Terms of Service

Welcome to Ecoactionists.com, which is the property of Ecoactionists Inc. Ecoactionists, “Ecoactionists”) provide their services to you subject to the following conditions. If you visit or purchase services or products from Ecoactionists.com, you accept these conditions. Please review them carefully. In addition, when you use any current or future Ecoactionists service or product, or visit or purchase from any business affiliated with Ecoactionists, whether or not it is included in the Ecoactionists.com website, you also will be subject to the guidelines and conditions applicable to such service or business.

Electronic communications

When you visit Ecoactionists.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

License and Site Access

Ecoactionists grants you a limited license to access and make personal use of this site, but not to download (other than page caching) or modify any portion of it except with the express written consent of Ecoactionists. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Ecoactionists. You may not frame or utilize framing techniques to endorse any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ecoactionists and our affiliates without express written consent. You may not reproduce any image or depiction of this site as it might be rendered by a web browser or otherwise without express written consent from Ecoactionists. You may not use any meta tags or any other hidden text utilizing Ecoactionists’s name or trademarks without express written consent. Any unauthorized use terminates the permission or license granted by Ecoactionists. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to Ecoactionists.com so long as the link does not portray Ecoactionists, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Ecoactionists logo or other proprietary graphic or trademark as part of the link without express written consent of Ecoactionists.

Privacy and Registration

Our use of any data you may provide to us is governed by our privacy policy, which is incorporated herein by reference.

To access some of the content and features of Ecoactionists.com, you first need to register and create an account. Purchasing goods or services also causes an account to be created for you. You do not have a right to be registered with Ecoactionists.com and we reserve the right to decline registrations. We also reserve the right to terminate your account or to terminate the provision of services at any time at our sole discretion. We will not be liable to you or any third party for any termination of your account, your access to services, nor for any deletion of data related to the termination of your account.

You also agree that, upon termination, you will continue to be liable for all unpaid amounts, whether or not invoiced prior to or upon/after termination, for services delivered prior to termination. After termination by us, re-registration of you as a user of or on the Site is strictly forbidden.

If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly contact us.

If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.     

Content You Provide To Us  

There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.  

You further agree that, unless otherwise agreed upon in writing, we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you. When you upload or post content to our site, you grant us the following rights to use that content:    

In posting User Content, including reviews or making contact with other users of the Site you shall comply with our Acceptable Use Policy (outlined below).    

You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty. 

We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.  

We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values 

If you wish to complain about User Content uploaded by other users please contact us.     

Acceptable Use

Prohibited activities and uses

You may not use the Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this Policy:

  • Distributing malware or other malicious code.
  • Disclosing sensitive personal information about others.
  • Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.
  • Distributing pornography or adult related content.
  • Promoting or facilitating prostitution or any escort services.
  • Hosting, distributing or linking to child pornography or content that is harmful to minors.
  • Promoting or facilitating gambling, violence, terrorist activities or selling weapons or ammunition.
  • Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications.
  • Managing payment aggregators or facilitators such as processing payments on behalf of other businesses or charities.
  • Facilitating pyramid schemes or other models intended to seek payments from public actors.
  • Threatening harm to persons or property or otherwise harassing behavior.
  • Infringing the intellectual property or other proprietary rights of others.
  • Facilitating, aiding, or encouraging any of the above activities through our Services.

System abuse

Any User in violation of our Services security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:

  • Use or distribution of tools designed for compromising security of the Services.
  • Intentionally or negligently transmitting files containing a computer virus or corrupted data.
  • Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures.
  • Unauthorized scanning or monitoring of data on any network or system without proper authorization of the owner of the system or network.

Service resources

You may not consume excessive amounts of the Services or use the Services in any way which results in performance issues or which interrupts the services for other Users. Prohibited activities that contribute to excessive use, include without limitation:

  • Deliberate attempts to overload the Services and broadcast attacks (i.e. denial of service attacks).
  • Engaging in any other activities that degrade the usability and performance of our Services.

No spam policy

You may not use our Services to send spam or bulk unsolicited messages. We maintain a zero tolerance policy for use of our Services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”).

Your products or services advertised via SPAM (i.e. Spamvertised) may not be used in conjunction with our Services. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or newsgroups.

Defamation and objectionable content

We value the freedom of expression and encourages Users to be respectful with the content they post. We are not a publisher of User content and are not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which we may find objectionable, should be censored. However, we reserve the right to moderate, disable or remove any content to prevent harm to others or to us or our Services, as determined in our sole discretion.

Copyrighted content

Copyrighted material must not be published via our Services without the explicit permission of the copyright owner or a person explicitly authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run full investigation and, upon confirmation, will promptly remove the infringing material from the Services. We may terminate the Service of Users with repeated copyright infringements. Further procedures may be carried out if necessary. We will assume no liability to any User of the Services for the removal of any such material.

If you believe your copyright is being infringed by a person or persons using our Services, please send a report of the copyright infringement to the contact details listed at the end of this Agreement.

Our Content    

Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.   

Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content or User Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

You shall not try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded. 

We shall prepare the Site and Our Content with reasonable skill and care; and use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.  

The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.  

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.   

Links To Third Party Content   

The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.

We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.     

Site Management     

We reserve the right at our sole discretion, to monitor the Site for breaches of these Terms and Conditions; take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.  

We do not guarantee that the Site will be secure or free from bugs or viruses. 

You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.  

Modifications to and availability of the Site     

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.    

We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services.We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases. 

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.  

Pricing

Price, terms, and availability are subject to change without notice. All prices quoted are in Canadian dollars (CDN) unless otherwise stated. Ecoactionists and its affiliates reserve the right to limit quantities, to request payment prior to delivery of service, to refuse service, or to cancel orders at its sole discretion.

Purchase prices and invoices may be based on information that you provide to us. You represent and warrant that such information is accurate, and you agree to pay to Ecoactionists any additional charges arising from any inaccuracy in such information within seven days of notification thereof. Ecoactionists is not obligated to verify the accuracy of such information but will refund to you any overpayment arising from inaccuracy therein within five business days of the discovery thereof.

Ecoactionists may, at its sole discretion, offer monthly invoicing arrangements to regular business and personal customers and agree to additional or modified terms for such arrangements. Unless otherwise agreed to in writing, payment is due when an invoice is rendered. NSF checks and payments more than 90 days past due may be subject to administrative charges of up to $50 (CDN) and interest at a rate of 1.5% per month (19.56% APR).

Copyright

This site is owned and operated by Ecoactionists and is protected by Canadian and international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this site, including code and software. Unauthorized use of any portion of this site beyond that contained in the previous paragraph may violate copyright, trademark, and other laws.

Disclaimers Of Warranties And Limitation Of Liability

Ecoactionists and its contractors attempt to be as accurate as possible. However, Ecoactionists does not warrant that product or service descriptions, other content of this site, or its services performed for its customers are accurate, complete, reliable, current, or error free. This site and Ecoactionists’s services are provided by Ecoactionists on an “as is” and “as available” basis and at your sole risk. To the fullest extent permissible pursuant to applicable law, Ecoactionists disclaims all warranties and conditions, expressed or implied, in respect of its services and any information, content, or materials on this site, including any implied warranties or conditions of fitness for a particular purpose, merchantability, and non-infringement. Ecoactionists, in its website, including without limitation banners, graphics, and links pages, may provide links and pointers to Internet sites maintained by third parties. Ecoactionists does not operate, or control in any respect, any information, products, or services on these third-party sites, and is not responsible for their content, products, or services.

In no event is Ecoactionists, its employees, independent contractors, subsidiary and parent companies, affiliates, or any third parties mentioned on the site liable for any damages whatsoever (including, without limitation, direct, incidental, or consequential damages, lost profits, or damages resulting from lost data, breach of confidentiality, or business interruption) resulting from the performance of Ecoactionists’s services, the use or inability to use the Ecoactionists.com site or the material contained on the site, whether based on warranty, contract, tort, negligence, strict liability, operation of law, or any other legal theory, whether or not Ecoactionists is advised of the possibility of such damages. In no event is Ecoactionists liable for damages in excess of the amount paid by a customer for the service in question. Ecoactionists has set its prices and created this site in reliance on the limitations of liability and disclaimers of warranties and damages set forth herein, and the same form a fundamental and essential basis of the bargain between the parties. They shall apply even if the contract between you and Ecoactionists is found to have failed in its fundamental or essential purpose or has been fundamentally breached. You specifically acknowledge and agree that Ecoactionists is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with any Ecoactionists material, or with any of Ecoactionists’s terms and conditions, your sole and exclusive remedy is to discontinue using Ecoactionists services. While we endeavor to ensure that any files originating at this site are free of known computer viruses, we make no warranty or guarantee that files are virus free, and we are not able to provide any assurances with respect to email or attachments that may have originated with third parties. All recipients are cautioned to check all email, attachments, and other computer files before accessing them, and any and all risk of virus contamination is assumed by the recipient.

Affiliates Disclaimer

The Site may contain links to affiliate websites, and we receive an affiliate commission for any purchases made by you on the affiliate website using such links.

Term and Termination     

These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at __________.  

Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.  

If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.  

If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.     

Mobile Application     

If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.  

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services: 

(a) The licence granted to you for our mobile application is limited to a non-transferable licence to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service; 

(b) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; 

(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; 

(d) You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; 

(e) You must comply with applicable third party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and 

(f) You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.   

Force majeure

We shall not be responsible or liable for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes or shortages in transportation, facilities, fuel, energy, labor, or materials; and failure or sabotage of telecommunications infrastructure.

Other

We reserve the right to modify this agreement at any time by posting an amended version that is accessible through a link on the site’s home page and/or by giving you prior notice of a modification. If any modification is unacceptable to you, your only remedy is to stop using the site, which shall be deemed to be a termination of the agreement. Your continued use of this site following our posting of an amended agreement shall constitute binding acceptance of the modification.

This site and this agreement is governed by the laws of the Province of Ontario, Canada, excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any legal action against Ecoactionists shall take place in the courts of London, Ontario, Canada. The parties shall attorn to the non-exclusive jurisdiction of the courts of Ontario.

Except if and to the extent not permitted by applicable law, or in the case of legal proceedings requiring injunctive or other mandatory or equitable relief, or the enforcement of arbitration rights or any arbitrator’s award hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration pursuant to the Arbitration Act, 1991 (Ontario), as amended or replaced from time to time. There shall be one arbitrator chosen by mutual agreement of the parties, or by order of the Superior Court of Ontario on application by either party failing an agreement to appoint an arbitrator. The arbitration shall take place in London, Ontario, Canada, and may be conducted in person, by telephone, or online. The arbitrator shall apply the laws of the Province of Ontario, Canada, to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

In the event any party (you or us) shall commence any arbitration or other legal proceeding to interpret and/or enforce this agreement or issues relating thereto (including, without limitation, claimed breaches of the agreement), the prevailing party in any such arbitration or other legal proceeding shall be entitled to recover, in addition to all other available damages or other relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal and/or to enforce any arbitration awards or court orders and the fees and other costs of the arbitrator if applicable.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services

The parties have required that these Terms and Conditions and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.