Terms and Conditions

General

EcoSmart Green Energy Products, Inc. and its affiliates (“EcoSmart”) provide this website as a service to its customers, prospective customers, distributors, dealers, and others. Except as otherwise set forth herein, these general terms and conditions of use (“Terms and Conditions”) govern your use of this website (the “Site” or “website”) and any products purchased from EcoSmart from the Site (the “Products”).

EcoSmart reserves the right to change or delete the contents of this website, including, but not limited to specifications or designs of its products at any time without notice.

Acceptance of Terms and Conditions of Use
By accessing and using the Site, you acknowledge that you have read and agree to these Terms and Conditions.  If you place an order for any Products with EcoSmart, you must indicate your consent to these Terms and Conditions prior to placing your order.  If you do not agree to be bound by these Terms and Conditions, then you are requested to immediately exit the Site.  EcoSmart may take any actions it deems appropriate, including, but not limited to, restricting your access to the Site or Products if EcoSmart determines in its sole discretion that you have violated these Terms and Conditions.

Revisions to Terms and Conditions
Please refer to these Terms and Conditions regularly.  EcoSmart reserves the right to modify these Terms and Conditions at any time in its sole discretion and without notice. Any such modifications shall be effective immediately upon posting of the modified agreement. Your continued access or use of this Site constitutes acceptance of the terms and conditions stated at the time of access or use.  EcoSmart may at any time and without prior notice revise these Terms and Conditions by updating this posting.

Purchase of Products

  1. Installation and Repair Information.  Many Products sold through this website should be installed and repaired by qualified service professionals.  EcoSmart strongly encourages you to refer to the use & care manual or installation manual of the Product for more information.  This website may contain general information to aid qualified service professionals in the repair of certain products and parts. The complete model number and serial number of the unit under repair should be specified when selecting and ordering replacement parts.  Specifications and illustrations are subject to change without notice.  EcoSmart assumes no responsibility or liability for acts or omissions, errors, mistakes, or negligence of the purchaser or any other person or entity.  The purchaser is responsible for choosing the appropriate products and parts and must verify the proper and safe operation of equipment after the replacement of any original components.

Site Content

  1. Corporate Identification and Trademarks.  All registered or unregistered corporate names, trademarks, service marks, logos, and other source-identifying designations (collectively “Marks”) used or referred to on this website are the property of EcoSmart Green Energy Products, Inc. (“EcoSmart”) unless otherwise noted. Unauthorized use of the Marks is prohibited.
  2. Proprietary Rights to Content.  All content, including but not limited to information, all written materials, catalogs, photographs, computer programs, applications, computer code (including source code and object code), illustrations, artwork, designs, graphics, layout, data, logos, messages, the HTML code that EcoSmart creates to generate the Site, or other materials (collectively, “Content”) included on the Site is the property of EcoSmart or content providers of EcoSmart and are protected by copyright, trademark, service mark, trade dress, patent, trade secret, or other intellectual property rights and laws.  No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes, and other proprietary rights of EcoSmart and content providers of EcoSmart is granted to or conferred upon you. The downloading, reproduction, printing, copying, storage, or distribution of any Content, other than for non-commercial individual use, is strictly prohibited. The use of any Content for a commercial purpose, without the express written consent of EcoSmart, violates EcoSmart copyrights, trademark rights, and other intellectual property rights any may be a violation of federal law subject to criminal and civil penalties.
  3. Third party content.  EcoSmart claims no proprietary rights to, or affiliation with, any third party trademarks or logo references or appearing on the Site.  You should not infer any affiliation, sponsorship or endorsement from the use of third party marks on the Site as such marks are used solely to designate certain products or services as belonging to their respective owners.
  4. Disclaimer.  SITE INCLUDES CONTENT AND INFORMATION THAT IS SUBJECT TO CHANGE WITHOUT NOTICE.  WHILE ECOSMART DESIRES THAT THE CONTENT AND INFORMATION ON THE SITE BE UP-TO-DATE AND ACCURATE, IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF SUCH CONTENT AND INFORMATION.  ECOSMART DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE CONTENT OR INFORMATION ON THE SITE OR THE ACCURACY OR RELIABILITY OF SUCH CONTENT OR INFORMATION.

Information Privacy and Security
Except as otherwise provided in these Terms and Conditions, EcoSmart seeks to protect the privacy of personal information you submit over the Site.  Please review the EcoSmart’s Privacy Policy for more information about how EcoSmart handles personal information, which may be accessed at www.EcoSmart.com at the footer of the screen.  However, the security of the Internet cannot be guaranteed and therefore EcoSmart cannot assure your privacy.  EcoSmart is not responsible for any unauthorized access to communications that you submit over the Internet.

Any communication or material you transmit to the Site by electronic mail or otherwise, will be treated in accordance with our Privacy Policy. By transmitting or posting any communications or materials to this site, you agree that EcoSmart or any of its affiliates may use your communications or materials for any purpose, including reproduction, transmission, publication, broadcast and posting. EcoSmart and its affiliates are free to use any ideas, concepts or know-how contained in such communications or materials for any purpose whatsoever including, but not limited to developing, manufacturing, distributing and marketing products using such information.

Links
EcoSmart may, from time to time, provide links to third-party websites not associated with EcoSmart.  These third-party websites contain information created, published, maintained, or otherwise posted by companies, organizations, or others independent of EcoSmart.  EcoSmart makes no representations whatsoever about any third-party website to which you may have access through the EcoSmart website.  EcoSmart has not reviewed and is not responsible for such linked websites or the content of any of the linked websites.  When you access such a third party website, you do so at your own risk and acknowledge that EcoSmart is not responsible or liable for any content, advertising, products, or other materials available from such websites. You also agree that EcoSmart shall not be liable for any loss or damage of any sort incurred as a result of your use of any third party website.

Mention on the EcoSmart website of any third-party company or website, or to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise, is for informational purposes only and does not constitute an endorsement, recommendation, approval, or certification by EcoSmart.

User Conduct
You will not make any unauthorized use of this website or any content or features available on this website. You are responsible for all use of your account (including username and password, if any) and shall be solely responsible for maintaining the security of your passwords. You agree that all the information and content posted or accessed in restricted password protected areas of the website is confidential to EcoSmart and will be used only for your personal and internal purposes. You may not engage in any conduct or action that is prohibited by law or violates any country, federal, state, or local laws.

WARRANTY DISCLAIMER
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL PRODUCTS, INFORMATION, CONTENT AND SERVICES MADE AVAILABLE ON OR THROUGH THE SITE, ARE PROVIDED “AS IS.”  ECOSMART AND ITS AFFILIATES AND THEIR EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENT OR SERVICES OF THE SITE, ANY PRODUCTS, OR HYPERTEXT LINKS TO OTHER OUTSIDE WEBSITES.  ECOSMART AND ITS AFFILIATES AND THEIR EMPLOYEES AND AGENTS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  MOREOVER, ECOSMART DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND MATERIAL ACCESSIBLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY
ECOSMART AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR PERFORMANCE OF, OR THE INABILITY TO USE, THE SITE, THE PRODUCTS, OR INFORMATION OR FUNCTIONS ON SUCH SITE, EVEN IF ECOSMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL ECOSMART AND ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR PURCHASING PRODUCTS.

Indemnification
You agree, at your expense, to indemnify, defend, and hold harmless EcoSmart, its officers, directors, employees, agents, affiliates, distributors, dealers, and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action, or proceeding arising out of your breach of these Terms and Conditions or in connection with your use of this website or any product, including the Products, or service related thereto.

General
These Terms and Conditions and all information on the Site are governed by and will be construed in accordance with the laws of the State of Georgia and of the United States of America, without regard to conflict of law principles.  Although users outside of the United States may have access to the Site or Products, the information contained herein is intended only for use by residents of the United States.  EcoSmart specifically reserves all rights to limit provision of our Products to select persons, countries or geographic regions.  The venue for any matter relating to or arising from this site will be in the state or federal court of competent jurisdiction in the State of Georgia.

Waiver/Severability
The waiver by either party of a breach or right under these Terms and Conditions will not constitute a waiver of any subsequent breach or right. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and conditions, which will otherwise remain in full force and effect.

Entire Agreement
These Terms and Conditions constitute the entire agreement between you and EcoSmart concerning the use or access of this website.

Reservation of Rights
Any rights not expressly granted herein are reserved.

Contact Us
For further information or to contact us with questions, concerns, or comments, please contact us through the form at the top of the screen.  Although EcoSmart will, in most circumstances, be able to receive your email or other information provided through the Site, EcoSmart does not guarantee that it will receive all such email or other information timely and accurately.  EcoSmart shall not be legally obligated to read, act on, or respond to any such email or other information.

Use of this site signifies your agreement to the Terms and Condition of Use.

 

By continuing to use this website, you agree to our use of cookies. For more information, see our Privacy Statement.

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