1.     ACCEPTANCE OF TERMS

EPP+ ("EPP+") welcomes you. EPP+ provides the EPP+ Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing and using the EPP+ Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular EPP+ owned or operated services, you and EPP+ shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

2.     DESCRIPTION OF EPP+ SERVICES

EPP+ provides users with access to an easy understand LCA scoring evaluation of the off-the-shelf products, products recommendation, products ranking and products pricing. You also understand and agree that the EPP+ Services may include advertisements and that these advertisements are necessary for EPP+ to provide the EPP+ Services. You also understand and agree that the EPP+ Services may include certain communications from EPP+, such as service announcements, administrative messages and the EPP+ Newsletter, and that these communications are considered part of EPP+ usage and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current EPP+ Services, including the release of new EPP+ properties, shall be subject to the TOS. You understand and agree that the EPP+ Services is provided "AS-IS" and that EPP+ assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the EPP+ Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the EPP+ Services.

You understand that the technical processing and transmission of the EPP+ Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

  

3.     YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the EPP+ Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the EPP+ Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the EPP+ Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or EPP+ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EPP+ has the right to suspend or terminate your account and refuse any and all current or future use of the EPP+ Services (or any portion thereof).

4.     EPP+ PRIVACY POLICY

Registration Data and certain other information about you are subject to our applicable privacy policy. You understand that through your use of the EPP+ Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by EPP+ and its affiliates.

5.     MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the EPP+ Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EPP+ of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. EPP+ cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6.     CONTRIBUTIONS TO EPP+

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to EPP+ through its suggestion or feedback webpages which locate on contact us link, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) EPP+ is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) EPP+ shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) EPP+ may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of EPP+ without any obligation of EPP+ to you; and (f) you are not entitled to any compensation or reimbursement of any kind from EPP+ under any circumstances.

7.     INDEMNITY

You agree to indemnify and hold EPP+ and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the EPP+ Services, your use of the EPP+ Services, your connection to the EPP+ Services, your violation of the TOS, or your violation of any rights of another.

8.     NO COMMERCIAL REUSE OF EPP+ SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the EPP+ Services (including Content, Software and your EPP+ ID).

9.     MODIFICATIONS TO EPP+ SERVICES

EPP+ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the EPP+ Services (or any part thereof) with or without notice. You agree that EPP+ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the EPP+ Services (or any part thereof).

10.  TERMINATION

You may terminate your EPP+ account, any associated email address and access to the EPP+ Services by submitting such termination request to EPP+ via contact us link.

You agree that EPP+ may, without prior notice, immediately terminate, limit your access to or suspend your EPP+ account, any associated email address, and access to the EPP+ Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the EPP+ Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the EPP+ Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in EPP+'s sole discretion and that EPP+ shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the EPP+ Services.

Termination of your EPP+ account includes any or all of the following: (a) removal of access to all or part of the offerings within the EPP+ Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the EPP+ Services.

11.  LINKS

The EPP+ Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that EPP+ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that EPP+ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

12.  EPP+'S PROPRIETARY RIGHTS

You acknowledge and agree that the EPP+ Services and any necessary software used in connection with the EPP+ Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the EPP+ Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by EPP+ or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the EPP+ Services, such Content or the Software, in whole or in part.

EPP+ grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the EPP+ Services. You agree not to access the EPP+ Services by any means other than through the interface that is provided by EPP+ for use in accessing the EPP+ Services.

13.  DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a.     YOUR USE OF THE EPP+ SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE EPP+ SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EPP+ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b.    EPP+ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE EPP+ SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE EPP+ SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EPP+ SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE EPP+ SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c.     ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EPP+ SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d.    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EPP+ OR THROUGH OR FROM THE EPP+ SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

e.     A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE EPP+ SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE EPP+ SERVICE. IMMEDIATELY DISCONTINUE USE OF THE EPP+ SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE EPP+ SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

  

14.  LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EPP+ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EPP+ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE EPP+ SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE EPP+ SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE EPP+ SERVICE.

15.  EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES..

16.  NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

17.  NOTICE

EPP+ may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the EPP+ Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the EPP+ Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the EPP+ Services in an authorized manner.

18.  TRADEMARK INFORMATION

You agree that all of EPP+’s trademarks, trade names, service marks and other EPP+ logos and brand features, and product and service names are trademarks and the property of EPP+ Inc. (the "EPP+ Marks"). Without EPP+'s prior permission, you agree not to display or use in any manner the EPP+ Marks.

19.  NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

EPP+ respects the intellectual property of others, and we ask our users to do the same. EPP+ may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide EPP+'s Copyright Agent the following information:

a.     an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b.    a description of the copyrighted work or other intellectual property that you claim has been infringed;

c.     a description of where the material that you claim is infringing is located on the site;

d.    your address, telephone number, and email address;

e.     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;

f.     a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

EPP+'s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
EPP+ Project
c/o Copyright Agent
2200 Prospect Ave., Apt. 721
Cleveland, OH 44115
By phone: (216) 235-3584
By fax: (216) 771-6462
By email: admin@eppplusproject.com

20.  GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and EPP+ and governs your use of the EPP+ Services, superseding any prior version of this TOS between you and EPP+ with respect to the EPP+ Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other EPP+ services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. You and EPP+ each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and EPP+, shall be brought exclusively in the courts located in the county of Cleveland, Ohio or the U.S. District Court for the Northern District of California. You and EPP+ agree to submit to the personal jurisdiction of the courts located within the county of Cleveland, Ohio or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms. The failure of EPP+ to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your EPP+ account is non-transferable and any rights to your EPP+ ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You 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 EPP+ Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

21.  VIOLATIONS

Please report any violations of the TOS directly to the EPP+ website.

Last updated September 18, 2009