Terms of Use
Welcome to the website for EcoGear FX (EcoGear FX, Inc. a California Corporation). By using the EcoGear FX Web site YOU AGREE TO BE BOUND BY ITS LEGAL NOTICES (explained below), CONDITIONS OF USE, PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on the EcoGear FX Web site. The policies of EcoGear FX retail stores may differ substantially from those applicable to your use of the EcoGear FX Web site.
References to EcoGear FX herein refer to EcoGear FX, or their affiliates, subsidiaries and designees as deemed appropriate by EcoGear FX.
EcoGear FX reserves the right to make changes to its Legal Notices and Conditions of Use at any time. Each time you use the EcoGear FX Web site, you should visit and review the then current Legal Notices and Conditions of Use that apply to your use of this site and any transactions made while on the site. If you are dissatisfied with, its content or Legal Notices and Conditions of Use, you agree that your sole and exclusive remedy is to discontinue using the EcoGear FX Web site.
Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.
- Right to Download
- Proprietary Rights
- Notification of Copyright Infringement
- Applicable Law
- Links to Third-Party Web Sites
- Privacy
- Security
- Owner and Operator of the EcoGear FX Web site
Right to Download
You may only download Content displayed on the EcoGear FX Web site for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, “frame” or use the content of the EcoGear FX Web site including the text, images, audio and/or video for public or commercial purposes without written permission from an authorized representative of EcoGear FX. It is strictly prohibited to download the images of the products for sale within this site.
Proprietary Rights
All content included on or comprising the EcoGear FX Web site including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and EcoGear FX owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.
Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.
The EcoGear FX logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by EcoGear FX and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
By using the EcoGear FX Web site, you agree that any information (except for purchase information), materials, suggestions, ideas or comments you send to EcoGear FX or any other third party using the EcoGear FX Web site is non-confidential. By submitting any solicited or unsolicited information using the EcoGear FX Web site, you grant EcoGear FX an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law.
Notification of Copyright Infringement Under the Digital Millennium Copyright Act
If you believe that your copyrighted material may have been infringed, please provide EcoGear FX’s Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- 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 the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an e-mail address at which the complaining party may be contacted.
- 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.
- 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.
Applicable Law
The EcoGear FX Web site is created, operated and controlled by EcoGear FX in the State of California, United States of America. The laws of the State of California will govern the Legal Notices and Conditions of Use without giving effect to any principles or conflicts of laws.
Links to Third-Party Web Sites
The EcoGear FX Web site contains links to other sites operated by third-parties, including but not limited to third-party sites that display the EcoGear FX trademarks (“Third-Party Site(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose.
EcoGear FX does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content. A link to a Third-Party Site on the EcoGear FX Web site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. EcoGear FX makes no representation or warranty as to any products or services offered on any Third-Party Site.
The conditions of use and privacy policy of any Third-Party Site may differ substantially from the Conditions of Use and Legal Notices that apply to your use of the EcoGear FX Web site. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.
Privacy
Please review the EcoGear FX Privacy Policy for information on the privacy practices of the EcoGear FX Web site.
Security
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password.
The EcoGear FX Web site may only be used for lawful purposes. Activities including, but not limited to, tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.
Users are prohibited from violating or attempting to violate the security of the EcoGear FX Web site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using the web site for unintended purposes or trying to change the behavior of the site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of the Web site (impersonating the EcoGear FX Web site) or to the Web site (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of EcoGear FX, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.
You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the EcoGear FX Web site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the EcoGear FX Web site other than the search engine and search agents provided by EcoGear FX or generally publicly available browsers.
Owner and Operator of The EcoGear FX Web Site
EcoGearFX.com is the owner and operator of the EcoGear FX Web site.
