GLOBAL ALERTS, LLC

WEB SITE AGREEMENT

This Web Site Agreement (“Agreement”) is between GLOBAL ALERTS, LLC (“GAL”) and the person (“you,” “your” or “yours”) that has accessed and used this Web Site (“Web Site”). By accessing or using this Web Site, you are agreeing to comply with and be bound by all the terms of this Agreement.

YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER EIGHTEEN (18) YEARS OF AGE, THAT YOU MAY LEGALLY ENTER INTO THIS AGREEMENT, AND THAT YOU AGREE WITH ALL THE TERMS OF THIS AGREEMENT. GAL’S PRIVACY POLICY IS DESCRIBED HERE HTTP://EARTH911.COM/TERMS-OF-USE, AND IS INCORPORATED BY REFERENCE INTO THIS AGREEMENT. GAL MAY CHANGE THIS AGREEMENT AND GAL’S PRIVACY POLICY FROM TIME TO TIME, AND POST THOSE CHANGES HERE. GAL SHALL POST SUCH CHANGES AT LEAST THIRTY (30) DAYS BEFORE SUCH CHANGES BECOME EFFECTIVE, UNLESS SUCH CHANGES ARE IN RESPONSE TO A CHANGE IN LAW, JUDICIAL ORDER, OR AN URGENT CHANGE IN GAL’S BUSINESS, IN WHICH A SHORTER PERIOD MAY APPLY. YOU AGREE TO REVIEW THIS AGREEMENT AND GAL’S PRIVACY POLICY FREQUENTLY TO NOTIFY YOURSELF OF SUCH CHANGES. YOU UNDERSTAND AND AGREE, HOWEVER, THAT YOU SHALL BE BOUND BY ALL SUCH CHANGES, IF ANY, REGARDLESS OF WHETHER YOU ACTUALLY RECEIVE SUCH NOTIFICATION.

1. USE OF WEB SITE.

   • 1.1 License. Subject to all other terms of this Agreement, GAL hereby grants you a license to access and use the Web Site solely to obtain the services available on the Web Site. The materials and information appearing on the Web Site belong to GAL or its licensors and you may not make or transfer any copies of the Web Site or any such materials or information. The foregoing license shall terminate immediately and without prior notice for any breach of this Agreement by you. You agree not to modify the Web Site, remove any notices or markings on the Web Site, or reverse compile, reverse assemble, reverse engineer or otherwise attempt to learn, use or disclose the trade secrets contained in the Web Site or permit any third party to do any of the foregoing. There are no implied licenses under this Agreement.

   • 1.2 Confidentiality. You acknowledge and agree that the Web Site is furnished during the term of the Agreement for your personal use and not for redistribution. You agree that you shall not directly or indirectly “scrape,” “spider,” monitor or otherwise seek to obtain the contents of any database contained at or accessible through the Web Site. You agree that GAL shall be free to use, display, copy, modify and disclose all information received from you (including without limitation your location information such as your state, city, zip code and personal address, if you provide of the foregoing) during and after the term of this Agreement, as GAL sees fit.

2. DISCLAIMER.

   THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY WHATSOEVER. ALL EXPRESS, IMPLIED OR STATUTORY CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, PERFORMANCE OR NON-INFRINGEMENT, ARE DISCLAIMED.

3. LIMITATION OF LIABILITY.

   IN NO EVENT SHALL GAL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSONS OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, OR NEGLIGENCE) ARISING UNDER THIS AGREEMENT OR IN CONNECTION WITH THE WEB SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF GAL EXCEED THE SUM OF ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE CAUSE OF ACTION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL GAL HAVE ANY LIABILITY WHATSOEVER FOR ANY THIRD PARTY IDEAS OR OPINIONS EXPRESSED ON THE Web Site.

4. RESTRICTED USE AND INDEMNITY.

   • 4.1 Restricted Use. You agree not to frame any content on the Web Site or attempt to present any portion of the Web Site as belonging other than to GAL or its licensors. You agree not to use the Web Site for unlawful or wrongful purposes, including, but not limited to, distributing material that: (i) is owned by someone else; (ii) is illegal, obscene, libelous, pornographic, vulgar, harassing or discriminatory; (iii) advocates any violent or illegal act, including without limitation the illegal consumption of drugs or alcoholic beverages; (iv) is protected as a trade secret; (v) is an invasion of the privacy of a third party; or (vi) constitutes “Spam” or other illegal or unwanted content. You also agree to comply with all GAL rules and regulations and all statutes and other governmental requirements. You agree that your use of any content feeds available through the Web Site shall be solely for your personal, non-commercial purposes, and that you shall attribute GAL as the source of such content feeds. GAL may terminate your access to such content feeds at any time and for any reason or no reason.

   • 4.2 Indemnity. You agree to indemnify, defend and hold harmless GAL, its parent, subsidiaries, directors, officers, employees, agents, customers and affiliates from and against any claims, demands, threats, suits, proceedings, losses or liabilities arising from or related to any breach of this Agreement by you.

5. LINKS.

   You understand and agree that the Web Site may have links to other sites not controlled or affiliated with GAL. Accordingly, you understand and agree that GAL shall have no liability for the content or operation of such sites, and you are solely responsible for your actions and consequence of your visiting such sites.

6. DMCA AND POSTINGS

   • 6.1 DMCA.
     • Notices. If you are a copyright owner or an agent thereof and believe that any content on the Web Site (“Postings”) infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (”DMCA”) by providing GAL’s Copyright Agent (identified below) with the following information in writing:
       • A physical or electronic signature of a person authorized to act on behalf of the owner of the work that is allegedly infringed;
       • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
       • 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 GAL to locate the material;
       • Information reasonably sufficient to permit GAL to contact you, such as an address, telephone number or email address;
       • 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
       • 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.
     • Copyright Agent. GAL’s designated Copyright Agent to receive notifications of claimed infringement is: Mr. Tony Ash email: copyright@earth911.com, fax: (480) 889-2650. Only claimed infringement notifications may be sent to the Copyright Agent.
     • Counter Notices. If you believe that your Posting that was removed or disabled is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Posting, you may send a counter-notice containing the following information to the Copyright Agent:
       • Your physical or electronic signature;
       • Identification of the Posting that has been removed or to which access has been disabled and the location at which the Posting appeared before it was removed or disabled;
       • A statement that you have a good faith belief that the Posting was removed or disabled as a result of mistake or a misidentification of the Posting; and
       • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Phoenix, Arizona, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
7. GENERAL.

   This Agreement shall be governed by the laws of the State of Arizona without regard to conflicts of laws principles. The State and Federal courts located in Maricopa County, Arizona, shall have sole jurisdiction over any dispute arising hereunder, and the parties hereby consent to the personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Neither this Agreement, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without the prior, written permission of GAL. Any purported assignment without such permission shall be void. GAL may assign this Agreement, including any rights hereunder, by operation of law or otherwise, in whole or in part, without notice. Any waiver of any rights of GAL under this Agreement must be in writing, signed by GAL, and any such waiver shall not operate as a waiver of any future breach of this Agreement. GAL may terminate this Agreement upon notice for any reason or for no reason. This Agreement is the entire agreement between the parties with respect to this subject matter, and supersedes any and all prior or contemporaneous, conflicting or additional communications, negotiations or agreements with respect thereto.

Please direct any questions or comments about the Web Site to:

GLOBAL ALERTS, LLC
dba Earth911.com
Attention: Client Relations
1375 N. Scottsdale Rd. Suite 360
Scottsdale, AZ 85254
Email: clientrelations@earth911.com