Terms

1. BINDING EFFECT. This is a binding agreement. By using the website landing page located at arkansasearthday.org (the “Site”) you agree to abide by these Terms of Use, as they may be amended by arkansasearthday.org (“Arkansas Earth Day”) from time to time in Arkansas Earth Day’s sole discretion. Arkansas Earth Day will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Services and the Site. YOU AGREE THAT BY USING THE SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. Arkansas Earth Day IS A WEBSITE LANDING PAGE AND DOES NOT DIRECTLY SELL ANY PRODUCTS LISTED ON THE SITE.

2. PRIVACY POLICY. Arkansas Earth Day respects your privacy and permits you to control the treatment of your personally identifiable information. A complete statement of Ed-Protocol’s current privacy policy can be found on the Site. Arkansas Earth Day’s privacy policy is expressly incorporated into this Terms of Use by this reference.

3. Arkansas Earth Day’S INTELLECTUAL PROPERTY. The Site may contain copyright material and other proprietary information ofArkansas Earth Day, such as the text and content of the Site (“Arkansas Earth Day’s Intellectual Property”). The collection, arrangement, and assembly of all Ed-Protocol’s Intellectual Property on the Site is the exclusive property of Arkansas Earth Day. Without limitation, all other trademarks, product names, and company names on the Site are the property of their respective owners.

4. COPYRIGHT INFRINGEMENT. Arkansas Earth Day has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. Arkansas Earth Day has adopted a policy that provides for the immediate suspension of the Site if the Site is found to have infringed on the rights of a third party, or otherwise violated any intellectual property laws or regulations. Arkansas Earth Day’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Arkansas Earth Day to delete, edit, or disable the material in question, you must provide Arkansas Earth Day with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Arkansas Earth Day to locate the material; (d) information reasonably sufficient to permit Arkansas Earth Day to contact you, such as an address, telephone number, and if available, an email address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Arkansas Earth Day at contact page.

5. NO WARRANTIES. Arkansas Earth Day HEREBY DISCLAIMS ALL WARRANTIES. Arkansas Earth Day IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE THE SITE AND ANY PRODUCTS ORDERED FROM THIRD PARTY WEBSITES LINKED TO THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Arkansas Earth Day EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND PRODUCTS PURCHASED FROM THIRD PARTY WEBSITES LINKED TO THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ED-PROTOCOL DOES NOT WARRANT THAT THE SITE OR PRODUCTS PURCHASED FROM THIRD PARTY WEBSITES LINKED TO THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

6. LIMITED LIABILITY. Arkansas Earth Day’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Arkansas Earth Day BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, INFORMATION PROVIDED ON THE SITE, OR PRODUCTS PURCHASED FROM THIRD PARTY WEBSITES LINKED TO THE SITE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

7. NO MEDICAL SERVICES OR ADVICE; NO DOCTOR-PATIENT RELATIONSHIP. The content on the Site is provided for information purposes only, and such content is not intended to be used as, does not constitute, and should not be interpreted as medical advice. Any content on the Site should not be relied upon for medical advice or to prevent, diagnose, or treat a medical or health condition. Consequently, no doctor-patient relationship is formed by your use of the Site or the products purchased from third party websites linked to the Site. You should consult a qualified medical professional if you require medical advice.

8. THIRD PARTY SERVICES. 3-           Week-Diet may offer Services, in whole or in part, by third parties, such as ClickBank.com (“Third Party Services” provided by “Third Party Service Providers”). To use any such Third Party Services, you may be required to agree to additional terms and conditions of Third Party Service Providers. The terms and conditions of any Third Party Service Providers will apply to your use of any Third Party Services or to your visit to any Third Party Service Provider website. YOU SHOULD REVIEW THE TERMS OF USE AND PRIVACY POLICY OF ANY THRID PARTY SERVICE PROVIDER.

9. THIRD PARTY WEBSITES. The Site provides links to many websites of third parties, such as ClickBank.com (“Third Party Websites”). Arkansas Earth Day has no control over, and no liability for any Third Party Websites or materials on such sites. Because neither Arkansas Earth Day nor the Site has control over the content and performance of Third Party Websites, Arkansas Earth Day makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Arkansas Earth Day assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.

10. INDEMNITY. You agree to indemnify, defend, and hold harmlessArkansas Earth Day, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site and products purchased from third party websites linked to the Site, as well as your violation of these Terms of Use or your infringement of any intellectual property or other right of any person or entity. Arkansas Earth Day will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

11. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the Lviv Oblast, Ukraine, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of Lviv Oblast, Ukraine in all disputes arising out of or related to the use of the Site or products purchased from third party websites linked to the Site.

12. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

13. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Arkansas Earth Day or by any third party.

14. MODIFICATIONS. Arkansas Earth Day may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site; and (c) discontinue the Site at any time. Arkansas Earth Day shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

15. ACKNOWLEDGEMENT. BY USING THE SITE, ACCESSING ANY INFORMATION PROVIDED ON THE SITE, OR USING PRODUCTS PURCHASED FROM THIRD PARTY WEBSITES LINKED TO THE SITE YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.