Conditions Générales

These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service.

Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit. By using or visiting the Ekotrap website [the "Website"] or application [the “App”] or any Ekotrap products, software, data feeds, and services [collectively the "Service"] you signify your agreement to (1) these terms and conditions [the "Terms of Service"], (2) Ekotrap’s Privacy Policy, found at /privacidad and incorporated herein by reference. If you do not agree to any of these terms or the Ekotrap Privacy Policy please do not use the Service. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at /terminos. Ekotrap may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits. This Agreement, together with any other terms and conditions referenced herein (including without limitation the Privacy Policy and Additional Terms), constitutes the entire agreement between you and Ekotrap and governs your use of the Service, superseding any prior agreements between you and Ekotrap with respect to the Websites and/or the Services. PLEASE READ VERY CAREFULLY ALL OF THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE SERVICE. BY ACCESSING AND/OR USING THE SERVICE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE FOLLOWING TERMS OF USE AND PRIVACY POLICY

• Parties. The following Terms of Use and Privacy Policy, as well as any other guidelines, rules or operating policies that Ekotrap may establish and post from time to time, are hereby incorporated by reference. All of the foregoing, which are collectively referred to as the “Agreement,” set forth the terms and conditions of a legally binding contract between each visitor to and/or user of the Service (together with any business, entity or organization each such visitor and/or user may be representing) (referred to as “you” or “your”) and Ekotrap (“Ekotrap,” “we,” “our” and “us”).
   
• Acceptance of Terms and Agreement to Be Bound. The Service is offered to you on the condition that you accept and agree to be bound by this Agreement in its entirety without modification of any kind. By accessing and/or using the Service, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Service) or you are a "Registered User" (which means that you have registered to use the Service). If you do not accept the terms of this Agreement, you are not permitted to use the Websites and/or subscribe to the Services, and you are obliged to exit all of the Websites and discontinue any and all use of the Websites and the Services immediately.
   
• Modifications. We may modify this Agreement from time to time, and, to the greatest extent permitted by law, such modifications shall be effective upon posting at the Service. By accessing and/or using any of our Service after any such modification is posted, you are agreeing to be bound by such modifications. You also acknowledge and agree that it is your responsibility to monitor the Service for the posting of modifications and to review such modifications on a regular basis. If you do not agree to be bound by any future modifications of this Agreement, your exclusive remedy is to close your account and discontinue your use of the Service. Except as otherwise expressly provided herein, any new features, tools, products and/or services that change, augment, enhance or upgrade the current Service will be subject to this Agreement.
   
• General Registration Requirements. Visitors are currently permitted to view only limited portions of the Service prior to deciding whether to become a Registered User. Full access to the Service is available only to Registered Users. If you wish to become a Registered User you must complete the registration procedures displayed on the registration page(s) of the Service.
   
• Age Requirements for Access and Use of the Service. By accessing and using the Websites, you acknowledge and agree that you are representing to us that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from purchasing or receiving products and services, under the laws of the applicable jurisdiction. Registration, subscription, access to and use of the Service are not available to users under the age of 18 and are void where prohibited by applicable law.
   
• Children. Due to the nature of the Internet, we cannot prohibit minors from visiting our Websites. However, our Websites are not directed toward minors under the age of 18 and we do not knowingly collect information from minors under the age of 18 through the Websites. If you believe that a minor has provided information to us through the Websites, please contact us by email at support@ekotrap.com, Attn.: Customer Service. We will use our best efforts to remove all of the information provided by the child from our system. (See our Privacy Policy for additional information about children’s online privacy protection.)
   
• Security Components. You acknowledge and agree that the Service, and the software embodied within the Service, may include security components that permit digital materials to be accessed, used, and protected, and that use of these security components is subject to usage rules set by Ekotrap and/or content providers who provide content to Ekotrap. You may not attempt to override or circumvent any such security components and usage rules embedded in the Service.
   
• Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service.
   

• Requirements for Becoming a Registered User. By completing the registration procedures displayed on the registration page(s) of the Service, you acknowledge and agree that (a) you are representing to us that you are providing true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Data"), and (b) you are obliged to maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future access to and/or use of the Service (or any portion thereof).
   
• Member Account, Password and Security. As a Registered User, you are required to choose a password, provide your date of birth, and provide your email address, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality and security of the password and all other account information, and you are fully responsible and liable for all access to and use of the Service that occurs under your password or account. You agree to (a) immediately notify us by e-mail to support@ekotrap.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. Ekotrap will not be liable for any loss or damage arising from your failure to comply with this section.
   

Ekotrap hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

• You agree not to alter or modify any part of the Service.
   
• You agree not to access Ekotrap’s Content through any technology or means other than Ekotrap’s Website or App or other explicitly authorized means Ekotrap may designate.
   
• You agree not to use the Service for any of the following commercial uses unless you obtain Ekotrap’s prior written approval:
  • the sale of access to the Service
  • the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
  • the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Ekotrap appears on the same page and is of sufficient value to be the basis for such sales.
   
• You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to Ekotrap’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Ekotrap grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Ekotrap reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
   
• In your use of the Service, you will comply with all applicable laws.
   
• Ekotrap reserves the right to discontinue any aspect of the Service at any time.
   
• You will use Ekotrap’s Service, Content, and features for legal, honest, and correct actions that do not put in jeopardy or threaten users, visitors or third parties not part of the Service and Content. The following actions are not allowed, including but not limited to: racketeering, delinquency, terrorism, social or personal aggression, hacking, or threatening or harming others.
   

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content. You acknowledge and agree that the Service is offered without warranties of any kind whatsoever by Ekotrap and/or the providers of Site Content. The disclaimer of warranties includes, but is not limited to, the following.

• Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Ekotrap and its parent, subsidiaries, affiliates, successors and assigns, and their respective shareholders, officers, directors, employees, agents, partners, licensors, vendors and contractors [collectively, the “Ekotrap-Related Parties”] expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the service, the websites, and any third party websites with which they are linked.
   
• The Ekotrap-Related Parties are not responsible or liable for any loss, damage, injury or health problems that may result from your use of the Site Content and/or other aspects of the Websites and/or the Services, including but not limited to training programs, recipes, products, services, events and/or information that you may learn about on the Service, and/or any action or inaction on your part as a result of information you have obtained from the Service.
   
• The Ekotrap-Related Parties make no warranty that the Service, the Site Content, and/or the information, products and services available through the Service will meet your expectations or requirements, or that you will achieve any particular results from the use of any of the foregoing, or that the Service will be uninterrupted, timely, secure, error-free, or free of any harmful components (including viruses, malware, spyware, or comparable components).
   
• You expressly assume the risk, by way of example, of deletion, non-delivery or failure to store postings of User Content, communications, personalized settings, or data, and you acknowledge that the Ekotrap-Related Parties make no warranties regarding the foregoing.
   
• The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Ekotrap, subject to copyright and other intellectual property rights under the law.
   
• Content is posted to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by Ekotrap on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Ekotrap or the respective licensors of the Content. Ekotrap and its licensors reserve all rights not expressly granted in and to the Service and the Content.
   
• Any material downloaded or otherwise obtained through the use of our Websites or the Services is accessed at your own discretion and risk, and you will be solely responsible for any loss or damage to your computer system or loss of data that results from the download of any such material.
   
• Ekotrap does not guarantee any confidentiality with respect to messages or files exchanged with your contacts through the Service.
   
• You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
   
• You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Ekotrap is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Ekotrap with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Ekotrap, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
   
• You are forbidden to send messages for purposes including, but not limited to, racketeering, delinquency, terrorism, social or personal aggression, hacking, or threatening or harming others.
   
• You are forbidden to send attached files with your messages for purposes including, but not limited to, spreading viruses, installing software, malware, or any application destined to harm, spy, hack, or deliver advertising.
   
• You are forbidden to send messages and attached files containing, but not limited to, offensive content with the sole objective to damage, attack, or harm.
   

• As a Ekotrap account holder you may submit Content to the Service, including videos and user comments. You understand that Ekotrap does not guarantee any confidentiality with respect to any Content you submit.
   
• You, and not Ekotrap, shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. Ekotrap does not control the User Content posted via the Service and, as such, we cannot and do not guarantee the accuracy, integrity or quality of such User Content. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Ekotrap all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
   
• You acknowledge and agree that, by using the Service, you may be exposed to User Content that you deem offensive, indecent or objectionable. Under no circumstances will Ekotrap be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Websites and/or the Services.
   
• For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Ekotrap, you hereby grant Ekotrap a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Ekotrap’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you as Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your Content from the Service. You understand and agree, however, that Ekotrap may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
   
• You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Ekotrap all of the license rights granted herein.
   
• When you send messages and files you are allowing the intended recipient(s) to access and use that information, and to associate it with your alias and avatar image.
   
• You are solely responsible for your interactions with other Registered Users. Ekotrap reserves the right, but has no obligation, to monitor disputes between you and other Registered Users.
   
• We always appreciate your feedback or other suggestions about Ekotrap, but you understand that we may use them without any obligation to compensate you for them [just as you have no obligation to offer them].
   
• The Websites and the Services may include features that permit you to post User Content, which includes and applies to (but is not limited to) content of your own, comments on the User Content posted by other Registered Users, and communications with other Registered Users. Such User Content includes but is not limited to information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials. Ekotrap does not allow objectionable content or abusive users and you acknowledge and agree that you shall not use the Websites and/or the Service to post or otherwise transmit User Content that:
  • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter;
  • solicits personal information from anyone under the age of eighteen (18);
  • provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  • contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
  • contains a virus or other harmful component.
   
• Ekotrap does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Ekotrap expressly disclaims any and all liability in connection with Content. Ekotrap does not permit copyright-infringing activities or infringement of intellectual property rights on the Service, and Ekotrap will remove all Content if properly notified that such Content infringes another’s intellectual property rights. Ekotrap reserves the right to remove Content without prior notice.
   
• You acknowledge and agree that Ekotrap may or may not pre-screen User Content posted on our Service, but that Ekotrap shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, and/or remove any User Content or portion thereof that is available via the Service, in its sole and absolute discretion, for any reason, including but not limited to its determination that any such User Content is not appropriate for the Service. Without limiting the foregoing, Ekotrap shall have the right to remove from the Service any User Content that violates this Agreement or is otherwise objectionable in the sole discretion of Ekotrap, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Service by any person, please contact Ekotrap by email at support@ekotrap.com so we can analyze the report and take appropriate action.
   

This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on any of the Websites or until terminated by Ekotrap or by you.

• Ekotrap will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
   
• Ekotrap reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Ekotrap may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
   
• You may terminate your status as a Registered User and cancel your account at any time and for any reason, but any such termination and cancellation will be effective only after Ekotrap has processed the request. You also acknowledge and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Ekotrap.
   
• Ekotrap reserves the right to suspend or terminate your status as a Registered User, cancel your account, and disable your access to the Service at any time, with or without notice to you, with or without cause, and without liability to you. Ekotrap shall have no liability to you or any third party because of such suspension or termination or related action for any reason.
   
• Upon suspension or termination, Ekotrap shall have no obligation to save any User Content that you may have posted or otherwise provided, and we reserve the right to permanently delete and destroy any of your personal information and/or User Content.
   

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
    
5. 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
    
6. 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 right that is allegedly infringed. You may direct copyright infringement notifications to support@ekotrap.com, Attn. Customer Service. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Ekotrap customer service through support@ekotrap.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
    
7. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
   • Your physical or electronic signature;
   • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
   • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
   • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the competent courts in your Service agreement, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
    

If a counter-notice is received by the Copyright Agent, Ekotrap may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Ekotrap’s sole discretion. You hereby waive, release and discharge the Ekotrap-Related Parties from and against any claims that you may be entitled to make by reason of any use of your User Content authorized under this Agreement and/or by reason of your participation in any of the communications and social networking features of the Service, including but not limited to, and by way of example only, any claims based on copyright infringement, trademark infringement, rights of privacy or publicity, defamation and otherwise. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Ekotrap, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. Ekotrap MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. Ekotrap DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Ekotrap WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL Ekotrap, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Ekotrap IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Ekotrap SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. Ekotrap makes no representations that the Service is appropriate or available for use in all locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. To the fullest extent permitted by applicable laws, the Ekotrap-Related Parties will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Service, and/or any website with which they are linked, and/or any content, information, products or services accessible through the Service, even if any of the Ekotrap-Related Parties have been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of the Ekotrap-Related Parties to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Ekotrap for the Services. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you. In any such case, and/or if any terms or conditions of this Agreement are held to be invalid for any reason whatsoever, this Agreement shall remain in full force and effect on its remaining terms and conditions unless and until terminated by Ekotrap. Furthermore, if any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in the invalidated provision.

• Statute of Limitations. You acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Websites, the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
   
• International Use. Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules and regulations regarding the access to and use of the Service. By way of example only, you acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside, and that restrictions on access to and/or use of some Site Content may apply to users based on their place of domicile, residence and/or use.
   
• Notification of Claimed Infringement on Behalf of Ekotrap
  Email of Designated Agent: support@ekotrap.com
   

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the Service is not intended for children under 18. If you are under 18 years of age, then please do not use the Service. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ekotrap without restriction. These Terms of Service shall be governed by the applicable substantive laws of the jurisdiction in which Ekotrap is established, without respect to its conflict of laws principles. Any claim or dispute between you and Ekotrap that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction. These Terms of Service, together with the Privacy Notice and any other legal notices published by Ekotrap on the Service, shall constitute the entire agreement between you and Ekotrap concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Ekotrap’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Ekotrap reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Ekotrap AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

• Relationship of the Parties. You and Ekotrap acknowledge and agree that you are independently contracting parties dealing at arm’s length with each other in connection with the licensing of intellectual property rights and the provision of services. No partnership, joint venture, joint authorship, employment, fiduciary, agency or other relationship is created between them.
   
• Binding on Successors. This Agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, licensees, successors and/or assigns of the parties, as applicable. For avoidance of doubt, you acknowledge and agree that Ekotrap is fully authorized to assign, sublicense and/or otherwise convey and transfer this Agreement and/or any of its rights under this Agreement at any time, in its sole and absolute discretion, and without compensation of any kind to you.
   
• Notices and Questions. If you have any questions regarding this Agreement, please contact us by email at support@ekotrap.com. Except as otherwise specified elsewhere in this Agreement, notices to Ekotrap may be given at the foregoing email address, and notices to you may be given at the address provided to us at the time of registration and/or the purchase of goods and services from Ekotrap.