PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING ECOBPM APPLICATION SERVICES. BY USING THE SYSTEM OR REGISTERING TO USE THE SERVICES OFFERED ON IT, YOU AGREE TO THESE TERMS OF SERVICE. YOUR PAYMENT FOR AND USE OF THE SYSTEM SHALL CONSTITUTE IRREVOCABLE ACCEPTANCE OF EACH AND ALL OF THE TERMS BELOW. THESE TERMS MAY ONLY BE MODIFIED BY EXECUTION OF A SEPARATE CONTRACT WITH ECOBPM LLC, IN THE CASE OF A SEPARATE CONTRACT BEING EXECUTED THAT CONTRACTUAL LANGUAGE WILL TAKE PRECEDENT. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE SYSTEM.
ECOBPM LLC (referred to as “ECOBPM”) owns and operates this site and the services offered on it (referred to as the “ECOBPM Application Services”). ECOBPM has the right at any time to change or discontinue any aspect of the Services, including the content, hours of availability and equipment needed for access to or use of the Services. You understand and agree that the Services are provided to you exclusively under these Terms of Service.
By logging into ECOBPM Application Services you are stating that you have read and understand these Terms of Service, and that you agree to be bound by them. ECOBPM reserves the right to terminate your account at any time for any reason, including if ECOBPM learns that you have provided false or misleading information or have violated these Terms of Service. ECOBPM reserves the right to modify these Terms of Service at any time.
You agree that you are solely responsible for the content and integrity of your data, and you further acknowledge that ECOBPM Application Services serves solely as a passive conduit for the distribution and transmission of such data. You represent and warrant that the data you provide to ECOBPM Application Services (a) does not infringe on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation; (c) is not defamatory, trade libelous, threatening, abusive, pornographic or obscene; (d) does not contain viruses or other similar harmful or deleterious programming routines; and (e) does not contain links to any such sites referenced above.
SPAMMING IS PROHIBITED. Spamming, as determined by ECOBPM in its sole discretion, includes the transmission of any form of e-mail that can be interpreted as junk e-mail or bulk e-mail that the recipient has not specifically requested. ECOBPM reserves the right to take legal and technical remedies to prevent unsolicited bulk e-mail from entering and remaining in its database. If you violate any aspect of this provision you may be penalized up to and including loss of the Services and any other remedies available to ECOBPM by law.
In consideration of use of the Services, you agree to provide ECOBPM current, complete and accurate user information (the “user data”) and to maintain and update the user data as required keeping it current, complete and accurate. In cases where you choose to receive services from third parties associated with ECOBPM Application Services, you grant ECOBPM the right to disclose your individual user data to those third parties in order to fulfill services. You also understand that third party service providers have individual policies towards the privacy of customer information which may differ from those stated herein.
ECOBPM considers the content of all data to be private. Except as specifically set forth above, ECOBPM will not intentionally monitor or disclose any data or user data unless required by law. Additionally, you agree to respect the privacy and confidentiality of others. Since privacy is a function of your password, ECOBPM Application Services encourages you to change your password frequently and further not to share your password with any third party.
You acknowledge that your right to use the Services is personal to you. You agree not to resell or make any commercial use of the Services without the express written consent of ECOBPM, and you agree to be fully liable for the use of your account, including any unauthorized use of your account by a third party.
Third Party Data
ECOBPM is a distributor (and not a publisher) of data supplied by third parties and users of the Services. Accordingly, ECOBPM has no editorial control over such data. Any data made available by third parties, including users of the Services, are those of the respective author(s) or distributor(s) thereof and not of ECOBPM. ECOBPM neither endorses nor is responsible for the accuracy or reliability of any data distributed by anyone other than authorized ECOBPM employee spokespersons while acting in their official capacities. ECOBPM has the right, but not the obligation, to monitor and review your account to determine compliance with the conditions of use and operating rules established by ECOBPM, to satisfy any law, regulation or authorized government request, or for other reasonable purposes. You understand and acknowledge that ECOBPM does not monitor data for accuracy or reliability.
Certain of the names, logos and other materials displayed by ECOBPM Application Services may constitute the trademarks or other intellectual property of ECOBPM or other entities. You are not authorized to use any such marks. Ownership of all such trademarks and other intellectual property remains with ECOBPM or those other entities.
Disclaimer of Warranty; Limitation of Liability
You expressly agree that use of the Services is at your sole risk. Neither ECOBPM, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Services will be uninterrupted or error free; nor do they make any warranty as to the accuracy, completeness or reliability of any data.
The Services are provided on an “as is” basis. ECOBPM expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
In no event will ECOBPM be liable in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, incidental, special, punitive, consequential or similar damages, including, without limitation, lost profits or revenues, loss of use or similar economic loss, arising out of the use of or inability to use the Services. You hereby acknowledge that the provisions of this section shall apply to all use of the Services. In no event shall ECOBPM LLC’s total liability to you for any damages, losses and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the amount paid by you, if any, for accessing the Services. You hereby acknowledge and agree that your sole remedy hereunder is cancellation of the Services.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the Services or any data, under any legal theory or cause of action.
You agree to indemnify, defend and hold harmless ECOBPM, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Services, your violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to the exclusive jurisdiction of the courts located in Seminole County, Florida. These Terms of Service will inure to the benefit of ECOBPM’s successors, assigns and licensees. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by ECOBPM. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between you and ECOBPM with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding subject matter hereof.