Terms of Service

HuTerra Terms of Service

Last updated on September 16, 2019.

These Terms of Service (“Terms”) govern your access to and use of HuTerra’s websites and mobile services (the “Services”) for the express purposes of donating or raising funds for nonprofit organizations and schools (“Nonprofits”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites (you may view your account settings page to control who sees your Content). The Service provides storage, retrieval, and access features for your Content. You should only provide Content that you are comfortable sharing with others under these Terms.

HuTerra LLC (“HuTerra”) maintains the websites and mobile services (the “Services”) as a service to our Members, Nonprofits and Businesses (collectively, “User” or “you”). By using this Site, the User agrees to accept and abide by the Terms of Service set forth in this agreement and agrees to comply with all applicable laws and regulations. If User does not agree to accept and abide by these Terms of Service, do not use the Site. HuTerra may revise or modify these Terms of Service at any time from time to time and post such revisions or modifications on this page. Continued use of the Site after any such revision or modification constitutes User’s acceptance of the Terms of Service as so revised or modified.

Overview of HuTerra Services

HuTerra’s Services allows registered individual participants (“Members”) to donate or earn funds for their designated Nonprofit(s). To participate individuals must register with HuTerra by setting up a Member Account and selecting up to five Nonprofits to support. HuTerra Services consist of the following programs:

  • Online Donations: HuTerra Members can elect to donate to nonprofits through the HuTerra Foundation.
  • HuTerra Rewards: Allows members to shop for the things they need at online and local businesses giving HuTerra Rewards. Members use the My HuTerra app to find the businesses giving HuTerra Rewards. There are 3 unique programs to earn HuTerra Rewards, as follows:
    • Shop Local Scan to Give: Members use the My HuTerra app to find participating local merchants and shop their stores. They then scan and submit their receipts to HuTerra via the My HuTerra app. HuTerra verifies each receipt and those that pass verification are invoiced to the businesses on a monthly basis.
    • RaiseUp Online Marketplace: Members use the app to find and select online merchants giving HuTerra Rewards. The member selects the merchant from the app which takes them to that merchant’s specific online shopping site. The merchants automatically passes all qualifying sales to HuTerra and pays HuTerra the agreed upon reward. It is up to the sole discretion of the merchant to determine what sales qualify for HuTerra Rewards and the member must come through the My HuTerra app or RaiseUp.org to be considered for the reward. Many of the merchants have a waiting period to account for returns or cancellation before notifying HuTerra of each sale. The waiting period varies by merchant (see each merchant’s Terms of Services on their sites).
    • Gift Card Marketplace: Members use the My HuTerra app to find and purchase Gift Cards from participating merchants. All gift cards are Electronic Cards and can be used in-store or in many cases online to buy goods and services from the merchants. When the member purchases the gift card they earn HuTerra Rewards and can spend the full value of the gift card. If a member purchases a $100 gift card from a merchant that offers a 10% giveback, the member pays $100, the card is worth $100 and the member earns $10 for their nonprofit.

TERMS SPECIFIC TO ONLINE DONATIONS

DONATIONS FEES

Donations will be charged a processing fee equal to the credit or debit card transaction fee imposed by PayPal or 5%, whichever is greater. The processing fee is deducted from the amount distributed to the Nonprofits. Processing fees are subject to change at any time at the sole discretion of HuTerra.

PayPal Transaction Fee

The PayPal processing fees are outlined below. Transaction rates vary based on card type and monthly sales volume.

Monthly Sales Volumes Card Type Fee
$0 – $100,000 Visa, MasterCard, Discover 2.2% + $0.30
$100,000+ 1.9% + $0.30
All sales volumes American Express 3.5% and no fixed fee

TERMS SPECIFIC TO SHOP LOCAL SCAN TO GIVE

RECEIPT VERIFICATION

HuTerra reserves the right to reject a receipt submitted by a Member if it does not meet our validation rules. HuTerra reserves the right to update validation rules as needed. Reasons a receipt may be rejected include, but are not limited to:

  • Receipt image is not clear and/or readable.
  • Receipt image does not include the business name, purchase date, payment method or purchase amount.
  • Receipt has been previously submitted.
  • Some commercial sales receipts may not qualify for HuTerra Rewards.
  • Receipts must be submitted within 45 days from the date of purchase.

TERMS SPECIFIC TO RAISEUP ONLINE MARKETPLACE

MERCHANT DISCRETION ON WHAT PRODUCTS QUALIFY FOR REWARDS

It is the sole discretion of the merchant to determine what sales qualify for HuTerra Rewards and the member must come through the My HuTerra app or RaiseUp.org to be considered for the reward. Many of the merchants have a waiting period to account for returns or cancellation before notifying HuTerra of each sale. The waiting period varies by merchant (see each merchant’s Terms of Services on their sites).

ONLINE MERCHANT FAILURE TO REPORT OR PAY

If an online merchant fails to report a Qualifying Purchase to HuTerra or fund to HuTerra the cash back offered on such purchase, HuTerra shall not be required to contribute the store offered amount to the Nonprofits designated by the Member. You agree to hold harmless HuTerra for any losses that may result from such a failure to report or pay by the online stores.

TERMS SPECIFIC TO GIFT CARD MARKETPLACE

  • Members can purchase Gift Cards for Merchants participating in the Gift Card Program directly from HuTerra through the newest version of the My HuTerra App, our mobile application, which is free to download. Members must use their checking and/or savings account to purchase Gift Cards for use at participating Merchants. When applicable members can also use the Gift Card to purchase products online from the participating Merchants. The Members designated Nonprofit Organization will receive a reward based on the percentage identified by each participating Merchant and the total to be received by the Nonprofit Organization will be identified in the My HuTerra App. Each Merchant may set categories of products that are not eligible to earn Rewards and Members must either go to the Terms of Service specific to the Merchant or view the Merchant’s Terms of Service that is contained in the My HuTerra app Electronic Wallet.
  • Gift Card Participation Requirements: In order to use the HuTerra Services, you must be the age of majority in your jurisdiction and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. If you are an individual that is using or opening (enrolling) an account to purchase Gift Cards on behalf of a HuTerra, entity, or organization (collectively “Eligible Organization”), then you represent and warrant that you are an authorized representative of that Organization with the authority to enroll and bind such Organization to these Terms and agree to be bound by these Terms on behalf of such Organization.
  • Limitations and Restrictions Related to Gift Card Purchases: You understand that HuTerra does not operate or control the products or services offered by participating merchants. The merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. HuTerra is not a party to the transactions entered into between you and participating merchants. YOU AGREE THAT PARTICIPATION IN THE GIFT CARD PROGRAM IS AT YOUR SOLE RISK AND THAT THE GIFT CARD PROGRAM IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL HUTERRA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND PARTICIPATING MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO THE HUTERRA SERVICES. IN NO EVENT SHALL HUTERRA NOR ITS AFFILIATES BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THE HUTERRA OR THE HUTERRA SERVICES OR FROM THE FAILURE TO MAKE CONTRIBUTIONS TO THE DESIGNATED ELIGIBLE ORGANIZATIONS, REGARDLESS OF WHETHER HUTERRA OR ITS AFFILIATES WERE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. IN NO EVENT SHALL HUTERRA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE HUTERRA SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED FIFTY DOLLARS ($50 USD). YOU AUTHORIZE HUTERRA AND ITS AFFILIATES TO PERFORM ALL ACTIONS NECESSARY HEREUNDER, INCLUDING WITHOUT LIMITATION, THE DIRECTING OF CONTRIBUTIONS TO AN ELIGIBLE ORGANIZATION DESIGNATED BY YOU.
    CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
  • Electronic Funds Transfers (EFT’s): By creating a Gift Card account with HuTerra and initiating bank deposits or withdraws (i.e. EFTs), you agree to the privacy policy of our financial services provider, CSG Forte Payments, Inc. which can be found at www.forte.net/privacy and are incorporated herein by reference. CSG Forte Payments, Inc. provides payment solutions that assists tens of thousands of organizations located throughout North America to accept and process their payments in a secure manner. Any HuTerra Members who desires to use Gift Cards to earn HuTerra Rewards will establish accounts through the My HuTerra App directly through CSG Forte Payments, Inc. HuTerra will have no direct access to the Members account information.
  • Refund Policy: Nothing is more important to HuTerra than the satisfaction of our users. If, for any reason, you are unhappy with our services, please contact us and we will work individually with you. Please note that no refund for Electronic Gift Card purchases is possible once the digital delivery of the Electronic Gift Card Code has occurred to the Member. Funds already distributed to the designated charitable organization are the sole responsibility of the said organization. The issuing of refunds and handling chargebacks in these instances will be controlled directly by the said organization.

TERMS RELATED TO NONPROFITS

NONPROFIT RECEIVING FUNDS

When you claim your nonprofit organization on HuTerra for the purpose of using the Services, you agree to the following Terms with respect to said Services, and the manner by which HuTerra may choose to disseminate HuTerra Rewards to you. In addition, you agree to comply with all local, state, and federal law with respect to said transfer of funds, including campaign finance laws, if applicable. You also agree to provide your Supporters with appropriate tax documentation, if applicable.

HuTerra may require certain information from you before payment is disseminated to your nonprofit organization. As a general rule, nonprofit organizations may receive, but are not obligated to receive; funds about sixty (60) days after the rewards are received into the HuTerra Foundation account.

NONPROFIT VERIFICATION PROCESS

HuTerra takes various steps to verify Nonprofits that Members elect to receive HuTerra Rewards or donations. The Services are available to Nonprofits approved by HuTerra that are registered and in good standing with the IRS as a tax exempt nonprofit organization. Although HuTerra aims to include only schools and charitable organizations that are in good standing, The Program cannot guarantee the good standing and/or conduct of any organization. HuTerra will request the below information from Members or Nonprofits to help in the validation process:

Independent Clubs and Nonprofit Organizations: The applicable EIN or Federal Identification Number and full address/location.

Schools: School address.

HuTerra uses the information provided to verify legitimacy through GuideStar, the IRS Database and/or the NCES databases. HuTerra might request additional information, if needed, to aid in the verification process. Additionally, HuTerra uses the address information to bounce against the IRS Database and will send checks to the address identified in the IRS Database from HuTerra Foundation, Inc. to the Nonprofit or schools.

GENERAL TERMS

LAWS AND REGULATIONS

You may use the Services only if you can form a binding contract with HuTerra and are not a person barred from receiving services under the laws of the United States or another applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

You may not share Content that contains defamatory, threatening, pornographic or otherwise questionable material. You may only share Content in which you have all necessary copyright and other rights. You are solely responsible for how you share Your Content and determining who and how Your Content may be viewed.

The Services that HuTerra provides are always evolving and the form and nature of the Services that HuTerra provides may change from time to time without prior notice to you. In addition, HuTerra may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by HuTerra on the Services are subject to change. In consideration for HuTerra granting you access to and use of the Services, you agree that HuTerra and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

COPYRIGHT

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of HuTerra or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of HuTerra and protected by United States and international copyright laws. All software used on this site is the property of HuTerra or its software suppliers and protected by United States and international copyright laws.

HUTERRA’S PRIVACY POLICY

Any information that you provide to HuTerra is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by HuTerra. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your HuTerra account, which you may not be able to opt-out from receiving.

HUTERRA RULES FOR CONTESTS OR SWEEPSTAKES

Any promotion which attempts to draw attention to a particular product or HuTerra by awarding some sort of prize by chance might be called a contest or a sweepstake, prize, offer, lottery, raffle, derby, drawing or game.

Sweepstakes are prize giveaways where the winners are selected by chance.

Contests choose a winner based on some merit.

Any promotion that provides the three elements of Prize, Chance and Consideration is defined as a lottery and is illegal on a Federal level as well as most states.

Prize is defined as something of value that can be gained by entering a contest or sweepstake.

Chance means that a winner is chosen by luck with no skill or ability required.

Consideration means anything which is commercial or financial advantage to the promoter or disadvantage to any participant. If proof of purchase is required for an entrant you must provide a free means for people to have an equal opportunity to win a prize.

In most cases, all three elements of Prize, Chance and Consideration must be available for the activity to be illegal. Note that some states will be more prohibitive then the Federal requirements and checking with your state District Attorney would be appropriate before conducting a contest, sweepstake or Giveaway.

In most cases, any advertisement for any contest should clearly state that no purchase is necessary to win a prize and for proof of purchase you should offer a free means for a person to enter.

The My HuTerra App is available to anyone to down load for free.

HuTerra requires that any person who enters a Contest, Sweepstake or Sales Promotion be at least 18 (eighteen) years of age.

The best way to sponsor a contest or sweepstake is to offer the ability for someone to have an equal chance for free such as simply showing up at the business and filling out an entry form.

Please note that some states will require businesses to obtain a special license to conduct contests, sweepstakes or other sales promotions that contain any of the elements of Prize, Chance and Consideration but anything that contains all three elements is illegal.

Nonprofits receive special consideration in some states to conduct Contests and Sweepstakes that do contain all three elements as well as at the Federal level.

Any organization or business that conducts a Contest or Sweepstake must publish their own rules for such Contest or Sweepstake.

HuTerra is providing these guidelines in general to help educate all involved related to the complexity of Federal and State Law related to Contests and Sweepstakes.

HuTerra reserves the right to change these Rules for Contests, Sweepstakes or Sales Promotions without advanced notice.

LINKS

HuTerra may provide hyperlinks in the Services to other Web sites. If User links to these sites, User will leave this Site and User does so at User’s own risk. HuTerra makes no warranty or representation regarding any linked Web sites or the information appearing on such linked sites. The links do not imply that HuTerra sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in the linked sites. HuTerra prohibits caching, unauthorized hypertext links to the Services, or the framing of any HuTerra Materials made available in the Services. As such, HuTerra reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the HuTerra Materials available on any other Web site linked to the Services. Users should be aware that linked sites may contain rules and regulations, privacy policies, confidentiality policies, and other provisions that differ from the provisions of the Services. HuTerra is not responsible for such policies and expressly disclaims any and all liability related to such policies.

GENERAL

As identified above under “Overview of HuTerra Services”, HuTerra operates various opportunities for Members to earn rewards for their selected Nonprofits, including: (1) Shop to Earn and Scan to Give at Local Businesses, (2) HuTerra Rewards Online Shopping, and (3) HuTerra Rewards Online Shopping or Local Shopping with Gift Cards” or (collectively “HuTerra Services”). HuTerra may add additional Programs in its sole discretion, the terms and conditions for which are hereby incorporated by reference. HuTerra has established the HuTerra Services to benefit Nonprofit Organizations that HuTerra Members select HuTerra Rewards to go to. Nonprofit Organizations will receive HuTerra Rewards through the HuTerra Foundation that are received from the participating Merchants.

Participating Merchants may impose certain limitations or restrictions upon their participation in the HuTerra Services, including, without limitation, by limiting the categories of purchases that are eligible to earn HuTerra Rewards or by setting overall contribution limits or regional contribution limits. If a Member fails to comply with any restrictions imposed by the participating Merchant, HuTerra is not obligated to pay contributions to the Member’s selected Nonprofit. To find out Merchant participation criteria for a particular Member, you may visit the Merchant’s website. HuTerra reserves the right to discontinue or alter the Terms of Services, including the participating Merchants, the contribution percentages, and the registered Card types that are accepted by Merchants, at any time without prior notice.

OWNERSHIP/LIMITED LICENSE

HuTerra owns all information, content, materials, and other items provided in Services (collectively, the “HuTerra Materials”). Subject to these Terms of Service, HuTerra grants User a limited, non-exclusive, non-transferable, revocable right to view, print and use the HuTerra Materials provided herein. HuTerra authorizes User to view and use the HuTerra Materials solely for User’s own purposes. This limited authorization is not a transfer of title in or to the HuTerra Materials and User further agrees to the following restrictions: (i) User must retain all copyright, trademark and other proprietary notices contained in the HuTerra Materials; (ii) User may not modify the HuTerra Materials in any way or reproduce or publicly display them; and (iii) User must not transfer the HuTerra Materials to any other person or third party. User agrees to comply with all applicable copyright, trademark, and other intellectual property laws in using the HuTerra Materials. Except for the limited license provided herein, User does not acquire any ownership interest, express or implied, under any patents, trademarks, copyrights or trade secret information viewed through the HuTerra Materials. Users of the HuTerra Materials are prohibited from modifying, copying, distributing, displaying, creating derivative works or using any of the HuTerra Materials.

NO WARRANTIES/DISCLAIMER

THE SERVICES AND THE HUTERRA MATERIALS ARE PROVIDED ON AN “AS IS” BASIS AND AS SUCH THE SERVICES AND THE HUTERRA MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. HUTERRA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE HUTERRA MATERIALS OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HUTERRA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICES AND THE HUTERRA MATERIALS. HUTERRA DOES NOT WARRANT THAT ITS SERVICES OR E-MAIL SENT FROM HUTERRA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HUTERRA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATIONS OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

THE SERVICES ARE AVAILABLE “AS-IS”

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, HUTERRA AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. HuTerra will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that HuTerra has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from HuTerra or through the Services, will create any warranty not expressly made herein.

COPYRIGHT POLICY

HuTerra respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an e-mail address; (v) a statement by you 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 (vi) 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 copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, HuTerra will also terminate a user’s account if the user is determined to be a repeat infringer.

LIMITATIONS OF DAMAGES

IN NO EVENT SHALL HUTERRA, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS EMPLOYEES, AND/OR SHAREHOLDERS HAVE ANY LIABILITY HEREUNDER TO ANY USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF INFORMATION, LITIGATION, OR THE LIKE) THAT ARE RELATED TO THE USE OF THE HUTERRA MATERIALS AND THE SERVICES AND THAT ARE BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF HUTERRA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HUTERRA AND USER REGARDING USE OF THE SERVICES. THE SERVICES AND THE HUTERRA MATERIALS WOULD NOT BE PROVIDED TO USER WITHOUT SUCH LIMITATION ON DAMAGES.

PASSWORDS

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. HuTerra cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

YOUR RIGHTS

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for HuTerra to make such Content available to other companies, organizations or individuals who partner with HuTerra for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Such additional uses by HuTerra, or other companies, organizations or individuals who partner with HuTerra, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners, and if you do not have the right to submit Content for such use, it may subject you to liability. HuTerra will not be responsible or liable for any use of your Content by HuTerra in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

HuTerra gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by HuTerra as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by HuTerra, in the manner permitted by these Terms.

HUTERRA RIGHTS

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of HuTerra and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the HuTerra name or any of the HuTerra trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding HuTerra, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

WAIVER AND SEVERABILITY

The failure of HuTerra to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

VIOLATIONS OF TERMS OF SERVICE

HuTerra reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service.

CONTROLLING LAW AND JURISDICTION

These Terms and any action related thereto will be governed by the laws of the State of Wisconsin without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Brown County, WI and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Wisconsin (excluding choice of law).

ENTIRE AGREEMENT

These Terms, the HuTerra Rules and our Privacy Policy are the entire and exclusive agreement between HuTerra and you regarding the Services (excluding any services for which you have a separate agreement with HuTerra that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between HuTerra and you regarding the Services. Other than members of the group of companies of which HuTerra is the parent, no other person or HuTerra will be third party beneficiaries to the Terms.

We may revise these Terms from time to time; the most current version will always be at www.HuTerra.com/terms. If the revision, in our sole discretion, is material we will notify you via a direct HuTerra message to your HuTerra account or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

If you have any questions about these Terms of Service, the practices of this site, or your dealings with this site, please contact us at:

HuTerra
www.huterra.com
HuTerra, 1385 West Main Avenue, De Pere, WI 54115
920.499.0533
customercare@huterra.com