Terms of Use

Last updated: May 24, 2021
 

These Terms of Use (“Terms”) govern your use of the website earthranger.com and related websites owned or operated by Vulcan Technologies LLC, its parent and/or affiliated entities (“Vulcan” or “us”) that link to or reference these Terms (collectively and individually, the “Site”).

By visiting or using the Site, you hereby accept and agree to these Terms and consent to our Privacy Policy. If you do not agree, your sole and exclusive remedy is to discontinue your use of the Site. You agree that these Terms, together with the Privacy Policy, represent your entire understanding and agreement regarding your use and activities on the Site.

Vulcan reserves the right to modify, alter, update, supplement or remove portions of these Terms at any time in its sole discretion. We will provide notice of any changes by the date last updated date on this page. You agree it is your responsibility to check for any updates or modifications to these Terms. Your continued use of the Site following any such updates constitutes your acceptance of the updated terms.
 

About the Site

The Site is a general marketing and informational website for EarthRanger™. “EarthRanger Products” is defined as (a) the EarthRanger™ cloud-based, software-as-a-service Domain Awareness System and web application (“SaaS Service”) and (b) any other EarthRanger applications released by Vulcan that interoperate with the SaaS Service, such as mobile applications (“Applications”). If you are a customer or user of the SaaS Service and/or Applications, your use of such EarthRanger Products are governed by the EarthRanger End User License Agreement (EULA) and the EarthRanger Customer Data and Privacy Policy (collectively, “EarthRanger Terms”). These Terms apply to your use of the Site only, and accordingly references made herein to the “Site” do not include “EarthRanger Products” and vice versa.
 

Site Content

Site Content” is defined as all information, content, images, features, services and other materials that comprise or are provided through the Site. Site Content is licensed, not sold. Vulcan reserves the right to edit, modify, remove, supplement or cease providing the Site Content at any time, in whole or in part, in its sole discretion. Use of any Site Content is solely at your own risk and subject to the terms and conditions in these Terms.

Site Content may include links or enable access to third party websites, information, content or other services that are not owned or operated by Vulcan (collectively, “Third Party Content”). If you access or use any Third Party Content from the Site, you will be subject to the applicable third party’s terms and privacy policies. The appearance or availability of any Third Party Content is for convenience only and does not represent any sponsorship or endorsement by Vulcan. Vulcan is not responsible for the availability, accuracy or utility of any information, content or materials found in any Third Party Content. You agree that Vulcan will not be liable for any harm, loss or damage that you may incur as a result of accessing or using any Third Party Content.
 

User Content

The Site contains forms, features and webpages that enable visitors and users to voluntarily post, submit or provide information, feedback, comments, questions, suggestions, ideas, content and other materials through the Site (collectively, “User Content”). Site Content includes User Content that is accessible or made available through the Site. You acknowledge and agree that any User Content you provide through the Site is at your sole risk and discretion. You represent and warrant that you own or have all the necessary rights, licenses or authorizations to your User Content and that it does not contain anything that is illegal, obscene, threatening, defamatory, harmful, or that infringe, misappropriate or violate any third party's intellectual property, publicity or privacy rights. You agree that you will not submit User Content for purposes of political campaigning, commercial solicitation, scams, mass mailings or spam. Vulcan will not be liable for any harm, loss or damage that you may incur in connection with any User Content that is viewed, accessed or made available through the Site. Any personal information in connection with your User Content is subject to our Privacy Policy.

  1. EarthRanger Community Forum. The Site provides an online community forum for users to upload content, post messages or comments, ask questions, provide feedback and generally discuss various topics related to EarthRanger™ (“ER Forum”).
     
    1. User Account. If you choose to participate in the ER Forum, you will need to create an account by providing your email address, username, password, name of your company/organization and the country/jurisdiction where you are located (“User Account”). You represent and warrant that the information you provide with your User Account is truthful and accurate, and agree to not transfer, assign, sublease, sublicense or allow others to access or use your User Account. You may manage your preferences in your User Account to opt-in or subscribe to receive email notifications on posts and activities in the ER Forum. You may opt-out or unsubscribe from these notifications at any time, however, you cannot opt-out of receiving technical, administrative and legal communications. If you wish to discontinue your use of the ER Forum, you may delete your User Account at any time. Upon deletion, any User Content previously posted by you will not be automatically removed from the ER Forum, but you may request removal of such content by contacting support@earthranger.com.
       
    2. Acceptable Use. You agree to abide by the ER Forum’s Community Guidelines and Rules (“Community Rules”) at all times when you participate in the ER Forum. Vulcan may, in its sole discretion, temporarily suspend, disable or limit access to your User Account, and may permanently delete your User Account for material or repeated violations of the Community Rules as determined by Vulcan. While we generally moderate the discussions in the ER Forum, we do not regularly review all User Content that may be posted by users and are not responsible for policing user activities. Vulcan will use commercially reasonable efforts to investigate any suspected or reported violations of the Community Rules. Vulcan may update the ER Forum, remove User Content, or take any other actions it deems necessary in its sole discretion. Please see the “Notice of Copyright Infringement” section below for more information on reporting suspected copyright violations in the ER Forum. If you do not agree with the Community Rules or Vulcan’s practices related to the ER Forum, your sole and exclusive remedy is to discontinue your use of the ER Forum.
       
  2. Application Forms. From time to time, Vulcan may invite users to apply and/or provide submissions using application forms through the Site (“Application Forms”). Vulcan will only make Application Forms available for a specific purpose, such as grant applications for the Conservation Technology Award. If you make any submission using an Application Form, you represent and warrant that you meet the eligibility criteria and other requirements set forth in the application details. You agree that Vulcan may use and share any User Content you provide in connection with an Application Form for the purposes described therewith. Vulcan reserves the right to suspend, remove, reinstate and modify any Application Forms without notice and will not be obligated to review or receive any submissions following the removal of any Application Forms on the Site.
     
  3. Contact Forms. You may use the contact form on the Site to contact us about general inquiries related to the Site or EarthRanger™. If you submit an inquiry through the contact form, you agree to receive communications from Vulcan using the contact details you provide. We will not use your contact information for any other purpose other than to contact you about your submission. We will use commercially reasonable efforts to respond to any inquiries submitted through the Site.
     
  4. Submissions. Except as expressly set forth in these Terms and the Privacy Policy, you agree that Vulcan has no notice, confidentiality or other obligations with respect to any User Content you submit, provide or make available to Vulcan. Accordingly, you agree to not provide Vulcan with any User Content that you consider to be confidential, proprietary or sensitive in nature, whether about you or any third party. You hereby grant to Vulcan a non-exclusive, perpetual, fully paid-up, royalty-free, transferrable, worldwide, non-terminable license, with the right to sublicense through any number of tiers, to make, use, sell, import, have made, have sold, have imported, copy, reproduce, translate, prepare derivative works of, distribute, display, perform and publicly perform, transmit through any means of communication (known or unknown) or otherwise generally utilize in any manner your User Content, including any and all associated intellectual property or proprietary rights thereof.
     

Site Restrictions

The Site is intended for a general audience and is for your personal and non-commercial use only. You represent and warrant that you will not (and will not encourage, assist or enable others to):

  1. Transmit any computer viruses, worms, exploits, Trojan horses or other harmful materials on or through the Site;
  2. Use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Site;
  3. Use or attempt to use the Site in any manner that could damage, disable or interfere with the proper working the Site;
  4. Modify, decompile, disassemble, reserve engineer or create derivative works based on the Site;
  5. Gain or attempt to gain unauthorized access to the Site including any servers, systems, networks or security related features through hacking, phishing, social engineering or any other means;
  6. Copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Site Content, without Vulcan’s prior written consent;
  7. Violate Vulcan’s or any third party's rights, including any breach of confidentiality, privacy, intellectual property or other proprietary rights; or
  8. Violate these Terms or any applicable laws.
     

Intellectual Property

Vulcan and its licensors own all rights to the Site and Site Content, including all intellectual property rights thereof. No ownership, interest or other rights in any part of the Site is given to you. All designs, text, code, graphics, and interfaces on the Site, and the selection and arrangements thereof, are the property of Vulcan, its content suppliers and licensors, and are protected by U.S. and international copyright laws. Vulcan reserves all rights not expressly granted herein.
 

Trademarks

EARTHRANGER™, including all logos and design marks used in connection therewith (collectively, “Vulcan Marks”) are trademarks owned by Vulcan Technologies LLC. The Site also displays names and logos of our EarthRanger partners that have contributed to the Site Content, development or deployment of EarthRanger™ (collectively, “Partner Marks”). Partner Marks are trademarks owned by the respective partners. Partner Marks and Vulcan Marks may not be used for any marketing, publicity, commercial or other purpose without written authorization from the trademark owner.
 

Disclaimer

THE SITE, INCLUDING ALL SITE CONTENT, IS PROVIDED ON AN "AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, VULCAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, VULCAN DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VULCAN, ITS PARENT, AFFILIATES AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, SECURITY OR RELIABILITY OF THE SITE OR SITE CONTENT.
 

Limitation of Liability

TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL VULCAN, ITS PARENT, AFFILIATES, PARTNERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, OR LOSS OF DATA) ARISING OUT OF OR RELATING TO THE SITE OR SITE CONTENT, EVEN IF VULCAN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VULCAN'S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCE SHALL BE LIMITED TO A MAXIMUM OF ONE HUNDRED US DOLLARS ($100).
 

Indemnification

You agree to indemnify, defend and hold harmless Vulcan, its parent, affiliates, partners, and their respective officers, directors, employees, agents and representatives (collectively, the “Indemnified Parties”), including all costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your use of the Site or Site Content, (ii) your User Content, (iii) your violation of these Terms, or (iv) any infringement, misappropriation or violation by you of any third party's intellectual property, proprietary, or other rights. You agree to not settle or admit liability or fault on behalf of any Indemnified Party without its prior written consent. Vulcan will use commercially reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
 

Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and Site Content, including without limitation all laws applicable to the United States and the territory or jurisdiction in which you are located.
 

Notice of Copyright Infringement

You are solely responsible for obtaining permission from the copyright owner of any Site Content prior to your use, copy or reproduction and include the required attributions or proprietary notices. Any unauthorized use, reproduction or distribution of the designs, text, code, graphics, interfaces or other copyright protected works (whether marked as such or not) appearing on the Site or in Site Content is a violation of copyright, trademark and other applicable laws that may result in civil or criminal penalties or fines. Pursuant to Title 17, United States Code, Section 512 (c)(2), notifications of claimed copyright infringement should be sent to support@earthranger.com.
 

Governing Law and Venue

These Terms are governed by the internal laws of the State of Washington without regard to conflict of law provisions. For any claims arising under these Terms, you agree to irrevocably submit to the personal and exclusive jurisdiction and venue of the state and federal courts in King County, Washington.
 

Termination

Vulcan may terminate the Site at any time without notice or liability to you. In the event of any termination, provisions of these Terms that are reasonably intended to survive termination will survive.
 

Miscellaneous

The failure of Vulcan to exercise any right in any respect shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, then only that provision will be modified to reflect the intent or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. These Terms and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you. Any attempted assignment or transfer by you shall be null and void ab initio. The section headings in these Terms are for convenience only and have no legal or contractual effect.
 

Contact Us

For any questions about these Terms, please contact us at support@earthranger.com.