Website Terms of Use

You may use the Site, and the information, writings, images and other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely in order to learn about Earthbound and the services and opportunities we offer solely in compliance with these Terms of Use.

The Site is based upon technology that is owned or licensed to Earthbound and includes the Content. The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of Earthbound, its clients, customers, and/or business partners.

Earthbound owns and retains all of its copyrights in the Content. The Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. Earthbound and the Earthbound logos, and other marks used by Earthbound from time to time, are trademarks and the property of Earthbound. The Content may include images or depictions of trademarks that are the property of Earthbound’s customers or clients: you obtain no right or interest in using such trademarks by virtue of your use of the Site. The appearance, layout, color scheme, and design of the Site are protected trade dress. You do not receive any right or license to use the foregoing.

To the extent that you provide us with information about yourself, you represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information you provide is true. You agree that you will not knowingly or with intent to defraud provide misleading information.

Any links on the Site to third party websites or information are provided solely as a convenience to you. If you use these links, you will leave the Site and be subject to the terms and privacy policies of those third parties. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Earthbound of the third party, the third-party web site, or the information there. Earthbound is not responsible for the availability of any such websites. Earthbound is not responsible or liable for any such websites or the content thereon.

EARTHBOUND AND ITS BUSINESS PARTNERS, CLIENTS AND CUSTOMERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SOFTWARE, SERVICES, SITE, AND RELATED CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. EARTHBOUND AND ITS BUSINESS PARTNERS, CLIENTS AND CUSTOMERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EARTHBOUND IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EARTHBOUND AND ITS BUSINESS PARTNERS, CLIENTS OR CUSTOMERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF EARTHBOUND HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING AND WITHOUT DEROGATION TO THE FOREGOING, IN NO EVENT WILL EARTHBOUND’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE EXCEED ONE HUNDRED DOLLARS. 

You agree to indemnify, defend and hold harmless Earthbound, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, clients, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms of Use.