Terms of Use

These Terms of Use were last updated on May 14, 2008

Welcome to our Web Site.

IMPORTANT! PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. YOU AGREE TO THESE TERMS OF USE BY ACCESSING THIS WEB SITE, REGISTERING FOR THIS WEB SITE, BY POSTING A COMMENT TO A BLOG OR ARTICLE OR IN A FORUM, OR BY ACCEPTING OR DOWNLOADING ANY INFORMATION AND CONTENT FROM THIS WEB SITE. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS SET FORTH BELOW, DO NOT USE THIS WEB SITE.

1. Acceptance of Terms. This web site ("Web Site") is provided by Eden Industries, LLC d/b/a Ecobrownstone™ ("Ecobrownstone", "we," "our," or "Company"). Your use of this Web Site is subject to the following Terms of Use ("Terms of Use"). By accessing and using the Web Site, or posting a comment to a blog or article or in a forum, or by downloading materials from the Web Site, you accept and agree to, without limitation or qualification, these Terms of Use. Ecobrownstone™ reserves the right, in its sole discretion, to modify, alter or otherwise change these Terms of Use at any time. Please check these Terms of Use periodically for changes. By using this Web Site after any changes to these Terms of Use are posted, you are indicating your renewed agreement to be bound by any such changes. Please also review our Privacy Policy.

2. General. By accessing or linking to this Web Site, you assume the risk that this Web Site and all of the content it contains, or may in the future contain, including, but not limited to, articles, opinions, other text, blogs, directories, guides, photographs, illustrations, images, video and audio clips, RSS feeds and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Content") on this Web Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. Further, we may add, change, discontinue, remove or suspend any of the Content at any time, without notice to you and without liability. Ecobrownstone™ assumes no obligation to update the Content.

3. Trademarks, Copyrights and Restrictions. “Ecobrownstone” is our service mark or registered service mark or trademark. The Content is owned by Eden Industries, LLC d/b/a Ecobrownstone™; affiliates, directors, officers, partners, employees, suppliers, licensors, agents, and assigns (collectively, the "Ecobrownstone™ Affiliates"); or third parties, and is protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Nothing contained in these Terms of Use or on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content in any manner without the prior written consent of a duly authorized employee of Ecobrownstone™ or such third party that may own the Content displayed on the Web Site. Unless otherwise specified hereunder, you may not sell, rent, modify, reproduce, display, distribute, redistribute, republicize, retransmit, participate in the transfer or sale, create derivative works, or in any way exploit or otherwise use the Content, in whole or in part, in any way without the respective owner's prior written consent.

ANY UNAUTHORIZED USE, REUSE, POSTING, REPOSTING, DISPLAY, PERFORMANCE, SALE, FRAMING, COPYING, REPRODUCTION, MODIFICATION, PUBLISHING, REPUBLISHING, UPLOADING, DOWNLOADING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER USE OF THE CONTENT IS STRICTLY PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF A DULY AUTHORIZED ECOBROWNSTONE™ EMPLOYEE. As a user of the Web Site, you agree not to use the Content for any unlawful purposes and not to violate Ecobrownstone™'s rights or the rights of others. Ecobrownstone™ reserves the right to object or otherwise take action against any such use.

4. Copyright complaints. Ecobrownstone™ respects the intellectual property of others, and we ask our users to do the same. Ecobrownstone™ may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on the Web Site in a way that constitutes copyright infringement, or that the Web Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Ecobrownstone™ by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to us as set forth below:
  1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Ecobrownstone™ to locate the material;
  4. Information reasonably sufficient to permit Ecobrownstone™ to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

Send notices to:
General Counsel
Ecobrownstone™
168 Clinton St.
Brooklyn, NY 11201
Telephone (718) 852-2469
Fax (718) 228-7343
legal@ecobrownstone.com

For communications on other matters, please e-mail info@ecobrwonstone.com.
 
5. Forward-Looking Statements. The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

6. Disclaimers. THE WEB SITE, THE CONTENT, AND ALL E-MAILS AND RSS FEEDS, SENT BY ECOBROWNSTONE™ OR THE ECOBROWNSTONE™ AFFILIATES ("E-MAILS") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THIS WEB SITE, THE CONTENT, AND THE E-MAILS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS.

ECOBROWNSTONE™ AND THE ECOBROWNSTONE™ AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY FACTS, ADVICE, OPINIONS, VIEWS, STATEMENTS, RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED ON OR DISTRIBUTED THROUGH THE WEB SITE, THE CONTENT, AND/OR THE E-MAILS, NOR UNDETAKE ANY DUTY TO UPDATE ANY SUCH MATERIALS. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, ADVICE, OPINIONS, VIEWS, STATEMENTS RECOMMENDATIONS, OR OTHER INFORMATION IS AT YOUR SOLE RISK AND THAT NEITHER ECOBROWNSTONE™ NOR THE ECOBROWNSTONE™ AFFILIATES GIVE TAX, LEGAL OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT.

REFERENCE TO ANY PRODUCT, PROCESS, PUBLICATION OR SERVICE OF ANY THIRD PARTY BY TRADE NAME, DOMAIN NAME, TRADEMARK, SERVICE MARK, LOGO, MANUFACTURER OR OTHERWISE, OR TO ANY THIRD PARTY SERVICE PROVIDER LISTED IN THE DIRECTORY OF THIS WEB SITE OR ELSEWHERE ON THE WEB SITE, DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY ECOBROWNSTONE™ OR THE ECOBROWNSTONE™ AFFILIATES. ECOBROWNSTONE™ AND THE ECOBROWNSTONE™ AFFILIATES DO NOT INDEPENDENTLY VERIFY, AND TAKE NO RESPSONSIBILITY FOR THE ACCURACAY OF, ANY INFORMATION PROVIDED BY A THIRD PARTY IN A LISTING IN THE DIRECTORY CONTAINED ON THE WEB SITE.

ECOBROWNSTONE™ AND THE ECOBROWNSTONE™ AFFILIATES MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE SUITABILITY, FUNCTIONALITY, AVAILABILITY OR OPERATION OF THIS WEB SITE, THE CONTENT, OR THE E-MAILS. THIS WEB SITE MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT. ECOBROWNSTONE™ DOES NOT WARRANT THAT THE CONTENT, THE WEB SITE, OR THE E-MAILS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE WEB SITE, THE CONTENT, OR THE E-MAILS WILL BE CORRECTED, OR THAT THE WEB SITE, THE SERVERS THAT MAKE THE WEB SITE AND/OR THE CONTENT AVAILABLE, AND THE E-MAILS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
THE WEBSITE IS NOT A FORUM FOR THE EXCHANGE OF MEDICAL INFORMATION, ADVICE OR THE PROMOTION OF SELF-DESTRUCTIVE BEHAVIOR (E.G., EATING DISORDERS, SUICIDE). THE INFORMATION ON THIS WEBSITE IS PROVIDED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY, AND IS IN NO WAY INTENDED TO DIAGNOSE, CURE, OR TREAT ANY MEDICAL OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR MEDICAL RISKS ASSOCIATED WITH DECISIONS.

THIS WEB SITE DOES NOT PROVIDE LEGAL, ACCOUNTING, TAX OR FINANCIAL ADVICE.

7. Third Party Content.  Third party content may appear on the Web Site or may be accessible via links from the Web Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Web Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
Certain of the content on this site is copyrighted by external experts, contributors and bloggers, or other third parties. This content is provided “as is” without warranty of any kind. Neither we, nor any data suppliers make any warranty whatsoever as to the accuracy or completeness of the content or the results to be obtained from using the information contained therein and neither we nor any data suppliers will be responsible for any claims attributable to errors, omissions, or other inaccuracies in the information contained in the content. The entire risk for the results and performance of the content is assumed by the user. Further, neither we nor any of our data suppliers make any representations or warranties, either express or implied, with respect to the content, including, but not limited to, the quality, performance, merchantability or fitness for a particular purpose of the content or any information contained therein. In no event will we or any data suppliers be liable for direct, indirect, special, incidental, or consequential damages arising out of the use of or inability to use the content or for any loss or damage of any nature caused to any person as a result of that use.
Material contained in the content may not be duplicated or redistributed without the prior written consent of us and the copyright holder, except that one print copy of search output is permitted for use within the user’s organization and that search output may be stored temporarily in electronic media for editing or reformatting and subsequent printing of one print copy of search output for internal use.
Advertising and sponsored links found on content pages from third party providers are not provided by those content providers and are not endorsements.

8. Your Use Of The Web Site. In compliance with the Children’s Online Privacy Act of 1998, Ecobrownstone™ does not accept registrations from persons under the age of 13. Ecobrownstone™ does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using portions of the Website for which registration is required, such as our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us. By registering on the Web Site forum or posting a comment to a bog you represent that you are at least 13 years old.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Web Site strictly in accordance with this Agreement; (b) to use the Web Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Web Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Web Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
When using the Web Site, You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web Site and the Content provided therein. You are prohibited from: (i) violating any law; (ii) violating any right of Ecobrownstone™ or any third party, including, without limitation, intellectual property rights; (iii) uploading or transmitting viruses, Trojan horses or other harmful, disruptive or destructive files or otherwise interfering with any third party's uninterrupted use and enjoyment of the Web Site; and/or (iv) using or attempting to use another's information, account, password, service or system except as expressly permitted.
You understand that the technical processing and transmission of the Web Site, including any content you provide through posting on the forum or comments to articles or blogs, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Web Site and software embodied within the Web Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Ecobrownstone™ and/or content providers who provide content to the Web Site. You may not attempt to override or circumvent any of the usage rules embedded into the Web Site. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

9. Content You Submit to the Web Site. Please do not send unsolicited materials or other information to the Web Site, Ecobrownstone™, or the Ecobrownstone™ Affiliates ("User Submissions"). However, please be aware that all User Submissions (except as otherwise described in our Privacy Policy) will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure. By sending User Submissions to the Web Site, Ecobrownstone™, or the Ecobrownstone™ Affiliates, you represent that such materials are accurate and original with you and do not violate the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. When you send User Submissions to the Web Site, Ecobrownstone™ or the Ecobrownstone™ Affiliates, you irrevocably grant to Ecobrownstone™ and the Ecobrownstone™ Affiliates a non-exclusive, worldwide, royalty-free license containing, without limitation, all right, title and interest in your User Submissions, including, without limitation, all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author's rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in your User Submissions. You further agree that Ecobrownstone™ and the Ecobrownstone™ Affiliates will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, display, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, any of your User Submissions or portions of your User Submissions, and your name, voice, likeness and other identifying information, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products using such User Submissions. You hereby waive any moral rights you may have in and to any of your User Submissions, even if such material is altered or changed in a manner not agreeable to you. You agree and understand that Ecobrownstone™ and Ecobrownstone™ Affiliates are not obligated to use your User Submissions, and may alternatively choose to discard your User Submissions without any liability whatsoever.

10. Forum Posting Rules and MonitoringOur goal is to provide an enjoyable and informative online experience for our users, so we may monitor activity on the Web Site, including in the forum, to foster compliance with this Agreement. All users of the Web Site hereby specifically agree to such monitoring. Nevertheless, we do not make any warranties or guarantees that: (1) the Web Site, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a dispute regarding compliance or non-compliance with this Agreement.
You agree that, when posting a comment to an article or blog, or making a posting to the forum, you will not:

a. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. upload, post, email, transmit or otherwise make available any content that shows nudity, partial nudity or adult content;
c. upload, post, email, transmit or otherwise make available any content that exhorts others to commit illegal acts;
d. harm minors in any way;
e. impersonate any person or entity, including, but not limited to, an Ecobrownstone™ official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
f. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Web Site;
g. upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
h. upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
i. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose.
j. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
k. repost content that was deleted;
l. post or submit links on behalf of someone else that was banned from the Web Site;
m. allow usage by others in such a way as to violate this Agreement;
n. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Web Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
o. interfere with or disrupt the Web Site or servers or networks connected to the Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site;
p. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
q. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
r. "stalk" or otherwise harass another;
s. upload, post, email, transmit or otherwise make available any content that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
t. upload, post, email, transmit or otherwise make available any content that includes personal or identifying information about another person without that person's explicit consent;
u. upload, post, email, transmit or otherwise make available any content that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
v. use Ecobrownstone™ as a forwarding service to another website;
w. solicit passwords or personal identifying information for unintended, commercial or unlawful use from other users;
x. exceed the scope of your right to post comments to the Web Site; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people’s entries or other content when you have not been granted the privileges to do so;
y. upload, post, email, transmit or otherwise make available any content that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by New York law; and/or
z. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.

The IP address of all posts are recorded to aid in enforcing these conditions.  As a user you agree to any information you have entered to being stored in a database. While this information will not be disclosed to any third party without your consent, neither Ecobrownstone™ nor phpBB (the forum software and bulletin board solution) shall be held responsible for any hacking attempt that may lead to the data being compromised.

You acknowledge and understand that Ecobrownstone™ may or may not pre-screen content posted by you, but that Ecobrownstone™ and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any such content for any reason. Without limiting the foregoing, Ecobrownstone™ and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Ecobrownstone™ or submitted to Ecobrorwnstone™, including without limitation information in Ecobrownstone™ message boards and in all other parts of the Web Site.

You acknowledge, consent and agree that Ecobrownstone™ has the right to access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties, including removing the content from the Web Site; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Ecobrownstone™, its users and the public. Further, Ecobrownstone™ reserves the right to cooperate with legitimate law enforcement requests for information at its sole discretion.

You agree that Ecobrowstone™ may, under certain circumstances and without prior notice, immediately terminate your account, ability to post comments in the forum or to articles or blogs, and access to the Web Site, with notification to your Internet Srvice Provider if deemed required by us. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) repeat postings of material in violation of copyright law or other terms of this Agreement, (c) requests by law enforcement or other government agencies, (d) a request by you (self-initiated account deletions), (e) discontinuance or material modification to the Web Site (or any part thereof), (f) unexpected technical or security issues or problems, (g) extended periods of inactivity, (h) engagement by you in fraudulent or illegal activities, and/or (i) nonpayment of any fees owed by you in connection with the Web Site. Termination of your Ecobrownstone™ account includes (a) removal of access to all offerings within the Web Site, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Web Site. Further, you agree that all terminations for cause shall be made in Ecobrownstone™'s sole discretion and that Ecobrownstone™ shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

11. Registration. Certain areas of the Web Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Content or participate in certain features of the Web Site. When you provide information to the Web Site, you agree to provide only true, accurate, current and complete information on all registration pages. If you register with the Web Site, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Web Site using your name in whole or in part. Ecobrownstone™ reserves the right to terminate membership and/or deny access to the Web Site to any person in its sole discretion.

12. Linking Policy and Links to Third Party Web Sites. If you link to this Web Site, we require that you follow these guidelines. The link to this Web Site must not damage, dilute or tarnish the goodwill associated with any Ecobrownstone™ names and/or intellectual property, nor may the link create the false appearance that your web site and/or organization is sponsored by, endorsed by, affiliated and/or associated with Ecobrownstone™. You agree that you will not link to the Web Site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate. Under no circumstances may you "frame" this Web Site or alter its Content in any way. Ecobrownstone™ reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with the Web Site and/or these Terms of Use.

This Web Site also contains links or references to other web sites maintained by third parties over which Ecobrownstone™ has no control. Ecobrownstone™ is not responsible for the content or performance of other web sites to which this Web Site may be linked or from which this Web Site may be accessed. Ecobrownstone™ makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any content or information contained in such web sites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply any endorsement or recommendation by Ecobrownstone™. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

13. E-mails The contents of an e-mail (including any attachments) that you receive from any system of Ecobrownstone™ or the Ecobrownstone™ Affiliates are confidential to the sender and the intended recipient. The information contained in such e-mail may also be subject to legal privilege or otherwise protected from disclosure. If you are not the intended recipient, you may not copy, forward, disclose or otherwise use any part of such email in any form whatsoever. Please delete and destroy all copies of the email in your possession. Please also reply to the sender and notify him or her that you have received such e-mail in error. Any views or opinions expressed in an e-mail that you receive from any system of Ecobrownstone™ or the Ecobrownstone™ Affiliates are solely those of the author of such email and do not necessarily represent those of Ecobrownstone™ or its affiliates unless specifically stated. The content of an e-mail that you receive from any system of Ecobrownstone™ or the Ecobrownstone™ Affiliates does not create, amend, modify or form any part of a contract, an entitlement or a binding obligation unless specifically stated. E-mail messages may contain computer viruses or other defects. It is your responsibility to carry out appropriate virus and other checks to ensure that e-mail messages and attachments do not damage your systems or data. E-mail messages may not be accurately replicated on other systems, or may be modified, deleted or intercepted without the knowledge of the sender or the intended recipient. You should also be aware that e-mail submissions over the Internet may not be secure, and you should consider this before e-mailing the web site, Ecobrownstone™ or the Ecobrownstone™ Affiliates any information. Neither Ecobrownstone™ nor any of the Ecobrownstone™ Affiliates are responsible for any improper, untimely, or incomplete transmission. Please note that Ecobrownstone™ and the Ecobrownstone™ Affiliates reserve the right to intercept, monitor, review and retain e-mail messages from external and internal sources as permitted by applicable law.

14. Privacy Policy. Please review our Privacy Policy, as it may be amended from time to time. The Privacy Policy is incorporated by reference herein and is a part of this agreement.

15. Limitations of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ECOBROWNSTONE™ OR THE ECOBROWNSTONE™ AFFILIATES BE LIABLE TO YOU FOR DAMAGES OF ANY KIND WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM OR IN CONNECTION WITH THIS WEB SITE, THE CONTENT, THE E-MAILS, OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE WEB SITE, THE CONTENT, OR THE E-MAILS, EVEN IF ECOBROWNSTONE™ OR THE ECOBROWNSTONE™ AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE WEB SITE, THE CONTENT, OR THE E-MAILS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL ECOBROWNSTONE™ OR THE ECOBROWNSTONE™ AFFILIATES BE LIABLE FOR ANY DAMAGES TO ANY COMPUTER EQUIPMENT OR PROPERTY IN CONNECTION WITH ANY SECURITY BREACH, VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
IN NO EVENT WILL ECOBROWNSTONE™ OR THE ECOBROWNSTONE™ AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL ECOBROWNSTONE™ OR THE ECOBROWNSTONE™ AFFILIATES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

16. Indemnification. By accessing this Web Site, you agree to indemnify, defend and hold harmless Ecobrownstone™, and the Ecobrownstone™ Affiliates from and against any actual or alleged claims, demands, causes of action, judgments, liabilities, losses, damages, and all costs and expenses of defense (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your breach of your representations; (b) your violation of these Terms of Use or any law; (c) a claim by a third party that is based on your use of this Web Site and/or the Content; (d) Ecobrownstone™ and/or the Ecobrownstone™ Affiliate's use of any information you provide; or (e) any misrepresentation made by you. You will cooperate as fully and as reasonably required in Ecobrownstone™'s defense of any claim. You shall not in any event settle any matter without the written consent of Ecobrownstone™. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

17. Location/Governing Law. Ecobrownstone™ operates the Web Site in the United States. Information contained on the Web Site may not be appropriate or available for use in other locations, and access to this Web Site from territories where the Content of the Web Site may be illegal is prohibited. If you access the Web Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. You may not use the Web Site or export the Content in violation of U.S. export laws and regulations.

These Terms of Use and your use of the Web Site shall be construed, enforced, and governed in accordance with the laws of the United States of America and the State of New York without regard to its conflicts of laws principles and will specifically not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable.

If a dispute arises from or relates to this contract or the breach thereof, the parties hereto shall endeavor to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. Any unresolved controversy or claim arising from or relating to this contract or breach thereof shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If all parties to the dispute agree, a mediator involved in the parties’ mediation may be asked to serve as the arbitrator.  The arbitration proceedings shall be conducted before a panel of three neutral arbitrators, all of whom shall be members of the bar of the state of New York, actively engaged in the practice of law for at least ten years and, if the dispute is related to intellectual property, each arbitrator will have experience in that area of the law. The arbitrators will be selected from a panel of persons having experience with and knowledge of electronic computers and the computer business.

The place of the arbitration shall be New York City, NY. The language of the arbitration shall be English.

However, notwithstanding any other provision of this Terms of Use, you agree that in the event of any dispute between the parties, the damages, if any, caused to you are not irreparable or sufficient to entitle you to enjoin or restrain the development, production, launch, advertising, exhibition or exploitation of the Web Site or any audio visual media, web site, property, production or materials owned or controlled by Ecobrownstone™ or the Ecobrownstone™ Affiliates.

18. Miscellaneous. Ecobrownstone™ will determine your compliance with these Terms of Use in its sole discretion. Any violation of these Terms of Use may result in restrictions on your access to all or part of the Web Site and may be referred to law enforcement authorities. No waiver of any of these Terms of Use shall be of any force or effect unless made in writing and signed by a duly authorized officer of Ecobrownstone™. Ecobrownstone™ reserves the right to modify or discontinue this Web Site, or any portion thereof, without liability or notice to you or any third party. Upon termination of your access to the Web Site, or upon demand by Ecobrownstone™, you must destroy all materials obtained from this Web Site and all related documentation and all copies and installations thereof. If any provision of these Terms of Use is held to be unlawful, void or unenforceable by any court having competent jurisdiction, then such provision shall be severable without affecting the enforceability of all remaining provisions, which will remain in full force and effect. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.

 


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