Terms and Conditions
Environmental Cleaning Organization, LLC (“ECO”), is an independent purveyor of educational materials, products, and accreditation. All use of the ECO’s website www.environmentalcleaning.org (the“Website”)is subject to the following terms and conditions:
CONSENT TO TERMS AND CONDITIONS. Access to and use of the services Environmental Cleaning Organization, LLC (“ECO”, “we”, “our”, etc.) and this website is subject to acceptance of these terms and conditions (“Terms and Conditions”). By accessing, using or obtaining any content, products, or services through our website you, the user(“you”, the “Customer”) agree to be bound by these terms. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE WEBSITE. If you do not accept all these terms, please do not use our services or our website. These Terms and Conditions govern the relationship between ECO and you, the Customer. These Terms and Conditions restrict your rights and remedies and provide protection to ECO, including warranty disclaimers and liability exclusions. By using ECO services and this website you acknowledge and agree that (a) this is a fair balance because this website is accessible by you conveniently and at no charge to access; and (b) if you do not agree or do not accept these Terms and Conditions, you can easily choose to not use this website or ECO services. If you disagree with anything in or are unwilling to be bound by these Terms and Conditions, including warranty disclaimers and liability exclusions, or if something is missing from these Terms and Conditions you consider essential, then you must not use this website. IF THERE IS ANY PART OF THESE TERMS AND CONDITIONS YOU DO NOT AGREE WITH, PLEASE DO NOT USE THIS WEBSITE OR ECO’S SERVICES. No alterations to these Terms and Conditions may be made by anyone, unless in writing by an authorized office of ECO.
INFORMATION AND PASSWORDS. You may register and create an account to access certain features and functions of the Website. You are solely responsible for maintaining the confidentiality of your user ID and password and are fully responsible for all activities that occur under your account. ECO shall not be liability or responsible for any lost or misused information.
USE OF ECO ACCESS AND INFORMATION. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement using ECO services, including our website in accordance with all terms and conditions herein. You agree to supervise all usage of ECO communications by minors under your name or account. You also warrant that all information supplied by you or members of your household transacting business with ECO is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the services provided by ECO shall be used only to make legitimate purchases for you or for another person for whom you are legally authorized to act.
Separate supplier terms and conditions may apply to your purchase of any goods and services that you select. You agree to abide by the terms and conditions of purchase imposed by ECO and any supplier with whom you elect to deal, or with whom ECO deals on your behalf, including but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of products or services. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any services, in your forfeiting any monies paid for such reservation(s) or purchase, and in ECO debiting your account for any costs ECO incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through ECO.
USER SUBMISSIONS. User Content includes but is not limited to, any text, images, photos, audio, video, location data, ratings, reviews, compilations, messages or other information that is publicly displayed by you. By submitting User Content, you affirm that any information submitted is accurate. ECO does not verify the accuracy of the information submitted by users.
By submitting User Content to the Website, you represent and warrant that: (1) you are the sole author and owner of any intellectual property protected User Content you submit; (2) you are solely responsible for any contributions, comments, or postings you submit, including any feedback or questions; (3) you are at least 18 years old; (4) your use of the User Content does not violate this Agreement and will not injure any person or entity; (5) You have not been offered, have not accepted, and are not entitled to receive any compensation in any form and from any party in connection with submitted User Content; (6) you will indemnify, defend and hold harmless ECO, its officers, directors, employees and agents from any third party claim(s) and any damages, losses or injuries resulting from the display of your User Content.
You further agree and warrant that you will not: (1) submit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable; (2) submit any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (3) submit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (4) submit any User Content that is false or misleading; (5) Use the Website for sales and marketing purposes; (6) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (7) invade another’s privacy in any way, including posting another’s personal details without their prior permission; (8) disguise the origin of any User Content submitted in any way; (9) act in a manner that affects other users’ ability to engage in real time exchanges; (10) intentionally or unintentionally violate any applicable local, state, provincial, national or international law.
ECO has the right in its sole discretion to remove, refuse, move, edit or delete any User Content submitted, regardless of whether such content violations this Agreement. Any submission to the Website will be deemed and shall remain the property of ECO. By submitting User Content to the Website, you grant ECO and its affiliates a royalty-free, perpetual, irrevocable, world-wide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the User Content in any media or medium, form, format or forum.
INTELLECTUAL PROPERTY. ECO retains all right, title and interest, including all intellectual property rights, in and to the information and content on the Website, including, without limitation, any text, graphics, logos, buttons, icons, images and audio clips (“ECO Content”). In addition, this Agreement grants you no right, title, or interest in any intellectual property owned or licensed by ECO, including ECO’s registered trademarks, service marks, logos, brand names, trade dress and trade names (“Trademarks”). You may not use any of the ECO Content or Trademarks in any manner not specifically permitted under this Agreement.
DISCLAIMER OF WARRANTY. ECO DOES NOT WARRANT OR GUARANTEE THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF THE WEBSITE AND DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE. THE WEBSITE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED. ECO DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES THAT ARE NOT SUBJECT TO EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS ACQUIRED AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
INDEMNIFICATION. You agree to defend, indemnify and hold harmless ECO and its officers, directors, employees, agents, independent contractors or licensors (collectively the “ECO Parties”) from an against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by the ECO parties in connection with any claim by a third party arising out of (1) your use of the Website and any material you access using the Website or by any other means; (2) a third party’s use of such material that you access using the Website and make available to such third party; or (3) your violation of this Agreement or any applicable law. You further agree that you will cooperate fully in the defense of any such claims. ECO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of the relevant ECO Parties.
LIMITATION OF LIABILITY. Under no circumstances shall ECO be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, including but not limited to, damages for lost profits, business interruption, goodwill or other intangible losses of any kind arising from or relating in any way to (1) your use of or inability to use the Website or the information contained in the Website; (2) any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure; and (3) any other matter relating to the Website, even if advised of the possibility of such damages.
RESERVATION OF RIGHTS: CHANGES TO THESE TERMS. We reserve the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted here on this website and are effective immediately on posting. Please check frequently, especially before you use this website, to see if these Terms changed. Use of the website after any changes to the Terms constitutes your consent to the changes.
ACCESS TO PASSWORD PROTECTED/SECURED AREAS. Access to and use of password protected and/or secure areas of this website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of this website may be subject to prosecution.
E-MAIL UPDATES. ECO may provide e-mail news service or other prompts to new content available. Your use of such content received through the e-mail news service will be subject to these Terms and Conditions.
ADDITIONS AND CHANGES. You agree to review these Terms and Conditions on a regular basis to be aware of Changes (as defined herein) and any notices we may send to you. ECO has the right, at any time, to: (a) add, change or discontinue any aspect or feature of this website and any other data, including, but not limited to, content, availability and equipment needed for access or use; (b) impose, change or modify its Terms and Conditions applicable to your use of the this website, subscription services, or any part thereof; and/or impose, change or modify the terms and conditions of these Terms and Conditions (“Changes”). Such Changes shall be effective immediately upon notice by posting the Changes on ECO’s website or by any other method of notice it deems appropriate.
SECURITY AND PRIVACY. Any passwords used for registration on this site are for individual use only. You may not share your password with anyone. You are solely responsible for the security of your password and any use of the services by anyone else with whom you share your password. We may monitor your password and, at our discretion, require you to change it. If you use a password that we consider insecure, we may require it to be changed or we may end your account.
If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate all suspected violations of these Terms and Conditions.
We reserve the right to fully cooperate with any law enforcement authorities or court order requesting disclosure of the identity of anyone posting any e-mail messages or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS ECO FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ECO DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ECO OR LAW ENFORCEMENT AUTHORITIES.
TERMINATION. ECO may immediately suspend access to the Website and remove and discard any User Content you submitted to the Website for any reason if ECO believes you have violated or acted inconsistently with the terms of the Agreement. Termination of your access to the Website may be effective without prior notice. ECO will not be liable to you or any third-party for termination of your access to the Website.
RELATIONSHIP. Your use of the Website does not create, and nothing contained in this Agreement will be deemed to establish, an employment, agency, franchise, joint venture or partnership relationship between you and ECO. Use of the Website does not provide you with the authority to enter into any agreements for or on behalf of ECO. Moreover, use of the Website does not grant you the authority, either express or implied, to incur obligations or liability on behalf of ECO. By using the Website, you agree that you will make not attempt to subject ECO to any such obligation or liability.
WAIVER. Failure by ECO to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
CHOICE OF LAW AND DISPUTE RESOLUTION. This Agreement and all other aspects of your use of the Website shall be governed by and construed in accordance with the laws of the State of Arizona, U.S.A., without regard to its conflict of laws rules. You agree that you will notify ECO in writing of any claim or dispute concerning or relating to your use of the Website and give ECO a reasonable period of time to address it before bringing any legal action, either individually or as a class member against ECO. You agree to submit to the personal jurisdiction of the state and federal courts located in the County of Maricopa, State of Arizona, U.S.A.
OTHER AGREEMENTS. This Agreement shall be subject to any other agreements you have entered into with ECO. If any such agreements conflict with the terms of this Agreement, the other agreements shall control.
ADDITIONAL TERMS. Certain sections or pages on the Website may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the case of conflict, the additional terms and conditions will govern for those sections or pages.
SEVERABILITY. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
EFFECT. This Agreement is binding on, inures to the benefit of, and is enforceable against the parties to this Agreement and their respective successors and assignees. Neither the course of conduct between the parties to this Agreement nor trade practice shall serve to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved.