Terms and Conditions

1. BINDING EFFECT. This is a binding agreement  between you and ’. .’ (”us”, ”we”, ”Penney eCommerce Inc.”). By using  the Internet site located at ’ecoverlab.convertri.com’ (the ”Site”), you agree to  abide by these Terms of Use. If at any time you find these Terms of Use  unacceptable, you must immediately leave the Site and cease all use of  it.

2. PRIVACY POLICY. We respect your privacy and  permit you to control the treatment of your personal information. A  complete statement of our current privacy policy can be found by clicking here. Our privacy policy is expressly incorporated into this Agreement by this reference.

 

3. GOVERNING LAW. These Terms of Use shall be  construed in accordance with and governed by the laws of California and  the United States, without reference to rules regarding conflicts of  law. This Site is intended for use by individuals based in the United  States of America.

 

4. MINIMUM AGE. You must be at least 18 years old to  access and participate on this site. You guarantee and warrant you are  at least 18 years old and are able to enter into this Agreement from a  legal perspective.

 

5. EBOOK SIGNUPS AND MAILINGS. You have the option,  but not obligation, to sign up and receive a free eBook from us. Should  you do so, you are agreeing to receive further emailings from us of a  commercial nature.

 

6. EMAIL COMMUNICATIONS. When you contact us, you  expressly consent and agree to receive email responses from us. These  email communications may be commercial or non-commercial in nature.  Non-commercial emails may include, but are not limited to,  administrative issues and announcements of changes to these Terms, the  Privacy Policy or other site documentation.

 

7. USE OF SOFTWARE. Penney eCommerce Inc. may make  certain software available to you from the Site. If you download  software from the Site, the software, including all files and images  contained in or generated by the software, and accompanying data  (collectively, ”Software”) are deemed to be licensed to you by us, for  your personal, noncommercial, home use only, unless otherwise informed  by alternative licensing agreement. Penney eCommerce Inc. does not  transfer either the title or the intellectual property rights to the  products, and Penney eCommerce Inc. retains full and complete title to  the Software as well as all intellectual property rights therein. You  may not sell, redistribute, or reproduce the Software, nor may you  decompile, reverse-engineer, disassemble, or otherwise convert the  Software to a human-perceivable form, unless you purchase an alternative  license. All trademarks and logos are owned by Penney eCommerce Inc. or  its licensors and you may not copy or use them in any manner without  permission.

 

8. USER CONTENT. By posting, downloading,  displaying, performing, transmitting, or otherwise distributing  information or other content (”User Content”) to the site, you are  granting Penney eCommerce Inc., its affiliates, officers, directors,  employees, consultants, agents, and representatives a permanent,  non-exclusive license to use User Content in connection with the  operation of the Internet businesses of Penney eCommerce Inc., its  affiliates, officers, directors, employees, consultants, agents, and  representatives, including without limitation, a right to copy,  distribute, transmit, publicly display, publicly perform, reproduce,  edit, translate, and reformat User Content. You will not be compensated  for any User Content. You agree that Penney eCommerce Inc. may publish  or otherwise disclose your name in connection with your User Content. By  posting User Content on the site, you warrant and represent that you  own the rights to the User Content or are otherwise authorized to post,  distribute, display, perform, transmit, or otherwise distribute User  Content.

 

9. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When  accessing the site, you agree to respect the intellectual property  rights of others. Your use of the site is at all times governed by and  subject to laws regarding copyright ownership and use of intellectual  property. You agree not to upload, download, display, perform, transmit,  or otherwise distribute any information or content (collectively,  ”Content”) in violation of any third party’s copyrights, trademarks, or  other intellectual property or proprietary rights. You agree to abide by  laws regarding copyright ownership and use of intellectual property,  and you shall be solely responsible for any violations of any relevant  laws and for any infringements of third party rights caused by any  Content you provide or transmit, or that is provided or transmitted  using your User ID. The burden of proving that any Content does not  violate any laws or third party rights rests solely with you. All  Digital Millennium Copyright Act matters are processed pursuant to our  DMCA Policy, which you may access via the DMCA link at the bottom of the  page.

 

10. INAPPROPRIATE CONTENT. You agree not to upload,  download, display, perform, transmit, or otherwise distribute any  Content that (a) is libelous, defamatory, obscene, pornographic,  abusive, or threatening; (b) advocates or encourages conduct that could  constitute a criminal offense, give rise to civil liability, or  otherwise violate any applicable local, state, national, or foreign law  or regulation; (c) advertises or otherwise solicits funds or is a  solicitation for goods or services; or (d) provides medical advice to  other users. Penney eCommerce Inc. reserves the right to terminate your  receipt, transmission, or other distribution of any such material using  the site, and, if applicable, to delete any such material from its  servers. Penney eCommerce Inc. intends to cooperate fully with any law  enforcement officials or agencies in the investigation of any violation  of these Terms or of any applicable laws.

 

11. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When  accessing the Site, you agree to obey the law and to respect the  intellectual property rights of others. Your use of the Site is at all  times governed by and subject to laws regarding copyright ownership and  use of intellectual property. You agree not to upload, download,  display, perform, transmit, or otherwise distribute any information or  content (collectively, ”Content”) in violation of any third party’s  copyrights, trademarks, or other intellectual property or proprietary  rights. You agree to abide by laws regarding copyright ownership and use  of intellectual property, and you shall be solely responsible for any  violations of any relevant laws and for any infringements of third party  rights caused by any Content you provide or transmit, or that is  provided or transmitted using your account. The burden of proving that  any Content does not violate any laws or third party rights rests solely  with you.

 

12. NO WARRANTIES. WE HEREBY DISCLAIM ALL  WARRANTIES. WE ARE MAKING THE SITE AVAILABLE ”AS IS” WITHOUT WARRANTY OF  ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE  OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT  PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS  OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY  IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,  OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR THE SERVICE WILL  MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE  WILL BE UNINTERRUPTED OR ERROR-FREE.

 

13. LIMITED LIABILITY. OUR LIABILITY TO YOU IS  LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE  LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL,  INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA,  REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN  CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES  PROVIDED TO YOU BY US. This limitation shall apply regardless of whether  the damages arise out of breach of contract, tort, or any other legal  theory or form of action.

 

14. AFFILIATED SITES. We have no control over and no  liability for any third party websites or materials. We work with a  number of partners whose Internet sites may be linked with the Site.  Because we have no control over the content and performance of these  partner and affiliate sites, we make no guarantees about the accuracy,  currency, content, or quality of the information provided by such sites,  and we assume no responsibility for unintended, objectionable,  inaccurate, misleading, or unlawful content that may reside on those  sites. Similarly, from time to time in connection with your use of the  Site, you may have access to content items (including, but not limited  to, websites) that are owned by third parties. You acknowledge and agree  that we make no guarantees about, and assumes no responsibility for,  the accuracy, currency, content, or quality of this third party content,  and that, unless expressly provided otherwise, these Terms of Use shall  govern your use of any and all third party content.

 

15. PROHIBITED USES. We impose certain restrictions  on your permissible use of the Site. You are prohibited from violating  or attempting to violate any security features of the Site, including,  without limitation, (a) accessing content or data not intended for you,  or logging onto a server or account that you are not authorized to  access; (b) attempting to probe, scan, or test the vulnerability of the  Site, or any associated system or network, or to breach security or  authentication measures without proper authorization; (c) interfering or  attempting to interfere with service to any user, host, or network,  including, without limitation, by means of submitting a virus to the  Site, overloading, ”flooding,” ”spamming,” ”mail bombing,” ”crashing” or  instituting a ”DDOS” attack on the Site; (d) using the Site to send  unsolicited e-mail, including, without limitation, promotions, or  advertisements for products or services; (e) forging any TCP/IP packet  header or any part of the header information in any e-mail or in any  posting using the Site; or (f) attempting to modify, reverse-engineer,  decompile, disassemble, or otherwise reduce or attempt to reduce to a  human-perceivable form any of the source code used by us in providing  the Site. Any violation of system or network security may subject you to  civil and/or criminal liability.

 

16. INDEMNITY. You agree to indemnify us for certain  of your acts and omissions. You agree to indemnify, defend, and hold  harmless Penney eCommerce Inc. its affiliates, officers, directors,  employees, consultants, agents, and representatives from any and all  third party claims, losses, liability, damages, and/or costs (including  reasonable attorney fees and costs) arising from your access to or use  of the Site, your violation of these Terms of Use, or your infringement,  or infringement by any other user of your account, of any intellectual  property or other right of any person or entity. We will notify you  promptly of any such claim, loss, liability, or demand, and will provide  you with reasonable assistance, at your expense, in defending any such  claim, loss, liability, damage, or cost.

 

17. COPYRIGHT. All contents of Site or Service are: Copyright © ’ . 2017 .’ ’. .’.

 

18. SEVERABILITY; WAIVER. If, for whatever reason, a  court of competent jurisdiction finds any term or condition in these  Terms of Use to be unenforceable, all other terms and conditions will  remain unaffected and in full force and effect. No waiver of any breach  of any provision of these Terms of Use shall constitute a waiver of any  prior, concurrent, or subsequent breach of the same or any other  provisions hereof, and no waiver shall be effective unless made in  writing and signed by an authorized representative of the waiving party.

 

19. NO LICENSE. Nothing contained on the Site should  be understood as granting you a license to use any of the trademarks,  service marks, or logos owned by us or by any third party.

 

20. 

 

21. AMENDMENTS. We reserve the right to amend these  Terms. Should Penney eCommerce Inc seek to make such an amendment, which  we determine is material in our sole discretion, we shall:

 

(a) Provide you notice by email of said change 15 days prior to the change going into force, and

(b) Publish on the home page the fact an amendment will be made.

 

Should a court of competent jurisdiction rule this Amendment  provision invalid, then this Amendment clause shall be terminated as  part of this agreement. All amendments to the Terms shall be forward  looking.

 Terms and Conditions

1. BINDING EFFECT. This is a binding agreement  between you and ’. .’ (”us”, ”we”, ”Penney eCommerce Inc.”). By using  the Internet site located at ’ecoverlab.convertri.com’ (the ”Site”), you agree to  abide by these Terms of Use. If at any time you find these Terms of Use  unacceptable, you must immediately leave the Site and cease all use of  it.

2. PRIVACY POLICY. We respect your privacy and  permit you to control the treatment of your personal information. A  complete statement of our current privacy policy can be found by clicking here. Our privacy policy is expressly incorporated into this Agreement by this reference.

 

3. GOVERNING LAW. These Terms of Use shall be  construed in accordance with and governed by the laws of California and  the United States, without reference to rules regarding conflicts of  law. This Site is intended for use by individuals based in the United  States of America.

 

4. MINIMUM AGE. You must be at least 18 years old to  access and participate on this site. You guarantee and warrant you are  at least 18 years old and are able to enter into this Agreement from a  legal perspective.

 

5. EBOOK SIGNUPS AND MAILINGS. You have the option,  but not obligation, to sign up and receive a free eBook from us. Should  you do so, you are agreeing to receive further emailings from us of a  commercial nature.

 

6. EMAIL COMMUNICATIONS. When you contact us, you  expressly consent and agree to receive email responses from us. These  email communications may be commercial or non-commercial in nature.  Non-commercial emails may include, but are not limited to,  administrative issues and announcements of changes to these Terms, the  Privacy Policy or other site documentation.

 

7. USE OF SOFTWARE. Penney eCommerce Inc. may make  certain software available to you from the Site. If you download  software from the Site, the software, including all files and images  contained in or generated by the software, and accompanying data  (collectively, ”Software”) are deemed to be licensed to you by us, for  your personal, noncommercial, home use only, unless otherwise informed  by alternative licensing agreement. Penney eCommerce Inc. does not  transfer either the title or the intellectual property rights to the  products, and Penney eCommerce Inc. retains full and complete title to  the Software as well as all intellectual property rights therein. You  may not sell, redistribute, or reproduce the Software, nor may you  decompile, reverse-engineer, disassemble, or otherwise convert the  Software to a human-perceivable form, unless you purchase an alternative  license. All trademarks and logos are owned by Penney eCommerce Inc. or  its licensors and you may not copy or use them in any manner without  permission.

 

8. USER CONTENT. By posting, downloading,  displaying, performing, transmitting, or otherwise distributing  information or other content (”User Content”) to the site, you are  granting Penney eCommerce Inc., its affiliates, officers, directors,  employees, consultants, agents, and representatives a permanent,  non-exclusive license to use User Content in connection with the  operation of the Internet businesses of Penney eCommerce Inc., its  affiliates, officers, directors, employees, consultants, agents, and  representatives, including without limitation, a right to copy,  distribute, transmit, publicly display, publicly perform, reproduce,  edit, translate, and reformat User Content. You will not be compensated  for any User Content. You agree that Penney eCommerce Inc. may publish  or otherwise disclose your name in connection with your User Content. By  posting User Content on the site, you warrant and represent that you  own the rights to the User Content or are otherwise authorized to post,  distribute, display, perform, transmit, or otherwise distribute User  Content.

 

9. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When  accessing the site, you agree to respect the intellectual property  rights of others. Your use of the site is at all times governed by and  subject to laws regarding copyright ownership and use of intellectual  property. You agree not to upload, download, display, perform, transmit,  or otherwise distribute any information or content (collectively,  ”Content”) in violation of any third party’s copyrights, trademarks, or  other intellectual property or proprietary rights. You agree to abide by  laws regarding copyright ownership and use of intellectual property,  and you shall be solely responsible for any violations of any relevant  laws and for any infringements of third party rights caused by any  Content you provide or transmit, or that is provided or transmitted  using your User ID. The burden of proving that any Content does not  violate any laws or third party rights rests solely with you. All  Digital Millennium Copyright Act matters are processed pursuant to our  DMCA Policy, which you may access via the DMCA link at the bottom of the  page.

 

10. INAPPROPRIATE CONTENT. You agree not to upload,  download, display, perform, transmit, or otherwise distribute any  Content that (a) is libelous, defamatory, obscene, pornographic,  abusive, or threatening; (b) advocates or encourages conduct that could  constitute a criminal offense, give rise to civil liability, or  otherwise violate any applicable local, state, national, or foreign law  or regulation; (c) advertises or otherwise solicits funds or is a  solicitation for goods or services; or (d) provides medical advice to  other users. Penney eCommerce Inc. reserves the right to terminate your  receipt, transmission, or other distribution of any such material using  the site, and, if applicable, to delete any such material from its  servers. Penney eCommerce Inc. intends to cooperate fully with any law  enforcement officials or agencies in the investigation of any violation  of these Terms or of any applicable laws.

 

11. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When  accessing the Site, you agree to obey the law and to respect the  intellectual property rights of others. Your use of the Site is at all  times governed by and subject to laws regarding copyright ownership and  use of intellectual property. You agree not to upload, download,  display, perform, transmit, or otherwise distribute any information or  content (collectively, ”Content”) in violation of any third party’s  copyrights, trademarks, or other intellectual property or proprietary  rights. You agree to abide by laws regarding copyright ownership and use  of intellectual property, and you shall be solely responsible for any  violations of any relevant laws and for any infringements of third party  rights caused by any Content you provide or transmit, or that is  provided or transmitted using your account. The burden of proving that  any Content does not violate any laws or third party rights rests solely  with you.

 

12. NO WARRANTIES. WE HEREBY DISCLAIM ALL  WARRANTIES. WE ARE MAKING THE SITE AVAILABLE ”AS IS” WITHOUT WARRANTY OF  ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE  OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT  PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS  OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY  IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,  OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR THE SERVICE WILL  MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE  WILL BE UNINTERRUPTED OR ERROR-FREE.

 

13. LIMITED LIABILITY. OUR LIABILITY TO YOU IS  LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE  LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL,  INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA,  REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN  CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES  PROVIDED TO YOU BY US. This limitation shall apply regardless of whether  the damages arise out of breach of contract, tort, or any other legal  theory or form of action.

 

14. AFFILIATED SITES. We have no control over and no  liability for any third party websites or materials. We work with a  number of partners whose Internet sites may be linked with the Site.  Because we have no control over the content and performance of these  partner and affiliate sites, we make no guarantees about the accuracy,  currency, content, or quality of the information provided by such sites,  and we assume no responsibility for unintended, objectionable,  inaccurate, misleading, or unlawful content that may reside on those  sites. Similarly, from time to time in connection with your use of the  Site, you may have access to content items (including, but not limited  to, websites) that are owned by third parties. You acknowledge and agree  that we make no guarantees about, and assumes no responsibility for,  the accuracy, currency, content, or quality of this third party content,  and that, unless expressly provided otherwise, these Terms of Use shall  govern your use of any and all third party content.

 

15. PROHIBITED USES. We impose certain restrictions  on your permissible use of the Site. You are prohibited from violating  or attempting to violate any security features of the Site, including,  without limitation, (a) accessing content or data not intended for you,  or logging onto a server or account that you are not authorized to  access; (b) attempting to probe, scan, or test the vulnerability of the  Site, or any associated system or network, or to breach security or  authentication measures without proper authorization; (c) interfering or  attempting to interfere with service to any user, host, or network,  including, without limitation, by means of submitting a virus to the  Site, overloading, ”flooding,” ”spamming,” ”mail bombing,” ”crashing” or  instituting a ”DDOS” attack on the Site; (d) using the Site to send  unsolicited e-mail, including, without limitation, promotions, or  advertisements for products or services; (e) forging any TCP/IP packet  header or any part of the header information in any e-mail or in any  posting using the Site; or (f) attempting to modify, reverse-engineer,  decompile, disassemble, or otherwise reduce or attempt to reduce to a  human-perceivable form any of the source code used by us in providing  the Site. Any violation of system or network security may subject you to  civil and/or criminal liability.

 

16. INDEMNITY. You agree to indemnify us for certain  of your acts and omissions. You agree to indemnify, defend, and hold  harmless Penney eCommerce Inc. its affiliates, officers, directors,  employees, consultants, agents, and representatives from any and all  third party claims, losses, liability, damages, and/or costs (including  reasonable attorney fees and costs) arising from your access to or use  of the Site, your violation of these Terms of Use, or your infringement,  or infringement by any other user of your account, of any intellectual  property or other right of any person or entity. We will notify you  promptly of any such claim, loss, liability, or demand, and will provide  you with reasonable assistance, at your expense, in defending any such  claim, loss, liability, damage, or cost.

 

17. COPYRIGHT. All contents of Site or Service are: Copyright © ’ . 2017 .’ ’. .’.

 

18. SEVERABILITY; WAIVER. If, for whatever reason, a  court of competent jurisdiction finds any term or condition in these  Terms of Use to be unenforceable, all other terms and conditions will  remain unaffected and in full force and effect. No waiver of any breach  of any provision of these Terms of Use shall constitute a waiver of any  prior, concurrent, or subsequent breach of the same or any other  provisions hereof, and no waiver shall be effective unless made in  writing and signed by an authorized representative of the waiving party.

 

19. NO LICENSE. Nothing contained on the Site should  be understood as granting you a license to use any of the trademarks,  service marks, or logos owned by us or by any third party.

 

20. 

 

21. AMENDMENTS. We reserve the right to amend these  Terms. Should Penney eCommerce Inc seek to make such an amendment, which  we determine is material in our sole discretion, we shall:

 

(a) Provide you notice by email of said change 15 days prior to the change going into force, and

(b) Publish on the home page the fact an amendment will be made.

 

Should a court of competent jurisdiction rule this Amendment  provision invalid, then this Amendment clause shall be terminated as  part of this agreement. All amendments to the Terms shall be forward  looking.