Terms of Use

Earth Knowledge, Inc. (“Earth Knowledge,” “we,” “us” or “our”) provides access to information, products and services through the www.earthknowledge.net/ website (the “Website”) to you (“you” or “your”), subject to the following terms and conditions (the “Terms”), which may be revised and updated by Earth Knowledge from time to time, with or without notice to you.

Please read these Terms carefully upon first vising the Website and refer to these Terms periodically to make sure that you are aware of the most current terms and conditions. All changes to these Terms are effective immediately once posted and apply to any visitation to the Website from that point forward, whether or not you are notified individually of such changes.

By accessing the Website, you accept and agree to be bound by: 1) these Terms, including the binding arbitration clause, and 2) our privacy policy, found at www.earthknowledge.net/privacy-policy (the “Privacy Policy”), which is incorporated by this reference.

If you have a question about these Terms or just want to reach out, please email us at info@earthknowledge.net.

Earth Knowledge and the Website

The Website provides users with access to information on proprietary scientific modeling and forecasting insights related to sustainability, as well as financial risks and opportunities. In connection with the Website, Earth Knowledge’s products and services also promote enhanced product adoption or useability and the transfer of scientific knowledge.

Access to the Website

General, public content available on the Website may be viewed by anyone. Access to Earth Knowledge’s products or services, or restricted areas of the Website, may require a user account and be subject to separate terms and conditions governing your access to and use of such products, services or restricted areas.

In addition to complying with these Terms, you alone are responsible for:

·         All third-party fees, charges or other costs associated with your access to and use of the Website, including any costs associated with your wireless subscriber services and internet services used to access the Website.

·         Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, text, displays, images, videos and audio, and the design, selection and arrangement thereof) are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Subject to your compliance with these Terms, we grant you a personal, non-transferable, non-exclusive, revocable, limited license to visit, access and use the Website, and to download any materials, media or content available on the Website, solely as permitted by these Terms. We reserve all rights not expressly granted to you herein. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

·         Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

·         You may store files that are automatically cached by your Web browser for display enhancement purposes.

·         You may print or download one copy of any downloadable materials, media or content for your own use in connection with marketing our products or services and not for further reproduction, publication or distribution.

·         If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

·         Modify copies of any materials, media or content from the Website.

·         Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text or logo.

·         Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

Trademarks

Our name, our logo and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

Prohibited Uses

Unless we have otherwise agreed with you in writing, you may only use the Website for internal business purposes. In any event, all use of the Website must be lawful, and you agree to notify us if you learn of any misuse.

By visiting, accessing or using the Website, you agree not to:

·         License, sell, transfer, assign, distribute, host or otherwise commercially exploit the Website, including any content made available through the Website.

·         Modify, prepare derivative works of, disassemble, decompile or reverse engineer any part of the Website, including any content made available through the Website.

·         Access the Website in order to build a similar or competitive website, product, application or service without our express prior written consent.

·         Attempt to gain unauthorized access to any services, portals, platforms or restricted areas of the Website or other Earth Knowledge properties.

·         Upload, transmit or otherwise distribute to or through the Website any computer viruses, worms or other software intended to harm or interfere with the intended operation of a computer system or data.

·         Use the Website in any manner that could interfere with, disrupt, negatively affect or prevent other users from using the Website or that could damage, disable, overburden or impair the functionality of the Website in any manner.

·         Intentionally interfere with or negate any content available on or in connection with the Website.

·         Use any scrapers, crawlers, bots or other automated program to access, query or search the Website.

·         Attempt to circumvent any content-related limitations or security procedures that we use.

·         Use the Website to violate any law or infringe our rights, or the rights of any other person or entity.

We reserve the right to modify, suspend or discontinue the Website at any time, with or without notice to you. We will not be liable if, for any reason, all or any part of the Website is unavailable for any period. From time to time, we may restrict access to or use of some or all of the Website to users generally or to you individually, for any or no reason.

Third-Party Content

You acknowledge that the Website may contain content posted by third parties and links to third-party websites, resources, products or services, which may be posted by advertisers, our affiliates, our partners or other users (“Third-Party Content”). You also acknowledge that the Website may contain sponsored Third-Party Content or advertisements and that we may place advertisements in connection with the display of any content or information about Earth Knowledge and our products or services. We do not control Third-Party Content and accept no responsibility for such content, or for any loss or damage that may arise from your access to or use of such content. If you decide to access or use any Third-Party Content, you do so entirely at your own risk and subject to the terms and conditions of use for such content.

Our Rights and Obligations

We do not undertake to review any Third-Party Content before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posed. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Feedback

You may, from time to time, submit or recommend to us additional features, functionality, performance, comments, data, ideas, descriptions or other information (collectively, “Feedback”) that we may subsequently incorporate into the Website or other Earth Knowledge products or services. Earth Knowledge and our successors and assigns may freely use, copy, disclose, sublicense, distribute, display and exploit any Feedback in connection with any of our products or services in any manner without any obligation, payment, royalty or restriction based on intellectual property rights, confidentiality or otherwise. You hereby: (i) grant Earth Knowledge a worldwide, non-exclusive, royalty-free, perpetual right and license to use and incorporate such Feedback into any Earth Knowledge product or service, including without limitation the Website; and (ii) acknowledge that any Earth Knowledge product or service incorporating such new features, functionality, or performance will be the sole and exclusive property of Earth Knowledge and all such Feedback will be free from any confidentiality restrictions that might otherwise be imposed on us.

Disclaimers of Warranties

You understand that we cannot and do not guarantee or warrant that the Website, or any files or content available for download from the internet or through the Website, will be free of viruses or other harmful code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for antivirus protection, accuracy of data and for maintaining a means external to our site for any reconstruction of any lost data.

THE WEBSITE AND ALL CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER EARTH KNOWLEDGE NOR ANY PERSON ASSOCIATED WITH EARTH KNOWLEDGE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT AVAILABLE THROUGH THE WEBSITE.

WITHOUT LIMITING THE FOREGOING, EARTH KNOWLEDGE DOES NOT WARRANT OR REPRESENT THAT THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. EARTH KNOWLEDGE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS TO OR USE OF THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY MATERIALS DOWLOADED FROM IT, POSTED ON IT OR LINKED TO IT.

EARTH KNOWLEDGE DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY SERVICES, PRODUCTS OR CONTENT AVAILABLE ON OR LINKED TO THE WEBSITE OR THE ACTIONS OF ANY THIRD PARTY OR USER.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR OTHERWISE, WILL EARTH KNOWLEDGE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE WEBSITE, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE OR ILLEGAL.

ACCESS TO, AND USE OF, THE WEBSITE AND RELATED CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF EARTH KNOWLEDGE EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF EARTH KNOWLEDGE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law and Arbitration

Any dispute, claim or controversy arising from or relating to these Terms or your use of the Website, including disputes arising from or concerning the interpretation, violation, invalidity, nonperformance or termination, shall be settled by arbitration administered under the Rules of Arbitration by the American Arbitration Association applying Arizona law. The place of arbitration shall be Tucson, Arizona. Any such dispute, claim or controversy shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any dispute or claim of any other party. By using the Website, you hereby waive all rights to trial in any action or proceeding instituted in connection with these Terms or the Website.

Miscellaneous Terms

These Terms, together with any applicable terms relating to Earth Knowledge’s products or services, constitute the entire agreement between you and us regarding your access to and use of the Website. If any provision of these Terms is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms will remain in effect. Any failure by us to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We reserve the right to freely assign or transfer these Terms. All Feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@earthknowledge.net.

Privacy Policy