TerraFirm Terms of Use

Welcome to the TerraFirm website.  Please review the following terms and conditions that govern your use of this website.   If you do not agree to these terms and conditions, please do not use our website.

TRADEMARKS

All trademarks, product names, and company names and logos appearing on our website are the property of their respective owners.

COPYRIGHTS

All materials on this website, including text, graphics, images, logos, illustrations, designs, icons, photographs, video clips, and audio clips (collectively, the “Content”), are the property of their respective copyright owners, and are protected by U.S. and International copyright laws.  The compilation (meaning the collection, arrangement, and assembly) of Content on this website is the exclusive property of TerraFirm and is protected by U.S. and International copyright laws.

USER COMMENTS AND CONTRIBUTIONS

TerraFirm may enable Users to post comments, feedback, suggestions and ideas (Comments) on our website.  If you post Comments on the website, you grant TerraFirm a non-exclusive, royalty-free, and perpetual right to use, reproduce, publish, translate, and display such Comments throughout the world in any media.  You also grant TerraFirm the right to use the name (if any) that you submit with any Comment, in connection with such Comment.   The User will retain the copyright to any Comments posted.

You agree that no Comments or Contributions submitted by you to the website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).  You further agree that no Comments or Contributions submitted by you to the website will be or contain libelous or otherwise unlawful, abusive or obscene material.  You are and shall remain solely responsible for the content of any Comments or Contributions you submit.

TerraFirm is and shall be under no obligation to (1) maintain any Comments or Contributions in confidence, (2) pay to User any compensation for any Comments or Contributions, or (3) respond to any Comments or publish any Contributions.

TerraFirm does not receive compensation for any Comments or Contributions submitted to us.

TRADEMARK AND COPYRIGHT COMPLAINTS

TerraFirm respects the intellectual property of others.  If you believe that your work has been copied in any way that constitutes trademark or copyright infringement, you may (in accordance with the Digital Millennium Copyright Act) submit a formal Notice of Trademark or Copyright Infringement to TerraFirm.  The notice should contain the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the trademark or copyrighted work that your claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the website;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the trademark or copyright owner, its agent, or the law;
  • A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the trademark or copyright owner or authorized to act on the trademark or copyright owner’s behalf.

Notice of Trademark or Copyright Infringement can be sent to our Copyright Agent Monica Hill at the address provided in the paragraph OUR ADDRESS below.

USE OF WEBSITE

The Content on our website, and the website as a whole, is intended solely for personal, noncommercial use by the Users of our website.  You may download or copy the Content and other downloadable materials displayed on the website for your personal use only.  No right, title or interest in any downloadable materials is transferred to you as a result of any such downloading or copying.  You may not reproduce (except as noted above), duplicate, copy, publish, transmit, distribute, display, perform, modify, create derivative works from, sell or participate in any sale of, resell, or exploit in any way (including for any commercial purpose), in whole or in part, any of the Content on the website, or the website, unless expressly permitted by TerraFirm.

PRIVACY POLICY

In accordance with the terms of TerraFirm’s Privacy Policy, TerraFirm respects the privacy of its Users.

DISCLAIMER

User expressly agrees that use of TerraFirm is at User’s sole risk.  Neither TerraFirm, nor any of its officers, directors, third-party content providers, merchants, sponsors, or the like, warrants that TerraFirm will be uninterrupted or error-free; nor does it make any warranty as to the results that may be obtained from the use of the website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through TerraFirm.

THIS WEBSITE IS PROVIDED BY TERRAFIRM ON AN AS IS AND AS AVAILABLE BASIS.  TERRAFIRM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THIS WEBSITE.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TERRAFIRM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  TERRAFIRM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.  NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY TERRAFIRM, ITS OFFICERS, DIRECTORS, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH ADVICE OR INFORMATION.

Under no circumstances shall TerraFirm or any other party involved in creating, producing, or distributing judycompany.com (including its officers, directors, third-party content providers, merchants, sponsors, or the like) be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use our website, including but not limited to reliance by a User on any information obtained from TerraFirm or that result from mistakes, omissions, interruptions, deletion of files or e-mails, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to TerraFirm records, programs, or services.  User hereby acknowledges that this paragraph shall apply to all Content, merchandise, and services available through TerraFirm.  Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

THIRD-PARTY  CONTENT

The opinions, advice, statements, services, offers, or other information expressed or made available on the website are solely those of the respective author(s) and do not necessarily reflect the views of TerraFirm (including its officers and directors).  Neither TerraFirm, nor any of its officers, directors, third-party content providers, merchants, sponsors, or the like, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose.

This website contains links to external websites on the Internet that are owned and operated by third-party vendors and other third parties.  You acknowledge that TerraFirm is not responsible for the availability of or the content located on or through any of these websites.  Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

SEVERABILITY

The provisions of these Terms of Use are intended to be severable.  If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

APPLICABLE LAW

This website is created and controlled by TerraFirm in the State of Kansas.  As such, the laws of the State of Kansas will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.  TerraFirm or its contractors reserves the right to make any changes to its website and these disclaimers, terms, and conditions at any time.  User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Kansas and of the United States of America located in the State of Kansas for any litigation arising out of or relating to use of or purchase made through TerraFirm (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Kansas Courts, and agrees not to plead or claim in any Kansas Court that such litigation brought therein has been brought in an inconvenient forum.

OUR ADDRESS

TerraFirm

8334 Ruby Ave.

Kansas City, KS 66111

Phone: 913-422-5088

FAX: 913-422-5307

E-mail: info@terrafirm.com

URL: http://www.terrafirm.com