TERMS of SERVICES
b. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions.
To sign up for the Services, you may be required to register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) use as a username, the name of another person with the intent to impersonate that person; (ii) use as a username, a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username, a name that is otherwise offensive, vulgar or obscene.
You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately if any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account by sending a request to [email protected].
4. Earthē Communities & Members Club
As part of the Services, you may apply to become a part of the Earthē Community. As a part of our Community you may have access to certain residential Services, including access to accommodations in the Earthē Community. You can learn more about our Services and community at https://stay-earthe.com/community. An application may involve several steps, including: (i) providing certain personal details, such as your name, email address and phone number; (ii) answering several optional questions about yourself, such as your housing budget, commuting needs and other housing preferences; (iii) providing payment information to a third-party payment processor that we use (the “Payment Processor”) such as direct debit information for an account with a financial institution or a credit card for the purpose of future processing of any payments to us that you authorize, such as deposit and housing rental fees; (iv) electing to share certain personally identifiable information with third party websites, services or applications for the purposes of running a background or credit check.
b. Content. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
c. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
6. Rules of Conduct
b. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
- impersonates any person or entity, including any of our employees or representatives; or
- includes anyone’s identification documents or sensitive financial information.
c. You shall not:
- (i) take any action that imposes or may impose (as determined by us in our sole discretion)
an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
- (ii) interfere, or attempt to interfere, with the proper working of the Services or any activities conducted on the Services;
- (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
- (iv) run any form of auto-responder or “spam” on the Services;
- (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
- (vi) harvest or scrape any Content from the Services; or
- (vii) otherwise take any action in violation of our guidelines and policies.
d. You shall not (directly or indirectly):
- (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction,
- (ii) modify, translate, or otherwise create derivative works of any part of the Services, or
- (iii) copy, rent, lease, membership, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
e. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
- (i) satisfy any applicable law, regulation, legal process or governmental request,
- (iii) detect, prevent, or otherwise address fraud, security or technical issues,
- (iv) respond to user support requests, or
- (v) protect the rights, property or safety of us, our users and the public.
7. Third Party Services
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
8. Payments and Billing
a. Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please email [email protected] to obtain a copy of our Paid Services agreement and for a copy of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.
b. Billing.We use the Payment Processor to bill you through a payment account, such as a bank account or debit or credit card, linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
c. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
d. Recurring Billing.Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act
e. Current Information RequiredYou must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be via [email protected]. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above.
f. Change in Amount Authorized.If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
g. Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
h. Free Trials and Other Promotions.Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at [email protected].
10. Warranty Disclaimer
a. We have no special relationship with, or fiduciary duty to, you. You acknowledge that We have no duty to take any action regarding:
- which users gain access to the Services, including which users are approved by Earthē Residents;
- what Content you access via the Services; or
- how you may interpret or use the Content.
b. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
c.The services and content are provided “as is”, “as available” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We, and our directors, employees, agents, suppliers, partners and content providers do not warrant that:
- (i) the services will be secure or available at any particular time or location;
- (ii) any defects or errors will be corrected;
- (iii) any content or software available at or through the services is free of viruses or other harmful components; or
- (iv) the results of using the services will meet your requirements. Your use of the services is solely at your own risk.
12. Disclaimer; Limitation of Liability
You are solely responsible for your interactions and arrangements with other individuals, including users, Members and Residents. We make no representations or warranties as to
- (i) the conduct of users, Members or Residents
- (ii) users’, Members’, or Residents’ compatibility with current or future Residents, including fellow Aashnaliving Community residents or neighbors, or
- (iii) any information concerning any activities or arrangements suggested by users, Members or Residents.
In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services
- (i) for any damages arising out of or relating to your or anyone else’s conduct in connection with the services, including, without limitation bodily injury, emotional distress and any damages resulting in any way from communications, meetings, activities or arrangements with users, Residents or persons you may otherwise meet through the services,
- (ii) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever (however arising),
- (iii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or
- (iv) for any direct damages in excess of (in the aggregate) of the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $500.00.
You agree to take reasonable precautions and exercise the utmost personal care in all interactions with other users or Residents or any other individual you come into contact with through the Services, particularly if you decide to meet such users, Residents or individuals in person. You understand and agree that we make no guarantees, express or implied, regarding your compatibility with users, Residents or other individuals you meet through the Services, including any fellow Aashnaliving Community residents or neighbors. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals. We strongly advise you to use the utmost caution before sharing any personally identifiable information with others. We do not and cannot assure you that it is safe for you to have direct contact with any other individual that you come into contact with through the Services. If you believe that any individual is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities, and then to contact us at [email protected] so that we may take appropriate action.
13. Governing Law and Jurisdiction
b. Force Majeure We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Earthē & Co