ECO-SAFE Terms & Conditions

This is the part where really smart attorneys use confusing grammer to talk about the legal parts of our little company so we can continue to do what we do! :-)

BY USING ANY WEBSITES, SUBDOMAINS, OR ELECTRONIC SERVICES OFFERED BY ECO-SAFE.COM (ECO-SAFE Foundation), OR BY ELECTRONICALLY ACCEPTING (BY CLICKING AN "I ACCEPT" BUTTON OR CHECKBOX IN THE REGISTRATION PAGES OF THE ECO-SAFE.COM SERVICE, YOU ARE HEREBY AGREEING TO THESE TERMS OF SERVICE AND ANY TERMS INCORPORATED HEREIN BY SPECIFIC REFERENCE.

Please Read the Following Terms and Conditions Carefully. By using ECO-SAFE Foundation ('Foundation') pages and services on ECO-SAFE.COM ('Site'), you agree to these terms and conditions. If you do not agree, you should not use this site or ECO-SAFE.COM services. These terms and conditions may be changed or updated from time to time. Copyright ECO-SAFE Foundation. All rights reserved.

The Foundation considers framing, the practice of intact reproduction of a page or pages of one website into another website, to be deceptive and a violation of the ECO-SAFE Foundation' copyright rights. No authorization or permission is given for framing our content, whether in whole or in part. The text, layouts, graphics, and logos at this site and those of any of the ECO-SAFE.COM's related, affiliated, or subsidiary units are protected by U.S. copyright, trademark, service mark or other proprietary rights and laws.

Restrictions and Limitations of Liability:
The Foundation and its related, affiliated and subsidiary units will not be liable for any damages or losses caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. The Foundation will not be liable for any damages or losses, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site or a site which is linked to this site, even if there is negligence on the part of the Foundation or an authorized Foundation representative has been advised of the possibility of such damages, or both. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the Foundation' liability in such jurisdictions shall be limited to the extent permitted by law. The Foundation total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site.

This site may be linked to other sites that are not maintained by the Foundation. The Foundation is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by the Foundation of the sites. The Foundation makes no representations whatsoever about any other Website which you may access through this one.

Submissions
All remarks, suggestions, ideas, graphics, or other information communicated to the Foundation through this site (collective, the "Submission") will forever be the property of the Foundation. The Foundation will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Foundation operations. The Foundation will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you own whatever material you submit, and use of your Submission by theFoundation will not infringe or violate the rights of any third party.

Disclaimer The material in this site could include technical inaccuracies or typographical errors. The Foundation may make changes or improvements at any time. The Materials in this site are provided "AS IS" and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law, the Foundation disclaims all warranties or merchantability and fitness for a particular purpose. The Foundation does not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. The Foundation does not warrant or make any representations regarding the use of or the result of the use of the material in this site in terms of their correctness, accuracy, reliability, or otherwise.

The Foundation can revise these Terms and Conditions at any time by updating this posting. Information on the Site, or those of any of the Foundation's related, affiliated, or subsidiary units is provided with the understanding that the Foundation is not rendering professional advice or recommendations. You should not rely on any information on these pages to replace consultations with qualified professionals to meet your individual needs.

Trademark Information
The ECO-SAFE Merit Badge emblem and the ECO-SAFE.COM name are federally protected marks of The ECO-SAFE Foundation (see United States Code, Title 18, Section 706). All other trademarks displayed on this site or through links to other sites are the property of the respective trademark owners.

Support
You agree that your use of the services is at your own risk. The Foundation, its officer's, directors and employees are not responsible for your use of the Services.

Donations
The Foundation is not responsible for any dissatisfaction you may have regarding the recipient organisation's use of any donation you may make through the Website or websites powered by us.

Rights to display the ECO-SAFE.COM Merit Badge, certification, emblem, or logo.
You agree to use only the HTML source code provided by the Foundation for the display of the ECO-SAFE merit badge certification image. You agree to only place this HTML code on sites that are actively listed in your account. The ECO-SAFE image shall at all times be served only from the Foundation's designated servers and remain under the full control of the Foundation. The Foundation shall have the right to discontinue the serving of the ECO-SAFE image should any Web site, or other material being examined that is used in connection with the Web site or its services, fail to pass good faith audits by the Foundation, or those of any of the Foundation's related, affiliated, or subsidiary units. Should you discontinue services with ECO-SAFE you agree to immediately remove all HTML source code supplied by the Foundation from your servers. You are prohibited from using ECO-SAFE materials for or on behalf of any other organization or in connection with any domain name and/or organization name other than those with active account standings by the Foundation, and enrolled and established under your ECO-SAFE account.

Indemnity
You agree to indemnify, hold harmless, and defend the Foundation, its officers, directors, employers, agents, suppliers, licensors, and third party information providers, or other related parties from and against all losses, damages, costs, and attorney's fees ("Claims") resulting from violation of these Terms or any action, whether intentional, malicious, inadvertent, wrongful or negligent, related to your account, your use of the Services or any other person or persons who use your user account. The Foundation does NOT indemnify you against such Claims made against you by others as a result of your use of the Services. The Foundation's Services are provided on an "As Is, As Available" basis without any warranty of any kind. You understand that assessing ecological practices may be difficult. The Foundation makes no warranty that the Services will help make every practice of your business more ecologically safe, or that the solutions suggested and advice provided will be complete or error-free. The Foundation shall be held harmless and free from all liabilities for any use or application of the information provided by the Foundation in connection with using the services. Additionally, the Foundation makes no warranty that the services will always be available, that they will be error free, that they are free from viruses or harmful components, or that they will meet your requirements. You use the Services or any related third party services at your own risk. You are solely responsible for any damage to your Devices as a result of using the services. THE FOUNDATION MAKES NO WARANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES.

Ecological Audits
You hereby authorize the Foundation to perform "ecological audits," as defined below, on any websites and domains specified in your ScanAlert account. Ecological audits are performed with the assistance of the Foundations employees or its appointed contractors, and may from time to time include additional inquiries into website, business, or organization practices. Ecological audits typically include, but are not limited to, port scanning and port connections, evaluating services by checking versions and responses to certain requests, and crawling a website to perform testing of forms, application responses, or the confirm the existence of certain files.

Governing Law
These Terms will be governed by California and controlling U.S. Federal Law. These Terms and Conditions will be governed and be interpreted pursuant to the laws of California, United States of America, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of this site shall be filed only in the federal courts located in California. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site or service.

The Foundation reserves the right to cancel your membership without notice at any time.

Pheww! All done, you can have your sanity back now :)