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2. On-line Services and Disclaimer of Warranty. The OurEarth website provides online resources including, but not limited to, information regarding environmental awareness. Any new services, resources, or informational content added to the website shall fall under the terms of this TOS Agreement. YOU AGREE THAT YOUR USE OF THE OUREARTH SITES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE OUREARTH SITES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON ANY OUREARTH SITE OR ANY MATERIAL AVAILABLE THROUGH THE OUREARTH SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE OUREARTH SITES.
THE OUREARTH SITES ARE PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE OUREARTH SITES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE OUREARTH SITES, NOR DO THEY GUARANTEE THAT THE OUREARTH SITES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE OUREARTH SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL THE OUREARTH SITES, OR THEIR AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE OUREARTH SITES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE OUREARTH SITES, AND THEIR AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF THE OUREARTH SITES, AND AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE OUREARTH SITES WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO OUREARTH FOR THE USE OF THE OUREARTH SITES.
4. User account. Users will select a username and password upon completing the registration process. Users are fully responsible for maintaining the confidentiality of their username and password. Users agrees to immediately notify OurEarth via email should User know, or have reasonable grounds to suspect, that the username and password have been compromised. OurEarth shall not be responsible for User's failure to abide by this Paragraph.
5. Informational content supplied by Users. User understands that all information provided by User on the OurEarth website, or privately transmitted through the OurEarth website, are the responsibility of the User from which such informational content has originated. User is fully responsible for any and all informational content that user uploads, posts, e-mails, or transmits using the OurEarth website. OurEarth does not and cannot control the informational content Users transmit through the OurEarth website. Under no circumstances shall OurEarth be held liable for User's exposure to informational content that User deems offensive, indecent or objectionable. Under no circumstances shall OurEarth be held liable for any errors or omissions in any informational content transmitted by Users.
6. User conduct. User agrees to not use the OurEarth website to:
(a) upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;
(b) harm legal minors;
(c) collect personal information on, ''cyberstalk'' or harass another User, or engage in conduct that negatively affects the on-line experience of another User;
(d) impersonate another User, person, or entity, including any official or employee of OurEarth;
(e) intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;
(f) upload, post or transmit any software or files that contain software viruses or other harmful computer code;
(g) interfere with the operation of OurEarth's web servers or other computers or Internet or network connections;
(h) upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
(i) upload, post or transmit any unsolicited or unauthorized advertising, including ''spam'' or ''junk mail.''
OurEarth does not pre-screen uploaded, posted or transmitted content, but OurEarth reserves the right to inspect, edit and delete any content that OurEarth knows, or has reason to know, has violated this TOS Agreement. OurEarth reserves the right to immediately, and without notice, terminate the account of any User found to have violated the provisions of this TOS Agreement. OurEarth may disclose any informational content Users post, upload or transmit to the OurEarth website, if such disclosure is necessary to enforce this TOS Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of OurEarth, the public, or other Users.
7. Content submitted by Users. OurEarth does not claim ownership of any informational content submitted by Users to the OurEarth website. User grants OurEarth a non-exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to the OurEarth website. This license exists only so long as User allows its content to remain on the OurEarth website and will terminate in the event that User removes such content.
8. Indemnity. You agree to indemnify and hold OurEarth, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, moderators, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. No resale. User agrees not to reproduce, copy, duplicate, or sell any portion of the OurEarth website.
10. Limits and modifications. OurEarth may establish without notice limits on the use of its website, including the maximum number of times Users may post to or participate in the on-line communities, or to the number of times Users may access the OurEarth website. OurEarth reserves the right to modify any and all portions of the OurEarth website without notice. Under no circumstances shall OurEarth be liable to User or any other party for such limits or modifications.
11. Termination of User account. OurEarth may, at its sole discretion, terminate the User's account for any reason. Under no circumstances shall OurEarth be liable to User or any other party for such termination of User's account.
12. Third party advertisers. OurEarth may allow third party advertisers to advertise on, or sponsor, the OurEarth website. OurEarth takes no responsibility for User's dealings with, including any on-line or other purchases from, any third party advertisers or sponsors. OurEarth shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers or sponsors.
13. Hyperlink policy. The OurEarth website contains hyperlinks to other Internet sites not under the editorial control of OurEarth. These hyperlinks are not express or implied endorsements or approvals by OurEarth, of any products, services, or information available from these sites.
14. OurEarth's intellectual property rights. User agrees not to distribute, license, or create derivative works from any of OurEarth's copyrighted or trademarked material, including graphic files and software, available on the OurEarth website.
15. Notice. Notices may be posted to the OurEarth website or e-mailed to Users using the e-mail address Users submitted during the registration process.
16. General. This TOS Agreement constitutes the entire agreement between you and OurEarth and governs your use of the OurEarth website. This TOS Agreement shall be governed by the laws of the State of Maryland. User agrees to submit to the personal and exclusive jurisdiction of the courts located within the County of Baltimore in the State of Maryland. The failure of OurEarth to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS Agreement remain in full force and effect. Any claim arising under the terms of this TOS Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.