ECODIRECT.COM TERMS OF SERVICE
Welcome to EcoDirect.com, a property of EcoDirect, Inc., a business incorporated in the State of California. This document constitutes a legally-binding agreement ("Agreement") governing the terms of providing you with our service. Throughout this document, the words "EcoDirect," "EcoDirect.com," "EcoDirect, Inc.," "us," "we," and "our," refer to us, EcoDirect, Inc., our website, EcoDirect.com, or our online store actually located at EcoDirect.com, as is appropriate in the context of the use of the words. Likewise, the words "you" and "your" refer to you, the person who is being presented with this document for your agreement.
2. Description of Service
EcoDirect designs and distributes clean energy solutions to homeowners and businesses. Anyone can shop with us, whether they are located within the United States or internationally.
3. Information Supplied
When using our website, you will provide your name, e-mail address, shipping address (and billing address if different), credit card information, and telephone number.
In addition to providing us with the above information about yourself, you must be at least eighteen years of age to use our service or place an order with us, or, if a higher minimum age of contractual capacity exists in your jurisdiction, you must be at least that age. This is because we cannot enter into a legally binding contract with you if you are under that age.
You may register for an account for easy order tracking or you can checkout anonymously. When providing credit card information, the credit card must be your own. If the credit card does not belong to you, you must have permission from the account holder to use their card for your transactions.
Please note that chargebacks are only appropriate for certain disputes, such as non-delivery of an item or delivery of an incorrect item. Any use of fraudulent chargebacks to obtain free goods from us is not only a criminal offense, but also strictly prohibited under this Agreement. In the event of a fraudulent chargeback, we will deal with it by reporting it to the offending user's local police department and one or more credit bureaus, as well as referring the matter to a collections agency and/or attorney for further legal action.
5a Ground Delivery
Shipping prices may vary by order size and weight. All shipping services are performed by UPS or FedEx. Be advised that we disclaim, and you release us from, all liability for lost, damaged, or stolen items, where the loss, damage, or theft occurs after we have submitted your order to UPS or FedEx for shipping.
5b Freight Delivery
All freight shipments must be inspected for damages at the time of delivery and if damages are present, must be noted on the BOL. All freight deliveries are insured for the value of the goods by the freight company making the delivery. EcoDirect is not responsible for damaged product reported after delivery is made. For more detailed information reference our shipping policy.
6. Payment Processing
We permit a variety of payment options when you checkout, which may vary in their availability. Currently, we can process credit card payments through the use of Google Checkout. Additionally, we can process bank debits and credit card payments through the use of PayPal. We also permit the use of wire transfers and government and educational institution purchase orders.
Please note that all PayPal orders must be for under $5000USD and destined for a PayPal-verified address located in the United States, Canada, or the United Kingdom. If you make a payment to us via PayPal that does not comply with this requirement, we will refund your money, less any fees or foreign exchange rate fluctuations if applicable.
7. Address Verification
We may verify your address through your credit/debit card issuer to verify your identity. If you have a different shipping address than billing address, please ensure that both are added to your payment card before placing your order.
8. Taxes & Duties
All orders shipped to a California address will be charged a 8.75% sales tax. Although we do not collect taxes for other states, you may be legally obligated to declare your purchase to your state revenue service and remit a sales or use tax to them.
Additionally, international orders will likely have taxes and/or duties applied to them when customers make a purchase.
We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases, and you agree that you are responsible to, and in fact will, report and pay all taxes and duties, if any, to the relevant government collection agency or agencies.
We may amend our refunds and returns policies from time to time. For an up-to-date description of our refunds policy and procedure, please visit our returns page. We will, however, always have a stocking fee, the rate of which is currently 20%. We also never accept returns on installed items.
We have a "Knowledge Base" section on our website which may give information about ecofriendly energy products and tips for installing them. We may also include installation and use instructions with the products we sell. However, as we are not present during any installation processes, we cannot warrant the successful installation of our products, and we recommend using a qualified electrician to do so. We disclaim, and you release us from any liability for, any loss that results from the improper installation or use of any of our products.
11. Affiliate Program
We may permit you to participate in our Affiliate Program, the details of which will be displayed to you when you apply for participation in it. You must place our banner on your website for a minimum of one year to be eligible for the Affiliate Program, and your payment may vary based on a number of factors, including traffic and content details.
Additionally, you acknowledge by becoming an affiliate that you are not an employee of EcoDirect, Inc., and that you are responsible for remitting all taxes, if any, that you are responsible for to any applicable government agency.
You also agree that by participating in our Affiliate Program, you will provide to us any tax documentation, such as an IRS W-2 form, that we may require for compliance with the relevant tax authorities.
By participating in our Affiliate Program, you agree you will not engage in any unlawful marketing practices, or any marketing practices which might annoy, harass, or be a nuisance to customers or other business owners, including, but not limited to, sending unsolicited e-mails and spamming forums, blog comment sections, and other websites with our banner, link, or other material associating your actions with EcoDirect, Inc.
You must also refrain from advertising EcoDirect, Inc., on any website that is violent, pornographic, hateful, racist, sexist, or otherwise distasteful. EcoDirect reserves the sole right to determine what constitutes "distasteful" for the purpose of our Affiliate Program.
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating product descriptions and reviews made available on our website.
EcoDirect is a trademark used by us, EcoDirect, Inc., to uniquely identify our website, business, services, and merchandise. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
14. Revocation of Consent
Where EcoDirect, Inc. has given prior written consent for your use of our protected material in accordance with our above "Copyright" and "Trademarks" provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.
15. DMCA Notices
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at:
Attn: Renee Donaldson
2235 Faraday Ave.
Carlsbad, CA 92008
If sending the notification by e-mail, an electronic signature is acceptable.
16. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR PRODUCTS INCLUDING DAMAGES SUCH FAILURE MAY CAUSE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE OF OUR PRODUCTS TO MEET YOUR EXPECTATIONS, INCOMPATIBILITY WITH YOUR CURRENT POWER SYSTEM, OR DISSATISFACTION. WE ARE ALSO NOT RESPONSIBLE IF YOUR ITEM CANNOT BE USED DUE TO YOUR LOCAL BUILDING CODES, EMBARGO, RECALLS, OR OTHER LEGAL PROHIBITION ON THE USE OF YOUR ITEM. YOU AGREE WE ARE NOT RESPONSIBLE FOR ANY INSTALLATION OR REPAIR COSTS THAT MAY BE ASSOCIATED WITH RECALLS OR OTHER INSTANCES REQUIRING OR MAKING IT PRUDENT THAT YOU REMOVE OR REPLACE OUR GOODS.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, SUCH AS USPS, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE OR THROUGH THIRD PARTY SHIPPERS WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY, OR PREVENT YOUR GOODS FROM ARRIVING QUICKLY.
THE PROVISION OF OUR GOODS AND SERVICES TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "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 OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
Product descriptions posted on our product pages are the representations provided by our suppliers and manufacturers. Please note that actual products may differ slightly from the pictures. EcoDirect is not responsible for typographical, pricing, product information, advertising, or shipping errors. Advertised prices and available quantities are subject to change without notice.
EcoDirect reserves the right to cancel an order or to issue a Returned Merchandise Authorization (RMA) for merchandise that is advertised in error, is unexpectedly out of stock, does not conform to specifications, or was shipped in error. EcoDirect will also cancel an order if it is deemed to be made in bad faith or for which we are unable to verify billing and shipping information with the credit card's issuing bank.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our goods and services to you, including any damages caused by your use of our website, your actions as an affiliate, or your use of our goods. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
18. Choice of Law
This Agreement shall be governed by the laws in force in the State of California. The offer and acceptance of this contract is deemed to have occurred in the State of California.
19. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of California.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys' fees, court costs, and disbursements in doing so.
You agree that the prevailing party in any dispute under this section will be entitled to payment by the unsuccessful party of the prevailing party, reasonable attorneys fees, costs, and disbursements in relation to the dispute.
20. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other, EcoDirect, Inc. shall have the sole right to elect which provision remains in force.
22. Termination & Cancellation
We may terminate your account or our provision of services to you, or cancel your order at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you will be limited to the amount you paid, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
If you are an affiliate and you violate this Agreement, we may terminate your account and refuse to pay any funds to you that you amassed prior to the termination.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.