Eco User Agreement

  • Updated

User Agreement

Effective May 10, 2022

 

This User Agreement between you (referred to herein as “you”, “User” or “customer”) and Eco, Inc. (together with its affiliates and subsidiaries, “Eco”, “we”, “us” and “our”) governs your access and use of Eco’s products, services, technologies or other offerings, whether provided via www.eco.com, associated websites, or the Eco mobile app (the “Eco Platform”).

 

By signing up for an account or otherwise using the Eco Platform, you agree that you have read, understood and agree to comply with the terms of this User Agreement. If you do not agree with anything contained in this User Agreement, please do not create an account, submit information to, access information from, or otherwise interact with the Eco Platform. In addition to this User Agreement, your use of the Eco Platform is also governed by our Privacy Policy, Cookie Policy, and E-Sign Consent, and you acknowledge that you have read, understood and agree to comply with the terms of those policies.

 

Note that we may update this User Agreement from time to time, and while we will typically notify you in the event of changes, it is your responsibility to review the User Agreement from time to time to see if it has been updated. Your continued use of the Eco Platform following any updates to this User Agreement constitutes your acceptance of the updated terms, unless we are required by law to get your affirmative consent.

 

We may supplement this User Agreement with the following:

 

  • Specific Terms Agreed to by You. If you qualify to participate in one or more Eco products or services, we may ask you to enter into one or more supplemental agreements with us. In that event, the terms contained in those agreements will supplement the below provisions relating to the collection, use, sharing, and securing of your information.

 

  • Other Supplemental Notices. Additionally, we may supplement this User Agreement with other supplemental notices posted on specific web pages within the Site or within the Eco mobile application.

 

  • Partner Terms. Some of the services and features that you can access through the Eco Platform (“Third Party Services”) are offered directly by, or in partnership with, third parties (“Third Party Providers”). As part of accessing those Third Party Services you may be required to agree to additional terms and conditions directly with one or more Third Party Providers, and those terms shall govern your use of such Third Party Services (“Third Party Terms”).

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  1. ACCOUNT ELIGIBILITY & REGISTRATION

1.1. Eligibility. Certain elements of the Eco Platform are publicly accessible, such as the Eco website. However, to use certain features of the Eco Platform, you must be at least 18 years old and reside in the United States. Additionally, certain products and services may not be available within your specific state or territory. As we are able to expand the availability of the Eco Platform to additional jurisdictions, you may gain access to certain products and services that were not previously available. Conversely, we may cease offering certain products and services in a given jurisdiction from time to time.

 

1.2. Registration. To access many of the features of the Eco Platform, you must register for an account (an “Account”), which will require you to provide certain information to Eco including your name, email address, phone number, date of birth and other information that we may request. In creating an Account and submitting any information to Eco, you agree that all such information is accurate and that should any of the information change, you will notify us as soon as possible.

 

1.3. Account Security. In creating and maintaining your Account, you are responsible for creating a strong password and maintaining security and control of such password and any other login information. You also agree to take whatever other security measures available, such as two-factor authentication through your mobile phone number or mobile device. Failure to do so may result in an unauthorized third party gaining access to your Account, which could result in the loss of personal and financial data as well as loss of funds available within your Account or any linked bank account. Further, you agree to never share your login credentials with any other person, or allow anyone else to access your Account.

 

1.4. Identity Verification. In order to verify your identity and the accuracy of the information provided by you during Account registration we may require you to submit certain additional information or documentation, including, without limitation, a copy of an unexpired government issued photo identification card such as a driver’s license or passport. Further, you hereby authorize us, or a third party service provider that we designate, to take any steps necessary to further verify your identity. If we are unable to verify your Account information or we determine that the information provided by you is incorrect, we may be required to prevent you from creating an Account, close or suspend your existing Account, or take any other steps we determine to be necessary.

 

  1. ECO SERVICES

Eco operates the Eco Platform which allows you to create and maintain an Account, which, together with the Third Party Services, allows you to buy, receive, hold and transfer funds in virtual currency in accordance with the terms of this User Agreement (the “Eco Services”).

 

2.1. Deposits. The Eco Platform allows you to link your bank account and complete deposits into your Account via automated clearing house (“ACH”) transfer. When you complete a “deposit” from your bank account into your Account, your funds are held by our Banking Partner (as defined in Section 2.7 below) in an FBO account (a “Deposit”). Following a Deposit, your Account may not be credited for up to five (5) business days so that the transfer from your bank account has time to process. The name on any linked bank account you use for Deposits must match the name associated with your Account.

 

2.2. Recurring Deposits. You may initiate recurring deposits into your Account, in which case you authorize us to initiate recurring electronic payments in accordance with your selected amount, such as recurring ACH debit entries from your linked bank account, or direct deposits from your payroll provider (“Recurring Deposits”). Your recurring transactions will occur in identical, periodic installments, based on your period selection (e.g., daily, weekly, monthly), until either you or Eco cancels the recurring order. If you select a U.S. bank account as your payment method for a recurring transaction, and such transaction falls on a weekend or holiday, or after bank business hours, the ACH credit or debit will be executed on the next business day. If your bank is unable to process any electronic ACH debit entry, we will use commercially reasonable efforts to notify you of cancellation of the transaction and notify you of your options to try again or otherwise work with your bank.

 

2.3. Alternative Deposit Methods. Eco may also support deposits via alternative methods such as wire transfer or virtual currency transfer in its sole discretion.

 

2.4. Withdrawals. The Eco Platform allows you to link your bank account and complete withdrawals from your Account via ACH transfer. When you complete a withdrawal from your Account to your bank account (a “Withdrawal”), the amount of the Withdrawal will be debited from the FBO account at our Banking Partner and transferred to your linked bank account. Following a Withdrawal, your Account will immediately be debited for the amount of the Withdrawal, but your bank account may not be credited for up to five (5) business days so that the transfer to your bank account has time to process. Once Eco has initiated a Withdrawal following your instructions the timing of the availability in your bank account may be further delayed by your bank. The name on any linked bank account you use for Withdrawals must match the name associated with your Account.

 

2.5. Transaction Processing. You cannot cancel, reverse, or change any Deposit, Recurring Deposit or Withdrawal (each, a “Transaction”) once submitted and marked as complete or pending. If your Transaction is not successful for any reason, if your payment method has insufficient funds, or if you reverse a payment made from funds in your bank account, you authorize Eco, in its sole discretion, either to cancel the transaction or to debit your other payment methods, including your Account balance or other linked accounts, in any amount equal to the Transaction amount. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, non-sufficient funds (NSF), or similar fees charged by your bank account or payment provider. We reserve the right to refuse to process, or to cancel or reverse, any Transaction in our sole discretion, even after funds have been debited from your account(s), if we suspect the Transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order; if we reasonably suspect that the Transaction is erroneous; or if we suspect the Transaction or your actions on the Eco Platform violate this User Agreement.

 

2.6. Holding an Account Balance. The Eco Platform allows you to maintain an Account balance for the purpose of completing subsequent Transactions or Payments (as defined in Section 2.8 below) and earning Rewards (as defined in Section 3 below).

 

2.7. Banking Services. Certain banking services associated with the Eco Platform are provided by Piermont Bank, Member FDIC (“Banking Partner”). Certain transactions will be processed through an FBO account we hold at Piermont Bank for the benefit of our customers or users. We will provide you with a monthly summary statement that describes your transactions.

 

2.8. Third Party Services. When you complete a Deposit, Recurring Deposit, Withdrawal or hold a balance in your Account on the Eco Platform, such activities are Third Party Services provided by a Third Party Provider. Other than as explicitly set forth in this User Agreement, all such activities relating to your Account are governed by the applicable Third Party Terms that you have agreed to with such Third Party Provider. Once any Transaction has been successfully processed and deposited or withdrawn from your Account, Eco shall bear no further liability for such funds or for any activity related to such funds or your Account.

 

2.9. Merchant Spending. The Eco Platform also allows you to spend your Account balance at supported merchants (a “Merchant Transaction”). Merchant Transactions are irreversible and if you have any issues resulting from the goods or services purchased through a Merchant Transaction, unless such issue results from a failure by Eco to properly process such Merchant Transaction, you must resolve such issues directly with the applicable merchant.

 

2.10. Availability of Third Party Services. We reserve the right to change, suspend, or discontinue the availability of any Third Party Services on the Eco Platform at any time, including hours of operation or availability of any feature, without notice and without liability.

 

2.11. Changes to Eco Services. We reserve the right to change, suspend, or discontinue any aspect of the Eco Services at any time, including hours of operation or availability of any feature, without notice and without liability. Suspension of your use of any of the Eco Services will not affect your rights and obligations pursuant to this Agreement.

 

  1. USER REWARDS

3.1. Rewards. You may receive rewards based on the balance held in your Account (“BalanceRewards”), calculated using an annual percentage rate (“Applicable Balance Rewards Rate”).

 

The current Applicable Balance RewardsRate for Balance Rewards will be displayed in your Account or otherwise on the Eco Platform. The Applicable Balance Rewards Rate may be increased or decreased based on the amount held in your Account, your activity on the Platform or otherwise, as determined in Eco’s sole discretion. Balance Rewards will typically be paid out within the first five (5) business days following the end of each calendar month. Eco reserves the right to change the Applicable Balance Rewards Rate or discontinue the Balance Rewards program entirely at any time without advance notice.

 

3.2. Cash Back Rewards. Eco may, from time to time, pay you rewards in connection with completing transactions through the Eco Platform with certain supported merchants and for certain other activities that Eco, in its sole discretion, may determine are eligible for such rewards (“Cash Back Rewards”). These Cash Back Rewards will typically be calculated as a percentage of your spending activity, which may vary based on the size of such transaction, the specific merchant, or any other factor determined by Eco (the “Applicable Cash Back Rewards Rate”).

 

The Applicable Cash Back Rewards Rate for Cash Back Rewards on the balance in your Account will be displayed in your Account or otherwise on the Eco Platform. Cash Back Rewards will typically be paid out within the first five (5) business days following the end of each calendar month.

 

3.3. Eco Points. Eco currently rewards users with “Eco Points” in connection with maintaining a balance in your Account, completing transactions with supported merchants using the Eco Platform, and certain other activities. Currently, Eco Points hold no monetary value and cannot be withdrawn, exchanged, redeemed or spent. Eco reserves the right, in its sole discretion, to supplement, exchange or replace Eco Points in the future, and the calculation and conversion of any resulting replacement will be determined in Eco’s sole discretion.

 

3.4. Referral Bonuses. Referring new users to the Eco Platform may result in you earning a higher Applicable Balance Rewards Rate, Applicable Cash Back Rewards Rate, Applicable Points Rewards Rate, or other rewards, benefits or access to features, as determined in Eco’s sole discretion (each, a “Referral Bonus”). You will only be eligible for such Referral Bonus, if: (i) the referred individual is able to successfully open an Account, (ii) the referred individual does not currently, and has not previously, maintained an Account, and (iii) we are able to verify, in our sole discretion, that you actually referred such individual through use of a personalized referral link, code or otherwise. Eco may make certain Referral Bonuses contingent on you and/or your referred customer completing additional actions such as linking a bank account, successfully completing a deposit, successfully completing a transaction, maintaining an Account (or Account balance) for some period of time, or any other requirements that Eco determines and communicates to you. The specific nature of any Referral Bonus will be communicated to you on the Eco Platform and may be subject to limits and changes.

 

3.5. Other Rewards. Eco may, from time to time, in its sole discretion offer additional rewards or incentives for Eco users in connection with your use of the Eco Platform or any Eco Services or Third Party Services (“Other Rewards”). These Other Rewards may have additional eligibility requirements to be determined in Eco’s sole discretion, provided that Eco will typically inform you of the eligibility criteria for such Other Rewards.

 

3.6. Calculation of Rewards. All calculations of Balance Rewards, Cash Back Rewards. Eco Points, and Other Rewards (collectively, “Rewards”) shall be handled by Eco and such calculations shall be the sole and exclusive method of calculating such Rewards. You shall have no claim against Eco related to the delivery or calculation of Rewards. If Eco determines that you have received any Rewards in error, or that you have otherwise violated this User Agreement, Eco reserves the right to rescind any Rewards paid to you. If you believe that Eco has miscalculated any Rewards, please contact support@eco.com.

 

3.7. Changes to Rewards. Eco reserves the right to modify, suspend or discontinue any Rewards, including changes to your Applicable RewardsRate, Applicable Rewards Rate, or Applicable Points Rewards Rate at any time in our sole discretion. If you are not happy with any changes to the Rewards offered by Eco, your sole recourse is to stop using the Eco Platform.

 

  1. DISCLOSURES, RISKS & LIABILITY

4.1. User Error. You are solely responsible to ensure that all information and instructions provided to Eco are correct and complete. Eco will not be liable for any transactions which have been conducted in accordance with instructions provided by you, regardless of whether such instructions include incorrect, incomplete, limited or no identifying information related to a transfer. Where Eco attempts a transfer in accordance with your instruction and such transaction fails, Eco will notify you of the failed transaction attempt.

 

4.2. Third Party Services. Some of the services available to you on the Eco Platform are Third Party Services provided directly to you by Third Party Providers. Any use of such Third Party Services, as well as any claims or issues related to such Third Party Services, are governed by the terms and conditions that you agree to with such Third Party Providers in connection with accessing such Third Party Services.

 

 

4.3. Not a Bank. Eco is not a bank or otherwise licensed as a financial institution. Eco is a financial technology company that partners with Third Party Providers to allow you to access certain licensed Third Party Services.

 

4.4. No Insurance. Deposits held on the Eco Platform are not insured by the Federal Deposit Insurance Corporation (FDIC), Securities Investor Protection Corporation (SIPC), or any other governmental or private deposit insurance scheme or program.

 

4.5. Risk of Loss. When you hold a balance in your Account, the applicable funds are held by a Third Party Provider. If such Third Party Provider suffers a security breach or other loss, you may suffer a loss of some or all of your Account balance.

 

4.6. General Risks. Your use of the Service is entirely at your own risk. Eco is not in the business of providing legal, tax, financial, accounting, employment, or other professional services or advice. You should consult a professional if you need such assistance.

 

4.7. No Warranty. The Service is provided "AS IS" and on an "AS AVAILABLE" basis. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ECO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DATA LOSS, NONINFRINGEMENT, OR THE ACCURACY, RELIABILITY, QUALITY OF ANY INFORMATION OR CONTENT IN OR LINKED TO THE SERVICE. ECO DOES NOT WARRANT THAT THE SERVICE WILL BE COMPLETELY SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. ECO DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF THE ECO PLATFORM, AND OPERATION OF THE ECO PLATFORM MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. ECO WILL MAKE REASONABLE EFFORTS TO ENSURE THAT INSTRUCTIONS ARE EXECUTED IN A TIMELY MANNER BUT ECO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE FIAT OR DIGITAL CURRENCY PROCESSING BECAUSE THE ECO PLATFORM IS DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. If the exclusions for any implied warranties do not apply to you, any implied warranties are limited to sixty (60) days from the date of delivery of the Service.

 

  1. AUTHORIZED USE

5.1 .General. Your access to and use of the Eco Platform is subject to all applicable international, federal, state and local laws, regulations and privacy policies and you agree not to use the Eco Platform in any way that violates such laws or regulations.

5.2. Restricted Activities. In connection with your use of the Eco Platform, you that you will not:

5.2.1. Violate (or assist another in violating) any applicable law, statute, ordinance or regulation;

5.2.2. Defraud (or assist another in defrauding) Eco or any other Eco users;

5.2.3. Provide false, misleading or inaccurate information;

5.2.4. Transmit or upload any virus, worm, or other malicious code, software, or program;

5.2.5. Attempt to gain unauthorized access to other Accounts, the Eco website, the Eco Platform, or any related networks or services;

5.2.6. Use the Eco Services or Eco Platform on behalf of any third party; or

5.2.7. Decompile, disassemble or reverse engineer the Eco Platform or any of its components or source code, or modify, tamper, create derivative works, or otherwise incorporate the Eco Platform in other programs without our consent.

 

5.3. Prohibited Transactions. You agree not to use the Eco Platform for any transactions involving:

5.3.1. any persons or jurisdictions contained on any sanctions lists maintained by the U.S. Treasury Department’s Office of Foreign Asset Control, the U.S. Commerce Department, the U.S. Department of State, or any other similar government authorities or agencies;

5.3.2. weapons of any kind, including firearms, ammunition, knives or explosives;

5.3.3. controlled substances, including, but not limited to, narcotics, prescription drugs, steroids, or related paraphernalia;

5.3.4. gambling activities;

5.3.5. money-laundering or terrorist financing;

5.3.6. ponzi, pyramid, multi-level marketing, or other “get rich quick” schemes;

5.3.7. annuities, lotteries, or lay-away systems;

5.3.8. counterfeit goods, including, but not limited to, fake or “novelty” photo IDs;

5.3.9. goods or services that are otherwise illegal or prohibited by federal, state, or local law; or

5.3.10. any other matters, goods, or services from time to time we communicate to you as unacceptable to us or our financial and banking partners.

 

  1. DISPUTE RESOLUTION

6.1. Complaint Process. If you have a complaint or dispute with Eco (a “Complaint”) you agree to first contact Eco at support@eco.com so that we may attempt to resolve your Complaint. If we are unable to resolve your Complaint through customer support within 15 business days, your sole and exclusive remedy for any Complaint, dispute, controversy or claim, whether founded in contract, tort, statutory or common law, concerning or arising out of this User Agreement or your use of the Eco Platform, including the applicability, scope or validity of this Section 6 (a “Claim”), shall be pursuant to the binding arbitration provisions below.

 

6.2. Arbitration. Notwithstanding any other provision in this Agreement, if either you or Eco have any Claim, upon the demand of either party, such Claim will be settled by individual (not class or classwide) binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the then current Commercial Financial Disputes Arbitration Rules, including any expedited procedures. A demand that a Claim be submitted to arbitration may be made before the initiation of any legal proceeding or within ninety (90) days following the service of a complaint, third-party complaint, crossclaim or counterclaim and if a party in a pending legal proceeding demands a Claim to be submitted to arbitration, the party initiating the action will immediately dismiss the legal proceeding and file the claim in arbitration. Arbitration hearings will be held in a mutually agreeable location or if no such agreement can be reached, in San Francisco, California. A single arbitrator will be appointed by the AAA and approved by each party. The arbitrator shall be a practicing attorney or retired judge having experience with and knowledge of online commerce law. The arbitrator will follow the law and will give effect to any applicable statutes of limitation. The prevailing party shall be entitled to an award of the costs and expenses of the arbitration, including court fees, attorneys' fees and expert witness fees. A judgment on the award may be entered by any court having jurisdiction. The parties agree and acknowledge that this agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act (Title 9 of the United States Code) shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this User Agreement.

 

6.3. Class Action Waiver. TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND ECO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

 

  1. LIMITATION OF LIABILITY; INDEMNIFICATION

7.1. Limitation of Liability. Eco and its affiliates, agents, officers, and employees will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Eco has been advised of the possibility of such damages. The total liability of Eco for any claim arising out of or relating to this User Agreement or your use of the Eco Platform, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use the Eco Platform.

 

7.2. Indemnification. You agree to indemnify, defend and hold Eco and its agents, contractors, services providers and affiliates (“Indemnified Parties”), harmless against all liabilities, claims, demands, damages, losses, fines, judgments, disputes, costs, charges and expenses (including, without limitation, reasonable attorneys' fees incurred in connection with such claims) made by you or others resulting from, arising out of or related to (i) any breach or alleged breach of this User Agreement or any related policies such as our Privacy Policy, (ii) your violation of any law, regulation, order or the rights of a third party, (iii) Eco's or any other Indemnified Party's reliance on Account information, transaction instructions, or other information and data furnished by you or (iii) information and data resulting from activities that Eco or any other Indemnified Party undertakes at your request, or at the request of anyone Eco or any other Indemnified Party believes in good faith to be your authorized agent, in providing the Services on the Eco Platform.

 

7.3. Third Party Websites and Services. The Eco Platform relies in whole or partly, on Third Party Services and third party software and the continued development and support of third parties’ use of the Eco Platform may be made conditional upon consenting to the terms and conditions of technology or functionality provided by such Third Party Providers or others. There is no assurance or guarantee that those third parties will maintain their support of their software, which might have a material adverse effect on the Eco Platform. The Eco Platform may contain links to third party vendors, websites, resources and services (“Third Party Material”) not controlled by us. You acknowledge and agree that Eco is not responsible or liable for (i) availability or accuracy of such Third Party Material, or (ii) the content, products or services on or available from such Third Party Material. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third Party Material.

 

  1. GENERAL TERMS

8.1. Entire Agreement. This User Agreement, together with the Privacy Policy, Cookie Policy, E-Sign Consent, and any other terms and conditions or policies agreed to by you during the life of your Account, constitutes the entire agreement between Eco and you regarding the Eco Platform and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter.

 

8.2. Severability. If any court of law, having the jurisdiction, rules that any part of this User Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable.

 

8.3. Termination; Amendment. We may terminate this User Agreement, or suspend or terminate your Account or your access to any Eco Service, at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on Eco Services or any feature or aspect of an Eco Service. We will take reasonable steps to notify you of termination or these other types of Eco Service changes by email or at the next time you attempt to access your Account.

 

You may also terminate the User Agreement applicable to your Account by deactivating your Account at any time. If this User Agreement is terminated or suspended for any reason: (a) the license and any other rights granted under this User Agreement will end, (b) you agree to immediately terminate and cease use of the Eco Platform and all Eco Services, (c) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Eco Services, or for deletion of your information or account data. The following sections of this User Agreement shall survive and remain in effect in accordance with their terms upon termination: 4 (Disclosures, Risks & Liability), 6 (Dispute Resolution), 7 (Limitation of Liability; Indemnification), and 8 (General Terms).

 

8.4. Assignment. This User Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.

 

8.5. Change of Control. In the event that Eco is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign your Account and the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

 

8.6. Intellectual Property. Eco owns all worldwide right, title and interest in and to the Eco Platform and the Eco Services, any updates or modifications made to or in relation to the Eco Platform or Eco Services, and any and all feedback, comments or suggestions of any kind regarding problems with or proposed modifications or improvements to the Eco Services (“Feedback”), received directly or indirectly from any user, partner or other third party to the maximum extent permitted by applicable law (“Eco IP”). This User Agreement does not convey any proprietary interest in or to any Eco IP or rights of entitlement to the use thereof except as expressly set forth herein. You acknowledge and agree that the fees paid pursuant to this User Agreement apply only to the use of the Eco Platform by you unless otherwise provided with written consent from Eco. If you choose to provide Feedback not otherwise assignable to Eco, you hereby grant Eco an unrestricted, perpetual, irrevocable, non-exclusive, fully paid-up, worldwide, royalty free right to exploit the Feedback in any manner and for any purpose, including to improve the Eco Services or Eco Platform and create other products and services.

 

8.7. Copyrights and Trademarks. The information available on or through the Eco Platform is the property of Eco, or its licensors, and is protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through Eco Platform for commercial or public purposes. You may not use the trademarks, logos and service marks (“Eco Marks”) for any purpose including, but not limited to use as "hot links" or meta tags in other pages or sites without the written permission of Eco or such third party that may own the Eco Marks. Questions concerning Eco Marks should be directed to info@eco.com.

 

8.8. Force Majeure. Eco shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions of this User Agreement.

 

8.9. Taxes. You are solely responsible for determining and paying any income, sales, federal or state taxes to the appropriate tax authorities in connection with any of your activities on the Eco Platform, including, without limitation, the receipt of any Rewards.

 

8.10. Unclaimed Property. If Eco is holding any funds on your behalf and we are unable to contact you and have no record of your use of the Eco Platform for several years, applicable law may require Eco to report your Account funds as unclaimed property to the applicable jurisdiction. If this occurs, Eco will try to locate you at the address shown in our records, but if Eco is unable to locate you, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. Eco reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.

 

8.11. Governing Law. This User Agreement and any Claim will be governed by the Federal Arbitration Act, as set forth above, and by California law and/or applicable federal law, without regard to choice of law or conflicts of law principles.

 

CONTACT US

If you have any questions or concerns, please do not hesitate to contact us.

 

Eco, Inc.

2261 Market Street #4348

San Francisco, CA 94114

Attn: Legal Department

support@eco.com

 

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