Terms and Conditions

Effective Date: October 1, 2012


Era Minerals, LLC ("we") provides the EraMinerals.com (the "Site") subject to the following terms and conditions, our Privacy Policy and other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or customer service, all of which are deemed a part of and included within these terms and conditions (collectively, "Terms and Conditions"). By accessing or using the Site, you fully and unconditionally accept and agree to these Terms and Conditions. If you do not agree to them, please do not use the Site. We may revise these Terms and Conditions at any time by updating this page. By using the Site, you agree to be bound by any such changes.


1. Privacy

The Privacy Policy, which is incorporated into these Terms and Conditions by reference, governs the collection, use and disclosure of personally identifiable information gathered on or through the Site, including, but not limited to, the personally identifiable information you provide while establishing an account, purchasing products/services and accessing and using the Site and its features.


2. User Eligibility

This is a general audience Site and users of all ages are welcome to browse the Site. However, if you are under the age of thirteen (13), you should not provide any information about yourself on or through the Site, including, but not limited to, your name, address, email address, phone number and other personally identifiable information.

The Site is available worldwide and may be operated from various locations both within and outside the United States. Access to and use of the Site, including its features and products and services available for purchase through the Site, however, may be inappropriate, prohibited or restricted in countries outside the United States. We make no warranty or representations that the Site is appropriate or available for access/use in locations outside of the United States. If you access/use the Site from outside the United States, you do so at your own risk and are responsible for complying with applicable laws and regulations of the territory from which you access/use the Site.


3. Your Account

You may register at our Site if you are over thirteen (13) years of age. You agree to provide only current, complete, accurate and truthful information, and you are responsible for keeping such information current, complete, accurate and truthful. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.


4. Intellectual Property

Unless otherwise noted, the Site and all materials, information and images including but not limited to text, graphics, photos, videos, code, designs, files, button icons, downloads, trademarks, service marks, trade names, and other content displayed on or that can be downloaded from this Site, and the compilation and organization thereof (collectively, “Materials”) are the property of Era Minerals, our affiliates, partners or licensors and are protected by United States and international laws, including laws governing copyrights and trademarks. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Era Minerals. Copyright © 2012 Era Minerals, LLC. All rights reserved.

Except as permitted in these Terms and Conditions, or as required under applicable law, neither the Materials nor any portion of the Site may be reproduced, duplicated, copied, distributed, sold, resold, modified, or otherwise used, in whole or in part, for any purpose without the prior written permission of the owner of such Materials.


5. Use of the Site

Unless otherwise noted, the products and services available on the Site, and any samples thereof are intended solely for personal use. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us.

We maintain the Site for your personal use. Permission is granted to access, display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy and print in hard copy portions of the Materials from the Site solely for your own personal use, provided that you do not remove any copyright, trademark or other proprietary notices from the Materials. Permission is also granted to create a hyperlink to the home page of the Site. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

Your use of the Site for any other purpose is permissible only with our prior consent. Without limiting the foregoing, you may not make any use of the Site or any and/or all Materials other than personal use; frame or otherwise co-brand the Site or any of its content; interfere with others' use of the Site; impersonate another person while using the Site; impair the Site's operation; interfere with our intellectual property rights or use the Site for any illegal purpose.


6. Availability of Features, Products and Materials

All features, Materials and products available on or through the Site, including, but not limited to, prices of such products and services, are subject to change at any time without notice in our sole discretion. The inclusion of any features or products in this Site at a particular time does not imply or warrant that these features or products will be available at any time. It is your responsibility to ascertain and obey all applicable laws in regard to the possession, use and sale of any product purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.


7. Transactions

All transactions made through the Site are subject to our acceptance, which is in our sole discretion. Without limitation, this means that we may refuse to accept or may cancel any transaction, whether or not the transaction has been confirmed; limit the order quantity on any product or service and/or to refuse service to any customer for any or no reason, in our sole discretion, and without liability to you or any third party. We also may require verification of information prior to the acceptance and/or shipment of any order.


8. User Submissions

You are solely responsible for all submissions that you upload, post, email or otherwise transmit via or to the Site, or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or any other materials (collectively "User Content").

User Content will be treated as non-confidential and non-proprietary to you or anyone else. Subject to the terms of our Privacy Policy, by transmitting or posting any User Content, you hereby grant us a worldwide, perpetual, irrevocable, royalty-free, sublicenseable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such User Content in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any User Content in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the User Content within or in connection with our products or services without compensation to you. This license will survive the termination of these Terms and Conditions and your use of the Site. You also acknowledge that your User Content will not be returned and we may use your User Content, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

You represent and warrant that you own all right, title and interest in or otherwise control the rights to your User Content, and that you don’t impersonate any person or entity, or otherwise mislead us as to its origin. You further represent and warrant that your User Content does not violate any law, statute, ordinance, regulation or the intellectual property rights or other rights of others, including, but not limited to, patent, trade secret, copyright, trademark, publicity, proprietary, privacy and contract rights of others; is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, harassing to any individual, partnership or corporation or otherwise objectionable; does not contain software viruses, worms, or other potentially damaging computer programs or files,  commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under these Terms and Conditions; is not submitted for compensation or other consideration from any third party; and is not false, inaccurate or misleading.

You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any User Content or any damages arising from any User Content. We shall have no liability related to the User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

We reserve the right to refuse to post or to remove any or all User Content in our sole discretion and to change, condense, or modify any User Content. We do not guarantee that User Content will not be lost or damaged or that you will be able to retrieve your User Content.


9. User Content

All third parties, and not we, are entirely responsible for all User Content that they post to the Site. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that may be offensive, indecent or objectionable to you and we shall not be liable for any such User Content and that the risk of harm or damage from the foregoing rests entirely with you.

Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, emailed or otherwise made available via the Site.


10. Accuracy of Information

We take reasonable steps to maintain the accuracy and update the Material on the Site; however, to the extent permitted by applicable law, we do not and will not make any representations or warranties whatsoever regarding the suitability, adequacy, completeness, accuracy or timeliness of product descriptions, colors, information or any other Materials available on the Site. We reserve the right in our sole discretion to add, remove or otherwise modify the Materials and the Site at any time without notice.

All prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the U.S. In the event that a product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and paid for.

All Materials are intended to be used for personal informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration. The products are not intended to diagnose, treat, cure or prevent any condition or disease and we will not accept responsibility for any injury, illness or damages caused by failing to seek or take proper medical advice. The Site does not replace any medical resource and its use does not serve as a substitute for professional medical advice. You are responsible for ensuring that our products are used correctly and are suitable for your own needs. This includes avoiding products that include ingredients to which you are intolerant, sensitive or may react.


11. Purchase Related Policies and Procedures

To view policies and procedures related to orders placed through this Site such as order processing, shipping and payment, returns and cancellations (“Purchase Policies”), click here.


12. Applicability of Additional Terms and Conditions

Additional or different terms and conditions ("Other Terms") may apply in connection with certain Site features (e.g. reviews, contest entries, wholesale and affiliate accounts). If applicable, these Other Terms will be set forth either directly or in a link adjacent to where you are permitted to submit User Content, access or use such features, or purchase products and services. These Other Terms are incorporated into and made a part of these Terms and Conditions by reference. In the event Other Terms conflict with these Terms and Conditions, the Other Terms shall control with respect to the subject matter to which such Other Terms apply.


13. Third Party Links

We are not responsible for the content of any websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us of the referenced website. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, any websites linked to or from the Site, nor do we assume any responsibility or liability for the content, products or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all other websites that you visit.


14. Changes and Updates; Electronic Notices

We reserve the right to change the Terms and Conditions by modifying, adding or removing any portion of these Terms and Conditions. You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions refer from us electronically including by posting Notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Changes in these Terms and Conditions will be effective immediately upon posting.  Your continued use of the Site after any changes to these Terms and Conditions are posted constitutes your acceptance of these changes.


15. Reservation of Rights

We reserve the right, in our sole discretion, to modify, suspend, impose limits on or discontinue all or any aspect of the Site and its features, products and services available on or through the Site at any time, without notice or liability to you or any third party. We reserve the right, in our sole discretion, to terminate your account, to terminate or restrict your use of and access to the Site or its features at any time, without notice, for any reason or no reason, and without liability to you or any third party. We may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to comply with legal process, respond to your requests for customer service, or protect our rights and property.


16. Disclaimer of Warranties; Limitation of Liability

THE SITE IS PRESENTED "AS IS" AND “AS AVAILABLE”. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE OR THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF BUSINESS AND/OR PERFORMANCE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), LOSS OF OR DAMAGE TO PROPERTY OR DATA, OR CLAIMS OF THIRD PARTIES RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

YOU AGREE THAT NO CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR CAUSE OF ACTION AROSE. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Some jurisdictions do not allow limitations on certain warranties or the exclusion or limitation of certain damages, so the above may not apply to you. If applicable authority holds any portion of this section to be unenforceable, then our liability will be limited to the maximum extent permitted by applicable law.


17. Indemnification

You agree to defend, indemnify and hold us, our related companies and each of our and their respective directors, officers, employees and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.


18. Disputes

In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Terms and Conditions (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Both you and we agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any litigation or filing any claim against the other party.

With respect to any Dispute regarding the Site, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Virginia, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Virginia. Any Dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Virginia, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.


19. General

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. If any provision of these Terms and Conditions is held to be unlawful, void, invalid, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Section headings in these Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions set forth the entire agreement between you and us in connection with your use of the Site.

 

If you have any questions regarding these Terms and Conditions, please contact us.