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By using the EcoHabitude.com website, the EcoHabitude smartphone application, and/or any other EcoHabitude platforms where this policy may be linked (collectively the "Site"), you agree to follow and be bound by these terms of use ("Terms of Use"), and the Privacy Policy which is hereby incorporated into these Terms of Use. In these Terms of Use, the words "you" and "your" refer to each Site visitor or user including, without limitation, third-party website operators who incorporate the EcoHabitude software service into their Web sites; "we", "us" and "our" and "EcoHabitude" refer to EcoHabitude.com and EcoHabitude Inc., and "Services" refers to all services provided by us.

We may revise these Terms of Use at any time without telling you. It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to, or cannot comply with, these Terms of Use, please do not use this Site. If you have any questions about these Terms of Use, please contact us at Support@ecohabitude.com.

YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

We use the information we receive about you in connection with the services and features we provide. Such use is governed by this Terms of Use and our Privacy Policy.

1. Who We Are.

EcoHabitude acts as a virtual marketplace allowing users to sell and buy exclusively eco-friendly merchandise. EcoHabitude is not directly involved in the transaction between buyers and sellers. Because EcoHabitude acts a passive conduit of communication between EcoHabitude buyers and sellers, it is, therefore, not responsible for and does not endorse any communications made by such users.

This Site is owned and operated by EcoHabitude. Except as may be expressly stated on the Site or in these Terms of Use, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be understood as conferring any license under any of EcoHabitude's or EcoHabitude.com's intellectual property rights, whether by estoppel, implication or otherwise.

All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned or licensed either by EcoHabitude Inc. or by the respective third party EcoHabitude sellers. You agree that EcoHabitude is a virtual marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on EcoHabitude.com. You use the EcoHabitude service at your own risk.

EcoHabitude does not pre-screen users or the content or information provided by users. EcoHabitude cannot ensure that a buyer or seller will actually complete a transaction. Consequently, EcoHabitude does not transfer legal ownership of items from the seller to the buyer.

Any rights not expressly granted herein are reserved by EcoHabitude.

2. Transactions.

As a marketplace venue, EcoHabitude's role is to connect shoppers (buyers) with independent shops (sellers). A transaction is created when a buyer has completed the Checkout process on EcoHabitude. Both the buyer and the seller are sent an email from Ecohabitude about the order and a receipt record by email. A transaction is considered complete after the buyer has submitted payment and the seller has shipped the item to the buyer.

EcoHabitude aims to keep the shopping experience consistent across the marketplace. Our shop policies, which apply to all sellers, are outlined on the Community Guidelines page, the contents of which are fully incorporated by reference herein.

Please take note that third-party services may be involved in a transaction (for example: credit card processing gateways, shipping services, etc...), and these other services may have different policies regarding transactions or use of their services.

3. Listing and Selling Rules and Policies.

When you sell on EcoHabitude.com, you cannot sell items from the list of Prohibited Activities reproduced below. Also, Sellers need to make sure that the sale of their items complies with all laws.

We have these rules in place to help make EcoHabitude a safer place for everyone. If your listing does not follow the guidelines, it may be removed, and you may be subject to a range of other actions, including restrictions of your buying and selling privileges and suspension of your account.

3.1. Prohibited Activities.

When accessing the Site or using our Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any of the following:

  • Merchandise not meeting the eco-friendly requirements set forth in the Shop Policies.
  • Items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers.
  • Hazardous material to the environment including, but not limited to, batteries, fireworks, and refrigerants.
  • Any material that is libelous, defamatory, obscene, pornographic, abusive or threatening. Nor can you do any of the following: defamation, trade libel, unlawfully threat, unlawfully harassment, impersonation or intimidation of any person (including EcoHabitude staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.
  • Animals and wildlife products including, but not limited to, live animals, mounted specimens, and ivory.
  • Any products or services related to, or connected with, the Nuclear Industry.
  • Materials describing or purporting to be drugs and drug-like substances.
  • Drugs and drug paraphernalia.
  • Electronic surveillance equipment including, but not limited, to wiretapping devices and telephone bugging devices. Which are prohibited by the Federal Communications Commission (FCC). Cell, GPS and other signal jamming devices would be one example.
  • Human remains and body parts.
  • Lottery tickets.
  • Mailing lists and personal information.
  • Manufacturers' coupons.
  • Medical devices including, but not limited, contact lenses, pacemakers, and surgical instruments.
  • Military items, including, but not limited, firearms, weapons, and knives.
  • Offensive material and any materials relating to undemocratic political regimes, extremist religious groups, extremist political groups including, ethnically or racially offensive material or Nazi memorabilia. Nor can you advocate or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation.
  • Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  • Use any robot, spider, scraper or other automated means to access EcoHabitude for any purpose whatsoever, except to the extent expressly permitted by and in compliance with EcoHabitude's Terms of Use or otherwise without EcoHabitude's prior express written permission.
  • Take any action that imposes or may impose, in EcoHabitude's sole discretion, an unreasonable or disproportionately large load on EcoHabitude's infrastructure.
  • Host images not part of a listing.
    The following are equally prohibited:

  • Modify, adapt or hack EcoHabitude or modify another website so as to falsely imply that it is associated with EcoHabitude.
  • Appear to create liability for EcoHabitude or cause EcoHabitude to lose (in whole or in part) the services of EcoHabitude's ISPs or other suppliers.
  • Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on EcoHabitude.
  • Be false, inaccurate or misleading.
  • Be fraudulent or involve the sale of illegal, counterfeit or stolen items.
  • Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also Section 10 below).
  • Advertise or otherwise solicits funds.

    Furthermore, you may not list an item on EcoHabitude (or consummate any transaction that was initiated using EcoHabitude's service) that could cause EcoHabitude to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

    We reserve the right to terminate or delete such material permanently. We will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
3.2. Fees for Listing.

Joining EcoHabitude and purchasing listed items is free. We do charge fees for using other services, such as listing items. The fees we charge for using our services are listed on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on www.ecohabitude.com. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites or in our applications.

4. Limited Permission to Download.

EcoHabitude authorizes you to download, view, copy and print the Materials found on EcoHabitude.com on any single, stand-alone computer solely for your personal, informational, and internal business use under the following conditions:
(i)The copyright and trademark notice appearing below must appear in such Materials,
(ii)The Materials are not used on any other Web site nor in a networked computer environment, and
(iii)The Materials are not modified in any way.
If you violate the Terms of Use in any way, this permission may be terminated automatically without warning. Upon any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statutes as well as other rights, laws, rules, regulations and statutes.

5. Privacy Policy.

We respect your privacy and give you control over the treatment of your personal information. A complete statement of our current Privacy Policy can be found by clicking here. EcoHabitude.com's Privacy Policy is expressly incorporated into this Terms of Use. When opening an account with us, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name, a password and a valid email address. If you choose to register, you agree to:
(i)Supply the information requested in the registration process,
(ii)Ensure that all the information you supply is accurate, and
(iii)Update your personal information.
You are entirely responsible for keeping your password confidential. You may not use a third party's account, user name or password at any time. You agree to immediately contact EcoHabitude.com in writing regarding any unauthorized use of your account, user name or password. EcoHabitude.com shall not be liable for any losses you may suffer as a result of someone else's use of your account or password, either with or without your knowledge.

You may be held liable for any losses suffered by EcoHabitude.com, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password. You may be asked to provide personal information in a questionnaire, application, form or similar document in connection with some of our services. Our Privacy Policy set forth how this information is protected.

Additionally, you grant EcoHabitude a worldwide, royalty-free, nonexclusive, and fully sub-licensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enhancing your experience of our services and providing you with innovative services and features. You may cancel this license and terminate EcoHabitude's rights at any time by removing your personal information.

6. Links to Third Party Sites.

This Site and/or the EcoHabitude services may contain links to Web sites or otherwise may be featured on Web sites controlled by parties not owned or operated by us (each a "Third Party Site"). We may work with a number of partners and affiliates whose sites are linked with ours. Both EcoHabitude.com and EcoHabitude are not responsible or liable, directly or indirectly, for the availability, contents, products, services or use of any Third Party Site, any Website accessed from a Third Party Site, or any changes or updates to such sites. EcoHabitude.com makes no guarantee regarding the content or quality of the products or services provided by such sites. We are not responsible for webcasting or any other form of transmission received from any Third Party Site.

These links are provided only as a convenience. The inclusion of any link does not imply that we necessarily support or agree with the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that neither EcoHabitude.com nor EcoHabitude are responsible for any loss or damage of any sort you may incur from dealing with a Third Party Site. You should contact the relevant Third Party Site Administrator if you have any concerns regarding such links or their respective content.

7. How We Treat User Content

When posting listings, correspondence, reviews, comments, communications, and other content (the "User Content") on EcoHabitude.com and/or the EcoHabitude service, such contributions are made at your own risk and are subject to the Terms of Use.

7.1. Rights and Responsibilities of EcoHabitude.com.

EcoHabitude respects the intellectual property of others, and we ask our users to do the same. The accounts of those suspected to be repeat-infringers may be disabled and/or terminated in appropriate circumstances. Such decision is within our sole discretion.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:

(i)An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii)A description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii)A description of where the material that you claim is infringing is located on the site;
(iv)Your address, telephone number, and email address;
(v)A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi)A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.


Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Copyright Agent
260 W.35th Street #405
New York, NY. 10001

By email: support@ecohabitude.com

EcoHabitude is not the publisher or author of the User Content. Instead, EcoHabitude is a virtual marketplace allowing buyers and sellers to connect. We do not pre-screen listings or require prior approval before they are posted.

We disclaim all copyright and ownership in such works and all responsibility for them. Although we cannot make an absolute guarantee of system security, EcoHabitude.com takes reasonable steps to keep our services safe and secure. If you have reason to believe system security has been violated, contact us by E-MAIL at support@Ecohabitude.com for help. If our technical staff finds that a member's files or processes pose a threat to the proper technical operation of the system or to the security of other members, we reserve the right to delete those files or to stop those processes. If our technical staff suspects that a user name is used by an improper user, that user's access may be disabled in order to preserve system security. In all such cases, EcoHabitude.com will contact the member as soon as feasible. We have the right, in our sole and absolute discretion, to

(i)Edit, redact or otherwise change any User Content,

(ii)Re-categorize any User Content to place it in a more appropriate location or

(iii)Pre-screen or delete any User Content that is determined to be inappropriate or otherwise in violation of these Terms of Use, including but not limited to, User Content containing offensive language and advertisements. We reserve the right to refuse service to anyone and to cancel user access at any time.


7.2. Rights and Responsibilities of EcoHabitude.com Users or Other Posters of User Content.

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with EcoHabitude's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your own EcoHabitude shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate product footprint. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Shop Policies: All sellers must abide by the policies outlined in the EcoHabitude Community guideline, the terms of which are fully incorporated into this agreement. The Shop Policies outline EcoHabitude's policies with regard to shipping and returns, as well as how payments are processed and how merchants are paid.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on EcoHabitude you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a timely manner, unless there is an exceptional circumstance, such as where the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding EcoHabitude transaction fees, misrepresent the item's location, or use another user's account without permission.

You Own And Are Responsible for Your Content: You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you list, submit, post, or display using any of our services. In posting User Content, you agree to honor the rights of others, including intellectual-property rights (copyright, patent and trademark), the right to privacy and the right not to be libeled or slandered.

For example, if you wish to post a copyrighted work as User Content, you are responsible for first obtaining the copyright holder's permission. Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose to give up such rights expressly.

Because the jurisdiction law as to online systems is unsettled, we urge you to consider the possible effect of laws outside EcoHabitude's locality or your own residence. EcoHabitude is open to members worldwide (and works published on the World Wide Web, Usenet or other such services are accessible to anyone on the Internet). We cannot guarantee that you will not run into legal trouble in other jurisdictions over your posting.

You agree not to use the Site in any way that could damage, disable, or impair any Services provided by EcoHabitude.com (or the network(s) connected to the Site), violate the privacy and security of other users, or interfere with any user's use and enjoyment of any of the Site. You agree not to attempt to gain unauthorized access to any services offered on the Site, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

International Transactions: In some cases, users may be able to sell items internationally by listing items for sale directly on the EcoHabitude site and software services. Users may restrict international buyers from purchasing your items if they explicitly exclude international shipping locations from their listings by creating and applying an exclusion list to your listings which is visible on a sellers storefront & individual policy. Users are responsible for complying with all laws and regulations applicable to the sale and shipment of items to international buyers.

7.3. You Grant Us A License Over Your Content.

We do not claim ownership rights over the User Content. By posting such User Content, you grant a license to EcoHabitude to use, reprint, distribute, modify, and create derivative works, which will be owned by EcoHabitude. You grant EcoHabitude a worldwide, royalty-free, nonexclusive, and fully sub-licensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enhancing your experience of our services and providing you with innovative services and features. EcoHabitude will only use personal information in accordance with EcoHabitude's Privacy Policy.

You also permit us and any third-party website that incorporates the EcoHabitude software service to copy your works as part of the normal backup process. Posting User Content or using your EcoHabitude.com account for any illegal activity under the United States Law is a violation of these Terms of Use.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another EcoHabitude user. Without obtaining prior permission from the other user, this personal information may only be used for that transaction or for EcoHabitude-related communications. EcoHabitude has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, in the absence of express consent from the user, you are not licensed to add any EcoHabitude user to your email or physical mail list. For more information, see EcoHabitude's Privacy Policy.

Re-Posting Content: By posting Content on EcoHabitude, it is possible for an outside website or a third party to re-post that Content. You agree to hold EcoHabitude harmless for any dispute concerning this use. If you choose to display your own EcoHabitude-hosted image on another website, the image must provide a link back to its listing page on EcoHabitude.

7.4. Your Rights and Responsibilities as an EcoHabitude.com User and Reader of User Content.

As a general rule, our staff does not mediate conflicts between users. Should you have a complaint about another user, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly, if possible. EcoHabitude.com is not legally responsible for your behavior or that of other users.

7.5. Your Agreement to Release and Hold Harmless EcoHabitude For Any Harm Resulting From Your Communication or Contact with Other EcoHabitude Users.

THE SITE FUNCTIONS AS A VIRTUAL MARKETPLACE, WHICH ALLOWS USERS TO CONTACT, COMMUNICATE AND OTHERWISE TRANSACT BUSINESS WITH ONE ANOTHER. ECOHABITUDE.COM IS NOT LEGALLY RESPONSIBLE FOR ANY COMMUNICATIONS MADE BY ECOHABITUDE.COM USERS. ECOHABITUDE.COM DOES NOT ENDORSE ANY USERS OR THEIR COMMUNICATIONS. YOU AGREE THAT ANY ATTEMPT MADE BY YOU TO MAKE DIRECT CONTACT OR ANY ACTUAL DIRECT CONTACT WITH ANY ECOHABITUDE.COM USER IS MADE AT YOUR OWN RISK. YOU AGREE TO RELEASE AND HOLD ECOHABITUDE HARMLESS, IRREVOCABLY RELEASE ECOHABITUDE AND FOREVER DISCHARGE ECOHABITUDE, ITS AGENTS, AFFILIATES, EMPLOYEES, OFFICERS, SUCCESSORS AND/OR ASSIGNS FROM ALL MANNER OF ACTIONS, CAUSES OF ACTION, CLAIMS, SUITS, COVENANTS, CONTROVERSIES, AGREEMENTS, PROMISES, DAMAGES, CHARGES, AND DEMANDS, WHATSOEVER, IN LAW OR IN EQUITY OR OTHERWISE, FOR ANY HARM, ECONOMIC OR PHYSICAL, ARISING OUT OF YOUR ATTEMPT TO CONTACT OR ACTUAL CONTACT WITH OTHER ECOHABITUDE USERS. ADDITIONALLY, YOU AGREE TO INDEMNIFY ECOHABITUDE FOR ANY HARM TO THIRD PARTIES, ECONOMIC OR PHYSICAL, ARISING OUT OF YOUR ATTEMPT TO CONTACT OR ACTUAL CONTACT WITH OTHER ECOHABITUDE USERS.

7.6. Responsibility of Third-Party Websites With Regard to User Content.

If you are a third-party website that incorporates the EcoHabitude software service into your website, by so doing you hereby agree to treat User Content in accordance with the terms of these Terms of Use and the EcoHabitude Privacy Policy as incorporated herein. Further, you agree to indemnify and hold EcoHabitude, its directors, officers, employees and affiliates harmless, and to pay any and all reasonable costs and attorney's fees as well as any damages arising out of any action taken against EcoHabitude, its directors, officers, employees and affiliates if such action results from your breach of any obligations herein.

8. No Warranty.

THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ECOHABITUDE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

ECOHABITUDE.COM MAKES NO WARRANTY THAT:

(A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS;

(B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS;

(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR

(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE ON YOUR OWN INITIATIVE AND AT YOUR OWN RISK. ECOHABITUDE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

9. Limitation of Liability.

IN NO EVENT SHALL ECOHABITUDE.COM, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF ECOHABITUDE.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF ECOHABITUDE.COM TO YOU IS $100.00 OR THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAWS.

10. Indemnification.

You agree to defend, indemnify and hold harmless EcoHabitude, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.

11. Unsolicited Submissions.

Except as may be required in connection with your use of our Services, EcoHabitude does not want you to submit confidential or proprietary information to us through this Site. You agree that all listings, product descriptions, comments, feedback, information or material submitted to EcoHabitude.com through or in association with this Site shall be considered non-confidential. By providing such submissions to EcoHabitude.com you grant EcoHabitude.com a license to use, reprint, distribute, modify and create derivative works, which will be owned by EcoHabitude.com. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

12. Compliance with Intellectual Property Laws.

When accessing the Site or using our Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit, sell or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your EcoHabitude.com user account.

If you believe that any Content on the Site is infringing on your copyright, you may seek the removal of such Content by telling us about it as provided in the Notice and Take Down provisions of the Digital Millennium Copyright Act at support@Ecohabitude.com as described above in Section 5.1.

13. Ineligibility of Minors.

This Site is ineligible to Minors. If you are a Minor, please do not submit any personal information.

14. ARBITRATION AGREEMENT

EcoHabitude.com and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

(i)Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;

(ii)Claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);

(iii)Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and

(iv)Claims that may arise after the termination of this agreement.

This agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable.

Notwithstanding any provision in this Agreement to the contrary, we agree that if EcoHabitude makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a registered user of our Site, you may reject any such change by sending us written notice within 30 days of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

YOU AND ECOHABITUDE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and EcoHabitude agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

BY AGREEING TO THESE TERMS OF USE, YOU UNDERSTAND THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. THE FEES CHARGED BY THE ARBITRATION ADMINISTRATOR MAY BE GREATER THAN THE FEES CHARGED BY A COURT.

For any claim related to this Agreement or our Service, excluding claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars ($10,000 USD), either we or you may elect at any point in or during a dispute or proceeding to resolve the claim through binding nonappearance-based arbitration. In such an event, the arbitration shall be conducted at the option of the party seeking relief, by telephone, online or based solely on written submissions. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

15. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any EcoHabitude service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on EcoHabitude's net income).

16. Governing Law; Venue.

If for any reason, the Arbitration Agreement shall not apply, by using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with New York State Law, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in the State of New York, County of New York. You and EcoHabitude.com agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

17. Copyrights.

All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2013, EcoHabitude Inc., ALL RIGHTS RESERVED.

18. Trademarks.

ECOHABITUDE, EcoHabitude.com, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of EcoHabitude. All other trademarks, product names and company names or logos mentioned in the preceding sentence are the property of their respective owners.

19. Acknowledgement.

BY USING OUR SERVICES OR ACCESSING THE ECOHABITUDE.COM SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS.

20. Contact.

If you have any questions about these Terms of Use, the practices of this website, or your dealings with this website, you can contact us at support@Ecohabitude.com.

21. No Guarantee of Veracity as to Users' Purported Information.

EcoHabitude cannot guarantee the true identity, age, and nationality of a user. EcoHabitude encourages you to communicate directly with potential transaction partners through the tools available on the Site. Although we use several techniques to verify the accuracy of certain information the Users provide, because user verification on the Internet is difficult, EcoHabitude cannot and does not confirm each User's purported identity. We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing. You may also wish to consider using a third-party escrow service that provide additional user verification.

22. Release.

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know, or suspect to exist, in your favor at the time of agreeing to this release.

23. No Agency.

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Use.

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