ELECTRIC CLEANER COMPANY WEBSITE
TERMS OF USE
Last Updated: June 16, 2023
These Terms of Service are a legal agreement between Electric Cleaner Company, Inc, a Wisconsin company (“ECC”) and any person or entity accessing the ECC website.  This document outlines the Terms of Service of the ECC website and services.
THE TERMS SET OUT BELOW GOVERN YOUR USE OF THE ECC SERVICES (“SERVICES”). BY USING THE SERVICES YOU AGREE TO THESE TERMS, AS ECC, MAY UPDATE FROM TIME TO TIME AT ITS ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
Services are available only to legal entities and to individuals who are at least 18 years old.

ACCEPTANCE OF TERMS
Before using any of the ECC services, you are required to read, understand and agree to these terms. You may create an account only after reading and accepting these terms.
The Site is owned and operated by Electric Cleaner Company, Inc and is accessed by you under these Terms of Service (“Terms of Service”).
Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy Policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site and you are not authorized to use the services.

TERM OF AGREEMENT
These Terms are effective upon the first access by the Customer of the Site and remain in effect unless called by the Customer or ECC and subject to the “Survival” provisions of these Terms of Service.

DESCRIPTION OF SERVICES
The Site is an online information service that provides information about Electric Cleaner Company, Inc. products and services.
Services include, but are not limited to, any service and/or content ECC makes available to or performs for you, as well as the offering of any materials displayed, transmitted, or performed on the Site or through the Services.
Your access to, and use of the Site, may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of ECC.
ECC reserves the right to amend, suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.

LICENSE GRANT
Subject to these Terms of Service, and in consideration for the payment of fees herein for the Services, ECC hereby grants to Customer a non-exclusive, non-transferable license to allow users to access the Site solely for Customer’s internal business purposes and solely for the specific Services offering purchased by the Customer. This license is restricted to use by Customer and its authorized users and does not include the right to use ECC technology on behalf of any third party or the right to permit any non-User to access or use the Site.  Customer also agrees to be bound by any further restrictions set forth herein.  All rights not expressly granted to Customer are reserved by ECC and its licensors.  There are no implied rights.

ECC DATA
ECC retains ownership of all right, title and interest in and to the ECC data.  ECC data is all data on the Site, which is not otherwise owned by the Customer or a third party.
 
CUSTOMER DATA
Customer retains ownership of all right, title and interest in and to all Customer Data.

GRANT OF LICENSE
During the term of these Terms of Service, Customer hereby grants to ECC a limited, worldwide, non-exclusive, non-transferable, royalty-free right to use, display, transmit, and distribute the Customer Data solely as necessary to provide the Services to Customer.  Notwithstanding the foregoing, Customer acknowledges and agrees that ECC shall have the right to use compilations of aggregated statistics about the Services and the Customer Data provided, however, that ECC shall not publicly disclose or distribute any data unless such data is in an aggregated form that would not permit a third party to identify the data as associated with Customer.

THIRD-PARTY MATERIALS
Certain services available may include materials from third parties. ECC may provide links to third-party websites as a convenience to you. You agree that ECC is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. All of which are provided “AS IS.” You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that ECC is not in any way responsible for any such use by you.

USE OF SERVICES AND RENTED CONTENT
You agree that the Services may include security technology that limits your use and that you shall use the Services in compliance with the applicable usage rules established by ECC and its licensors (“Usage Rules”), and that any other use may constitute copyright infringement. ECC reserves the right to modify the Usage Rules at any time.  Usage Rules may be controlled and monitored by ECC for compliance purposes, and ECC reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Services by any means other than through software that is acceptable to ECC. You shall not access or attempt to access an account that you are not authorized to access. Violations of system or network security may result in termination of the Services, and civil or criminal liability.

RESTRICTIONS
Customer is responsible for all activities conducted under its user password and for its users’ compliance with these Terms of Service.  Unauthorized use, resale or commercial exploitation of the Site or the Services in any way is expressly prohibited.  Without ECC’s express prior written consent in each instance, Customer shall not (and shall not allow any third party to): reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code form or structure of the Site or access the Site in order to build a competitive product or service or copy any ideas, features, functions or graphics of the Site.  Except as expressly permitted in these Terms of Service, Customer shall not copy, license, sell, transfer, make available, lease, time-share, distribute, or assign this license or the Site to any third-party.  Customer shall not use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Site.  Customer shall be liable for any breach of these Terms of Service or the Agreement by any of its Users.  In addition to ECC’s other remedies hereunder, ECC reserves the right upon notice to Customer to terminate any User’s right to access the Site if such User has violated any of the restrictions contained in these Terms of Service.

RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge ECC of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless ECC from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary, and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) your breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or ECC Username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.

LIMITATION OF LIABILITY
In no event shall ECC be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the Services or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.
ECC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond ECC’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).

NO WARRANTY
ECC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES WHICH ARE PROVIDED “AS IS.” YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICES EFFECTIVE UPON RECEIPT BY ECC OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
ECC DOES NOT REPRESENT THAT THE SERVICES OR SITE WILL BE ERROR-FREE OR THAT THE SERVICES OR SITE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT ALL ERRORS IN THE SERVICES, SITE OR WORK PRODUCT WILL BE CORRECTED OR THAT THE OVERALL SYSTEM THAT MAKES THE SERVICES AVAILABLE (INCLUDING BUT NOT LIMITED TO THE INTERNET, OTHER TRANSMISSION NETWORKS, AND CUSTOMER’S LOCAL NETWORK AND EQUIPMENT) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THERE ARE NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.

INTELLECTUAL PROPERTY OWNERSHIP
Customer acknowledges and agrees that (i) as between ECC and Customer, all right, title and interest in and to the Site (excluding any Customer Data) and all derivatives thereof (including any and all patents, copyrights, trade secret rights, trademarks, trade names and other proprietary rights embodied therein or associated therewith) are and shall remain ECC’s or its licensors’, and ECC in no way conveys any right or interest in the Site other than a limited license to use it in accordance herewith, and (ii) the Site is protected by copyright, trade secret, and other proprietary rights and laws.
ECC graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of ECC, LLC. ECC’s intellectual property may not be used in connection with any product or service without the prior written consent of ECC, and no right or license is granted to use them. Customer shall not remove any ECC trademark or logo from the Site.

CHANGES TO THESE TERMS
ECC reserves the right, at its sole discretion, to modify or replace these Terms at any time. If any such modification constitutes a material change to these Terms, ECC will notify you by posting an announcement on the site. What constitutes a material change will be determined in ECC’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms constitutes your acceptance of the Terms as modified.

GENERAL PROVISIONS
No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind ECC in any respect whatsoever. The failure of ECC to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. ECC may transfer, assign or delegate these Terms and its rights and obligations without your consent. These Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within Wisconsin between two residents thereof, the parties submit to the exclusive jurisdiction of Wisconsin courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.