TERRASO.COM TERMS OF USE

INTRODUCTION

Welcome to the Internet site of Terraso, Inc.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE TERRASO SITE.  By using the Terraso site or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these terms of use.  If you do not agree to these terms of use, you may not use the Terraso site.
You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged.  Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Terraso site and receipt of data, materials and information available at or through the Terraso site.

USE OF CONTENT

All information, materials, functions and other content ("Content") contained on the Terraso site are our copyrighted property.  All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensees.  We may change the Terraso site or delete Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content from the Terraso site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Terraso site, except that where a Terraso site is configured to enable the download of particular Content, you may download and use such Content for its intended use, provided that you (a) keep intact all copyright and other proprietary notices, and (b) make no modifications to the Content.

ACCOUNTS

Some services on the Terraso site permit or require you to create an account to participate or to secure additional benefits.  You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data").  You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph.  You also agree to promptly notify us at info@terraso.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Terraso site.  In addition, you agree to exit from your account at the end of each session.
We may suspend or terminate your account and your ability to use the Terraso site or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

CONTENT ACCESSIBLE THROUGH LINKS FROM THE TERRASO SITE AND SEARCH RESULTS

You should be aware that when you are on a Terraso site, there are links to other sites that take you outside of our service to sites that are beyond our control, such as banner advertisements and links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship.  You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us; different terms of use and privacy policy may apply, and we are not responsible for such sites.  We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Terraso site or third-party Content contained on our sites.  We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.

Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.

DISCLAIMERS

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE TERRASO SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE TERRASO SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF, ACCURACY, COMPLETENESS, AVAILABILITY, ENERGY-EFFICIENCY, MONTHLY SAVINGS, ENVIRONMENTAL IMPACT, SECURITY, COMPATABILITY AND NONINFRINGEMENT.  WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE TERRASO SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT.  YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

The Terraso site may contain the opinions and views of other users.  Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.

INDEMNIFICATION

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s).  You hereby agree to indemnify, defend, and hold us, our licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the Terraso sites and/or your account(s).  You shall use your best efforts to cooperate with us in the defense of any claim.  We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE TERRASO SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE TERRASO SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO THE TERRASO SITE OR CHANGE THE TERRASO SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

AMENDMENT

At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these terms of use, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on the Terraso site covered by these terms of use.  Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address.  In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.