Terms and Conditions

E-earn it Terms of Use/ User Agreement

Using E-earn it

In connection with using or accessing the Services you will not:

If we believe you are abusing E-earn it in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.

Policy Enforcement

When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.

 

Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Indemnity

You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of E-earn it's Services or your breach of any law or the rights of a third party.

APPLICABLE LAW

By using any E-earn it Service, you agree that the laws of the State of Wyoming together with the Federal Arbitration Act and other applicable United States federal law, without reference to rules governing choice of laws or the Convention on Contracts for the International Sale of Goods, will govern these Terms of Use and any dispute of any sort that might arise between you and E-earn it.

DISPUTES

Any dispute relating in any way to your use of this or any other E-earn it Services will be resolved by binding arbitration as described in this “Disputes” section, rather than in court, except that (i) you may assert claims in a small claims court that is a state or Federal court in Laramie County, Wyoming if your claims qualify and (ii) you or we may bring suit in any state or Federal court in Laramie County, Wyoming, submitting to the jurisdiction of such court and waiving our respective rights to any other jurisdiction, to enjoin infringement or other misuse of intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of these Terms of Use as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent,1603 Capitol Ave., Suite 314 - 919, Cheyenne, WY 82001. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, E-earn it will not seek attorneys' fees and costs from you in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. E-earn it and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration. E-earn it and you each waive any right to a jury trial.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide E-earn it's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying E-earn it that your copyrighted material has been infringed.

E-earn it's Copyright Agent for notice of claims of copyright infringement on this E-earn it Service can be reached as follows:

E-earn it SOFTWARE TERMS

The following additional terms apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with E-earn it Services (the “E-earn it Software”):

  1. Use of the E-earn it Software. You may use E-earn it Software solely for purposes of enabling you to use and enjoy E-earn it Services as provided by E-earn it, and as permitted by these Terms of Use and any Service Terms. You may not incorporate any portion of the E-earn it Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the E-earn it Software or otherwise assign any rights to the E-earn it Software in whole or in part. You may not use the E-earn it Software for any illegal purpose. We may cease providing any E-earn it Software and we may terminate your right to use any E-earn it Software at any time. Your rights to use the E-earn it Software will automatically terminate without notice from us if you fail to comply with any of these Terms of Use and any Service Terms. Additional third party terms contained within or distributed with certain E-earn it Software that are specifically identified in related documentation may apply to that E-earn it Software (or software incorporated with the E-earn it Software) and will govern the use of such software in the event of a conflict with these Terms of Use. All software used in any E-earn it Service is the property of E-earn it or its software suppliers and protected by United States and international copyright laws.

  2. Use of Third Party Services. When you use the E-earn it Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

  3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the E-earn it Software, whether in whole or in part, or create any derivative works from or of the E-earn it Software.

  4. Updates. In order to keep the E-earn it Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

  5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the E-earn it Software. If you are a U.S. Government end user, we are licensing the E-earn it Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the E-earn it Software are the same as the rights we grant to all others under these Terms of Use.

General

Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.  In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section.

Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

We may amend this User Agreement at any time by posting the amended terms on E-earn it. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an E-earn it representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the E-earn it site.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

The User Agreement, the User Privacy Notice, and all polices set forth the entire understanding and agreement between you and E-earn it and supersede all prior understandings and agreements of the parties.