Terms and Conditions

General Terms & Conditions These Terms of Use, along with policies and guidelines located throughout the website identify what users of the M-Certified ("users") can expect from the M-Certified and what we expect from users. By accessing any areas of the M-Certified, users are deemed to have accepted these Terms of Use and other policies and guidelines identified throughout the M-Certified website. I. ONLINE CONDUCT User agrees to use the M-Certified website only for lawful purposes. User is prohibited from posting on or transmitting through the M-Certified website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If M-Certified is notified of any material on the M-Certified website (collectively "Content") provided by User that is allegedly infringing, defamatory, damaging, illegal, or offensive, M-Certified may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the M-Certified website. M-Certified may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the M-Certified website; or (iii) to protect the rights or property of M-Certified and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors and any other User. M-Certified reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, the M-Certified website, the communities that make up the M-Certified website, or any rights of M-Certified or any third party, or to violate any applicable law. Notwithstanding the foregoing, no M-Certified Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no M-Certified Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content on the M-Certified Website. II. PRIVACY POLICY M-Certified respects the privacy of its Users. The terms and conditions of the M-Certified websites Privacy Policy, are incorporated herein by reference. III. TRADEMARKS M-Certified is a trademark of eco-perks.com. M-Certified is provided by eco-perks.com. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of M-Certified, Inc. and its licensors used on the M-Certified Website may not be used without prior written consent of eco-perks.com or its licensor, as the case may be. Without limiting the foregoing, no eco-perks.com trademark or trade dress may be used in connection with any product or service that is not eco-perks.com, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits eco-perks.com. IV. CONTENT a. Proprietary Rights User acknowledges that the M-Certified Website contains Content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and M-Certified, Inc. owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software. b. Export The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the M-Certified Website to either a foreign national or a foreign destination in violation of such laws. VI. TERMINATION OF USAGE M-Certified may suspend or terminate any User's access by terminating or disabling membership to all or any part of the M-Certified Website including any the suspension of all EcoPoints, without notice, for any reason in M-Certified sole discretion, including without limitation M-Certified's belief that such access would violate any applicable law or would be harmful to the interests of any M-Certified Provider or another User. VII. PASSWORD SECURITY Every User is responsible for (i) keeping such User's M-Certified account password confidential and (ii) restricting access to such User's computer. Each User agrees to accept full responsibility for all activities that occur within such User's M-Certified account. VIII. DISCLAIMERS AND LIMITATION OF LIABILITY THE M-Certified WEBSITE IS PROVIDED BY M-Certified PROVIDERS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH M-Certified PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NO M-Certified PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE M-Certified WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE M-Certified WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE M-Certified WEBSITE; OR (IV) THAT THE M-Certified WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF M-Certified ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO M-Certified PROVIDER GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE M-Certified WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE M-Certified WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY M-Certified PROVIDER. UNDER NO CIRCUMSTANCES SHALL ANY M-Certified PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE M-Certified WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE M-Certified WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO M-Certified RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE M-Certified WEBSITE. NO M-Certified PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE M-Certified WEBSITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH M-Certified PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS. IX. SEVERABILITY the provisions of these Terms of Use are intended to be sever able. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. X. APPLICABLE LAW; JURISDICTION This site is created and controlled by myconcertconcierge.com in the State of California. As such, the laws of the State of California will govern these Terms of Use, without giving effect to any principles of conflicts of laws. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation arising out of or relating to use of or purchase made through the M-Certified Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the California Courts and agrees not to plead or claim in any California Court that such litigation brought therein has been brought in an inconvenient forum. XI. BINDING ARBITRATION Any controversy or claim arising out of or relating to this Terms of Use (including any breach thereof), the M-Certified Website, any Content or any item purchased from the M-Certified Website shall be settled by confidential arbitration in Callifornia, Callifornia administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude M-Certified from seeking any injunctive relief in State or Federal courts located in the State of Callifornia for protection of M-Certified or M-Certified licensor's intellectual property rights, and you consent to exclusive jurisdiction and venue in such courts. XII. ACKNOWLEDGMENT The Terms of Use, including all documents referenced herein, represents the entire understanding between User and M-Certified regarding User's relationship with M-Certified and supersedes any prior statements or representations. When using the M-Certified Website or making a purchase there from, USER AGREES TO BE BOUND BY THESE TERMS OF USE. XIII. MODIFICATION M-Certified reserves the right to make changes to the M-Certified Website, posted policies and these Terms of Use at any time without notice.