Terms and Conditions

LEGAL MATTERS ET3 GLOBAL ALLIANCE INC. (of Colorado) and subsidiary et3.com Inc. (of Florida) (“ET3” HEREIN)

This statement contains the following legal documents:

ET3 Terms and Conditions of Website Use (for Websites Owned or Controlled by ET3)

ET3 Privacy Policy

ET3 Trademarks, Copyrights, and Intellectual Property (IP) Policy

ET3 Individual License Agreement

ET3 Institutional License Agreement

 

ET3 TERMS AND CONDITIONS OF WEBSITE USE

THE TERMS AND CONDITIONS SET FORTH BELOW ("TERMS") GOVERN YOUR USE OF WEBSITES OWNED OR CONTROLLED BY ET3 (SITE) (E.G. ET3.NET, ET3.COM, ET3.ORG) AND THE SERVICES AVAILABLE ON THIS SITE ("SERVICES") AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YOU AGREE THAT ET3 MAY MAKE CHANGES TO THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. WE WILL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE AND/OR THE SERVICES SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES IN THE TERMS. IN ADDITION, ET3 MAY MAKE CHANGES TO THE SERVICES AT ANY TIME.

THESE TERMS OF USE DO NOT LIMIT, ALTER, OR MODIFY ANY RIGHTS THAT YOU MAY HAVE IF YOU ARE A LICENSEE OR SHAREHOLDER OF ET3.

In addition to providing a quick and convenient way to purchase the ET3 License (the "License"), ET3 convention admission and providing you with information, education and communication regarding ETT technology, and ET3, we reserve the right to modify, add or remove all services and features of ET3 websites, and the blogs and forums.

Please read these Terms and Conditions of Use ("Terms") carefully. These Terms include our policy for acceptable use of ET3 websites, their content and content posted on the various Groups, Blogs and Forums, your rights, obligations and restrictions regarding your use of this Site and our Privacy Policy, license agreement, shareholder agreement, and vendor and service provider contracts.

General Purchase Terms and Conditions

Welcome to the ET3 website for exclusive benefit of licensed members of the ET3 consortium. The company ET3, and various independent ET3 Licensees, sell IP products, downloads of data, goods and services to you, subject to the purchase terms and conditions set out below. By using ET3 websites, you are agreeing to be bound by these terms and conditions which together with our privacy policy govern ET3's relationship with you in relation to this website.

The term 'ET3', 'et3', 'et3.com Inc.', 'et3.com'. 'et3.net', or 'us' or 'we' refers to ET3 Global Alliance Inc. formed in the state of Colorado,  the owners of the website whose subsidiary license marketing company is et3.com Inc. is formed in and registered with the State of Florida USA. The term 'you' refers to the user or viewer of our website.

Prices

All prices are in United States of American Dollars (USD). As we're a US company, this makes our taxes a whole lot easier. If you wish to convert Dollars into your local currency the following website will give you an indication of equivalent price: xe currency convertor

Products

We sell an Intellectual Property (IP) license relating to Evacuated Tube Transport (ETT), as portrayed on ET3 websites. ETT is a patented transportation technology owned by et3.com Inc.. Purchase of the ET3 License is non-refundable, and involves contractual agreements with benefits and responsibilities for both ET3 and the licensee, so be sure you fully understand the benefits and responsibilities of the license agreement before entering into the agreement bound by the purchase fee and use royalties.

We also provide marketing, educational, and conference services relating to ETT and ETT implementation, some included in the license fees and royalties, and some available at additional cost. Before purchase be sure that you meet the minimum requirements, as any license application may be rejected if any of the key legal requirements are not met.

Delivery Time

While some services and benefits available to the licensee can be delivered quickly; other services provided by ET3 which are planned but not yet available can take longer to be ready for dispatch, and/or may never be made fully available. Other items and services are provided by independent licensees on a third party basis facilitated on this site, and ET3 cannot guarantee availability of such services or products. We will strive to keep you informed of the progress of future services associated with your license. When money is paid by credit or debit card for the one-time license processing fee of $100 (we use Google Checkout), this is standard, and license approval (or rejection) will be communicated explicitly with the customer upon purchase.

Sending The Order

Find the item you want to buy, Execute any required agreement(s) and pay for the Item using the purchase button provided by Google Checkout. You will receive an order confirmation once your order has been accepted; this email will tell you that you're due to receive a second email when we dispatch your order. There is a different process for download orders, please see the separate section on "Download Sales".

Secure Web Order & Credit Card through Google Checkout

We use Google Checkout to process our transactions. They're reliable and also provide other services for the benefit of licensees.

Cancellations and Returns

Purchases cannot be canceled or returned. The license fee is strictly to meet company expenses associated with the establishment and maintenance of the licensee accounts. Please see separate section on "Download Sales".

Guarantees

We guarantee that ET3 is the owner of the patented ETT technology, and we will continue to promote and expand licensee services as we are able to according to our best efforts. Additional benefits of the use of IP associated associated with other licensees cannot be guaranteed.

Download Sales

Our Contract

When you place an order to purchase an item from us, we will send you an email confirming receipt of your order and containing the details of your order and how to collect item(s). Your order represents an offer to us to purchase an item, which is accepted by us when we send email confirmation that we've made that product available to you. That acceptance will be complete at the time we send the Order Confirmation Email to you.

You will then be able to access links in your download area, that will allow you to download your purchased files. You can download as many copies as you like. However, any material downloaded will be licensed to you and not for resale or distribution.

Broken Links or Download Error

If you experience a problem when downloading material or encounter a broken link then please inform us immediately via methods indicated on the website or by sending an email to the contact address given, giving details of item, date/time and any relevant order number you may have.

We shall make every effort to ensure that downloads which you have purchased are available for collection immediately or at any time within 48 hours of the date of purchase. However it is possible that at times of very heavy demand or in case of exceptional technical problems you may be requested to collect your file(s) at another time.

After Sale

After an item has been purchased and downloaded onto your Data Storage Device (e.g. computer, or any medium on which data can be stored, whether existing now or in the future), you are permitted to have such copies be made available for your own private and domestic use only.

Governing Law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of Citrus county, Florida, United States of America. You agree, as we do, to submit to the non-exclusive jurisdiction of the Florida courts.

Contact Us

If at any stage in the ordering process you encounter a problem please contact us:

email: et3@et3.com
postal address: 5425 County Road 32  Unit 28, Longmont Colorado 80504
phone number: (720) ET3-RIDE [383-7433]

General ET3 Website Use Restrictions

All information, documents and Services provided on this Site, including trademarks, logos, graphics and images (collectively, the "Materials") are provided to you by ET3 (except as expressly stated herein), you acknowledge that you have no right, title or interest in or to the Materials on any legal basis.

ET3 grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that: (1) both the ET3 trademark and/or copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) such display, copy or download is solely for your personal and/or internal business purposes. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited display right terminates automatically, without notice to you, if you breach any of these Terms. ET3 may remove your postings from this Site and/or the Services with or without cause. Upon any termination of this limited display right, you agree to immediately destroy any electronic or printed Materials and cease using the Site and/or the Services.

You agree not to circumvent or attempt to circumvent the security and access control provisions of the Site and the Services. Prohibited conduct includes any efforts to (a) log in to any password protected account not assigned to you, (b) access personally identifiable information not expressly authorized for you, (c) impersonate any other user of the Site and/or the Services, or forge any ID information in any posting or security protocols, (d) test the security measures on the Site and/or attempt to identify system vulnerabilities, (e) modify, reverse engineer, disassemble, decompile or otherwise attempt to discover the underlying computer code for the Site and/or the Services, or (f) overwhelm or disable the Site or the Services or interfere with the access and use of the Site and/or the Services by any other user. If ET3 becomes aware of any of prohibited activities, ET3 may investigate and when appropriate work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders. Your use of the Site and the Services is expressly conditional on your compliance with the preceding and following prohibitions and with the obligations and restrictions. Without limiting any other provisions of these Terms, you acknowledge that ET3 expressly prohibits and you agree not to:

  • Use ET3 websites or their contents for any commercial purpose that does not relate to ETT and ETT implementations, and/or ET3 business activities.

  • Access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.

  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure, or the infrastructure of our hosts or providers.

  • "frame," "mirror" or otherwise incorporate any part of an ET3 website into any other website without ET3's prior written permission.

  • post any false, inaccurate or misleading content, or vandalize the site or content of others;

  • use the Services and/or the Site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property (“IP” herein) right of others, or violate the privacy or publicity rights of any other person;

  • post any Third Party Content that is abusive, defamatory, discriminatory, hateful, obscene, vulgar, sexually-orientated, threatening, that may harm minors, or is otherwise objectionable;

  • harass, stalk, or otherwise subject any other user of the Site and/or Services to unwanted and/or inappropriate contact;

  • send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes and/or advertise any products or services either by directly posting on the Site or within the Services or by making unsolicited contact with any user via email, telephone, postal mail, or any other method of communication;

  • make any changes, additions and/or deletions to any of the Third Party Content posted by any user without the express written authorization of such other user;

  • take any action that imposes an unreasonable or disproportionately large burden on the Site's infrastructure;

  • include any misleading, irrelevant and/or hidden keywords in any Third Party Content posted by you;

  • Posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, junk mail or spam, or reverse engineering or hacking any materials on this Site.

  • intentionally expose the Site and/or Service to any computer virus or any other program or code intended to disrupt or disable to operations of the Site and/or Service;

  • use any robot, spider or other program or device to retrieve or index any portion of the Site; or

  • harvest or otherwise collect information about other users for any purpose other than use of the Site and/or Services as expressly permitted herein.

  • Post, transmit, provide, broker, or otherwise make available any materials or information infringing on the IP rights of a third party

 

In addition to the foregoing, if you are a user, that makes Third Party Services or content available to users via the Site, you acknowledge that ET3 expressly prohibits and you agree not to:

  1. post Third Party Services or Third Party Content in inappropriate categories or areas on the Site;

  2. post or otherwise make available to users via the Site any: (i) Third Party Services or Third Party Content that does not materially benefit users of ET3 products or services; or (ii) Third Party Services or Third Party Content that is competitive with, or which otherwise benefits competitors of, ET3 products and services;

  3. use the Site if you are not able to form legally-binding contracts, are under the age of 18, or are temporarily or permanently suspended from use of the ET3 website;

  4. fail to deliver Third Party Services or Third Party Content purchased or otherwise acquired from you, unless the acquirer fails to meet the posted terms;

  5. circumvent or manipulate the billing process established by ET3 websites to facilitate processing of orders on your behalf; or

  6. transfer or otherwise allow others to use your user account and user ID without ET3's prior written consent.

The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. ET3 reserves the right to terminate our relationship with you under these terms and prohibit your access to the Site and/or Services, to remove any Third Party License or remove, edit or close any Third Party Content or thread on any message board or chat room for any reason, including, without limitation, any action that ET3, in its sole judgment, determines to be inappropriate or disruptive to the Site, Services or to any user.

The foregoing prohibitions do not impose on ET3, and ET3 does not assume, any obligation to monitor or remove any Third Party Content or other communication posted by you or any other user. You hereby acknowledge and agree that you may be exposed to Third Party Content that may be offensive or objectionable to you. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL THIRD PARTY CONTENT SUBMITTED BY YOU OR ANY OTHER USER EXPRESS THE VIEWS OF THE AUTHOR, AND ET3 WILL NOT BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT IN SUCH THIRD PARTY CONTENT. Your access to the Site and Services is undertaken at your own risk and ET3 is not responsible for any offensive or otherwise objectionable materials that may be posted by any third party. ET3 will cooperate with any law enforcement authorities or court order requesting or directing ET3 to disclose the identity of anyone using an ET3 website in any illegal way.

Account Registration and Password Protection

Prior to gaining access to certain Services on the Site, ET3 may require you to set up a user name and password ("Password(s)") as set forth in the account registration procedures posted on the Site.

Responsibility and accountability are hallmarks of those who we want to attract to the ET3 consortium, accordingly users will not be allowed to make statements that they cannot be held accountable for. It is strongly suggested to use your real First and Last names, with only the first letter of each name capitalized, and the names separated by a single space. Any user registering with a obviously fake name may not be allowed to view or use the website, and may be removed or banned without further reason or notice. In rare cases, a user may register using a false name IF it is first cleared by an admin. by sending your full contact information and full name, and the reason for desired anonymity to et3@et3.com If you believe that your real name may be considered to be fake, send verifiable contact information, or references of existing users or licensees who can verify who you are.

You agree to comply with the procedures specified by ET3 from time to time regarding obtaining and updating Passwords for the Site and Services. You agree to assume sole responsibility for the security of Passwords selected by or issued to you. Passwords are subject to cancellation or suspension by ET3 at any time, including upon the misuse of the account or breach of these Terms. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your Password, and you shall inform ET3 immediately in writing of any actual or potential unauthorized access to a Password or to the Site and/or Services.

Transactions with Third Parties

ET3 may operate on-line marketplaces on certain of its Sites that allow Third Parties to make ETT related Goods or Services available to users via the Site. The Third Party Goods are Services available on these Sites is, in each case, the copyrighted work of the respective Third Party, and may be subject to license agreements, terms of use and/or privacy policies of such Third Party. In addition to the foregoing, you acknowledge and agree that ET3 is not a party to, nor is ET3 otherwise involved in, the actual transaction between the Third Party and users in the acquisition of Third Party Goods or Services. ET3 does not control the transaction and does not guarantee the quality, accuracy, legality or safety of Third Party Goods or Services, nor does ET3 guarantee the ability of Third Parties to provide Third Party Goods or Services or the ability of acquirers to pay for them. All transactions shall be governed by terms of sale executed by and between the Third Party and the acquirer. ET3 DISCLAIMS ALL WARRANTIES WITH REGARD TO THIRD PARTY License, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Third Party Content and Postings By Users To Public Areas

"Third Party Content" means, collectively: (i) content and information licensed by ET3 from third parties for display on the ET3 websites, and (ii) content, information and material posted to the Site by third party users of the Site. Third Party Content available on these Sites is, in each case, the copyrighted work of the respective third party or third party user of the Site. You acknowledge that you are responsible for the Third Party Content you post to the Site and that you, and not ET3, will have full responsibility for the Third Party Content you post, including its legality, reliability, appropriateness, originality and copyright. By posting any Third Party Content to the Site that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. No compensation will be paid with respect to the use of your Images.

Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Third Party Content provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. Subject to our compliance with our Privacy Policy, you agree that ET3 shall be free to use or disseminate your Third Party Content posted to the Site on an unrestricted basis for any purpose. If you post such Third Party Content to the Site, you grant ET3 a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Third Party Content and to sublicense those rights through multiple tiers of sublicensees. No Third Party Content you submit shall be deemed confidential. However, ET3 agrees to use your Third Party Content in accordance with ET3's Privacy Policy applicable to personally identifiable information. Some Third Party Content may be licensed by ET3 for use on the Site. Such Third Party Content shall be subject to the license set forth above unless such Third Party Content indicates that it is subject to other terms, in which case such other terms shall apply. Notwithstanding anything herein to the contrary, you hereby assign to ET3 all right, title and interest worldwide in all intellectual property rights in and to any new feature that you may suggest or submit to ET3 websites relating to the ET3 License and you acknowledge and agree that ET3 may use such suggestion or submission in any manner, including, without limitation, to develop features for the Site. ET3 DISCLAIMS ALL WARRANTIES WITH REGARD TO THIRD PARTY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Links To Third Party Sites

This Site may provide links to other Web sites or resources over which ET3 does not have control ("External Web Sites"). Such links do not constitute an endorsement by ET3 of those External Web Sites. You acknowledge that ET3 is providing these links to you only as a convenience, and further agree that ET3 is not responsible for the content of such External Web Sites. Your use of External Web Sites is subject to the terms of use and privacy policies located on such External Web Sites.

Users of ET3 owned or controlled websites may provide links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites and resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such website or resource.

 

Posting Guidelines for ET3 Websites

 

The following terms apply everywhere on our site, unless explicitly mentioned otherwise in a forum, blog, or group specific rule.

1. All members must be treated in a respectful and adult manner. All members should respect and adhere to the promotion of harmony within the community.

 2. No Offensive Material Please do not post messages that are obscene, vulgar, sexually-orientated, hateful, threatening, racist, sexist, discriminatory, religious (or anti-religious), or otherwise, objectionable language, and/or otherwise violate of any local or international laws. This includes links in your signature, profile, posted images, photos and avatars. This site is not for children, however keep content suitable for all ages, including under 13s with parental guidance/permission.

3. No spreading of any copyrighted material (ET3's or other) is to take place on this site without the expressed permission of the copyright holder, which must be attached to the material.

 4. No "Flaming","Trolling", "Spamming", or "Bumping" (threads/posts).

5. Before posting a thread, search the subject and if you cannot find the subject, create your own thread.

6. Administrators have discretion over what is and is not acceptable on the site.

 7. Public discussions of administrator decisions are not permitted on the site. If you have any concerns or queries relating to a decision, please take it up in private with a member of the site administration team.

 

This site is a market place for things that relate to ETT implementation; including: IP, services, production capacities, materials, and manufactured goods.

  1. Discussion of commercial activities relating to ETT are permitted on appropriate forums at et3.net as long as they are discussed with no promotion. Any grossly non-ETT promotional threads will be closed and/or deleted on sight.

  2. Refrain from posting messages on public and licensee areas of this site that promote or advertise any website, forums, email address, business, MLM, activity, or other entities that do not have legitimate (and approved) ETT related offerings (ie. no non-ETT related promotions allowed).

  3. Refrain from promotional language about your goods and services outside of your profile area, Links to your site are fine unless your site violates and terms of service for ET3. A site name with a link to the main index page or product page is all that is needed. Posts with many links could be considered as SPAM.

  4. Promotion of commercial, governmental, or institutional activities contrary to the vision and mission of et3 are not allowed.

  5. Discussion of the vision and mission of ET3 is permitted to be posted in appropriate areas here as long as:

    1. It is a working proposal for improvement,

    2. Cites rational reasons for the porpoised modification,

    3. Has a poll for licensee voting on any proposed changes

  6. Promotion of standards contrary to the published ETT standards are not allowed, except:

    1. Posted in the discussion area for the standard to be improved,

    2. Cites rational reasons for the standard improvement,

    3. Has a poll for licensee voting on any proposed changes

    4. Are limited in scope for special and specific needs outside of the ETT network

  7. Ensure that all goods and services promoted on this site are by licensees, if a product or service is usefull for ETT implimentation, sub-license the producer or providor of the goods or services.

Forum Specific Terms

Specific forum terms apply to some forums. Please read the announcements and sticky threads in these forums for further details.


 

ET3 Website Security

Unauthorized access to registered or restricted areas of ET3 websites such as et3.net by non-registered users is strictly prohibited. If you have a user password allowing access to a non-public area of an ET3 website, or the host server of an ET3 website, you may not disclose or share your password with any third party(ies) or use your password for any unauthorized purpose.

ET3's security policy is to respond on a best efforts basis to any reports or allegations of security vulnerabilities or incidents by researching, analyzing, announcing and repairing any such security vulnerabilities.

All security reports should be treated as the highest priority to attain resolution and limit any risk that ET3 website users could potentially experience.

Guidance for ET3 website users:

  1. Always guard your passwords, and ensure they are to made available to others.

  2. Use secure passwords with hard to guess mix of characters and numbers.

  3. Read the ET3 Forums for the latest guidance and news on how to protect your data.

  4. Stay informed about security alerts from the webmaster and admin.

  5. Change your passwords if you suspect they could have been compromised.

  6. Realize that virtually any site can be hacked by a determined attack, and limit any sensitive data accordingly.

ET3 encourages, system users, administrators, or developers to report any vulnerability directly to et3@et3.com .

Indemnity

You agree to indemnify and hold ET3, and our licensees, affiliates, directors, officers, agents, vendors or other partners and employees harmless from and against any and all liabilities, claims or demands, costs and expenses,including attorneys’ fees, that arise out of any material or information posted, provided, transmitted or otherwise made available by you on this Site or through ET3's services, or by your violation of these Terms, or by your violation of the rights of another, or any transaction related to the acquisition of Third Party Services or Third Party Content.
 

Disclaimer of Warranty

You understand and agree that user accessible areas of ET3 websites are provided "AS-IS" and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to ET3 websites. Nor do we assume any liability for the failure to store or maintain any user communications or personal settings. You acknowledge and agree that this Site and/or the Services may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by ET3, and agree that ET3 does not warrant the accuracy or timeliness of the Materials and further agree that ET3 has no liability for any errors or omissions in the Materials, whether provided by ET3 or its licensors or licensees.

ET3, FOR ITSELF AND EACH OF ITS LICENSORS AND LICENSEES, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE MATERIALS, ANY THIRD PARTY SERVICES AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND/OR THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. ET3 PROVIDES THE SERVICES "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND.

Limitation of Liability

NEITHER ET3 NOR ANY OF ITS AGENTS, AFFILIATES, OR PROVIDERS OF THIRD PARTY SERVICES OR THIRD PARTY CONTENT SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE SITE AND/OR THE SERVICES, ANY TRANSACTIONS RELATED TO THE ACQUISITION OF THIRD PARTY SERVICES OR THIRD PARTY CONTENT, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF ET3 WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ET3 OR THROUGH OR FROM ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

IN NO EVENT SHALL ET3 BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF ET3 WEBSITES OR ITS SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Release

IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OR LICENSEES, YOU HEREBY RELEASE ET3 (AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, OTHER LICENSEES, AND EMPLOYEES) FROM CLAIMS, DEMANDS, LIABILITIES, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE §1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

General

Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law (if any) apply unless they are required to apply by statute, notwithstanding their exclusion by contract.

If there is any dispute about or involving ET3 or its services, you agree that the dispute will be governed by the laws of the State of Florida, USA, without regard to conflict of law provisions. You agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the County of Citrus Florida. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the federal district and state courts of Florida with respect to such matters.

The section titles and other headings in these Terms are for convenience only and have no legal or contractual effect. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.


 

ET3 controls and operates this Site from its headquarters in the United States and makes no representation that the Services or the Materials are appropriate or will be available for use in locations other than the United States. If you use this Site or the Services from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials, or Third Party Content.

You may not assign, voluntarily, by operation of law, or otherwise, any rights or delegate any duties under these Terms without ET3's prior written consent, and any attempt to do so without that consent will be void. These Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

These terms will be governed by Florida law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from application to these Terms. You shall bring all disputes, actions, claims, or causes of action related to these terms or in connection with this Site only in the federal and state courts located in Citrus county, Florida.

If any provision of these terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of ET3 to enforce any right or provision in these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ET3 in writing.

No joint venture, partnership, employment or agency relationship exists between you and ET3 as a user of this website, unless executed by separate written agreement such as the ET3 license or share agreement, or service contract. These terms comprise the entire agreement between you and ET3 and supersede all prior or contemporaneous negotiations, discussions or agreements about website use, if any, between the parties regarding the subject matter contained herein. Except for ET3's rights to modify these Terms as described above, these terms may be amended or supplemented only by a writing that is signed by duly authorized representatives of both parties.

et3.net, owned by ET3 Global Alliance Inc., and operated by et3.com Inc.

Revised: 30 October 2012

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ET3 PRIVACY POLICY

 

What information do we collect?

We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form.

When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number, credit card information, social security number or EIN. You may, however, visit our site anonymously.

Google, as a third party vendor, uses cookies to serve ads on your site. Google's use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy..

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

• To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.


• To administer a contest, promotion, survey or other site feature


• To send periodic emails
The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.

Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.



How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to?keep the information confidential.

After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.

Do we use cookies?

Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information

We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders over the telephone.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third party links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

California Online Privacy Protection Act Compliance

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into their control panel and going to the "MY ET3" tab, then to any applicable link on the drop down menu.

Childrens Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Terms and Conditions

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at http://et3.net/legal

Your Consent

By using our site, you consent to our online privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page, send an email notifying you of any changes, and/or update the Privacy Policy modification date below.

This policy was last modified on 24August2010

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

http://et3.net/legal
5425 County Road 32 Unit28, Longmont CO 80504
USA
et3@et3.com  (720)ET3-RIDE [383-7433]

Privacy Policy Created by Free Privacy Policy

 

 

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TRADEMARKS, COPYRIGHTS, AND INTELLECTUAL PROPERTY (IP)

The trademarks, service marks, brands, names, logos and designs ("Trademarks") of ET3 or others used on this Site and in the Services are the property of ET3 or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site or in the Services without the express prior written permission of ET3 or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. Trademarks of ET3 include: Evacuated Tube Transport, ETT, ET3, Space Travel on Earth, .comet3, comet3., e-tubes and the logos thereof.

All of the Materials appearing on this Site and in the Services, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of ET3 Global Alliance Inc. Copyright © 1999-2012, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

You represent and warrant that you own the content Posted by you on this site, or otherwise have the right to grant the license set forth below in the subsequent paragraph, and the Posting of your content does not violate the privacy rights, IP rights, or any other rights of any third party.

By displaying or posting content on the public areas of the site, you hereby grant us a nonexclusive, royalty free, perpetual, global license to publish the content submitted by you to ET3 websites. You also grant us global nonexclusive adaptation and resale rights over any content and material submitted to public areas of ET3 websites. These nonexclusive publishing license and resale/adaptation rights extend to any materials submitted "for public publication" within ET3 websites, including both message board postings and content submitted for uploading and subsequent publishing within non-message board portions of ET3 websites. By displaying or posting content to private areas of this site, you hereby grant us a nonexclusive, royalty free, perpetual, global license to continue publishing the content submitted by you to ET3 websites on such private areas. Neither ET3, nor our officers, staff or agents will be responsible for any misleading, false or otherwise injurious information and advice communicated on ET3 websites or for any results obtained from the use of such information or advice. We will not be liable for any loss or damage suffered by a user through the user’s reliance on information and advice gained through user-generated content posted on ET3 websites.

Infringement Policy

Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Copyright Act"), we reserve the right, but not the obligation, to terminate your license to use this Site if we determine that you are involved in infringing activity, including allege acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), we have implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Copyright Act. All claims of infringement must be submitted in a written complaint that complies with the requirements below and delivered to our designated agent to receive notification of claimed infringement by mail:

Legal Department
5425 County Road 32 Unit 28, Longmont CO 80504
et3@et3.com

In addition, any written notice regarding any allegations of infringing activity, whether of a copyright, patent, trademark or other proprietary right, must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or the person defamed.

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, you must submit a list of such materials.

  3. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory 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.

  4. Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and an e-mail address.

  5. 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 or other proprietary right owner, its agent, or the law.

  6. 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 or on behalf of the person defamed

We also believe it is important to shield users of this site from fictitious allegations of infringement. We may decide to not remove alleged infringements if we cannot reasonably determine that an alleged infringement is likely to truly be an infringement of legally protected IP. So, in addition to the above requirements, please provide any proof that your: copyright has been filed with the US library of Congress; and/or Trademark and/or Patent filed with the US Patent and Trademark Office; (or analogous bodies of other countries) and any appropriate reference government issued numbers or certifications pertaining to the allegedly infringed work.

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