Terms of Use

Welcome to MAGNIFYI®. These Terms of Use govern your access to and use of MAGNIFYI.com, including our website, content, features, and services. By accessing or using the platform, you agree to be bound by these Terms, which are designed to protect both you and MAGNIFYI® while ensuring a respectful, lawful, and transparent experience for all users. Please review them carefully, as they outline your rights, responsibilities, and the conditions for using the MAGNIFYI® platform.

Earth Etch LLC, a Delaware limited liability company (“Earth Etch,” “us,” “we,” “our” and other corollary words) provides its users (“you” or “User”) with a network of our website www.magnifyi.com (the “Website”), platforms, profiles, data, content and associated services regarding various enterprise technology, services and topics (“Services”).  This Website Terms of Use, together with any documents they expressly incorporate by reference (collectively, the “Terms”), apply to the Website and all platforms, profiles, data and content posted by and in connection with Earth Etch and its Services.  It is important that you review and understand these Terms before using our Services.  If you do not agree to these Terms, you may not create an account or otherwise use our Services.  By accessing or using our Services, whether as a guest or a registered user, you agree to be bound by these Terms.  ARBITRATION NOTICE:  EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE (SECTION 14 HEREOF), YOU AGREE THAT DISPUTES BETWEEN YOU AND EARTH ETCH WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Changes to These Terms

Earth Etch reserves the right to modify these Terms at any time by placing the revised terms on the Website.  Your continued use of the Services following the posting of the revised Terms shall be deemed to constitute your acceptance of such modification.  If you do not agree to such modification, you should cease all use of the Services.

2. Conditions and Restrictions on Use

You may not set up an account through the Services if you are under the age of 18 or if you have been banned, suspended, or had an account removed by Earth Etch for any reason.  If you set up an account, you are representing and warranting that you are at least 18 years of age.  You may not have more than one account.  You may not sell or otherwise transfer your account to another party.

2b. Registration and User Information

In order to use or access certain of the Services, you are required to set up your account by completing the registration process which requires you to provide certain information (“your Data”).  You represent and warrant that:  (a) the information about yourself is true, current, and complete; (b) you will maintain and promptly update your Data to keep it true, current and complete; and (c) you will maintain the security of your password and identification.  You agree to accept all risks of unauthorized access, not directly caused by Earth Etch’s negligence, to your account.  If you provide inaccurate information, Earth Etch has the right to suspend or terminate your account at any time.

3. Use of Your Data and Usage Data

Earth Etch may collect information about your use of the Services, including, without limitation, the websites you visit, emails you open, webinars and/or content you choose to view (“Usage Data”).  Earth Etch may use and reuse your Data and Usage Data in order to provide Services to you and/or our Partners or customers.  Please refer to our Website Privacy Policy for information on how we collect, use and disclose information about you.  When you use our Services, you consent to the recording of your interactions with us, including us disclosing your Usage Data to third parties in compliance with the terms of our Website Privacy Policy.

4. License to the Services

As between you and Earth Etch, Earth Etch is the owner or licensee of the Services, including all associated content, data, technology and information.  Subject to these Terms, Earth Etch hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, non-transferable, worldwide, royalty-free license, for the duration of these Terms, to use the Services solely for the purposes described in these Terms, and subject to compliance at all times with these Terms.  All rights not expressly granted to you are reserved by Earth Etch and its licensors.  Except as expressly permitted by Earth Etch, you shall not, and shall not permit or encourage any other party to:  (a) license, sublicence, sell, resell, rent, transfer or assign, the Services in any way; (b) reverse engineer, decompile, modify, translate, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Services, including the content or the underlying technology; (c) use any data mining, robots or similar data gathering or extraction methods; or (d) use any of the Services other than for its intended purpose.  Upon termination, suspension or expiration of this license, you shall no longer have the right to use the Services or display, download or make available any content from the Services.  The foregoing license shall terminate automatically upon termination or expiration of these Terms.

5. License to Your Content

The Services may allow for you to post or provide content, data or information, including videos, music, audio, photographs, images, text, trademarks, copyrighted works, likeness, digital files, personal data, including your Data (collectively “your Content” or “Content”).  You hereby grant Earth Etch a royalty-free, non-exclusive, worldwide license to perform such acts in connection with your Content as is necessary to provide and/or improve the Services for you and other Users.  The foregoing license includes, without limitation, permission for Earth Etch to:  (a) aggregate, publicly display, transmit, distribute, copy, store, archive, modify, evaluate, create derivative works of, or reproduce your Content and to perform such other acts with respect to your Content as are necessary from time to time to provide and/or improve the Services; (b) use your Content, including your name, voice, likeness, persona and performance in connection with the Services; (c) offer or provide open access to your Content on or through the Services and/or sub-domains thereof; (d) grant sublicences to your Content in order to provide the Services, including to enable your Content to be embedded and displayed on third party websites; (e) display advertisements in connection with or alongside any display of your Content.  In the event that you provide us with any questions, comments, suggestions, opinions, observations, usage information, or feedback on the  Services, including ideas for improvements, enhancements and other changes (collectively the “Feedback”), you agree that such Feedback is the confidential information of ours and we are the sole owner of all Feedback, including all patent, copyright, trademark, trade secret and other intellectual property rights therein, and may use and implement such Feedback in whole or in part without any notice or attribution, payment or other compensation, to you or any third party.  You hereby assign to us all right, title and interest you may have in and to all Feedback.  For the avoidance of doubt, the parties expressly agree and acknowledge that the Services do not include any transfer of title to, or ownership of, any right or interest in your Content.  Such license will survive termination of this Agreement.

You acknowledge that Earth Etch does not routinely screen or review the Services and any content, data or information therein to determine whether, amongst other things, it contains false, inaccurate, misleading, defamatory, offensive, indecent, or objectionable material or contains errors and/or omissions.  However, Earth Etch reserves the right, and has absolute discretion, to monitor, screen, edit or remove your Content posted or accessed through the Services at any time.  Under no circumstances will Earth Etch be liable in any way for any User or other third-party content, including, but not limited to, for any defamation, infringements, falsehoods, errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use or publication of any such content posted, emailed or otherwise transmitted via the Services or the failure to access content through the Services.  Earth Etch does not guarantee that the Services will be suitable for any particular purpose, or to your satisfaction.

6. Ownership

Unless explicitly stated otherwise, the contents and underlying technology of the Services are the exclusive property of Earth Etch, and may not be copied, distributed, displayed, altered or modified, or reproduced or transmitted, in any form or by any means including, but not limited to, electronic, photocopy, or otherwise, without the prior written permission of Earth Etch.  The corporate and product names, slogans, logos and other content contained on the Services are the registered or unregistered trademarks or service marks of Earth Etch or are used in the Services with the permission of their owners.  The use, copying, or alteration of any trademark without the express prior written consent of Earth Etch or, where applicable, the registered owner’s express prior written consent is strictly prohibited.

7. Term and Termination

These Terms commence when accepted by you and shall continue until terminated as provided herein. Earth Etch may terminate your account and/or suspend your access to the Services should you fail to comply with the terms and conditions contained in these Terms or any other guidelines and rules published by Earth Etch.  Earth Etch further reserves the right to terminate or suspend your account or access to the Services with or without cause in Earth Etch’s sole discretion without prior notice.  In no event will any termination or expiration of these Terms relieve you of any obligations or liability accrued prior to termination.  Furthermore, Sections 3, 4, 5, 7, 9, 10, 11, 12, 13, 14 and 16 hereof shall survive termination of this Agreement.  Should Earth Etch choose to terminate these Terms, such termination does not constitute a waiver of any of Earth Etch’s rights under these Terms or under applicable law.

8. Conduct

Engaging in targeted abuse or harassment through the Services will not be tolerated.

Engaging in any type of abusive behavior is prohibited and may result in Earth Etch taking action against Users, including as follows:

• Targeted Harassment and/or the Encouraging of Others to do so:  Do not engage in harassing, bullying, or threatening behavior, and do not incite others to engage in these activities.  Anyone using the Services to single someone out for malicious abuse, to threaten someone with serious harm, to sexualize a person in an unwanted way, or to harass in other ways may have the offending content removed or be permanently banned from the Services.  In emergency situations, We may escalate imminent threats of serious harm to law enforcement.  Online harassment is also illegal in many places and can have serious offline consequences for both the harasser and the victim.
• Threatening or Inciting Violence:  Do not post content containing threats of physical harm directed towards a specific person or group of individuals or depicting graphic or gratuitous violence.  Encouraging violence or attacking anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, or disabilities is NOT allowed.  Users who happen upon such posts should immediately contact Earth Etch at hello@earthetch.com.
• Impersonating Others:  You may not impersonate others in a manner that does or is intended to mislead or deceive other or misrepresents your affiliation with any person or organization.  Individuals portraying another person in a confusing or deceptive manner or otherwise misrepresenting themselves may be banned from the Services.
• Unauthorized Posting of Personal and Confidential Information:  Do not distribute third party personal or confidential information without their permission.
• Malicious and Deceptive Practices:  Do not transmit viruses, malware, or any other malicious or destructive code.  Do not distribute Content that harms or interferes with the operation of the networks, servers, or other infrastructure of Earth Etch or others.  Do not use our Services for phishing scams.  Additionally, the harvesting, scraping, or otherwise collecting information about others, including email addresses, for posting or viewing comments is strictly prohibited.  You may not post any Content that gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
• Posting Illegal Content:  It is strictly prohibited to upload Content of any kind that contain expressions of hate, abuse, pornography, or are deemed sexually explicit, including content that exploits or abuses children, or any other material that could give rise to any civil or criminal liability under applicable law or regulations.  This includes any Content which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promoting or Participating in Illegal Activities:  Do not use our Services to engage in illegal activities or to advocate, promote, or assist in any unlawful activities.
• Spam:  Do not use our Services to spam, including by sending unwanted promotional or commercial content, or unwanted or mass solicitations.
• Account Hijacking:  Do not access another User’s Earth Etch account without their permission.
• Miscellaneous:  Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the judgment of Earth Etch, exposes Earth Etch or any of its members, Partners, customers, or suppliers to any liability or detriment of any type, including reposting another individual’s statements or content on another website, without their permission.

Earth Etch reserves the right to investigate and take action in response to any abusive behavior on the Services, including, but not limited to, removing or editing Content and/or removing a User’s access to the Services.  Earth Etch reserves all right to monitor, record, edit, or disclose any Content submitted through the Services.

If you have become the target of abusive activity or are seeing it take place on the Services, please report the user to Earth Etch by sending an email to support@magnifyi.com.

9. Third Party Services and Content

We may include or provide access to third party tools, data, information and content, including from other Users of the Services (collectively, the “Third Party Content”).  We do not control, endorse or adopt any Third Party Content, and we make no representation or warranties of any kind regarding the Third Party Content, including, without limitation, regarding its accuracy or completeness or non-infringement.  You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content or for any use thereof in connection with the Services.  We undertake no responsibility to maintain, update or review any Third Party Content.  Your dealings or correspondence with third parties and your use of or interaction with any Third Party Content are solely between you and the third party.

10. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL EARTH ETCH OR ITS LICENSORS BE LIABLE TO ANYONE ON ACCOUNT OF USE OR MISUSE OF AND RELIANCE ON ANY PORTION OF THE SERVICES OR CONTENT.  SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF EARTH ETCH OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).  SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE AND/OR CONTENT, OR FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

UNDER NO CIRCUMSTANCES SHALL EARTH ETCH OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT, TECHNOLOGY OR, ELECTRICAL POWER FAILURES, NONPERFORMANCE OF THIRD PARTIES OR GOVERNMENTAL ACTIONS.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EARTH ETCH, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES OR THE CONTENT EXCEED THE COMPENSATION YOU PAY, IF ANY, TO EARTH ETCH FOR ACCESS TO OR USE OF THE SERVICES IN THE THREE MONTHS PRECEDING THE CIRCUMSTANCES THAT GAVE RISE TO THE CLAIM.

In any jurisdiction that does not permit limitations of liability, the foregoing limitation may not apply to you.

Notwithstanding any other provision of these Terms, nothing in these Terms shall limit or exclude the liability of either party in respect of:  (a) death or personal injury resulting from its negligence, or the negligence of its Personnel; (b) fraud or fraudulent misrepresentation; or (c) any other act or omission, liability for which cannot be limited or excluded under applicable law.

11. Disclaimer of Warranties

THE SERVICES AND ALL CONTENT THEREIN PROVIDED BY EARTH ETCH OR ANY THIRD PARTY ARE PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER.  ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED BY EARTH ETCH AND ITS LICENSORS TO THE FULLEST EXTENT PERMITTED BY LAW.

EARTH ETCH AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILTY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, NONINFRINGEMENT OR COMPLETENESS OF THE SERVICES OR ANY CONTENT.  EARTH ETCH AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT:  (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (D) ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU EXPRESSLY ACCEPT THE FOREGOING DISCLAIMERS AS A CONDITION OF USE OF THE SERVICES.  EARTH ETCH FURTHER DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY SERVICES OR CONTENT.  EARTH ETCH DISCLAIMS ANY RESPONSIBILITHY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY CONTENT THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES, AND YOU ACCEPT SUCH RISK AS A CONDITION OF USE.

In any jurisdiction that does not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you as they relate to implied warranties.

12. Indemnification

You agree to defend, indemnify and hold Earth Etch, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, damages, losses, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from or related to, or alleged to result from, your Content or your violation of the Terms and any other policy in connection with the Services.

13. Jurisdiction

These Terms are governed by the substantive laws of the State of Illinois, without respect to its conflict of laws principles.  Subject to Section 14 hereof, you expressly agree that exclusive jurisdiction for any dispute with Earth Etch, or in any way relating to your use of the Services, resides in the courts of the State of Illinois and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Illinois in connection with any such dispute including any claim involving Earth Etch or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

14. Binding Arbitration; Class Waiver; Waiver of Trial by Jury

PLEASE READ THIS SECTION 14 CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH EARTH ETCH AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW.

All claims and disputes in connection with these Terms or the use of the Services that cannot be resolved informally or in small claims court or disputes in which we seek equitable and other relief for the alleged unlawful use of our intellectual property, you waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or the Services, including claims related to privacy and data security (collectively “Disputes”) resolved in court.  Instead, for any Dispute that you have against Earth Etch, you agree to first contact Earth Etch and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to us by email at hello@earthetch,com or by certified mail addressed to:

Earth Etch LLC
120 S. State St.
10^th Floor
Chicago, IL 60603
U.S.A.
Attn:  Chief Operating Officer

The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought.  Our notice to you will be similar in form to that described above.  If we cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by American Arbitration Association (“AAA”) or, under the limited circumstances set forth above, in court.

Arbitration Rules.  Arbitration will be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this Section 14.  If AAA is not available to arbitrate, the parties will select an alternative ADR Provider.  The rules of the ADR Provider will govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with these Terms or as limited by the Federal Arbitration Act (“Arbitration Rules”).  The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.  The arbitration will be conducted by a single, neutral arbitrator.  The arbitrator may conduct only individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.  Any claims or disputes where the total amount of the award sought is less than US $10,000 may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.  Arbitration proceedings will be held in Chicago, Illinois unless you are a consumer, in which case the parties will work together to determine a location convenient to both parties and in accordance with the Arbitration Rules.  For claims or disputes where the total amount of the award sought is US $10,000 or more, the right to a hearing will be determined by the Arbitration Rules.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and we will not have the right to assert the claim.

Additional Rules for Non-appearance Based Arbitration.  If non-appearance arbitration is elected as provided above, the arbitration will be conducted by telephone, online, and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration.  The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

Authority of the Arbitrator.  The arbitrator will decide the rights and liabilities, if any, of you and Earth Etch, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator will have the authority to grant motions dispositive of all or part of any claim.  The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms.  The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and us.

Fees.  The parties agree that for any arbitration you initiate, you will pay all AAA filing fees and costs, provided that if you are a consumer, then you will pay up to a maximum of US $250, and Earth Etch will pay the remaining AAA fees and costs.  For any arbitration initiated by us, we will pay all AAA filing fees and costs.

Waiver of Jury Trial.  YOU AND EARTH ETCH HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes will be resolved by arbitration under this Section 14.  Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court.  In the event any litigation should arise between us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.  Notwithstanding any other provision in these Terms, in the event that this subparagraph is deemed invalid or unenforceable, neither party is entitled to arbitration and instead all claims and disputes will be resolved in a court located in State of Illinois.

Courts.  In any circumstances where the foregoing Section 14 permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in the State of Illinois for such purpose.

Survival.  This Section 14 will survive the termination of your relationship with Earth Etch.  If any portion of this Section 14 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 14 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 14; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.  Further, if any part of this Section 14 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 14 will be enforceable.

Opt-Out – You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 14 by writing to us at:

Earth Etch LLC
120 S. State St.
10^th Floor
Chicago, IL 60603
U.S.A.
Attn:  Chief Operating Officer
hello@earthetch.com

In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration.  By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 13 hereof.

15. Copyright Complaints and Repeat Infringers

If you believe that any Content on the Services infringes any copyright which you own or control, you may file a notification of such infringement with Earth Etch at its address set forth above.

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Earth Etch has adopted a policy of terminating, in appropriate circumstances and at Earth Etch’s sole discretion, the accounts of Users or account holders who are deemed to be repeat infringers.  Earth Etch may also, at its sole discretion, limit access to the Website and/or terminate your account if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.

16. General

These Terms set forth the entire agreement and understanding of the parties relating to the subject matter hereof, and supersede all prior or contemporaneous agreements, proposals, negotiations, conversations, discussions and understandings, written or oral, with respect to such subject matter and all past dealing or industry custom.  Neither party will, for any purpose, be deemed to be an agent, franchisor, franchise, employee, representative, owner or partner of the other party, and the relationship between the parties will only be that of independent contractors.  Neither party will have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever.  Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.  The section titles in these Terms are for convenience only and have no legal or contractual effect.  Use of the word “including” will be interpreted to mean “including without limitation.”  If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect.  Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.  Neither these Terms nor any right or duty under these Terms may be transferred, assigned, or delegated by you, by operation of law or otherwise, without the prior written consent of Earth Etch, and any attempted transfer, assignment or delegation without such consent will be void and without effect.  We may freely transfer or assign these Terms or its rights and duties under these Terms without your consent.  Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.  Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.