LAST MODIFIED: April 19, 2021
The following are the terms of an agreement between Eco-Mail Inc. (“Eco-Mail,” “we” or “us”) and you governing your use of www.eco-mail.com (our “Website”) and the applications which Eco-Mail creates, configures and hosts on behalf of its business customers, and any derivative products which are developed to work either remotely or on a mobile/tablet device (collectively “Applications”) (the Website and the Applications, including any content, functionality and services offered on or through the Website or the Services, collectively referred to as the “Services”)
Data Privacy and Personal Information
Eco-Mail and the Services are operated from within the United States. Eco-Mail makes no claim that the content of the Services may be utilized, accessed or appropriate in any particular jurisdiction outside of the United States. Access to the Services may not be legal in certain jurisdictions, and if you access the Services from outside the United States, you are responsible for compliance with local laws. You must not access or use the Services from a territory that is embargoed by the United States or from which it is illegal to receive products, services, or software from the United States. You agree that you will not use any content accessed through the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Third Party Links
The Services may contain links to other sites and resources provided by third parties, including social media widgets. Such links are provided for your reference and convenience only. Eco-Mail is not liable for the availability or accuracy of such third-party sources, and you assume all risk in using them. When you access these third-party sites or services, these third parties may place cookies and other tracking technologies on your computer and may have different rules for using or sharing any personal information that you submit to them. We encourage you to read their privacy policies before submitting your personal information.
When you access third party websites or interact or communicate with third parties through the Services, you do so at your own risk and subject to the terms and conditions of use for such websites or third parties. Eco-Mail is not responsible for the actions, content, information, data, practices, policies, or opinions of any third parties. You are solely responsible for your interactions with third parties and you should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person.
If you have a dispute with one more third-party websites or third parties, you hereby release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. We reserve the right, but have no obligation, to become involved in any way with these disputes. If you are a California resident, you waive California Civil Code §1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” If you are not a California resident, you waive any applicable state statutes of a similar effect.
You agree that all information you provide to create an account with us or to register for or use the Services is governed by our Privacy Statement, and you consent to all actions that we take with respect to your information consistent with our Privacy Statement.
Collection of Information by Third Party Providers
The personal information that you provide to us will be collected, stored, and processed in accordance herewith and with our Privacy Statement.
Eco-Mail uses Amazon Web Services to store and process your information in accordance with Amazon’s policies, terms, and agreements, available at https://aws.amazon.com/legal/. Additional information on Amazon Web Services and Amazon’s Privacy Statement is available at https://aws.amazon.com/privacy/.
By using the Services, you agree to be bound by the policies, terms, and agreements of Amazon Web Services.
Changes and Termination of Services
Information Provided Through the Services
By using the Services, you acknowledge and agree that you assume all liability for all content and other data that you submit through the Services, as well as the accuracy and appropriateness of such data and content. Furthermore, you acknowledge and agree that Eco-Mail in no way represents or warrants that (i) the Services will produce any guaranteed or specific results or that such results will meet your expectations or (ii) Eco-Mail independently verifies the accuracy of information provided by you.
If you have a dispute with a party that entered information at your direction, you hereby release Eco-Mail (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. If you are a California resident, you waive California Civil Code §1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
Internet Connections; Mobile Access
You understand that Eco-Mail provides the Services over the Internet and that such connections can be unpredictable, insecure, and unstable, and that Eco-Mail cannot guarantee uninterrupted access to the Services. Eco-Mail disclaims all liability in connection with any interruptions to Service access, security incidents or breaches arising from or attributable to an Internet and/or data connection. You agree to waive any and all claims against Eco-Mail in connection therewith.
To the extent you access the Services through a mobile device, you acknowledge and agree that your wireless service carrier’s standard charges, data rates and other fees may apply, and that all such charges and fees will be your sole responsibility. You should check with your carrier to find out what plans are available and how much they cost. By using the Services on your mobile device, you agree that we may communicate with you regarding Eco-Mail and the Services by electronic means to your mobile device and that certain information about your usage of the Services may be communicated to us.
When you access the Site and/or Services, you obtain access to various kinds of information and materials, all of which we call “Content.” You agree not to revise Content posted by us or others.
You represent and warrant that if you as a user upload, post, e-mail, transmit or otherwise make Content available on the Services (“Your Content”) you will not post any of Your Content in any manner that:
- Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
- Violates the applicable privacy, publicity, or other rights of third parties or any other applicable law, statute, ordinance or regulation;
- Is false or inaccurate or becomes false or inaccurate at any time;
- Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
- Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
- Misrepresents your identity in any way;
- Contains any viruses, Trojan horses, spyware, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Advocates or encourages any illegal activity; or
- Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
You grant Eco-Mail a fully-paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, create derivative works from, publicly display, derive revenue or other remuneration from, and communicate to the public Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content and in any suggestions, ideas, criticism, or other type of feedback you make relating to the Services.
Please be aware that other users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Services. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Eco-Mail, are responsible for all of Your Content on the Site.
- You will only use the Services in accordance with the laws of your jurisdiction.
- You will comply with applicable local, state, national or international laws, statutes, ordinances, rules, regulations or ethical codes governing your jurisdiction, including, without limitation, any laws regarding the export of data or software to and from the United States or other countries.
- You will not violate the rights of any other party.
- You will not engage in any conduct that restricts anyone’s use or enjoyment of the Services or may harm Eco-Mail or our users or expose them to liability.
- You will not impersonate or attempt to impersonate someone else or misrepresent your affiliation with someone else, including, but not limited to, Eco-Mail, an Eco-Mail employee, another user, or any other person or entity.
- You will create an account and/or register for the Services using accurate and current information.
- You may not decompile, reverse engineer, or otherwise attempt to obtain the source code of any content on the Services.
- You will independently verify the quality, relevance or accuracy of any information posted on the Services by others who post such information at your direction.
- You will not use contact information received through the Services for phishing, spamming and other unsolicited communications or data collection.
- You will not submit unsolicited promotional content, advertising, political campaigns, contests, raffles, or solicitations.
- You will not use the Services in a manner that could damage, disable, overburden, or impair the Services or to disrupt or interfere with another’s use of the Services, nor use any device or software that interferes with the proper working of the Services.
- You will not attempt to hack or otherwise gain unauthorized access to the Services or user accounts, attack the website via a denial-of-service attack or distributed denial-of-service attack.
- You will not use high volume, automated, or electronic means to access the Services (including without limitation robots, spiders or scripts), nor attempt to gain any unauthorized access to the server on which the Services is stored, or any server, computer, or database connected to the Services.
- You will not affect the display of the Services through use of framing, pop-ups or third-party ads.
- You will not transmit malware, software viruses, Trojan horses, worms, logic bombs, or any other malicious application or material to or through the Services.
- You will not threaten, dox, or otherwise harass users.
YOU WAIVE AND HOLD HARMLESS ECO-MAIL AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUCH PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Proprietary Rights; Licenses
With respect to our Applications, our agreements with our business customers govern ownership of the parties’ respective intellectual property and the grant of any licenses in respect thereof.
Claims of Copyright Infringement
If you believe that your copyrighted work has been unlawfully copied and is accessible on the Services in a way that constitutes copyright infringement, please send a notice of copyright infringement to:
118 North Bedford Road, Suite 100
Mt. Kisco, NY 10549
The notice should include:
- Your full name and electronic or physical signature.
- Your mailing address, phone number and email address (at which you can be contacted by us or the alleged infringer).
- A statement under penalty of perjury that you are the owner, or are authorized to act on behalf of the owner, of the copyright that is allegedly infringed, and that the information in your notice is accurate.
- A statement that you have a good faith belief that the disputed use of the copyrighted materials is not authorized by the copyright owner, its agent or by law, such as fair use.
- A description of the copyrighted work(s) that you claim has been infringed.
- A description of the location of the copyrighted materials on the Services.
Electronic Delivery Statement and Your Consent
You agree to receive legal notices and other information concerning Eco-Mail or the Services electronically, including notice to any email address that you may provide.
Term and Termination
Disclaimer of Representations and Warranties
THE SERVICES AND ANY ASSOCIATED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ECO-MAIL NOR ANY PERSON ASSOCIATED WITH ECO-MAIL MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR ANY ASSOCIATED CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER ECO-MAIL NOR ANYONE ASSOCIATED WITH ECO-MAIL REPRESENTS OR WARRANTS THAT THE SERVICES OR ANY ASSOCIATED CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, UPDATED OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
ECO-MAIL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
You may not assert claims for money damages arising from the Services or any associated content against Eco-Mail, its affiliates, licensors or service providers, or our respective employees, contractors, officers, directors and agents. Eco-Mail, its affiliates, licensors and service providers, and its respective employees, contractors, officers, directors and agents shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, whether caused by tort (including negligence), breach of contract or otherwise, even if Eco-Mail knew or should have known of the possibility of such damages, arising out of or in connection with (i) your use, or inability to use, the Services or any associated content on the Services, (ii) any interaction with any third party through or in connection with the Services, (iii) any information offered or provided within or through the Services, or (iii) any other matter relating to the Services. In no event shall Eco-Mail, its affiliates, licensors or service providers, or its respective employees, contractors, officers, directors and agents be liable to you in the aggregate (for all potential claims by you) for any damages incurred in excess of one hundred dollars ($100). The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
Limitation on Time to File Claims
Choice of Law and Jurisdiction
Binding Arbitration; Right to Opt-Out
You understand that you are waiving your right to have your claims heard in court by a judge or jury. An arbitration award is as enforceable as a court order and is subject to only limited review by a judge. You also understand and agree that this arbitration provision prevents you from participating as a plaintiff or as a class member in any purported class action or representative proceeding.
Arbitration will be subject to the Federal Arbitration Act and shall be commenced and conducted by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as amended by this provision, by one arbitrator that is acceptable to both parties. You can find out more AAA and how to file an arbitration claim at www.adr.org or by calling 800-778-7879.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Eco-Mail will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent arbitration from being cost-prohibitive. In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Eco-Mail for all fees associated with the arbitration paid by Eco-Mail on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
Despite this provision, you may file a claim in a small claims court that has jurisdiction to hear the matter.
Severability and Integration
The Services are operated by Eco-Mail. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to us at:
118 North Bedford Road, Suite 100
Mt. Kisco, NY 10549