Terms & Acceptance
By means of registration and/or using the functions on EcoPerks.com you (the “Members”) may earn EcoPoints, actions may include, completing surveys, purchasing products from EcoPerks or third party websites, all forms and types of carbon offset purchases completed on EcoPerks.com website. EcoPerks reserves the right to change without notice the process of earning, the number of EcoPoints rewarded for each function or transaction or the type activities that reward the Members.

Only one Membership per person is permitted on EcoPerks. Members should be 18 years or older, individuals between the age of 13 years and under 18 years old must receive parental or guardian permission before registration with EcoPerks.

EcoPerks has the right to cancel or disable a Members access and unredeemed EcoPoints as a result of account inactive period of 12 consecutive months. Inactive status may result from the lack of website visit, purchasing, survey participation, personal carbon offset participation (questions and monthly or annual calculation), profile update or earning EcoPoints.

EcoPoints are non-transferable. EcoPoints have no cash value. EcoPoints may be redeemed only on rewards offered through EcoPerks.

EcoPerks reserves the right to send Members messages. Messages may include an ecoquiz, additional questionnaires, updated widget data, carbon footprint information, survey request, specific product or corporate promotion communication. Members agree to provide accurate information or feedback when participating and completing these types of activities.

EcoPerks will use the Member’s profile information to issue and/or ship rewards to the Member. A current and updated Member’s personal profile will be the responsibility of the Member. Once rewards are issued or awarded or shipped, rewards can not returned, exchanged or transferred. EcoPerks is not responsible for lost or stolen rewards.

Carbon Offset Purchases
The purchase of Carbon Offsets to mitigate your personal carbon dioxide emission, EcoPerks will provide reasonable proof of actions, taken no later than 60 days after the purchase, intended to offset the promised quantity of carbon emissions. This proof of actions may include email certification by a third party.

Purchasing Products from EcoPerks.com & Return Policy
The products purchased directly from EcoPerks can be returned for any reason within 30 days of the original invoice date and must be undamaged and in original packaging. EcoPerks will refund the Customer within 30 days of the receipt of the undamaged goods and the reward points earned with regards to the return will be reverse from the Customers personal account. The Company retains the right to assess the condition of returned goods. See Privacy Policy for Mall Network, located at the end of this document when shopping in the Mega Mall.

General Terms & Conditions
These Terms of Use, along with policies and guidelines located throughout the website identify what users of the EcoPerks (”users”) can expect from the EcoPerks and what we expect from users. By accessing any areas of the EcoPerks, users are deemed to have accepted these Terms of Use and other policies and guidelines identified throughout the EcoPerks website.

I. ONLINE CONDUCT
User agrees to use the EcoPerks website only for lawful purposes. User is prohibited from posting on or transmitting through the EcoPerks website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

If EcoPerks is notified of any material on the EcoPerks website (collectively “Content”) provided by User that is allegedly infringing, defamatory, damaging, illegal, or offensive, EcoPerks may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the EcoPerks website. EcoPerks may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the EcoPerks website; or (iii) to protect the rights or property of EcoPerks and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors and any other User.

EcoPerks reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, the EcoPerks website, the communities that make up the EcoPerks website, or any rights of EcoPerks or any third party, or to violate any applicable law. Notwithstanding the foregoing, no EcoPerks Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no EcoPerks Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content on the EcoPerks Website.

II. PRIVACY POLICY
EcoPerks respects the privacy of its Users. The terms and conditions of the EcoPerks websites Privacy Policy, are incorporated herein by reference.

III. TRADEMARKS
EcoPerks is a trademark of EcoPerks, Inc. EcoPerks is provided by EcoPerks.com. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of EcoPerks, Inc. and its licensors used on the EcoPerks Website may not be used without prior written consent of EcoPerks.com or its licensor, as the case may be. Without limiting the foregoing, no EcoPerks.com trademark or trade dress may be used in connection with any product or service that is not EcoPerks.com, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits EcoPerks.com.

IV. CONTENT
a. Proprietary Rights
User acknowledges that the EcoPerks Website contains Content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and EcoPerks, Inc. owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

b. Export
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations — including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the EcoPerks Website to either a foreign national or a foreign destination in violation of such laws.

VI. TERMINATION OF USAGE
EcoPerks may suspend or terminate any User’s access by terminating or disabling membership to all or any part of the EcoPerks Website including any the suspension of all EcoPoints, without notice, for any reason in EcoPerks sole discretion, including without limitation EcoPerks’s belief that such access would violate any applicable law or would be harmful to the interests of any EcoPerks Provider or another User.

VII. PASSWORD SECURITY
Every User is responsible for
(i) keeping such User’s EcoPerks account password confidential and
(ii) restricting access to such User’s computer. Each User agrees to accept full responsibility for all activities that occur within such User’s EcoPerks account.

VIII. DISCLAIMERS AND LIMITATION OF LIABILITY
THE EcoPerks WEBSITE IS PROVIDED BY EcoPerks PROVIDERS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH EcoPerks PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NO EcoPerks PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE EcoPerks WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE EcoPerks WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE EcoPerks WEBSITE; OR (IV) THAT THE EcoPerks WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF EcoPerks ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO EcoPerks PROVIDER GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE EcoPerks WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE EcoPerks WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY EcoPerks PROVIDER.

UNDER NO CIRCUMSTANCES SHALL ANY EcoPerks PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE EcoPerks WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE EcoPerks WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO EcoPerks RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE EcoPerks WEBSITE.

NO EcoPerks PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE EcoPerks WEBSITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH EcoPerks PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

IX. SEVERABILITY
The provisions of these Terms of Use are intended to be sever able. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

X. APPLICABLE LAW; JURISDICTION
This site is created and controlled by myconcertconcierge.com in the State of California. As such, the laws of the State of California will govern these Terms of Use, without giving effect to any principles of conflicts of laws.

User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation arising out of or relating to use of or purchase made through the EcoPerks Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the California Courts and agrees not to plead or claim in any California Court that such litigation brought therein has been brought in an inconvenient forum.

XI. BINDING ARBITRATION
Any controversy or claim arising out of or relating to this Terms of Use (including any breach thereof), the EcoPerks Website, any Content or any item purchased from the EcoPerks Website shall be settled by confidential arbitration in Callifornia, Callifornia administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude EcoPerks from seeking any injunctive relief in State or Federal courts located in the State of Callifornia for protection of EcoPerks or EcoPerks licensor’s intellectual property rights, and you consent to exclusive jurisdiction and venue in such courts.

XII. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between User and EcoPerks regarding User’s relationship with EcoPerks and supersedes any prior statements or representations. When using the EcoPerks Website or making a purchase there from, USER AGREES TO BE BOUND BY THESE TERMS OF USE.