Terms of Use

ACCEPTANCE OF TERMS

Rare Earth Interactive Design, Inc. ("Rare Earth") makes available for your use on this Web site (the "Site") information, documents, software and products (collectively, the "Content") and various services (the "Services"), subject to the terms and conditions set forth in this document (the "Terms of Use"). By accessing this Site, you agree to the Terms of Use. Rare Earth reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Content downloaded or printed from the Site.

COPYRIGHT; LIMITED LICENSE

The Content and Services on this Site are protected by copyright and/or other intellectual property laws of the United States of America. Any unauthorized use of the Content or Services at this Site may violate such laws. Except as expressly provided herein, Rare Earth and its suppliers DO NOT grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Content and Services.

Except as specifically permitted herein, NO PORTION of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of Rare Earth.

Use of Site Information. You may view, download and print the documents and information available on this Site subject to the following conditions, unless expressly provided otherwise in a prior written agreement between you and Rare Earth.:

The documents and information may be used solely for personal, informational, internal, noncommercial purposes,
The documents and information may not be modified or altered in any way.
The documents and information on the Site may not be distributed.
You may not remove any copyright or other proprietary notices contained in the documents and information.
Rare Earth reserves the right to revoke the authorization to view, download and print the documents and information available on this Site at any time, and any such use shall be discontinued immediately upon written notice from Rare Earth.
The rights granted to you constitute a license and NOT a transfer of title.
The rights specified above to view, download and print the documents and information available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

USE AND PROTECTION OF ACCOUNT ID AND PASSWORD

You are responsible for maintaining the confidentiality of your account ID and/or password, if applicable. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

WARRANTIES AND DISCLAIMERS

Unless expressly provided otherwise in a written agreement between you and Rare Earth, all Content and services on this site are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Rare Earth makes no warranty that (i) the services and Content will meet your requirements, (ii) the services and Content will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service or Content will be effective, accurate or reliable, (iv) the quality of any products, services, or information purchased or obtained by you from the site will meet your expectations, and (v) any errors in the software obtained from the site will be corrected. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible by law, any implied warranties are limited to ninety (90) days.

This site could include technical or other errors, inaccuracies or typographical errors. Rare Earth may make changes to the Content and Services at this site, including the prices and descriptions of any products or Services listed herein, at any time without notice. The Content or Services at this site may be out of date, and Rare Earth makes no commitment to update such Content or Services.

Rare Earth assumes no responsibility for errors or omissions in the information, documents, software, Content and/or services which are referenced by or linked to this site. References to other corporations, their services and products, are provided "as is" without warranty of any kind, either express or implied.

In no event shall Rare Earth or its suppliers be liable to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not Rare Earth has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any web site referenced or linked to from this site. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

The downloading or other acquisition of any Content through the site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such Content. No advice or information, whether oral or written, obtained by you from Rare Earth or through or from the site shall create any warranty not expressly stated in the terms of use.

This Site contains links to third-party Web sites that are not under the control of Rare Earth. Rare Earth makes no representations whatsoever about any other Web site to which you may have access through this Site. When you access a non-Rare Earth Web site, you do so at your own risk and Rare Earth is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. Rare Earth provides these links merely as a convenience and the inclusion of such links does not imply that Rare Earth endorses or accepts any responsibility for the content or uses of such Web sites.

This Site can be accessed from other countries around the world and may contain references to Rare Earth products, services, and programs that have not been announced in your country. These references do not imply that Rare Earth intends to announce such products, services or programs in your country.

PRIVACY

We will NOT release your name or otherwise publicize the fact that you submitted Content or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the Content or other information you submit to a particular part of the Site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Refer to the Rare Earth Privacy Policy to learn more about how Rare Earth protects your personal information.

INDEMNITY

You agree to indemnify and hold Rare Earth, 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 Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

GOVERNING LAW AND JURISDICTION

This Site (excluding linked sites) is controlled by Rare Earth from its offices within the state of New York, United States of America. By accessing this Site, you and Rare Earth agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof. Rare Earth makes no representation that Content on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so exclusively on their own initiative, for their own purposes, and are responsible for compliance with local laws.

TRADEMARK INFORMATION

Trademarks, logos and service marks ("Marks") displayed on this Site are the property of Rare Earth and/or other third parties. You are not permitted to use the Marks without the prior written consent of Rare Earth or such third party which may own the Marks. Rare Earth and the Rare Earth logo are trademarks of Rare Earth Interactive Design, Inc.