The Site includes, without limitation, all information, data, content and software, available by us through the Site and or the Service (“Materials”). Unless explicitly stated otherwise, the Site and the Materials shall be subject to these Terms, and by using the Site you consent to be bound to these Terms. In the case of inconsistencies between these Terms and information included in off-line materials (e.g., event materials and mailers), these Terms will always govern and take precedence.
- Access and Use Rights
- Site Conduct
Eden I&R grants you a personal, limited, revocable, non-exclusive and non-transferable right to access and use the Site and Service for your personal, non-commercial use. You may make personal, non-commercial use of the Materials only and only for the purpose for which they are provided or made available to you, but you may not make any commercial use, including without limitation reselling them, charging to access them, charging to redistribute them, or charging for derivative works based on them. You may not use the data for any product or service whether you charge the user or do not charge the user, or whether you charge or do not charge advertisers and sponsors. These rights are exclusive to you and you may not sublicense the use of the Site. As between you and us, we expressly retain all ownership rights, title and interest in and to all aspects of the Service and the Site, including, but not limited to, all Materials, content and all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Site. You may not modify the Site, create derivative works of the Site or Materials, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Site that would reveal any source code, trade secrets, know-how or other proprietary information. These rights shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control any data, content, source code or any other aspect of the Site. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Site or displayed by, on, or in the Site. You may use the Site and Materials only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Site or Materials after any termination or expiration of your agreement to these Terms for any reason.
When using the Site, you agree to comply with the following guidelines:
- You may not post or transmit information, data, text, software, graphics, sound, photographs, video, messages, or other content (collectively, “Content”) that is unlawful, harassing, inaccurate, libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive, hateful, or is otherwise determined to be objectionable by Eden I&R;
- You may not interfere with other users’ use of the Site;
- You will not post or upload any virus, time bomb, worm, corrupted file, malware, or other software routine capable of disrupting, disabling, harming the operation of or providing unauthorized access to the Site;
- You will comply with all of these Terms and any applicable laws or regulations (including any laws regarding the export of data or software to and from the United States or other relevant countries);
- You may not use the Site to advertise or sell products or services to others or engage in activities such as contests, sweepstakes, or pyramid schemes;
- You may not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You may not post or transmit Content that you do not have a right to post or transmit under any law or under contractual or fiduciary relationships (such as inside information, confidential information including but not limited to information and/or data about survivors, available beds, etc.);
- You may not use the Site to solicit, collect or store personal data or passwords of other users.
If you violate any of these Terms or other user guidelines posted on the Site, or if Eden I&R believes that your conduct or Content is offensive or illegal, violates the rights of, harms, or threatens to harm third parties, or may create liability for Eden I&R or third parties, Eden I&R reserves the right (but is not obligated) to investigate and take appropriate legal action in its sole discretion, including removing Content from the Site, notifying the appropriate authorities regarding the source of such Content, barring you from accessing the Site, and terminating your Account.
The Sites and the Services may allow you to access various items of information and content. You acknowledge and agree that this type of content is provided for general information purposes only; and you acknowledge and agree that unforeseen events or circumstances may cause program information or other information to differ from what is presented through the Sites or the Services. Additionally, the Sites or the Services may provide information or direct you to information on ad-hoc services or programs. Participants in such programs or those that act on the information provided do so at their own risk. You agree to exercise all reasonable judgment and take all appropriate steps, including without limitation consulting additional sources of information and taking all appropriate safeguards, in relation to your use of any such information or participation in any such programs. YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR USE OF OR RELIANCE ON THE SITES OR THE SERVICES OR PARTICIPATION IN ANY PROGRAMS DESCRIBED ON THE SITES.
WE PROVIDE THE SITES AND THE SERVICES “AS IS,” WITHOUT WARRANTY OF ANY KIND; AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE SITES OR THE SERVICES —INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF ACCURACY, FREEDOM FROM INTERRUPTION OF SERVICE OR AVAILABILITY, FREEDOM FROM VIRUS OR OTHER HARMFUL CODE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- YOU ACKNOWLEDGE, BY YOUR USE OF ANY OF THE SITE OR SERVICE, THAT YOUR USE OF THE SITE OR SERVICE AND ANY RELIANCE UPON EITHER IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH YOUR USE OF THE SITE OR SERVICE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL Eden I&R BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF Eden I&R HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITE OR THE SERVICE, FROM ANY CHANGES TO THE SITE OR THE SERVICE OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
- YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU SPECIFICALLY ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES SHALL Eden I&R BE LIABLE OR RESPONSIBLE FOR HARM OR DAMAGES ARISING FROM YOUR USE OF THE INFORMATION, FACTS, AND OPINIONS AVAILABLE ON THE SERVICE AND THE SITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION, FACTS, AND OPINIONS AVAILABLE ON THE SERVICE AND THE SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST Eden I&R AND ITS DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITE AND THE INFORMATION, FACTS, AND OPINIONS AVAILABLE THEREON. YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS.
- YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND THAT Eden I&R IS NOT RESPONSIBLE FOR ANY HARM OR DAMAGES THAT MAY ARISE FROM YOUR USE OF THE INFORMATION, FACTS, AND OPINIONS PROVIDED IN CONNECTION WITH THE SITE OR THE SERVICES. YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SITE AND THE SERVICE AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.
- IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE OR WITH ANY OF THESE TERMS, OR FEEL Eden I&R HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICE. THE TOTAL LIABILITY OF Eden I&R TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITE OR THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE. IT IS THE INTENTION OF YOU AND Eden I&R THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
- SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE AGGREGATE LIABILITY OF US AND OUR COMMISSIONERS, OFFICERS, EMPLOYEES, AND AGENTS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
- Eden I&R uses reasonable efforts to make the Service available. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Eden I&R. Eden I&R will use reasonable commercial efforts to minimize such disruption where it is within the reasonable control of Eden I&R. You agree that Eden I&R shall not be liable to you for any modification, suspension or discontinuance of the Service. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND. You are responsible for obtaining access to any Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
- THE SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, Eden I&R MAKES NO WARRANTY THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT THE SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE, INCLUDING THE SERVICE WILL BE AVAILABLE, OR THAT DATA ARE SECURE FROM UNAUTHORIZED ACCESS. Eden I&R MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICE, PROMOTIONS, OR THE DELIVERY OF ANY GOODS OR SERVICE, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE SITE. NO ADVICE OR INFORMATION GIVEN BY Eden I&R, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY. IN ADDITION, Eden I&R DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
By using the Site you agree that you will not use any of the Materials to compete against us in any way. No competitors or future competitors are permitted access to the Site or Materials, and any such access by third parties is unauthorized. You agree that you will not copy, record, publish, compile, reproduce, republish, use or resell for any competing commercial purpose any Materials on our Site. You agree that you will not use any of the materials in any product or service or other usage whether it competes against us or does not compete against us, whether commercial or non-commercial. You agree to not use any device, software or routine that may extract, copy, modify, import, export, replicate, scrape or otherwise deliver, in any manner, the Materials to you or anyone else. You may not access or use the Sites or the Services in a manner that gives you or any other person access to mass downloads or bulk feeds of any content from the Sites or the Services. You may not access or use the Sites or the Services through any automated or non-human means, such as through bots, spiders, scripts, or software, except where such means are used for the sole purpose of search engine optimization. You may not access or use the Sites or the Services for purpose of scraping, harvesting, mining, or other data extraction. If you do so, then you agree that we are suffering irreparable injury and that an injunction or temporary restraining order may be entered by any court sitting in the state where our business is located prohibiting the use of such information and requiring. In addition, you agree to pay all reasonable attorney’s fees and costs incurred in enforcing these provisions.
Eden I&R hereby notifies you that all the information, content, image files, software and materials on the Site may be protected by U.S. and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. You understand that Eden I&R is unable to provide you with permission to copy display or distribute material for which you do not own the copyright or other intellectual property rights. You may not copy or distribute such material without the written consent of the owner, and you are solely responsible for any copyright or other intellectual property law violations that you may incur as a result of your activities on the Site. Eden I&R has the absolute right to exclude you from any Site if you use our Service to violate the intellectual property rights or other rights of third parties. You agree to indemnify and hold Eden I&R harmless for any violation of this provision.
All of Eden I&R’s logos are the registered trademarks of Eden I&R. You must not use any Eden I&R trademarks without the prior written permission of Eden I&R. All third-party trademarks on the Site are the property of their respective owners.
From time to time Eden I&R may provide links that will take you to third party websites. These links are provided for your convenience only. If you decide to access linked websites you do so at your own risk. Eden I&R does not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that Eden I&R is not liable for any loss or damage that you may suffer by using other websites.
Although we may make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third party. Eden I&R makes no warranty with regard to the products or web site of any other entity. Eden I&R has no control over the content or availability of any third-party software or web site. In particular, (a) Eden I&R makes no warranty that any third-party software you download or web site you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) Eden I&R notifies you that it is your responsibility to become familiar with any web site’s privacy and other policies and terms of service, and to contact that site’s webmaster or site administrator with any concerns.
In consideration of your use of the Service, you represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. To be a User of the Service you must be 18 years or over. Minor children under the age of 18 who wish to access the Service must obtain permission from their parents and their parents must agree to these Terms. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service and/or Materials are appropriate and inappropriate for your child. Parental control protections (such as computer hardware, software, or filtering services) are commercially available to assist you in limiting access to material that is harmful to minors. 47U.S.C.S.§ 230(d) requires us to tell you that you may obtain these types of tools from the commercial providers, such as KidsWatch, AVG Family Safety, Safe Eyes, Netgear Live Parental Controls, NETBLOX, and ZoneAlarm SocialGuard. We do not sponsor or endorse and we are not affiliated with any of these providers.
By E-mail: email@example.com
By Fax: (510) 537-0986
By Postal Mail: 570 B Street, Hayward, CA 94541
The section headings in these Terms are for convenience only and have no legal or contractual effect. “Includes” and “including” are not limiting.
Regardless of any statute or law to the contrary, you hereby waive your right to bring any Claim against Eden I&R more than 1 year after such Claim first arose.
All Claims will be settled by binding arbitration in accordance with the Comprehensive Arbitration Rules of JAMS. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. You consent to the arbitration being conducted in the English language and in the county of Alameda, California, U.S.A. Each party will bear its own costs incurred in such arbitration proceeding. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Eden I&R may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.
Eden I&R is located at 570 B Street, Hayward, CA 94541, U.S.A. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them by telephone at (800) 952-5210 or in writing to the following address:
California Department of Consumer Affairs
Consumer Information Division
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834