Terms and Conditions of Use
Earth Experience International, LLC.
280 E. Hersey St., Suite 18
Ashland, OR 97520
“Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site.
“Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.
“Educator” means a teacher at an accredited K-12 school, college or university. An Educator is also a Subscriber.
“Exercise Files” refers to the exercise files prepared by the authors for use with the training videos and other media.
“Earth Experience.com” refers to Earth Experience International, LLC, an Oregon corporation.
“Bulk Subscriber” refers to a Subscriber who purchases a registration codes to the Online Training Courses for multiple Users.
“Online Training Courses” or “OTC” means the subscription-based database of audio-visual works that is available through the Site and is part of the Site.
“Premium Content” means the training videos and other media available on the OTC, including the Exercise Files.
“Standard Content” means the training videos and other media available on the OTC, excluding the Exercise Files.
“Single-User Subscriber” refers to a Subscriber who purchases an access code to the online training for one (1) User.
“Student” means a pupil at an accredited K-12 school, college or university. A Student is also a Subscriber.
“Subscriber” refers to any person or entity that purchases or uses a subscription to the Online Training Courses, and may be a Single-User Subscriber, Bulk Subscriber, Educator, Student or gift subscription recipient.
“User” refers to any party who Accesses the Site.
“Website” or “Site” refers to the website maintained on the World Wide Web by Earth Experience.com, available at http://www.Earth Experience.com and http://rescue3.com/onlinetraining, and includes the online training courses.
3. Modification of Terms.
Earth Experience.com reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after Earth Experience.com gives notice to the User. Notice can be given through e-mail, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.
4. Limited License.
Earth Experience.com hereby grants each Subscriber a limited, non-exclusive, non-sub licensable and non-transferable license to Access the content and information available in the Online Training Courses according to the provisions contained herein, and subject to the payment of the applicable course fees and adherence to these Terms.
Each Bulk Subscriber may only redistribute access codes to single individuals. If the Bulk Subscriber’s codes terminate, the Bulk Subscriber’s employees and agents shall no longer have Access to the online training courses. Each Bulk Subscriber agrees that the OTC may not be Accessed by more than the one single user subscriber per purchased access code. Each User shall be authorized to Access the OTC from any Internet connection.
A Bulk Subscriber administrator selected by the Subscriber (the “Administrator”) shall be designated to oversee and be responsible for management of the User accounts and access codes.
5. Fees; Renewal; Refund Policies.
Automatically renews on the same date of each corresponding month or on final date of month if no corresponding date (January 31, 2011 subscription renews on February 28, 2011)
Fees charged on renewal date
Course registration fees are non-refundable;
Earth Experience.com may increase fees for a subsequent course purchase at any time and for any reason.
Right of Access to the OTC granted under these Terms is effective only upon payment of the subscription fees
Earth Experience.com may terminate the subscription and these Terms if unable to renew the subscription based on inaccurate or outdated credit card information
Right of Access to the OTC granted under these Terms is effective only upon payment of the subscription fees
6. Gift Subscriptions
The following gift subscriptions for Access to the OTC are available for purchase:
Premium (one-year subscription to Premium Content)
Standard (one-month, three-month, six-month and one-year subscriptions to Standard Content)
A person can purchase the gift subscription on the Site. After a person purchases a gift subscription, Earth Experience.com will send a welcome email to the recipient informing them of the gift subscription.
Gift Subscription Terms and Conditions
No exchange or surrender for cash value
If an existing Subscriber receives a Premium gift subscription:
If person already has a subscription to the OTC’s Standard Content and receives a Premium gift subscription, when redeemed by Subscriber, Earth Experience.com will suspend the person’s subscription to the Standard Content and immediately upgrade the person’s Premium gift subscription, and resume the remainder of the term of the Standard Content subscription after the termination of the Premium gift subscription
If a person already has a subscription to the OTC’s Premium Content and receives a Premium gift subscription, Earth Experience.com will commence the gift subscription after the termination of the person’s existing subscription
If an existing Subscriber receives a Standard gift subscription:
If a person already has a subscription to the OTC’s Premium Content or Standard Content and receives a Standard gift subscription, Earth Experience.com will commence the gift subscription after the termination of the person’s existing subscription
A recipient’s use of a gift subscription constitutes acceptance of and agreement to these Terms
7. Access to the OTC; Modification of Content.
Earth Experience.com strives to provide the OTC to its Subscribers on a continuous basis. To that end, Earth Experience.com will take all commercially reasonable efforts to provide uninterrupted Access to the OTC to its Subscribers. However, from time to time, Subscribers may be unable to Access the OTC due to conditions beyond Earth Experience.com’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the OTC to its Subscribers, Earth Experience.com will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
Earth Experience.com endeavors to provide the highest quality content to its Subscribers. To that end, Earth Experience.com reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.
Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.
8. Prohibited Conduct.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects Earth Experience.com’s computers, servers or databases.
Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
Permit or provide others Access to the OTC using Your user name and password or otherwise, or the name and password of another authorized User.
Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.
Violate or attempt to violate Earth Experience.com’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
Engage in any other conduct which violates the Copyright Act or other laws of the United States.
Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or Earth Experience.com.
Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Earth Experience.com.
Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
Advertise or otherwise solicit funds, goods or services on the Site.
Provide any commercial hosting service with Access to the Site and/or the content on the Site.
To ensure that Users of the Site do not engage in Prohibited Conduct, Earth Experience.com reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the OTC to any person or entity whose use of the OTC suggests Prohibited Conduct. Access of the materials available at the OTC beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the OTC and will result in revocation or denial of Access to the OTC. The terms “normal patterns” and “abuse” shall be determined solely by Earth Experience.com.
You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.
9. LIMITED WARRANTIES.
Earth Experience.com warrants that the software that allows Users to Access the OTC (“Software”), if operated as directed, will substantially achieve the functionality described on the Site. EARTH EXPERIENCE.COM PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE.
Earth Experience.com also warrants that the media containing the Software, if provided by Earth Experience.com, is free from defects in material on the date the User acquired the Software. EARTH EXPERIENCE.COM’S SOLE LIABILITY FOR ANY BREACH OF THIS WARRANTY SHALL BE, IN ITS SOLE AND ABSOLUTE DISCRETION: (A) TO REPLACE THE DEFECTIVE MEDIA OR SOFTWARE; (B) TO ADVISE THE USER HOW TO ACHIEVE SUBSTANTIALLY THE SAME FUNCTIONALITY WITH THE SOFTWARE AS DESCRIBED; OR (C) IF THE ABOVE REMEDIES ARE IMPRACTICABLE, TO REFUND THE SUBSCRIPTION FEE PAID FOR ACCESS TO THE OTC. THE USER MUST INFORM EARTH EXPERIENCE.COM OF ANY PROBLEM WITH THE SOFTWARE WITHIN THIRTY (30) CALENDAR DAYS OF DISCOVERING THE PROBLEM OR EARTH EXPERIENCE.COM WILL NOT BE OBLIGATED TO HONOR THIS WARRANTY. EARTH EXPERIENCE.COM WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR, REPLACE, OR REFUND THE SOFTWARE PURSUANT TO THE FOREGOING WARRANTY WITHIN THIRTY (30) CALENDAR DAYS OF BEING SO NOTIFIED. IF ANY MODIFICATIONS ARE MADE TO THE SOFTWARE BY THE USER DURING THE WARRANTY PERIOD; IF THE MEDIUM OR SOFTWARE IS SUBJECTED TO ACCIDENT, ABUSE, OR IMPROPER USE; OR IF THE USER VIOLATES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY TERMINATE. THIS WARRANTY SHALL NOT APPLY IF THE SOFTWARE IS USED ON OR IN CONJUNCTION WITH HARDWARE OR SOFTWARE OTHER THAN THE UNMODIFIED VERSION OF HARDWARE AND SOFTWARE WITH WHICH THE SOFTWARE WAS DESIGNED TO BE USED AS DESCRIBED.
ALTHOUGH EARTH EXPERIENCE.COM HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.
10. DISCLAIMERS AND LIMITATION OF LIABILITY.
USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH IN SECTION 10), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. EARTH EXPERIENCE.COM DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. EARTH EXPERIENCE.COM DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL EARTH EXPERIENCE.COM OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT EARTH EXPERIENCE.COM RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE OTC, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL EARTH EXPERIENCE.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT EARTH EXPERIENCE.COM RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE OTC, EVEN IF EARTH EXPERIENCE.COM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF EARTH EXPERIENCE.COM, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. EARTH EXPERIENCE.COM IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
NO DEALER, AGENT, OR EMPLOYEE OF EARTH EXPERIENCE.COM IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.
EARTH EXPERIENCE.COM DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT EARTH EXPERIENCE.COM RECEIVED FROM THE SUBSCRIBER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE.
THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.
11. Third Party Content; Hyperlinks.
You acknowledge that Earth Experience.com does not pre-screen third party materials. Earth Experience.com is not the publisher or author of any information on the Site that is provided by third party content providers, and Earth Experience.com is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and Earth Experience.com’s use of the content constitutes neither an endorsement nor a recommendation by Earth Experience.com of the content. Earth Experience.com assumes no responsibility for third party products or services.
Earth Experience.com may contain links and references to other third party websites and materials. Earth Experience.com does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. Earth Experience.com does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. Earth Experience.com may disable any hyperlink to the Site. Earth Experience.com has the right but not obligation to monitor third party websites and hyperlinks to the Site.
EARTH EXPERIENCE.COM MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, EARTH EXPERIENCE.COM DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
12. Copyrights, Trademarks and Other Proprietary Rights.
Earth Experience.com or its third party content providers including but not limited to Rescue 3 International, shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Earth Experience.com. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the OTC may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Earth Experience.com, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of Earth Experience.com’s intellectual property except as set forth in Section 4.
If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to Earth Experience.com, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.
User agrees to defend, indemnify and otherwise hold harmless Earth Experience.com and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.
14. Security; Authorized Use.
Users are prohibited from violating or attempting to violate the security of the Site. Earth Experience.com has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Earth Experience.com may suspend Your Access while it conducts an investigation. Users are required to enter a user name and password to Access the OTC. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your user name and password.
You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms.
You may not use the account, user name or password of someone else at any time. You agree to notify Earth Experience.com immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information. You also agree to notify Earth Experience.com immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. Earth Experience.com will not be liable for any loss that You incur as a result of someone else using Your user name and password with or without Your knowledge. You may be held liable for any losses incurred by Earth Experience.com, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user name or password.
Earth Experience.com will never ask You for Your password. If You need a new user name and/or password, Earth Experience.com will generate a new user name and password automatically through its computers and send it to Your e-mail or postal address.
15. Termination of Agreement.
In addition to Earth Experience.com’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Earth Experience.com may also terminate Access to the OTC or cancel subscriptions to the OTC without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that Earth Experience.com deems inappropriate.
In the event of termination of this Agreement, the provisions in this Section and the provisions found in Sections 2, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 shall survive in perpetuity. Each Subscriber’s obligation to pay outstanding subscription fees shall survive any termination of this Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THE WEBSITE POLICIES, DO NOT ACCESS OR USE THIS WEBSITE.
A. INFORMATION WE COLLECT ABOUT YOU
We collect several types of information about visitors to this Website and/or users of our services. We may collect this information either directly when you provide it to us or automatically as you navigate through the Website.
a) Personally Identifiable Information. ‘Personally Identifiable Information’ refers to information by which you may be personally identified, such as your name, email address, or school. We will collect and process such data about you when you register for a service/create an account, subscribe to a newsletter, submit feedback, enter a contest, fill out a survey, or send us a communication. When ordering products or services on the Website, you may also be asked to provide a credit card number and other payment-related information. You may also provide information to be published or displayed (“posted”) on public areas of the Website (such as blogs, forums, message boards, and the like), or transmitted to other users of the Website using ‘sharing’ features (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. We cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
(b) Non-Personally Identifiable Information. We may collect, or our third party ad server and/or content server may collect, certain Non-Personally Identifiable Information, that does not by itself identify a specific individual. Such information tells us about your equipment, browsing actions, the resources that you access and use on the Website, your Internet Protocol (‘IP’) address, operating system and browser type. We use your IP address to diagnose problems with our servers, software, to administer our Website and to gather demographic information.
(c) Device Information. When you download our mobile application and use our services, we automatically collect information on the type of device you use and the operating system version, so we know the best application version to provide you with. We do not ask you for, access or track any location based information from your mobile device at any time while downloading or using our Mobile Application or services.
B. WHERE WE STORE DATA
C. HOW WE USE YOUR INFORMATION
We use information held about you in the following ways:
- To ensure that content from our Website is presented in the most effective manner for you and for your computer
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes
- To carry out our obligations arising from any contracts entered into between you and us, including for billing and collection
- If you pay for a service using a credit card, we will transmit your credit card data to the appropriate credit card company and/or credit card payment processing company.
- To allow you to participate in interactive features of our service, when you choose to do so
- To notify you about changes to our service
- In any other way we may describe when you provide the information
If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those, which were the subject of a previous sale to you.
If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
If you use the Contact Us form on our site, we will respond to your inquiry and delete the information provided after your request has been fulfilled.
D. DISCLOSURE OF YOUR INFORMATION
(a) We provide some of our services through contractual arrangements with services providers and other third parties. We and our service partners use your Personally Identifiable Information to operate our websites and to deliver services. For example, we must release your credit card information to the card-issuing bank to confirm payment for products and services purchased on this Website; release your address information to the delivery service to deliver products that you ordered; and provide order information to third parties that help us provide customer service. We will encourage our service partners to adopt and post privacy policies. However, the use of your Personally Identifiable Information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.
(b) We will disclose Personally Identifiable Information in the following circumstances: (i) if it is required by law enforcement or judicial authorities, or to cooperate with a law enforcement investigation; (ii) if we have a good faith belief that we are required or permitted to do so by law or legal process; (iii) to protect the rights, reputation, property or safety of EarthExperience.com or others; (iv) to defend or enforce our rights or your obligations; (v) if the disclosure is required by mandatory professional standards; (vi) to a 3rd party with your prior consent to do so; or (vii) If we are under a duty to disclose or
share your personal data in order to enforce or apply our Website Policies, or any contracts or agreement that may exist between you and EarthExperience.com. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
(c) In the event that EarthExperience.com decides to sell all or part of its stock or assets or enter into a merger, we reserve the right to include Personally Identifiable Information and Non-Personally Identifiable Information among the assets transferred to the acquiring or surviving company.
E. UPDATING OR CORRECTING YOUR PERSONALLY IDENTIFYING INFORMATION
You may change any of yours or your child’s Personally Identifiable Information online by logging into ‘My Account’ in accordance with instructions posted elsewhere on this Website.
You may also access, request deletion, and correct your information and privacy preferences by emailing us at support@EarthExperience.com or writing to us at:
280 E. Hersey St., Suite 18
Ashland, OR 97520
Attn: Business Affairs
Please include name, address, and e-mail address when you contact us. We encourage you to promptly update your Personally Identifiable Information if it changes. Because we keep track of past transactions, you cannot delete information associated with past transactions on this Website. In addition, it may be impossible to completely delete your information without some residual information because of backups.
F. CANCELLING YOUR ACCOUNT OR DELETING PERSONALLY IDENTIFIABLE INFORMATION
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel yours or your child’s account or request that we no longer use your information to provide you services contact us at support@EarthExperience.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We will respond to your request to access within 30 days.
G. CHOICES REGARDING YOUR CONTROL OF YOUR PERSONALLY IDENTIFIABLE INFORMATION
You can access some of the information that we collect about you. For example, you can access information regarding recent orders from the Website, MyAccount.
We do not buy or sell e-mail lists, or use purchased or harvested e-mail lists. We offer commercial e-mail recipients the opportunity to opt-out of further communications in every e-mail. Please note that we may not include the opt-out information in non-commercial e-mails (i.e., e-mails concerning your order, the Website Terms and Conditions of Use, etc.).
You also have choices with respect to cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Website may not work properly in your case.
H. INFORMATION RELATED TO DATA COLLECTED THROUGH THE EARTHEXPERIENCE.COM PLATFORM SERVICE
EarthExperience.com will retain personal data we process on behalf of our clients for as long as needed to provide services to our client. We will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
I. DATA SECURITY
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using Secure Sockets Layer (SSL) technology.
To make online purchases you must use an SSL-enabled browser in order to protect the confidentiality of your personal and credit card information while it is transmitted over the Internet.
Access by you to your account is available through a password and/or unique username selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone, that you change your password often using a combination of letters and numbers, and that you ensure you use a secure web browser. We cannot be held accountable for activity that results from your own neglect to safeguard the secrecy of your password and username. If you share a computer with anyone, you should always log out of the Website before leaving it to prevent access to your information from subsequent users of that computer.
Please notify us as soon as possible if your user name or password is compromised. firstname.lastname@example.org
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Website cannot be guaranteed and we shall have no liability to you or any third party for loss, misuse, disclosure or alteration of such information; and (c) any such information and data may be viewed or tampered with in transit by a third party.
In the unlikely event that we believe that the security of your Personally Identifiable Information in our control may have been compromised, we will notify you as promptly as possible under the circumstances. To the extent we have your e-mail address, we may notify you by e-mail and you consent to our use of e-mail as a means of such notification. If you prefer for us to use another method to notify you in this situation, please e-mail us at businessaffairs@EarthExperience.com with the alternative contact information you wish to be used.
These Terms constitute the entire agreement between Earth Experience.com and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Earth Experience.com and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, Earth Experience.com may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Earth Experience.com’s remedies are cumulative and not exclusive. Failure of Earth Experience.com to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. Earth Experience.com makes no representation that the content of the Site is appropriate or available for use in all locations. Earth Experience.com operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. Earth Experience.com cannot provide notifications via post, only e-mail.
18. Governing Law; Dispute Resolution; Forum and Venue.
These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by Oregon law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and Earth Experience.com shall be finally resolved through binding arbitration in Portland, Oregon. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the Oregon Superior Court, County of Jackson. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the Oregon Superior Court, County of Jackson for any equitable claim or other action related to or arising from these Terms. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.