Terms and Conditions

 

Rally Earth, LLC is the legal entity for artist, Craig Tilley and the Grapevine Wall (www.grapevinewall.com)

The following Terms and Conditions constitutes the entire agreement between Rally Earth (“we” or “us”) and the User (“you).

By continuing to use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Rally Earth’s relationship with you in relation to this website. By accepting these terms, you confirm that you are 18 years of age or older, are capable of entering into a binding agreement, and that you will accurately complete any subscriber information submitted to us. Also, by continuing to use the service after we post changes, you accept this agreement, as modified.

We reserve the right to deny access to this website, or any service provided via this website, to anyone who violates these Terms and Conditions or who, in our judgment, infringes the rights of others or interferes with the ability of others to enjoy this website.

Sponsors and service professionals:

  1. Rally Earth takes steps to certify the sponsors and service professionals listed on the Website (the “Professional Members”), however Rally Earth makes no guarantees or representations regarding the skills of the Professional Members or the quality of the job that they may perform if you elect to use their services. Moreover, Rally Earth does not endorse or recommend the services of any particular Professional. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a Professional, and Rally Earth does not guarantee or warrant their performance on the job or quality of the services performed. The Professional Members are not employees or agents of Rally Earth, nor is Rally Earth an agent of the Professional Members. Rally Earth does not perform, and is not responsible for, any of the services performed by the Professional Members. Any contract or relationship you may enter into with a Professional is governed by the terms of such contract or by any applicable federal, state or local laws. Should you have a dispute with any Professional, you must address such dispute directly with the Professional.
  2. YOU HEREBY AGREE TO RELEASE FIND-A-PRO (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH THE PROFESSIONAL MEMBERS.
  3. Any information related to a Professional confirmed by Rally Earth at the time the information is received may change or expire over time. While Rally Earth attempts to maintain accurate and up-to-date information, and confirms changes when notified, Rally Earth verifies information solely at the time the Professional applies for Rally Earth Certification, and therefore, Rally Earth cannot guarantee that information will remain accurate. Therefore, Rally Earth recommends that before working with a Professional you verify that information on the Website related to a Professional is still current and acceptable to you. As circumstances can change daily, Rally Earth advises consumers to check these matters for themselves especially at future dates. Rally Earth does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that Rally Earth checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
  4. RALLY EARTH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE CERTIFICATION PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE CERTIFICATION PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THE CERTIFICATION PROCESS IS ACCURATE, TIMELY OR ERROR FREE.
  5. Rally Earth reserves the right to accept, decline or cancel memberships in accordance with these Terms and Conditions. By accepting these Terms and Conditions, all Members give Rally Earth the authority to include information about them as an entry in its membership database, and agree to fulfill their obligations herein. Rally Earth will be bound by these Terms and Conditions only if such entries are included in its database. The Member and Rally Earth are independent parties.

User Information:

The User agrees to provide complete, accurate, current and honest information as requested. Users’ entries will consist only of the information provided to Rally Earth by the User listed on the Membership Form or in any other manner.

User Responses:

After the User has been entered into the membership database, Rally Earth will send an email of notification. Users agree not to dispense lead responses to any other party(s), without express written consent from Rally Earth.

INTELLECTUAL PROPERTY RIGHTS

Co-created Art

Creating a line or lines on the canvas to become a co-creator of the artwork does not give you copyright nor any other form of ownership of the artwork or print. By participating in the co-creator sessions, you are agreeing to these terms.

Our Limited License to You:

This website is freely accessible; however we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on the service. The materials available through this website are the property of Rally Earth and our affiliates or licensors, and are protected by copyright, trademark and other property laws. You are free to display and print for your personal and non-commercial use, information you receive through Rally Earth.

You may not reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on this website in any form (including by email or other electronic means) without prior written permission from the owner. You are, however, free to encourage others to access the information themselves on our website and to tell them how to find it.

Your License to Us:

By submitting material to Rally Earth, you are representing that you are the owner of the material, and are making your submission with the express consent of the owner. By submitting material to any public posting areas of this website, such as any rants or raves, you agree that we (including our partners, agents, affiliates and service providers (collectively, “Third Party Providers”), may reproduce, modify, and distribute such material as we see fit in any medium and for any purpose.

You also agree that Rally Earth, including our Third Party Providers, may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or any violation of our terms.

Links:

Rally Earth welcomes links to our service. You are free to establish a hypertext link to this site so long as the link does not state or imply any sponsorship of your site by us.

No Framing:

You may not frame, or in-line link, any of the content of this website, or incorporate into another website or other service any of our intellectual property without our written consent.

Trademarks:

To avoid confusion as to which materials and services are provided by Rally Earth and which aren’t. You may not use any trademark or service mark appearing on this website without the prior written consent of the owner of the mark.

Third Party Software:

As a convenience to our members, Rally Earth uses third-party software for security purposes. Use of the third-party software, implies its own terms and conditions.

By using any third party software, you acknowledge and agree that Rally Earth does not guarantee that any software downloaded through this service will be free of viruses, worms, or Trojan horses or other forms of augmented or corrupt code. Rally Earth makes no warranties concerning the performance, effectiveness or other aspects of third-party software. In no event shall Rally Earth (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.

Privacy Policy:

We value and respect all Users privacy. Please see our Privacy Policy

Copyright Policy:

Information is distributed in the Rally Earth community, and when Users enter the site they become a part of it. In order for all visitors to view listings Rally Earth needs the rights to make use of all content on services (in accordance with and subject to these Terms). Accordingly, as a condition to your Membership, you hereby grant Rally Earth a perpetual and totally nonexclusive right to copy, display, modify, transmit, and make derivative works of any content provided by you, but solely for the cause of creating a service. You remain the owner of all content that you submit to the Service, and as a condition to Membership, you represent and warrant to Rally Earth that you are the owner of the copyright to Content you submit.

All the information, Content, image files, materials, etc. offered by our site are protected by U.S. and international copyright laws, and by other applicable laws. Rally Earth does not provide you with permission to copy display or distribute material for which you do not own the copyright, and unless given permission user content is also protected. You may not copy or distribute any material without the written consent of the copyright owner. Users are solely responsible for any copyright violations that may incur as a result of activities on the Service. Rally Earth has the absolute right to terminate your membership or exclude you from the site if you use violate any third party rights.

Notice of Copyright Infringement:

Please notify us by sending a notice by U.S. Mail to Rally Earth C/O Copyright Infringement, P.O. Box 2556, Suwanee, GA 30024 if you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via our website,. You should only send a written notice if you believe that your work has been used or copied in a manner that infringes your intellectual property rights and such infringement has occurred on this website.

DISCLAIMERS

We work hard to make this website a valuable place. Rally Earth cannot guarantee,that our users will always find everything to their liking; nor could we provide a free service if we were exposed to substantial liability. Please read these Disclaimers carefully before using this website.

Use at Your Own Risk:

The material on this website is for informational purposes only. We try to ensure that information we post to this site is both timely and accurate, and that our services offered are reliable. Despite our efforts, errors may occur. Before you act on any information you’ve found on our site, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.

Materials Submitted by Other Users:

Many of the business listings and other materials available on this site are posted by third-party advertisers. Rally Earth cannot and does not review every business listing or posting made in other areas available for public postings. Nor do we take steps to confirm the accuracy of any listings or postings submitted by advertisers or other third parties. You may well read any given listing or posting before anyone at Rally Earth does. Therefore, we do not endorse or guarantee the accuracy of any listing or posting.

No Endorsements:

Rally Earth is not responsible for, and cannot guarantee the quality, safety or performance of, goods and services provided by our advertisers or by others who advertise on sites we are linked to. A business listing on our site does not constitute our endorsement of the business featured in the listing or of any product, or service offered through such business. Also, a link to another website does not constitute our endorsement of that site or of any product, service or other material advertised on or offered through such site.

Limited Warranty:

Be Advised: ANY SERVICE AVAILABLE THROUGH THE SITE IS PROVIDED ON AN “AS IS” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

Disclaimer: Rally Earth DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Rally Earth MAKES NO WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE SITE OR SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) THE SERVICE, SITE OR CONTENT PROVIDED WILL MEET YOUR REQUIREMENTS. Rally Earth MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH Rally Earth SITE OR THAT ARE ADVERTISED ON OUR SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USERS OWN RISK. USERS WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY DOWNLOADED MATERIAL.

Limitations of Liability:

Rally Earth will not be liable for any damages provided by our online services or computer related problems. Rally Earth will never be responsible for loss of revenue, advertising, business etc.

All the Terms and Conditions shall be governed by the State of Georgia. These Terms and Conditions and the Sponsor Agreement supersede any other verbal or written agreements regarding this Agreement. Should there ever be a change in ownership this agreement will still stand.

All above provisions shall survive this Agreement.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO THE FULLEST EXTENT PERMITTED UNDER LAW THAT Rally Earth WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE Rally Earth PROVIDES EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES; (iii) THIRD PARTY CONTENT AVAILABLE TROUGH Rally EarthS SERVICE (iv) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY PROVIDES YOU WITH SOME LEGAL RIGHTES; HOWEVER SOME RIGHTS VARY DEPENDING ON THE GOVERNING STATE.

Viruses:

Because of the volume of e-mail traffic through Rally Earth, we cannot and do not always monitor all email messages and attachments. You acknowledge and agree that such email messages may contain viruses, worms or other harmful components. You also acknowledge and agree that you are solely responsible for screening the email messages and attachments for viruses, worms, and other harmful data.

Warranty:

The User warrants that all information provided to Rally Earth is truthful and not misleading, or fraudulent. The User is authorized to provide the services set forth in the Membership Form; the User has the right to use each copyright, trademark, trade name, service mark or any other property in the way it is used under this Agreement. Rally Earth makes no expressed or implied warranties or endorsements with regards to any information we provide through any medium.

Indemnification:

Rally Earth will not be involved in any daily business operations with Users. The User agrees to pay any damages or expenses incurred by Rally Earth, including all attorneys’ fees, resulting from claims brought by the parties as a result of a breach of these Terms contractual terms.

Rally Earth is never responsible for disagreements between Users. Rally Earth only provides the channel for communication. Rally Earth has no control over the ability of users to purchase services or qualify for any form of credit of financing. Rally Earth does not control over the Users transactions outside of the organization. Rally Earth does not guarantee that business Users are who they claim to be. All users of Rally Earth have thorough abilities to communicate before any business arrangements are made. Rally Earth and its agents are free from any claims and/or damages in any way connected with User disputes.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Rally Earth, (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THE SERVICE) FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES USING YOUR ACCOUNT.

Modification of Terms:

You agree that Rally Earth reserves the right to amend any of the set Terms at any time, for any reason, and without notice. The amendable terms also include the right to terminate the service or any part of the service. Any amendments or modifications made by Rally Earth shall be prospective only.

Entire Agreement:

These Terms constitute the entire agreement between you and Rally Earth and govern your use of the Service, superseding any prior agreements between you and Rally Earth. In any case where inconsistencies are apparent between these Terms and other forms of media giving information about Rally Earth (e.g., promotional materials and mailers), these Terms will always supersede others. You may also be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content or third-party software.

If Rally Earth cannot govern any violation of terms it is in no way a pardon. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause arising out of or related to use of Rally Earth’s services or the Terms must be filed within one (1) year after such claim or cause of action arose, otherwise it will forever be barred.

Reporting Violations:

You can report abuse of these Terms to support@rallyearth.com

Contact Us

Call: 770.355.7779

Email: hi@grapevinewall.com