TERMS OF USE

Terms of Use

Creation date: Feb 23, 2010

THE FOLLOWING DESCRIBES THE TERMS ON WHICH EARTH CITIZENS ORGANIZATION (ECO hereafter) OFFERS YOU ACCESS TO OUR WEBSITES, PLATFORMS AND SERVICES:

Welcome to ECO. We provide our websites to you subject to the terms of service set forth in this Terms of Service Agreement (the "Agreement"). A statement of our privacy policy may be found at http://www.earthcitizens.org/privacy.

We may update the Agreement at any time. When we do, we will revise the "Revision date" at the top of this Agreement, and you may view the most recent version at http://www.earthcitizens.org /terms/. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it. By continuing to use our website, you consent to any updates to this Agreement. This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between you and ECO regarding the use of our website. By accessing or using our website, you accept this Agreement and any modifications that we may make to this Agreement from time to time.


1. GENEAL TERMS

1.1. SERVICES

Our website provides our users with a variety of resources to facilitate organizing of groups, propose project aligned with the mission of ECO and raise fund for the project, use and/or share media content to help ECO achieve its goals.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our website. You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.

1.2. MEMBERSHIP

1.2.1 Eligibility. Certain services of our website including Earth Citizens Club (CLUB hereafter) and My ECO Project (PROJECTS hereafter) is available only to individuals who are at least 18 years of age. By registering to use these services, you represent and warrant that you are at least 18 years of age. We have the right, in our sole discretion, to suspend or terminate your use of our website and refuse any and all current or future use of all or any portion of our website.

1.2.2 Password and Security. When you complete our registration process you will create a password that will enable you to access our platforms and services. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that ECO cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 1.2.2.

1.2.3. Termination. You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, or terminate your account, for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of our service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our service. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the service. 


2. USE OF PLATFORMS

2.1 Control.

You, and not ECO, are entirely responsible for all of your public information that you upload, post, email, transmit or otherwise make available via our platforms. We do not control your public information or the public information of or posted by other users and do not guarantee the accuracy, integrity or quality of Your Information or the information of or posted by other users. Nor do we endorse any opinions expressed by you or other users. You understand that by using our platforms, you may be exposed to information that is offensive or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, Your Information, public information or information of or posted by other users. You agree that under no circumstances will ECO, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or Information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with our platforms, or for any failure to correct or remove information.

2.2 Grounds for Removal, Sanction and/or Suspension. 

Notwithstanding any other provision of this Agreement, the following types of actions are cause for immediate removal, repeal and/or suspension or termination of your account:

(a) The use of our platforms to:
(i) harm or intimidate another person in any way, including restricting or inhibiting any other user from using our Platforms
(ii) impersonate any person or entity (including ECO, ECO staff and other members), or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device;
(iii) disguise the origin of any public information that is transmitted to any third party;
(iv) "stalk" or otherwise harass another;
(v) advertise merchandise, auctions, services or commercial websites, including offers to trade or charitable solicitations unrelated to the topic or spirit of ECO;
(vi) resell public information or access to public information; or 
(vii) collect or store personal data about other users;

(b) Posting any Public Information or other material:
(i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of another's privacy (including the posting of private emails or contact information about another individual), hateful, or racially, ethically or otherwise objectionable, including any public information or other material that may be considered hate speech;
(ii) that is obscene, pornographic or adult in nature;
(iii) that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(iv) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy;
(v) that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, "spam," "junk mail," and "chain letters");
(vi) that is inappropriate, posted in bad faith, or contrary to the spirit of ECO;
(vii) that uses the platforms primarily as a lead generator or listing service for another website;

(c) Encouraging others to violate this Agreement;

(d) Refusing to follow ECO staff instruction or direction;

(e) Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national or international law, statute, ordinance or regulation;

(f) Disclose the Private Information of any member of a CLUB without the permission of that member; or

(g) Transmit money through financial accounts that are stolen, fraudulent or otherwise unauthorized.

Also, your posting of other inappropriate actions, Public Information or other materials may also warrant removal and/or suspension from our website. ECO reserves the right to remove any post or other material without warning or further notice.

While we prohibit such conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the platforms and join activities at your own risk.

2.4 Interference with Platforms.

You agree that you will not:

(a) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(b) interfere with or disrupt our platforms or networks connected to our website or through the use of our platforms, or disobey any requirements, procedures, policies or regulations of networks connected to our website or through the use of our platforms, or otherwise interfere with our platforms in any way, including through the use of JavaScript, active or other coding;

(c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or

(d) copy, reproduce, alter, modify, or publicly display any information displayed on our website (except for Your Information), or create derivative works from our website (other than from Your Information), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of ECO or any other third party, except with the prior written consent of ECO or the appropriate third party.

2.5 General Practices Regarding Use of Platforms. 

You acknowledge and agree that we may establish general practices and limits concerning the use of our platforms. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of Your Information. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.


3. YOUR INFORMATION

3.1 Consent to Disclosure. 

You acknowledge and agree that ECO may disclose Your Information as defined in 3.2 if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce this Agreement, (c) respond to claims that Your Information violates the rights of third parties; or (d) protect the rights, property or personal safety of ECO, its employees, users and the public. We also may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.

3.2 Your Information 

Your Information is defined as any information post or other material you provide (directly or indirectly), including through the registration process for a CLUB, or through the use of our platforms, in any public message board or through email. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your Public Information (as defined below).

Any of Your Information that, through the use of our Platforms or otherwise, you submit or make available for inclusion on publicly accessible areas of our website including your name and location is referred to as "Public Information"; any other portion of Your Information shall be referred to as "Private Information." "Publicly accessible" areas of our website are those areas that are available either to some or all of our members or to the general public.

You should understand that your Public Information may be accessible by and made public by search engines, metasearch tools, crawlers, metacrawlers and other similar programs.

3.3 PRIVACY.

ECO collects registration and other information about you through the platforms. Our collection, use, and disclosure of this information is governed by the ECO Privacy Policy Statement available at http://www.earthcitizens.org/privacy/.

3.4 Restrictions.

In consideration of your use of our services, you agree that Your Information:

(a) shall not be fraudulent;
(b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(c) shall not violate any law, statute, ordinance or regulation;
(d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(e) shall not be obscene or contain, pornography, child pornography, or photographs of unclothed person(s);
(f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(g) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
(h) shall not link directly or indirectly to any materials to which you do not have a right to link to or include.
(i) will provide us with your valid, current email address, both at the time of your registration with us and from time to time as your email address changes.

3.5 License.

We do not claim ownership of Your Information. We will use Your Information only in accordance with our privacy policy. However, to enable us to use your public information and to ensure we do not violate any rights you may have in your Public Information, you grant ECO a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in your Public Information, in any media now known or not currently known, with respect to your Public Information.

3.6 Restriction on Use of Your Information.

Except as otherwise provided in our privacy policy, we will not sell, rent or otherwise disclose any of your Personally Identifiable Information (as defined in our privacy policy) about you (including your email address) to any third party.


4. CLUBS

4.1 CLUB PLATFROM

ECO provides a meeting platform to help people create CLUBs, organize meetings and activities to support the mission of ECO.

4.2. FEES AND PAYMENTS

We do NOT allow a CLUB organizer to charge any fee for joining clubs. Paying expenses or fees for activities within a club is solely at club member’s discretion. You should use common sense and be careful in deciding whether to make a payment to an organizer or a leader. We cannot ensure that an organizer or a leader will use payments as promised, or that you will be happy with how your payment is spent. 

4.3 MEETINGS

CLUB Meetings. Through our platform we provide tools that enable our users to arrange physical meetings at venues that include, but are not limited to, public parks, private homes or private enterprises (such as coffee shops or retail stores). We do not supervise these CLUB meetings and are not involved in any way with the actions of any individuals at these CLUB Meetings. As a result, we have no control over the identity or actions of the individuals who are present at these CLUB meetings, and we request that our users exercise caution and good judgment when attending these CLUB meetings.

4.4 Release.

Because we do not supervise or control the CLUB Meetings or interactions among or between members of CLUB and other persons or companies, and because we are not involved in any way with physical transportation to or from CLUB meetings or with the actions of any individuals at CLUB Meetings, and because we cannot guarantee the true identity, age, nationality of the platform users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the platform you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of our platform, your attendance at, or the actions of you or other persons at, a CLUB meeting. 

4.5  COMMUNICATIONS 

4.5.1 CLUB Communications. You understand that certain communications, such as announcements and newsletters, as well as offers of sponsorship or promotion relevant and beneficial to you or your CLUB are part of our CLUB platform. By using our CLUB platform, you expressly agree to receive such communications from ECO.

4.5.2 Communications with Members of CLUBs. By joining a CLUB, you understand and agree that you may receive communication from your Organizer or Leader and their designees in the normal course of utilizing our platform. Your Organizer's or Leader's will be relayed to your email address through our platform, which does not disclose your email address.
4.5.3 CLUB Emails. You may receive email from other members of your CLUB via your CLUB's mailing list. You may also send an email to, or reply to an email from, other members of your CLUB. Bear in mind that when you send an email to your CLUB's mailing list, your email address will be disclosed to other members of your CLUB who have also subscribed to the mailing list. 

4.5.4 Message from members. If you are an Organizer or Leader, you agree to receive messages from individual members of your CLUB.

4.6 Role of Organizer and Creator and Host

4.6.1 You understand that the Organizer of a CLUB in which you are a member has the right, in his or her sole discretion, to temporarily suspend, indefinitely suspend or terminate your membership in his or her CLUB. Please be aware that an Organizer or Leader is not ECO's representative or agent, and therefore an Organizer or Leader may not enter into contractual relations or obligations on ECO's behalf.

4.6.2 Other Users. We do not control the information provided by other users, which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using our website. Please note there is a risk that you may be dealing with underage persons or people acting under false pretense.


5. PROJECTS

5.1 Project platform.

ECO provides a funding platform for creative projects. When a creator posts a project on ECO website, they’re inviting other people to donate to support their project.

5.2 Right to review and approve project.

ECO reserves the right to review and approve proposed projects on its discretion. 

5.2 Use of raised funds. 

The fund will be used only for the purposes laid out in the approved proposal. The fund can be provided in the form of grant, by paying invoice or through reimbursement in compliance with all applicable rules and regulations.

5.3 The creator’s obligation.

5.3.1 Integrity. Throughout the process, creators owe their supporters a high standard of effort, honest communication, and a dedication to bringing the project to life.

5.3.2. Implementation. The creator, on successful completion of the fundraising, agrees to implement the project and submit report at least three times on how funds are spent and the progress is made: on commencement of the implementation and in the middle of the project period. A final report is due, generally a month after the end of the project. 

5.3.3 Changes of project. Any changes to the funded project must be communicated to ECO as soon as possible to confirm ECO’s evaluation and approval.

5.3.4 ECO will exercise its best effort to support and ensure successful funding and implementation. However, supporters must understand that when they support a project, the proposed project may not meet the funding goal, or may not be completed successfully, and acknowledge that fulfilling the promises made in their project is the creator’s responsibility.

5.4 Transfer of funds

When a proposed project didn’t meet the fundraising goal, and therefore not implementable, the fund raised will be used to support ECO’s featured projects and/or general operation and other activities of ECO on ECO’s sole discretion. 

5.5 Administrative cost

When a project meets its fundraising goal, 5% of the fund will be hold as administrative cost, and the rest will be used to support the proposed project.

5.5 Scope of support

Currently, ECO does not have administrative capacity to support projects outside the United States. The project proposed by residents in other countries will be forwarded to our associated organization in those countries for review and approval on their discretion.


6. MEDIA

6.1 Media Platform.

ECO provides a media platform for uploading, viewing and sharing media content. 
6.2 Restriction

6.2.1 General Restriction. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses our service in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from our service, nor to use the communication systems provided by our system (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of our service. In your use of our Service, you agree to comply with all applicable laws.

6.2.2 No copying or downloading. You shall not download any Content unless you see a “download” or similar link displayed by our Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of ECO or the respective licensors of the Content.

6.3 Release

You understand that ECO is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ECO with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless ECO, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of our Service.

6.4 Your Content 

When you submit your content, you understand that ECO does not guarantee any confidentiality with respect to any Content you submit. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to ECO all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant ECO all of the license rights granted herein.

6.5 Ownership of content

You retain all of your ownership rights in your Content. However, by submitting Content to ECO, you hereby grant ECO a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to store, display, use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with ECO’s service and activities including ECO’s use of third-party services. You also hereby grant each user of the Service a non-exclusive license to access your Content through our Service. The above licenses granted by you will last one year and be automatically renewed annually unless you expressively notify through email or mail that you desire to terminate the license. 

6.6 Removal of content

ECO does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and ECO will remove Content if properly notified that such Content infringes on another's intellectual property rights. ECO reserves the right to remove Content without prior notice.


7. Our Rights

ECO reserve the right to make decisions to protect the health and integrity of our system. ECO reserves these rights:
(a) We can make changes to the ECO Site and Services without notice or liability.
(b) We have the right to decide who’s eligible to use our website. We can cancel accounts or decline to offer our Services. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use our website in that jurisdiction.
(c) We have the right to reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.


8. Disclaimer of Warranties

ECO MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. ECO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. ECO DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. ECO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN AS IS' AND 'AS AVAILABLE BASIS. 

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BYAPPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS' IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.


9. Limitation of Liability

IN NO EVENT WILL ECO BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (Ill) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF ECO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, ECO’s LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.


10. Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless ECO, its parent organization, subsidiaries, affiliated organizations or companies, joint ventures, business partners, licensors, employees, agents and any third-party information providers to the Service 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 the Site, the Service, or the Content, or any violation by you of this Agreement.


11. Dispute Resolution

11.1 Process. 

The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement or your use of our service. In the event that the dispute, claim or controversy is not resolved by these negotiations, the matter will be submitted to Judicial Arbitration and Mediation Services, Inc. (a.k.a. "JAMS"), or its successor, for mediation pursuant to Section 11.2, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to Section 11.3. Nonetheless, legal action taken by ECO to collect any fees and/or recover damages for, or obtain an injunction relating to, our website operations, intellectual property or our Platforms, shall not be submitted to mediation or arbitration except as otherwise agreed to in writing by ECO. 

11.2 Mediation. 

Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS' panel of neutrals, and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case.

11.3 Arbitration. 

The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement that are not resolved by their mutual agreement by mediation under Sections 11.2 shall be submitted to final and binding arbitration before JAMS, or its successor, pursuant to the United States Arbitration Act, 9 U.S.C. Sec. 1 et seq. Either party may commence the arbitration process called for in this Agreement by filing a written demand for arbitration with JAMS, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of JAMS' Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties will cooperate with JAMS and with one another in selecting an arbitrator from JAMS' panel of neutrals, and in scheduling the arbitration proceedings. The parties covenant that they will participate in the arbitration in good faith, and that they will share equally in its costs.


12. MODIFICATIONS

We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of our services with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our service.


13. TRADEMARKS; COPYRIGHTS; PROPRIETARY RIGHTS

13.1 ECO's Trademarks. 

ECO’s trademarks and service marks, and other ECO logos, products and service names, are trademarks of ECO. Except as otherwise permitted by law, you agree not to display or use in any manner the ECO Trademarks without ECO's prior written consent.

13.2 Copyrights and Trademarks of Others. 

ECO respects the intellectual property of others, and we ask our users to do the same. To the extent ECO uses a trademark that is the property of a third party, ECO shall provide clear notice to anyone viewing ECO's use of that trademark that (a) ECO does not own the trademark and that the trademark is the property of a third party, (b) ECO has no affiliation, connection or association with that third party, and (c) if applicable, that third party has not approved or sponsored ECO's use of the trademark in any way. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our service to those who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information: i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; iii) a description of where the material that you claim is infringing is located on the site; iv) your address, telephone number, and email address; v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. 

Our administrative office can be reached 
by mail: ECO 340 Jordan Rd. Sedona, AZ 86336, or 
by email: support@earthcitizens.org

13.3 Proprietary Rights. 

You acknowledge and agree that our service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through our service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. 


14. ADDITIONAL TERMS

14.1 Notices. 

Except as otherwise stated in this Agreement or as expressly required by local law, any notice to us shall be given by certified postal mail to: ECO 340 Jordan Rd. Sedona, AZ or by email to support@earthcitizens.org, and any notice to you shall be given to the email address that you provided us during the registration process.

14.2 Entire Agreement. 

This Agreement constitutes the entire agreement between you and ECO, superseding any prior agreements between you and ECO. To the extent that you have previously registered with ECO and provided Your Information, this Agreement now governs how ECO may use Your Information, whether provided in the past or the future.

14.3 Governing Law. 

This Agreement and the relationship between you and ECO shall be governed by the laws of the State of Arizona without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within Arizona between Arizona residents, and you and ECO agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Arizona.

14.4 Severance. 

If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and ECO nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.

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By indicating during registration that you have read and agreed to this Agreement, you are agreeing that you have read and understand this Agreement and agree to all of the terms of this Agreement.