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Welcome to Earth Moment! This Web site (www.earthmoment.com, or any replacement site, the “Site”) is operated by Earth Moment, LLC (“Earth Moment,” “we” or “us”) to provide you with information about high-quality products and give you the opportunity to contribute to the fight against global warming. All access to and use of the Site is governed by and subject to these terms of use (these “Terms”). Please read these Terms carefully and thoroughly. By accessing and using the Site, and by registering or signing up on the Site, you acknowledge that you have read and understand these Terms and you accept and agree to be bound by these Terms. If you do not agree to these Terms, please do not continue to access and use the Site. Changes to TermsAs our business and the Internet grows and changes, we may update and amend these Terms from time to time, whether to change existing terms, as necessary and appropriate, or to incorporate additional terms specific to new or additional features, materials, opportunities, or services that we make available on or through the Site. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you, as your continued use of the Site signifies your continuing consent to be bound by these Terms. We expressly reserve the right to make any changes to these Terms, or to the Site, its content, and the programs or features offered on the Site, at any time, without prior notice to you. Access and UseIn these Terms, “you” refers to an individual accessing the Site, regardless of the particular features, materials, or opportunities made available on the Site that he or she chooses to browse, use, or take advantage of. To the extent applicable, “you” also includes the company or other legal entity (your “Company”), if any, on whose behalf an individual is accessing the Site. You represent and agree that all information that you provide to Earth Moment in connection with your access to and use of the Site (including, but not limited to, any information that you provide in registering or signing up on the Site or in inviting friends to the Site) is, at the time of submission, complete and accurate, to the best of your knowledge. We reserve the right to refuse, restrict, or discontinue service or access to the Site (or any portions, components, or features of the Site, including your account or that of any other registered user of the Site) to you or any other person or entity, or to modify or terminate these Terms, for any reason or for no reason whatsoever, at any time, without notice or liability. Failure to comply with these Terms may, among other things, result in the immediate termination of your account and your access to and use of the Site. The Site is intended for use by persons at least 18 years of age. If you are not 18, please do not register or sign up on the Site or continue to access or use the Site. Registering on the SiteIf you register or sign up as a member or user of the Site, you will be required to provide us with your name and a valid email address, to create a username and password, and to appropriately complete your emission profile. You are responsible for maintaining this information so that it is current and complete and for maintaining the confidentiality of your username and password. You are fully responsible for all access and any activity that occurs through use of your username or password, and you agree to immediately notify Earth Moment of any unauthorized use of your username or password, or of any breach of Site security or of these Terms, of which you become aware. Earth Moment cannot and will not be liable for any loss or damage arising from any unauthorized access or use of your username and password. Unless expressly otherwise indicated on the Site, there is no charge to register or sign-up on the Site, and there are no membership or other fees for being a registered member or user of the Site. Making Qualified Purchases Through the SiteIf you have properly registered or signed up on the Site, then you may click on the links provided on the Site to purchase any of the goods, products, or services of third-party merchants that are featured on the Site. You must be logged in to the Site with your username and password, and you must have cookies enabled in your Web browser, in order to receive a carbon offset on the Site for any purchases that you make on our affiliated merchants’ Web sites. In addition, only purchases that you make in the same visit to the Web site of one of our affiliated merchants as was initiated by clicking on an appropriate link on our Site will qualify for carbon offsets. If you begin a purchase (for example, by placing an item in a shopping cart) in such a visit, but do not complete the purchase until a later visit, or if you click on coupon links or open a new browser window and go to the merchant site other than directly through our Site, you may not receive credit for the purchase and a carbon offset may not apply. Provided that you are then properly registered and in compliance with these Terms, for each qualifying purchase that you make, as described in these Terms, we will contribute or otherwise transfer to our designated environmental organization (currently Carbonfund.org) such percentage of the purchase price, or such amount, as is then posted on the Site for the item that you purchase and the merchant from which you make the purchase (which percentages and amounts are subject to change at any time, without notice). To receive a carbon offset, and for us to be obligated to contribute or transfer funds to our designated environmental organization, you must not cancel or return items that you purchase through our affiliated merchants. Please allow a reasonable period of time following each qualifying purchase for the associated carbon offset to appear in your account. We reserve the right to review each purchase and determine, in our sole discretion, whether it is a qualifying purchase that entitles you to a carbon offset and for which we will make a contribution or transfer funds to our designated environmental organization. For example, a transaction will not be considered a qualifying purchase if there is a tracking failure that results in your username not being associated with the purchase for some reason or if there is problem with the third-party merchants’ site, a communications or transmission problem or interruption, fraud or some other violation of law, or any other problem or issue outside of our control. We also reserve the right to make any adjustments to any user’s account or carbon offsets as we, in our sole discretion, deem necessary or appropriate to account for cancellations, returns, fraud, or similar situations. If you disagree with any determination by Earth Moment as to whether any given purchase constitutes a qualifying purchase, or with regard to any account or carbon offset adjustment made by Earth Moment, your sole and exclusive remedy is to discontinue use of the Site. You may maintain no more than one account on the Site at any given time. You should login and review your account frequently to confirm that you have received the carbon offsets for any qualifying purchases that you have made through the Site, and you must notify us within 45 days after making any given qualifying purchase if you have not received the carbon offset to which you believe are entitled to with respect to such purchase. If you do not notify us within this period, then you waive any right to such carbon offset and any related rights. You acknowledge and agree that Earth Moment is exclusively entitled to any tax benefit relating to any contributions or transfers of funds to our designated environmental organization. We will make consolidated contributions or transfers of funds to our designated environmental organization for qualifying purchases on such schedule as we determine to be reasonable. Carbon offsets issued in connection with the Site have no cash value and may not be sold, licensed, bartered, traded, assigned, or otherwise exchanged or transferred. We reserve the right to terminate, cancel, or close any user’s account, without notice, if the user has made no qualifying purchases in the then-most recent 6 months. You may close your account by using the functionality provided on the Site or by sending us an email (at the email address given below), directing us to close your account. Any termination, cancellation, or closure of any account will result in cancellation of any carbon offsets in the account. Privacy PolicyInformation that we collect about you, or that you submit or provide, through your access to and use of the Site is subject to our Privacy Policy, which is incorporated into these Terms by reference. We encourage you to read and become familiar with our privacy practices, as described in our Privacy Policy. SecurityEarth Moment employs such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from, or stored on, the Site. However, we cannot and do not guarantee that any such information or transmissions are or will be totally secure. Unencrypted Internet communications are not secure, and no security measures are impenetrable. You agree to immediately notify us of any breach of Site security, these Terms, or our Privacy Policy of which you become aware. ConsentsYou are responsible for obtaining from any applicable persons and entities all consents and approvals that may be required with regard to your access and use of the Site or with regard to your submission or disclosure of information to us in connection with the Site, regardless of whether such consents and approvals are required by law or otherwise. You agree not to use or access features or portions of the Site, or to submit or provide to us any information or materials, for which you do not have all required consents and authorizations. Proprietary ContentEarth Moment respects the intellectual property rights of others and expect you to do the same. We have expended substantial time, effort and funds to create the Site and to collect and provide the features, materials, opportunities, and services that are available on or through the Site. You understand and acknowledge that Earth Moment owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the Site and the features, materials, opportunities, and services made available on the Site, all information, text, data, databases, graphics, images, audio and visual clips, logos, software, and other materials contained in the Site, and the compilation, collection, design, selection, and arrangement thereof (all of the foregoing, collectively, the “Content”). You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and you agree that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of Earth Moment and its licensors and content-providers. Use of ContentEarth Moment grants you a limited, personal license to access and make personal use of the Site and the Content solely for legitimate purposes consistent with the reasonably inferable intended purposes of the Site and the Content. Any other access to or use of the Site or the Content constitutes a violation of these Terms. No business or professional relationship is created in connection with any provision of the Content. The Content is provided exclusively with the understanding that Earth Moment is not thereby engaged in making recommendations or endorsements of any goods, products, or services or in rendering professional advice or services to you. Except as expressly provided for in these Terms, any alteration, modification, reproduction, redistribution, retransmission, redisplay, or other use of any portion of the Site or of the Content in any other manner or for any other purpose constitutes an infringement of our intellectual property and other proprietary rights and is strictly prohibited. Other than as necessary and required to facilitate your personal use of the Site, as provided above, you may not reproduce, perform, create derivative works of, republish, upload, post, mirror, archive, retransmit, or redistribute in any way whatsoever any Content or any portion of the Site without the express, prior written permission of Earth Moment. Use of the Content, or any portion thereof, on any other Web site or other networked computer environment is prohibited without the express, prior written permission of Earth Moment. Accessing, using, or copying any portion of the Site or of the Content through the use of bots, spiders, Web crawlers, indexing agents, or other automated devices or mechanisms is strictly prohibited. You agree not to remove or modify any copyright notice, trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by Earth Moment in writing, in no event shall you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose, all or any portion of the Site or the Content or access to or use of the Site or the Content. Use of SubmissionsBy submitting any information or material on the Site or to Earth Moment, whether via the Internet, by fax machine, e-mail, telephone, or other mode or medium of communication, or through access to and use of the Site or any of the Content (including, but not limited to, by completing and submitting to us any of the forms that may be posted or described on the Site or otherwise submitting or posting feedback, questions, comments, suggestions, ideas, resumes, graphics, text, software, computer files, or other material of any type), you thereby expressly grant, or warrant that the owner of such material has expressly granted, Earth Moment a royalty-free, fully-paid, perpetual, irrevocable, non-exclusive, worldwide license and right to use, make and have made, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) and to incorporate it in other works in any form, media, or technology now known or hereafter developed, subject to our Privacy Policy, as available on the Site. User ConductIn connection with your access to and use of the Site and that of any person authorized by you to use the Site, you are responsible for compliance with all applicable laws, regulations, and policies of all relevant jurisdictions. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. Specifically, among other things, you agree that in connection with accessing or using the Site you will not:
Linked SitesHyperlinks may be posted on the Site that link to third-party merchants’ Web sites and other Web sites not under our control. Earth Moment does not endorse or sponsor such Web sites (or any goods, products, or services offered on any such Web sites), and we are not responsible for the availability, accuracy, content, or any other aspect of such Web sites (or for any goods, products, or services offered on any such Web sites). Earth Moment disclaims all liability for such Web sites, for all access to and use thereof, for use of the links to such Web sites, and for any goods, products, or services offered or purchased on or through any such Web sites. We also disclaim all liability, and make no representations or warranties, with respect to any other goods, products, or services made available, sold, or provided to you by any third party. Your use of other Web sites, and the offer or purchase of goods, products, or services on or through such other Web sites, is subject to the terms and conditions of those other Web sites. You agree that you will bring no suit or claim against Earth Moment arising from or based upon your use of, or the offer or purchase of goods, products, or services on or through, such other Web sites. Hyperlinks to other Web sites that are provided on the Site do not imply that: (a) Earth Moment is affiliated or associated with any linked sites; (b) Earth Moment is legally authorized to use any trademark, tradename, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of Earth Moment. Links to the SiteUnless otherwise notified or directed by Earth Moment, you may include a hyperlink on your own Web site to the home page of the Site, provided that you do not: (a) "deep link" to any other page of the Site; (b) "frame" the Site or any Content or otherwise cause the Site or any Content to appear in a window with any other material that does not constitute Content; (c) cause the hyperlink to the Site, or the Site or any Content, to be displayed in any way that is disparaging to Earth Moment or to any affiliate, business partner, or content- or service-provider of Earth Moment; or (d) otherwise imply or state that any type of relationship or special arrangements exist with Earth Moment or with any affiliate of Earth Moment, unless otherwise specifically approved in writing by Earth Moment. You agree that you will promptly remove any hyperlink to the Site upon written request from Earth Moment, at any time and for any reason. In no event will you use Earth Moment’s logo or any other trademark as a hyperlink "button", or in any other manner, without Earth Moment’s express written consent. DisclaimerAlthough Earth Moment strives to make the Site, the Content, and the features, materials, opportunities, and services provided through the Site reasonably helpful, useful, reliable, and current, you understand and agree that your access to and use of the Site, the Content, and all materials, goods, products, and services available on or through the Site and Earth Moment are at your own initiative and risk. Earth Moment does not make any promise, covenant, representation, warranty, or guarantee that you or any other user of the Site will obtain any particular or tangible result or achieve any particular goal through the use of the Site or any other product or service in connection with use of the Site. It is your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you access, use, download, or otherwise obtain on or through the Site and Earth Moment are: (a) up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose for that you (or, if applicable, your Company) may desire to use them; and (b) free of viruses and other disabling devices and destructive routines. THE SITE AND THE CONTENT, AND ALL MATERIALS, GOODS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND EARTH MOMENT ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED. EARTH MOMENT DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EARTH MOMENT MAKE NO WARRANTIES OR GUARANTIES REGARDING: (i) THE THIRD-PARTY MERCHANTS WHOSE GOODS, PRODUCTS, OR SERVICES ARE FEATURED, DESCRIBED, OR LINKED TO ON THE SITE; (ii) THE WEB SITES OF SUCH THIRD-PARTY MERCHANTS; OR (iii) THE GOODS, PRODUCTS, OR SERVICES OF SUCH THIRD-PARTY MERCHANTS. EARTH MOMENT DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITE OR ANY MATERIALS, GOODS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH EARTH MOMENT ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU (OR, IF APPLICABLE, YOUR COMPANY) MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND THE MATERIALS, GOODS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND THROUGH EARTH MOMENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. Limitation of LiabilityIN NO EVENT SHALL EARTH MOMENT OR ITS AFFILIATES, CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, SERVICE-PROVIDERS, OR MERCHANTS, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF ANY OF THE FOREGOING, BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF, OR RELIANCE ON, THE SITE, THE CONTENT, OR THE MATERIALS, GOODS, PRODUCTS, AND SERVICES ACCESSIBLE ON OR THROUGH THE SITE OR THROUGH EARTH MOMENT; (B) EARTH MOMENT’S PERFORMANCE OF OR FAILURE TO PERFORM ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS; (C) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR OF OTHER THIRD PARTIES; OR (D) YOUR PURCHASE AND USE OF ANY GOODS, PRODUCTS, OR SERVICES PROVIDED BY THIRD PARTIES. UNDER NO CIRCUMSTANCES SHALL EARTH MOMENT OR ITS AFFILIATES, CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, SERVICE-PROVIDERS, AND MERCHANTS, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF ANY OF THE FOREGOING, BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OF MATERIALS, GOODS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH EARTH MOMENT, THE USE, COPYING, OR DISPLAY OF THE SITE OR THE CONTENT, TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET, OR ANY OTHER CAUSE BEYOND THE CONTROL OF EARTH MOMENT, EVEN IF EARTH MOMENT WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF EARTH MOMENT AND ITS AFFILIATES, CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, SERVICE-PROVIDERS, AND MERCHANTS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF ALL OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF EARTH MOMENT OR ITS AFFILIATES, CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, SERVICE-PROVIDERS, OR MERCHANTS, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR YOUR USE OF THE SITE, EARTH MOMENT AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED $100. IndemnificationYou agree to indemnify, defend and hold Earth Moment, and the officers, directors, employees, agents, and representatives of Earth Moment, harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys' fees), made by any third party due to or arising out of content, data, information, other materials that you submit, post to, or transmit through the Site, your access to or use of the Content, the Site, and other materials, goods, products, and services available on or through the Site and Earth Moment, your violation of these Terms, or your violation of any rights of another. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms. MiscellaneousThese Terms and the Privacy Policy referenced herein (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Site, the Content, and any other materials, goods, products, and services available on or through the Site. Our electronic or otherwise properly stored copy of these Terms shall be deemed to be the true, complete, valid, authentic, and enforceable copy of these Terms, and you agree that you shall not contest the admissibility or enforceability of Earth Moment’s copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms. Except as expressly provided for herein, these Terms do not confer any rights, remedies, or benefits upon any person other than you and Earth Moment. Earth Moment may assign its rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without the prior written consent of Earth Moment. These Terms shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. Should any provision of these Terms be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions hereof shall not be affected. You are responsible for complying with any applicable laws and regulations of any jurisdiction from which you are accessing the Site and any other jurisdiction whose laws apply to you or your actions. You agree that you will not access or use the Site, the Content, or any other information or materials on the Site in violation of the aforementioned laws and regulations or these Terms. JurisdictionThe Site is maintained, operated, and controlled by or on behalf of Earth Moment in the United States of America. These Terms shall be governed by and construed under the laws of the United States and the State of Delaware, without regard to conflicts of law principles or rules. Any claim or action brought by you that arises out of or relates to these Terms and your access to and use of the Site or the Content must be commenced within one year after the cause of action arises. You and Earth Moment each hereby expressly consent and irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Chicago, Illinois for resolution of any matters related to interpretation, construction, or enforcement of these Terms or otherwise in connection with these Terms or the Privacy Policy referenced herein, or otherwise related to or in connection with your access to and use of the Site, the Content, and the materials and services available on or through the Site or through Earth Moment. You and Earth Moment each expressly waive any claim that venue is improper for any reason in these courts. Questions Regarding The Site or these TermsPlease contact us with any questions regarding the Site or these Terms by e-mail at info@earthmoment.com or by calling (TBD). AcknowledgementBY USING AND ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY REFERENCED HEREIN. |
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