Terms of use

These Terms of Use (“Terms”) apply to the website at earthfinance.com, including all associated websites owned or operated by Earth Finance, Inc., and its affiliated entities (“Earth Finance,” “we,” “our” or “us”) that link to or reference these Terms (collectively, the “Site”).

By visiting or using the Site, you agree to be bound contractually by these Terms and you also consent to our Privacy Policy. (Don’t worry, we are not using these Terms to take your first born child or anything like that; we are just managing the appropriate and lawful use of the Site.) If you do not agree to these Terms, you are not authorized to use the Site, and you must discontinue your use of the Site. You agree that these Terms, together with the Privacy Policy, represent our entire understanding and agreement regarding the right we have granted you for your use and activities on the Site.

As this Site is owned and operated by Earth Finance, we may modify, alter, update, supplement or remove portions of these Terms at any time in our sole discretion, including any Site Content described below. We will note prominently at the beginning or the end of the Terms the date of our most recent revision. We will not provide notice of any updates or modifications, and you are therefore responsible under these Terms for checking if there have been any updates or modifications to the same. Your continued use of the Site following any such updates constitutes your acceptance of the updated terms.

Site Content

“Site Content” is defined as all information, content, text, code, graphics, photographs, images, interfaces, media, technology, functional features and other materials that comprise, are displayed or are provided on or through the Site. Your use of any Site Content must respect any and all of our suppliers’ proprietary rights in the Site Content, and are subject to these Terms.

The Site may include links to other third party-owned and operated websites, information, content and/or other services (collectively, “Third Party Content”). If you access or use any Third Party Content from or via the Site, you will be subject to any of the respective third party terms and policies. Any Third Party Content accessed from or through the Site does not imply any affiliation, sponsorship or endorsement by Earth Finance, and Earth Finance is not responsible for the availability, accuracy or utility of any Third Party Content. Your access to any Third Party Content via the Site is at your own risk, and Earth Finance expressly disclaims and is not liable for any harm, loss or damage that you may experience as a consequence of accessing or using any Third Party Content through the Site.

Site Restrictions

The Site is intended for a general audience and non-exclusive use only. We prohibit you from monetizing the Site in any way. You are further prohibited from and will not (and will not encourage, assist or enable others to):

a) Transmit any computer viruses, worms, exploits, Trojan horses or other harmful materials on or through the Site;

b) Use any robot, spider, site search/retrieval application or other automated device, process or means to access or scrape any of the Site;

c) Use or attempt to use the Site in any manner that could damage, disable or interfere with the Site’s availability or function, including any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or Earth Finance’s systems or networks;

d) Modify, decompile, disassemble, reverse engineer or create derivative works based on the Site;

e) Gain or attempt to gain unauthorized access through hacking, phishing, social engineering or any other means to Site Content or Third Party Content that is not purposely made available on the Site, including any servers, systems, networks or security related features;

f) Copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Site Content without a written license agreement or other written form of consent executed by an authorized representative of Earth Finance;

g) Violate Earth Finance’s or any third party's rights, including any breach of confidentiality, privacy, intellectual property or other proprietary rights; or

h) Violate these Terms or any applicable laws in connection with accessing or using the Site.

Feedback

“Feedback” means any ideas, suggestions, or comments that you provide to Earth Finance related to the Site or any other of Earth Finance’s works, technologies, products, service, or business activities (in beta, pre-release, or released versions). You agree that you have no expectation of, and Earth Finance has no obligations for, confidentiality or privacy in any Feedback you provide. You grant Earth Finance a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish, or perform any Feedback and to make, have made, sell, offer to sell, and import any products, services, or materials existing now or in the future that include or incorporate any of your Feedback, including but not limited to on the Site.

Intellectual Property

Earth Finance and/or its licensors own and retain all rights to the Site and Site Content, including all intellectual property rights thereof. No ownership, interest or other rights in any part of the Site or Site Content is given to you. Earth Finance reserves all rights not expressly granted herein.

Trademarks

The Site contains trademarks (i.e., word marks, service marks, logos and design marks) that Earth Finance, Inc., or its affiliates own. To the extent there are any third party trademarks displayed on the Site, such trademarks are owned by the respective third party owner. No trademarks appearing on the Site may be used, reproduced, modified or redistributed for any marketing, publicity, commercial or other purpose without prior written authorization from the trademark owner.

Disclaimer

THE SITE, INCLUDING ALL SITE CONTENT, IS PROVIDED ON AN "AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAWS, EARTH FINANCE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EARTH FINANCE MAKES NO CLAIMS OR GUARANTEES ON THE ACCURACY OR QUALITY OF ANY SITE CONTENT, NOR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EARTH FINANCE AND ITS LICENSORS ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OR RELIANCE ON THE QUALITY, ACCURACY, SECURITY OR RELIABILITY OF THE SITE OR SITE CONTENT. YOUR USE OF THE SITE AND ANY SITE CONTENT IS AT YOUR SOLE RISK AND DISCRETION.

The Site is provided for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. The Site should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL EARTH FINANCE, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, OR LOSS OF DATA) ARISING OUT OF OR RELATING TO THE SITE OR SITE CONTENT, EVEN IF EARTH FINANCE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE MAXIMUM, AGGREGATE LIABILITY OF EARTH FINANCE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED US DOLLARS ($100).

Indemnification

To the maximum extent permitted by applicable laws, you agree to indemnify, defend and hold harmless Earth Finance, and its affiliates’ respective officers, directors, employees, agents and representatives (collectively, the “Indemnified Parties”), including all costs, liabilities and attorneys’ fees, from any claim or demand made by you or any third party arising out of or relating to (i) your use of the Site or Site Content, (ii) your violation of these Terms, or (iii) any infringement, misappropriation or violation by you of any intellectual property, proprietary, privacy, publicity or other rights. You agree to not settle or admit liability or fault on behalf of any Indemnified Party without its prior written consent. Earth Finance will use commercially reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and Site Content, including without limitation all laws applicable to the United States and the territory or jurisdiction in which you are located.

Notice of Copyright Infringement

If you believe that your work has been used related to these Terms or on the Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us at info@earthfinance.com directing your email to the attention of “Earth Finance Website Copyright Agent” or contact our copyright agent as follows:

‍Attention:

Earth Finance Website Copyright Agent

601 Union St. Ste. 3532, Seattle, WA 98101

You must provide all of the following in writing: identify the copyrighted work that you claim has been infringed (or if multiple copyrighted works, then a representative list of such works); identify the content on the Services that you claim is infringing with enough detail so that we may locate it; your statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; your statement declaring that the notification is accurate, and, under penalty of perjury, that you are the exclusive owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; information reasonably sufficient to permit us to contact you, i.e. address, telephone number, and email address; and your physical or electronic signature.

On receiving your above notice, we will take whatever action, in our sole discretion, we believe is appropriate, including removal of the disputed use from the Site.

Governing Law and Venue

These Terms are governed by the internal laws of the State of Washington without regard to any conflict of law rules. For any claims or disputes arising or relating to these Terms, you agree to irrevocably submit to the personal and exclusive jurisdiction and venue of the state and federal courts in King County, Washington.

Termination

Earth Finance may suspend or terminate the Site at any time without notice or liability to you. In the event of any termination, provisions of these Terms that are reasonably intended to survive termination will survive.

Miscellaneous‍

The section headings in these Terms are for convenience only and have no legal effect on the interpretation of these Terms. Earth Finance’s failure to exercise any right in any respect shall not be deemed a waiver unless specified in writing and issued by an authorized representative of Earth Finance. If any provision of these Terms is found to be unenforceable or invalid, then only that provision will be modified to reflect the intent or eliminated to the minimum extent necessary, and the remainder of these Terms will remain in full force and effect. You may not assign, transfer, delegate or sublicense these Terms or your obligations hereunder, and any such attempt to do so is and will be invalid.