Tera User Agreement
Last Updated Date: October 18, 2022
THESE TERMS CREATE A LEGALLY BINDING CONTRACT. IT MAY CHANGE AS THE SERVICES CHANGE, AND YOU AGREE YOU WILL REVIEW ANY UPDATES REGULARLY.
TERA PROVIDES END USERS WITH THE OPPORTUNITY TO LEARN ABOUT SUSTAINABLE AND HEALTH LIVING, AND TO MATCH YOU WITH SUSTAINABLE, ECO-FRIENDLY BRANDS AND PRODUCTS.
- How Our Services Work. Tera is a platform that promotes sustainable and healthy living and empowers End Users, Sellers and environmental nonprofits, including but not limited to providing a marketplace to connect End Users that wish to purchase healthy and sustainable products. While Tera may provide pricing and guidance on our Website, such information is solely informational. We do not have control over the quality, timing, legality, failure to provide, or any aspect whatsoever of Services provided by Sellers, or of the integrity, responsibility, or any actions of any Sellers. Tera makes no representations about the suitability, reliability, timeliness or accuracy in public, private or offline interactions. When interacting with Sellers or other End Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you do not know.
We do our best to analyze products & ingredients based on available data from a variety of sources. We utilize product & ingredient information from retailers and/or brands sites and analyze it against industry standard data such as ECHA (European Chemicals Agency) and GHS (Globally Harmonized System of classification and labeling). However, product information can sometimes be incomplete or change. So please always double-check labels, ingredients, and contact the manufacturer for more information if needed. If you believe we have incorrectly listed information about a product or brand product please let us know so we can correct it.
TERA IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE. TERA WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE.
THE WEBSITE AND SERVICES ARE THE PROPERTY OF TERA. TERA MAY UPDATE THE SERVICES FROM TIME TO TIME. YOU MAY ONLY ACCESS THE WEBSITE AND/OR SERVICES TO LEARN ABOUT A SUSTAINABLE LIFESTYLE AND BUY AND/OR SELL ECO-FRIENDLY PRODUCTS, AND FOR NO OTHER PURPOSE.
- Use of the Services and Tera Properties. The Website, the Services, and the information and content available on the Website and the Services (as these terms are defined below) (collectively, the “Tera Properties”) are protected by copyright laws throughout the world. Subject to the Terms, Tera grants you a limited license to reproduce portions of the Tera Properties for the sole purpose of using the Services for your personal and/or professional purposes. Unless otherwise specified by Tera in a separate license, your right to use any Tera Properties is subject to the Terms.
Updates. You understand that the Tera Properties are evolving. You acknowledge and agree that Tera may update the Tera Properties with or without notifying you. You may need to update third-party software from time to time in order to receive the Services or use the Tera Properties.
Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Tera Properties or any portion of the Tera Properties, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Tera Properties (including images, text, page layout or form) of Tera; (c) you shall not use any metatags or other “hidden text” using Tera’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Tera Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Tera Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Tera Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Tera Properties. Any future release, update or other addition to the Tera Properties shall be subject to the Terms. Tera, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Tera Properties terminates the licenses granted by Tera pursuant to the Terms.
Third-Party Materials. As a part of the Tera Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Tera to monitor such materials and that you access these materials at your own risk.
IN ORDER TO ACCESS CERTAIN FEATURES OF THE SERVICES, YOU MAY NEED TO REGISTER AN ACCOUNT OR CONNECT THROUGH A SOCIAL NETWORKING ACCOUNT. YOU AGREE TO PROVIDE TRUE AND ACCURATE INFORMATION WHEN YOU REGISTER AN ACCOUNT ON THE SERVICES.
- Registering Your Account. In order to access certain features of the Tera Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is an End User who has registered a user account on the Website and app (each, an “Account”) or has a valid account on the social networking service (“SNS”) through which the User has connected to the Website (each such account, a “Third-Party Account”).
Access Through a SNS. If you access the Tera Properties through a SNS as part of the functionality of the Website and/or the Services, you may link your Account with Third-Party Accounts, by allowing Tera to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Tera and/or grant Tera access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Tera to pay any fees or making Tera subject to any usage limitations imposed by such third-party service providers. By granting Tera access to any Third-Party Accounts, you understand that Tera may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through Tera Properties (collectively, “Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through Tera Properties via your Account. Unless otherwise specified in the Terms, all SNS Content shall be considered to be Your Content (as defined in Section 6.1) for all purposes of the Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on Tera Properties. Please note that if a Third-Party Account or associated service becomes unavailable or Tera’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through Tera Properties. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Website.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND TERA DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
Tera makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Tera is not responsible for any SNS Content.
Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Account (and if you are a parent or guardian supervising a minor user, you are responsible for all activities that occur under such minor user’s Account). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use the Tera Properties if you have been previously banned from the Tera Properties.
Products or Services. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to our return, exchange, and refund policy. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate. All descriptions of products or product pricing are subject to change at any time without notice.Any offer for any product or service made on this Website is void where prohibited.
- Relationship of the Parties. Any agreements created between an End User and a Seller are not binding on us. We are not liable for, or obligated to enforce, any agreements between an End User and a SelleYou will not consider Tera, nor will Tera be construed as, a party to such transactions, whether or not Tera receives some form of remuneration in connection with the transaction, and Tera will not be liable for any costs or damages arising out of or related to such transaction. No contractual obligations are created with us with respect to such transactions or agreements, and in the event that you have a dispute with one or more Users, you release Tera (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- Responsibility for Content.
Types of Content. You acknowledge that all Content, including the Tera Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not Tera, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise share or make available (“Make Available”) through the Tera Properties (“Your Content”), and that you and other users of the Tera Properties, and not Tera, are similarly responsible for all Content they Make Available through the Tera Properties (“User Content”).
No Obligation to Pre-Screen Content. You acknowledge that Tera has no obligation to pre-screen Content (including, but not limited to, User Content), although Tera reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation messages that you send using the Services. In the event that Tera pre-screens, refuses or removes any Content, you acknowledge that Tera will do so for Tera’s benefit, not yours. Without limiting the foregoing, Tera shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
Storage. Unless expressly agreed to by Tera in writing elsewhere, Tera has no obligation to store any of Your Content that you Make Available on the Tera Properties. Tera has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Tera Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Tera retains the right to create reasonable limits on Tera’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by Tera in its sole discretion.
WE OWN OUR CONTENT. YOU OWN YOUR CONTENT. IF YOU PROVIDE US WITH ANY COMMENTS OR FEEDBACK ABOUT THE WEBSITE AND SERVICES, WE HAVE THE RIGHT TO USE THAT FEEDBACK WITHOUT ANY PAYMENT OR OTHER OBLIGATION TO YOU.
- Tera Properties. Except with respect to Your Content and User Content, you agree that Tera and its suppliers own all rights, title and interest in the Tera Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or the Tera Properties.
Trademarks. “Tera” and other related graphics, logos, service marks and trade names used on or in connection with the Tera Properties are the trademarks of Tera and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Tera Properties are the property of their respective owners.
Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Tera Properties.
Your Content. Tera does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the Tera Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
License to Your Content. Subject to any applicable account settings that you select, you grant Tera a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part), in any medium or manner, now known or hereafter devised, for the purposes of operating and providing the Tera Properties to you and to our other Users. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Tera Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Tera, are responsible for all of Your Content that you Make Available on or in the Tera Properties.
Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Tera.
Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter.
Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Tera through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk, and that Tera has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Tera a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Tera Properties.
AS A USER OF THE WEBSITE, YOU ARE SUBJECT TO CERTAIN RESTRICTIONS. PLEASE REVIEW THEM CLOSELY PRIOR TO USING OR ACCESSING THE TERA PROPERTIES.
- User Conduct
General. While using or accessing the Tera Properties you agree that you will not, under any circumstances:
Breach or circumvent any laws, third party rights or our systems, policies, or determinations of your Account status;
Interfere with or damage Tera Properties, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
Fail to honor any transaction agreed to by you, unless the Seller fails to comply with the terms of such transaction;
Post false, inaccurate, misleading, defamatory or libelous content;
Take any action that may undermine our feedback or ratings systems;
Bypass our robot exclusion headers, interfere with the working of the Tera Properties, or impose an unreasonable or disproportionately large load on our infrastructure;
Upload, post, e-mail, 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;
Use the Tera Properties to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; or
Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities; or (vi) infringes a third party’s intellectual property or privacy or other proprietary right.
Investigations. Tera may, but is not obligated to, monitor or review the Tera Properties and Content at any time. Without limiting the foregoing, Tera shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although Tera does not generally monitor user activity occurring in connection with the Tera Properties or Content, if Tera becomes aware of any possible violations by you of any provision of the Terms, Tera reserves the right to investigate such violations, and Tera may, at its sole discretion, immediately terminate your license to use the Tera Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
YOU ARE RESPONSIBLE FOR ALL INTERACTIONS WITH OTHER USERS ON THE WEBSITE OR SERVICES. WE MAY LINK TO CERTAIN WEBSITES NOT OWNED BY US, WHICH ARE NOT SUBJECT TO THESE TERMS. YOU ACCESS THOSE SITES AT YOUR OWN RISK.
- Interactions with Other Users. You are solely responsible for your interactions with other users of the Tera Properties and any other parties with whom you interact through the Tera Properties; provided, however, that Tera reserves the right, but has no obligation, to intercede in such disputes.
Content Provided by Other Users. The Tera Properties may contain User Content provided by other users. Tera is not responsible for and does not control User Content. Tera has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk.
Affiliation The Tera Properties may contain links and/or integrate with third-party websites and/or services (“Third-Party Services”) and advertisements for third parties (“Third-Party Ads”) (collectively, “Third-Party Services & Ads”). When you click on a link to or otherwise access a Third-Party Service or a Third-Party Ad, we will not warn you that you have left the Tera Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Services are not under the control of Tera. Tera is not responsible for any Third-Party Services & Ads. Tera uses affiliate programs, when possible, and may earn a very small percentage when purchased through the Tera link. This is used to offset the costs associated with keeping the app free for our community. We are currently associated with Amazon, Earth Hero, and the Ulta affiliate programs.
We do NOT collect, analyze, or display products based on any affiliate programs or any other 3rd party compensation.
When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
YOU WILL BE RESPONSIBLE FOR CLAIMS AND LIABILITY THAT RELATE TO YOUR USE OF THE SERVICES.
- You agree to indemnify and hold Tera, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively the “Tera Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Tera Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any user; or (e) your violation of any applicable laws, rules or regulations. Tera reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tera in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to the Tera Properties.
YOU USE THE WEBSITE AND SERVICES AT YOUR OWN RISK. WE DO NOT MAKE ANY WARRANTIES OR GUARANTEES.
- Disclaimer of Warranties.
As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE TERA PROPERTIES IS AT YOUR SOLE RISK, AND THE TERA PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TERA PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TERA PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE TERA PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE TERA PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE TERA PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE TERA PROPERTIES WILL BE CORRECTED.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE TERA PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE TERA PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. TERA MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TERA OR THROUGH THE TERA PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
FROM TIME TO TIME, TERA MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT TERA’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT TERA PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD TERA PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE TERA PROPERTIES. YOU UNDERSTAND THAT TERA DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE TERA PROPERTIES. TERA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE TERA PROPERTIES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE TERA PROPERTIES.
TERA MAKES NO WARRANTY THAT ANY SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SUBSCRIPTIONS WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TERA MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE TERA PROPERTIES.
WHILE WE MAY HELP FACILITATE THE RESOLUTION OF DISPUTES AMONG USERS THROUGH VARIOUS PROGRAMS, WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF TRANSACTIONS, THE TRUTH OR ACCURACY OF USERS’ CONTENT, THE ABILITY OF SELLERS TO ACCEPT TRANSACTIONS, OR THAT AN SELLER WILL ACTUALLY HONOR A DEAL.
WE WILL NOT BE LIABLE TO YOU FOR AMOUNTS GREATER THAN THE AMOUNTS YOU PAY TO US DURING ANY 6-MONTH PERIOD.
- Limitation of Liability.
Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL TERA PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE TERA PROPERTIES OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT TERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE TERA PROPERTIES OR THIRD PARTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE TERA PROPERTIES; (2) ANY DEALS OFFERED THROUGH THE SERVICES; (3) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE TERA PROPERTIES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON TERA PROPERTIES; OR (6) ANY OTHER MATTER RELATED TO THE TERA PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
Cap on Liability. UNDER NO CIRCUMSTANCES WILL TERA PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY TERA AS A RESULT OF YOUR USE OF THE TERA PROPERTIES IN THE SIX MONTHS PRECEEDING THE DATE ON WHICH YOU FIRST ASSERT YOUR CLAIM. IF YOU HAVE NOT PAID TERA ANY AMOUNTS IN THE SIX MONTHS PRECEEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, TERA’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).
Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
User Content. TERA PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TERA AND YOU.
TELL US IF YOU THINK ANOTHER USER HAS VIOLATED YOUR INTELLECTUAL PROPERTY RIGHTS ON THE SERVICES, OR IF YOU THINK ANOTHER USER MAY HAVE INCORRECTLY REPORTED THAT YOU VIOLATED SUCH USER’S INTELLECTUAL PROPERTY RIGHTS.
- Procedure for Making Claims of Copyright Infringement. It is Tera’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Tera by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Tera Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Tera Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Tera’s DMCA Agent for notice of claims of copyright infringement is as follows:
EcoWarrior, Inc. (DBA Tera)
Attention: Copyright Agent
930 Tahoe Boulevard Suite #802, PMB #459
Incline Village, Nevada 89451
- Termination or Suspension of Services by Tera. Tera may terminate or suspend your right to use the Tera Properties at any time for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice. We may cancel unconfirmed Accounts or Accounts that have been inactive for a long time, or modify or discontinue our Services. Without limitation, Tera may terminate or suspend your right to use the Tera Properties if you breach any provision of the Terms or any policy of Tera posted through the Tera Properties from time to time; if Tera otherwise finds that you have engaged in inappropriate and/or offensive behavior; if Tera believes you are creating problems or possible legal liabilities; if Tera believes such action will improve the security of our community or reduce another User’s exposure to financial liabilities; if Tera believes you are infringing the rights of third parties; if Tera believes you are acting inconsistently with the spirit of these Terms; or if despite our reasonable endeavors, Tera is unable to verify or authenticate any information you provide. In addition to terminating or suspending your Account, Tera reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Even after your right to use the Services is terminated or suspended, these Terms will remain enforceable against you.
Termination of Services by You. If you want to terminate the Services provided by Tera, you may do so by closing your Account for all of the Services that you use.
Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud or similar purposes. Tera will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
IF YOU DO NOT ACT APPROPRIATELY, WE MAY SUSPEND OR DISCONTINUE YOUR ACCESS TO THE SERVICES. IF YOUR ACCESS TO THE SERVICES IS SUSPENDED OR DISCONTINUED, YOU MAY NOT CREATE ANOTHER ACCOUNT ON THE WEBSITE.
- Violations. If Tera becomes aware of any possible violations by you of the Terms, Tera reserves the right to investigate such violations. If, as a result of the investigation, Tera believes that criminal activity has occurred, Tera reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Tera is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Tera Properties, including Your Content, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms; (3) respond to any claims that Your Content violates the rights of third parties; (4) respond to your requests for customer service; (5) protect the rights, property or personal safety of Tera, its Users or the public; or (6) in connection with all enforcement actions or investigations or other government officials, as Tera in its sole discretion believes to be necessary or appropriate.
Breach. In the event that Tera determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the Tera Properties, Tera reserves the right to:
Warn you via e-mail (to any e-mail address you have provided to Tera) that you have violated the Terms;
Delete any of Your Content provided by you or your agent(s) to the Tera Properties;
Discontinue your registration(s) with any of the Tera Properties, including the Services;
Notify and/or send Content to, and/or fully cooperate with, the proper law enforcement authorities for further action; and/or
Pursue any other action which Tera deems to be appropriate.
No Subsequent Registration. If your registration(s) with or ability to access the Tera Properties is discontinued by Tera due to your violation of any portion of the Terms or for any other inappropriate conduct, as determined by Tera in its sole discretion, then you agree that you shall not attempt to re-register with or access the Tera Properties through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Tera reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
EVEN THOUGH YOU MAY BE ABLE TO ACCESS THE WEBSITE IN CERTAIN COUNTRIES THAT DOES NOT MEAN THAT THE SERVICES ARE AVAILABLE IN THOSE COUNTRIES.
- International Users. This Website can be accessed from countries around the world and may contain references to Tera Properties and Content that are not available in your country. These references do not imply that Tera intends to announce such Tera Properties or Content in your country. The Tera Properties are controlled and offered by Tera from its facilities in the United States of America. Tera makes no representations that the Tera Properties are appropriate or available for use in other locations. Those who access or use the Tera Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.
WE WILL USE ARBITRATION TO RESOLVE ANY CLAIMS BETWEEN US, AND YOU CANNOT JOIN A CLASS ACTION LAWSUIT OR OBTAIN A JURY TRIAL FOR ANY DISPUTES YOU HAVE WITH US RELATED TO THE USE OF THE WEBSITE AND SERVICES.
- Arbitration Agreement. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Tera and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with Tera, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify; and (2) you or Tera may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of these Terms.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Cogency Global Inc., 850 New Burton Road, Suite 201, Dover, Delaware 19904. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Tera will pay them for you. In addition, Tera will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Tera. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND TERA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Tera are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 17.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other disputes, claims, or requests for relief shall be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: email@example.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Tera username (if any), the email address you used to set up your Tera account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. Except as provided in Section 17.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Tera.
Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Tera makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Tera at the following address: EcoWarrior, Inc. (DBA Tera), 930 Tahoe Boulevard Suite #802, PMB #459, Incline Village, Nevada 89451.
- General Provisions.
Electronic Communications. The communications between you and Tera use electronic means, whether you visit the Tera Properties or send Tera emails, or whether Tera posts notices on the Tera Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Tera in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Tera provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Release. You hereby release Tera Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Tera Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites or services of any kind arising in connection with or as a result of the Terms or your use of the Tera Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Tera’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Force Majeure. Tera shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Tera Properties, please contact us at firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Nevada consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Notice. Where Tera requires that you provide an e-mail address, you are responsible for providing Tera with your most current e-mail address. In the event that the last e-mail address you provided to Tera is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Tera’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Tera at the following address: EcoWarrior, Inc. (DBA Tera), 930 Tahoe Boulevard Suite #802, PMB #459, Incline Village, Nevada 89451. Such notice shall be deemed given when received by Tera by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Export Control. You may not use, export, import, or transfer the Tera Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Tera Properties, and any other applicable laws. In particular, but without limitation, the Tera Properties may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Tera Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Tera Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Tera are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Tera products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.