Welcome to the EcoHearth® website, located at www.ecohearth.com (the “Site”), which is owned and operated by EcoHearth Company (“EcoHearth”). The word "EcoHearth" and the phrase "Come Home to the Earth" are servicemarks of EcoHearth. Both are registered with the United States Patent and Trademark Office.
The following Terms & Conditions (“Agreement”) govern your access to and use of the Site. EcoHearth reserves the right to change the Agreement at any time at its sole discretion. The most current version of the Agreement can be reviewed by clicking on the “Terms and Conditions” hypertext link located in the Site footer at the bottom of every page. You should check the Site from time to time to review the then current Agreement because it is binding on you. By using the Site, you agree to be bound by these terms and conditions of use. If you do not agree to these terms and conditions of use, you should not use the Site. Your continued use of the Site constitutes your acceptance of any changes to the Agreement.
1. No Responsibility for Third-Party Sites
EcoHearth may provide links to Internet sites maintained by third parties, over which EcoHearth has no control. EcoHearth does not endorse, sponsor, recommend, warrant the products or services of, or otherwise accept responsibility for any of the third-party sites listed on the Site (“Linked Sites”). EcoHearth does not endorse or warrant the content, operators, products or services of Linked Sites, recommended or mentioned sites, and EcoHearth is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. EcoHearth shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites. Linked Sites are not under the control of EcoHearth, and EcoHearth is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes to Linked Sites. The inclusion of Linked Sites on the Site is not an endorsement by EcoHearth in favor of any third party.
2. Generating Referral Fees
The Site offers links to websites owned and operated by third-party merchants that may pay a referral fee to EcoHearth if a visitor from the Site purchases certain goods or services from such merchants’ websites. EcoHearth is not responsible for products or services purchased through links from the Site. Nor is EcoHearth responsible for any content on sites mentioned on or linked from the Site. Please contact those other sites directly to resolve any issues.
3. User Submitted Content
A user submitting content agrees irrevocably to grant to EcoHearth and its affiliates and their respective officers, directors, employees, agents, successors, licensees and assigns (collectively, "EcoHearth"), the right to take, record, publish or obtain testimonials or other statements from user (collectively, the "Statements") and use, copy, modify, adapt, distribute, publish, display, exhibit and otherwise publish or display in any media, by any means, methods and technologies now known or hereafter to become known, either in whole or in part, the Statements for commercial and business purposes, including, but not limited to, educational, advertising, marketing and promotional materials.
A user submitting content further agrees that he or she is the sole author of the Statements submitted, except in the case of Statements put in quotes and clearly attributed to the original author.
A user submitting content agrees that no advertisement or other material need be submitted to them for any approval. Users further waive any and all rights that they may have over the use, distribution, transfer, display, exhibition or other publication of any Statements, including, without limitation, any right to inspect and/or approve such use, publication, distribution, transfer, display, exhibition or other exploitation so long as such Statements are not substantively altered.
A user submitting content hereby releases and discharge, and agrees to release and discharge, EcoHearth and its affiliates and their respective officers, directors, employees, agents, successors, licensees and assigns from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, violation of any moral rights, invasion of right of privacy, publicity or personality or any similar matter, or based upon or relating to any use, copying, modification, adaptation, publication, distribution, transfer, display, exhibition or other exploitation of any or all of the Statements.
A user submitting content further agrees that EcoHearth has the right to attribute the Statements (or statements in different words which have substantially the same meaning) to the user who submits them, including, without limitation, the use of the user’s name and image if submitted to EcoHearth in connection therewith. A user submitting content further acknowledges that he or she is to receive no compensation from EcoHearth relating to the use, copying, modification, adaptation, publication, distribution, transfer, display, exhibition or other exploitation of any or all of the Statements as set forth in this release or the use of user’s name and/or image in connection therewith.
Nothing herein will constitute any obligation on EcoHearth to make any use of the user’s Statements or use of any of the rights set forth herein.
In submitting content, a user represents and warrants that they are over the age of eighteen (18) years and have read and understand the contents of this Release and all other terms and conditions as set forth in EcoHearth’s Terms and Conditions.
5. Real Estate Sale and Purchase
Real estate sale and purchase is governed by laws, custom, and practice which can vary greatly depending on property location. Sellers should check with an attorney or licensed real estate agent to see that they are complying with applicable laws. In particular, many jurisdictions require disclosures concerning property condition. There are also applicable federal laws, such as requirements that sellers disclose lead-based paint hazards.
6. Licensed Real Estate Professionals
Sellers who are licensed real estate professionals are responsible for ensuring that their property description satisfies applicable laws and regulations, including those for online listings, such as disclosure of licensee's name, affiliated firm, office location, and license jurisdiction.
7. Disclosure of EcoHearth’s Role
EcoHearth’s role in the sale of properties is limited to publishing advertising provided by sellers and facilitating communications about a property. EcoHearth has no responsibility for, and does not engage in, brokering, selling, purchasing, exchanging, or leasing posted properties or providing a "multiple listing service" as that term is traditionally used. EcoHearth does not counsel sellers or buyers, show properties, negotiate sales contracts, or hold a position of trust and confidence, whether or not in connection with the Site. Accordingly, no brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between EcoHearth and any seller or buyer of real estate. EcoHearth makes no representations about properties advertised on the Site, about the sellers of such properties, about the accuracy of information provided by such sellers, or about the financial capabilities of prospective buyers. Prospective buyers are advised to perform all due diligence before entering into a contract to purchase property, and, as emphasized above, all parties are encouraged to seek the help of a licensed real estate professional and a real estate attorney.
EcoHearth does not allow framing of the Site or any content, part, or tool thereof.
9. Links to the Site - No Unauthorized Use
By accessing the Site, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the web pages or the content contained herein without our prior written consent. You further agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the web site. You agree not to access, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our web site or services.
10. Applicable Laws
You are required to comply with all applicable laws in connection with your access to and use of the Site, and such further limitations as may be set forth in any written or online notice from EcoHearth. As a condition of your access to and use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Agreement.
You are required to register on the Site to access certain features. As part of this registration process, you agree to provide accurate, current and complete information about yourself as prompted in the registration form and you agree to promptly update this information if it changes. EcoHearth has the right to suspend or terminate your account and refuse any and all current or future use of its service if it suspects that such information is inaccurate or incomplete.
You are responsible for maintaining the confidentiality of any password and username you are given to access the Site, and you are fully responsible for all activities that occur under your password or account.
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content (“Content”), are owned by EcoHearth or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Any reproduction, copying, or redistribution of the Content, except in the form of brief excerpts or quotations for the purposes of review, is strictly prohibited without EcoHearth’s prior written consent. The information contained here is for the personal use of the reader and may not be incorporated into publications, databases, or software programs without the written consent of EcoHearth. Making copies of these pages or any portion for any purpose other than your personal use is a violation of United States copyright laws.
14. Trade and Service Mark Rights
All rights in the product names, company names, trade names, logos, product packaging, and designs of all EcoHearth or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to EcoHearth or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of EcoHearth or any third party.
15. Prohibited Uses Generally
By using the Site, you agree not to:
- (a) delete or revise any material or other information of any other user or of the Site;
- (b) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
- (c) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
- (d) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search the Site other than the search engine and search agents available on the Site and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer);
- (e) create or submit unwanted email to any Site members ('Spam')
- (f) transmit any worms or viruses or any code of a destructive nature
- (g) violate any laws in your juri sdiction (including but not limited to copyright laws); or
- (h) attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Site.
You further agree not to violate or attempt to violate the security of the Site, including, without limitation:
- (a) accessing data not intended for you or logging into a server or account that you are not authorized to access;
- (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- (c) attempting to interfere with service to any user, host, or network.
Violations of system or network security may result in civil or criminal liability. In accordance with this Agreement, EcoHearth will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.
Violation of any of these agreements will result in the termination of your Site account. While Site prohibits such conduct and content on its site, you understand and agree that Site cannot be responsible for the Content posted on its web site and, despite our best efforts, may be exposed to such materials and that you use the Site service at your own risk.
- We reserve the right to modify or terminate the Site service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
Prices for services offered by EcoHearth are subject to change without notice.
17. Disclaimer of Warranties
THE SITE IS PROVIDED "AS IS." ECOHEARTH MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. ECOHEARTH DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ECOHEARTH DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY ECOHEARTH, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY ECOHEARTH OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
FURTHER, ANY LOSS OF, OR DAMAGE TO, DATA IS NOT THE RESPONSIBILITY OF THE SITE OR ECOHEARTH. USE OF THIS SERVICE IS AT YOUR OWN RISK.
ECOHEARTH MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND ECOHEARTH DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.
18. Limitation of Liability
IN NO EVENT WILL ECOHEARTH OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN ANY EVENT, BY YOUR USE OF THE SITE YOU AGREE THAT OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $50. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if EcoHearth has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, EcoHearth’s liability in such jurisdictions shall be limited to the extent permitted by law.
You agree to defend, indemnify, and hold harmless EcoHearth and third parties who contribute to the Site from any loss, damage, or cost (including attorneys' fees) resulting from your violation of the Agreement.
20. Choice of Law and Forum
The Agreement is subject to the laws of the State of New York. If there is any dispute between us concerning the Agreement or your access to or use of the Site, we both agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association, and the venue for the arbitration will be New York.
EcoHearth reserves the right, in its sole discretion, to terminate your access to and use of the Site, with or without notice. Sections 7, 8, 10, 11, and 12 of the Agreement shall survive termination.
The failure of EcoHearth to enforce any provisions of the Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches. You agree that no joint venture, partnership, employment, or agency relationship exists between you and EcoHearth as a result of the Agreement or your access to and use of the Site. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and EcoHearth and governs your use of the Site. If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.