Terms of Use

Thank you for visiting www.myinchoftheearth.com (our "Site"). This Site is made available by TerraYebo, Inc. (“TerraYebo”) as a service to you. All content, information, and services provided on and through our Site may be used only under the following terms and conditions, as they are amended from time to time (the "Terms"). As used herein, the terms “our,” “we,” and “us” refer to TerraYebo, its officers, directors, shareholders, employees, agents and representatives, unless the context clearly provides otherwise.

YOUR USE OF OUR SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS. PLEASE READ THEM CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU MUST NOT USE OUR SITE.
Please report any violations of these Terms using the "Contact Us" form.

1. SITE USE GENERALLY

1.1. Limited License

You are granted a limited, nonexclusive, nontransferable right to access the Site and its content in accordance with these Terms. If you are under 18, you may use our Site only with the involvement of a parent or guardian. Our Site is hosted in the United States and contains information that is appropriate for access and use in the U.S., Canada, Puerto Rico, U.S. Virgin Islands, Guam, Pacific Islands of American Samoa, and the Atlantic and Caribbean Islands in which TerraYebo operates ("Applicable Markets"). From time to time we may make changes to the list of Applicable Markets without notice. We make no representation that any materials on the Site are appropriate or available for use outside the Applicable Markets, and accessing them from territories where their contents are illegal may be prohibited by the local jurisdictional entity. Any references on the Site to specific services are applicable only to those available in the Applicable Markets. Those who access this Site from other locations do so according to their own initiative and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the U.S. or the territory in which they reside.

We reserve the right to refuse service in our sole discretion and without notice. You are solely responsible for your use of the Site, and you agree to compensate, indemnify, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, including without limitation attorneys' fees, resulting from your use or misuse of the Site. Posting or transmitting any unlawful, infringing, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, is strictly prohibited.

A My Inch of The Earth® GeoLocation is a latitude and longitude coordinate of a physical location on the earth but does not convey or purport to convey ownership in the real property at that location and, accordingly, may not be recorded as a deed or other instrument conveying an interest in real property. All rights to the real property, including the right to develop, maintain, use, convey or gift the real property at the described GeoLocation is retained by its respective owner of the real property and subject to the laws of its jurisdictional entity. The issuance or acceptance of a “GoodDEED™” does not convey any interest in the real property or any other property and does not include the assumption of any liability for any or all uses or occurrences on the real property at the GeoLocation, including the release or discharge of hazardous materials.

A “GoodDEED™” merely commemorates your donation.

All rights and use of the name “GoodDEED™” and all other Marks (as defined below), and all rights to the reproduction of any materials utilizing the Marks are retained by TerraYebo.
TerraYebo makes no representations regarding the federal, state, or local tax consequences of any donation, as individual tax consequences vary. You should consult with a tax professional before claiming your donation on any tax form.

1.2. Limitations on Your Use
No material from our Site may be copied, reproduced, republished, downloaded, posted, displayed, transmitted, or distributed in any way, without TerraYebo's prior written permission. You may not, without our prior written permission, frame or mirror any material contained on this Site on any other server. The unauthorized use of any such material on any other website or computer environment is expressly prohibited. The foregoing notwithstanding, you may utilize any functionality offered by the Site (e.g., the share button for social networking sites such as FACEBOOK® or TWITTER®) to “share” material from our Site to other websites or computer environments if such functionality is made available to you. All Marks (as defined below) are proprietary to TerraYebo, its licensors, or other owners.

1.3. Privacy and Your Personal Information

Your use of our Site is also subject to the terms of our Privacy Statement. You acknowledge that you have read and understand our Privacy Statement, and consent to the use of any personal information you provide in accordance with the terms of, and for the purposes set forth in, our Privacy Statement and in these Terms.

1.4. Site Identifiers

It is your responsibility to safeguard the password you use to access our Site, and to promptly advise TerraYebo if you ever suspect that your password has been compromised. We strongly encourage you to change your password regularly to prevent unauthorized access. Because your username and password are specific to you, you acknowledge sole responsibility for any and all use of our Site conducted with your username and password.

1.5. Links and Information From Other Websites
Our Site contains links to and information from other websites for your convenience, or to provide information such as, but not limited to, our participating Non-Profit Organizations. These third-party websites are responsible for, and undertake to maintain, their own site terms of use. We suggest that you carefully review the terms of use of each site you choose to access from our Site.

Any links to other websites are provided as merely a convenience to you. TerraYebo has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites.

You understand that, except for information, products or services clearly identified as being supplied by TerraYebo, we do not operate, control or endorse any information, products or services on the Internet in any way. TerraYebo does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to this Site, you do so entirely at your own risk.

1.6. Data from GuideStar Concerning Charities

You acknowledge that certain data available or otherwise accessible on or by means of the Site concerning the list of United States based 501(c)(3) charities to which you may make a donation (the “Non-Profit Organizations”) is provided by GuideStar USA, Inc. ("GuideStar"), a third party licensor of TerraYebo. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by you and TerraYebo, you acknowledge and agree that GuideStar (and its successors and assigns) is an intended third party beneficiary with full power and authority to enforce the provisions of these Terms only insofar as it relates to data provided by GuideStar. You agree that TerraYebo may share any information provided by you with GuideStar to the extent that GuideStar reasonably needs such data to enforce its rights related to your use of any GuideStar data.

1.7. Intellectual Property Rights
The Site is expressly owned and operated by TerraYebo. Unless otherwise noted, the design and content features on the Site, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the "Site Information"), are owned by TerraYebo or its affiliates, if any, or are licensed by TerraYebo from third parties. The Site, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.

Certain Site Information may be licensed from third parties and all such third party Site Information and all intellectual property and proprietary rights related to such third party Site Information belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Site Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the Site or in the original Site Information on any authorized copy you make of the Site or the Site Information.

1.7.1. Copyright
The Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without TerraYebo's prior written permission.

1.7.2.
Trademark
TerraYebo, the TerraYebo logos (including, without limitation, the “My Inch of the Earth” logo), and all product names, company names, and all other trademarks and logos, unless otherwise noted, are trademarks and/or trade dress of TerraYebo in the United States, or its affiliates or other companies under common ownership or control or their licensors (the "Marks"). The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.

1.7.3.
Patents
Please note that U.S. Patents and one or more other patents may apply to portions of this website, including, without limitation: U.S. Patent Nos. PCT/US12/25780, and 67487-001 PUS1.


2. CONTENT POSTED BY USERS

2.1. Content

2.1.1.
All information, data, text, software, music, sound, photographs, graphics, video, messages, products, services, and other materials posted to the Site by users, including you ("Content"), are the sole responsibility of the person by whom the Content was posted. This means that you, and not us, are solely responsible for all Content that you upload, post, transmit, or otherwise make available through or on the Site. You are also solely responsible for all Content posted under your user account. You represent and warrant that (i) you own or otherwise control all of the rights in and to the content that you post; (ii) the Content is accurate; (iii) use of the Content you supply does not violate these Terms; (iv) the Content does not infringe, violate, or interfere with any intellectual property or other rights of any third party and does not violate any applicable law or regulation; and (v) the Content will not cause injury to any person or entity.

2.1.2.
Should Content be deemed illegal, we will cooperate with the proper authorities, including, but not limited to, submitting all necessary information to them.

2.1.3.
If we determine, in our sole discretion, that any Content submitted by you is offensive or inappropriate, we may remove it immediately or ask you to retract or modify the Content in question. If you fail to meet our request within the time specified, we may remove the Content. However, we have no obligation to restrict or monitor Content in any way.

2.1.4.
You may see or read things that you do not like or agree with on our Site. You understand that by using our Site, you may be exposed to Content that you find offensive, indecent, or objectionable.

2.1.5.
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 for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available through the Site.

2.1.6.
We do not control the Content posted on or through the Site and, therefore, we do not guarantee the accuracy, integrity, or quality of such Content. You are solely responsible for any use or reliance on the Content, including on its accuracy, completeness, or usefulness.

2.1.7.
You acknowledge that we are under no obligation to pre-screen Content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available through our Site. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates these Terms or any other policy or is otherwise objectionable, in our sole and absolute discretion.

2.1.8.
Any material, information, or idea you submit to us or the Site by any means may be disseminated or used by us without compensation or liability to you for any purpose whatsoever, including, but not limited to, publishing and republishing the material, information or idea for direct or indirect compensation, and developing, manufacturing, and/or marketing products and services. We have no obligation to keep any submissions confidential, return any materials that you submit to us, or compensate you for the use of any such materials under any circumstances. You hereby irrevocably waive any claims based on our use of any materials, ideas, or information that you submit to us.

2.1.9.
We reserve the right to monitor some, all, or none of the areas of the Site for adherence to these Terms. You acknowledge that by providing you with the ability to post information on the Site, we are acting as a passive conduit for distribution and we are not undertaking any obligation or liability relating to any postings or activities on the Site.

2.2. Content License.
We do not claim ownership of the Content you upload, place, or post through the Site. You are responsible for protecting your rights in such Content and are not entitled to our help in protecting such Content. By uploading, placing, or posting Content through the Site, you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable license, under all intellectual property and other rights, including, without limitation, privacy and publicity, to use, distribute, reproduce, modify, adapt, translate, publicly perform, publicly display, transmit, exploit, create derivative works from the Content (in whole or in part), and incorporate such Content into other works in any format or medium now known or later developed, for any purpose associated with the Site. You grant us and our sub-licensees the right to use the name that you submit in connection with such Content, if we choose. You hereby irrevocably waive any claims based on “moral rights” and similar theories, if any. Please note, however, that certain activities that involve the submission of Content by you may have terms applicable to your Content that differ from those above. In the event such terms differ with these Terms, such terms will be provided to you and will govern and have precedence over these Terms with respect to the applicable Content.


3. YOUR CONDUCT


3.1. Your Authorization to Use the Site.
Your authorization to use the Site and contribute to it depends on your compliance with community standards and the conduct guidelines set forth below. If you fail to conduct yourself appropriately, we may revoke your license to use all or a portion of the Site and/or take other appropriate measures to enforce these community standards and conduct guidelines.

3.2. Conduct Guidelines/Community Standards.
The following is a non-inclusive list of behaviors that are not permitted on the Site. You agree not to:

3.2.1.
upload, post, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically, or otherwise objectionable;

3.2.2.
harm anyone in any way;

3.2.3.
impersonate any person or entity, including, but not limited to, any of our Site users, Site visitors, TerraYebo officers, directors, shareholders, employees, agents or representatives, or falsely state or otherwise misrepresent your affiliation with a person or entity;

3.2.4.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content posted, transmitted, or otherwise made available through the Site;

3.2.5.
upload, post, or otherwise transmit any Content that you do not have a right to upload, post or otherwise transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

3.2.6.
upload, post, or otherwise transmit any Content or otherwise engage in any activity that infringes, violates, or interferes with any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;

3.2.7.
upload, post, or otherwise transmit unsolicited commercial email or "spam." This includes unethical marketing, advertising, "chain letters," or any other practice that is in any way connected with "spam," such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in areas of the Site that allow public submissions that are identical;

3.2.8.
upload, post, or otherwise transmit any material that contains software viruses, Trojan horses, malware 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, or intercept messages sent from a computer or communications device;

3.2.9.
interfere with or attempt to disrupt the Site, servers, or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;

3.2.10. intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;

3.2.11.
“stalk" or otherwise harass another;

3.2.12.
promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble weapons or incendiary devices;

3.2.13.
offer for sale or sell any item, good, or service through our Site;

3.2.14.
use the Site as a forwarding service to another website;

3.2.15.
allow usage by others in such a way as to violate these Terms or any other TerraYebo policy;

3.2.16.
take any steps to interfere with or in any manner compromise any of our security measures;

3.2.17.
use the Site for fraudulent purposes;

3.2.18.
harvest or collect any information about or regarding other users of the Site, including, without limitation, any personal data or information;

3.2.19.
sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your user account, or password, including, without limitation, on or through the use of any third-party website or service;

3.2.20.
copy the Site or any portion thereof (other than as provided under United States copyright laws);

3.2.21.
remove any legal or proprietary notices from the Site;

3.2.22.
cause, permit, or authorize the modification, creation of derivative works, or translation of the Site without our express permission;

3.2.23.
sell, assign, rent, lease, act as a service bureau, or grant rights in the Site including, without limitation, through sublicense, to any other person or entity;

3.2.24.
attempt to decompile, reverse engineer, disassemble, modify, or hack the Site or to defeat or overcome any encryption and/or digital rights management technology implemented by us with respect to the Site and/or data transmitted, processed, or stored by us or the Site; or

3.2.25.
use the Site in any manner not permitted by these Terms, or otherwise exceed the scope of our services that you have signed up for (i.e., by accessing and using items or functionality that you do not have a right to use).


4. SITE WARRANTY DISCLAIMER

OUR SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH NO WARRANTY OF ANY KIND. USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THIS SITE OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE. WE DO NOT WARRANT THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE IS FREE FROM VIRUSES AND OTHER HARMFUL COMPONENTS TO EQUIPMENT OR SOFTWARE.


5. LIMITATION OF LIABILITY

IN NO EVENT WILL WE BE LIABLE, NOR DO WE ASSUME RESPONSIBILITY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE (OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE), OR OTHERWISE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


6. FEES, PURCHASES, AND REFUNDS

6.1 Donations
You may use the virtual location (your “Inch”) that you choose in the Claim an Inch pallet for the period of one year. Your Inch will appear on the Site after you choose a Non-Profity Organization to feature on your Inch and make an initial donation. During that time, you will have access and rights to manage that virtual location consistent with these Terms.

For all transactions made on or through the Site, you agree that: (i) you will not use an invalid or unauthorized credit or debit card or other payment method; (ii) you are solely responsible for selecting the correct Non-Profit Organization for your donation; (iii) all donations to charities are made as unrestricted gifts and may not be specified for any particular purpose; (iv) designated donation amounts and Processing Fees will be charged to the credit or debit card or other payment method you use through our third-party payment processor; and (v) the minimum qualifying donation is TWELVE UNITED STATES DOLLARS ($12.00).

DONATIONS MADE THROUGH THE SITE ARE NON-REFUNDABLE.

You can select a virtual space by visiting the Claim an Inch pallet from numerous Site pages, providing your billing information for purposes of any donations you choose to make through any virtual space on the site (including your initial donation), confirming the particulars of your transaction and re-affirming your agreement to these Terms. We may send you a confirmatory e-mail that will contain details of your donation. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. TerraYebo keeps records of transactions in order to deal with any subsequent queries and visitors may access their donation history and other details relating to their interaction with the Site through the My Profile link.

Your request for virtual locations will be accepted by us only when we have processed your debit or credit card for your donation. We then make your Inch available in your account and provide the associated “GoodDEED™”. You will not receive a hardcopy of your “GoodDEED™” or an email containing the “GoodDEED™”, but may access it through your account at any time.

You will receive a receipt for your donation from WePay, and will not receive an electronic or hardcopy receipt from TerraYebo for your transaction, but may view your transaction by accessing it through your account at any time.

Your use of virtual locations in My Inch of The Earth is a service provided by TerraYebo that commences upon acceptance of your qualifying donation by the transaction processing provider of TerraYebo.

You agree to pay all applicable fees incurred or donations made by you or anyone using an Account registered to you. YOU ACKNOWLEDGE THAT TERRAYEBO IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION WHEN YOUR ACCOUNT OR ACCESS TO A VIRTUAL LOCATION IS CLOSED OR OTHERWISE TERMINATED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

6.2 Agreement with WePay
TerraYebo has arranged with WePay, Inc. (“WePay”) to make donating to the Non-Profit Organizations of your choice easy and seamless. WePay provides a safe and cost-effective means to process transactions online. WePay is not affiliated with TerraYebo. All donations processed through WePay will be governed by the WePay User Agreement.

6.3 Transaction and Processing Fees
In order to provide you with the very best experience and customer service, TerraYebo charges certain fees for transactions made on or through the Site. By using the Site, you agree to our fees, which are further explained below.

When a donation is made through the Site to a Non-Profit Organization, a “Transaction Fee” is deducted from the donation pursuant to our agreement with WePay, and a “Processing Fee” is also deducted. TerraYebo is able to offer a lower Transaction Fee pricing to Non-Profit Organizations because of our arrangement with WePay.

The Transaction Fee for a transaction varies based on our arrangement with WePay and with the applicable Non-Profit Organization. For a $12 minimum donation, TerraYebo receives $3, which includes both the Transaction Fee and Processing Fee for the applicable transaction. For any transaction amount in excess of $12, TerraYebo will receive the applicable Transaction Fee, plus a Processing Fee of 5% of the amount of the transaction above $12. This pricing INCLUDES all credit card fees.

Transaction Fees are paid to WePay for credit card processing. Processing Fees cover TerraYebo's costs associated with (1) processing credit card payments and developing, maintaining and hosting the Site, (2) providing a secure charitable giving system, (3) vetting nonprofits through GuideStar's third party web service, (4) all other business expenses including, but not limited to, legal fees and insurance, and (5) other value-added services.

We keep our pricing as low as possible so your donation can have the greatest possible impact. Compared to traditional ways of fundraising like sending direct mail or putting on a charity dinner, this Site is an inexpensive and efficient way to raise additional money for a Non-Profit Organization.

6.4 General Terms
YOU ACKNOWLEDGE THAT TERRAYEBO IS NOT A PROFESSIONAL FUNDRAISER AND DOES NOT PARTICIPATE IN ANY FUNDRAISING ACTIVITIES OR PROVIDE ANY FUNDRAISING SERVICES. TERRAYEBO MERELY PROVIDES A WEB FORUM AND WEB TOOLS THAT NON-PROFIT ORGANIZATIONS AND OTHERS MAY USE TO SOLICIT DONATIONS AND OTHERWISE COMMUNICATE VIA THE SITE. COMPLIANCE WITH ANY CHARITABLE SOLICITATION REGISTRATION LAWS OR OTHER APPLICABLE REGULATIONS IS THE RESPONSIBILITY OF THE PERSON ENGAGING IN ANY ACTIVITIES THAT GIVE RISE TO A REGISTRATION REQUIREMENT. TERRAYEBO HAS NO OBLIGATION TO DETERMINE WHETHER ANY SUCH REQUIREMENTS EXIST IN YOUR CASE AND DOES NOT UNDERTAKE TO ADVISE ANYONE OF ANY APPLICABLE REQUIREMENTS.


7. GENERAL TERMS

7.1. Errors and Corrections
While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, and shall have no liability for such errors. We may also make improvements and/or changes to the Site's features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us as described in the "Contact Us" form, and we'll verify it for you.

7.2. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Michigan and of the United States of America (“USA”), without giving effect to conflict of law principles. Any controversy or dispute arising out of your use of our Site shall be submitted, and you irrevocably consent, to the personal jurisdiction of any state or federal court located in, or whose district includes, Oakland County, Michigan, USA. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed removed and shall not affect the validity and enforceability of any remaining provisions.

7.3. Changes to These Terms

We reserve the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted here on our Site and are effective immediately. The date of the newest version is posted below. Please check back frequently, especially before you use our Site, to see if these Terms have changed. Continued use of the Site after any changes to the Terms constitutes your consent to such changes.

7.4. Contact Us

If you have any concerns about the Site or these Terms, please use the "Contact Us" form. We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention.

7.5. Notice and Procedure for Making Claims of Intellectual Property Infringement

TerraYebo respects the intellectual property rights of others and expects its users to do the same. TerraYebo may remove Content that in its sole discretion appears to infringe the rights of others.
If you believe that any Content posted on the Site infringes your intellectual property rights, please notify TerraYebo pursuant to the following instructions:

Notifications of claimed infringement should be sent to TerraYebo, Infringement Claim, 31401 Madison Ave., Madison Heights, MI 48071

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of the intellectual property rights owner or one authorized to act upon their behalf;
  2. Identification of the right claimed to have been infringed, or, if multiple rights at a single online site are covered by a single notification, a list of the multiple rights that have been infringed at the site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TerraYebo to locate and remove the material;
  4. Information enabling TerraYebo to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

7.7. Communications
When you visit the Site or send emails to TerraYebo, you are communicating with us electronically. You consent to receive communications from TerraYebo electronically. TerraYebo may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that TerraYebo provides to you electronically satisfy any legal requirement that such communications be in writing.

Your use of the Site establishes a business or other applicable relationship with us for purposes of CAN-SPAM, the Telephone Consumer Protection Act, and all other applicable law that addresses unsolicited commercial communications. By accessing, or continuing to access, this Site, you agree that we or our agents may communicate with you regarding promotion of the sale, lease, or exchange of goods, services, real property, or any other thing of value.

7.8. Conflict with Other Agreements
These Terms are in addition to, and do not nullify, any other agreement between you and TerraYebo or any other applicable terms and conditions found on the Site. In the case of any direct conflict between these Terms and any other agreement between you and TerraYebo, the provisions of such other agreement shall control but only to extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Site. Notwithstanding the above, when you leave the TerraYebo Site to use third party sites, your use of those sites is governed by their applicable terms of use and privacy policies.

Updated and effective April 15, 2013.
Copyright ©2011-2013 TerraYebo, Inc.
All rights reserved.