EcoCards Terms & Conditions

The use of this site or any other site owned or maintained byEcoCards, a Wyoming Corporation organized and existing under the laws of the State of Wyoming(“Company”) is governed by the terms and conditions set forth below. These Terms and Conditions ("Terms and Conditions") are a legal agreement ("Agreement") between you and EcoCards with respect to your use of the EcoCards Services, whether you are an unregistered visitor ("Visitor"), anEcoCards.org account holder that has created an EcoUser account ("EcoUser"), or a participating charity ("Charity"). By using, visiting, or browsing any of the EcoCards.org Products and Services ("Products and Services"), EcoCards.org materials ("Materials") or EcoCards.org website or mobile platform ("Platforms") you agree to be bound by these Terms and Conditions, as well as our Privacy Policy. If you do not agree to these Term and Conditions, please do not use our website.

ARBITRATION NOTICE: Except for certain types of disputes described in the "Jurisdiction and Venue; Dispute Resolutions; and MANDATORY ARBITRATION sections below, you agree that all disputes between you and EcoCards.org with regard to this Agreement and your use of the will be resolved by binding, individual ARBITRATION, and you waive your right to participate in a class action lawsuit or class-wide arbitration

THE TERMS OF THIS AGREEMENT CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR POTENTIAL LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.

PRIVACY & SECURITY

Our privacy policy may be viewed at our privacy policy page.

We reserve the right to modify its privacy policy in its reasonable discretion from time-to-time.

Privacy: Age-Restrictions

Protecting children’s privacy is especially important to EcoCards.org. EcoCards.org recognizes that adults often purchase our products for family use, which may include use by minors. It is illegal to collect personal information from children under 13 for marketing purposes and EcoCards.org does not knowingly collect such information. Often, in the case of electronic usage, it is not clear if the provider of information is a child. If EcoCards.org becomes aware that a child under 13 submits personal information to us, we will attempt to delete the information. It is our policy to comply with the Children’s OnlinePrivacy Protection Act of 1998 and all other applicable laws.

YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS ECOCARDS.ORG'S WEBSITE WITHOUT EXPLICIT PARENTAL CONSENT. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THE ECOCARDS.ORG WEB SITE FOR ANY REASON. PARENTS MUST SEND CARDS ON BEHALF OF MINORS FROM PARENT ACCOUNTS .

Expectation of Privacy

Users who are 18 or older are allowed to upload personal content (e.g., photographs and information about themselves and others) to be shared, sent, and/or posted both on social media and through private messaging (User Materials). Accordingly, by submitting personal content through any of the EcoCards.org Products and Services, you hereby waive any and all privacy expectations (including the privacy expectations of any other individual who appears in the submitted content) with respect to EcoCards.org’s use of such content. If you do not wish to have personal content viewable by others, you should not use the EcoCards.org Services.

Please view our Privacy Policy which is incorporated herein for details concerning our data practices.

Collection of Personal Information

We collect personal information to provide outstanding customer service and allow us to communicate with you about the charities you are interested in.

If you do not want EcoCards.org to contact you with information on products and services click Eco-Card.org/Preferencesand update your personal contact information and preferences.

License

Subject to your strict compliance with this Agreement EcoCards hereby grants to the EcoUser a limited, revocable, noncommercial, nonexclusive, non-assignable, and nontransferable license to access and view the (excluding source and object code, other than as made available to access and use via standard web browsers to enable display on your device). No other use of Products and Services or Materials is authorized.

The Products and Services, technology, or business model used on the EcoCards.org and EcoUser platform may be the subject of intellectual property rights owned or licensed by EcoCards.org. Except for the limited license granted above, nothing contained in this Agreement confers to visitors or EcoUsers any license, title, or ownership of or to any intellectual property right of EcoCards.org or its Platforms. EcoCards.org reserves all rights not expressly granted by this Agreement. When you use the EcoCards.org platforms, you must: (a) keep intact all copyright, trademark and other proprietary notices; (b) make no modifications to the EcoCards.org platform, Products or Materials; and (c) not copy or adapt any object code associated with the EcoCard,org platforms, reverse engineer, modify or attempt to discover any source code associated with the EcoCards.org platform (nor allow or assist any third-party to do so).

Payment Methods

You must use a credit card to use our services. We accept U.S. issued credit and debit cards:

  • Visa
  • MasterCard
  • American Express

When placing an order online, you will need:

a. The address the card’s statement is sent to (billing address).

b. The card number and expiration date.

c. The 3 or 4 digit code found only on the card (CVV2 code).

Credit card orders can be placed online over our 128 bit Secure Socket layer encrypted connection provided by Forte or through Amazon.com.

Ordering Disclaimer

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. EcoCardsreserves the right to require additional information before processing any order and it may cancel transmission of an order if, in its discretion, it violates this Agreement. If an order appears fraudulent in any way, EcoCardsreserves the right to cancel the order, notify the cardholder and the proper authorities.

Delivery Policies

EcoCardsdelivers Products and Services electronically. Accurate account information within your EcoUser account is required. Your (valid) email and billing information are necessary for verification of identity.

EcoCards.org allows users to upload content for transmission of electronic cards and messages. However, EcoCards.org cannot guarantee the availability of media storage, or of the quality or resolution of any media saved on the EcoCards.org website.Do not rely on EcoCards.org or its platforms to store any personal material. User Materials may be purged from the system automatically every two weeks. Additionally, we may reduce the size or resolution of any media you submit on the EcoCards.org platform to make them compatible with our systems and processes.

Account Creation and Funding

Visitors to our site are welcome. To use our website to send electronic messages or cards, you must create an EcoUser account. If you choose to open EcoUser account you must provide truthful and accurate information in creating your account. Information entered into your account (Account Information) includes a name and email address. Name, billing address and payment information is required to fund an account. Some of the information we collect from you may be personally identifiable information. Please review our privacy policy, which is incorporated herein by reference. EcoCardsreserves the right to limit the number of EcoUser accounts a user can establish through EcoCards.org. Creation of an account by entry of Account Information allows you to view electronic cards, digital products, services (collectively, "Products and Services") available on the EcoCards.org website. You may cancel your account at any time. EcoCards.org may, within its discretion, cancel any accounts on its platforms at any time. In the event of account cancellation, EcoCards will refund unused fundsin the account within thirty (30) days. You are solely responsible for all activity on your account and you may not reveal your password to other users.

The purchase of Products and Services and the delivery thereof, will require you to pay a fee. This is done through funding your account with U.S. Dollars.The minimum funding amount is Ten U.S. Dollars ($10.00). EcoCards reserves the right to change the minimum funding amount or run promotional advertising allowing customers to fund accounts with fewer than Ten Dollars ($10.00) from time-to-time. When you purchase EcoCards.org with your credit card, they will be reflected in your EcoUser account for present or future use. Account balances will automatically expire afterfour hundred (400) days .

Charity Donations

Upon authorization from the user account to send an EcoCards.org to a verified email address or Social Distribution account, the cost of one card as advertised on the EcoCards.org websiteshall be deducted from the EcoUser account. ("Base Price") The base price of Products and Services may change from time to time in the sole discretion of EcoCards. For each EcoCards.org Product or Service sent from an EcoUser funded account, in addition to the base price of the Product and Service, an additional sum of One Dollar ($1.00) shall be deducted from the EcoUser account and forwarded to the charity selected at checkout. "Charitable Contribution." You must select a charitable organization advertised on our website and agree to a charitable contribution to use EcoCards.org.

Service Fee

In addition to other fees identified in the terms and conditions, EcoCards.orgcharges a processing fee of 15% for each Product or Service sent through an EcoCards.org account. ("Processing Fee"). You agree to pay the processing fee by purchasing a Product or Service, including a greeting card or instant message from one of our platforms.

Social Distribution

For each Product or Service, including an electronic card or instant messagesent from an EcoUser funded account, EcoCards grants EcoUsers limited, revocable permission, subject to the restrictions in this Agreement, to share EcoCards materials with others ("Social Distribution") by posting and displaying a copy of the Materials on a third-party website that permits users to post content, so long as the posting is allowed pursuant to the third-party website's terms and conditions and policies, and provided that the third-party website does not charge for access to those materials or associate those materials with products, services or advertising. EcoCards.org may, and reserves the right to, revoke EcoCards.org's permission for Social Distribution at any time and for any reason, and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection with the Social Distribution of Materials.

Refund and Cancellation Policy

Products and Services are not refundable. The delivery of any Products and Services to you does not transfer any commercial or promotional rights in the Products and Services. You may not resell, rent, lease or provide the Products or Services to any person and you shall not modify, publish, participate in the transfer or sale of, reproduce, or create new works from, any of the Products or Services in whole or in part. You are specifically prohibited from using any of the Products or Services to send commercial advertising or mass mailings of any kind.

EcoCards may also impose limits on certain features and services or restrict your access to parts or all of the Product and Services without notice or liability.

Products, Services and content provided by EcoCards on the EcoCards.orgwebsite are subject to change at any time. Products, Services and content may be added or removed from the EcoCards.org website without notice or liability. Such changes may include, among other things: the addition or removal of: content, affiliated charities, Products and/or Services. EcoCards.org may determine to change the levels of service available to EcoUsers and change access to certain content. EcoCards.org may increase or decrease pricing structures at any time. EcoUsers may send electronic card or message designed with User Materials and EcoCards.org one time to one email address based on the unit pricing structure in effect at the time of the order confirmation. Any subsequent transmission, even of the same content, will require additional fees. There is no refund for unused or expired units purchasedafter Four Hundred (400) days.

Third Party Interactions

During use of the EcoCards.org, you may enter into correspondence with or engage with subscribing charitable organizations (Charities) who pay to be advertised on our Website and solicit your donationsAny such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the charitable organization you choose. EcoCardsshall have no liability, obligation or responsibility for any correspondence, purchase or promotion between you and any third party charity, processor or other entity as a result of your use of EcoCardsfor charity donations. EcoCards provides links to specific charities to you only as a matter of convenience, and in no event shall EcoCardsbe responsible for any content, products, or other materials on or available from such sites or the operation of the charitable organization or use of charitable donations by the Charities. EcoCards.org verifies that every Charitable Organization that subscribes to its website has a valid EIN number. EcoCards.orgdelivers donations on behalf of its EcoUsers to subscribing Charities. EcoCards.org bears no obligation, express or implied for the use of donations by the charities or to investigation the financial, religious or ethical claims or of Charities affiliated with EcoCards.org or their subsequent use of the donations.

Acceptable Use:

All EcoCards.org Products and Services are solely for your personal use. Corporate or commercial accounts are available by contacting EcoCards customer service. You are solely responsible for all Materials posted or distributed by you or through your account with EcoCards, including any email messages, instant messages, social distributions of any kind and, and for your interactions with other users.

By making an EcoUser account you agree not to:

  • Violate any applicable law or regulation;
  • Submit or upload any materials that conflict with any of your representations and warranties set forth in these Terms and Conditions;
  • Infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity, and/or contractual rights;
  • Use any content or information available through the EcoCards.org for any unauthorized purpose;
  • Interfere with or damage the EcoCards.org platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing of electronic mail address information, or similar methods or technology;
  • Use any of the EcoCards.org Products and Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information, or account numbers, or any defamatory materials of any kind, except where you have obtained express permission from such other person or entity in connection with any of the foregoing;
  • Damage anyone's computer.
  • Use any of the EcoCards.org Products and Services in connection with the distribution of unsolicited commercial e-mail ("Spam") or advertisements;
  • Use the EcoCards.org Products and Servicesto "stalk" or harass, threaten or abuse any individual;
  • Sell or otherwise transfer any user information or other user’s User Materials); or
  • Advertise or promote a product or service except those provided on the EcoCards.org platform;
  • Publicly share or disseminate any other person's personal information (including, without limitation, address, phone number, email address, credit card number, or any other information that may be used to track, contact, or impersonate that individual); or
  • Assist any third party in doing any of the foregoing.

If EcoCards.org determines, in its sole discretion, that you are in violation of any of the foregoing, EcoCards.org will terminate your account and prohibit you from creating new accounts through the EcoCards.org platform. EcoCards.org reserves the right, in its sole discretion and without prior notice to you, to limit the amount of EcoCards.org content you may send and the number of recipients to whom you may send EcoCards.org Materials, Products or Services. EcoCards.org takes no responsibility for any damage or harm resulting from your interactions with other users of the EcoCards.org platform. EcoCards.org reserves the right, but shall have no obligation, express or implied, to monitor interactions between you and other users of the EcoCards.org.

Your EcoUser account may NOT ever include any photographs that contain nudity, violence, or offensive subject matter, as determined in EcoCards.org’s sole discretion. Information provided by other EcoCards.org users may contain inaccurate, inappropriate, and/or offensive material, and EcoCards.org assumes no responsibility or liability for this material.

Copyright Information

EcoCards.org Products, Services and Materials are subject to copyright. Additionally, materials of third party advertisers, charities, artists and entities displayed on the EcoCards.org website may be subject to copyright and used by EcoCards.org under license from the copyright holder.

Digital Millennium Copyright Act Notices

You may not use EcoCards.org platform for any purpose or in any manner that infringes the rights of any third party. If you have a good faith belief that content on the Platforms infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to EcoCards'Designated Agent as specified below.

Written notification must be submitted via our online form or to the Designated Agent:

c/o Legal Department(DMCA Notices)
EcoCards.org
PO Box 6949
Jackson, Wyoming 83002

To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), any copyright infringement notification must include all of the following:

  • An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed, and a description of the infringing activity including of where the material which you claim is infringing is located on the AG Platforms sufficient to allow us to locate the material;
  • Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published, your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you made and signed under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Unauthorized Advertisement

Use of any EcoCards trademarks as meta-tags for search engines, as keywords to trigger sponsored advertising, or in any other manner not expressly authorized by EcoCards.org, is strictly prohibited.

Mobile Features

When you register for an EcoUser account, you will be given the option to enable features available through your mobile phone, tablet or other mobile device. These features and services may include, without limitation, the ability to upload User Materials to the EcoCards.org, receive messages (e.g., SMS and MMS messages, in-App messages, and on-device notifications) from the EcoCards.org platform, download applications to your mobile phone or device, or access EcoCards.org features (collectively, the "Mobile Features"). If you sign up for Mobile Features, there will be an agreement between you and EcoCards.org regarding charges for Mobile Features that we may impose. Please be aware that standard messaging, data and other fees may be charged by your carrier. EcoCards.org does not control what fees may be charged by your carrier for these services so you should inquire with your carrier before selecting Mobile Features. Certain Mobile Features may be incompatible with your carrier, mobile device or your contract with your carrier. If you have registered for Mobile Features within your EcoUser Account, you agree that we may send communications to your mobile device regarding EcoCards.org or subscribed charities or other affiliates and collect information related to your use of the Mobile Features without liability for additional charges you may incur. You agree to notify us of any changes to your mobile number and update your account(s) to reflect any such changes. If you receive SMS or MMS messages from EcoCards.org, you may opt-out of such messages at any time.

EcoCards.org is not responsible for failures in the performance of Mobile Features, including but not limited to, the delivery of electronic messages or cards using the Mobile Features. Delivery of electronic messages or cards may fail because of incompatible equipment; network interruption; carrier limitations; hardware limitations; and other unanticipated failures.

EcoCards.org does not provide refunds for electronic messages or cards that are not delivered due to technical issues for which EcoCards.orgis not responsible or for user error.EcoCards.orgwill always donate to the charity of the EcoUser's chose for electronic messages or cards that are paid with EcoUser accounts even if delivery to the intended recipient fails.

If you sign up to receive promotional or marketing text messages (including SMS and MMS messages) from us, you acknowledge and agree you are not required to receive our text messages, and that you are not required to agree to receive text messages as a condition of purchasing any property, goods, or services.

User Accounts

Materials uploaded to EcoUser accounts for use in sending electronic messages or cards through the EcoCards.org platform are not intended to be stored on the EcoCards.org platform. EcoCardswill not store photos, videos or other media for longer than six (6) weeks (and in our sole discretion and without liability, we may remove photos before six weeks).

Product Disclaimers; Disclaimers of Warranty

COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THIS SITE. COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE OR COMPANY’S PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILLBE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY ECOCARDS.

Limitation of Liability

IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN ANY INFORMATION CONTAINED HEREIN, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

Notice

EcoCards.org or its affiliates or charities may give notice to you by means of a general notice on the www.EcoCard.com website, electronic mail to your e-mail address on record in your EcoUser account, or by written communication sent by first class mail or pre-paid post to your address on record in Company’s account information. Such notice shall be deemed to have been given upon the expiration of Thirty-Six (36) hours after mailing or posting (if sent by first class mail or pre-paid post) or Twenty Four (24) hours after sending (if sent by e-mail).

You may give notice to EcoCards.org (such notice shall be deemed given when received by EcoCards.org) at any time by any of the following: letter sent by confirmed facsimile to Company at the following fax number:307-733-3715 letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Company at the following address: PO BOX 6949, JACKSON, WYOMING 83002 in either case, addressed to the attention of Notice: EcoCards.

Modification to Terms

EcoCardsreserves the right to modify the Terms And Conditions, its policies relating to its Products and Services, Platforms, Materials, EcoUser Accounts or other at any time, effective upon posting of an updated version of this Agreement on the www.EcoCard.com Website. Visitors Charities, and EcoUsers are responsible for regularly reviewing this Agreement. EcoCardsmay ask you to review and acknowledge or consent to the changes at the time of your next account login or at the time of your next usage of the EcoCards.org platform. Continued use of the Service after any such changes shall constitute your consent to such changes.

Jurisdiction and Venue

You and EcoCards.org agree that the laws of the State of Wyoming, without regard to principles of conflict of laws, will govern your use and purchase of Products and Services, these Terms of Service, and any dispute of any sort that might arise between you and EcoCardsor any of our affiliates or charitable organizations. Without limiting the generality of the preceding sentence, the Wyoming Arbitration Act for State Claims and the United States Federal Arbitration Act and federal arbitration law in federal claims shall apply to these Terms of Service.

With respect to any disputes or claims not subject to arbitration (as set forth below), you and EcoCards.org each agree that the only courts in which claims may be brought are the state and federal courts located in Teton County Wyoming for State Claims or Federal Courts in Wyoming, and BOTH YOU AND ECOCARDS.ORG IRREVOCABLY consent to, and waive all defenses of, lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts located in Wyoming.

MANDATORY ARBITRATION AND WAIVER OF JURY TRIAL:

YOU AND ECOCARDS.ORG AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SERVICE OR THE SALE OF ANY PRODUCT OR SERVICE BY ECOCARDS.ORG SHALL BE FINAL AND BINDING ARBITRATION, except that: (i) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark, or trade secret rights, such other party may seek injunctive or other appropriate relief.

In the event of a dispute, you or EcoCards.org must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the specific facts giving rise to the dispute, and the relief requested. You must send any notice of dispute in writing to us at PO Box 6949, Jackson, WY 83002. We will send any notice of dispute to you at the contact information we have for you.

If the parties are unable to resolve their dispute through informal negotiation within sixty (60) days from the date a party’s notice of dispute is sent to the other party, either party may commence arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. BY USING THE ECOCARDS.ORG WEBSITE, YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.

Arbitration pursuant to this Agreement will follow the American Arbitration Association (the "AAA") Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Consumer Arbitration Rules in effect at the time of the first date of the occurrence of the actions giving rise to the dispute. The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF ANY ECOCARDS.ORG PRODUCTS OR SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

Questions or Additional Information:

If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to info@EcoCards.org.

Indemnity:

You agree to defend, indemnify, reimburse, and hold EcoCards.org and its subsidiaries and affiliated entities, affiliated charities, its Licensors/Suppliers, and its and their respective members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees, and assigns harmless from and against any and all liability, loss, damages, judgments, costs, and expenses (including reasonable attorney’s fees, costs and expenses, and court costs) arising out of or related to: (i) your use of the EcoCards.org Services; (ii) EcoCards.org use of your EcoUser account; (iii) any breach or alleged breach of your representations and warranties and/or any breach, alleged breach, or violation of the notices, terms, and conditions hereof; and (iv) your violation or alleged or threatened violation of any laws, rules or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity, or moral rights of any third party, arising from the submission and/or use of your User Materials as contemplated hereunder.

California Residents

California law requires that we provide you with a summary of your privacy rights under the California OnlinePrivacy Protection Act (“California Act”) and the California Business and Professions Code. As required by the California Act, this privacypolicy identifies the categories of personally identifiable information that we collect through our web site about individual consumers who use or visit our web site and the categories of third-party persons or entities with whom such personally identifiable information may be shared.

Depending on the visitor’s activity at our web site, certain “personally identifiable information” (as that term is defined in the California Act) may be collected, in addition to information set forth in other sections of this document. For purposes of the California Act, the term “personally identifiable information” means individually identifiable information about an individual consumer collected online by us from an individual and maintained by us in an accessible form, and may include any of the following:

  1. A first and last name;
  2. A home or other physical address, including street name and name of a city or town;
  3. An email address;
  4. A telephone number;
  5. A social security number;
  6. Any other identifier that permits the physical or online contacting of a specific individual;
  7. Information concerning a user that the web site collects online from the user, and maintains in personally identifiable form, in combination with an identifier described within this privacypolicy.

COOKIES

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Entire Agreement

These Terms and Conditions and the Privacy Policy set forth the entire understanding and agreement of you and EcoCards.org as to the subject matter hereof and supersedes all prior proposals, discussions, or agreements (oral and written) with respect to such subject matter. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. EcoCards’ failure to act with respect to a breach by you or others does not waive EcoCards’ right to act with respect to antecedent, subsequent, or similar breaches.

Pricing and Fees for EcoUsers

The minimum funding amount is Ten U.S. Dollars ($10.00). EcoCards reserves the right to change the minimum funding amount or run promotional advertising allowing customers to fund accounts with fewer than Ten Dollars ($10.00) from time-to-time. When you purchase EcoCards.org with your credit card, they will be reflected in your EcoUser account for present or future use. Account balances will automatically expire after four hundred (400) days.

The minimum donation per EcoCard sent is One U.S. Dollar ($1.00) plus EcoCard’s 15% processing fee. Each card sent will cost a minimum of $1.15, and the designated charity will receive the full One U.S. Dollar ($1.00) donation.