legal information
Earthpark™ Web Site User Agreement
By using this Web site, you acknowledge and agree with Earthpark
(the "Company") to be bound by the following terms and conditions governing
your use of the Web site:
You agree to
provide information which is: (i) accurate and not misleading and (ii)
free of damaging content, including, without limitation, viruses, bugs, "Trojan
Horses", worms, time bombs, cancelbots or other computer programs that
have the purpose or effect of disabling, overburdening, damaging, interfering,
altering, intercepting, expropriating or otherwise impacting or affecting
the Web site or computer systems or other users of the Web site. Should
you provide the Company by electronic mail or otherwise with information
including feedback data, such as questions, comments, suggestions,
such information shall be deemed to be non-confidential and the Company
shall have no obligation of any kind with respect to such information
and shall be free to reproduce, use, disclose and distribute the information
to others without limitation to the extent permitted by state and federal
law. The Company shall be free to use any ideas, concepts, know-how
or techniques contained in such information for any purpose whatsoever
including but not limited to developing and marketing services incorporating
such information.
While the Company
endeavors to ensure uninterrupted service, there may be times when,
for whatever reason, electronic communication to or from the Company,
or access or use of this Web site is delayed, impaired or impossible
(collectively, "Technical Difficulties"). Should you experience any
Technical Difficulties promptly contact the Company using the contact
information provided below. In no event shall the Company be liable
to you for any loss of information, blockages or delays affecting data,
information, notifications, purchases, deliveries or any other aspect
of the Web site due to Technical Difficulties.
Neither the Company
nor its affiliated, related or subsidiary companies, nor any of their
respective owners, directors, officers, employees, agents, contractors
or suppliers, makes any representations or warranties regarding the
availability, suitability, reliability, merchantability, non-infringement,
capability, usefulness or fitness for any general or particular purpose
of the Web Site, or regarding the characteristics of services provided
by or through the Web Site, or regarding the timeliness, accuracy or
usefulness of information obtained from or through the Web Site. The
Web Site is provided to you "As Is, Where Is", without any warranty
of any kind, express or implied.
You assume and accept all
liability and/or risk associated with use of the Web site. In connection
therewith, you will protect, defend, hold harmless and indemnify the
Company and its owners, directors, officers, employees, agents, insurers,
other customers, contractors, vendors, suppliers and invitees, and
those of its subsidiary or affiliated companies, from and against any
and all demands, claims, actions, costs, expenses (including, without
limitation, legal costs and attorney's fees to enforce rights arising
hereunder) and liabilities (individually, "Claim", collectively, "Claims")
brought or asserted against the Company by or on behalf of any person
or entity whomsoever, which Claims directly or indirectly relate to
your use of the Web Site, by whomsoever incurred, regardless of the
extent to which, if at all, a Claim may be attributable, in whole or
in part, to the breach of contract, negligence, strict liability or
other legal fault of the Company, for acts or omissions occurring or
conditions existing at any time. The Company shall not be liable to
you for any loss of business, opportunity, revenue or profit; loss
of reputation or goodwill; cost of money; or for any punitive, special,
indirect, incidental or consequential damages of any nature whatsoever
arising out of or in connection with your use of the Web site, by whomsoever
incurred and regardless of cause, including whether attributable, in
whole or in part, to the breach of contract, negligence, strict liability
or other legal fault of the Company in connection with the establishment
or operation of the Web site.
This Web site
contains content, names, and graphics which are protected by copyright
and trademark laws and are the sole property of the Company or its
affiliates. All rights reserved. The use of any protected property
without the express written consent of the Company is prohibited. No
content from this site may be copied, modified, uploaded, or distributed
in any form or manner without our prior written consent. Any unauthorized
use of content from this site which may violate copyright or trademark
laws could result in criminal or civil penalties.
This Agreement, establishment,
operation and use of the Web Site and activities related thereto, are
governed by and shall be construed in accordance with the laws of the
State of Iowa, excluding any conflicts of laws principles that may
call for the application of the laws of any other jurisdiction. By
using this Web Site, or by contracting for or accepting services from
the Company through this Web Site, you expressly agree, for yourself
and for your successors and assigns, to: (i) submission of all disputes
arising out of or in connection with this Agreement to litigation,
(ii) without a jury, (iii) in a state or federal court located in Des
Moines, IA, (iv) waive and not assert in any proceeding that you are
not bound to litigate as aforesaid, that you are not subject to the
jurisdiction of the state or federal courts of Des Moines, IA or that
Des Moines, IA is an improper or inconvenient location or forum in
which to litigate and (v) the entry of any settlement or judgment arising
from such litigation in a court of competent jurisdiction for the purpose
of enforcing such settlement or making such award executory in that
jurisdiction. You are responsible for ensuring that your conduct is
at all times in compliance with the laws, rules and regulations applicable
to business transactions conducted in your particular location or by
persons or entities of your citizenship.
No course of dealing and no delay
by either party in exercising any right, power or remedy shall operate
as a waiver thereof or otherwise prejudice its rights, powers or remedies.
If any provision of this
Agreement is deemed invalid or unenforceable, then the invalid or unenforceable
provision shall be stricken and replaced with a valid and enforceable
provision that most closely matches the intent of the original, stricken
provision and all other provisions of this Agreement shall be unaffected
and remain in full force.
All notices to the Company shall
be directed in writing to the attention of General Counsel, Earthpark,
1533 Linden Street, Ste 200 Des Moines, IA 50309. |
