The following terms and conditions (the "Agreement") apply to all uses of our web site. This web site is provided to you by Terrestra ("we" or "us"). By using this web site, you accept the terms of this Agreement. We reserve the right to change these terms at our sole discretion. Any changes will be posted on this page, and become effective on the day that such notice is posted. The new terms will replace any prior terms at that time.
By using the Terrestra web site, you agree that you are at least 18 years old (or are acting with the consent and supervision of your parent) and you have full power, capacity, and authority to accept these terms on behalf of yourself, or if applicable, your employer or other entity that you represent.
We want our web site to be safe, civil, and entertaining for everyone.
Please apply common sense when using this (or any other) web site. Despite our best efforts to provide useful and accurate information, errors may appear occasionally. Some of the content you may see was not created or posted by us (for example, discussion group postings). Anything posted by third parties on our site represents the views of those parties and we do not guarantee the accuracy of any posting.
You alone are responsible for the content of your messages and their consequences. You agree not to use our site to send or submit materials that:
We reserve the right, but do not assume the obligation, to restrict or prohibit your use of our site if we believe you are violating any of the terms of this Agreement, and to remove or edit any submission as we see fit.
Your use of this site is limited to personal, non-commercial purposes. Your commercial exploitation of the site is strictly prohibited.
You acknowledge that we permit access to content that is protected by copyrights, trademarks, and other intellectual and proprietary rights ("Rights"), and this Agreement and applicable copyright, trademark, and other laws govern your use of such content.
Limited license to you: You are free to view and print information you receive through our site for personal, non-commercial use. You may not reproduce, distribute, or otherwise use any of the materials without the prior written consent of the Rights holder. Requests for permission to reproduce, distribute, or otherwise use materials found on our site should be made to info[at]terrestra.com. The burden of determining whether any content on our site is or is not protected by Rights rests with you.
Links: We welcome links to our site. You are free to establish a hypertext link to any part of our site as long as the link does not state or imply any sponsorship or endorsement of your site by us, or make use of a logo without written consent of the logo owner.
No framing: You may not frame, or in-line link to, any of the content on our site, or incorporate any of our intellectual property into any other web site or service.
Marks: We do not want anyone to be confused about which materials and services are provided by us and which are not. You may not use any mark appearing on our sites without the prior written consent of the owner of the mark.
Your license to us: By submitting material to or through our site, you grant us the non-exclusive right to reproduce, modify, and distribute such material as we see fit. You agree that we may identify you as the author of any of your postings by name, email address, or screen name as we see appropriate. You also permit any other user to access, display, and print such content for personal use. By submitting material to us, you are representing that such material does not violate or infringe any rights of any third party, including, but not limited to, copyright, trademark, and other proprietary rights. If any third-party content is included in any materials that you submit, you must obtain permission from the content owner and attribute such content to the owner.
Notice of copyright infringement: If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this site, please notify us by sending an email to info[at]terrestra.com. Please note that we may access and disclose your personally identifiable information in order to address any infringement claim.
Indemnity: You agree to hold us harmless from any claim that may arise from your use of our site.
We provide links to various third-party web sites. These web sites and the parties that control them are beyond our control. We make no representations as to the content, quality, suitability, functionality, or legality of any sites to which we may provide links, and you hereby waive any claim you might have against us with respect to such sites and their operators.
You may order services or merchandise through links on our sites from persons not affiliated with us. All matters concerning such merchandise or services, including, but not limited to, purchase terms, payment terms, warranties, guarantees, and delivery, are solely between you and the merchants with whom you chose to do business. We make no warranties or representations whatsoever with regard to any goods or services provided by those merchants. You will not consider us, nor will we be deemed, a party to such transactions. We will not be liable for any costs or damages arising out of any transaction (whether directly or indirectly) between you and any other person or entity.
You agree that use of our site is at your sole risk. Our site is provided on an "as is" and "as available" basis. Terrestra cannot and does not warrant the accuracy, completeness, currentness, non-infringement, merchantability, or fitness for a particular purpose of the information, materials, and services available through our site. We do not guarantee our site to be error-free, secure, continuously available, or free of viruses or other harmful components.
You agree that if you rely on any data or information obtained through our site, you do so at your own risk. You are solely responsible for any damage or loss that results from your use of any material and/or data.
Terrestra makes no warranty regarding any goods or services referred to, advertised on, or obtained through our site.
Under no circumstances will Terrestra be liable to you or anyone else for any damages arising out of your use of our site, including, without limitation, liability for consequential, special, incidental, indirect, or similar damages, even if we are advised beforehand of the possibility of such damages. You agree that the liability of Terrestra, if any, arising out of any legal claim in any way connected to our site will not exceed the amount you paid us to use the site. In states that do not allow the exclusion or limitation of certain categories of damages, the liability of Terrestra is limited to the fullest extent permitted by such state law.
We may discontinue, change, suspend, or restrict access to our site or any portion of our site at any time without liability to you or any third party.
This site is controlled and operated by Terrestra from the state of California. If you choose to access our site from other locations you do so on your own initiative and are responsible for compliance with applicable local laws. This Agreement constitutes an agreement made in, and to be construed in accordance with the laws of the State of California without regard to its conflict of law provisions. By using this site, you consent to the exclusive jurisdiction of the state and federal courts in San Francisco, California, in all disputes arising out of or relating to this Agreement or our site.
You agree not take any legal action against us that relates to or arises out of our web site without first (a) sending us, via registered mail or national overnight courier service, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, for not less than 30 days, toward resolution of the dispute. All correspondence concerning such disputes must be sent to Terrestra, 3533A California Street, San Francisco, CA 94118.
In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any provision is held invalid by a court with jurisdiction over the parties to the Agreement, such provision will be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect. If either party fails to insist upon or enforce strict performance by the other party of any provision of the Agreement, or to exercise any right under the Agreement, such a failure will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance.
This Agreement constitutes the entire understanding between the parties as to the subject matter hereof, and supersedes all prior agreements and understandings relating to such subject matter.
Contents of this site are copyright 2003-2015 by Terrestra, Inc. Unauthorized distribution or reproduction is prohibited.