Legal Terms & Conditions of Use
USE OF ECOBONUS.COM
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
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.
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.
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
ACCEPTANCE OF TERMS
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.
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.
UPDATED AS OF: May 31, 2012