Website Terms of Use

Last revised on: May 31, 2022

ecomadic Services, Inc. (“Company”, “us”, “our”, and “we”) provides this website, located at www.ecomadic.com (the “Site”), to you, the user of the Site (“you” or “your”) for your informational, noncommercial use, which is subject to the following Website Terms of Use (the “Terms”).  Certain features and services of the Site may be subject to additional guidelines, terms, conditions, and/or rules, which will be posted on the Site in connection with such features and/or services.  All such additional terms, conditions, guidelines, and rules are incorporated by reference into these Terms and nothing in these Terms is intended to modify such terms, conditions, guidelines, or rules.  For the purpose of the following Terms, references to “Company”, “us”, “we” and “our” include the Company and our affiliates, subsidiaries, agents, representatives, successors and assigns.  Using this Site to evaluate whether to enter into a business relationship with us shall not constitute a commercial use for the purposes hereof.  It is a violation of these Terms for you to use the Site in violation of any applicable laws and regulations or in violation of the rules of any of our service providers.  You shall use the Site strictly in accordance with these Terms and in a manner consistent with all applicable local, state, national and international laws and regulations.  

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE.  BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).  YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST SIXTEEN (16) YEARS OLD.  IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

We reserve the right to modify this Site and the rules and regulations governing its use, at any time, including, without limitation, these Terms.  Modifications will be posted on the Site and the “Last Revised” date at the top of this web page will be revised.  You understand and agree that if you use this Site after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms.  We may make changes in the products and/or services described in this Site at any time.

1. Accounts 

   1. Account Creation.  In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form, including, without limitation, your name, email address, phone number, address, birth date, and password.  You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information.  You may delete your Account at any time, for any reason, by following the instructions on the Site.  Company may suspend or terminate your Account if we have reasonable grounds to suspect that your Account information is untrue, inaccurate, non-current or incomplete or in accordance with Section 9. 

   2. Account Responsibilities.  You are responsible for maintaining the confidentiality of your Account login information, including, without limitation, your password and any security questions associated with your account, and are fully responsible for all activities that occur under your Account.  You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.  We reserve the right to take any action that we deem necessary to ensure the security of the Site and your Account, including without limitation changing your password or terminating Your Account. You are solely liable for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep your Account information and the security questions and responses confidential, whether such failure occurs with or without your knowledge or consent. 

2. Privacy Policy

You may view a copy of our privacy policy here (the “Privacy Policy”), which explains our practices relating to the collection and use of your information through or in connection with our Site and services.  The Privacy Policy is incorporated and a part of these Terms by this reference, and governs our use of your information and/or any information you submit or otherwise make available to us in connection with the Site or the services we provide you.

3. Access to the Site 

   1. Certain Restrictions.  You will not use the Site for any use other than the business purpose for which it was intended.  You must comply with our acceptable use policy set forth in Section 3.3 and your use of the Site is also subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.  All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

   2. Modification.  Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part, including, without limitation, any offerings, features, and/or capabilities) with or without notice to you.  You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

   3. No Support or Maintenance.  You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the Site.  You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Site, and we reserve the right to change the access configuration of the Site at any time without prior notice.

   4. Ownership.  Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers.  Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights.  Company and its suppliers reserve all rights not granted in these Terms.  There are no licenses, implied or otherwise, granted to you under these Terms.

4. User Content

   1. User Content.  “User Content” means any and all information and content that a user, including you, submits to, or uses with, the Site, including, without limitation, reviews, comments, pictures (in any medium), statements, ideas, questions, or other content provided in a profile or posted on or through the Site.  You are solely responsible for your User Content.  You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party.  You represent and warrant that all User Content you submit to the Site or us is accurate, truthful and non-deceptive and that all User Content has evidence to back up the claims made.  You further represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 4.3).  You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by the Company.  Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy.  Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice.  You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

   2. License.  You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, perpetual, nonexclusive, royalty-free, sub-licensable, and fully-paid, worldwide, enterprise-wide, license to access, reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content.  You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

   3. Acceptable Use Policy.  

The following terms constitute our “Acceptable Use Policy”:

1. You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is fraudulent, unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, any act(s) that would constitute a criminal offense or give rise to civil liability, physical harm of any kind against any group or individual, or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, rule, or regulation or obligations or restrictions imposed by any third party, including, without limitation, any confidentiality or non-disclosure agreement.

2. In addition, you agree not to or use the Site to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content through the Site that may: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software, computer code, files, or programs intended to damage, interrupt, destroy, or otherwise alter a computer system, software, hardware or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii)  use any robot, spider, scraper, or any other automatic or manual means to harvest, collect, gather or assemble information or data on the Site (except as strictly set forth in (vii) below); (iv) disable, impair, disrupt, overburden or otherwise interfere with the Site or any hardware, software, servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through hacking, password mining, or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; (vii) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site; (vii) decompile, use reverse engineering, disassemble, derive the source code of or decrypts the Site or server hosting the Site; (viii) manipulate or otherwise displays the Site by using framing, mirroring or similar navigational technology or directly links to any portion of the Site other than the main homepage located www.ecomadic.com; (ix) remove, obscure, or alters any proprietary notices (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors; (x) modifies, adapts, improves, enhances or makes any derivative work from the Site; (xi) probes, scans, or tests the vulnerability of or breach the authentication measures of the Site or any related networks or systems; (xii) compiles, uses, downloads or otherwise copies any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party; or (xiii) accesses systems, data or information not intended by us to be made accessible to you.

4. Enforcement.  We reserve the right (but have no obligation) to review any User Content, monitor your use of the Site, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person.  Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 9, and/or reporting you to law enforcement authorities.

5. Feedback.  If you provide Company with any reviews, feedback, or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.  Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.  You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.  You may not use any fake e-mail address or impersonate any other person or entity or otherwise mislead as to the origin of the Feedback.  You represent and warrant that all Feedback that you submit or post complies with any guidelines or rules of the United States Federal Trade Commission, including but not limited to FTC 16 CFR Part 255, regarding truth-in advertising and disclosure requirements.

5. Indemnification  

You agree to indemnify, defend, and hold Company (and its officers, employees, affiliates, contractors, partners, licensors, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or the rights of another or (d) your User Content.  Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of Company.  Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.  This indemnification obligation shall survive any termination of these Terms.  

6. Third-Party Links & Ads; Other Users

   1. Third-Party Links & Ads.  The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”).  Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads.  Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so.  When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.  Please be aware that those third party websites may collect personally identifiable information (“PII”) from or about you and non-PII about your visit.  The linked third party websites are not under our control, and the content available on the Internet sites linked to this Site does not necessarily reflect our opinion.  You should review the terms of use and privacy policies that are posted on any website that you visit, before using any linked websites.  We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website.  

   2. Other Users.  Each Site user is solely responsible for any and all of its own User Content.  Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others.  We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content.  Your interactions with other Site users are solely between you and such users.  You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any Site user, we are under no obligation to become involved.

   3. Release.  You hereby release and forever discharge the Company (and our officers, employees, agents, affiliates, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads).  BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF CALIFORNIA CIVIL CODE SECTION 1542, AND IN ANY SIMILAR LAW OF ANY STATE OR TERRITORY IN CONNECTION WITH THE FOREGOING, 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.”

7. Disclaimers 

THE SITE AND ALL INFORMATION AND CONTENT CONTAINED, STORED, OR PROVIDED THEREIN IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  

Limitation on Liability

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SITE; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; (D)  RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THIS SITE; OR (E) WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE, OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH: (1) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE; OR (3) VIRUSES.  ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.  

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION AND UNDER ALL THEORIES), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU HAVE PAID TO FOR THE USE OF THE SITE, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN FIFTY US DOLLARS (U.S. $50).  THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.  YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE SITE WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

9. Term and Termination; Violation of Rules and Regulations  

Subject to this Section, these Terms will remain in full force and effect while you use the Site.  We may suspend or permanently block your ability to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms.  You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases.  Company will not have any liability whatsoever to you for any suspension or termination of your ability to access or use the Site, including for termination of your Account or deletion of your User Content.  Even after Terms are terminated, the following provisions of these Terms will remain in effect: Sections 3 through 11.  We reserve the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in these Terms, including the right to block access from a particular Internet address to the Site.  We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong or misuse of the Site.  Except as may be expressly limited by our privacy policy, we reserve the right at all times to: (i) disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request; or (ii) edit, refuse to post or to remove any information or materials, in whole or in part, as applicable, in our sole discretion.

10. Copyright Policy 

Company respects the intellectual property of others and asks that users of our Site do the same.  In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who infringe the intellectual property rights, including trademarks and copyrights, of others.  If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s), and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

1. your physical or electronic signature;

2. identification of the copyrighted work(s) that you claim to have been infringed;

3. identification of the material on our services that you claim is infringing and that you request us to remove;

4. sufficient information to permit us to locate such material;

5. your address, telephone number, and e-mail address;

6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

The designated Copyright Agent for Company is: 

Designated Agent: CAPITOL SERVICES, INC.

Address of Agent: 108 LAKELAND AVE

Telephone: 800.345.4647

Email: regagent@capitolservices.com

11. General

    1. Electronic Communications.  The communications between you and Company use electronic means, whether you use the Site or send us emails or messages via messaging services (including SMS and Twilio), or whether Company posts notices on the Site or communicates with you via email or messages via messaging services (including SMS and Twilio).  For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications be in a hardcopy writing and are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.  The foregoing does not affect your non-waivable rights.

    2. Entire Agreement; Relationship; Assignment.  These Terms constitute the entire agreement between you and us regarding the use of the Site.  Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.  The section titles in these Terms are for convenience only and have no legal or contractual effect.  The word “including” means “including without limitation”.  If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Except to the extent set forth in a separate agreement between you and us, there is no fiduciary relationship between you and us.  The Terms do not create any relationship of principal and agent, partnership, joint venture, or employer and employee, between you and us.  You may not enter into any contract on our behalf or bind us in any way.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Company may freely assign these Terms without prior notice or consent.  The terms and conditions set forth in these Terms shall be binding upon assignees. 

    3. International Use; Choice of Law; Venue.  This Site is operated by us from our offices within the United States of America.  We make no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the contents of the Site may be illegal is prohibited.  Those who choose to access this Site from other locations do so, on their own initiative and are responsible for compliance with applicable local laws.  By using the Site, regardless of where you live or are located in the world, you consent to these Terms and any claims relating to the information, services or products made available through this Site will be governed by the laws of the State of Delaware, U.S.A., excluding the application of its conflicts of law rules.  You irrevocably agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Site brought by you or your successors or assigns shall be exclusively brought and determined in the federal and state courts located in Delaware.

    4. Time to File Claims; Remedies.  You agree that any claim you may have arising out of or related to your use of the Site or your relationship with us must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.  You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm.  You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate.  These remedies are in addition to any other remedies we may have at law or in equity.

    5. Copyright/Trademark Information.  Copyright © 2021 ecomadic Services, Inc.  All rights reserved.  All trademarks, logos and service marks (the “Marks'') displayed on the Site are our property or the property of other third parties.  You are not permitted to use these Marks without our prior written consent or the consent of such third parties which may own the Marks.  Unauthorized use of our Marks may be a violation of state, national and international trademark laws.  

    6. Questions and Contact.  If you have any questions, please contact us by email at info@ecomadic.com.