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Please note that by accessing, viewing, using, or downloading materials from the Website, you agree to be legally bound by all of the terms, conditions and notices contained or referenced in this Agreement.
We may revise the information on the Website or otherwise change or update the Website, including this Agreement. If we make changes to this Agreement, we will post notice of the modifications to the Agreement on this page. Please check the “Last Modified” legend at the top of this page to see when this Agreement was last revised. Changes will become effective no sooner than fourteen days after they are posted. Nevertheless, if the changes are required by law, then they will be effective immediately. A current version of this Agreement showing the effective date is always available at this location. We encourage you to periodically review this Agreement to see if there have been any changes to our policies that may affect you. Erth Inc. may also make improvements and/or changes in products described on this Website, add new features, or terminate this Website at any time without notice. If you do not agree to the Agreement as modified, then you must discontinue your use of the Website. Your continued use of this Website will signify your continued agreement to this Agreement as it may be revised.
Erth Inc. does not want you to, and you should not, send any confidential or proprietary Content to Erth Inc. through this Website unless specifically requested by Erth Inc. Please note that any unsolicited Content sent to Erth Inc. will be deemed not to be confidential or proprietary.
By submitting Content, other than personally identifiable information, through this Website, you grant to Erth Inc. (or warrant that the owner of such information and material has expressly granted to Erth Inc.) a royalty-free, perpetual, irrevocable, and unrestricted right and license (a) to use, reproduce, display, modify, adapt, publish, translate, transmit and distribute or otherwise make available to others such Content (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed; (b) to exercise all copyright, trademark, publicity, privacy and other proprietary rights with regard to such Content; and (c) to use your name, or screen name, hometown, photograph, portrait, picture, voice, likeness and biographical information as news or information in any and all media and for advertising or promotional purposes, whether or not in connection with your Content. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website, and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Website and under this Agreement. You also agree that Erth Inc. is free to use any ideas, concepts, know-how or techniques that you send to Erth Inc. for any purpose. PLEASE DO NOT SEND US ANY IDEAS, SUGGESTIONS, OR OTHER CONTENT THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION.
You shall not upload, post or otherwise make available on or through this Website any Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.
You are not obligated to register with Erth Inc. in order to access this Website. However, certain sections and features of this Website, such as certain features of the Design Tool feature, are available only to visitors to this Website who have registered for user IDs and passwords (“Secure Users”). If you are a Secure User, you agree to accurately maintain and update any information about yourself that you have provided to Erth Inc. If you do not maintain such information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of this Website. You further agree that you are responsible for all activities that occur under your Secure User account or password. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access the Website in violation of this Agreement. You may only have one active Secure User account on this Website at any given time and only you may use your designated account to access the Website. You also agree to promptly notify us of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to this Website by emailing us at [firstname.lastname@example.org]. In addition, you agree to exit from your Secure User account at the end of each session. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
We may host message boards, chat rooms, blogs, and other interactive forums or services (each, a “Forum”) on the Website. Forums are intended to serve as discussion centers. Any user failing to comply with this Agreement may be expelled from and refused continued access to Forums in the future. You understand that Erth Inc. staff, Erth Inc.’s outside contributors, or other users connected with Erth Inc. may participate in Forums or other aspects of the Website and may employ anonymous user names when doing so. You acknowledge and agree that Forums are public spaces and that your participation in such Forums creates no expectation of privacy. Further, you acknowledge that any personal information you communicate in Forums may be seen and used by others. We are not responsible for information that you or others choose to communicate in Forums, or for your actions or the actions of other users. Erth Inc. or its designated agents may remove or alter any information or content posted or otherwise disclosed in any Forum at any time for any reason. NEVERTHELESS, IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK.
You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and/or civil penalties against you. Erth Inc. will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.
Unless otherwise expressly authorized in this Agreement or on the Website, you may not take any action to interfere with the Website or any other user’s use of the Website. While using the Website you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. In addition, we expect users of the Website to respect the rights and dignity of others. Your use of the Website is conditioned on your compliance with the rules of conduct set forth in this section. You may not (and you expressly agree that you will not) do any of the following, which violate this Agreement:
Content made available on this Website is protected by copyright, and, except as set forth below, the use of any Content available on this Website is strictly prohibited. No Content from this Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may use Content purposely made available by Erth Inc. for downloading from this Website, provided that you (1) keep intact all copyright and other proprietary notices, (2) use such information pursuant to any licenses associated with such Content, (3) do not copy or post such information on any networked computer or broadcast it in any media, (4) make no modifications to any such information, and (5) do not make any additional representations or warranties relating to such information. You agree not to circumvent, disable, or otherwise interfere with security related features of this Website or features that prevent or restrict use or copying of any Content.
Any unauthorized use or modification of any of the Content available on this Website is a violation of the copyrights and other proprietary rights of Erth Inc., or other copyright owners where so indicated. Permission for all other uses of Content contained herein, including reproducing and distributing multiple copies or using Content on any other website or networked computer or linking to any page at this Website except the “home page” [www.erthcoverings.com] must be obtained from Erth Inc. or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests for such authorization from Erth Inc. should be submitted via an email to [email@example.com]. All design rights, databases and compilation and other intellectual property rights associated with this Website, in each case whether registered or unregistered, and related goodwill, are proprietary to Erth Inc. Except as otherwise expressly authorized herein or in writing in advance by Erth Inc., you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on all or any part of the Website or the Content.
All rights in the trademarks, service marks, logos, trade names, product names, product packaging and designs of Erth Inc. or third parties whether or not appearing in large print or with the trademark symbol, belong exclusively to Erth Inc. or their respective owners and are protected under national and international trademark and copyright laws. Except as otherwise permitted on the Website, you are not permitted to reproduce, download or otherwise use such trademarks, service marks, logos, trade names, product names, product packaging and designs without the prior express written consent of the owner of such mark.
If you believe that any Content on this Website infringes upon any copyright which you own or control, you may send a written notification to Erth Inc.’s Designated Copyright Agent (the “Designated Agent”) as set forth below.
Designated Agent: [insert designated agent]
If you believe that your copyrighted work is available on the Website in violation of your copyright, you may provide our Designated Agent with a written notice which contains substantially the following information:
(a) Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the alleged infringing material. If multiple copyrighted works are covered by your notification, you may provide a representative list of such works.
(b) Identify the URL or other specific location on the Website that contains the alleged infringing material described in Item (a) above. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material.
(c) Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
(d) Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
(e) Include a statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
(f) Include your name, mailing address, telephone number and email address.
Erth Inc. has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users of the Website who are deemed to be repeat infringers.
Erth Inc. may provide on this Website, solely as a convenience to users, links to websites operated by our affiliates or other entities. If you use these websites, you will leave this Website. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Erth Inc. does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Erth Inc. is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of Erth Inc.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Any information, statements, opinions or other information provided by third parties and made available on this Website are those of the respective author(s) and not Erth Inc. We do not guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any opinion, advice, service, offer, statement or other Content on the Website other than those from an authorized Erth Inc. representative acting in his/her official capacity. Under no circumstance will Erth Inc. be liable for or in connection with any loss or damage caused by your reliance on any Content.
You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (a) evaluate Content before allowing it to be posted on the Website or any Forum; (b) monitor Content; (c) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (d) disclose any Content, and the circumstances surrounding their transmission, to any third party in order to operate the Website; to protect Erth Inc., and the Website’s users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.
Erth Inc. may terminate your use of this Website or any of its features at any time and for any reason without notice for conduct violating this Agreement. Upon any such termination, you must destroy all Content obtained from this Website and all copies thereof. The provisions of this Agreement concerning Website security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of this Website is terminated pursuant to this Agreement, you will not attempt to use this Website under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you indemnify and hold us harmless from any and all liability that we may incur therefore.
ERTH INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RESPECTING THE CONTENT AVAILABLE ON THIS WEBSITE OR ANY OTHER WEBSITES LINKED TO OR FROM THIS WEBSITE. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THIS WEBSITE IS DONE AT YOUR OWN RISK. THE CONTENT OF THIS WEBSITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, ERTH INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
ERTH INC. AND EACH OF ITS AFFILIATES, SUBSIDIARIES, DIVISIONS, PARENT AND RELATED COMPANIES (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS WEBSITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR LINE FAILURE. RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
You agree to indemnify, defend and hold Erth Inc. and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of this Agreement; (ii) your activities in connection with this Website; or (iii) unsolicited information you provide to Erth Inc. through the Website.
This Website is intended for use only by persons over the age of 18. Erth Inc. does not seek to collect information about children under the age of 18. If you are under 18 years of age, please do not use or access this Website at any time or in any manner. By using the Website, you affirm that you are over the age of 18.
In the event a court having jurisdiction finds any portion of this agreement unenforceable, that portion shall not be effective and the remainder of the agreement shall remain effective.
The Website is controlled and operated by Erth Inc. from our offices within the Province of Ontario, Canada. Erth Inc. makes no representation that materials in the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Website from jurisdictions where the contents of the Website are illegal or penalized is prohibited.
If you have questions about this Agreement, or if you have technical questions about the operation of the Website, please contact us at firstname.lastname@example.org or by phone at 1 866 657 6606.