1. Terms of Service
The below Terms of Service set forth the terms governing your use of this Site. In addition, when you use any service on the Site you will also be subject to the rules, policies, terms and conditions applicable to such service and such rules, policies, terms and conditions are incorporated herein by reference. Please read these Terms of Service carefully before you continue to use the Site or submit any information to Arbol Community through the Site. Your use of the Site in any form, your creation of an account and/or your submission of any information through the Site constitute your agreement to be bound by these Terms of Service and representation and warrantee that you are at least 18 years old. IF YOU DO NOT AGREE TO ANY OF THE TERMS HEREIN, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE SITE OR THE SERVICES.
Arbol Community may modify these Terms of Service from time to time. Modifications shall be effective immediately upon being posted on the Site. You should read these Terms of Service whenever you visit the Site so that you are aware of any modifications. Your use of the Site after modifications have been posted constitutes your agreement to be bound by the Terms of Service as modified. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF SERVICE, DO NOT USE THE SITE AND DO NOT SUBMIT ANY INFORMATION TO ARBOL COMMUNITY THROUGH THE SITE.
Only individuals (and not legal entities) who (a) have reached the age of majority (eighteen in most states), (b) have legal capacity to enter into contracts and (c) are citizens of or residents living in the continental United States of America, Alaska, Hawaii or the District of Columbia may order products through this Site. If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. Any orders placed in contravention to this provision shall be null and void.
By placing an order through the Site, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Arbol Community’s products or purchase Arbol Community’s products for commercial purposes or any other commercial benefit. If Arbol Community believes, in its sole discretion, that an order would violate the terms of the preceding sentence or that Customer is engaging in fraudulent or grey market activities, then Arbol Community may refuse such order.
3. Online Account
When registering for an account on this Site, you are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Arbol Community will not be held responsible or liable for any misuse of your account resulting from a third party’s access to and use of your password and account login. We may change the information required to place an order or the registration requirements from time to time. Any changes will be posted on the Site.
4. Restrictions on Use of the Site
Subject to the terms and conditions of these Terms of Service, Arbol Community hereby grants you a revocable, non-transferable, non-exclusive, personal and limited license to use and view the Site solely for purposes of requesting or reviewing Arbol Community services and not for any commercial use or for use with, or on behalf of, any third party. Except as expressly permitted by the foregoing sentence, you may not reproduce, redistribute, publish or otherwise use by electronic or any other means any part of the Site or any Content without Arbol Community’s prior written consent.
You may not use the Site in any manner that interferes with our normal operations or with the use and enjoyment of another user. You may access the Site and the Content only through the user interface provided by us. You agree to use the Site and the services only for their intended lawful purpose and in accordance with all applicable laws.
5. Limitation of Liability
You agree that Arbol Community’s liability, if any, in connection with your use of the Site, the Content and/or Arbol Community’s products shall not exceed the value of your purchase, or if you did not make a purchase the value of the average purchase during the month you visited the Site.
YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE, THE SERVICE [(INCLUDING ANY DOWNLOADABLE TOOLS)], AND THE PRODUCTS TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR SERVICE OR PRODUCTS TO YOU WITHOUT THIS LIMITATION.
6. Ownership of Content
Our Site includes a combination of content that we and other third parties create (collectively, the “Content”). All of the Content available through the Site, including, but not limited to, written content, interface design and layout, photographs, graphics, images, illustrations, marks, logos, sound or video clips, software code and animation, is trademarked or copyright protected. You may not use, store, display, modify, reproduce, publish, transmit, participate in the transfer or sale of, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content on the Site in whole or in part. If you would like to request permission to use any of the Content on the Site, please contact us.
, which is available on this Site for your review.
8. Links to Third Party Sites
9. Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Notice
Arbol Community respects the copyright interests of others and, as such, requires our users to comply with these Terms of Service and all applicable laws regarding copyrights. If you believe that any content shown on or transmitted through the Site violates these Terms of Service or your copyright please report the violation. In the case of a copyright violation please provide the following information:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site (including the exact URL);
- An address, a telephone number, and an email address where we can contact you and, if different, an email address where the alleged infringing party, if not ERA, can contact you;
- A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law; and
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.
It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove the content of both parties.
10. Governing Law
11. No Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
You agree to indemnify, hold harmless and, at our option, defend COMPANY (including our affiliates, officers, directors, employees, agents, licensors, suppliers, and any-third part information providers from and against all damages, claims, demands, liabilities, costs and expenses, including reasonable attorney’s fees, resulting from any violation of these terms or applicable law or your User Content, if any.
13. Entire Agreement