Welcome to the User Agreement for earthscreen, LLC. This agreement describes the terms on which you may access and use our services. In order to become an earthscreen user, you must read and accept all of the terms and conditions of this agreement and the Privacy Policy. If you do not agree to be bound by the terms, you may not use or access our services.

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the earthscreen service indicates your acceptance of the amended User Agreement.

Description of Service

earthscreen is an online service dedicated to a sustainable environment. We provide users with benefits a number of different services including information, shopping and subscription services

Membership Eligibility

The earthscreen Service is not available to minors under the age of 18 or to any users suspended or removed from the system by earthscreen for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your earthscreen account to another party. If you do not qualify, you may not use the earthscreen Service.

Use of Service

Your use of the earthscreen Service is governed by this User Agreement. earthscreen may refuse service without prior notice to any user for any or no reason.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify earthscreen of any unauthorized use of your password or account or any other breach of security. earthscreen cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

To the extent that the earthscreen Service includes software to be downloaded to your computer (“Software”), the Software is considered part of the Service, and you may use the Software on a computer system only if you own the system or have the permission of the owner. You may not alter the Software or associated data files. You may only use unmodified versions of the Software obtained through this website to connect the earthscreen server. Use of modified versions of the Software, or other software, to connect to the earthscreen server is prohibited. Distribution of this Software is prohibited.

Termination

You agree that earthscreen may, with or without cause, immediately terminate your earthscreen account and access to the earthscreen Service without prior notice. Without limiting the foregoing, the following will lead to a termination by earthscreen of a user’s use of the earthscreen Service (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your earthscreen account includes (a) removal of access to all offerings within the earthscreen Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and© barring further use of the earthscreen Service. Further, you agree that all terminations shall be made in earthscreen’s sole discretion and that earthscreen shall not be liable to you or any third-party for any termination of your account or access to the earthscreen Service.

User Conduct

You understand and agree not to use earthscreen to:

• Post content or initiate communications that are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
• Use the earthscreen Service for any illegal purpose, including but not limited to conspiring to violate laws.
• Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or affiliations with a person or entity, past or present.
• Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Stalk or harass anyone.
  
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the earthscreen Service.
• Interfere with or disrupt the earthscreen Service or servers or networks connected to the earthscreen Service, or disobey any requirements, procedures, policies or regulations of networks connected to the earthscreen Service.

International Use

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Information Provided on this Website

In the course of using the earthscreen Service, users may provide information about themselves that may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting materials on the earthscreen website or otherwise providing materials to earthscreen, you are granting to earthscreen a royalty-free, perpetual, irrevocable license to use this information in the course of offering the earthscreen Service. Furthermore, you understand that earthscreen retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the earthscreen Service is the sole responsibility of the person from which such content originated and that earthscreen will not be liable for any errors or omissions in any content. You understand that earthscreen cannot guarantee the identity of any other users with whom you may interact in the course of using the earthscreen Service.

Ownership of earthscreen Service

earthscreen owns all right, title and interest in and to the earthscreen Service and all materials and content contained in the earthscreen Service, including, without limitation, all content, site design, logos, button icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of the materials provided as part of the earthscreen Service is strictly prohibited.

Ownership of Real Estate

Use of the earthscreen Service does not grant earthscreen members any right, title or interest in any real estate. Any real estate purchased by earthscreen, earthscreen partners or affiliates, the Carbonfund.org Foundation or any partner organization shall remain the sole property of that organization or entity.

Access to Service

Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the earthscreen website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

earthscreen Communications

In the course of providing you services, earthscreen may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the earthscreen Service. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the earthscreen Service.

Monitoring and Enforcement

While we have the right to monitor activity and content associated with the earthscreen Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Please remember that you can always choose to refrain from using any part of the earthscreen Service that may expose you to something that you are uncomfortable with. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

Product Promotions

From time to time earthscreen may offer products as incentives to becoming a member. Redemption of these offers are on a first come, first served basis. earthscreen shall in its sole discretion limit the number of rewards given for each promotion. earthscreen reserves the right to cancel any promotion at any time. earthscreen promotions are restricted to residents of the 50 United States of America and the District of Columbia who are 18 or older. Other restrictions may apply.

Indemnification

By accepting this User Agreement, you agree to indemnify and otherwise hold harmless earthscreen, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from (i) your use of the earthscreen Service; (ii) unauthorized access to or alteration of your communications with or through the earthscreen Service, or (iii) any other matter relating to the earthscreen Service.

You understand and agree that earthscreen may disclose information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of earthscreen, its users, and the public.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE earthscreen SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. earthscreen EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
earthscreen MAKES NO WARRANTY THAT (i) THE earthscreen SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE earthscreen SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE earthscreen SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE earthscreen SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE earthscreen SERVICE, INCLUDING ANY SOFTWARE, IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM earthscreen OR THROUGH OR FROM THE earthscreen SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Entire Agreement

The User Agreement constitutes the entire agreement between you and earthscreen and governs your use of the earthscreen Service, superceding any prior agreements between you and earthscreen.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT earthscreen SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF earthscreen HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL earthscreen’S TOTAL CUMULATIVE DAMAGES EXCEED US$100.

Governing Law

The User Agreement between you and earthscreen will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles.

General Information

earthscreen, the earthscreen logo, and other earthscreen logos and names are trademarks of earthscreen, LLC. You agree not to display or use these trademarks in any manner without earthscreen’s prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to: support@earthscreen.com.