Thanks for joining the EcoSan community and thanks for using our services!
These terms of service (“Terms”) govern your use of the EcoSan services which include our website, applications, technologies, features, products, and services (collectively, the “Services”). These Services are provided to you by EcoSan Fleet Wash and Sanitation Limited (“EcoSan”).
PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND ECOSAN
These Terms govern your access or use of the Services made available by EcoSan and its subsidiaries, representatives, affiliates, agents, officers, and directors. PLEASE READ THE TERMS CAREFULLY, AS THEY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND ECOSAN. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE PROVISIONS RELATING TO DISPUTES AND ARBITRATION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THESE PROVISIONS ALSO INCLUDES A JURY WAIVER.
By accessing and using the Services, you confirm your agreement to be bound by these Terms and have taken time to consider the consequences of this important decision. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. EcoSan may immediately terminate these Terms or any Service with respect to you.
In these Terms, the words “including” and “include” mean “including, but not limited to.”
License
Subject to your compliance with these Terms, EcoSan grants to you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services and access and use any content, information, and related materials that may be made available through the Services for the period of your subscription.
Privacy
EcoSan does not sell or share your personal information or data to advertisers unless you give us specific permission. We will only share your information with third parties in accordance with your instructions or as necessary to provide you with the Services or in accordance with applicable law. For information about how we collect, use, share, or otherwise process information about you, please review our Privacy Policy. As discussed below, you retain all rights and ownership you have in the content you create using the Services.
Updates
Our Services are diverse and always evolving within our community. Sometimes these Terms will be amended, or additional terms or Service requirements may be added, without notice and at the sole discretion of EcoSan. We recommend that you monitor this website for changes to these Terms. We will post notice of modifications to these Terms on this page. Your continued use of this website or the Services after term revisions are in place indicates your continued agreement to these Terms as written on the date of each access by you to this website.
We may modify, update, or discontinue Services (including any portions or features) at any time, without liability to you or anyone else. However, for changes to paid Services, we will make reasonable efforts to notify you of the modification, update, or discontinuation.
Access and Use of our Services
Subject to your compliance with these Terms and applicable law, you may access and use the Services. You must not misuse the Services. For example, you must not:
It is our expectation that the users of our Services understand the laws that govern their community and will not utilize our Services to conduct any act that may be deemed illegal based on where the activity resides. You may use our Services only as permitted by applicable law and we reserve the right to suspend or stop allowing you to interact with our Services if you do not comply with these terms or if we have a good faith belief that you are using our Services for any illegal purposes or suspected misconduct. EcoSan does not purport to provide any legal advice nor does it condone any illegal activities.
The EcoSan communities often consist of users who expect a certain degree of courtesy and professionalism. You must use the EcoSan Services responsibly.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Access
In order to use most aspects of the Services, you must register for and maintain an active user account. You must be at least [21 years of age] to obtain an account, unless a specific Services permits otherwise. Account registration with EcoSan requires you to submit to us certain personal information, such as your name, address, mobile number and age, as well as at least one valid payment method supported by EcoSan if you subscribe to any one of EcoSan’s paid Services. You agree to maintain accurate, complete, and up-to-date information in your account profile. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your account username and password at all times. Unless otherwise permitted by EcoSan in writing, you may only possess one account.
Payment
You understand that the use of the Services, in some instances, may result in charges to you for the Services you receive. EcoSan will receive and/or enable your payment of the applicable charges for Services. Charges will be inclusive of applicable taxes where required by law.
All charges and payments will be enabled by EcoSan using the preferred payment method designated in your account, after which you will receive a receipt by email. If your primary account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that EcoSan may use a secondary payment method for your account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by EcoSan.
If EcoSan provides the Services to you as part of a subscription service, the subject to compliance with these Terms, we grant you a non-exclusive license to use the Services: (i) as long as your subscription is valid; and (ii) consistent with the Terms and related documentation.
Subscriptions
EcoSan provides paid subscriptions for the use and access to its Services. These subscriptions are offered as a month-to-month subscription, an annual subscription (paid monthly), or an annual subscription (prepaid). Your use and access to the subscribed Services begins as soon as your initial payment is processed. Depending on your subscription your subscription will automatically renew each month or annually, without notice until you cancel. You authorize us to store your payment methods and to automatically charge your payment methods every month or annually, as applicable, until you cancel your subscription. We will automatically charge you the then-current rate for your subscription, plus applicable taxes, every month or annually upon renewal until you cancel.
We may change your plan’s rate at each renewal term (whether monthly or annually), and we will notify you of any rate change with the option to cancel. If the applicable tax associated with your subscription changes at any time during your subscription term, we will accordingly adjust the tax-inclusive price for your subscription on your next billing date.
If your primary payment method fails, you authorize us to charge your secondary payment method associated with your account. If you have not provided us with a secondary payment method and you fail to provide payment, or if all payment methods in your account fail, we may suspend your subscription. You can edit your payment information anytime in your EcoSan account page.
Cancellation of your Subscription
You can cancel your subscription anytime via your EcoSan account page or by contacting EcoSan customer support. If you cancel within 14 days of your initial order, you’ll be fully refunded. Should you cancel after 14 days, your payment is non-refundable, and your Services will continue until the end of your subscription’s billing period.
Intellectual Property
EcoSan (and if applicable, our licensors) remain the sole owner or all right, title, and interest in and to the Services. Except as stated in these Terms, we do not grant you any rights to patents, copyrights, trademarks, or any other rights in respect to the items in the Services.
The Services, and all ancillary content associated with the Services, including this website, are the sole property of EcoSan, and includes graphics, logos, interfaces, layout, design, sounds, text, color scheme, blog posts, press releases. You are not entitled to use, in any way, any of the intellectual property or content associated with the Services, or ancillary content associated with the Services, including any development or technology within the framework of our Services, along with any adaptations, modifications, or additions to the Services, or this website for any reason without the express written consent of EcoSan prior to use.
All contents of the Services, including this website, are ©EcoSanRSRC. All rights reserved.
All trademarks, service marks, and trade names of EcoSan used in its Services including on this website, are trademarks or registered trademarks of EcoSan.
Our Services may display content that is not generated by EcoSan. User-generated content is the sole responsibility of the entity or individual that has produced it. We may review content to determine whether it is illegal, violates these Terms, applicable the law, or is simply erroneous. But that does not necessarily mean we review content, so please don’t assume we do. EcoSan does not endorse or support any user-generate comments or responses posted in its forums, and your decision to follow any such advice is done at your own peril. You are responsible for complying with all legal obligations and the intellectual property policies related to any use by you of any third party intellectual property displayed on this website or in the Services. You agree to indemnify and hold harmless EcoSan for any use by you of any third party intellectual property or proprietary information displayed on this website or in the EcoSan Services.
EcoSan retains the absolute right to alter any user-generated content uploaded to this website, including the right to brand user-generated content with the EcoSan logo, trademark, or other identifying marks. If EcoSan alters any user-generated content, the user-generated content provider may use the altered content as long as the use does not violate these Terms or applicable law.
Limitation of Liability
IN NO EVENT WILL ECOSAN (OR ITS LICENSORS), INCLUDING, WITHOUT LIMITATION, ANY OF ECOSAN’S RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, OR ASSIGNS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OF USE, PROFITS, REVENUES, DATA, BUSINESS INTERRUPTION, FINANCIAL LOSSES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOVER, REGARDLESS OF CAUSE (EVEN IF ECOSAN HAS BEEN ADVISED OF THE POSSIBILITY OF THE LOSS OR DAMAGE), INCLUDING LOSSES AND DAMAGES (A) RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEABLE; (B) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION; OR (C) ARISING FROM ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CERTAIN USERS OF THE SERVICES. NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ECOSAN FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO $100 OR THE AGGREGATE AMOUNT YOU PAID ECOSAN TO ACCESS AND USE THE SERVICES DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, WHICHEVER IS LARGER. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION, ECOSAN AND ITS LICENSORS WOULD NOT PROVIDE THE SERVICES TO YOU.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Warranties Disclaimer
ECOSAN PROVIDES ITS SERVICES ON AN “AS-IS” BASIS AND ECOSAN MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING THIS WEBSITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ECOSAN ALSO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGMENT, QUIET ENJOYMENT, AND DATA ACCURACY. OTHER THAN EXPRESSLY SET OUT IN THESE TERMS, ECOSAN MAKES NO SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. ECOSAN MAKES NO GUARANTEES THAT THIS WEBSITE IS FREE OF VIRUSES, MALWARE, OR OTHER MALICIOUS COMPUTER PROGRAMS, COMPONENTS, OR INFORMATION. YOU AGREE TO USE THIS WEBSITE AT YOUR OWN RISK.
Indemnity
You agree to indemnify and hold harmless EcoSan for certain of your acts and omissions. You agree to indemnify, defend (with counsel approved by EcoSan), and hold harmless EcoSan, its affiliates, officers, directors, employees, consultants, agents, and representatives, from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Services, including this website, any other party’s access and use of the Services with your unique user name and account credentials (username, password), your violation of these terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. EcoSan will notify you of any such claim, loss, liability, or demand, provided that EcoSan’s failure to notify you shall in no way eliminate or otherwise modify EcoSan’s rights to indemnification hereunder.
Our Services are only for the use by those aged 18 and older. Use of this website or our Services by those under 18 years of age is strictly prohibited.
Governing Law and Arbitration
These Terms shall be construed in accordance with and governed by the laws of the United States and the State of Colorado, without regard to conflict of laws of that or any other jurisdiction. Except for disputes brought in small claims court, all claims or disputes between you and EcoSan arising out of or relating to these Terms or the Services will be determined by arbitration in the County and City of Denver, Colorado before one arbitrator; provided, as a condition precedent to filing an arbitration, both parties must attempt to negotiate in good faith over a period of no shorter than 60 days after written request by one of the parties. In the event of an arbitration, the arbitration shall be according to the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (AAA Rules), then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. Judgment on the award may be entered in any court having jurisdiction. If this arbitration provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in the County and City of Denver, Colorado. You hereby accept the exclusive jurisdiction of such court for this purpose.
IF YOU ARE A NEW USER OF THE SERVICES, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION ABOVE (OPT-OUT) BY EMAILING ECOSAN AN OPT-OUT NOTICE TO rob@ecosanrsrc.com (OPT-OUT NOTICE) OR VIA U.S. MAIL TO: 2150 S. Bellaire St. -Ste 101, Denver CO, 80222. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU SIGNED UP FOR SERVICES FOR THE FIRST TIME, AS RECORDED BY ECOSAN’S SYSTEMS THAT TRACK SIGNUPS. In order to opt-out, you must email your name, address (including street address, city, state, and zip code, and if applicable, your EcoSan registration identification number), and email address associated with you EcoSan account to which the opt-out applies to rob@ecosanrsrc.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with EcoSan.
BY AGREEING TO THESE TERMS OF USE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMES COURT AS PROVIDED IN THIS SECTION).
Class Action Waiver
Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as named or unnamed member in a class, consolidated, representative or private attorney general legal action.
About these Terms
We may modify these Terms or any additional terms that apply to our Services, for example, terms that reflect changes to applicable law or changes to our Services. You should look at these Terms regularly. We’ll post notice of modified additional terms of the applicable Services on this page, our blog, and as a notice in our Services. Any changes or modifications will be deemed effective as of the date of posting. If you do not agree with any modified or added terms, you should discontinue the use of our Services and cancel your subscription.
If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
If you do not comply with these Terms, and we don’t take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).
General
You may not assign these Terms without EcoSan’s prior written approval. EcoSan may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of EcoSan’s equity, business, or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, EcoSan or any third party as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. EcoSan’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by EcoSan in writing. This provision shall not affect the severability or survivability language contained in the arbitration provisions.
Contact
To contact EcoSan with any questions or concerns in regards to these Terms of Use, or any other matter, please visit http://www.EcoSanrsrc.com/contact/.