ECO Accelerator Terms of Service

PREAMBLE

SECTION 1 ECO Accelerator Agreement

1.1.          Purpose. The Mission of the ECO Accelerator Network is to be a global social networking site for entrepreneurs creating a business. The Vision is that we will provide a platform, instruction, and community of support for entrepreneurs to be able to create successful businesses one Main Street at a time.  The following terms and conditions govern the use of www.TheECOAccelerator.com website and all content, services, and products available through the website, including, but not limited to the chat services, Marketplace aka #ECOMarketplace, Community, Resource Center, and any other network sites that may be created to support the vision (the “Website”).

1.2.          Binding Agreement.  You agree that by using the ECO Accelerator website or services, including the chat services, Marketplace aka #ECOMarketplace, the Community, the Resource Center, or any other part of the ECO services (collectively “ECO” or the “Services”), or creating an ECO account (thereby becoming an “ECO Member”), you are entering into a legally binding agreement with Entrepreneur Community Online, LLC, 6521 N. Clay St. #18, Denver, CO 80221, USA (“we,” “us,” “our,” and “ECO”) based on the terms of this ECO Accelerator Terms of Service, the ECO Accelerator Privacy Policy, and all other operating rules, policies and procedures that may be published from time to time on this Website, which are hereby incorporated by reference (collectively referred to as the “Agreement”). If you are using ECO on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account or become an ECO Member, do not enter into this Agreement, do NOT register with ECO and do not access, view, download or otherwise use any ECO Accelerator webpage, information or services. By registering with ECO, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By registering, you also consent to use electronic signatures and acknowledge your click of the submission of your registration is one.

SECTION 2 Your ECO Accelerator Account and Site.

2.1.          General.  If you create a blog on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and ECO may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause ECO liability. You must immediately notify ECO of any unauthorized uses of your blog, your account or any other breaches of security. ECO will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2.2.          Service Eligibility.  To be eligible to use the Service, you must meet the following criteria and represent and warrant that you:

2.2.1.   are 18 years old or older;

2.2.2.   are not currently restricted from the Services, or not otherwise prohibited from being an ECO Member,

2.2.3.   are not a competitor of ECO or are not using the Services for reasons that are in competition with ECO;

2.2.4.   unless you have written permission from ECO, you will only maintain one ECO account at any given time;

2.2.5.   will use your real name and only provide accurate information to ECO;

2.2.6.   have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party;

2.2.7.   will not violate any rights of ECO or third party, including intellectual property rights such as copyright or trademark rights; and,

2.2.8.   agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.

2.3.          Services Availability.  For as long as ECO continues to offer the Services, ECO will provide and seek to update, improve and expand the Services. As a result, we allow you to access ECO as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue ECO, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our ECO Members in our sole discretion. All of these changes shall be effective upon their posting on ECO or by direct communication to you unless otherwise noted. ECO further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by ECO to be contrary to this Agreement. For avoidance of doubt, ECO has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services.

2.4.          Your Membership.  The profile you create on ECO will become part of ECO and except for the information that you license to us is owned by ECO. However, between you and others, your account belongs to you. You agree to:

2.4.1.   keep your password secure and confidential; and,

2.4.2.   not use other’s accounts.

Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.

2.5.          Disclosure of User Information.  You acknowledge, consent, and agree that we may access, preserve, and disclose your account and any other information you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to:

2.5.1.   comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures;

2.5.2.   enforce this Agreement;

2.5.3.   respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency;

2.5.4.   respond to customer service inquiries; or,

2.5.5.   protect the rights, property, or personal safety of ECO, ECO Members or the public.

Disclosures of Member information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.

2.6.          User-to-User Communication and Sharing.  ECO offers various forums such as sidebar and private chat, websites, and emails, where you may post your observations and comments on designated topics. ECO also enables sharing of information by allowing users to post updates, including links to news articles and other information such as job opportunities, product recommendations, and other content to their profile and other parts of the site. ECO, in its sole discretion, may close or transfer posts or information, or remove content from them if the content violates this Agreement or others’ intellectual property rights. Please note that ideas you post and information you share may be seen and used by other ECO Members, and ECO cannot guarantee that other ECO Members will not use the ideas and information that you share on ECO. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to the Website, or elsewhere on ECO. ECO IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON ECO.

SECTION 3 Responsibility of Contributors.

3.1.          If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

3.1.1.   the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

3.1.2.   if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

3.1.3.   you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

3.1.4.   the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

3.1.5.   the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

3.1.6.   the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

3.1.7.   your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;

3.1.8.   your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and

3.1.9.   you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by ECO or otherwise.

3.2.          By submitting Content to ECO for inclusion on your Website, you grant ECO a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, ECO will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

3.3.          Without limiting any of those representations or warranties, ECO has the right (though not the obligation) to, in ECO’s sole discretion:

3.3.1.   refuse or remove any content that, in ECO’s reasonable opinion, violates any ECO policy or is in any way harmful or objectionable; or,

3.3.2.   terminate or deny access to and use of the Website to any individual or entity for any reason, in ECO’s sole discretion. ECO will have no obligation to provide a refund of any amounts previously paid.

SECTION 4 Fees and Payment. Optional paid premium services described as ‘Basic,’ ‘Pro,’ or ‘Elite’ provide additional services such as extra storage, additional websites, additional themes and plugins, additional posts, email addresses or other services and are available on the Website. By selecting a premium service you agree to pay ECO the monthly, quarterly, or annual subscription fees indicated in exchange for the services. Applicable fees will be invoices starting from the day your premium service or account is established.  Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly, quarterly, or annual period as indicated. Premium service fees are not refundable. Premium accounts can be canceled by you at any time.

SECTION 5 Responsibility of Website Visitors. ECO has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, ECO does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ECO disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

SECTION 6 Content Posted on Other Websites.  We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which TheECOAccelerator.com links, and that link to TheECOAccelerator.com. ECO does not have any control over those non-ECO websites and webpages, and is not responsible for their contents or their use. By linking to a non-ECO website or webpage, ECO does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ECO disclaims any responsibility for any harm resulting from your use of non-ECO websites and webpages.

SECTION 7 Copyright Infringement and DMCA Policy. As ECO asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by TheECOAccelerator.com violates your copyright, you are encouraged to notify ECO at admin@theecoaccelerator.com. ECO will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of ECO or others, ECO may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, ECO will have no obligation to provide a refund of any amounts previously paid to ECO.

SECTION 8 Intellectual Property. This Agreement does not transfer from ECO to you any ECO or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ECO. ECO, TheECOAccelerator.com, the ECO logo, and all other trademarks, service marks, graphics and logos used in connection with TheECOAccelerator.com, or the Website are trademarks or registered trademarks of ECO or ECO’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ECO or third-party trademarks.

SECTION 9 Changes. ECO reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. ECO may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services are subject to the terms and conditions of this Agreement.

SECTION 10 Termination. ECO may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ECO account (if you have one), you may simply discontinue using the Website and/or canceling your future payments. Notwithstanding the foregoing, if you have a premium services account, such account can only be terminated by ECO if you materially breach this Agreement and fail to cure such breach within thirty (30) days from ECO’s notice to you thereof; provided that, ECO can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

SECTION 11 Disclaimer.  SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON ECO OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR ECO AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. ECO DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ECO AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY ECO OR ANYTHING RELATED TO ECO, YOU MAY CLOSE YOUR ECO ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 10 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. ECO IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF CONTENT OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH ECO TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. ECO DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, ECO DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. ECO DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. ECO DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, ECO DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE ECO SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

SECTION 12 Limitation of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. In no event will ECO, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ECO under this agreement during the twelve (12) month period prior to the cause of action. ECO shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

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b>SECTION 13 General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the ECO Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

13.1.     Indemnification. You agree to indemnify and hold harmless ECO, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

SECTION 14 Dispute Resolution

14.1.     Law and Forum for Legal Disputes. This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Colorado regardless of your country of origin or where you access ECO, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and ECO agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in the City and County of Denver, Colorado, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and ECO agree to submit to the personal jurisdiction of the courts located within the City and County of Denver, Colorado for the purpose of litigating all such claims. Notwithstanding the above, you agree that ECO shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

14.2.     Arbitration Option.  For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:

14.2.1.                      the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;

14.2.2.                      the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and,

14.2.3. any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

SECTION 15 General Terms

15.1.     Severability.  If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

15.2.     Notices and Services of Process.  ECO may notify you via postings on www.TheECOAcellerator.com. You may contact us at admin@theecoaccelerator.com or via mail or courier at: Entrepreneur Community Online, LLC ATTN: Legal Department 6521 N. Clay St. #18, Denver, CO 80221 USA. Additionally, ECO accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.

15.3.     Entire Agreement.  You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and ECO regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ECO services.

15.4.     Amendments to This Agreement.  We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting at www.theecoaccelerator.com or notifying you otherwise. For example, we may present a banner on the Services when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 10 (“Termination”).

15.5.     No Injunctive Relief.  In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

15.6.     Beneficiaries.  Entities other than Entrepreneur Community Online, LLC, that Entrepreneur Community Online, LLC owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce this Agreement directly against you.

15.7.     Assignment and Delegation.  You may not assign or delegate any rights or obligations under the Agreement without our written consent. Any purported assignment and delegation without written consent is ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Entrepreneur Community Online, LLC for any third party that assumes our rights and obligations under this Agreement.

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