Terms of Use Policy

Privacy Policy

Terms of Use Policy

1. ACCEPTANCE OF TERMS

Welcome to the EarthSource Solutions, Inc. web site, hereafter referred to as the "Service" or the "Services". EarthSource Solutions, Inc. provides its Service to you, subject to the following Terms of Use ("TOU"), which may be updated by us from time to time without notice to you. In addition, when using the EarthSource Solutions, Inc. Services, you and EarthSource Solutions, Inc. shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU.

2. DESCRIPTION OF SERVICE

EarthSource Solutions, Inc. currently provides users with access to a rich collection of on-line resources, which may include personalized content and branded programming through its Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new EarthSource Solutions, Inc. properties, shall be subject to the TOU. You understand and agree that the Service is provided "AS-IS" and that EarthSource Solutions, Inc. assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings.

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to:

• provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and
• maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or EarthSource Solutions, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EarthSource Solutions, Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). EarthSource Solutions, Inc. is concerned about the safety and privacy of all its users.

4. EARTHSOURCE SOLUTIONS, INC. PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process, where required by the Service. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to

• immediately notify EarthSource Solutions, Inc. of any unauthorized use of your password or account or any other breach of security, and
• ensure that you exit from your account at the end of each session.

EarthSource Solutions, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not EarthSource Solutions, Inc., are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Service. EarthSource Solutions, Inc. does not control the Content posted by others via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will EarthSource Solutions, Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted by others via the Service.

You agree to not use the Service to:

• upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, a EarthSource Solutions, Inc. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
• upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
• "stalk" or otherwise harass another; or
• collect or store personal data about other users.

You acknowledge that EarthSource Solutions, Inc. does not prescreen user-supplied Content, but that EarthSource Solutions, Inc. and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, EarthSource Solutions, Inc. and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that EarthSource Solutions, Inc. may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

• comply with legal process;
• enforce the TOU;
• respond to claims that any Content violates the rights of third-parties; or
• protect the rights, property, or personal safety of EarthSource Solutions, Inc., its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve:

• transmissions over various networks; and
• changes to conform and adapt to technical requirements of connecting networks or devices.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

8. PUBLIC CONTENT POSTED TO EARTHSOURCE SOLUTIONS, INC.

For purposes of the TOU, "publicly accessible areas of the Service" are those accessible by the general public.

With respect to Content you elect to post for inclusion in publicly accessible areas of EarthSource Solutions, Inc.’s Web or FTP sites or that consists of photographs or other graphics you elect to post to any other publicly accessible area of the Service, you grant EarthSource Solutions, Inc. the worldwide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific EarthSource Solutions, Inc. Service to which such Content was submitted, or, in the case of photographs or graphics, solely for the purpose for which such photo or graphic was submitted to the Service.

With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant EarthSource Solutions, Inc. the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

9. INDEMNITY

You agree to indemnify and hold EarthSource Solutions, Inc., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.

10. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

11. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that EarthSource Solutions, Inc. may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that e-mail messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of e-mail messages that may be sent from or received by an account on the Service, the maximum size of any e-mail message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on EarthSource Solutions, Inc.'s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that EarthSource Solutions, Inc. has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that EarthSource Solutions, Inc. reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that EarthSource Solutions, Inc. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

12. MODIFICATIONS TO SERVICE

EarthSource Solutions, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that EarthSource Solutions, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. TERMINATION

You agree that EarthSource Solutions, Inc., in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if EarthSource Solutions, Inc. believes that you have violated or acted inconsistently with the letter or spirit of the TOU. EarthSource Solutions, Inc. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that EarthSource Solutions, Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that EarthSource Solutions, Inc. shall not be liable to you or any third-party for any termination of your access to the Service.

14. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that EarthSource Solutions, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

15. LINKS

The Service may provide links to other World Wide Web sites or resources. Because EarthSource Solutions, Inc. has no control over such sites and resources, you acknowledge and agree that EarthSource Solutions, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that EarthSource Solutions, Inc. 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.

16. EARTHSOURCE SOLUTIONS, INC. PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by EarthSource Solutions, Inc. or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

EarthSource Solutions, Inc. grants you a personal, nontransferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by EarthSource Solutions, Inc. for use in accessing the Service.

17. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

• your use of the service is at your sole risk. The service is provided on an "As Is" and "As Available" basis. EarthSource Solutions, Inc. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

EarthSource Solutions, Inc. makes no warranty that

• the service will meet your requirements,
• the service will be uninterrupted, timely, secure, or error-free,
• the results that may be obtained from the use of the service will be accurate or reliable,
• the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
• any errors in the software will be corrected.

Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from EarthSource Solutions, Inc. or through or from the service shall create any warranty not expressly stated in the TOU.

18. LIMITATION OF LIABILITY

You expressly understand and agree that EarthSource Solutions, Inc. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if EarthSource Solutions, Inc. has been advised of the possibility of such damages), resulting from:

• the use or the inability to use the service;
• the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
• unauthorized access to or alteration of your transmissions or data;
• statements or conduct of any third party on the service; or
• any other matter relating to the service.

19. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 17 and 18 may not apply to you.

20. NOTICE

Notices to you may be made via either e-mail or regular mail. The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Service.

21. TRADEMARK INFORMATION

EarthSource Solutions, Inc., the EarthSource Solutions, Inc. logo, trademarks and service marks, and other EarthSource Solutions, Inc. logos and product and service names are trademarks of EarthSource Solutions, Inc., Inc. Without EarthSource Solutions, Inc.'s prior permission, you agree not to display or use in any manner, the EarthSource Solutions, Inc. Marks.

22. COPYRIGHTS and COPYRIGHT AGENTS

EarthSource Solutions, Inc. respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide EarthSource Solutions, Inc.'s Copyright Agent the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

EarthSource Solutions, Inc.'s Copyright Agent for Notice of claims of copyright infringement on its site is Mr. Brent Fults who can be reached as follows:

23. GENERAL INFORMATION

The TOU constitute the entire agreement between you and EarthSource Solutions, Inc. and govern your use of the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and EarthSource Solutions, Inc. shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. You and EarthSource Solutions, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Richmond, Virginia. The failure of EarthSource Solutions, Inc. to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOU are for convenience only and have no legal or contractual effect.

Privacy Policy

What personally identifiable information does EarthSource Solutions, Inc. collect from me?

EarthSource Solutions, Inc. may collect information in several ways from different parts of our web sites. In addition to registration we may ask you for personal information at other times, including (but not limited to) when you enter a promotion sponsored by EarthSource Solutions, Inc. and/or our partners, or when you report a problem with one of our sites or services. If you contact EarthSource Solutions, Inc. we may keep a record of that correspondence. EarthSource Solutions, Inc. also occasionally asks users to complete surveys that we use for research purposes. Wherever EarthSource Solutions, Inc. collects personal information we make an effort to include a link to this Privacy Policy on that page.

What are cookies and how does EarthSource Solutions, Inc. use them?

As part of offering and providing customizable and personalized services, EarthSource Solutions, Inc. uses cookies to store and sometimes track information about you. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. All sites on EarthSource Solutions, Inc. where you are prompted to log-in or that are customizable require that you accept cookies. Generally, we use cookies to:

• Remind us of who you are and to access your account information (stored on our computers) in order to deliver to you a better and more personalized service. This cookie is set when you register or "Sign In" and is modified when you "Sign Out" of our services.
• Estimate our audience size. Each browser accessing EarthSource Solutions, Inc. is given a unique cookie which is then used to determine the extent of repeat usage, usage by a registered user versus by an unregistered user, and to help target advertisements based on user interests and behavior.
• Measure certain traffic patterns, which areas of EarthSource Solutions, Inc.'s web sites you have visited, and your visiting patterns in the aggregate.

We use this research to understand how our users' habits are similar or different from one another so that we can make each new experience on our Service a better one. We may use this information to better personalize the content, banners, and promotions that you and other users will see on our sites.

How does EarthSource Solutions, Inc. use my information?

EarthSource Solutions, Inc.'s primary goal in collecting personal information is to provide you, the user, with a customized experience on our web sites. This includes personalization services, interactive communications, and many other types of services. You will only receive special offers via e-mail from EarthSource Solutions, Inc. if you have indicated in your account preferences that you would like to receive them. You can change your account preferences at any time. EarthSource Solutions, Inc. does research on our users' demographics, interests, and behavior based on the information provided to us upon registration, during a promotion, from our server log files or from surveys. We do this to better understand and serve our users. This research is compiled and analyzed on an aggregated basis. EarthSource Solutions, Inc. may share this aggregated data with advertisers or business partners.

Who is collecting information?

When you are on a EarthSource Solutions, Inc. web site and are asked for personal information, you are sharing that information with EarthSource Solutions, Inc. alone, unless it is specifically stated otherwise. For example, some EarthSource Solutions, Inc. services are offered in conjunction with a partner company. In order to provide this co-branded service to you, it is necessary for us to share your personal information with our partner company. If data is being collected and/or maintained by any company other than EarthSource Solutions, Inc., you will be notified prior to the time of the data collection or transfer. If you do not want your data to be shared, you can choose not to allow the transfer by not using that particular service. Promotions that run on EarthSource Solutions, Inc. Services may be sponsored by companies other than EarthSource Solutions, Inc. or may be cosponsored by EarthSource Solutions, Inc. and another company. Some or all data collected during a promotion may be shared with the sponsor. If data will be shared, you will be notified prior to the time of data collection or transfer. You can decide not to participate in the promotion if you don't want your data to be shared. Please be aware that EarthSource Solutions, Inc. advertisers or web sites that have links on our site may collect personally identifiable information about you. The information practices of those web sites linked to EarthSource Solutions, Inc. are not covered by this privacy statement.

With whom does EarthSource Solutions, Inc. share my information?

As a general rule, EarthSource Solutions, Inc. will not disclose any of your personally identifiable information except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires.

Under confidentiality agreements, EarthSource Solutions, Inc. may match user information with third party data. Also, EarthSource Solutions, Inc. discloses aggregated user statistics (for example, 45% of our users are female) in order to describe our services to prospective partners, advertisers, and other third parties, and for other lawful purposes.

EarthSource Solutions, Inc. may also disclose account information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating EarthSource Solutions, Inc.'s Terms of Use or may be causing injury to or interference with (either intentionally or unintentionally) EarthSource Solutions, Inc.'s rights or property, other EarthSource Solutions, Inc. users, or anyone else that could be harmed by such activities. EarthSource Solutions, Inc. may disclose or access account information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our products and Services.

What are my choices regarding collection, use, and distribution of my information?

EarthSource Solutions, Inc. may, from time to time, send you e-mail regarding our services. In addition, if you indicated upon registration that you are interested in receiving offers or information from EarthSource Solutions, Inc. and our partners, we may occasionally send you direct mail about products and services that we feel may be of interest to you. Only EarthSource Solutions, Inc. (or agents working on behalf of EarthSource Solutions, Inc. and under confidentiality agreements) will send you these direct mailings and only if you indicated that you do not object to these offers. If you do not want to receive such mailings, simply tell us when you give us your personal information.

You also have choices with respect to cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies you will be unable to use those EarthSource Solutions, Inc. Services that require registration in order to participate.

EarthSource Solutions, Inc. does not sell or rent user information to anyone. We will notify you at the time of data collection or transfer if your data will be shared with a third party and you will always have the option of not permitting the transfer. If you do not wish to allow your data to be shared, you can choose not to use a particular service or not to participate in certain promotions or contests.

What is EarthSource Solutions, Inc.'s policy on allowing me to update, correct, or delete my personally identifiable information?

You may edit your EarthSource Solutions, Inc. Account Information and your public EarthSource Solutions, Inc. Profile at any time by using your EarthSource Solutions, Inc. ID and password

Your EarthSource Solutions, Inc. account can be deleted or deactivated, but doing so will result in not being able to access any members-only area of the EarthSource Solutions, Inc. Service. Please contact our Webmaster for further instructions about deleting or deactivating your EarthSource Solutions, Inc. account. Residual information will remain within our archive records.

What security precautions are in place to protect the loss, misuse, or alteration of my information?

Your EarthSource Solutions, Inc. Account Information and EarthSource Solutions, Inc. Profile are password-protected so that you and only you have access to this personal information. You may edit your EarthSource Solutions, Inc. Account Information and EarthSource Solutions, Inc. Profile by using your EarthSource Solutions, Inc. ID and password.

We recommend that you do not divulge your password to anyone. EarthSource Solutions, Inc. will never ask you for your password in an unsolicited phone call or in an unsolicited e-mail Also remember to sign out of your EarthSource Solutions, Inc. account and close your browser window when you have finished your work. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place like a library or Internet cafe.

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, EarthSource Solutions, Inc. cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.

What else should I know about my privacy?

Please keep in mind that whenever you voluntarily disclose personal information online - for example on message boards, through e-mail, or in chat areas - that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.

Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you're online.