PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT REQUIRES YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Accessing the Website
Use of Services
In particular, You agree that when using the Services, You will not:
- Use the Services in connection with surveys, contests, chain letters, junk email, illegal schemes, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, illegal, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Use the Services to transmit files that contain viruses, malware, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Use the Services in any manner which could be perceived as deceptive or dishonest.
- Use the Services to advertise for sale any illicit products or services.
- Download any file posted by another user of the Services that You know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Services.
- Harvest or otherwise collect information about others, including e-mail addresses or any other information that could be deemed ‘personal’ in nature.
- Create a false identity for the purpose of misleading others, or otherwise provide false registration information for any Services which may require registration.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Eirth reserves the right to review your use of the Services and restrict or terminate Your access to the Services at any time, without notice, for any reason whatsoever. Eirth further reserves the right at all times to disclose any information as Eirth deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Eirth’s sole discretion.
Your use of some Services may require payment to Eirth. Services that are conditioned upon payment to Eirth are accompanied by payment terms specific to that Service. If You do not comply with the payment terms of the Services, Eirth reserves the right to restrict or terminate Your use of the Services without notice to You, and if applicable, delete any data You input or store using the Services.
Legal Disclaimer and Limitation of Liability
Eirth does not warrant the accuracy, reliability or timeliness of any information published on the Website, nor does it endorse any content, viewpoints, products, or services linked from this Website, and shall not be held liable for any losses caused by reliance on the accuracy, reliability, or timeliness of such information. Portions of such information may be incorrect or not current. Any person or entity that relies on any information obtained from the Website does so at their own risk.
This Website may provide links to other websites that are not under the control of Eirth. Eirth shall not be responsible for the content of such other websites. To the extent applicable, Eirth provides such links only as a convenience to You, and the inclusion of any link to any such websites does not imply endorsement by Eirth of the content of such websites.
ALL CONTENT AND OTHER INFORMATION MENTIONED ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” BASIS. EIRTH HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT OR OTHER INFORMATION. EIRTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. EIRTH DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY EIRTH ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.
IN NO EVENT SHALL EIRTH OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE CONTENT.
Copyright and all other intellectual property rights for the Website and all material mentioned on it, including but not limited to software, audio, video, text, image and photographs (hereinafter referred to as “Content”) and Services rests with Eirth, its affiliates or its licensors. All rights in the Content and Services not expressly granted herein are reserved by Eirth, its affiliates or its licensors. Unless otherwise provided, the Content and Services published on this Website may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the Content or Services, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Eirth is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
Unless otherwise specified, the Services are for non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from or by using the Services. For the avoidance of doubt, any media, files, applications, or code downloaded from the Websites may only be used for non-commercial purposes unless otherwise specified.
Linking to Websites
Eirth consents only to links to the Website in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent Your relationship with Eirth; (c) imply that Eirth approves or endorses You, Your website, or your service or product offerings; and (d) present false or misleading impressions about Eirth or otherwise damage the goodwill associated with the Eirth name or its trademarks.
You further agree that Eirth may at any time, in its sole discretion, terminate permission to link to the Websites or to the use Eirth’s trademarks and/or copyrights. In such event, You agree to immediately remove all links to the Websites and to cease any related use of Eirth’s trademarks and/or copyrights.
You shall indemnify and hold Eirth, its officers, boards, employees and agents harmless from any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liabilities of any kind whatsoever, including but not limited to, attorney’s fees and costs of defense which may be the result of Your willful, negligent or tortious conducts, including but not limited to Your violation of any third-party intellectual property rights or licenses, arising out of Your use of the Websites or Services, regardless of whether or not the willful, negligent, or tortious act is caused in part by Eirth.
Governing Law and Arbitration
You agree that any claim You may have against EIRTH, including EIRTH’s past and present affiliates, officers, directors, employees and agents, must be brought individually IN ACCORDANCE WITH THIS SECTION, and You shall not join such claim with claims of any other person or entity or bring, join or participate in a class action against EIRTH.
Eirth Systems, Inc.
120 South 6th Street, Suite 9000
Minneapolis, MN 55402