earth assets group

Welcome to www.earth-assets.com, the Internet Website for the Earth Assets Group!

Earth-assets.com ("Website") provides service to you subject to the following Terms of Use ("TOU"), which may be periodically updated by Earth Assets Group ("EAG") without notice to you. In addition, when using particular earth-assets.com services, you and Earth Assets Group shall be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the TOU below and made available to all Website users.

The use of this Website constitutes agreement with the following terms and conditions:

1. DESCRIPTION OF SERVICE

(a) The Earth Assets Group maintains www.earth-assets.com (the "Website") as a courtesy to those such as yourself who may choose to access the Website ("Users"). Earth-assets.com provides Users with access to a diverse and informative collection of on-line resources relating to ecosystem services, ecological economics and environmental commerce, including: scientific information, data sets, relevant news and reports, various communications tools, online forums, shopping services, content and programming through its Web-based network (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new earth-assets.com properties, shall be subject to the TOU.

(b) Materials provided on this Website are provided "as is", without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement. The Earth Assets Group specifically does not make any warranties or representations as to the accuracy or completeness of any such materials. The Earth Assets Group periodically adds, changes, improves or updates the materials on the Website without notice. Because the Internet is not a completely reliable transmission medium, under no circumstances shall the Earth Assets Group be liable for any loss, damage, liability or expense incurred or suffered that is claimed to have resulted from the use of this Website, including, without limitation, any fault, error, omission, interruption or delay with respect thereto.

(c) With the exception of certain products and services described elsewhere in this document, the material presented herein is for informative purposes only. The Earth Assets Group grants permission to Users to visit the Website and to download and copy the information, documents and materials (collectively, "Content") from the Website for the User's personal, non-commercial use, without any right to resell or redistribute such Content, or to compile or create derivative works therefrom, subject to the terms and conditions outlined below, and also subject to more specific restrictions that may apply to specific Content within this Website.

(d) The Earth Assets Group administers this Website. All Content on this Website from the Earth Assets Group appears subject to the present Terms and Conditions.

(e) Unless expressly stated otherwise, the findings, interpretations and conclusions expressed in the Content on this Website are those of the various Earth Assets Group staff members, consultants and advisers who prepared the work and do not necessarily represent the views of the Earth Assets Group itself or its members, partners, or advertisers (its "Affiliates").

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

(g) The use of this Website is at the User's sole risk. Under no circumstances, including but not limited to negligence, shall the Earth Assets Group or its affiliates be liable for any direct, indirect, incidental, special or consequential damages, even if the Earth Assets Group has been advised of the possibility of such damages.

2. WEBSITE CONDUCT

All Content (information, data, text, software, sound, images, messages or other materials), whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, the User, and not EAG, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Service. EAG 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 EAG be liable in any way for any Content, including, but not limited to, objectionable Content, errors or omissions in Content, or loss or damage of any kind incurred as a result of the use of Content posted, e-mailed or otherwise transmitted via the Service.

By using the Service, you agree not to:

(a) upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) 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);
(f) 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;
(g) 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, except where areas of the Website may be designated for such purpose;
(h) 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;
(i) falsify the origin or source of software or other material contained in a file that is uploaded;
(j) download any file posted by another user of a forum that the User knows, or reasonably should know, cannot be legally distributed in such manner;
(k) advertise or offer to sell any goods or services without prior approval of the Earth Assets Group.
(l) act in any manner that negatively affects other users' ability to use the Service;
(m) 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;
(n) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(o) "stalk" or otherwise harass another; or
(p) collect or store personal data about other users.

You acknowledge that EAG does not pre-screen Content, but that EAG 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, EAG 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. In this regard, you acknowledge that you may not rely on any Content created by EAG or submitted to EAG, including without limitation, information in Website message boards, news feeds, forums, and all other parts of the Service.

You acknowledge and agree that EAG 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: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of earth-assets.com, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

3. INTERNATIONAL USE

(a) 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.

(b) The use of particular designations of countries or territories does not imply any judgment by EAG as to the legal status of such countries or territories, their authorities and institutions, or of the delimitation of their boundaries. The mention of names of specific companies or products (whether or not indicated as registered) does not imply any intention to infringe proprietary rights, nor should it be construed as an endorsement or recommendation on the part of EAG. For example, the designations "developed" and "developing" regions are intended for statistical and analytical convenience and do not necessarily express a judgment about the stage reached by a particular country or area in the development process.

4. PUBLIC CONTENT POSTED TO earth-assets.com

(a) With respect to Content you elect to post for inclusion in publicly accessible areas of the Website or that consists of photos, video or other graphics (images) you elect to post to any other publicly accessible area of the Service, you grant Earth Assets Group the world-wide, 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 Website Service area to which such Content was submitted, or, in the case of images, solely for the purpose for which such image was submitted to the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.
(b) With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant Earth Assets Group the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable 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.
(c) This site may contain advice, opinions and statements of various information providers. The Earth Assets Group does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider, any User of this Website or any other person or entity. Reliance upon any such advice, opinion, statement, or other information shall also be at the User's own risk.

5. INDEMNITY

(a) As a condition of use of this Website, the User agrees to indemnify the Earth Assets Group and its affiliates from and against any and all actions, claims, losses, damages, liabilities and expenses (including attorneys' fees) arising out of the User's use of this Website, including, without limitation, any claims alleging facts that if true would constitute a breach by the User of these Terms and Conditions. If the User is dissatisfied with any Content on this Website or with any of its Terms and Conditions of Use, the User's sole and exclusive remedy is to discontinue using the Website.
(b) Neither the Earth Assets Group nor its affiliates, nor any of their respective agents, employees, information providers or content providers, shall be liable to any User or anyone else for any inaccuracy, error, omission, interruption, deletion, defect, alteration of or use of any content herein, or for its timeliness or completeness, nor shall they be liable for any failure of performance, computer virus or communication line failure, regardless of cause, or for any damages resulting therefrom.
(c) You agree to indemnify and hold Earth Assets Group, 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.
(d) This Website may contain links and references to third-party Websites The linked Websites are not under the control of the Earth Assets Group, and the Earth Assets Group is not responsible for the content of any linked Website or any link contained in a linked Website. The inclusion of a link or reference does not imply the endorsement of the linked Website by the Earth Assets Group.

6. NO RESALE OF SERVICE

You agree not to sell or resell any portion of the Service, use of the Service, or access to the Service without the explicit and definitive permission of Earth Assets Group.

7. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that EAG 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 Website 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 EAG 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 further acknowledge that EAG reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

8. MODIFICATIONS TO SERVICE

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

9. TERMINATION

You agree that EAG, in its sole discretion, may decline to allow you 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 EAG believes that you have violated or acted inconsistently with the letter or spirit of the TOU. EAG may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. Further, you agree that EAG shall not be liable to you or any third-party for any termination of your access to the Service.

10. DEALINGS WITH SERVICE PROVIDERS

EAG accepts paid advertising on selected pages of its website in addition to posting its own promotional material. The presence of a paid ad within this website does not constitute an endorsement or recommendation by EAG of any particular organization or individual, nor of their offerings or services.

Your correspondence or business dealings with, or participation in promotions of, advertisers, brokers or consultants ("Service Providers") 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 Service Providers. You agree that EAG shall not be responsible or liable for any loss or damage incurred as the result of any such dealings or as the result of the presence of such Service Providers on the Website.

11. LINKS

This Site may contain electronic links and references to third-party Websites The linked Websites are not under the control of the Earth Assets Group, and the Earth Assets Group is not responsible for the content of any linked Websites or any link contained in a linked Website. EAG provides these links only as a convenience, and the inclusion of a link or reference does not imply the endorsement of the linked Website by the Earth Assets Group. You acknowledge and agree that EAG 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 Websites or resources. You further acknowledge and agree that EAG 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 Website or resource.

12. EARTH ASSETS GROUP PROPRIETARY RIGHTS

(a) 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 by Service Providers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Earth Assets Group or its affiliates, 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.
(b) Earth Assets Group grants you a personal, non-transferable 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 EAG for use in accessing the Service.

13. DISCLAIMER OF WARRANTIES

By logging on to this Website, you agree that:

(a) Your use of the Service is solely at your own risk. The service is provided on an 'as is' basis only. Earth Assets Group disclaims all warranties of any kind, whether implied or expressly stated. This includes (but is not limited to) the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b) EAG makes no warranty that (i) the service can or will meet your requirements (ii) the service will be uninterrupted, timely, secure or error free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your needs or expectations, and (V) any errors in software will be avoided or corrected.
(c) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or damage arising from the loss of date that results from the download of any such material.
(d) no advice or information, whether oral or written, obtained by you from EAG or through or from the Service shall create any warranty not expressly stated in this Terms of Use.

14. LIMITATION OF LIABILITY

You expressly understand and agree that Earth Assets Group 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 EAG has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) 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; (iii) unauthorized access to or alteration of your transmissions of data; (iv) statements or conduct of any third party on the service; (v) any other matter relating to the Service.

15. SPECIAL CAUTION FOR SERVICES RELATING TO FINANCIAL MATTERS

(a) The Service is provided for informational purposes only. Earth Assets Group shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any purchase, trading or investment decisions made based on such information.
(b) Any prices and other information on this web site are provided solely to enable you to make your own investment decisions and do not constitute personal recommendations or advice.
(c) Please remember that past performance of an investment is not necessarily a guide to future performance. The value of an investment and the income from it can fall as well as rise as a result of market and currency fluctuations and you may not get back the amount originally invested. Tax assumptions may change if the law changes, and the value of tax relief (if any) will depend upon your individual circumstances. Investors should consult their own investment or tax advisers in order to understand any applicable investment consequences.
(d) Where the underlying investments of a fund consist wholly or substantially of real property, it may be difficult or impossible to realize an investment because the real property concerned may not be readily saleable and the value of real property is generally a matter of opinion.
(e) You should be aware that EAG affiliates, officers and/or employees may have holdings in various investment products and may otherwise be interested in transactions that you effect in those products.
(f) If you are unsure about the meaning of any information provided on this web site, then please consult your financial or other professional adviser. EAG does not offer investment advice.
(g) The funds, products and services described on this Website are not available in all countries, and nothing in this Website constitutes an offer or solicitation to anyone in any jurisdiction where such an offer is not lawful or to anyone to whom it is unlawful to make such an offer or solicitation. Users should only access those parts of the web site that are targeted at their particular jurisdiction.

16. 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.

17. COPYRIGHTS and COPYRIGHT AGENTS

Earth Assets Group 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 EAG's Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the site;
(d) your address, telephone number, and e-mail address;
(e) 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;
(f) 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.

Earth Assets Group Copyright Agent for Notice of Claims of Copyright Infringement on the Website is _____ who can be reached as follows:_____________.

18. GENERAL INFORMATION

The TOU constitute the entire agreement between you and Earth Assets Group and govern your use of the Service, superseding any prior agreements between you and EAG. 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 EAG shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and EAG agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Mateo, California. The failure of Earth Assets Group 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.

19. VIOLATIONS

Please report any violations of the TOU to info@earth-assets.com.