Terms and Conditions

If you have questions about our Terms and Conditions, please contact us at tex@agu.org

THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THE THRIVING EARTH EXCHANGE (“TEX”) WEB SITE.  PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THIS WEB SITE.  IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION BY AMERICAN GEOPHYSICAL UNION (“AGU”) TO ACCESS OR OTHERWISE USE THIS WEB SITE.

Because the Thriving Earth Exchange is committed to clarity and accessibility, we also provide a layperson’s summary of our terms in the left-hand column.  The layperson’s summary is for convenience, explanation and reference purposes only and is not to be construed in any way as part of the Agreement in the right-hand column.

By using the exchange, you agree to all the following conditions and any revisions. 1.       Introduction:

  • By accessing, viewing or using the TEX web site, You indicate that You understand, agree and intend these Terms and Conditions and the Waiver and Release, which is made part of these Terms and Conditions and is incorporated by reference (collectively, “Agreement”), to be the legal equivalent of a signed and legally binding contract.
  • In addition, You understand and agree that registering as TEX solver, seeker or sponsor also binds You to the Agreement and any additional terms in a specific challenge (or “innovation contest”).
  • If You represent a company, partnership, collaboration, or firm of individuals, “You” or “Member” refers to You individually and to all others using or gaining access to the services as a whole.
  • These Terms and Conditions can be revised at any time without notice by posting updated version.  Your continued use of the TEX web site following such modifications will be conclusively deemed acceptance by You of any changes to these Terms and Conditions.
  • This Agreement applies to all users of the TEX web site.
AGU built the Thriving Earth Exchange to crowd-source community-inspired science. Seekers post challenges, solvers submit solutions, and sponsors may fund awards and implementation. 2.       Use of the Web SiteThe Thriving Earth Exchange’s mission is to bring the power of science to bear on the community challenges.

  • Use of the site provides a service that allows individuals, organizations and entities (Seekers) to post challenges related to planetary sustainability.
  • The site provides a service that allows individuals, organizations or entities (Solvers) to submit Solutions that address Challenges posed by Seekers.
  • The site provides a service that allows individuals, organizations, or entities (Sponsors) to contribute to solution prizes and the implementation of solutions.
  • The site provides a service that allows the solutions to be judged.
  • In addition to these services, the site may provide other services that help bring science to bear on community priorities and facilitate the interaction of individuals and entities toward that end.
  • Your participation in TEX isn’t limited to the the roles of seeker, solver, and sponsor; nor are these roles mutually exclusive.
  • You acknowledge that AGU may offer a payment, award, or prize in conjunction with other Sponsors, for solutions submitted by Solvers and which the Seeker deems acceptable.
  • You acknowledge and Agree that the TEX exchange web site is a neutral forum for challenges, proposed solutions, and possible funding.
  • You acknowledge that the TEX exchange does not control nature, quality, legality or timing of challenges, and that challenges may have different levels of difficulty.
The rules governing Challenges and Solutions 3.       Challenges and Solutions

  • By submitting a challenge or solution You are agreeing to provide reasonable assistance to AGU to facilitate our understanding of Your submission and to provide additional information concerning Your submission to (AGU, TEX) at our request.
  • AGU/TEX administrators may, but are not required to, edit, filter, or review Your challenge or solution.
  • AGU will make reasonable efforts to transmit what AGU/TEX administrators consider to be relevant solutions to relevant seekers, however, nothing in this Agreement or this Service will be construed to require AGU to transmit every solution or any or all of related material.
  • You acknowledge that, to qualify for review and potential award, a challenge solution must be submitted on or before the Deadline associated with that challenge.
Some solutions may earn awards. 4.       Payment of Awards

  • Awards will be made in accordance with terms set forth in challenge statement and/or applicable Solver agreement.
  • If you submit a challenge and offer an award, You will be solely responsible for the payment of that award.  Similarly, if you agree to pay part of an award, you are solely responsible for that part of the total award. You agree to defend, indemnify, and hold harmless AGU, each of its directors, officers, employees and agents, and their respective successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from the nonpayment of Your award or Your part of an award. The qualifying criteria for awards and the decision to accept a solution is entirely within the discretion of the Seeker.
  • AGU does not guarantee the availability of award and shall not be liable for nonpayment of awards.
AGU and/or third parties own all materials on the web site and You won’t use these materials without permission. 5.       Ownership of Website

  • You acknowledge and agree that all right, title and interest, including all copyrights, in and to the TEX web site is owned by AGU and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of AGU. a nonprofit organization incorporated in Washington, D.C.
  • You acknowledge and agree that the trademarks, service marks, trade names, trade dress and logos contained or described on the TEX web site are the sole property of AGU or third parties and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of their respective owners.
You will use the website professionally. 6.       User Conduct
You agree not to use the TEX web site to post or exchange User Content that:

  • contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;
  • is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
  • violates any right of AGU, its officers, directors, employees, members or any third party;
  • discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
  • violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance;
  • advertises, promotes or offers to trade any goods or services to other TEX users without the explicit permission of AGU;
  • You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party;
  • contains software viruses, spyware or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or”stalks,” “flames” or otherwise harasses another person
You have the rights to all the material you submit to TEX, and you agree to share them with AGU. 7.       User Submissions

  • By posting information, postings, solutions, content, data or other material (“User Content”) on or through the TEX web site, You warrant and represent: (i) that You own the copyright with respect to such User Content or You have received permission from the copyright owner; and (ii) that the posting of such User Content and/or its use by AGU will not infringe the intellectual property rights of, or otherwise violate the rights of any third party.
  • By posting, You grant AGU a non-exclusive, perpetual, worldwide, royalty-free and irrevocable right and license to display, copy, publish, distribute, transmit, print, modify, edit, perform, adapt, sublicense, re-purpose, create derivative works or otherwise use such User Content, in whole or in part, for any purpose in all languages and in all media now known or developed in the future.
  • You acknowledge and accept that AGU may publish Your submission on any social network or in any other website owned by AGU or third parties. AGU shall have no responsibility or liability of any kind for that publication. Publication on these social networks and / or websites allows them to be viewed by the general public.
  • The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law.  AGU reserves the right to remove any material on the web site which allegedly infringes another person’s copyright.
We’ll do our best, but we make no warranties about the site and you use the site and interact with others on the site at your own risk. 8.       Legal Considerations/Disclaimers of Liability:

  • While AGU endeavors to keep the TEX web site up to date, AGU cannot and does not assume responsibility for any errors or omissions in the web site.  AGU further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the web site.  AGU may make changes to the web site, information, text, graphics, links or other items contained within the web site, at any time without notice, and makes no commitment to update the web site.
  • Use of the TEX web site is entirely at Your own risk and is subject to all applicable state, national and international laws and regulations.  ALL MATERIALS ON THE TEX WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON‑INFRINGEMENT.
  • AGU acts in good faith, but does not control information provided by others on the web site.
  • AGU SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO, OR USE OF, THE TEX WEB SITE; (B) ANY INFORMATION, ACTIVITIES, AND/OR MATERIALS AVAILABLE ON OR THROUGH THE WEB SITE; (C) ANY BREACHES OF SECURITY INVOLVING THE WEB SITE OR YOUR ACCOUNT, OR ANY LACK OF AVAILABILITY OR OPERATIONAL PROBLEM OF, THE WEB SITE; OR (D) ANY VIRUSES OR OTHER CODE THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE WEB SITE. If You have a dispute with another TEX participant, You agree to release and hold harmless AGU for all claims of any kind arising from such a dispute.
  • By participating in the TEX or otherwise using this Website as a sponsor/donor, You hereby acknowledge and agree that AGU makes no representation, warranty, covenant or guarantee that any funds You donate to a Project via the Website will result in a scientific discovery.
You will protect and reimburse us for any losses stemming from Your use of TEX. 9.       Indemnification:
You agree to defend, indemnify, and hold harmless AGU, each of its directors, officers, employees and agents, and their respective successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from: (1) Your use of, or participation in TEX; (2) content that violates third party rights, applicable laws or copyright, or misrepresents work as Your own; (3), any breach of this Agreement, or (4) any other matter for which You are responsible hereunder or under law.
Do not assume that we endorse or guarantee sites we link to. 10.   Third Party Website Links:

  • The TEX web site may contain links to web sites operated by other parties.  These links are provided for reference only and AGU does not control them nor is it responsible for their contents.
  • The links that may be accessed through the TEX web site do not imply an AGU endorsement of the materials on other websites or their operators.  AGU MAKES NO WARRANTY OF ANY KIND IN CONNECTION WITH ANY THIRD PARTY SITE OR ANY INFORMATION, PRODUCTS, SERVICES, OR MATERIALS AVAILABLE ON OR THROUGH ANY THIRD PARTY WEB SITE.
We can deny you access to the website. 11.   Termination:
AGU reserves the right at any time and for any reason to deny You access to the TEX web site or any portion thereof, and to terminate this Agreement.  Termination will be effective immediately and without notice. 
Your privacy rights are the same as with all AGU sites. 12.   Privacy Policy:
Your information will be used only in accordance with the AGU’s Privacy Policy.
In the unlikely event of a problem, we will use DC courts and DC law.  If one part of this agreement is invalid, the rest of the agreement still stands. 13.   Miscellaneous:

  • This Agreement shall be interpreted in accordance with the laws of the District of Columbia (excluding any rules governing choice of laws) and any legal proceeding arising out of this Agreement will occur in the municipal or federal courts located in Washington, D.C.
  • This Agreement shall inure to the benefit of and be binding upon the parties and their respective permitted successors and assigns.
  • This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between AGU and You with respect to the subject matter except as set forth herein.
  • You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law.
  • If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
  • The governing language of this Agreement, each Solver Agreement or project-specific agreement, and the Privacy Policy, is English.
This site is intended for adults. 14.   Eligibility
Users under age of 18 must have parental or guardian signature for participation.

(c) 2019 Thriving Earth Exchange