Ecotreasures ® Website’s Terms and Conditions of Use Agreement

ecotreasures ® Website’s Terms and Conditions of Use Agreement

Welcome!

The ecotreasures.com website is a web-based application including travel, tourism and entertainment information, featuring an online magazine application, online directories, other information resources, and related applications (collectively referred to as the “Website”).

Provided herein is the Website’s Terms and Conditions of Use Agreement (hereinafter referred to as the “Agreement”). The Agreement includes the rules and norms regarding the access and use of the Website, among other provisions.

For purposes of the Agreement, the terms “we”, “us” and “our” refer to Intrepid Mesh, LLC, a limited liability company organized under the laws of the Commonwealth of Puerto Rico. The terms “you” and “user” refer to the person visiting, browsing, navigating and/or using the Website in any way, and/or interacting with diverse applications found within or available in or through the Website or interacting in any other manner with the Website.

The term “ecotreasures Content” is defined as content created and owned by us and/or otherwise owned by us that is found, fixed or used within or in the Website or made available in connection with the Website or related to the Website, including but not limited to, the ecotreasures logo, any other applicable logo, online magazine content (e.g.: publications, magazine articles and related content), photographs, videos, audio, design, the Website’s “look & feel”, compilation(s) of User-Generated Content and the Website’s content, data and/or information, data arrangement, services, information, text, music, sound, graphics, design, images, icons, software, code(s), applications, databases, interactive features, and/or other materials, or any other form of data or communication components or elements of or related to the Website, as well as the infrastructure(s) developed and used to provide such content and information.

The term “Third Party Content” is defined as content that originates from parties other than us and the Website’s users, found or used within or in the Website or made available in connection with the Website and for which we do not hold ownership rights, including, but not limited to, some photographs, videos, audio, sounds, music, images, icons, software, applications, information, data and/or text.

The term “User-Generated Content” is defined as content that originates from the Website’s users and that these submit or transmit to, through or in connection with the Website, including, but not limited to, text, information, and/or data.

The term “Your Content” is defined as content that originates from you as the Website’s user, that you submit or transmit to, through or in connection with the Website, including but not limited to, text, information, and/or data.

The term “Website’s Content” is defined as all the content that is found within or in the Website or made available in connection with the Website at any time, including ecotreasures Content, Third Party Content, User-Generated Content and Your Content.

Our Website gives you the opportunity to read and enjoy an online magazine related to topics such as tourism and travel, entertainment, leisure, attractions, outdoor recreations, activities, leisure places, including but not limited to, nature-oriented tourism, environmental and ecological attractions and places, water sports, extreme sports and adventures, agritourism, cultural and historical tourism, ecotourism, and environmental awareness and conservation activities. Our online magazine application provides articles content plus lots of information related to the experience we cover in such articles.

You may also enjoy navigating and browsing the Website’s online directories regarding travel, tourism and entertainment information such as tour providers, places to visit, restaurants, and lodging establishments (e.g.: hotels). Besides the online directories available through the Website’s first navigation bar, you may also find suggested restaurants, lodging establishments (e.g.: hotels) and places to visit’s online directories web links while you navigate the online magazine application.

The Website and its related services are available for your use conditioned upon your acceptance of any and all the terms and conditions set forth in the Agreement (including the modifications thereof made by us). By accessing or using the Website in any manner, you agree to the terms and conditions as set forth in the Agreement and are bound by the Agreement, and represent that you have read and understood all the provisions in the Agreement. Thus, we suggest that you read the Agreement carefully since it includes the rules and norms of use of the Website, information concerning your legal rights and their limitations, and references to the governing laws and jurisdiction, among others. If you do not accept all of the terms and conditions set forth in the Agreement, please do not use the Website.

Modification of the Agreement

We may and reserve the right to change or otherwise modify the Agreement in the future, and publish the date of the posting of the modification. Any amendments to the Agreement will take effect upon their posting. You have the option of checking the Agreement from time to time to review the most current version. You may access the same by clicking the “Terms & Services” link found at the bottom of the Website page. You recognize and agree that your use of or continued access to the Website after any posted changes or modifications constitutes your acceptance of the updated or modified Agreement.

Privacy Policies

Protection of your privacy is important to us. You recognize and agree that your use of and/or interaction with the Website and/or related services constitutes your acceptance of our Privacy Policies. The Website’s Privacy Policies are accessible by clicking on the corresponding link available at the bottom of the Website page. You represent that you have read and understood our Privacy Policies.

Your Use of the Website

You recognize and agree that your use of and/or interaction with the Website and the related services is for your personal and non-commercial use only.

As a condition for you to use in any manner the Website and its related services and/or interacting with all available applications and functionalities, you certify and warrant that all information provided by you is true, accurate, current and complete. By using and/or interacting with the Website, you recognize that you are 13 years of age or older. So, to provide User-Generated Content you have to be 13 years of age or older. We do not collect information of anyone whom we know that is younger than the age of 13.

We encourage you to use the Website as long as you comply with the Agreement. We reserve the right, at our sole discretion, to prevent and deny access to any person to the Website and its related services, for any reason and at any time, including but not limited to, for non-compliance of the Agreement.

You hereby agree to respect and not violate our proprietary rights and intellectual property rights.

We own all the rights, titles and interests, intellectual property rights (e.g.: copyrights) and any other proprietary rights over the ecotreasures Content and the rights, titles and interests of the service marks, trademarks, trade names, and trade dress and all other intellectual property rights associated with the Website, Website’s logo and ecotreasures Content.

Also, the Website displays and includes Third Party Content, such as some photographs, icons, and other images. The rights of use of Third Party Content resulting from licenses or authorization issued to us are to be implemented only by us.

You may read information displayed on the Website and/or interact with the Website in a manner that complies with the Website’s rules and norms of use and the terms and conditions set forth in the Agreement, including but not limited to, not violating our restrictions of use of the Website.

Restrictions of Use of the Website

You agree not to publish, display, modify, copy, reproduce, distribute, transmit or otherwise transfer, perform, license, create derivative works or adaptations from, or trade, sell or re-sell or in any way exploit the Website or the Website’s Content (other than Your Content that is not owned by others), and/or any services or products displayed and/or obtained from or through the Website, except as expressly authorized by us.

In addition, you agree to NOT do, perform, foster, encourage, assist or otherwise enable others to do or perform any of the following:

(a) Use the Website for any commercial purposes or in any other manner that constitutes or results in a violation of the Agreement or applicable law,
(b) Access, monitor or copy or otherwise reproduce any Website’s Content, using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission,
(c) Bypass or circumvent measures employed to prevent or limit access to the Website,
(d) Take any action that we determine, at our sole discretion, that imposes, or may impose an unreasonable or disproportionately large load on or to our infrastructure,
(e) Use any device, software, application or routine that interferes or attempts to interfere with the proper operation, implementation or working of the Website,
(f) Deep-link to any portion of the Website for any purpose without our prior written consent,
(g) "Frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written consent,
(h) Attempt to change or otherwise modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any portion of the Website or any software programs, applications or codes used by us in connection with the Website or the Website’s related services,
(i) Use the Website to violate any network security, crack passwords or security encryption codes, or otherwise disrupt or interfere with the security of, or cause harm to, the Website or the Website’s Content,
(j) Use the Website or any of the Website’s Content to transfer, distribute or otherwise transmit any computer viruses, worms, defects, Trojan horses or other harmful, disruptive or destructive files or items,
(k) Disable, damage, remove or otherwise interfere with any security-related codes, features or functionalities of the Website, features that prevent limitations on the use of the Website, and/or features that prevent or restrict the use of copying or reproducing Website Content,
(l) Attempt to gain, by or through any means, unauthorized access to the Website and/or servers, computer systems or networks connected in any manner to the Website (e.g.: hacking, password mining),
(m) Attempt to manipulate the Website’s search results, and/or
(n) Remove or modify any copyrights, service marks, trademarks or proprietary rights notice displayed on or in any portion of the Website or in any materials copied or printed, directly or indirectly, from the Website.

User-Generated Content and Your Content

You recognize and agree that anytime you submit Your Content, such as submittal of content to the Website either by email, postings or otherwise (including but not limited to, comments and/or ideas contained in any submissions from you), you grant us and our applicable licensees, assigns and/or successors-in interest, if any, or applicable representatives a nonexclusive, royalty-free, perpetual, transferable, assignable, irrevocable and fully sub-licensable right to: (a) use, copy, reproduce, modify, adapt, translate, transfer, distribute, publish, create derivative works from and publicly display and perform Your Content throughout the world at any time and in any media, now known or hereafter developed, for any purpose; and (b) use or not use, at our sole discretion, the name that you submit in connection with Your Content.

You recognize and agree that we and/or our applicable licensees, assigns and/or successors-in interest, if any, may choose to provide attribution of your comments at our discretion. You also grant us and our applicable licensees, assigns and/or successors-in interest, if any, the right to pursue at law any person or entity that violates your or our rights in relation to Your Content due to a violation of the Agreement. We and/or our applicable licensees, assigns and/or successors-in interest, if any, may, at our discretion, do the following with Your Content: (i) publicly display it, (ii) incorporate it into advertisements and other works, (iii) promote it, (iv) create derivative works from it, (v) adapt or reformat it, and/or (vi) distribute it, among others. You agree that we and/or our applicable licensees, assigns and/or successors-in interest, if any, may perpetually and royalty free allow others to do the same in connection with other websites and media platforms (hereinafter referred to as “Other Communication Mediums”).

You also irrevocably grant the Website’s users and Other Communication Mediums (including their owners) the right to access Your Content in connection with the use of the Website and any Other Communication Mediums. You recognize and agree that Your Content submissions are non-confidential and non-proprietary.

The Website may contain applications and services or other mediums that enable you or others to post or submit text or data in order to be displayed on or in the Website ("User-Generated Content Fields"). Whenever you use any of the Website’s available User-Generated Content Fields, you recognize and agree that you are solely responsible for your use of such User-Generated Content Fields and that you use these at your own risk. By using any User-Generated Content Fields, you expressly agree not to post, upload to, transmit, distribute, transfer, store, create or otherwise publish through or by means of the Website any of Your Content that:

(i) Is unlawful, libelous, defamatory, obscene, pornographic, indecent, offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable,
(ii) May infringe or violate any copyrights, patents, trademarks, service marks, trade secrets, or other intellectual or proprietary rights of any person or entity,
(iii) Pretends to be from any other person or entity or otherwise misrepresents your affiliation with a person or entity or us,
(iv) Would constitute, foster or provide instructions for a criminal offense, violation of the rights of persons or entities, or that in any other manner may create or result in any liability or violation of any local, state, national or international law, including but not limited to, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ,
(v) Is not related to the topic of the User-Generated Content Field(s) in which the content is posted,
(vi) Is or constitutes private information of another person or entity, including but not limited to, surname, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers, and/or
(vii) Is or constitutes unsolicited promotion, political campaigning, advertising, contest, sweepstakes or any other solicitations.

Furthermore, you agree not to post, upload to, transmit, transfer, distribute, store, or create, through or by means of the Website, Your Content or links to any of Your Content that, in our sole judgment,: (1) violates any of the terms and conditions of the Agreement, (2) restricts or otherwise prevents any other person from using or enjoying the User-Generated Content Fields of the Website, (3) is objectionable, and/or (4) may expose us, our affiliates, subsidiaries, related companies, partners, licensees, assigns, and/or successors-in-interest, if any, or the Website’s users to any harm or liability of any type.

We and our subsidiaries, related companies, affiliates, partners, licensees, assigns, and/or successors-in-interest, if any, are not responsible in any manner and assume no liability for any of Your Content and User Generated Content posted, stored, uploaded or for any loss or damage thereto. We and our subsidiaries, related companies, affiliates, partners, licensees, assigns, and/or successors-in-interest, if any, are not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter by using or interacting with the Website or any applications therein. We and our subsidiaries, related companies, affiliates, partners, licensees, assigns, and/or successors-in-interest, if any, are not liable for any of Your Content and User Generated Content, statements or representations submitted or otherwise provided by Website’s users in any public forum, personal home page or any communications mediums. We and our licensees, assigns, and/or successors-in-interest, if any, do not have any obligation to monitor, edit or otherwise screen any of Your Content or User-Generated Content posted or distributed through any User-Generated Content Fields. However, we reserve the right, at our sole discretion, to remove, monitor, translate or edit without notice any of Your Content or User-Generated Content posted, uploaded or stored to or in the Website at any time and for any reason, or to have such actions performed by third parties on our behalf. You are solely responsible for creating backup copies of Your Content at your sole cost and expense.

If it were concluded under applicable law that you retain moral rights (e.g: rights of attribution or integrity) in Your Content, you hereby declare that: (a) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author regarding any of Your Content, (b) you have no objection to the publication, use, modification, deletion and exploitation of Your Content by us or our applicable licensees, assigns and successors-in-interest, if any, (c) you do not require that any personal information be used in connection with Your Content or any derivative works or adaptations of, or upgrades or updates thereto, and (d) you forever release us and our licensees, assigns and successors-in-interests from any claims that you could otherwise assert by virtue of any such moral rights.

Any use of the User-Generated Content Fields or other portions of the Website in violation of the foregoing violates the terms of the Agreement and may result, at our sole discretion, in termination or suspension of your rights to use the User-Generated Content Field and/or the Website, among others.

Online Magazine, Directories and any other Services

The Website is provided for informational purposes only. The Website should not be used in any manner that may result in or cause damages or injuries to any person, legal entity, property or business whether or not an error occurs. You expressly assume any and all risks in relation to the use of the Website.

We offer you, through our Website, the opportunity to read magazine articles with content about tourism, travel, entertainment, leisure, attractions, recreations, activities, tours, places and other information. For purposes of providing you with information about the flora and fauna found in some travel and tourism destinations, attractions, and places, we may publish from time to time information about the names of flora and fauna discovered. Sometimes the information about flora and fauna is given by tour providers and even in some cases biologists who may guide our trip. We take reasonable efforts to corroborate the information provided about flora and fauna prior to its publication. However, you recognize and agree that we are not responsible for and do not warrant the accuracy or completeness of the information displayed about flora and fauna. If you are interested in the information provided about flora and fauna for educational or professional purposes or other, you recognize that you are solely responsible for the validation of the information published about the flora and fauna.

In order to provide you an idea of the effort level of a particular tour, recreation or activity regarding the content of a magazine article displayed in the Website, we publish what we believe is the effort level of such tour, recreation or activity, according to our experience and perception (including that of the Website’s journalists) and considering the tour provider’s opinion, as applicable. Since people have different perceptions of experiences, you recognize that you are solely responsible of corroborating the effort level of a particular tour, recreation or activity with the corresponding tour provider, tour operator, supplier or activity administrator prior to performing the same. We encourage you to be cautious when you decide which type of tour, recreation or activity to perform or type of place to visit, and to consider your health and physical condition prior to performing the same. You recognize and agree that you are solely responsible for confirming whether you are capable of participating in any of these tours, recreations or activities, regardless of the effort level or any other information provided in the Website, and that it is your responsibility, at your sole discretion, to consult a physician prior to performing any of the tours, recreations or activities related to content published in the Website. You recognize and agree that we and our affiliates, subsidiaries, related companies, partners, licensees, assigns and successors-in-interest, if any, are not responsible in any manner for your safety or others’ when participating in any tour, recreation, activity or event related in any manner to the content published in the Website, including, but not limited to, the online magazine or online directories.

We are not a travel agency and do not provide or own any of the businesses published in our online directories or in any other content of the Website, such as tour providers, restaurants, lodging establishments, and places.

Although the Website displays information about tourism and travel or entertainment or leisure-related businesses and/or places owned or administered by third-parties (hereinafter referred to as “Third Party Businesses or Places”), such action does not in any way imply, suggest, or constitute that we or our applicable licensees, assigns and successors-in-interest, if any, sponsor or approve the Third Party Businesses or Places, or have any affiliation with these. In some cases, some Third Party Businesses or Places may be suggested in the Website, but you recognize that we and our applicable licensees, assigns and successors-in-interest, if any, are not responsible in any manner and assume no liability in regards to those suggestions or any losses or damages suffered from or in connection with your performance or participation in tours, recreations, or other activities or visiting any of the suggested Third Party Businesses or Places and/or receiving or acquiring their services or products. You recognize and agree that you are solely responsible for the selection of the Third Party Businesses or Places that you determine to contract or visit in order to perform or acquire their services or products.

You recognize that we and our applicable licensees, assigns and successors-in-interest, if any, are not an agent or otherwise representative of the Third Party Businesses or Places, which information is published in the Website. The information about the Third Party Businesses or Places found in the Website’s online directories is based on information found in the business or place itself or in public information sources at particular times or based on information provided by the corresponding Third Party Businesses or Places at some point in time, as applicable. The purpose of such information, including prices and price ranges, is to serve as guidelines only as it may not be updated on a daily basis. You recognize and agree that you have the discretion of corroborating the information found in the online directories with the Third Party Businesses or Places, and that we and our applicable licensees, assigns and successors-in-interest, if any, are not responsible for and do not warrant the accuracy or completeness of the information displayed in relation to these Third Party Businesses or Places. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and any use of this information for commercial purposes.

Be noted that currently the prices and price ranges shown in the Website display the U.S. currency value.

The use you give to comments or any other User-Generated Content in the Website is at your own risk.

Links to Third Party Sites

The Website may include hyperlinks to websites operated by parties other than us. You recognize that the use of these hyperlinks is at your sole discretion and that these are only provided for your reference. You recognize that we and our applicable licensees, assigns and successors-in-interest, if any, do not control or endorse such third-party websites and are not responsible for their contents, policies, privacy measures or other practices. You acknowledge that you are solely responsible to take precautions to ensure that any links you select or software you download from third-party websites, if any, is free of items such as viruses, worms, trojan horses, defects and other items of a destructive nature. The inclusion of hyperlinks to third-party websites does not imply any endorsement of the material in such websites or any association with their operators. Your use and interaction of third-party websites is at your own risk.

We are not responsible for content on websites operated by parties other than us.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS OUR LIABILITY TO YOU DUE TO ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE WEBSITE. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, WE SUGGEST YOU CONSULT A LAWYER PRIOR TO ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS AND CONDITIONS OF USE, INCLUDING THIS SECTION.

THE WEBSITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, AND WITH THE EXPRESS UNDERSTANDING THAT WE OR OUR APPLICABLE LICENSEES, ASSIGNS AND/OR SUCCESSORS-IN-INTEREST, IF ANY, MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. YOUR USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK. WE MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, SUITABILITY, OR RELIABILITY OF THE WEBSITE, ITS SAFETY OR SECURITY, OR THE WEBSITE’S CONTENT. ACCORDINGLY, YOU RECOGNIZE THAT WE AND OUR AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, PARTNERS, LICENSEES, ASSIGNS AND/OR SUCCESSORS-IN-INTEREST, IF ANY, ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE WEBSITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, COMPLETENESS OR RELIABILITY OF THE WEBSITE, ONLINE MAGAZINE, DIRECTORIES, COMMENTS, AND/OR ANY OTHER WEBSITE’S CONTENT (INCLUDING BUT NOT LIMITED TO, THEIR DISPLAY, CONTENT OR ORDER), METRICS AND/OR ANY OTHER APPLICATIONS FOUND IN OR USED OR MADE AVAILABLE IN CONNECTION WITH OR THROUGH THE WEBSITE.

WE DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THE WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM US OR OUR LICENSEES, ASSIGNS OR SUCCESSORS-IN-INTEREST, IF ANY, OR THROUGH THE WEBSITE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES, AND PRODUCTS, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

THE INFORMATION, SOFTWARE, SERVICES, AND PRODUCTS PUBLISHED IN THE WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF, AND MAKE NO WARRANTIES AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THIRD-PARTIES BUSINESSES, ATTRACTIONS OR PLACES LISTED IN THE WEBSITE, SUCH AS TOUR PROVIDERS OR ADMINISTRATORS, LODGING ESTABLISHMENTS, RESTAURANTS, PLACES AND ANY OTHER SERVICES OR PRODUCTS DISPLAYED IN THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, THE PRICING, AVAILABILITY, PHOTOGRAPHS, VIDEOS, LODGING ESTABLISHMENT AMENITIES, GENERAL SERVICES OR PRODUCT DESCRIPTIONS, AND/OR COMMENTS). WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY INACCURACIES OR ERRORS FOUND IN OUR WEBSITE.

WE MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED OR DISPLAYED IN THE WEBSITE, OR THE WEBSITE'S USERS. THEREFORE, WE AND OUR AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, PARTNERS, LICENSEES, ASSIGNS OR SUCCESSORS-IN-INTEREST, IF ANY, ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THESE THIRD PARTIES’ ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES, ADVERTISERS LISTED, FEATURED OR DISPLAYED IN THE WEBSITE.

IN NO EVENT SHALL WE, INCLUDING BUT NOT LIMITED TO, OUR OFFICERS, DIRECTORS, OWNERSHIP MEMBERS, MANAGERS, EMPLOYEES, AND/OR AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, PARTNERS, LICENSEES, ASSIGNS OR SUCCESSORS-IN-INTEREST, IF ANY, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, LOSS OF INFORMATION OR DATA AND/OR ANY OTHER TYPE OF DAMAGES, ARISING OUT OF, OR IN CONNECTION TO, YOUR ACCESS TO, DISPLAY OF OR USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE WEBSITE (INCLUDING BUT NOT LIMITED TO, YOUR RELIANCE UPON THE ONLINE MAGAZINE CONTENT, DIRECTORIES CONTENT, ADVERTISEMENTS AND USER-GENERATED CONTENT, AND/OR ANY OTHER WEBSITE’S CONTENT, APPEARING IN THE WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, SERVICES AND/OR PRODUCTS OBTAINED THROUGH THE WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE WEBSITE), WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, ITS RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE WEBSITE.

WITHOUT LIMITING THE TERMS STATED ABOVE OR WAIVING OR RENOUNCING TO ANY OF THE DISCLAIMERS OR STATEMENTS MENTIONED ABOVE, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH OR ARISING OUT OF THE WEBSITE, ITS RELATED SERVICES OR THE AGREEMENT WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO US IN CONNECTION WITH THE WEBSITE, GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00). WITHOUT LIMITING THE TERMS STATED ABOVE OR WAIVING OR RENOUNCING TO ANY OF THE DISCLAIMERS OR STATEMENTS MENTIONED ABOVE, YOU ALSO RECOGNIZE THAT THIS MAXIMUN AGGREGATE AMOUNT ALSO APPLIES TO ANY CLAIMS IN CONNECTION WITH OR ARISING OUT OF THE WEBSITE, AGAINST OUR AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, PARTNERS, LICENSEES, ASSIGNS OR SUCCESSORS-IN-INTEREST, IF ANY.

The limitations specified in this section will survive and be effective even if any limited remedy specified in these terms is found to have failed its essential purpose. The limitations of liability provided in these terms inure to the benefit of us and our affiliates, subsidiaries, related companies, partners, representatives, licensees, assigns, successors-in-interest, if any and as applicable.

Indemnity

You agree to indemnify, defend and hold harmless us and any of our affiliates, subsidiaries, related companies, suppliers, licensors, partners, representatives, licensees, assigns, successors-in-interest, if any, and/or allies, and our and their officers, directors, ownership members, employees, contractors, agents and representatives from and against any claims, causes of action, demands, liabilities, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to, court costs, legal fees, and interests, filed or brought by third parties as a result of or in connection with: (i) your violation of the Agreement or any document referenced herein; (ii) your use of the Website in any manner, or (iii) your violation of any law or the rights of a third party, including but not limited to, the infringement by you of any intellectual property rights (e.g.: copyrights, trademarks, service marks) or other right of any person or entity.

We reserve 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 such matter without the prior written consent of us. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Copyrights, Service Marks, and Trademarks Notices

Intrepid Mesh, LLC owns all the rights, titles and interests, intellectual property rights (e.g.: copyrights) and any other proprietary rights over the ecotreasures Content and the rights, titles and interests of the service marks, trademarks, trade names, and trade dress and all other intellectual property rights associated with the Website, Website’s logo and ecotreasures Content. © 2016 - 2023 Intrepid Mesh, LLC. All rights reserved.

Under the laws of the United States Federal Government and the Commonwealth of Puerto Rico, the ecotreasures name and logo (including the compass design, among other designs) displayed in the Website and the Website’s trade dress are service marks and trademarks property of Intrepid Mesh, LLC. Under the United States Patent and Trademark Office’s Principal Register, the ecotreasures name displayed in the Website is a registered service mark property of Intrepid Mesh, LLC. Under the laws of the United States Federal Government and the Commonwealth of Puerto Rico, the Website’s trade name, service marks and trademarks displayed in and/or associated with the Website or ecotreasures Content and any other intellectual property in the Website associated with the Website and/or ecotreasures Content, whether registered or non-registered, are the exclusive property of Intrepid Mesh, LLC, including ownership of all its rights, titles and interests.

You recognize and agree to respect and not violate the copyrights and rights regarding service marks, trademarks, trade names, trade dress and any other proprietary and intellectual property rights of Intrepid Mesh, LLC, and third parties (e.g.: licensors) who have provided or may provide content and/or services that are or may be made available in connection with the Website. Also, you agree to comply with the following.

The ecotreasures Content displayed in the Website or otherwise that is or may be made available in connection with the Website cannot be copied, imitated, modified, adapted, used to create a derivative work, or otherwise used, in whole or in part, without our prior written permission.

The look and feel and the design of the Website, including, but not limited to, all page headers, custom graphics, main content design, sidebar designs, lightboxes, navigation bars, buttons, icons and scripts, is the service mark, trademark and/or trade dress of Intrepid Mesh, LLC and cannot be copied, imitated, modified, or used, in whole or in part, without the prior written permission of Intrepid Mesh, LLC.

If you are aware of an infringement of either your brand or our brand, under applicable laws, please let us know by contacting us by email to the corresponding email address shown in the Website’s “contact us” page, accessible by clicking the “contact us” link at the bottom of the Website’s page.

Copyright Infringement Notifications to Copyright Designated Agent

We respect the rights of others and take seriously copyright infringements. Pursuant to the Digital Millennium Copyright Act (Title 17, United States Code, Section 512), if you have a good faith belief that your work has been used in the Website in a way that may constitute copyright infringement, please submit our designated Copyright Agent a written notification with the following information:

(a) Identification and description of the copyrighted work or works that are claimed to have been infringed,
(b) Identification and description of the material that is claimed to be infringing or to be the subject of infringing activity, indicating where this information is available in the Website (e.g.: the URL address),
(c) A statement expressing that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law,
(d) A statement made under penalty of perjury, expressing that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is claimed to be infringed,
(e) Your address, telephone number, and an electronic mail address, if any, at which you may be contacted, and
(f) Your physical or electronic signature as a person authorized to act on behalf of the owner of an exclusive right that is claimed to be infringed.

Notifications of claimed copyright infringement in relation to content in the Website should be sent to:

By mail: Intrepid Mesh, LLC
Att: Copyright Manager
1357 Ashford Ave. Suite 2, PMB 272
San Juan, Puerto Rico 00907-1400

By email: copyrightagent@ecotreasures.com

The above contact information is only for purposes of notifying alleged copyrights infringements. For other matters, the Website’s contact information is provided on the “contact us” link available at the bottom of the Website’s page.

The Copyright Agent may be reached by phone at the telephone number found in our “contact us” page.

Choice of Governing Law and Jurisdiction

The Website is operated by a limited liability company organized under the laws of the Commonwealth of Puerto Rico. The Agreement is governed by the laws of the Commonwealth of Puerto Rico, without regard to conflict of law provisions. Provided that infringement to our intellectual property rights are governed by the laws of the Commonwealth of Puerto Rico and the United States Federal Government, as applicable. FOR ANY CLAIM, CAUSE OF ACTION OR DISPUTE BROUGHT BY EITHER PARTY, YOU HEREBY AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE PUERTO RICO COURTS AND U.S. FEDERAL COURTS LOCATED WITHIN SAN JUAN, PUERTO RICO, AS APPLICABLE. You also agree to stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of the Website and/or the infringement of intellectual property rights. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

General Terms

(a) We reserve the right to modify, update, or discontinue the Website, in whole or portions thereof, at our sole discretion, at any time, for any or no reason, and without notice or liability.

(b) The Agreement constitutes the entire agreement between you and us with respect to the Website and it supersedes all prior or contemporaneous communications, whether electronic, oral, or written, between you and us with respect to the Website. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other documents originally generated and maintained in printed form.

(c) The sections’ titles in the Agreement are for convenience only and have no legal or contractual effect.

(d) Any omission from us to exercise or enforce any right or provision of the Agreement does not constitute a waiver of such right or provision. The omission of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

(e) Our performance of the Agreement is subject to existing laws and legal process, and nothing included in the Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Website or information provided to or gathered by us or our applicable licensees, assigns or successors-in-interest, if any, with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Website within one (1) year from the date on which such claim or action arose or accrued, and that failure to bring such claim or cause of action within such period of time has the effect that such claim or cause of action will be irrevocably waived by you.

(f) If part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to, the warranty disclaimers and liability limitations set forth above, the rest of the Agreement shall remain in full force and effect. The invalid or unenforceable provision shall be modified to reflect the parties' intention, or eliminated to the minimum extent necessary.

(g) The Agreement, and any rights or obligations hereunder, are not assignable, transferable or sub-licensable by you, except with our prior written consent. Any attempted assignment by you will violate the Agreement and be void.

(h) You recognize and agree that no joint venture, agency, partnership, or employment relationship exists between you and us and/or our affiliates, subsidiaries, related companies, partners, licensees, assigns or successors-in-interest, if any, as a result of the Agreement or use of the Website.

(i) Fictitious names of companies, products, people, characters, and/or data mentioned in the Website are not intended to represent any real individual, company, business, product, place or event.

(j) Any rights not expressly granted herein are reserved by us.

If you have questions, you may contact us by sending an email to the email address found at the Website’s “contact us” page, which is accessible through the corresponding link available at the bottom of the Website page.

Agreement, as amended on November 7, 2023.

This revised Agreement’s posting date: November 7, 2023 (this current version).