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Terms of Use: eConscious Market™
Welcome to the eConscious Market™ Web Site ("Site"). eConscious Market™ and its affiliates provide their services to you subject to the following conditions. If you visit or shop at eConscious Market.com, you accept these conditions. The following are the basic terms and conditions that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to this Website Agreement and Terms of Use ("Agreement"), please exit the Site immediately and do not use or purchase products from our Site. eConscious Market™ reserves the right to change this Agreement or terminate access to this Site at any time, with or without notice. Your use of our Site after such a change constitutes acceptance of the most current version of this Agreement. In addition, when you use any current or future eConscious Market.com service (e.g., Your Profile, Gift Certificates, Auctions, and Your Media Library) or visit or purchase from any business affiliated with EConscious Market™, whether or not included in the Site, you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control. Ownership, Copyright, and Trademark Matters: This Site is owned and operated by eConscious Market™. Unless stated otherwise, all of the content contained on the Site (including, but not limited to, text, images, descriptions and designs) is the intellectual property of eConscious Market™, and is intended only for use on our Site. Accordingly, eConscious Market™ owns the copyright in all information or materials provided here unless stated otherwise. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as explicitly provided below. Modification of the materials or use of the materials for any purpose other than those purposes explicitly permitted below is a violation of eConscious Market™'s copyright and/or other proprietary rights. The use of any materials from this Site on any other website or networked computer environment is prohibited. The trademarks and service marks ("Trademarks") used or displayed on this Site are registered and unregistered Trademarks of eConscious Market™, unless otherwise noted. Nothing in this Site should be construed as granting -- by implication, estoppel, or otherwise -- any license or right to use any Trademarks displayed on the site without the prior express written permission of eConscious Market™ or the trademark owner. The name "eConscious Market™" or EConscious Market™'s logos may not be used in any way without eConscious Market™'s prior written consent. You may not use eConscious Market™'s logos as a "hot" link to any other site unless the establishment of such a link is approved by eConscious Market™ in advance and in writing. Users of this Site are permitted to download one copy of the information in this Site for personal, noncommercial use. This limited, revocable privilege to use the content in no way constitutes a transfer of title or right to use the content in any improper way or for any commercial purpose whatsoever. You may not, under any circumstances, (a) modify the information on this Site or use it for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the information; (c) remove any copyright, trademark registration, or other proprietary notices from the information; or (d) transfer the information to another person. Copyright Complaints: eConscious Market™ and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us. Content: Any materials submitted by users of our Site, including but not limited to e-mail, product reviews, postcards, discussion submissions, and traditional mail become the sole property of eConscious Market™. Users are prohibited from submitting content to this Site that is, or may be, illegal, threatening, obscene, harassing, defamatory or injurious to third parties. eConscious Market™ will not tolerate solicitations, spamming, chain letters or software viruses on the Site. In addition, if you send us creative ideas, inventions, or similar materials, any materials you provide or submit to eConscious Market™ will be the property of eConscious Market™. eConscious Market™ reserves the right to use any such material submitted as well as the right not to use that material. Content submitted by users of the site might be posted in whole or in part to the eConscious Market™ site. eConscious Market™ reserves the right to edit materials presented by users, but eConscious Market™ does not necessarily monitor or refuse to publish material that may be deemed objectionable or offensive by certain individuals or entities. Product Detail: Description - Products are described as accurately and appropriately as possible in order to ensure that a customer understands the product they are ordering. Color - Colors are represented as realistically as possible, but color variations of product images or color swatches are outside of the control of eConscious Market™ because software, hardware and Internet connections can alter the appearance of colors. If you are unsatisfied with a product, your sole remedy will be to return the product to the manufacturer. Corrections: While we make every effort to ensure the accuracy of product and price information, errors do occasionally occur. We reserve the right to correct any errors or inaccuracies at any time. We apologize for any inconvenience this may cause. If you are not completely satisfied with your purchase, you may return it for a refund. Your Account: The user is responsible for maintaining the confidentiality of information that could be used to access your account such as user id and password, and the user agrees to accept all responsibility for all activities performed using your user id and password. Additionally, the user is responsible for restricting access to your computer and not using public computers to access your account. The Site does carry products for children, but only sells those products to adults with credit cards. If you are under 18 you may use the Site only with the approval and active involvement of a parent or guardian. Some product or content on the site might be deemed inappropriate for people under the age of 18 or those easily offended. Those people should not use the Site. Reviews, Comments, Communications, and Other Content: Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. EConscious Market™ reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant eConscious Market™ and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant eConscious Market™ and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify eConscious Market™ or its affiliates for all claims resulting from content you supply. eConscious Market™ has the right but not the obligation to monitor and edit or remove any activity or content. eConscious Market™ takes no responsibility and assumes no liability for any content posted by you or any third party. Risk of Loss: All items purchased from EConscious Market™ are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Disclaimer of Warranties and Limitations of Liability: THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ECONSCIOUS MARKET™ OR ITS AFFILIATES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ECONSCIOUS MARKET™ AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ECONSCIOUS MARKET™ AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ECONSCIOUS MARKET™ AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM ECONSCIOUS MARKET™ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ECONSCIOUS MARKET™ AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. Applicable Law and Contract Interpretation: eConscious Market™'s principal place of business is in Colorado, and eConscious Market™ operates this Site from its offices in Colorado. The laws of the State of Colorado apply to this Agreement, without regard to conflicts of laws principles. If any provision of this Agreement is ruled to be unlawful, void, or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and eConscious Market™ relating to the subject of this Site. Indemnity: You agree to defend, indemnify, and hold harmless eConscious Market™, its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of this Site or your breach of the terms of this Agreement. eConscious Market™ shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. Dispute Resolution: Any dispute arising with respect to this Agreement shall be resolved by negotiation between the parties or, if necessary, by arbitration in Denver, Colorado, or if necessary, by resort to an appropriate federal or state court located in Colorado. You expressly waive and are estopped from asserting any right to pursue any claim against eConscious Market™ relating to this Agreement in any forum or venue located outside of Denver, Colorado, in the event of the filing of any such claim, you stipulate to the transfer of the filing to any appropriate or available forum or court in Denver, Colorado, at eConscious Market™'s sole discretion. Other Businesses and Sites: The Site may provide links to other sites (i.e. advertisers, affiliate partners, strategic partners, non-profit organizations, retailers, manufacturers or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their Web sites. eConscious Market™ does not assume any responsibility or liability for the actions, product, and content of any such sites. Before you use any site you should review the applicable conditions of use and policies. The inclusion of a link in this Site does not imply eConscious Market™'s endorsement of the site. If you decide to access linked third-party websites, you do so at your own risk. eConscious Market™ obtains item photographs, manufacturing information, sustainability practices from manufacturers. This sometimes includes taking the information directly from the items themselves, or from the label or packaging of the items. We do not always investigate to determine if the information is accurate nor can we provide assurance that all data entry was done without error. If manufacturers change ingredients or nutritional information or other specifications, we cannot assure you that we will update the information on this Site. Accordingly, the information displayed on the Site is not guaranteed to be 100% accurate and the actual item should be considered the authoritative source of all information with respect to the item. The products and the claims made about specific products on or through this Site have not been thoroughly evaluated by eConscious Market™. The information on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other healthcare professional, in addition to any warnings or other information contained on or in any product label or packaging. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem, or a suspected health problem of any kind. Privacy Please review our Privacy Notice, which also governs your visit to eConscious Market™, to understand our practices. Electronic Communications: When you visit eConscious Market™ or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Security of Personal Information/ Credit Card Information: Providing a secure site is essential for your peace of mind and trust in eConscious Market™. We have installed the latest encryption software conforming to the Secure Socket Layers (SSL) protocol to safeguard all of the information you send to us. Even if you decide to save your credit card information on this site for future purchases, there is no risk because the numbers are never transmitted or stored as text. Our Address: eConscious Market™ 603 Alpine Ave. Boulder, CO 80305 303-444-4144 info@eConsciousMarket.com Happy Giving! ~ The eConscious Market™ Team Last Updated: July 5, 2007 |
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