Terms of Use for Non-Profit Organizations

Thank you for visiting www.myinchoftheearth.com (our "Site"). This Site is made available by TerraYebo, Inc. (“TerraYebo”) as a service to you and to other organizations described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the “Code”), to which users of the Site may make a donation (the “Non-Profit Organizations”). 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. Site Services

Non-Profit Organizations may use the offered web tools to set up an online fundraising campaign. TerraYebo also offers technology services, consisting of inclusion on the list of participating Non-Profit Organizations, the ability to create a pop-up offering information about the Non-Profit Organization, and a button that allows users to donate to and feature the Non-Profit Organizations on an inch page. The minimum donation accepted through the site is $12.

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.

1.2. Limited License
You are granted a limited, nonexclusive, nontransferable right to access the Site and its content in accordance with these Terms. 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.

1.3. 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.

1.4. Privacy and 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 information you provide in accordance with the terms of, and for the purposes set forth in, our Privacy Statement and in these Terms.

1.5. 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.

1.6.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.

1.7. Data from GuideStar Concerning Charities

You acknowledge that our list of Non-Profit Organizations may be provided by GuideStar USA, Inc. ("GuideStar"), a third party data provider. 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 verify and 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. You agree to inform us if any of the information provided by GuideStar about your organization is inaccurate.


1.8. 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.

1.8.1. 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.

1.8.2. 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.

1.8.3. 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. FEES, PURCHASES, AND REFUNDS

2.1 Donations
DONATIONS MADE THROUGH THE SITE ARE NON-REFUNDABLE.

You agree to pay all applicable fees incurred in connection with donations made to you through the Site. 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 IS CLOSED OR OTHERWISE TERMINATED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.



2.2 Agreement with WePay
All donations will be processed through WePay, Inc. (“WePay”). During the sign-up process, a Non-Profit Organization that does not already have an account with WePay, Inc. (“WePay”) will establish an account with WePay.

TerraYebo has arranged with WePay to make receiving donations 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. TerraYebo reserves the right to change its transaction processor upon notice to the Non-Profit Organizations.


Non-Profit Organizations have immediate ownership over their donations received through WePay and can electronically transfer the funds from their WePay Accounts to their bank accounts in accordance with the WePay Terms of Service. Non-Profit Organizations will be responsible for taxes based on their net income or gross receipts.



2.3 Transaction and Processing Fees

In order to provide you with the very best experience and customer service, TerraYebo charges Non-Profit Organizations 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.

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) all other business expenses including, but not limited to, legal fees and insurance, and (4) other value-added services.

You authorize WePay to pay to TerraYebo the Transaction and Processing Fees from your WePay account pursuant to the terms of TerraYebo’s agreement with WePay and the terms of your WePay account.

TerraYebo may offer additional service options, including personalization and customization services, for a separate charge.



2.4 Monthly Fee Options

As an alternative to the fees described in Section 2.3, Non-Profit Organizations may elect to pay a monthly fee. The monthly "Platform Service Fee" consists of a pre-determined monthly fee plus a percentage of the transactions during the applicable month. The monthly fee varies depending on the monthly service option chosen. This pricing may change at any time, subject to TerraYebo's discretion. As with the Transaction and Processing Fees, this pricing INCLUDES all credit card fees.

The Platform Service Fee will be charged on a monthly basis and is non-refundable. Non-Profit Organizations may cancel the Platform Service Fee option upon 30 days' written notice to TerraYebo and cannot be prorated.

If you elect this fee option, you authorize WePay to pay to TerraYebo the applicable Platform Service Fees from your WePay account pursuant to the terms of TerraYebo's agreement with WePay and the terms of your WePay account.

In the event that WePay is unable to process your monthly Platform Service Fee because of a declined credit card, you will receive notice of the declined card. If you do not correct the credit card information, your Non-Profit Organization account will be suspended and invisible to users of the Site until the card information is updated and all applicable fees paid.



2.5 Other Fees

TerraYebo may offer additional service options, including personalization and customization services, for a separate charge.



3. NON-PROFIT ORGANIZATION REPRESENTATIONS

3.1. Exempt Status
By completing the signup process and with the acceptance of each donation through the Site, you make a representation to TerraYebo and all users of the Site that you have a currently valid exemption from federal income tax pursuant to Section 501(a) of the Code, as an organization described in Code Section 501(c)(3), and are authorized to receive donations. You agree to notify us promptly as to any loss of such exemption.

3.2. Compliance with Laws
You acknowledge that state and local laws may impose registration, licensing or other requirements on you as a result of using the Site. You agree to comply with any applicable requirements imposed by any state or local jurisdiction in relation your use of the Site.

3.3. Authority and Enforceability
You agree that the person or persons accepting these Terms on behalf of the Non-Profit has full power and authority (including full corporate or other entity power and authority) to bind the Non-Profit Organization to these Terms and to cause the Non-Profit Organization to perform its obligations hereunder. These Terms have been duly accepted by the Non-Profit Organization and constitute the legal, valid and binding obligation of the Non-Profit Organization, enforceable against Non-Profit Organization in accordance with their terms.

4. CONTENT POSTED BY NON-PROFIT ORGANIZATIONS

4.1. Content

4.1.1. All information, data, text, software, music, sound, photographs, graphics, video, messages, products, services, and all product names, company names, and all other trademarks and logos and other materials posted to the Site or otherwise provided to TerraYebo in connection with the use of the Site by Non-Profit Organizations, including you ("Content"), are the sole responsibility of the person or entity 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 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.

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

4.1.3. 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.

4.1.4. 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.

4.1.5. 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.

4.1.6. 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.

4.1.7. 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.

4.1.8. 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.

4.1.9. 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.

4.2. 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 an irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable license, for so long as you use our Site (the "Agreement Term"), 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 for any purpose on the Site, including the right to permit display of the Content on an inch page. 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.

During the Agreement Term, you authorize us to use your Content in TerraYebo's promotional materials, literature, e-mails, and other electronic communications, provided that all such materials containing your Content are subject to your review and approval.

You also grant to TerraYebo permission to provide a hypertext link from our Site, e-mail blasts, and other electronic communications issued by TerraYebo to your internet home page and to any of your web pages that identifies or contains links to communications (such as press releases) that identify TerraYebo as a partner or sponsor of your organization and to any other mutually approved page(s) during the Agreement Term. Except as provided herein, this permission does not grant any right to frame, in line or deep link to your web site or to use any device, process, tool, or technique to gather or compile any content or information on your web site by use of, among others, any bots, spiders, scrapers, or other electronic and/or other means or to engage in systematic or other retrieval or copying of data or other information or materials from your web site or any of its content to create or compile, directly or indirectly, a collection, compilation, database or directory or to post or otherwise transmit any viruses, worms and/or Trojan horses, spyware, malware, badware, or any other computer code, files or programs whether or not designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or gather information regarding use of your web site, without express written permission. TerraYebo acknowledges that you may terminate this permission to link at any time with or without cause by giving notice to TerraYebo in writing. If this permission is terminated, TerraYebo must remove the hypertext link to your home page within a reasonable time after receiving the notice, but these Terms shall otherwise continue in effect.


5. YOUR CONDUCT

5.1. 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.

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

5.2.1. 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;

5.2.2. harm anyone in any way;

5.2.3. 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;

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

5.2.5. 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);

5.2.6. 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;

5.2.7. 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;

5.2.8. 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;

5.2.9. 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;

5.2.10. 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;

5.2.11. "stalk" or otherwise harass another;

5.2.12. 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;

5.2.13. offer for sale or sell any item, good, or service through our Site, except as otherwise provided in these Terms;

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

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

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

5.2.17. use the Site for fraudulent purposes;

5.2.18. harvest or collect any information about or regarding other users of the Site, including, without limitation, any personal data or information, except as otherwise provided in these Terms or our Privacy Statement;

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

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

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

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

5.2.23. 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;

5.2.24. 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

5.2.25. 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).

5.5. Contests and Promotions

You are not permitted to offer any contest, competition giveaway, sweepstakes or similar activity (each, a "Promotion") on the Site without our prior written consent. You may seek permission by sending an email to support@terrayebo.com. If we consent, you take full responsibility for the Promotion, and you agree that: (i) such Promotion shall comply with all applicable laws; (ii) you are solely responsible for all facets of the Promotion; (iii) you may not use the TerraYebo name, logo or any other TerraYebo intellectual property in the rules or any other materials relating to the Promotion, without TerraYebo's express written permission; (iv) such Promotion does not require making a donation as the only way to enter; (v) such Promotion is not marketed to anyone under the older of the age of 18 or the age of majority for the state in which the applicable person resides; (vi) such Promotion may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, pornography, or tobacco; and (vii) such Promotion does not violate any applicable laws, rules or regulations.

You will include the following provisions within your official rules for any Promotion that you choose to administer or publicize on the Site: (i) TerraYebo does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases TerraYebo from any and all liability and (iii) all questions concerning the Promotion must be directed to you and not to TerraYebo.

You will indemnify and hold TerraYebo harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) for any claim related to the Promotion including without limitation the publicity or administration thereof. If you do not agree to these terms, you may not publicize or administer a Promotion on the Site.


6. 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.


7. 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.

8. GENERAL TERMS

8.1. 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.

8.2. 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.

8.3. 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.

8.4. 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.

8.5. Notice and Procedure for Making Claims of Intellectual Property Infringement
TerraYebo respects the intellectual property rights of others and expects its users and Non-Profit Organizations 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.

8.6. 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.

TerraYebo may provide instructive emails to Non-Profit Organizations to assist them in more effectively using the Site. Upon request from an authorized individual affiliated with a Non-Profit Organization, TerraYebo will provide online reports identifying, where available, the name, address, email and transaction accounting (including amount of donation) details related to the individuals or entities that have made donations to the Non-Profit Organization.

8.7. 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 July 26, 2013.
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All rights reserved.