TERMS & CONDITIONS
Please read these Terms & Conditions carefully before using this web site. By using this site in any manner, you acknowledge that you have read, understood and agreed to be bound by these Terms & Conditions. If you do not agree, you should not use this site. We may change or revise this information at any time without notice, so please visit this area each time you visit the web site to keep up to date with the current Terms & Conditions. We may also, in our sole discretion and at any time, discontinue this web site or any part thereof without notice.
If products are ordered or purchased via this web site, Terms of Sale may also apply to such products. Such terms will be displayed at the location of the site where the ordering of products takes place.
Ownership and Operation
This web site belongs to and is controlled by Terra Cetera, LLC.
This web site’s contents are controlled from within the United States of America. Access to this web site from territories where its content is illegal is prohibited. Those who choose to access this web site from outside the United States are responsible for compliance with all local laws applicable to them with respect to the content and operation of this web site.
Terra Cetera, LLC respects the intellectual property rights of others and expects users of its Web Sites (Terra Cetera, LLC owned or managed) and Services to do the same. Terra Cetera, LLC may remove content that in its sole discretion appears to infringe the intellectual property rights of others. In addition, Terra Cetera, LLC in its sole and absolute discretion, may terminate the accounts of users who infringe the intellectual property rights of others.
If you believe that a user of the Web Sites or the Services has infringed your intellectual property rights, please notify [email protected] and provide the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right; (b) an identification of the intellectual property claimed to have been infringed; (c) a detailed description of the material that you claim is infringing, so that we may locate it, including the URL where the infringing material appears; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property right’s owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the foregoing information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.
We may from time to time monitor or review discussions, chats, postings, bulletin boards and links on this web site, but we are under no obligation to do so and assume no responsibility or liability arising from the content of any such communications nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy of any such communications. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
Disclaimer of warranties and limitation of liability
The Terra Cetera services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the Terra Cetera services are provided by Terra Cetera, LLC on an "as is" and "as available" basis, unless otherwise specified in writing. Terra Cetera makes no representations or warranties of any kind, express or implied, as to the operation of the Terra Cetera services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Terra Cetera services, unless otherwise specified in writing. You expressly agree that your use of the Terra Cetera services is at your sole risk.
To the full extent permissible by applicable law, Terra Cetera disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Terra Cetera does not warrant that the Terra Cetera services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Terra Cetera services, amazon's servers or electronic communications sent from Terra Cetera are free of viruses or other harmful components. Terra Cetera will not be liable for any damages of any kind arising from the use of any Terra Cetera service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any Terra Cetera service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Under no circumstances, whether due to negligence or otherwise, shall Terra Cetera, LLC, including its directors, officers, employees, affiliates, successors or assigns be liable for any damages or injury, including any direct, indirect, special, incidental, consequential, punitive or other damages, including but not limited to loss of data or profit, that may result from the use of, or the inability to use, the web site or any materials in this site, arising out of or in connection with the use or performance of the website or information available in the web site. These include, but are not limited to, damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component. Some jurisdictions may not allow the exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Terra Cetera, LLC . total liability to you for damages, losses, and/or causes of action exceed one hundred dollars ($100). Any claim or cause of action you may have with respect to this site (including but not limited to the purchase of Terra Cetera, LLC . products) must be commenced within one (1) year after the claim or cause of action arises.
For your convenience, this site may contain links to third party web sites not owned or operated by Terra Cetera, LLC . If you use these links, you will leave this site. Please note that Terra Cetera, LLC. has no control over the content appearing on such third party sites. In addition, while Terra Cetera, LLC. may provide you with a link to a third party web site, it is understood that Terra Cetera, LLC . does not endorse, approve, sponsor or support such sites. Further, Terra Cetera, LLC. shall not be responsible or liable, in any way whatsoever for the content of such third party web site, or the consequences or damages resulting from your use thereof. Please note that the privacy policies applicable to such third party sites may differ significantly from the Terra Cetera, LLC. Privacy Statement. If you decide to access any of these linked third party sites, you do so entirely at your own risk.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
The materials and information in this web site and any materials made available through this website are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Terra Cetera, LLC disclaims all warranties, express or implied, including but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Terra Cetera, LLC disclaims all liability and assumes no responsibility for the results of any defects or inaccuracies that may exist in the web site or from its operation. Terra Cetera, LLC makes no warranty that (I) the operation of the web site will meet the users requirements; (II) access to the web site will be uninterrupted, timely, secure, free of viruses, worms, Trojan horses or other harmful components, or be free of defects or errors; (III) the results that may be obtained from the use of the website will be accurate or reliable; or (IV) defects will be corrected. You, and not Terra Cetera, LLC, assumes the entire cost of servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this website.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have different and/or additional rights and remedies that vary from state to state.
Any dispute or claim relating in any way to your use of any TERRA CETERA Service, or to any products or services sold or distributed by TERRA CETERA or through Terracetera.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 138 Estancia, Irvine, California, 92602. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, TERRA CETERA will not seek attorneys' fees and costs in arbitration 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 county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Applicable Law/Place of Jurisdiction
This web site may contain statements that involve Terra Cetera, LLC. intentions, expectations or predictions. Such statements reflect the views of Terra Cetera, LLC. as of the date made with respect to future events and are subject to risks and uncertainties. These statements could be inaccurate or could become inaccurate as a result of developments occurring after their respective dates. Terra Cetera, LLC. disclaims any intention or obligation to update or revise these statements.
If any provision of these Terms &
Conditions shall be found to be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these Terms
& Conditions and shall not affect the validity and enforceability of any
remaining provisions. No failure on the part of Terra Cetera, LLC to enforce
these Terms & Conditions shall constitute a waiver of any of Terra Cetera,
LLC rights under these Terms & Conditions whether for past or future
actions on the part of any person.
Protecting your account
Some portions of this website permit username and passwords to be used. You are responsible for protecting your unique username and password and you agree to be responsible for all activities performed under your user account.
License and site access
Terra Cetera, LLC grants you (the user) a limited license to access and make personal use of this website. This license does not include the right to download any material (other than routine page caching), modify any material, or any portion thereof, without the express written consent of Terra Cetera, LLC., or the owner of any copyright protected material permitted use by Terra Cetera, LLC. This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/ or copying account information. This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of Terra Cetera, LLC You are prohibited from using meta tags or any other hidden text utilizing Terra Cetera, LLC's name or trademarks without the express written consent of Terra Cetera, LLC. Any unauthorized use of this websites voids the limited license granted by Terra Cetera, LLC.
Content submitted by site users
If you (the user) do post content to this site or otherwise submits material (including, but not limited to, photographs and testimonials), you grant Terra Cetera, LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. By your submission you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Terra Cetera, LLC or its affiliates for all claims resulting from content you supply. Terra Cetera, LLC reserves the right to remove any content at our sole discretion.