THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
EARTHHERO GIFTING TERMS OF USE AGREEMENT
The website located at www.[earthherogifting].com (the “Site”) is provided by Huava Gifting LLC (“EarthHero Gifting”, “us”, “our”, and “we”) to enable providers (“Sellers”) of sustainable products (“Products”) can transact with potential customers (“Buyers”) by using the services provided at the Site (“Services”).
Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
THESE TERMS OF USE (“AGREEMENT”) CONSTITUTE A LEGALLY BINDING AGREEMENT GOVERNING YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES OR ACCEPT THE AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES.
1. ACCOUNTS
In order to use certain features of the Site (e.g., to use the Services), you must create an account or log in using your Facebook account. If you use a 3rd party log in, you are responsible for maintaining the confidentiality of your Facebook account login information and are fully responsible for all activities that occur under your Account, including any transactions into which a person enters using your Facebook login.
2. SITE
Subject to the terms of this Agreement, EarthHero Gifting grants you a non-transferable, non-exclusive license to use the Site and Services for your personal, noncommercial use, unless you are a Seller, in which case you may also use the Services to sell your Products once you agree to the EarthHero Gifting Seller Terms of Service. The rights granted to you in this Agreement are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (iii) you shall not access the Site or Services in order to build a similar or competitive service; and (iv) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained.
EarthHero Gifting reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that EarthHero Gifting will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services.
EarthHero Gifting will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
Excluding your Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by EarthHero Gifting or EarthHero Gifting’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. EarthHero Gifting and its suppliers reserve all rights not granted in this Agreement.
3. CONTENT
“Content” means any and all information and content that you submit via the Site or Services (e.g., content in a Buyer’s profile or postings or Product information posted by a Seller). You are solely responsible for your Content. You assume all risks associated with use of your Content. You represent and warrant that your Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your Content is in any way provided, sponsored or endorsed by EarthHero Gifting. Because you alone are responsible for your Content (and not EarthHero Gifting), you may expose yourself to liability if, for example, your Content violates the Acceptable Use Policy. EarthHero Gifting is not obligated to backup any Content and Content may be deleted at any time. You are solely responsible for creating backup copies of your Content if you desire.
You grant, and you represent and warrant that you have the right to grant, to EarthHero Gifting an irrevocable, nonexclusive, royalty-free, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your Content, and to grant sublicenses of the foregoing, solely for the purposes of including your Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your Content.
4. ACCEPTABLE USE POLICY
The following sets forth EarthHero Gifting’s “Acceptable Use Policy”:
You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to use the Site or Services to: (i) engage in any deceptive, misleading, or unfair conduct, including failing to ship items as promised, or providing broke, damaged, defective, or misdescribed items, or otherwise deceiving or misleading another member; (ii) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (iii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise, including making any offer for money or compensation via email; (iv) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (vi) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (vii) harass or interfere with another user’s use and enjoyment of the Site or Services; or (viii) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
We reserve the right (but have no obligation) to review any Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
If you provide EarthHero Gifting any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to EarthHero Gifting all rights in the Feedback and agree that EarthHero Giftingshall have the right to use such Feedback and related information in any manner it deems appropriate. EarthHero Gifting will treat any Feedback you provide to EarthHero Gifting as non-confidential and non-proprietary. You agree that you will not submit to EarthHero Gifting any information or ideas that you consider to be confidential or proprietary.
5. INDEMNITY.
You agree to indemnify and hold EarthHero Gifting (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Services, (b) your Content, (c) your violation of this Agreement; (d) your violation of applicable laws or regulations, or (e) your participation in any transaction. EarthHero Gifting reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of EarthHero Gifting. EarthHero Gifting will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6. OTHER USERS.
Because we do not control Content, you acknowledge and agree that we are not responsible for any Content and we make no guarantees regarding the accuracy, suitability, or quality of any Content, and we assume no responsibility for any Content. Your interactions with other persons that use the Site or Services (each a “User”) are solely between you and such User. You agree that EarthHero Gifting will not be responsible for any loss or damage incurred as the result of any such interactions, including in connection with any transaction. If there is a dispute between you and any other User, we are under no obligation to become involved.
You hereby release and forever discharge EarthHero Gifting (and its officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions or exchange of goods with, or act or omission of, other Site or Service users or your participation in any transaction, including any claim for personal injury, property damage, or death. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
7. DISCLAIMERS.
THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE OR SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (III) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
FURTHER, YOU ACKNOWLEDGE AND AGREE THAT THE SITE MERELY PROVIDES A NEUTRAL NETWORK THROUGH WHICH USERS CAN INTERACT. AS SUCH, YOU AGREE THAT EARTHHERO HAS ABSOLUTELY NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSACTIONS. IN ADDITION, YOU ACKNOWLEDGE THAT AS WITH ALL TRANSACTIONS, IF YOU ARE A BUYER YOU ARE SOLELY RESPONSIBLE FOR INSPECTING ALL GOODS AND PRODUCTS BEFORE USING THEM AND YOU ASSUME ALL RISK OF USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
EACH USER ENTERS INTO A TRANSACTION AT HIS OR HER OWN RISK AND FOREVER WAIVES, DISCHARGES, AND RELEASES COMPANY FROM ANY CLAIM RELATED TO OR ARISING OUT OF ANY TRANSACTION.
IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. TERM AND TERMINATION.
Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your EarthHero Gifting Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your EarthHero Gifting Account and right to access and use the Site and Services will terminate immediately.
9. COPYRIGHT POLICY.
EarthHero Gifting respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
To submit a DMCA Takedown Notice, click here
10. Changes to Terms of Use.
This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
11. Dispute Resolution.
If a dispute arises between you and EarthHero Gifting, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and EarthHero Gifting agree that we will resolve any claim or controversy at law or equity that arises out of these Terms or our services in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly at hello@earthherogifting.com to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
These Terms shall be governed in all respects by the laws of the State of Colorado as they apply to agreements entered into and to be performed entirely within California between Colorado residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against EarthHero Gifting must be resolved exclusively by a state or federal court located in Denver, Colorado, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Denver, Colorado for the purpose of litigating all such claims or disputes.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
All claims you bring against EarthHero Gifting must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, EarthHero Gifting may recover attorneys’ fees and costs up to $1000, provided that EarthHero Gifting has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
12. GENERAL
This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without EarthHero Gifting’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
Copyright © 2024, Huava Gifting LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
13. SMS MARKETING
By consenting to Earthhero Gifting’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.