Legal Terms & Conditions of Use

USE OF ECOBONUS.COM

EcoBonus® and EcoBonus.com are the trademarks and web domain owned by EcoBonus, a division of Schoeneckers, Inc., a Minnesota corporation (“EcoBonus”). Your use of the EcoBonus.com website (hereinafter “The Website”) and any related application is subject to these general Terms and Conditions of Use specified below (“Terms of Use”) and to the specific EcoBonus Terms and Conditions. Your use of The Website represents your agreement to abide by all Terms of Use. These Terms of Use may be updated at anytime without notice. The Website and other websites linked to or affiliated with The Website, and any information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the site, (collectively “Content”) are intended for the lawful use of EcoBonus customers, employees and members of the general public who are over the age of 13, and citizens of the United States. The Website is controlled and operated in whole or in part for EcoBonus from within the United States. EcoBonus makes no representation that these materials are appropriate or available for use in other locations. Those who access The Website from other locations do so at their own risk and are responsible for compliance with applicable local laws. EcoBonus reserves the right in its sole discretion to refuse or terminate access to The Website by anyone, including you, at any time. These Terms of Use supersede any prior agreements and understandings with you by any person or entity relating to your use of The Website. As indicated, if you so choose, you may also be subject to additional Terms of Use that may apply when you elect to participate in any reward and/or sweepstakes program, or download and/or use software from or through The Website if and when offered.

ELIGIBILITY TO USE THE WEBSITE

In order to use The Website, you must be 13 years of age or older. The EcoBonus Program is only valid within the United States. All other forms of use are considered unauthorized and prohibited, including without limitation to use of The Website as to stolen property or product purchased from any unauthorized reseller of The Website.

REGISTRATION; ECOBONUS ACCOUNT

The services offered through The Website require you to first open an account called your “EcoBonus Account.” You are responsible for maintaining the confidentiality of your EcoBonus Account information, including your password, and for all activity that occurs under your EcoBonus Account. You agree to notify The Website immediately of any unauthorized use of your EcoBonus Account or password, or any other breach of security. You may be held liable for losses incurred by The Website or any other user of The Website due to someone else using your password or customer account.

NO VALUE OF ECOBONUS POINTS

There are no cash values, equivalents or exchanges for any EcoBonus Points offered under or through The Website. Any dollar value or amount attributed by The Website to any EcoBonus Points are merely estimates of value by The Website, and EcoBonus makes no representation or warranty as to the actual value you will receive by redeeming EcoBonus Points collected through the EcoBonus Program. Account Holders are responsible for the payment of all taxes that may result from the EcoBonus Points issued as part of the EcoBonus Program. EcoBonus assumes no liability for, and makes no representation as to the tax implications of, any EcoBonus Points issued. EcoBonus also does not provide any tax documentation for issued EcoBonus Points.

TERMINATION OF USE

You agree that EcoBonus, in its sole discretion, may terminate or restrict your EcoBonus Account and/or your use or access to The Website (or any part thereof) for any reason, including, without limitation, based on its belief that you may have violated or acted inconsistently with the letter or spirit of these Terms of Use, or the EcoBonus Terms and Conditions, or the terms, conditions, or rules of any sweepstakes, contest, or other promotion presented through the EcoBonus Program.

APPLICABLE LAW

The Website is created, operated and controlled by EcoBonus at and from the United States of America. By using The Website, you consent and agree to the laws of the State of Minnesota as governing these Terms of Use without giving effect to any principles or conflicts of laws, and you further consent to the state or federal courts in Minnesota, USA as having exclusive jurisdiction over any dispute and/or litigation arising from your use of The Website. If any provision of these Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. The failure of EcoBonus and/or The Website to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

LINKS TO THIRD-PARTY WEBSITES

The Website may provide links to other third-party sites or resources. EcoBonus makes no representation whatsoever about any other internet site that you may access through The Website. Because EcoBonus has no control over such sites and resources, you acknowledge and agree that EcoBonus is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on The Website to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. EcoBonus makes no representation or warranty as to any third party Content, products or services, and you agree that EcoBonus shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products or services available on or through any such site or resource.

LIMITATION OF LIABILITY AND REMEDIES

The EcoBonus Program is offered by EcoBonus. By using The Website, you expressly agree that use of The Website is at your sole risk. The Website is provided on an “as is” and “as available” basis. Neither EcoBonus (including Schoeneckers, Inc., a Minnesota corporation, d/b/a BI, EcoBonus and/or biworldwide.com) nor its affiliates, subsidiaries or designees, nor each of its officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, reward partners, licensors (including without limitation SPINS, Inc. and its SPINS Product Library) or the like (collectively, “The Website Reward Partners”) warrant that use of The Website will be uninterrupted or error-free. The Website Reward Partner make no representation that content provided on The Website is applicable to, or appropriate for use in, locations outside of the United States. THE WEBSITE REWARD PARTNERS SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. No oral advice or written information given by either of The Website Reward Partners shall create a warranty.

UNDER NO CIRCUMSTANCES SHALL EITHER OF THE WEBSITE REWARD PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE THE WEBSITE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE WEBSITE SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of either or both of The Website Reward Partners has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through The Website.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Notwithstanding the foregoing, The Website’s total liability to you for any losses, damages, and causes of action, including but not limited to those based on contract, tort, or otherwise, arising out of your use of The Website, its content or links, and/or any of the services offered through The Website, shall never exceed the actual cost of the Qualified Product purchased, not to exceed the amount of $7,500, in order to participate in the EcoBonus Program.

INDEMNIFICATION

You agree to indemnify and hold The Website Reward Partners harmless from any claim or demand, including reasonable attorney fees, made by any third party arising out of or related to your violation of the foregoing Terms of Use, or your violation of any law, regulation or third-party right.

SECURITY

If you use The Website, you are responsible for maintaining the confidentiality of your EcoBonus Account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password.

The Website may only be used for lawful purposes. Activities including, but not limited to, tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

You are prohibited from violating or attempting to violate the security of The Website, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (b) using The Website for unintended purposes or trying to change the behavior of the Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) uploading, posting, emailing, transmitting or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any service to any user, host or network, computer software or hardware or telecommunications equipment, including without limitation via means of submitting a virus to the site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (f) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; (g) forging communications on behalf of The Website (impersonating The Website) or to The Website (impersonating as a legitimate user); (h) uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (i) harming minors in any way; (j) impersonating any person or entity or falsely state or otherwise misrepresenting your affiliation with a person or entity; (k) uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (l) uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (m) “stalking” or otherwise harassing another person or entity; (n) collecting or storing personal data about other users; and/or (o) decrypting, decoding, reverse-engineering and/or data mining any content of The Website. You agree that violation of any of the foregoing will result in your immediate disqualification from use of The Website, and may result in additional legal actions being taken by The Website Reward Partners. Sending unsolicited and unauthorized email on behalf of EcoBonus and/or The Website, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.

You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of The Website or any activity being conducted on The Website. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search The Website other than the search engine and search agents provided by The Website or generally publicly available browsers.

OWNERSHIP AND RESTRICTIONS ON USE OF CONTENT

All content included within, on or comprising The Website including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) are protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and The Website Reward Partners collectively or separately own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. In addition, The Website Reward Partners or their licensors own a copyright in the selection, coordination and arrangement of the Content.

You therefore have no ownership rights to any part of the Content. The unauthorized copying, displaying or other use of any part of the Content from The Website is a violation of the law. You are hereby granted permission to access the Content from the site in whole or in part, solely for your personal, non-commercial use of viewing and browsing through the site or ordering products or services from The Website. This permission terminates automatically if you breach any of The Website Terms of Use. If pursuant to an authorization from The Website, you download software from The Website, the software, including all code, files, images, contained in or generated by the software, and accompanying data, are deemed to be licensed to you by The Website Reward Partners. Neither title nor intellectual property rights are transferred to you, but remain as applicable with The Website Reward Partners. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert any part of The Website and/or any software, code or device downloaded from or through The Website. The Website Reward Partners do not grant you any permission to use the Content other than the permission expressly stated in these Terms of Use. All other use of any part of the Content from the site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another website, reproducing The Website, or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without prior express written consent from The Website Reward Partners. With the exception of our Advisory Board, all characters appearing in this work are fictitious. Any resemblance to real persons, living or dead, is purely coincidental.

CERTAIN END USER LICENSE AGREEMENT TERMS APPLICABLE TO SPINS PRODUCT LIBRARY

By use of The Website, you agree that EcoBonus’ licensor, SPINS LLC, a Delaware Limited Liability Corporation (“SPINS”), owns all rights, title and interest in and to the SPINS Product Library, including without limitation all modifications, improvements, revisions and derivative works based on the SPINS Product Library.

You further agree that you will not:

(a) commercialize, distribute, disclose or publish the SPINS Product Library to any third party or the public in general without the prior written consent of EcoBonus; 

(b) use the SPINS Product Library for the benefit of any third party or to perform any service bureau, time sharing, outsourcing, or other services to third parties;

(c) remove or destroy, or permit others to remove or destroy, any proprietary markings of EcoBonus, SPINS or any third party that may appear within the SPINS Product Library;

(d) modify, adapt, enhance, improve, revise or create derivative works based on the SPINS Product Library; notwithstanding the foregoing, youhereby assigns to EcoBonus all right, title and interest in and to all modifications, improvements, revisions and derivative works based on the SPINS Product Library created on your behalf;

(e) misrepresent the SPINS Information;

(f) use the SPINS Product Library for any internal or external commercial purposes; or

(g) use the SPINS Product Library for any unlawful purpose.

You hereby grant EcoBonus and SPINS the right to use in connection with this Agreement any data or information submitted by you to the EcoBonus website as part of the registration process or EcoBonus website usage.

Product content coding derived from the SPINS Product Library does not constitute labeling. You are responsible for verifying a product contains the desired attributes identified on the EcoBonus website before purchasing or consuming any product. ECOBONUS, SPINS AND THEIR VENDORS EXPRESSLY DISCLAIM, AND THE PARTIES EXPRESSLY EXCLUDE, ANY LIABILITY FOR INACCURACY, INCOMPLETENESS, OMISSION OR OTHER ERROR IN THE SPINS PRODUCT LIBRARY.

YOU HEREBY AGREE TO HOLD HARMLESS ECOBONUS AND SPINS IN CONNECTION WITH ANY DAMAGES, LOSSES OR LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SPINS INFORMATION OR THE SPINS PRODUCT LIBRARY. IN NO EVENT SHALL ECOBONUS, SPINS, OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, SPECIAL RELIANCE, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSSES OR LIABILITY OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SPINS INFORMATION OR THE SPINS PRODUCT LIBRARY, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF ECOBONUS, SPINS, OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES HAVE BEEN NOTIFIED OF THE POSSIBILITY THEREOF.

SPINS is an express third party beneficiary for the purpose of enforcing these terms and conditions.

ACCURACY AND REVISIONS

Except as to orders already accepted, The Website Reward Partners may modify, suspend, withdraw or discontinue, temporarily or permanently, either The Website and/or the Content contained thereon, in whole or in part, at any time without notice. You agree that The Website Reward Partners shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of any part of The Website as to orders not already placed and accepted on The Website. The Website Reward Partners may at any time revise these Terms of Use by updating this posting. By using The Website, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Terms of Use to which you are bound.

ACCEPTANCE OF TERMS

You acknowledge you have read, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. By your continued use of The Website, you agree to each of the Terms of Use set forth herein. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. If you do not agree to these terms, you are prohibited from using The Website.

PRIVACY AND INFORMATION SHARING

In order to fulfill your EcoBonus request, The Website Reward Partners will share your basic contact information (name, email address, address) with their vendors, but otherwise will protect your information in accordance with the EcoBonus Privacy Statement.

The policy of The Website and The Website Reward Partners is to respect the privacy of all website visitors to the extent permitted by law. This online privacy statement is intended to inform you of the ways in which The Website collects information, the uses to which that information will be put, and the ways in which we will protect any information you choose to provide us. There are four types of information that The Website may collect during your visit: network traffic logs, web visit logs, cookies and information voluntarily provided by you.

Network Traffic Logs – In the course of ensuring network security and consistent service for all users, The Website employs software programs to do such things as monitor network traffic, identify unauthorized access or access to nonpublic information, detect computer viruses and other software that might damage The Website computers or the network, and monitor and tune the performance of The Website network. In the course of such monitoring, these programs may detect such information as email headers, addresses from network packets, and other information. Information from these activities is used only for the purpose of maintaining the security and performance of The Website's networks and computer systems. Personally identifiable information from these activities is not released to external parties without your consent or unless required by law.

Web Visit Logs – The Website routinely collects and stores information from online visitors to help manage The Website and improve service. This information includes the pages visited on the site, the date and time of the visit, the internet address (URL or IP address) of the referring site, the domain name and IP address from which the access occurred, the version of browser used, and the capabilities of the browser. The Website makes no attempt to identify individual visitors from this information; any personally identifiable information is not released to external parties without your consent unless required by law.

Cookies – Cookies are pieces of information stored by your web browser on behalf of a website and returned to the website on request. The Website may use cookies for two purposes: to carry data about your current session at the site from one web page to the next, and to identify you to the site between visits. If you prefer not to receive cookies, you may turn them off in your browser, or may set your browser to ask you before accepting a new cookie. Some pages may not function properly if the cookies are turned off. Unless otherwise notified on The Website, we will not store data, other than for these two purposes, in cookies. Cookies remain on your computer, and accordingly we neither store cookies on our computers nor forward them to any external parties. Unless otherwise notified on The Website, we do not use cookies to track your movement among different websites and do not exchange cookies with other entities.

Information Voluntarily Provided by You – In the course of using this website, you may choose to provide us with information to help us serve your needs. For example, you may send us electronic mail (through a mailer or a web form) to request information, you may sign up for a mailing list, or you may send us your address so we may send you an application or other material. Any personally identifiable information you send us will be used only for the purpose indicated. Requests for information will be directed to the appropriate staff to respond to the request, and may be recorded to help us update our site to better respond to similar requests. We will not sell, exchange or otherwise distribute your personally identifiable information without your consent, except to the extent required by law. We do not retain the information longer than necessary for normal operations. Each web page requesting information discloses the purpose of that information. If you do not wish to have the information used in that manner, you are not required to provide it.

The Website may provide links to other World Wide Websites or resources. We do not control these sites and resources, do not endorse them, and are not responsible for their availability, content or delivery of services. In particular, external sites are not bound by The Website's online privacy policy.

 

 

 

 

UPDATED AS OF: May 31, 2012