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Terms of Service

The Eco Solution, LLC

Last modified: September 14, 2021

INTRODUCTION

The Eco Solution, LLC, a Colorado limited liability company doing business as “EcoEnclose” (“EcoEnclose”, “we”, or “our”) maintains the website www.ecoenclose.com and all of its content (collectively, the “Website”) for your information. Please feel free to browse the Website. Your access to and use of the Website is subject to these Terms of Service (“Terms”), our Privacy Notice, and all applicable laws. By accessing, using, and browsing the Website, you agree to the following Terms.

These Terms govern your use of EcoEnclose services (including use of the Website), including the purchase and use of Products (defined below) and services (collectively, the “Services”). By mutually executing a purchase order, invoice, and/or other ordering document with EcoEnclose that references these Terms, and/or by using the Website, you agree to these Terms, the applicable ordering document, and our Privacy Notice. You may be referred to herein as “you”, “your”, or “Customer”. 

If you are using the Services or executing an ordering document on behalf of an organization such as your employer, you are agreeing to these Terms on behalf of that organization, and represent and warrant that you have the authority to agree to these Terms on the organization's behalf. In that case, “you”, “your”, or “Customer” will refer to that organization.

These Terms constitute the entire and exclusive understanding and agreement between you and EcoEnclose regarding the Services. Any failure by us to enforce any right or provision of these Terms will not be considered a waiver of such right or provision, and the waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of EcoEnclose.

CHANGES TO THE TERMS
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services (including use of the Website) following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

CHILDREN UNDER AGE 13

You must be at least 13 years of age or older to register and use the Website or purchase our Products. If you are under 13, you must use an account created by a parent or guardian and you must have the explicit permission of a parent or guardian to use our Website or purchase our Products.

PRODUCTS

Our Website allows users to browse, view, choose, and purchase various products (“Products”). We provide content to complement our Products, and all content is provided for informational purposes only. We may, in our sole discretion, change, delete, update, modify or otherwise alter Products and our content at any time without providing you notice, and, in addition, we may change the pricing and availability of Products in our sole discretion at any time without providing you notice. All photos, videos, and other images of Products on our Website are for illustrative purposes only.  The actual Product may vary from that shown on our Website. We make reasonable efforts to accurately display the attributes of our Products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of Products on our Website at any time does not guarantee that these Products will be available for purchase. Our current prices can be found on the Website.

COPYRIGHT
Everything you see or read on the Website is copyrighted unless otherwise noted and may not be used except as provided in these Terms or in the text on the Website without the written permission of EcoEnclose. You may not distribute, modify, transmit, reuse, re-post, or use the content of the Website, including the text, images, audio and video, without our written permission.

You confirm that whether by way of copyright ownership or otherwise you have authority to and do grant us permission to print all the images you submit to us and that you will indemnify us from any liabilities or costs that we may incur as a result of claims to the contrary. You etain all legal rights to the images and files that you upload. EcoEnclose will use your images to manufacture products per your request. EcoEnclose will only use your images in promotional materials with your express permission. Uploading of inappropriate images may lead to account termination.

PRODUCT WARRANTY

Our Products are made to the highest standards and we are proud of Product quality. If any defect in material, workmanship, or printing is evidence, please reach out to us in accordance with our Returns procedures.

WARRANTY DISCLAIMERS
While EcoEnclose uses reasonable efforts to include accurate and up to date information in the Website, EcoEnclose makes no warranties or representations as to its accuracy or completeness. Everything on the Website is provided to you "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF OMISSIONS, ERRORS, OR DEFECTS. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. 

ANY USE OF THE SERVICES IS AT YOUR RISK. Neither EcoEnclose nor any other party involved in creating, producing or delivering the Website is liable for any direct, indirect, incidental, consequential, or punitive damages of any kind arising out of your access to, or use of, the Website. EcoEnclose also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property relating to your access to, use of, or browsing in the Website or your downloading of any content, materials, data, text, images, video or audio from the Website.

CONTENT
Any communication or material that is transmitted to or from EcoEnclose through the Website is governed by our Terms. Subject to the foregoing, any communication or material you transmit to or through the Website electronically or otherwise, including any questions, comments, or suggestions is, and will be treated as non-confidential and non-proprietary. Anything you transmit or submit may be used by EcoEnclose or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, EcoEnclose is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

Images of people or places displayed on the Website are either the property of, or used with permission by, EcoEnclose. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

TRADEMARKS
Our company name and all related names, logos, product and service names, designs, and slogans are trademarks of EcoEnclose or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

FEEDBACK
You agree that submission of any ideas, suggestions, documents, and/or proposals to us through our suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that EcoEnclose has no obligations (including obligations of confidentiality) with respect to such Feedback.  You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant EcoEnclose a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, sublicense, distribute, reproduce, modify, adapt, publicly perform, publicly display, re-format, and otherwise commercially or non-commercially exploit in any manner any and all Feedback, and any portions thereof, for the purposes of operating, maintaining, providing, and enhancing our Website and Services. You hereby waive your moral rights in connection with your Feedback.

MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS ECOENCLOSE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

LINKS FROM OUR SITE
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
All information we collect on this Website is subject to our Privacy Notice. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

CONFIDENTIALITY
Certain areas of this Website, such as areas that require a login to access, may contain confidential information of EcoEnclose or third parties and may be restricted and/or subject to additional terms of use. A valid username and password may be required to access those areas. Access by unauthorized persons, and unauthorized use or disclosure of EcoEnclose or a third party’s confidential information, is a violation of EcoEnclose's or such third parties’ rights and is strictly prohibited. Certain products and services described on the Website are available only to registered users and may be subject to additional terms and conditions.

ACCESSING THE SITE

We reserve the right to withdraw or amend this Website, and any Service or products we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.

  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

User agrees not to submit, transmit or upload to the Website any content that: (a) is false, deceptive, misleading, or deceitful; (b) infringes any intellectual property rights of any third party, or is a submission that you do not have the right or authority to make; (c) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; and/or (d) disrupts the normal flow of dialogue with an excessive amount of submissions (flooding attack) to the Website or the Services, or that otherwise negatively affects other users’ ability to use the Website or the Services. EcoEnclose has the right to contact any user on the Website at any time and may immediately suspend or terminate any authorized user’s access to the Website and Services for any actual or suspected violation of these Terms.

PAYMENT

Payments can be made directly through the EcoEnclose Website via credit card or Paypal payment. You agree to pay all of the amounts due upon purchase via our Webiste or, for customers with approved credit terms, upon receipt of invoice.

Additional information regarding pricing and payments can be found on our Help page under “Pricing and Payments”, including information regarding how to apply for payment terms via our Credit Application. EcoEnclose reserves the right to reject orders, hold shipments, and stop production if we cannot collect overdue payments or if there is a violation of the Terms.

LEAD TIMES

Lead times are estimates and are determined for each product once art approval is complete. Lead times do not include shipping or freight.

We may provide you an estimated delivery window at the time you place an order. Your order may be subject to delays that are outside of our control that may alter the estimated delivery date. EcoEnclose will not be responsible for any financial consequences for delays, but will make every reasonable effort to mitigate delays, manage issue resolution, and work with related third parties to provide solutions.

ORDERS

Orders can be submitted through the Website or via Purchase Order for customers who have submitted a signed Credit Application (see above in “Payment”) and received written approval to be on credit terms with EcoEnclose. Once EcoEnclose has accepted an order it becomes a binding agreement between both parties and cannot be canceled. 

Prior to the acceptance of an order, EcoEnclose may review and reject any order for any reason, including if there are issues with specifications. Customers will have the opportunity to resubmit an order once corrections have been made.

At the time of order placement, EcoEnclose may reference a to-be-determined tax and/or freight cost that will be included on a future invoice. These costs are estimates only and are subject to change once the final costs are determined. Customers are required to pay all actual taxes and freight costs directly from the Carrier that are included on invoices.

CUSTOM PRODUCTS
We provide Products and detail the process for ordering custom Products here. If we provide you with a quote for a custom order, the quote is valid for 30 days and will include the tooling or set up cost, an estimated lead time, price quote, over/under thresholds, and any registration and print tolerances.

In certain circumstances, EcoEnclose may engage a third-party manufacturing partner (each, a “Manufacturing Partner”) for creation of Products. You agree that any Manufacturing Partner introduced by EcoEnclose represents significant efforts and working relationships that are unique to, and part of, the work product and intellectual capital of EcoEnclose. Therefore, without the prior specific written consent of EcoEnclose, you agree to refrain from conducting direct or indirect business dealings of any kind with any Manufacturing Partner introduced by EcoEnclose, with the exception of parties with which you have previously had a formal business relationship. Products manufactured are subject to overproduction or underproduction by EcoEnclose, relative to the ordered quantities. You will be billed for overs or refunded for unders not to exceed ±10%.

EcoEnclose is unable to check the resolution quality of individual images used in composite designs generated in third party programs. If a collection of images are generated in a third party program such as photoshop and then uploaded as a single .jpg, EcoEnclose software can only read the resolution quality of the entire flattened file. noissue therefore cannot be responsible for resolution quality of individual images composited together in third party programs.

SHIPPING
EcoEnclose uses a network of freight partners to import, ship, and deliver Items to their destination. You may calculate the cost of delivery and determine shipping timeframes by following the instructions provided here. While we assist customers in resolving shipping issues, EcoEnclose is not accountable for damages or delays caused by our freight partners and makes no commitment as to the date by which you will receive Products via our freight partners. You must inspect your order for visible damage before you sign for receipt. If Products are damaged in transit, you must retain all packaging and notify the freight partner immediately. 

TOOLING
The purchase of tooling equipment (“Tooling”) may be required to manufacture custom Items. Tooling equipment typically includes printing plates, cutting dies, and/or molds, and may have additional charges related to their reuse or re-application. Depending on usage it may be required to purchase a new set of Tooling once the equipment exceeds a specific number of impressions or period of time. Tooling will be stored by EcoEnclose or a third-party manufacturing party of EcoEnclose. Tooling that has not been used for a period of one calendar year from purchase date may be disposed of at the discretion of EcoEnclose. Payment for Tooling purchased is due upon order placement and is free of additional markup or management fees; once ordered, Tooling costs are non-cancellable and non-refundable. Once paid in full the Tooling belongs to the Customer. If an ordering document  is terminated before its end date, all outstanding amounts due to EcoEnclose must be paid before tooling will be released to Customer.

GEOGRAPHIC RESTRICTIONS
EcoEnclose is based in the State of Colorado in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

INDEMNIFICATION
You agree to indemnify and hold harmless EcoEnclose, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, vendors, suppliers and employees from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of any submissions, your third party event, website or organization, your use of the Website, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of any third party.

FORCE MAJEURE
EcoEnclose is not responsible to members for anything that EcoEnclose may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ECOENCLOSE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, THE WEBSITE, OR PRODUCTS PURCHASED THEREON, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

GOVERNING LAW AND JURISDICTION
All matters relating to the Website, the Services, and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms, the Website, and/or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in the City of Boulder and County of Boulder. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY
No waiver by EcoEnclose of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of EcoEnclose to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

ENTIRE AGREEMENT

These Terms of Service, our Privacy Notice, and applicable ordering document, our Commitment to You, and our Return Policy constitute the sole and entire agreement between you and EcoEnclose regarding the Website and the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and the Services.

YOUR COMMENTS AND CONCERNS

This Website is operated by The Eco Solution, LLC, a Colorado limited liability company doing business as “EcoEnclose”. We are located at 416 S. Taylor Avenue, Louisville, Colorado 80027. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].