EcolabelIndex

Legal

Effective Date: March 2, 2011

Terms of Use

This website, www.ecolabelindex.com (the “Website”), contains certain public information that Big Room Inc. (“Big Room”, “we” or “us”) has determined to make available on the Website (collectively the "Public Content") as well as information and materials owned by Big Room, its suppliers and other third parties under license to Big Room, including online help and compilations (meaning the selection, arrangement and assembly) of the Public Content (collectively the "Proprietary Content"). Access to and use of the Public Content and the Proprietary Content (collectively referred to as the "Content") on the Website, including any uploading of materials by you to the Website, ordering of services or subscriptions provided through the Website and viewing of the Content on or available through the Website, is subject to your acceptance of and compliance with these terms of use (“Terms of Use”). By using the Website you indicate your acceptance of these Terms of Use. If you do not accept these Terms of Use, then do not use the Website or any of its Content or services.

Modifications to this Agreement; Waiver

Big Room reserves the right to alter, add to, delete, modify or change these Terms of Use at any time. Your use of the Website after any amendments or updates of these Terms of Use shall signify your assent to and acceptance of such revised terms. The most current version of the policy will govern our use of your information. We will post any changes to the Terms of Use on the Website and update the revision at the beginning of this policy. You should periodically review the Terms of Use to see recent changes. Any changes to these Terms of Use or waiver of Big Room’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Big Room. No purported waiver or modification of these Terms of Use by Big Room via telephone or email communications shall be valid.

Restrictions on Use of the Website

You acknowledge and agree that you are authorized to view, download and print the Content and to use the Website and the Content and that you shall view, download, print and use the Website and the Content, for your own personal and non-commercial use only and otherwise only in accordance with these Terms of Use. Except as otherwise set out in these Terms of Use, you acknowledge and agree that: (a) you will not, directly or indirectly, sell, assign, distribute, provide access to, transmit, exploit, copy, modify, publish, republish, reproduce, repackage, retransmit, resell, recompile, decompile, disassemble or otherwise disseminate, the Website or the Content, or any derivative works from the Content, or any portion thereof, in any medium or in any manner whatsoever; and (b) you will not use the Website or the Content to construct a database of any kind, nor store the Website or the Content (in whole or in part) in databases for access by you or any third party, nor distribute any database services containing all or part of the Website or the Content, nor use the Website or the Content in any way to improve the quality of any data sold or contributed by you to any third party.

The authorized use of the Website and/or the Content may be modified or extended with the prior written permission of Big Room or separate access to the Content for certain business and commercial use may be made available upon entering into an end user license agreement with Big Room (the “End User License Agreement”). More information on the paid Ecolabel Index PRO subscription packages. If you subscribe for the Premium Services, you acknowledge that your use of such Premium Services are subject to these Terms of Use and any additional terms related to the provision of the Premium Services including under the End User License Agreement entered into by you in respect of such Premium Services. To inquire about obtaining Big Room’s written permission to a particular use of the Website or Content, send us an email at sales@ecolabelindex.com.

In addition to complying with these Terms of Use, you shall use the Website, links to other web sites from the Website (the "Linked Sites") for lawful purposes only and you shall use and/or disclose the Content in accordance with all applicable laws, including, without limitation, Canadian privacy laws. You may not: (i) attempt to gain unauthorized access to the Website, or computer systems or networks connected to the Website, through hacking, password or data mining, or any other means to circumvent security procedure; (ii) use the Website in any manner that could damage, disable, overburden, or impair the Website or any service we provide, or interfere with any other party's use and enjoyment of the Website; (iii) access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser; (iv) use any robot, spider or other automatic device, software program or manual process to monitor, copy or interfere with any web pages or the content contained thereon on the Website; (v) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website; or (vi) use the Website to execute denial of service attacks.

You agree that you will not perform automated searches against the Website where, in Big Room’s reasonable opinion, such searches unduly burden the Website (including, but not limited to automated "bots" or "link checkers") and you will not access, reload or refresh search pages, or make any other request to transactional servers or search engines relating to the Website, more than once during any thirty second interval.

Under no circumstances will you use the Website or the Content, or any derivative works from the Content, or any portion thereof, in any manner that may infringe any proprietary or intellectual property rights or interests that Big Room and/or any third party may have in the Website or the Content, or any derivative works from the Content, or any portion thereof. You represent and warrant to Big Room that you will not use the Website or Content or any material retrieved from the Content to create products or perform services which compete or interfere with the publications and services of Big Room or its licensors.

General Rules of User Conduct

In using the Website, Content, and any services offered by Big Room, you agree not to do any of the following:

  • conduct or promote any illegal activities;
  • interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
  • intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
  • attempt to reverse engineer or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website;
  • attempt to gain access to secured portions of the Website to which you do not possess access rights;
  • use the Website to generate unsolicited email advertisements or spam; or
  • impersonate another user.

Accuracy of Information

Big Room works hard to make sure all information provided on the Website is accurate, up-to-date and complete. However, the information and materials on the Website may contain errors or inaccuracies, including both typographical and substantive errors. Big Room reserves the right, in its sole discretion, without any obligation and without any notice requirement, to discontinue, change, improve or correct the information, materials and descriptions on the Website and to suspend or deny access to the Website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and Big Room has no responsibility to update or amend any such information.

Links to Third-Party Websites

The Website contains links to other Linked Sites that are not owned or controlled by us and we are not responsible for the content of any linked websites. The presence on the Website of a link to any other Linked Site does not imply that we endorse or accept any responsibility for the content or use of such website(s), and you hereby release us from all liability and/or damages that may arise from your use of such website(s). While we encourage links to the Website, we reserve the right to prohibit or refuse to accept any link to the Website at any time. You agree to remove any link you may have to the Website upon our request.

No Implied Endorsements or Advice

The Website references third parties, third party products and services and “ecolabels” but you shall not construe these references as an approval or endorsement by Big Room of that third party, third party product or service or ecolabel. Similarly, the information contained on the Website is for informational purposes only and you should not rely upon the information for any other purpose including to provide any advice on any legal, accounting, tax, investment, financial, purchasing, procurement, auditing or other advice to you.

User-Contributed Content

We encourage our users to contribute content to the Website as suggested on the Website. We do not, however, endorse or guarantee the accuracy, completeness, or usefulness any content posted on the Website by our users. It is your responsibility to evaluate the accuracy, completeness or usefulness of any content posted by other users. You agree not to upload, post or otherwise make available on the Website any material protected by copyright, trademark or other intellectual property or proprietary right without the express permission of the owner of the copyright, trademark or other intellectual property or proprietary right. You agree and acknowledge that you have the burden of determining whether any material is or is not protected by an intellectual property or proprietary right. By submitting material, you grant (or represent and warrant to Big Room that the owner of such material has expressly granted) to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any intellectual property or proprietary right that may exist in such material. You also permit any other user of the Website to access, view, store or reproduce the material for that user's personal use. You grant us the right to edit, copy, publish and distribute any material you make available to us. You will indemnify and save Big Room, its subsidiaries, affiliates, directors, officers, agents, advisors and employees, harmless for, from and against all claims, losses, costs and expenses resulting from the content and information you supply. You are not entitled to receive any compensation or re-imbursement of any kind from us or any of the users of the Website for materials submitted by you. You may not post or otherwise make available on the Website any content that is illegal, obscene, threatening, defamatory, or otherwise injurious to third parties. You may not impersonate any person or entity, or otherwise mislead as to the origin of your content. Further, you may not make use of our services to forge e-mail headers, or send bulk unsolicited e-mail messages. We have the right, but not the obligation, to monitor the content posted on the Website to determine compliance with our Terms of Use and/or to satisfy any law, regulation or government request. We have the right, in our sole discretion, to edit, refuse to post or remove any material submitted to or posted on the Website including, but not limited to, material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, graphic, or otherwise objectionable.

Non-Confidentiality, Security and Privacy

Any communications between you and Big Room, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying the Website or Content (“Feedback”) will be deemed by us to be non-confidential and non-proprietary, and you agree that (a) Big Room is therefore not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of any third party and you have all of the necessary rights to disclose the Feedback to Big Room, (c) Big Room (including all of its successors and assigns) may freely use, reproduce, publicize, and you irrevocably assign to us the right to license, distribute, and otherwise commercialize Feedback on the Website, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from Big Room or any of the users of the Website.

If you purchase access to any Ecolabel Index Pro databases or services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to Big Room storing your payment card information I accordance with the terms of the End User License Agreement. Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of the Terms of Use with you and is incorporated herein. For full details, please refer to our Privacy Policy.

Your Account

If you have registered with www.ecolabelindex.com or subscribe to a Premium Service, you are responsible for maintaining the confidentiality of log-in information and for restricting access to your computer, and you agree to accept responsibility and indemnify Big Room and its subsidiaries, affiliates, directors, officers, agents, advisors and employees, for all activities that occur under your account or password.

Security

Information sent or received over the Internet is generally unsecure and Big Room cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.

Disclaimer of all Representations, Warranties and Conditions

THE INFORMATION AND MATERIALS PROVIDED ON THE WEBSITE ARE PROVIDED ON AN "AS IS", AS-AVAILABLE BASIS. WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE WITH RESPECT TO THE CAPABILITY OF THE WEBSITE OR THE ACCURACY OR THE COMPLETENESS OF THE DATA PROVIDED THEREON. ALL WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. ANY INFORMATION OR MATERIAL ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING, DOWNLOADING OR USING ANY SUCH MATERIAL. BIG ROOM DOES NOT WARRANT THAT THE SERVICES PROVIDED HEREIN WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE WEBSITE IS FREE OF OTHER HARMFUL COMPONENTS.

BIG ROOM DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT OF ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND BIG ROOM SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.

Limitation of Liability and Indemnification

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ANY INFORMATION CONTAINED HEREIN IS AT YOUR SOLE RISK. WE ARE NOT LIABLE UNDER CONTRACT LAW, TORT LAW, OR OTHERWISE, FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS SITE OR ANY INFORMATION CONTAINED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL BIG ROOM AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS), THESE LIMITATIONS SHALL APPLY EVEN IF BIG ROOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SHALL INDEMNIFY AND HOLD BIG ROOM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, ADVISORS AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, ANY VIOLATION BY YOU OF THESE TERMS OF USE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).

You expressly acknowledge that Big Room is making the Website, Content and links available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the contract between you and Big Room. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination or suspension by Big Room of your use of, or access to, the Website.

Jurisdiction

We do not make any representations and does not give any warranties or conditions that information and materials on the Website are appropriate or available for use outside Canada. Those who choose to access the Website from outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, and recognizing the global nature of the Internet, each viewer and user shall comply with all local rules regarding online conduct and submission of acceptable materials. Specifically, each viewer and user shall comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which such user or viewer resides and the import of technical data into the country in which such user or viewer resides. These Terms of Use are governed and interpreted pursuant to the laws of the Province of British Columbia, Canada and you agree to submit to the exclusive jurisdiction of the courts located within the Province of British Columbia, Canada.

Termination

We may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website or portions thereof. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we shall not be liable to you or any third-party for any termination of your access to the Website or for the removal of any of the materials uploaded or contributed by you to the Website.

Website Availability

Big Room cannot guarantee that the Website will be available 100% of the time. Although Big Room strives to provide the most reliable website possible, interruptions and delays in accessing the Website are unavoidable and Big Room disclaims any liability for damages resulting from such problems.

Copyright and Trademark Information

The Website, and the information and materials that it contains, are the property of Big Room, its suppliers and other third parties under license to Big Room, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All Big Room product names and logos are trademarks or registered trademarks of Big Room Inc. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries. You may neither remove any copyright, trademark or other proprietary notices from any copy nor modify the Content. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website or any Content, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Big Room. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.

Big Room reserves the right to take such steps as it deems necessary, including without limitation legal action, to restrain unauthorized activity.

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