TERM OF SERVICE It is a new movement, a Green & Review Initiative, a cross incentive scheme. Funding one seedling cultivation in Central Java Indonesia to support reforestation campaign, Add 8 Tree offers product review service, sending site traffic, viral buzz, and valuable link building. The pledge is so simple. For every 1 dollar be paid from the Green & Review scheme, Add 8 Tree will donate eight trees to trusted Co-Workers. So if one EcoAdvertiser uses this service and pays for about US $ 100, he or she is alike to plant up to 800 seedlings tree joining in our reforestation campaign, implemented and then monitored by one nonprofit Co-Worker (Student’s Charity Act from reputable University). Everyone who curious with this unique initiative, have high interest of following (Green Initiative) reforestation campaign as Eco-Advertiser or Web-Author and want to using or giving product review service (Cross Incentive) in very competitive prices, you are welcoming to join Add 8 Tree today. If you do not agree to these Terms of Service, please do not use the Service. Each time you use the Service, the current version of the Terms of Service will apply. Accordingly, when you use the Service, you should check the date of the Terms of Service (which appears at the top of this document) and review any changes since the last version. The Terms of Service will be available at all times at our web site. In this Terms of Service, (i) "Eco-Advertiser" means collectively any person or entity who participates in this Green & Review Service, would like to participate in planting a thousand seedlings campaign by using review service which is offered by Add 8 Tree which will define next, (ii) "Add 8 Tree" means any person or entity who provide the Green & Review Service, directly or indirectly controls all scheme project, and the term "control" with regard to this definition means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of an entity, whether through the ownership of voting securities, written voting rights agreement or other influence. (iii) “Web-Authors” means collectively any person or entity who share their talent and resource, works as volunteer in “Add 8 Tree” and they also will receives a number of compensation for creating content for Eco-Advertiser which is defined already. (iv) “Co-Workers” means collectively person or entity that receives a seedling trees for reforestation effort, involves in project implementation and monitoring report directly to Add 8 Tree which is defined at point no (ii).
These Terms of Service shall apply to all transactions conducted through the Service. The term of the Agreement will commence on the date you enroll as Eco Eco-EcoAdvertiser, Web authors, Co-Workers and will end when terminated by either party in accordance with the terms of the Agreement (the "Term"). Two unique values offered by Add 8 Tree service includes: •
•
Web-Authors will make product review sending site traffic, viral buzz and valuable back-link; it isn’t formatted to look like ads so it will deliver more attention and value. Eco-Advertiser will involve in thousand seedlings planting campaign and it might be a great Requirement to be positive brand positioning.
Another important thing is Add 8 Tree can continue spreading this movement so other person or entity able to copy this unique scheme on their own places. 2. ECO-ADVERTISER SPECIFIC TERMS. This Section 2 applies only to Eco-Eco-Advertiser participating in this scheme. 2.1. TRANSPARENCY & DISCLOSURE. Add 8 Tree requires full disclosure by Green & Review participants. Any attempt to instruct, coerce or manipulate a Web-Author into hiding the commercial relationship between you and the Web-Authors may result in removal from the system. EcoAdvertiser agrees to comply with Our Eco-Advertiser Code of Ethics. 2.2. PAYMENTS. Eco-Advertiser agrees to pay Add 8 Tree for the Service in accordance with these Terms of Service. If Add 8 Tree does not receive timely payment or if Eco-Advertiser exceeds prepayment hereunder: (i) Eco-Advertiser will incur a debit balance for the value of any unpaid charges incurred (ii) Eco-Advertiser agrees to pay all amounts due on your account upon demand via PayPal, and (iii) Add 8 Tree reserves the right to either suspend or terminate an Eco-Eco-Advertiser’s contract with Add 8 Tree, including deletion of your Opportunities from the Services. All prices are in United States dollars and do not include taxes that may be assessed by any jurisdiction. If withholding taxes or any other taxes are imposed by any jurisdiction on the transactions pursuant to this Agreement, Eco-Advertiser shall pay such taxes to ensure that Add 8 Tree receives the full amount invoiced to you without offset or deduction.
2.3. FEE FOR REMOVAL OF WEB-AUTHORS'S POST. An Eco-Advertiser can request that a Web-Author’s post in response to an Requirement be removed from the Web-Author’s website. For a fee, Add 8 Tree will assist Eco-Advertiser in requesting a Web-Author to remove a post; however, Add 8 Tree cannot guarantee removal of the post. 2.4. FEE FOR MANUAL APPROVAL OF WEB-AUTHORS'S POSTS. In relation to Requirement, Add 8 Tree reviews Web-Author’s posts for compliance with the criteria set forth in the Requirement using a manual system. 2.5. POST INFORMATION. Eco-Advertiser agrees that Add 8 Tree is not responsible for any aspect of Eco -Advertiser's content or product to be blogged about by Add 8 Tree contracted WebAuthors. Eco-Advertiser represents, warrants and covenants that: (i) all information you provide or approve or that is provided on your behalf in connection with the Agreement and on your Website is, and will be updated to remain, current and accurate, (ii) the Website to which any links are included in a listed Requirement will look substantially the same to all end users regardless of the end users' location, (iii) your Website does not contain any Add 8 Tree-owned or licensed content, except pursuant to a separate signed agreement with Add 8 Tree. You acknowledge that Add 8 Tree Web-Authors are independent third-parties and not directly controlled by Add 8 Tree. As a consequence, any blog postings of your content or product(s) will inherently risk negative or unflattering comments about your content, product(s) or company. Eco-Advertiser specifically acknowledges and agrees that Add 8 Tree has no control over any Posts that may be available or published on any blog (or otherwise), and that Eco-Advertiser is solely responsible (and assumes all liability and risk) for determining whether or not such Posts are appropriate or acceptable to you. 2.6. POST DISPUTES. Eco-Advertiser agrees that so long as a Web-Author has met the requirements as outlined in your Requirement you will not deny payment. Eco-Advertiser may not discriminate based on aesthetics, grammar, blog layout, or the racial, physical, political, spiritual, age, gender or sexual orientation characteristics of the WebAuthors. Payment will be made to the Web-Authors unless the Web-Authors has violated the terms of this Agreement or the specific terms of your Requirement as stated in writing.
3. WEB-AUTHOR SPECIFIC TERMS. This Section 3 applies only to Web-Authors participating in the Green & Review Scheme. 3.1. TRANSPARENCY & DISCLOSURE. Web-Authors participating in the Add 8 Tree Marketplace must clearly disclose on their blogs the relationship between themselves and the Eco-Advertisers in connection with Opportunity-related posts. The appropriate manner in which to make such disclosure (e.g., site wide disclosure policy or disclosure on a per post basis) may vary with the circumstances and is to be determined by the Web-Author. Add 8 Tree requires, however, that disclosure be made in a meaningful way that makes clear to an ordinary consumer that there is a relationship between the WebAuthor and the Eco-Advertiser. Add 8 Tree reserves the right to review and monitor the disclosure practices of all Web-Authors who participate in the Marketplace and Add 8 Tree Direct and to either require greater levels of disclosure (in the event that Add 8 Tree determines in its sole discretion that current disclosure practices are inadequate) or remove the Web-Author from the Marketplace (in the event of inadequate disclosures). Web-Author agrees to comply with Our Web-Author Code of Ethics. 3.2. FULFILLMENT OF COMPENSATION. Web-Author to be an Add 8 Tree’s volunteers agrees that the obligation to compensate Web-Author for Opportunity-related posts resides with the EcoAdvertiser, not Add 8 Tree. Add 8 Tree merely facilitates such compensation as mutually understanding. In addition, Web-Author acknowledges that Web-Author is: (i) is a volunteers of Add 8 Tree, (ii) responsible to provide a number of compensation received from an Eco-Advertiser, (iii) responsible for any reporting requirements imposed by the federal, state or local government, and (iv) responsible for compliance with all other applicable laws and regulations. 3.3. BLOG ELIGIBILITY. In order to deliver better service, Add 8 Tree is presupposing Web-Author to meet the minimum eligibility requirements. Add 8 Tree will not accept certain blogs and Web-Authors as determined by Add 8 Tree in its sole discretion even it’s all just alike with a charity scheme.Blogs Only. Add 8 Tree only accepts blogs, and not websites, message boards, e-mails, IM or other similar services.
1. English Only Blogs. The blog and all posts relating to Add 8 Tree Opportunities must be in the English language or such other language as is identified in the particular Opportunity. 2. Original Blog Content. The blog must contain original editorial content in addition to Opportunity-related or other paid posts. Blogs that exist primarily for payment will not be accepted. 3. Minimum Blog Age. Blogs must be live for a minimum of ninety (90) days, counted from the date of the blog's first post, with at least twenty (20) preexisting posts written in the 90 days prior to registration with the Add 8 Tree Marketplace. 4. Chronological Archives. Blogs must have a chronological archive to verify age. Categorical archives will not be accepted. You acknowledge and agree that Add 8 Tree may also verify compliance with these age and posting requirements via a third party spider. 5. Transfer of Blog. Transferring your blog to a new domain does not make the blog older than ninety (90) days. Transferring a blog to a new owner does not make the blog 'older than ninety (90) days.’ 6. Inappropriate Content. Blogs submitted to the marketplace may not include or support: excessive profanity, violence, or racial intolerance, illicit drugs or drug paraphernalia, pornography, adult or mature content, or any other content that promotes intolerance, illegal activity, or infringes on the legal rights of others.
3.4. BLOG EXCLUSIONS. The following blog types are wholly excluded from Green & Review Scheme Opportunities: 1. No Follow Blogs. Blogs must not include nofollow tags in the robots meta tags, though Eco-Advertisers may request nofollows with their required links. See Section 3.5 Posting Regulations. 2. Photoblogs and Vlogs. Blogs whose posts are primarily composed of nonwritten entries (such as Photoblogs, comics, or vlogs).
3. Third Party Content Blogs. Blogs whose entries are made up entirely of song lyrics, quotes, poems, online quizzes/surveys, information directories, or other such lists that do not constitute written entries. 4. Community Blogs. Blogs with more than one contributor/author. 5. Blog For Money Blogs. "Blog for money" community blogs such as BlogCharm, Web-AuthorParty and WritingUp.com. 3.5. POSTING REGULATIONS. If Web-Author has a blog accepted into the Green & Review Scheme, Web-Author must comply with the following Posting Requirements: 1. Frequency of Posts. You may post a maximum of three (3) sponsored post opportunities and four (4) link-only opportunities from the Add 8 Tree Marketplace per blog in any given day. 2. Obstructions. Elements on a blog page must not obscure any portion of an Opportunity-related post and the posting must be visible, readable and reasonably coherent. 3. Inline Ads and Links. There are to be no third party links, ads or other detractors located within the sponsored post. 4. Unique Content. Identical or nearly identical Opportunity-related posts will not qualify for payment under the Marketplace and may result in termination of your account. 5. Time Shifting. A submitted Opportunity-related post's date of submission to Add 8 Tree must match the date of creation as reflected in your blog time stamp, date line or archives. A submitted post's date must also be relative to the timeframe of an Opportunity's life span. 6. Use of Software. Software may not be used to create posts or otherwise place Add 8 Tree code in a repetitive or not original fashion. 7. Manipulation of Code. Any Add 8 Tree Link code must be pasted directly into blog pages without modification. Add 8 Tree participants are not allowed to alter any portion of the code.
8. Holding. Attempting to 'hold' a post by submitting to the 'Take this Opportunity' screen but failing to provide a written post to the requirements of the Eco-Advertiser will result in immediate suspension of your account. 9. Inappropriate Content. Posts submitted to Marketplace Opportunities may not include or support: excessive profanity, violence or racial intolerance, illicit drugs or drug paraphernalia, pornography, adult or mature content, any other content that promotes intolerance, illegal activity, or infringes on the legal rights of others. 10. Nofollows. Nofollows may only be included within the required link of a post, or additional required links, if the Eco-Advertiser chooses the nofollow option during Opportunity creation. Unless an Eco-Advertiser chooses this option, required links are not to have nofollow attributes within them. Here is an example of a nofollow attributed link:
Anchor Text. 3.6. GRANT OF USAGE LICENSE. By participating in the Add 8 Tree Green & Review Scheme and accepting payment for the content you create, Web-Author grants Add 8 Tree and the specific EcoAdvertiser purchasing the content a worldwide, royalty-free, non-exclusive, sublicensable, unconditional, perpetual and transferable license to use, display, perform, reproduce, republish, and distribute the content or any portion thereof in all forms of media and through any media channels (now known or hereafter developed), including but not limited to television, radio, print, Internet site and other electronic communications. Any use, publishing or distribution of a Web-Author's content by Add 8 Tree or any Eco-Advertiser must be accompanied by credit to the Web-Author of that content or a link to the blog where the content appeared. OTHER TERMS AND CONDITIONS 4. ECO-ADVERTISERAND WEB-AUTHOR ELIGIBILITY. You must be eighteen (18) years or older to register as an Eco-Advertiser or WebAuthor in the Add 8 Tree Green & Review Scheme. By registering in the Add 8 Tree Green & Review Scheme, you are representing and warranting that all information you submit is truthful and accurate, and that you agree to maintain the accuracy of such information. You understand and agree that we will use the information you provide in accordance with the terms of the Add 8 Tree Privacy Policy ("Privacy Policy"), which is integrated into and included as part of these Terms of Service. Add
8 Tree accounts are not transferable, assignable or resalable under any circumstances. 5. PROTECTION OF MINORS. Children under the age of thirteen (13) may not be the target audience of Add 8 Tree Opportunities and Add 8 Tree strives to protect their privacy. For this reason, Advertisers are prohibited from posting any Opportunity that targets children. Add 8 Tree also reserves the right to remove any Web-Author with a blog that is targeted toward children. 6. CONFIDENTIALITY. "Confidential Information" means any information disclosed to an Eco-Advertiser or Web-Author by Add 8 Tree, either directly or indirectly, in writing, orally or by inspection of tangible objects, other than information that you can establish: (i) was publicly known and made generally available in the public domain prior to the time of disclosure to you by Add 8 Tree; (ii) becomes publicly known and made generally available after disclosure to you by Add 8 Tree other than through your action or inaction; or (iii) is in your possession, without confidentiality restrictions, prior to the time of disclosure by Add 8 Tree as shown by your files and records. Eco-Advertiser and/or Web-Author shall not at any time (i) disclose, sell, license, transfer or otherwise make available to any person or entity any Confidential Information (except to your employees and agents who have a legitimate need to know such information and are bound in writing by confidentiality and non-use restrictions not less protective than those contained herein), or (ii) use, reproduce or copy any Confidential Information, except as necessary in connection with the purpose for which such Confidential Information is disclosed to you and in accordance with the Agreement. Eco-Advertiser and/or Web-Author agree to take all measures to protect the secrecy, and avoid disclosure and unauthorized use, of the Confidential Information. Eco-Advertiser and/or Web-Author may disclose Confidential Information if required by law to disclose the Confidential Information, provided that you give Add 8 Tree prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure, and provided further that any such disclosure is limited to the minimum extent necessary to comply with the legal requirement. All Confidential Information shall remain Add 8 Tree's personal property and all documents, electronic media and other tangible items containing or relating to any Confidential Information shall be delivered to Add 8 Tree immediately upon Add 8 Tree's request, and also, upon termination of the Agreement. Nothing contained in the Agreement
will prevent Add 8 Tree, its parent and/or affiliates from complying with privacy laws and regulations, and if there is any conflict between the Agreement and the terms of the applicable Add 8 Tree Privacy Policy (as posted on or linked from the Add 8 Tree Website), the Agreement shall control. Eco-Advertiser and Web-Author may not issue any press release or other public statement regarding the Agreement, Add 8 Tree, its parent and/or its affiliates without Add 8 Tree's prior written consent. 7. UNAUTHORIZED USE. Outside of an API provided by Add 8 Tree, any attempt to utilize automated programs, bots, screen scraping, database calls, human initiated data collection or any other means of gathering data, content or other information for the purpose of reverse engineering our platform for commercial gain is strictly prohibited. 8. PROVISION OF SERVICES. Add 8 Tree is constantly innovating and changing its Service offering in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Add 8 Tree provides may change from time to time without prior notice to you. You acknowledge and agree that Add 8 Tree may stop (permanently or temporarily) providing the Services (or any features or functionality within the Services) to you or to users generally at Add 8 Tree's sole discretion, without prior notice to you. You and/or Add 8 Tree may terminate this Agreement and/or your participation in the Service at any time, for any reason or for no reason, and Add 8 Tree shall not have any liability regarding such decisions. Sections 2 through 17 of these Terms of Service shall survive any termination of the Agreement. 9. REPRESENTATIONS AND WARRANTIES. Web-Authors and Advertisers participating in the Green & Review Scheme each represent, warrant and covenant that (i) you have sufficient authority to enter into the Agreement; (ii) your use of Add 8 Tree's services is solely for lawful commercial and business purposes; (iii) you have the necessary rights to provide all information provided under the Agreement (including all content, data, Opportunities, titles, URLs and descriptions) for use as described in this Agreement, and that all such information and all claims, statements, products and services contained or referenced herein and in the Website or blog: (a) do not violate any law, statute, ordinance, treaty or regulation or Add 8 Tree policy or guideline; (b) do not infringe any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (c) do not breach any duty toward or rights of any person or entity
including rights of publicity or privacy, and have not otherwise resulted in or are not likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (d) are not false, deceptive or misleading; (e) are not defamatory, libelous, slanderous or threatening; (f) will be free of viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system data or personal information; and (g) comply with the applicable Master Agreement (if applicable); and (iv) you will not engage or cause others to engage in any form of spamming or improper or malicious, as determined by Add 8 Tree, clicking, impression or marketing activities through the Service, and you will comply with all applicable laws including complying with all applicable laws such as the CAN-SPAM Act of 2003. 10. TRADEMARKS. Add 8 Tree™ and other Add 8 Tree graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Add 8 Tree in the U.S. and/or other countries. Add 8 Tree's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available on our media page may be used by partner and third party sites in connection with journalistic promotion of our services, commercial applications are forbidden except where pre-approved in writing. 11. INDEMNIFICATION. Web-Authors and Advertisers participating in the Green & Review Scheme each agree to indemnify and hold harmless Add 8 Tree, its parent and affiliates and their officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys, employees, third party service providers and third parties authorized by Add 8 Tree to make your listings, results, and/or Services available in connection with third party Websites, blogs, postings, content, applications and/or e-mails ("Third Party Products"), and their respective officers, directors, agents, affiliates, and employees (each, an "Add 8 Tree Entity" and collectively, the "Add 8 Tree Entities") from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees (collectively, "Claim(s)"), that actually or allegedly result from your information, use of the Service, any blog postings, your Website, or your breach of the Agreement. You agree to be solely responsible for defending any
Claim against or suffered by Add 8 Tree and/or any Add 8 Tree Entity, subject to Add 8 Tree and/or the Add 8 Tree Entity's right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all claims against Add 8 Tree, and/or any Add 8 Tree Entity provided that you will not agree to any settlement that imposes any obligation or liability on Add 8 Tree and/or an Add 8 Tree Entity without Add 8 Tree's prior express written consent. 12. WARRANTY DISCLAIMER. ECO-ADVERTISER AND WEB-AUTHOR EXPRESSLY AGREE THAT THE SERVICES ARE AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THAT YOUR USE THEREOF IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ADD 8 TREE DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE OR ADD 8 TREE WEBSITE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE OR THE ADD 8 TREE WEBSITE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND ANY OTHER WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY ADD 8 TREE. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE OR THE ADD 8 TREE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ADD 8 TREE'S WARRANTY DOES NOT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF ADD 8 TREE'S CONTROL. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ADD 8 TREE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
13. LIMITATION OF LIABILITY. ANY LIABILITY OF ADD 8 TREE TO AN ECO-ADVERTISERIN CONNECTION WITH THIS AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY, SHALL BE STRICTLY LIMITED TO TWENTY-FIVE PERCENT (25%) OF THE AMOUNT PAID BY ECO-ADVERTISERTO ADD 8 TREE FOR THE SERVICES RELATED TO THE ADVERTISER'S MOST RECENT OPPORTUNITY (EXCLUDING AMOUNTS PAID BY ADVERTISERS TO WEB-AUTHORS). ADD 8 TREE SHALL NOT BE LIABLE TO WEBAUTHORS FOR DAMAGES OF ANY KIND ARISING OUT OF WEB-AUTHOR'S USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL ADD 8 TREE OR ANY ADD 8 TREE ENTITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF, OR IN CONNECTION WITH, THE AGREEMENT. ECO-ADVERTISERAGREES THAT ECO-ADVERTISERWILL NOT HOLD ADD 8 TREE RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THE AGREEMENT, INCLUDING WITH RESPECT TO CLICKS BY ANY THIRD PARTY ON ADVERTISER'S LISTING(S) OF OPPORTUNITIES, REGARDLESS OF THE INTENT OF SUCH THIRD PARTY. THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF ADD 8 TREE OR ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ADD 8 TREE'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 14. NOTICES. Add 8 Tree may give general notices to you by posting on its Website, or by electronic mail to the e-mail address provided by you to Add 8 Tree. It is your responsibility to ensure that your e-mail address and any other contact information you provide to Add 8 Tree is updated, current and correct. 15. MISCELLANEOUS. The Agreement constitutes the entire agreement and understanding between the parties regarding the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications in all forms of media (including all instructions, advertisements, messages and policies), written
and oral, between you and Add 8 Tree regarding the subject matter contained herein. Only a written instrument executed by the party waiving compliance may waive the terms or covenants of the Agreement. No waiver by either party of a breach of any provision hereof shall be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. If any provision of the Agreement is held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of the Agreement, and the invalid or unenforceable provisions shall be replaced by a mutually acceptable provision, which being valid, legal and enforceable comes closest to the original intentions of the parties to the Agreement and has like economic effect. Add 8 Tree shall have no liability under the Agreement by reason of any failure or delay in the performance of its obligations on account of strikes, shortages, riots, acts of terrorism, insurrection, fires, flood, storm, explosions, earthquakes, Internet outages, computer virus, Acts of God, war, governmental action, or any other cause that is beyond its reasonable control. The parties are independent contractors and nothing in the Agreement shall be construed to create, evidence, or imply any agency, employment, partnership, or joint venture between the parties. Neither Advertisers nor Web-Authors are employees of Add 8 Tree. Add 8 Tree, Eco-Advertiser or Web-Author shall have any right, power, or authority to create any obligation or responsibility on behalf of the other. The Agreement is not intended to benefit, nor shall it be deemed to give rise to any rights in, any third party. You may not assign or transfer the Agreement, or sublicense, assign or delegate any right or duty under the Agreement without Add 8 Tree's prior written consent. Any assignment, transfer or attempted assignment or transfer in violation of this Section shall be void and of no force and effect. Add 8 Tree and its subsequent assignees may assign the Agreement, in whole or in part, or any of its rights or delegate any of its duties, under the Agreement to any party. Any rights not expressly granted in the Agreement are reserved by Add 8 Tree, and all implied licenses are disclaimed. Headings used in the Agreement are for reference purposes only and in no way affect the Agreement. The term "including" is a term of enlargement meaning "including without limitation," and does not denote exclusivity. Add 8 Tree may change the Agreement and/or the Privacy Policy at any time upon notice published on its Website. Any use by you, your Affiliates, agents, representatives, employees, or any person or entity acting on your behalf, of the Service after such notice shall be deemed to be continued acceptance by you of the Agreement and Privacy Policy, including any amendments and modifications thereto. All information or material in connection with a Service must be submitted in the form requested by Add 8 Tree. Add 8 Tree reserves the right to discontinue offering, and/or modify the Services at any time. Except as otherwise specified by Add 8 Tree, you agree that you will direct all communications relating to the Service or
your participation therein directly to Add 8 Tree and not to any other entity. The organization, specifications, structure or appearance of any Add 8 Tree property or any page where your information (including listings) may be displayed may be redesigned or modified at any time.