eClean, Inc. Terms of Use

This Privacy Policy is effective as of June 10, 2011.

Welcome to www.eclean.com.  Your use of the web sites on which these terms reside (the "Site"), and the features at this Site are subject to these Terms of Use, which we may update from time to time.  Please read these Terms of Use carefully before using this Site.  The Site is owned or controlled by eClean, Inc., a Delaware corporation ("eClean").  This Site is intended for and applicable only for residents of the United States.  If you are from another jurisdiction, you should not use this Site. 
By accessing this Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to eClean, you agree to and are bound by the terms, conditions, policies and notices contained on this page (the "Terms"), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of California law.

Modifications to Terms of Use
From time to time we may update this Site and these Terms.  Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes.  You agree to review these Terms periodically to ensure that you are familiar with the most recent version.  eClean may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you.  You agree that you do not have any rights in this Site and that eClean will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.

eClean Ownership Rights and Grant of License
The Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "eClean Content") are protected by copyright laws and other U.S. and international laws and treaties. All eClean Content is provided through this Site as a service to you and may be used only for personal, informational, and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the eClean Content. No right, title or interest in eClean Content is conveyed to you. This is a limited license, not a transfer of title of eClean Content to you, and such license is subject to the following restrictions: you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Site or any of its eClean Content without our prior written permission; you may not access or use this Site for any competitive or commercial purpose; nor may you permit any copying of eClean Content. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of eClean Content is prohibited. eClean may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by eClean, as applicable.

eClean retains all rights regarding its trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of eClean, and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of this Site. Your misuse of eClean trademarks is strictly prohibited. You are also advised that eClean may aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

Restrictions on Use of Site
The following requirements apply to your use the Site:

• You will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
• You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
• You will not collect or store personal data about other users.
• You will not use the Site for any commercial purpose. You will not upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication.
• You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

User Content Posting Policy
eClean may, but are not obligated to, use-in any way we see fit any ideas, concepts, know-how, text, photographs, images or techniques ("User Content") contained in any communication you send to or post on the Site or provide to eclean for any purpose whatsoever including, but not limited to, for advertising, promotion, entertainment, and commercial purposes, and developing, manufacturing and marketing products. Accordingly, eClean may use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Content, in whole or in part, in any form, media or technology (e.g., broadcast and cable television, radio, mobile transmission, and the internet), now known or hereafter developed, all without any payment to or further authorization by you.

You understand that such User Content may be accessed and viewed by others, including by the general public, and, whether or not such User Content is published, eClean does not guarantee any confidentiality with respect to any User Content. You are solely responsible for your own User Content and the consequences of their publication on this Site (assuming eClean chooses to post them once submitted). eClean reserves the right to determine in its sole discretion whether any User Content is appropriate; whether it complies with these Terms, our standards, and applicable law; and whether it may be posted or removed.

 You agree to indemnify and hold eClean, its parents, subsidiaries, directors, officers, employees, contractors, and agents and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Posting Policy set forth above, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to eClean or this Site.

You acknowledge and agree that eClean will not have any obligation to review, monitor, display, accept or exploit any User Content and eClean may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability. You will not receive any additional consideration or compensation for your User Content or for our exploitation of your User Content. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

ECLEAN DOES NOT ENDORSE THE USER CONTENT, IS NOT RESPONSIBLE FOR THE USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT PROVIDED THROUGH THIS SITE.


Representations and Limitations of Liability
eClean makes no representations about the reliability of the features of this Site, eClean Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. eClean makes no representations regarding the amount of time that any eClean Content or User Content will be preserved.
eClean does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by eClean without the prior review and written approval of eClean.

All features, specifications, products and prices of products and services described on this Site are subject to change at any time without notice. From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. eClean makes no representation as to the completeness, accuracy, or currency of any information on this Site. eClean reserves the right to make changes in information about price, description, or availability without notice. eClean reserves the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. The inclusion of any products or services on this Site does not imply or warrant that these products or services will be available over the internet or in each of our physical store locations or kiosks at any particular time.

THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ECLEAN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL ECLEAN BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND ECLEAN’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL ECLEAN OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF ECLEAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


Digital Millennium Copyright Act
eClean does not permit copyright infringing activities on this Site. eClean may remove any content of any kind that a user posts to this Site if properly informed that such content infringes another's copyright rights. eClean may terminate the ability to submit such content if, under appropriate circumstances, a person submitting such content to this Site is determined to be a repeat infringer.

If you are a copyright owner or an agent for such owner and believe that any content posted on this Site by third parties infringes upon your copyrights, you may notify eClean by providing the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
• Identification of the location where the original or an authorized copy of the copyrighted work exists;
• Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit eClean to locate the same;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
• A statement 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; and
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
  

eClean’s agent for notice of claims of copyright infringement can be reached as follows:

eClean, Inc.
372 28th Street
San Francisco, CA 94131

info@eClean.com

If you fail to comply with all of the requirements above, your notice may not be valid.

Third Party Websites
This Site may hyperlink to sites not maintained by or related to eClean. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or eClean, and eClean makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site's privacy policy, and eClean has no control over how your information is collected, used, or otherwise handled.


Miscellaneous
Both you and eClean acknowledge and agree that no partnership is formed and neither of you nor eClean has the power or the authority to obligate or bind the other.

These Terms will be governed by and construed in accordance with the internal laws of California without regard to conflicts of laws principles.  By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in the San Francisco, California.  These Terms operate to the fullest extent permissible by law.

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy available at ______________ for more information about our information collection and use practices.

The failure of eClean to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of eClean, shall not be deemed a breach of these Terms.
If eClean fails to act with respect to your breach or anyone else's breach on any occasion, eClean is not waiving its right to act with respect to future or similar breaches.

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

These Terms constitute the entire agreement between you and eClean regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.