The following patents in the U.S. apply to Erthos, Inc. products and services, which may also be protected elsewhere in the world. This page exists to satisfy the virtual-marking provisions of various jurisdictions, including the virtual-marking provisions under the United States, America Invents Act. The following list of Erthos products and services may not be all-inclusive, and one or more patents may nonetheless protect other Erthos products and services that are not listed here. One or more of the listed patents may include method claims. In patents with method claims, the products or services are for use under the corresponding patents, are made under the corresponding patents, etc. Please note that the following information concerns only United States issued patents and pending patent applications.

Overview

Erthos, Inc. (“Erthos”, “we” or “us”) is the sponsor and owner of this website. We respect your on-line privacy and are committed to protecting it through our compliance with this policy.​

This Privacy Policy describes the types of information we may collect from you or that you may provide to us when you visit the Erthos website or contact us directly. This Policy also summarizes our practices for collecting, using, maintaining, protecting, or disclosing that information.

Please read this Privacy Policy to understand our policies and practices. If you do not agree with those disclosed polies and/or practices, your choice is to use or not use the Erthos website. By accessing and using the website you agree to this Privacy Policy. The Policy may change from time to time (see “Changes” below), and your continued use of the Erthos website after such change(s) shall be conclusively deemed to be acceptance of those changes.

Information Gathered and Disclosed

We collect and retain information that you voluntarily provide when you fill out contact web forms, request products or services, apply for an employment position, or otherwise communicate with us. This information may include your name, company affiliation, address, phone number(s), and email address. We will not share such information with external third parties, but we will share such information with internal Erthos departments who have a need to know i.e. HR, Marketing, Energy Services etc.).

Erthos may also periodically conduct surveys, useability studies, and other programs that help Erthos improve and promote its products and services, using initial data provided from the contact web forms. Your voluntary participation in such communications may include additional demographic information such as age, gender, geographical location, and product or service interests. Such responses may be aggregated and anonymized in order to inform Erthos planning.

Erthos does not use “cookies” to track or recognize your computer browser. However, the Erthos website server automatically records visitor information based on your website activity, such as IP address and domain name. Erthos may use information about your user behavior on our website to improve the performance of the site experience.

Erthos will not share or re-direct your website communications to any third-party sponsors or providers. However, Erthos will provide site button access to a third-party pressroom service (“Prowly”), and a Linked-In profile of company leaders. ​

If you communicate directly with Erthos by email, phone, facsimile, or letter, Erthos may collect and store a record of your communications, and may use your personal identifying information to respond.

Erthos reserves the right to share your information with non-affiliated third parties in the event of a company merger, acquisition, sale, or law enforcement investigation or proceeding, including search warrants, subpoenas, or other court orders.

Children​

The Erthos website is intended for users who are at least 18 years of age. We do not knowingly allow children under 18 years of age to register with or provide personal information to us.

Security

Erthos has put in place standard commercially available web security features to prevent the loss of or unauthorized access of your personal information. We train our employees in the proper handling of personal information. While we use our best efforts to do so, we cannot and do not guarantee the security of information transmitted over the Internet. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us by alternate means, or via the email account listed below.

Your Privacy Rights

Depending on applicable law, you may have the right to request certain information regarding the disclosure of personal information to third parties for their direct marketing purposes. Your rights do not include or extend to access to or receipt of any internal Erthos studies of website performance

Changes to Our Privacy Policy

We may update or amend this Privacy Policy from time to time in order to comply with the law or meet changing business requirements, without notice to you. Any updates or amendments will be posted on the Erthos website. By continuing to access and use the Erthos website, you agree to be bound by those updates and amendments.

Contact Us

Questions, comments, concerns, or requests regarding this Privacy Policy are welcomed, and should be emailed to Daniel Flanigan (daniel.flanigan@erthos.com).

(This Erthos Website Privacy Policy was last updated on June 7, 2021)

Overview

This Disclaimer is an agreement between Erthos, Inc. (“Erthos”, “us” or “we”) and you, a voluntary user of the Erthos website. Please read this Disclaimer carefully as it affects your rights & responsibilities. By accessing the Erthos website, you are agreeing to the terms herein, as well as the companion Privacy Policy. Any new or changed features of the Erthos website, such as updates, upgrades or releases shall also be subject to the terms of this Disclaimer.

This Disclaimer does not apply to any product or service agreements you may enter into with us.

Acceptable Use

You may access the Erthos website and any content therein for your information and use solely as permitted under this Disclaimer. You may not use, download, or copy any content on the Erthos website unless: (1) you use the content solely for personal, informational, or non-commercial purposes; (2) the Erthos trademark and copyright symbol and statement set forth on this page appear on each downloaded or copied page; (3) no modifications are made to any content. Erthos reserves the right to revoke the authorization to view, download, and print the content available on this site at any time. You agree not to use or launch any automated system, including without limitation “robots”, “spiders” or “offline readers” that access our website in a manner that sends more request messages to Erthos servers in a given period of time than a human can reasonably produce in the same period by using a conventional web-browser. You agree to comply with all applicable laws in your use of the Erthos website. Erthos reserves all rights not expressly granted in this Disclaimer.

Content & Property Rights

Through the website, we provide information about Erthos, as well as products and related services. We are the sole and exclusive owner of all information, materials, functions and content contained on the Erthos website. You acknowledge that you are only receiving a limited right to access or use this content. Except as expressly permitted in this Disclaimer, no content from the Erthos website may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of our website.

We also own any information and data collected by us from you, including without limitation, any data regarding your use and viewing of the Erthos website content, as well as your access to and use of any Erthos products or services. We may use such information and data for benchmarking and other service enhancements. Information we collect from you will be treated pursuant to our then current Privacy Policy.

The name “Erthos” is a registered trademark of Erthos, Inc., and it and all of Erthos’ graphics, slogans, logos, designs, page headers, button icons, scripts, product names and service names are copyrights, trademarks, trade names or trade dress of Erthos in the United States and/or other countries. These copyrights, trademarks, trade names, or trade dress may not be used in connection with any product or service that is likely to cause consumer confusion, unless expressly allowed in writing by Erthos. Use of third-party trademarks, product or service names, trade names and logos appearing on the Erthos website is also prohibited, without the prior written consent of the respective owner. Use by Erthos of such third party property on our website does not constitute (1) an endorsement of Erthos by such owner, or (2) an endorsement of the third-party products or services by Erthos.

Links to Third Party Sites

We endeavor not to provide or include links to third party sites. In the event that we do, Erthos is not responsible for the content or availability of these third-party websites or resources linked thereby. We are not responsible or liable, directly or indirectly, for any claims that arise from your access or use of any content available from such third-party websites, nor does such link constitute an endorsement of such third party products or services.

Registration and Accounts

The content available on the Erthos website may be accessed without registering with Erthos. If you choose to purchase products or services, investigate Erthos partner opportunities, or apply for employment, you may be asked to register with us and create your own web contact form. You must keep all account information secure, and are solely responsible and liable for all activities that occur under your web contact registration. You shall notify us immediately of any breach of security or unauthorized use of your account.

You acknowledge, consent, and agree that we may preserve and disclose your web contact data if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal process or this Disclaimer.

Reporting Copyright Infringement​

If you are a copyright owner, or are authorized to act on behalf of one, please report alleged copyright infringements taking place on or through the Erthos website by completing the requisite DMCA Notice of Alleged Infringement and deliver it to our Designated Copyright Agent named below. In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to these allegations and take whatever action, in our sole discretion, that we deem appropriate, including removal of the challenged material from our website.

The DCMA Notice should be sent postage paid to our DCA at the following address: Erthos, Inc. 20 East University Drive, Suite 308, Tempe, Arizona 85281 Attention: Daniel Flanigan, CMO.

Warranty Disclaimer & Limitation of Liability

THE ERTHOS WEBSITE, ITS CONTENT, AND ANY DOCUMENTATION, PRODUCTS, OR SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. ERTHOS HEREBY DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO ERTHOS’ WEBSITE, ITS CONTENT, DOCUMENTATION, PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF CONDUCT, DEALING, USAGE, OR TRADE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE-STATED EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT NOT LEGALLY DISCLAIMED, SUCH IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

ERTHOS, INC. SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES YOU MAY ALLEGE AS A RESULT OF YOUR VOLUNTARY ACCESS AND USE OF THE WEBSITE, ITS CONTENT, DOCUMENTATION, PRODUCTS OR SERVICES. ERTHOS’ LIABILITY ARISING OUT OF THIS DISCLAIMER OR YOUR USE OF THE WEBSITE, WHETHER IN CONTRACT, TORT, OR OTHERWISE SHALL NOT EXCEED USD 100 USD.

Indemnification

You agree to defend, indemnify, and hold harmless Erthos, Inc. and its officers, directors, agents, affiliates, and employees from and against any and all such claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of any breach by you of this Disclaimer or your violation of any laws or the rights of a third party.

Termination

This Disclaimer shall take effect on the date you first access or use the Erthos website and shall continue until terminated in accordance with this Disclaimer. You agree that we may, in our sole discretion, suspend, block, or terminate your access to all or a part of the Erthos website with or without notice, and for any reason. Any suspected illegal or fraudulent activity may be referred to appropriate law enforcement authorities.

Governing Law

Any claim or dispute arising out of or relating to your use or attempted use of the Erthos website shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to its conflicts of laws provisions. By accessing and using the Erthos website, you submit to the exclusive personal jurisdiction of the appropriate state or federal courts situated in Maricopa County, Arizona in any proceeding relating to any such claim or dispute.

Modifications

We reserve the right to make changes to this Disclaimer at any time by updating this page with any such changes, while indicating the effective date of those changes. You acknowledge and agree that it is your responsibility to periodically review this Disclaimer to familiarize yourself with any modifications. By continuing to access and use the Erthos website after those changes become effective, you consent and agree to be bound by the revised Disclaimer.

Miscellaneous

This Disclaimer and our Privacy Policy constitute the entire agreement between you and Erthos with respect to website access, use, and enjoyment. You may not assign this Disclaimer in whole or part, and any purported assignment shall be null and void. We may assign or otherwise transfer this Disclaimer and all rights hereunder in connection with any corporate reorganization, merger, or sale of assets to which this Disclaimer relates. This Disclaimer shall be binding upon and inure to the benefit of the parties hereto and their respective heirs and assigns. If any provision of this Disclaimer is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of this Disclaimer shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provision. No Erthos granted waiver shall be effective unless made in writing and signed by an authorized company representative.

Contact Us

If you have any questions or comments regarding this Disclaimer or our companion Privacy Policy, you may contact us at daniel.flanigan@erthos.com.

(This disclaimer is effective as of June 7, 2021)