Cotaco Creek Converters Catalog

Terms & Conditions of Use

YOU ARE SUBJECT TO ALL TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT ("EULA") for Cotaco Creek Converters Catalog (Herein referred to as THE WEBSITE) between Cotaco Creek Converters, Inc. (Herein reffered to as Cotaco Creek Converters) and YOU, the licensee.

1. EULA Terms. THE WEBSITE and certain of its features are available to you, the licensee, conditioned on your acceptance, without modification, of all terms and conditions of this EULA. If you, or any person acting for you, with your permission, or with a password you made available directly or indirectly to any person (collectively "you" or "your") accesses, uses, or derives information from, such constitutes your acceptance of all terms of this EULA, as now in existence or as may later be modified in accordance with its terms.

THE WEBSITE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

This EULA (including all amendments posted on THE WEBSITE) is the entire agreement relating to your use of THE WEBSITE, and supercedes all prior, current, and future oral and written communications, proposals, and representations regarding THE WEBSITE and the use of any feature thereof.

ECI may change, from time to time, THE WEBSITE. ECI may elect to, but is not obligated to, introduce new features in future versions of THE WEBSITE which may change functions, limit access to information and/or analysis, and introduce new or revised security restrictions at any time without prior notice, at ECI's sole discretion, and without making any of the above available to you without liability to Cotaco Creek Converters. You agree to bear all risks and hold Cotaco Creek Converters harmless for any and all effects that any of the above changes may have on your ability to use THE WEBSITE for any purpose. By continuing to use THE WEBSITE after notice of any change is posted on THE WEBSITE, you signify your consent to all such changes, including but not limited to all changes to this EULA.

If you do not accept all terms of this EULA you must exit THE WEBSITE before accessing any of THE WEBSITE's features, otherwise you have created a legally binding agreement that you will comply with all terms of this EULA.

2. Membership. ECI may grant you limited access to THE WEBSITE; however, you are responsible for keeping your Account name and password confidential, and are responsible for any and all activities that occur under your Account. You agree to notify Cotaco Creek Converters immediately of any unauthorized activity regarding your Account and any other misuse of THE WEBSITE of which you are aware. Cotaco Creek Converters will not be responsible for any loss that you may incur as a result of someone else using your Account, either with or without your knowledge.

3. Software License. ECI grants you a non-exclusive license to use THE WEBSITE strictly in accordance with all terms of this EULA, which license ECI may terminate at any time without notice if ECI believes a violation of this EULA has occurred. Each licensed party will be issued one password, subject to change for security reasons, and a single password may only be used for the benefit of one (1) party who is the registered user for that Account.

4. Limitations of License. COTACO CREEK CONVERTERS AND OR ANY RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, OR AFFILIATES OF EITHER MAKE NO WARRANTIES OR GUARANTIES AS TO THE AVAILABILITY OR RELIABILITY OF THE WEBSITE OR THE INFORMATION ON THE WEBSITE AND MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL COTACO CREEK CONVERTERS AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THE FOREGOING, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE WEBSITE OR ANY INFORMATION THEREON, OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION AVAILABLE THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF ANALYSIS, OR OTHER PECURSIORY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR THE FAILURE TO PROVIDE SUPPORT FOR, OR RESOLVE ANY SUPPORT ISSUES REGARDING, THE WEBSITE, EVEN IF COTACO CREEK CONVERTERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN ANY CASE COTACO CREEK CONVERTERS'S ENTIRE LIABILITY UNDER ANY PROVISION OF THE EULA SHALL BE LIMITED TO THE AGGREGATE AMOUNT YOU HAVE PAID, OR WHICH HAS BEEN PAID ON YOUR BEHALF TO COTACO CREEK CONVERTERS DIRECTLY FOR ACCESS TO THE WEBSITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

5. No Unlawful Or Prohibited Use. As a condition of your use of THE WEBSITE, you warrant that you will not use THE WEBSITE for any purpose that is unlawful or prohibited by this EULA.

You hereby authorize THE WEBSITE and ECI to place cookies and other files on your computer's hard drive or other storage medium to assist THE WEBSITE in limiting access to only authorized users and recording authentication information for the duration, activities, and content of each session on THE WEBSITE.

You are responsible for any and all activities that occur under your Account, and must log off and exit from your Account at the end of each session of use. You shall send ECI notice immediately upon you being aware or suspicious of any unauthorized use of THE WEBSITE by any person.

In accordance with and within the privacy and other limitations then set forth in THE WEBSITE, you authorize ECI full access to any information regarding you, your Account, all cookies and all other information, and the use of any and all data as per the terms and conditions as set forth in this EULA. Notwithstanding the above, ECI will not disclose any information regarding any user without your prior permission in accordance with THE WEBSITE, this EULA, or as may be required by law or lawful process.

6. Limitations on Use.

6.1 You agree that when using THE WEBSITE, you shall NOT do any of the following:

6.1.1 Copy any portion of THE WEBSITE you have been authorized to access, for any purpose.
6.1.2 Copy any portion of THE WEBSITE for transmission or use, directly or indirectly on any computerized electronic exchange for any purpose.
6.1.3 Grant access to any portion of your Account to any person other than an individual acting solely on your behalf and in accordance with this EULA.
6.1.4 Access, or attempt to access, any other person's Account or any portion of THE WEBSITE which was not specifically granted by this EULA.
6.1.5 Transfer, rent, lease, sell, grant a security interest in, or otherwise encumber in any way any portion of THE WEBSITE or any of your rights to access or use THE WEBSITE, whether through this EULA or otherwise.
6.1.6 Reproduce in part or in whole, in any form, electronically, mechanically or otherwise, including but not limited to, the use of THE WEBSITE for transfer or resale in any form.
6.1.7 Publish, post, or distribute in part or in whole, in any form, electronically, mechanically or otherwise, including but not limited to, the use of THE WEBSITE for transfer or resale in any form.

6.1.8 Attempt to gain unauthorized access to THE WEBSITE, other accounts, computer systems, networks, or users connected to or using THE WEBSITE, through password mining or any other means

7. Liquidated Damages. In the event of breach of these Terms and Conditions, such as by but not limited to, unauthorized transfer of any part of any information, data, pictures, or any other aspect of the features of THE WEBSITE, damages may be difficult to determine. Cotaco Creek Converters may be significantly damaged by such breach. In the event of breach, breaching party agrees to pay liquidated damages in the amount of thirty thousand dollars, not as a penalty, but as fair compensation for endetermined damages.

8. Arbitration. Any and all parties involved in any disputes agree to submit disputes arising under this agreement to arbitration pursuant to the rules of the American Arbitration Association then in effect. The arbitration meeting, if conducted, shall be in Kansas City, Kansas or any other location as mutually agreed. The arbitrator shall determine breach and the existence of fault, if breach is alleged, and shall award the liquidated damages as set forth in (7) Liquidated damages in these Terms and Conditions if breach is determined. Further, if breach is determined, breaching party shall pay all costs and fees of the arbitration.

9. Support. Cotaco Creek Converters shall provide technical support at its sole discretion for any difficulties you may have accessing THE WEBSITE or any of its features. That technical support shall not include any aspect of your computer's hardware, software, configurations, means of gaining access to the internet, ability to browse the internet, or ability to access any facet or portion of THE WEBSITE.

10. Governing Law. This EULA will be governed by and construed in accordance with the substantive laws in force in the State of Kansas, if you are a citizen of the United States when first opening an Account. The courts of Kansas shall have exclusive jurisdiction over all disputes relating to this EULA.

11. Severability. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms. If any part of this EULA is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the EULA shall continue in effect. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

12. Modification Of These Terms And Conditions. ECI reserves the right to change the terms, conditions, and notices under this EULA by posting any change on THE WEBSITE.

13. General.

13.1 You agree that no joint venture, partnership, employment, or agency relationship exists between you and ECI as a result of this EULA or your use of THE WEBSITE.

13.2 ECI's performance under this EULA is subject to existing laws and legal process, and nothing contained in this EULA is in derogation of ECI's right to comply with law enforcement requests or requirements relating to your use of THE WEBSITE or information provided to or gathered by ECI with respect to such use.

13.3 Questions or concerns should be directed to an ECI representative at the address listed below:

Environmental Catalysts Inc
15432 Long street
Overland Park, Kansas 66221

BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE WEBSITE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE WEBSITE, DO NOT USE THE WEBSITE.