interest to you. We will comply with all applicable legal requirements in relation to the electronic messages we send you, and will ensure that any text messages you receive are not billed to you unless you have specifically consented to the associated fees and charges.