Terms of Service
Welcome to www.downtoearth.energy (the "Site"), a website owned and operated by Down To Earth Energy LLC, and its affiliates (“Down To Earth Energy,” “we,” or “us”). Down To Earth Energy provides its products and services to you subject to the following terms and conditions (this “Agreement”). By visiting www.downtoearth.energy , you accept this Agreement. Please read it carefully. Additional terms may apply to specific products or services we offer.
Acceptance of this Agreement and our Privacy Policy
Your use of the Site constitutes your acceptance of all the terms and conditions in this Agreement and in our policies posted on the Site, including the Privacy Policy. This Agreement incorporates the Privacy Policy and constitutes the entire and only agreement between us and you regarding your use of the Site, including your ability to rent equipment or order services, superseding all prior or contemporaneous agreements, representations, warranties, and understandings.
Our Offerings
Down To Earth Energy is not responsible for, and reserves the right to correct, any errors on the Site, including pricing errors or mis-descriptions of products or services. Products and services available may differ slightly from their depiction on the Site and may not be available for rental, delivery, or use in all locations. While we strive to maintain accuracy, we make no guarantees about the completeness or accuracy of the Site's content, including product and service information.
Errors
If a product or service is listed at an incorrect price or with incorrect information due to typographical or other errors, we reserve the right to correct the error and refuse or cancel any orders placed at the incorrect price. We may refuse or cancel any pending orders affected by such errors, even if the order has been confirmed and payment has been collected.
Delivery Matters
We ship rental equipment using reputable third-party delivery services but are not responsible for delays caused by weather or other uncontrollable disruptions. Delivery times are estimates and subject to updates. You may be asked to cover the cost of rental equipment damages while in your possession.
Electronic Communications
By using the Site, you consent to receive communications from us electronically, including by email or through the Site, in compliance with any account you may create. You agree that all agreements, notices, disclosures, and other communications provided to you electronically meet any legal requirement for such communications to be in writing.
Intellectual Property Rights
All content on the Site, including text, graphics, logos, button icons, images, videos, and software, is the property of Down To Earth Energy or its licensors and is protected by U.S. and international copyright laws. The compilation of content is our exclusive property. You may not use our trademarks or other proprietary materials without our written permission. Any third-party marks on the Site belong to their respective owners and should not be presumed to endorse any Down To Earth Energy product or service.
License and Site Access
Down To Earth Energy grants you a limited, non-exclusive, non-assignable, revocable license to access and use the Site for non-commercial purposes. This license does not allow for any resale, modification, or unauthorized use of the Site or its contents. Unauthorized use will result in termination of the license.
Copyright Complaints
We respect the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement, please follow our procedures for making claims as outlined below.
Your Account
If you register for an account on the Site, you represent that you are of legal age in your state of residence and capable of entering into binding contracts. You are responsible for maintaining the confidentiality of your account and any activities under it. We reserve the right to refuse service or terminate accounts as necessary.
Delivery of Service - Force Majeure
In the event of a "Force Majeure Occurrence," including acts of God, strikes, wars, or other uncontrollable events, Down To Earth Energy may be unable to fulfill service obligations. Refund policies in these situations are outlined based on the timing of the cancellation.
Reviews, Comments, and Other Content
We allow users to post reviews, comments, and other content so long as it is not illegal, obscene, defamatory, or otherwise objectionable. By posting content, you grant Down To Earth Energy a non-exclusive, royalty-free, and fully sublicensable license to use and distribute your content. You are responsible for ensuring that your content does not violate the rights of others.
Other Businesses
We may link to third-party businesses or websites, but we are not responsible for their content or services. You should review their privacy policies and terms of use.
Unlawful Activity
We reserve the right to investigate and take appropriate action regarding any suspected unlawful activity on the Site, including reporting to law enforcement.
Securities and Investment Matters
Statements on the Site regarding operations, strategies, or financial conditions are forward-looking and based on estimates that may be subject to uncertainties. The Site does not constitute an offer or solicitation for the sale of securities.
Disclaimer of Warranties and Limitation of Liability
THE SITE AND ANY PRODUCTS OR SERVICES OFFERED ARE PROVIDED "AS IS" AND "AS AVAILABLE." DOWN TO EARTH ENERGY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT LIABLE FOR DAMAGES ARISING FROM THE USE OF THE SITE OR PRODUCTS/SERVICES OBTAINED FROM IT.
Indemnification
You agree to indemnify and hold us harmless from any claims or expenses, including attorney fees, arising from your violation of this Agreement or your use of the Site.
Applicable Law
By visiting the Site, you agree that the laws of California, without regard to conflict of law principles, will govern this Agreement and any disputes.
Disputes
Any disputes arising under this Agreement shall be resolved by confidential arbitration, with Down To Earth Energy having the right to seek injunctive relief for intellectual property violations.
Changes to Site and its Terms
We may update the terms of this Agreement at any time. Your continued use of the Site constitutes your acceptance of these changes.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe your work has been infringed, please provide us with the necessary information, including a description of the work, its location on the Site, and a statement of your good-faith belief in the unauthorized use.
For any claims or inquiries, please contact:
Copyright Agent
Down To Earth Energy Legal Department
845 Waterloo Ave, El Cajon, CA 92019
Email: info@downtoearthenergy.com