This agreement is between Earth Knowledge, Inc., doing business at earthknowledge.net. ("We", "us", "our") and the person or entity whose electronic agreement is documented below ("you", "your").
GENERAL TERMS AND CONDITIONS
Earth Knowledge Content and its Permitted Use.
Any content provided at this site, including images, audio and/or text ("Earth Knowledge Content") can only be used by you, subject to the restrictions below, for the following purposes, only while you are a subscriber, and provided you do not violate these terms and conditions:
- To view and/or download the Earth Knowledge Content for your personal use only.
- To make a single hard copy of a piece of Earth Knowledge Content for your personal use only
- To interact with this site in regard to the Earth Knowledge Content provided at this site, or in regard to your questions, inquiries, suggestions, and/or reactions to the Earth Knowledge Content provided at this site.
Prohibited Use of Earth Knowledge Content
However, you may NOT
LIMITATION OF WARRANTY AND DAMAGES.
- distribute Earth Knowledge Content, electronically or in hard copy, to anyone else,
- authorize anyone else to use the Earth Knowledge Content for any purpose, or resell, license or otherwise make the Earth Knowledge Content available for use or distribution,
- share Earth Knowledge Content across a network, on a CD, or in any other way;
- under any circumstances, use automated or programmatic means or methods to download Earth Knowledge Content,
- use the term Earth Knowledge or use Earth Knowledge Content in any logo or as a part of any trademark
- use Earth Knowledge Content in any downloadable format intended for multiple distribution including web site templates, software products, etc.
- under any circumstances, use Earth Knowledge Content in connection with any pornographic, obscene, immoral, or illegal materials;
- use any of the Earth Knowledge Content for any commercial purposes,
- use Earth Knowledge Content to compete with us.
EXCEPT AS PROVIDED IN THIS AGREEMENT, EARTHKNOWLEDGE.NET MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY CONTENT AT THIS SITE, INCLUDING EARTH KNOWLEDGE CONTENT, AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED "AS IS." ANY WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY EARTHKNOWLEDGE.NET. WITH RESPECT TO THE SITE AND ANY CONTENT AT THIS SITE.
EARTHKNOWLEDGE.NET DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT EARTHKNOWLEDGE.NET WILL CORRECT ANY ERRORS, OMISSIONS, OR DEFECTS. YOU ASSUME THE COST OF SERVICE, REPAIRS, OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE, OR OTHER EQUIPMENT.
IN NO EVENT WILL EARTHKNOWLEDGE.NET OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THIS SITE, EVEN IF EARTHKNOWLEDGE.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF EARTHKNOWLEDGE.NET OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
POSTING COMMENTS AGREEMENT
This site allows you to post comments. If you submit such a posting, you must provide us with sufficient information as to your identity, location and contact information to enable us, or anyone else to contact you in regard to your posting.
We have the unrestricted and unqualified right to review your proposed posting, and to decide, in our sole discretion, whether to post the comments. If we do post the comments, we will include a statement that the posting contents, and any information, opinions or advice in the posting are solely yours, and are not endorsed or in any way agreed to or vouched for by us.
You represent and warrant that your posting (a) does not violate any applicable law or regulation of any country, state, or other governmental entity, (b) does not violate anyone else's copyrights, trademarks, confidential information, moral rights, or any other proprietary rights, and (c) is not libelous, defamatory or slanderous in regard to any person.
You take full responsibility for the posting, and for any consequences that result from the posting, and you agree to indemnify, hold harmless and defend us, including our officers, employees, and agents, against any and all claims, suits, losses, damages, costs, fees, and expenses (including any attorney fees we incur) resulting from or arising out of your posting.
YOU ACKNOWLEDGE AND AGREE THAT EARTHKNOWLEDGE.NET HAS NOT MADE, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO ANY POSTING YOU MAY MAKE AT THIS SITE, AND TO THE FULLEXT EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS".
ANYTHING POSTED AT THIS SITE IS SOLELY THE POSTING OF THE PERSON IDENTIFIED IN THE POSTING. EARTHKNOWLEDGE.NET AND ITS EMPLOYEES DO NOT ENDORSE, AND ARE NOT RESPONSIBLE FOR ANYTHING IN ANY POSTING AT THIS SITE.
PRODUCT AND CONTENT AVAILABILITY
Products, services, content and programs at this site may not be available in your country. References to any product, service, content or program do not imply that Earthknowledge.net intends to make available such products, services, or programs in your country.
UNITED STATES GOVERNMENT EXPORT CONTROLS
Some Earth Knowledge Content and/or software at this site may be subject to United States export controls. No software or content from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software and/or Earth Knowledge Content at this site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
LINKS TO THIRD PARTY SITES.
EARTHKNOWLEDGE.NET PROVIDES LINKS TO THIRD-PARTY SITES AS A CONVENIENCE TO YOU. EARTHKNOWLEDGE.NET DOES NOT CONTROL THIRD PARTY SITES OR LINKS TO THIRD PARTY SITES. EARTHKNOWLEDGE.NET IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITES. LINKS TO THIRD-PARTY SITES ARE NOT ENDORSEMENTS BY EARTHKNOWLEDGE.NET OF SUCH SITES.
NOTHING IN THIS AGREEMENT IS INTENDED TO GIVE YOU ANY RIGHTS IN ANY MATERIALS AT A THIRD PARTY SITE. YOUR RIGHTS IN RESPECT TO MATERIAL AT A THIRD PARTY SITE ARE GOVERNED COMPLETELY BY THE TERMS AND CONDITIONS OF THAT THIRD PARTY SITE.
YOU represent and warrant that:
This Agreement constitutes the entire agreement between you and Earthknowledge.net regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions. Failure by Earthknowledge.net to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. Arizona law governs this Agreement. The parties consent to jurisdiction over them in any state or federal court in Arizona, waive any claim or defense that such forum is not convenient, and consent to service of process by any means authorized by Arizona law.
- You are at least 18 years of age and have the right to enter into this Agreement;
- You do not reside in any country to which export of USA products are prohibited or restricted;
- You will not use the Earth Knowledge Content in any way that is not permitted by this Agreement;
- Your use of the Earth Knowledge Content will not violate any applicable law or regulation of any country, state, or other governmental entity;
- The information you provide this Earthknowledge.net Site is accurate and true, including without limitation all credit card information.
TERM AND TERMINATION
The term of your subscription will continue so long as your subscription fees are timely paid. If your subscription fees are not paid, your subscription terminates. Upon termination, you have NO right or authorization to download and use anything at this website, and you must destroy any Earth Knowledge Content (electronic, hard copy or other form) in your possession. Any links are gratuitous and Earthknowledge.net assumes no responsibility to you or to anyone else regarding those links. IF you download or otherwise reproduce any material from a linked site, you agree to INDEMNIFY, DEFEND AND HOLD US HARMLESS from any damages relating to the UNAUTHORIZED use of any such downloaded or reproduced material.
You understand and agree that we may retain information about you, the time and/or circumstances under which you download any material from this site, and that if you download any material from this website we are authorized to identify and to provide to anyone having the legal right to investigate your download from this site any information we may have about you, or any information we may have about the time and/or circumstances under which you download any material from this site.
Your acknowledgement below is your agreement to strictly adhere to all of the foregoing terms and conditions.
You have agreed, and reaffirm your agreement to conduct this transaction electronically.