Terms of Use
By accessing this website, you agree to the following terms and conditions outlined below.
DISCLAIMER
This website (www.ecoutay.com) offers health, wellness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk. By using this Website, you agree to the Terms and Conditions of Use (“Terms & Conditions”). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at anytime. You should check these Terms & Conditions periodically for changes.
We have made every effort to ensure that all information on the Website has been tested for accuracy. We make no guarantees regarding the results that you will see from using the information provided on the Website.
From time to time, the Website will publish content with recipes. All such recipes have been tried and used successfully, but results may vary from person to person. Consult your medical professional before using any recipe if you have concerns about how you may individually react to the use of any particular recipe or ingredient. By voluntarily creating and using any recipe provided here, you assume the risk of any potential injury that may result.
By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use this Website.
IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE
TERMS & CONDITIONS
The following Terms & Conditions constitute an agreement between Ecoutay LLC and you that governs your use of this Website and all of its associated services, content, and functionality. This policy applies to the website located at https://www.ecoutay.com.
By using this Website, you agree to be legally bound and to abide by these Terms & Conditions. If you do not comply with these Terms & Conditions at anytime, we reserve the right, if applicable, to terminate your password, user account, and/or access to this Website (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website, including, but not limited to, restricting or terminating any user’s right to use the Website. You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice. If you do not abide by the provisions of these Terms & Conditions, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of our Website.
From time to time, we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions.
USE OF THE WEBSITE
Unless otherwise stated, we own the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:
• Republication, redistribution, sale, rental, or sub-licensing of content from the Website;
• Reproduction or duplication of any content on the Website for commercial purposes;
• Modification of any content on the Website;
You are permitted to share content on social media channels, as long as a you provide a link to the Website on the channel where the content is being shared.
PROHIBITED USE OF THE WEBSITE
You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website without our express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments.
You must not use the Website for any third-party marketing without our express written permission.
CONTENT CONTRIBUTED TO THE WEBSITE
In limited circumstances, you may contribute content to the Website, including, but not limited to, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you, us, or a third party.
We reserve the right to edit or remove:
(i) any material submitted to the Website; (ii) stored on our servers; or, (iii) hosted or published on the Website. We take no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding our rights under the Terms of Use, we does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
COMMENT POLICY
The Website offers the option for you to leave comments, engaging with the Website’s posts. The following types of comments will not be tolerated and will be deleted:
• harassment directed toward any content creator or us;
• spam;
• hate speech;
• defamatory statements regarding us or any third party;
• references to illegal acts; or,
• comments that may violate the legal rights of a third party.
Our sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.
Effective Date: April 14, 2023
AGE REQUIREMENT
You must be at least 18 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age.
COPYRIGHT
Unless otherwise noted, the design, content, and all components of the Website are copyrights owned by us or third parties, and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
TRADEMARKS
The trademarks and logos appearing on the Website are, unless otherwise noted, trademarks owned by or licensed to us. Your use of these trademarks is prohibited.
AFFILIATE MARKETING
From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
FTC DISCLOSURE
From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with us to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, all such advertisements on the Website are clearly and conspicuously disclosed.
Even though compensation (e.g., cash, free product, or services) is received in exchange for this sponsored content placement, we will give our honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
THIRD PARTIES
This Website may contain links to websites owned or controlled by third parties. These links and the contents on these other websites are provided solely as a convenience to you and are not an endorsement by us. We may participate in affiliate marketing programs, which means we may earn a commission if you click on a link to a product or service and make a purchase. We are not responsible for the content of any linked websites and make no representations regarding the content or accuracy of materials on such websites. If you decide to visit any third-party websites using links from this Website, you do so at your own risk.
LIMITATION OF LIABILITY
WE DO NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THIS SITE OR THE SITE MATERIAL RESULT IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR MOBILE MESSAGING, DATA, OR OTHER FEES,WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES. THIS WEBSITE AND ITS MATERIAL ARE PROVIDED ON AN “AS IS” AND “AT YOUR OWN RISK” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH WE STRIVE TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON THE SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. WE DO NOT MAKE ANY WARRANTIES AS TO THE RESULT OR OUTCOME OF USING THE SITE OR PROPERLY FOLLOWING ANY INSTRUCTIONS, RECOMMENDATIONS OR DIRECTIONS CONTAINED IN THE WEBSITE MATERIAL. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
IDEMNIFICATION
You agree to defend, indemnify, and hold the Website, its owners, members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which we suffer as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Disclaimer (including representation or warranty); or, (iii) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
ARBITRATION
The Terms of Use will be governed and construed in accordance with the laws of the State of Florida. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Miami-Dade County, FL. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
CONTACT INFORMATION
At any time, please contact us at support@ecoutay.com for questions.