Ecoxotic, Inc. | Terms and Conditions
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Ecoxotic Website Terms and Conditions

Please read the following Terms and Conditions before using the Ecoxotic Website, www.ecoxotic.com. By accessing and using the site, you acknowledge that you have read, understood, and agree to comply with these Terms and Conditions.

Ecoxotic may amend these Terms and Conditions at any time. Your continued use of this Website is conditioned on the Terms and Conditions stated at the time of your use. You should visit this page prior to using this Website to determine current Terms and Conditions to which you are bound.

Content Disclaimer
The information contained on this Website, and any links to other websites, are provided as a courtesy to Ecoxotic Website visitors only, and are in no manner an endorsement, recommendation or approval of any person, product or service contained on any other website.  Ecoxotic recognizes the importance of protecting the information collected from customers using this Website.  It is Ecoxotic’s policy to use such information for internal business uses only, and Ecoxotic maintains appropriate security measures to keep such information private.

Use Restriction
Ecoxotic gives you permission to electronically copy and print in hard copy portions of the Website for your personal use. However, Ecoxotic retains the copyright on all texts and graphics. This means that any other use, including, but not limited to, modification, distribution, or republication without Ecoxotic’s prior written permission is prohibited. Ecoxotic and its agents may monitor and audit your use of this Website. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the contents of this Website is prohibited.

Corporate Identification and Trademarks
The marks on the Website are trademarks of Ecoxotic. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these marks in any way without Ecoxotic’s written permission. The use of Ecoxotic’s trademarks on any other website is prohibited.

Links
Ecoxotic prohibits the use of Ecoxotic’s trademarks as a “link” on or to any other website unless Ecoxotic has approved the link in advance. If you would like to link to us contact Ecoxotic Marketing Team.  This Website has links to websites that are not controlled by Ecoxotic.  Ecoxotic is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites.

Site Content
Unless expressly provided otherwise, Ecoxotic provides this site content “AS IS” and without warranties of any kind, either expressed or implied, INCLUDING WITHOUT limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, to the fullest extent allowable by law.  ecoxotic is not responsible for any special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the website and/or the information contained on the website, whether that information is provided by ecoxotic or by a third party. Ecoxotic does not warrant uninterrupted or error-free functions contained in this site or its content or that the Website or its server are free of viruses or other harmful components. Note: Some jurisdictions may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

Inappropriate Contacts
Ecoxotic reserves the right to restrict access to this Website and to block calls on its 800 numbers and main phone number from any person submitting information that is lewd, indecent, prurient, pornographic or otherwise inappropriate, including any libelous, slanderous, defamatory or other language that is likely to offend reasonable community standards, or any information of a personal or private nature not relating to the person submitting or disclosing the information or which a person is not authorized to submit or disclose.  Ecoxotic also reserves the right to restrict access to this website and block calls on its 800 numbers from persons making harassing, repetitive or any other inappropriate contact.

Limitation of Liability
Ecoxotic makes reasonable efforts to place accurate information on the Website. However, Ecoxotic assumes no liability for any errors or omissions in the Website content. Unless disallowed by state law, under no circumstances shall Ecoxotic be liable for direct, incidental, consequential, special, or punitive damages resulting from the use or inability to use this site, whether Ecoxotic had been advised of the possibility of these damages. This includes damages for negligence or gross negligence.

Submission of Ideas
Ecoxotic does not accept through this website or other means ideas that are not patented or subject to a published patent application.  Any ideas not so protected shall be returned with a request to sign a waiver agreement.

Governing Law
Any claim relating to this Website and the materials contained in this Website is governed by the State of California, without reference to conflicts of law rules. Any action brought relating to this Website shall be brought exclusively in the state or federal courts located in San Diego, California.

Copyright
All designs, graphics, texts, arrangements, and software that make up this Website are Copyright Ecoxotic, Incorporated 2009. All rights reserved.

Ecoxotic One-Year Limited Warranty

This limited warranty applies only to products that are manufactured by or for Ecoxotic and can be identified by trade name or logo affixed to it, and sold by an authorized Ecoxotic retailer in the United States to you, the original purchaser of such products (“Products“). Ecoxotic hereby warrants that Products will be free from defects in materials and workmanship for a period of one (1) year from the date of original retail purchase (the “Warranty Period“). This warranty does not apply to any product that is not an Ecoxotic Product.

This warranty does not apply to Products (i) that have been damaged by accident, abuse, misuse or misapplication, improper installation, saltwater corrosion, electrical surges, (ii) that have been modified without the written permission of Ecoxotic or, (iii) for which any Ecoxotic logos have been removed or defaced.

US and Canadian residents can contact Ecoxotic directly if you discover a defect in any Product. In the event that such Product is defective, as determined by Ecoxotic in its sole discretion, Ecoxotic’s sole obligation, and your exclusive remedy, shall be for Ecoxotic, at its option, to repair or replace such Product at no charge to you, provided that you (i) return such Product to Ecoxotic during the Warranty Period, and (ii) provide proof of purchase and registration of such Product. If the returned Product is not defective or is returned after the Warranty Period, Ecoxotic shall have no obligation to repair or replace the Product.  Residents outside the US and Canada should contact the place of purchase for warranty issues.

EXCEPT AS EXPRESSLY PROVIDED ABOVE OR AS REQUIRED BY LAW, ECOXOTIC PRODUCTS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN. ALL WARRANTIES IMPLIED BY STATE LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY LIMITED TO THE LESSER OF THE DURATION UNDER STATE LAW OR THE DURATION OF THE LIMITED WARRANTY SET FORTH ABOVE. IN NO EVENT SHALL ECOXOTIC BE RESPONSIBLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, DOWNTIME, GOODWILL, DAMAGE TO OR REPLACEMENT OF OTHER EQUIPMENT OR PROPERTY, COSTS OF RECOVERING OR REPLACING ANY ANIMALS, FISH, PLANTS, TANKS OR OTHER AQUARIUM RELATED ITEMS AND/OR EQUIPMENT, OR PERSONAL INJURY. Some states do not allow the exclusion or limitation of incidental or consequential damages or limitations on the duration of implied warranties, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary form state to state.

This warranty is not transferable. No person is authorized to change, modify or extend the terms of this warranty in any manner. This warranty is governed by the laws of the State of California, excluding conflicts of laws principles. Ecoxotic reserves the right to make changes, additions and improvements to its products from time to time, and has no obligation to replace the exact same model of Product.