Last Modified: September 16, 2024
PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY.
Hello and welcome to the Eco Toreda Website Terms of Use (“Terms of Use”) that applies to EcoToreda.com and any website where we display these terms (each a "Site"). Eco Toreda International Inc. ("Eco Toreda" or “we”) operates each Site to provide online access to information about Eco Toreda and the products, services, and opportunities we offer.
Please note, use of the Eco Toreda Marketplace Services (free or paid) is governed by our Customer Terms of Service, available at http://ecotoreda.com/legal/tos.
By accessing and using a Site, you agree to these Terms of Use and to our Privacy Policy available at http://ecotoreda.com/legal/privacy.
We reserve the right to modify these Terms of Use at any time without giving you prior notice. Your use of a Site following any such modification constitutes your agreement to follow and be bound by these Terms of Use, as modified. The last date these Terms of Use were revised is set forth above, so be sure to check back for updates.
Since our Terms of Use govern your use of a Site, please be sure to read the Terms of Use carefully, which includes the following sections:
You may use a Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on a Site (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about Eco Toreda and the products, services, and opportunities we offer solely in compliance with these Terms of Use.
By accessing a Site, you agree that you will not:
Any unauthorized use of any Content or a Site may violate patent, copyright, trademark, and other laws.
Each Site is based upon proprietary Eco Toreda technology and includes the Content. Each Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. Each Site, including all intellectual property rights in a Site, belongs to and is the property of EcoToreda or its licensors (if any). EcoToreda owns and retains all of its copyrights in the Content. Except as specifically permitted on a Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or a Site, in whole or in part, by any means. EcoToreda, the YinYang Design, the EcoToreda logos, and our other marks used by EcoToreda from time to time, including those included on our trademarks page at https://ecotoreda.com/legal/trademarks are trademarks and the property of Eco Toreda. The appearance, layout, color scheme, and design of the EcoToreda.com site are protected trade dress. You do not receive any right or license to use the foregoing. EcoToreda may use and incorporate into a Site or the EcoToreda Service any suggestions or other feedback you provide, without payment or condition.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on a Site or the Service should be sent to Eco Toreda's designated Copyright Agent. See the Claims of Copyright Infringement instructions below.
You represent that you have all right, title, and interest to materials you post on a Site or provide to Eco Toreda ("Materials"), including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the Materials. You also represent that posting such Materials does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You grant to us all rights, licenses and permissions necessary to display, reproduce, disseminate Materials provided through or disclosed by you.
You represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted Materials is true and your own work or work you are authorized to submit. You also represent the posted Materials do not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly or with intent to defraud provide material and misleading information. You represent and warrant that the Materials you supply do not violate these Terms of Use.
Links on a Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site and be subject to the terms and privacy policies of those third parties. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Eco Toreda of the third party, the third-party web site, or the information there. Eco Toreda is not responsible for the availability of any such web sites. Eco Toreda is not responsible or liable for any such web sites or the content thereon.
Eco Toreda cannot and does not guarantee or warrant that files available for downloading through a Site will be free of infection by software viruses or other harmful computer code, files or programs.
ECO TOREDA AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF A SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES, SITES, AND RELATED CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ECO TOREDA AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO A SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ECO TOREDA IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ECO TOREDA AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF A SITE, WITH THE DELAY OR INABILITY TO USE A SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF A SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF ECO TOREDA OR ANY OF ECO TOREDA'S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, ECO TOREDA IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF ECO TOREDA AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.
You understand and agree that you are personally responsible for your behavior on a Site. You agree to indemnify, defend and hold harmless Eco Toreda, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use a Site or the Content, or any violation by you of these Terms of Use.
a. Profiles. Some Sites allow you to create and maintain a public profile. If you choose to create a profile on a Site, you agree you will i) be at least 18 years of age or older; ii) provide true and accurate information, to the best of your knowledge, to the extent you choose to provide it; iii) comply with laws that apply to you; and iv) comply with the community rules and/or code of conduct documentation made available on a Site.
We may limit features related to profiles, including the number of connections and user ability to contact other members. We may edit or remove your Materials (defined below) at any time at our sole discretion. We also reserve the right to restrict or suspend your account at our sole discretion. Either you or we may remove your profile at any time; refer to the community rules and/or code of conduct of a Site for additional information.
You may access, correct, or delete your personal information by completing the form available at https://ecotoreda.com/legal/privacy.
b. Customer Terms of Service. If you are a customer of Eco Toreda, or an employee, representative or agent of a Eco Toreda customer, your use of the Eco Toreda Marketplace Service is subject to the Eco Toreda Customer Terms of Service, available at http://ecotoreda.com/legal/tos.
c. You can find details about Eco Toreda and the European Union Digital Services Act of 2024 at https://ecotoreda.com/legal/digital-services-act which is not incorporated into this Agreement and provided for your information only.
a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Eco Toreda of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, Eco Toreda's Privacy Policy, your use of a Site, any other Eco Toreda web site or the Content are governed by, and will be interpreted in accordance with, the laws of the Commonwealth of Delaware, without regard to any conflict of laws provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in Delaware in the event of any dispute of any kind arising from or relating to these Terms of Use, Eco Toreda's Privacy Policy, your use of a Site, any other Eco Toreda web site or the Content.
Last Revised: January 3, 2024
Copyright 2024 Eco Toreda. All rights reserved
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DMCA Notices
Eco Toreda respects the intellectual property rights of others, and we ask our users to do the same. EcoToreda may, in its sole discretion, suspend the access or terminate the accounts of users who violate others' intellectual property rights.
If you believe that your work has been copied in a way that constitutes infringement on Eco Toreda's website, please provide the following information to EcoToreda's Copyright Agent.
Contact Eco Toreda:
The Eco Toreda Copyright Agent for notice of claims of copyright infringement on or relating to this website ("Notifications") can be reached either by sending an e-mail to copyright@ecotoreda.com or by sending a letter via U.S. Mail to: Eco Toreda International Inc., SJO-560727, #25331 Miami, Florida 33102 USA, Attn: General Counsel.
Submission of Notification:
To be effective, the Notification must include the following:
1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed ("Complaining Party");
2) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit EcoToreda to locate the material;
4) Information reasonably sufficient to permit EcoToreda to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5) A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6) A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Receipt of Notification:
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:
a) EcoToreda will remove or disable access to the material that is alleged to be infringing;
b) EcoToreda will forward the written notification to such alleged infringer (the "Alleged Infringer");
c) EcoToreda will take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.
Counter Notification:
An Alleged Infringer may submit a Counter Notification to contest the claim of alleged infringement. To be effective, a Counter Notification must be a written communication provided to EcoToreda's Copyright Agent that includes substantially the following:
1) A physical or electronic signature of the Alleged Infringer;
2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3) A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
4) The Alleged Infringer's name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the Alleged Infringer's address is located, or if the Alleged Infringer's address is outside of the United States, for any judicial district in which EcoToreda may be found, and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.
Receipt of Counter Notification:
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
a) EcoToreda will promptly provide the Complaining Party with a copy of the Counter Notification;
b) EcoToreda will inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
c) EcoToreda will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided EcoToreda's Copyright Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Alleged Infringer from engaging in infringing activity relating to the material on EcoToreda's network or system.