Terms of Use

Terms were last revised on December 5, 2024

Welcome to Subterra. These Terms & Conditions apply to the Subterra website at Subterrala.com. As used in these Terms & Conditions, "Subterra", "us" or "we" refers to Subterra.

PLEASE READ THESE TERMS CAREFULLY, AS THEY INCLUDE LIMITATIONS OF LIABILITY, ARBITRATION OF DISPUTES, A WAIVER OF CLASS ACTIONS AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE WITH ANY OF OUR TERMS, PLEASE DO NOT USE THE SITE.

Introduction and Overview

These Terms of Use (“Terms”) govern your use of: (i) Subterrala.com and (ii) your use of any interactive features, applications and/or other services that we make available to you through the site(s) or otherwise. By accessing and/or using the Site or interacting with us elsewhere, you agree to be bound by these Terms, and acknowledge and accept the Site’s Privacy Policy.

In some instances, both these Terms and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and conditions will apply to your use of the Site or to a service or product offered via the Site (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

1. Site Content, Ownership, Limited License and Rights of Others

Content. The Site contains a variety of: (i) materials and other items relating to Subterra and its products and services, including all text, images, designs, illustrations, photographs, audio and video clips, music, interactive features, the “look and feel” of the Site, and the compilation, assembly, and arrangement of the materials of the Site and any and all copyrightable material; (ii) trademarks, logos, trade names, service marks, brand elements and trade identities of various parties, including those of Subterra (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).

Ownership. The Site and the Content are owned and/or controlled by Subterra and our licensors and other third parties. All right, title, and interest in and to the Content is the property of Subterra or our licensors or other third parties, and is protected by U.S. and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible.

Limited License. Subject to your strict compliance with these Terms and any Additional Terms, Subterra grants you a limited, non-exclusive, revocable, non-assignable, and non-transferable license to download, display, view, use, and/or play the Content on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”), and/or print a copy of the Content for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Subterra ’ sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.

Rights of Others. In using the Site, you must respect the intellectual property and other rights of Subterra and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Subterra respects the intellectual property rights of others.

2. Site and Content Use Restrictions

Site Use Restrictions. You agree that you will not: (i) aside from your purchase of goods or services offered for sale on the Site, if any, use the Site for any political or commercial purpose (including, for purposes of advertising, soliciting funds, collecting product prices and selling products); (ii) use any Subterra Trademarks; (iii) engage in any activities through or in connection with the Site that attempts to do harm to any third party or are unlawful, offensive, obscene, violent, threatening, or abusive, or that violate any right of any third party, or are otherwise objectionable to Subterra ; (iv) engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, Subterra , or other users of the Site; (v) interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site, the Content, or the User Content; (vi) spider or harvest or otherwise collect or store any information (including personal information about other users of the Site without the express consent of such users); (vii) attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site, through password mining or any other means; or (viii) otherwise violate these Terms or any Additional Terms.

Content Use Restrictions. You also agree that, in using the Site: (i) you will not monitor, gather, mine, copy or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Site by any automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text or page layout); (iii) you will keep intact all Trademark, copyright and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, create derivative works from, display, distribute, broadcast, or transfer to any third party or on any third-party application or web site, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of Subterra; and (vii) you will not insert any code or materials to manipulate such Content in any way that adversely affects any user experience.

Availability of Site and Content. Subterra may immediately suspend or terminate the availability of the Site and Content (and any elements and features of them), in whole or in part, for any reason, in Subterra ’ sole discretion, and without advance notice or liability.

Eligibility. You must be at least 13 years old to use the Site. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Site with permission from your parent or legal guardian.

Reservation of All Rights Not Granted as to Content and Site. All rights not expressly granted to you are reserved by Subterra and its licensors and other third parties. Any unauthorized use of any Content or the Site for any purpose is prohibited.

3. Opening and Terminating Accounts

Accounts. The Site’s practices governing any resulting collection and use of your personal information are disclosed in its Privacy Policy

If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an email notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or email address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive (We may reject the use of any password, username or email address for any reason in our sole discretion); (ii) You will provide accurate, current and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current and complete; (iii) You are solely responsible for all activities that occur under your account, password and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Site using your name, username or password; and (v) You will immediately notify us of any unauthorized use of your account, password or username, or any other breach of security.

If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.

4. Notices, Questions and Customer Service

You agree that: (i) we may give you notices of new, revised or changed Terms and other important matters by posting notice on the Site, or in another reasonable manner; and (ii) we may contact you by mail or email sent to the address provided by you. You agree to promptly notify us if you change your email or mailing address. When you communicate with us electronically, such as via email or text message, you consent to receive communications from us electronically.

If you have a question regarding using the Site, you may contact Subterra Customer Support by sending an email to: trina@subterrala.com. We will try to promptly respond to all inquiries. You acknowledge that the provision of customer support is at Subterra’s sole discretion and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We make no substitutions.

5. Terms Applicable to Purchases on the Site

Generally. No online purchases are available for Canadian residents. Prior to the purchase of any goods or services on our Site, unless you pay through an alternative payment method that we accept on the Site, you must provide a valid credit card number and associated payment information, including all of the following: (i) your name as it appears on the credit card; (ii) your credit card number; (iii) the credit card type; (iv) the date of expiration; and (v) any activation numbers or codes needed to charge your credit card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. For each purchase made on the Site, you agree to pay the price applicable (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. We or our payment processer will automatically bill your credit card or other form of payment submitted as part of the order process for such price.

Return Policy and Shipping and Delivery Policy. If you are not fully satisfied with a purchase from the Site, you may return it in the item’s original packaging within thirty (30) days of delivery. Additional restrictions may apply. Please see our Return Policy, which is incorporated into these Terms in its entirety by this reference. Except in the instance we offer free shipping as a promotional offering on the Site, for online purchases made on the Site, shipping fees will be charged in accordance with our Shipping and Delivery Terms.

Methods of Payment, Credit Card Terms and Taxes. All payments must be made by Visa, MasterCard, Discover, American Express. We currently do not accept cash, personal or business checks or any other payment form, although in the future we may change this through the acceptance of additional forms of payment on our checkout functionality on the Site. You agree that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Subterra of any discrepancies within forty-five (45) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Subterra does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Subterra or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including sales, use or value-added taxes.

Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of an offer from us. Subterra reserves the right at any time after receipt of your order to accept or decline your order for any reason. Subterra further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Subterra upon our delivery of products or services that you have ordered. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that: (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order); or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order you have placed with Subterra has been effected until you receive a confirmation from Subterra via email or the Site. As stated above, you will be responsible for, and your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request or a request to terminate your credit card account was received.

No Responsibility to Sell Mispriced Products or Services. We do our best to describe every item, product or service offered on the Site as accurately as possible. However, we do not warrant that specifications or pricing on the Site is complete, accurate, reliable, current, or error-free. In the event of any errors, inaccuracies, or omissions relating to the pricing or specifications of any item, product or service, Subterra shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional terms may apply. If a product you purchased from us is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.

Modifications to Prices or Billing Terms. The purchase of products and services on the Site is subject to availability.

PRODUCTS AND SERVICES DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. SUBTERRA RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY EMAIL DELIVERY TO YOU.

6. Dispute Resolution

Certain portions of this agreement are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Subterra agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.

Binding Arbitration. Except as set forth below, you and we agree that we will resolve any disputes between us (including any disputes between you and a third-party agent of ours) through binding and final arbitration instead of through court proceedings.

ALL DISPUTES MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE THEN-CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), except as modified herein, and in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. The arbitration will be administered by the AAA. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and Subterra agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act (“FAA”) shall govern the arbitrability of all disputes, including the No Class Action Matters section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY ARBITRATION DISPUTE HEARD BY A JUDGE OR JURY. Issues relating to the enforceability of the arbitration and class action waiver provisions are to be decided only by a court of competent jurisdiction, and not by the arbitrator. This arbitration provision shall survive termination of these Terms or the Site. You can obtain AAA procedures, rules, and fee information as follows: 800.778.7879 and http://www.adr.org. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section of the Terms will survive the termination of your relationship with us.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE TO THE OTHER PARTY) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.

Injunctive Relief. The foregoing provisions of this Section will not apply to any legal action taken by Subterra to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, any Content, your User-Generated Content and/or Subterra’s intellectual property rights (including such we may claim that may be in dispute), Subterra ’ operations, and/or Subterra ’ products or services. Notwithstanding anything to the contrary herein, the arbitrator may award to you in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief (which may include public injunctive relief), as if the action were brought in court on an individual basis.

No Class Action Matters. YOU AND SUBTERRA AGREE THAT WITH RESPECT TO DISPUTES EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. All disputes will be heard or arbitrated only on an individual basis and will not be joined or consolidated with any other claims or arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Arbitration Dispute to be arbitrated on a class action basis or on any basis involving disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that the restriction set forth in this Section 12(D) is unconscionable or unenforceable, then our agreement in Section 12(A) to arbitrate will not apply and the Arbitration Dispute must be brought exclusively in court pursuant to Section 12(F). Notwithstanding any other provision of this Section 12, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained in this “No Class Action Matters” section, are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.

Small Claims Matters Are Excluded From Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claims of disputes in small claims court of competent jurisdiction.

Federal and State Courts. Except to the extent that arbitration is required in Section 12(A), small claims actions, or with respect to the enforcement of any arbitration decision or award with respect to an Arbitration Dispute, any action or proceeding relating to the Site and/or these Terms may only be instituted in state or Federal court in Tarrant County, Texas. Accordingly, you and Subterra consent to the exclusive personal jurisdiction and venue of such courts for such matters, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

7. Disclaimer of Representations and Warranties

YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, INCLUDING THE CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS.

Therefore, to the fullest extent permissible by law, Subterra and its affiliates, and each of its and their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors and assigns (collectively, “Subterra Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: (a) the Site (including the Content and the User Content); (b) the functions, features, or any other elements on, or made accessible through, the Site; (c) any products, services or instructions offered or referenced at or linked through the Site; (d) security associated with the transmission of your User Content transmitted to Subterra or via the Site; (e) whether the Site or the servers that make the Site available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device); (f) whether the information (including any instructions) on the Site is accurate, complete, correct, adequate, useful, timely or reliable; (g) whether any defects to or errors on the Site will be repaired or corrected; (h) whether your access to the Site will be uninterrupted; (i) whether the Site will be available at any particular time or location; and (j) whether your use of the Site is lawful in any particular jurisdiction.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED IN THESE TERMS OR IN ADDITIONAL TERMS PROVIDED BY A SUBTERRA PARTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUBTERRA PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUBTERRA AND THE SUBTERRA PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE.

YOU UNDERSTAND AND AGREE THAT THE PRODUCTS PURCHASED THROUGH THIS SITE ARE NOT DESIGNED AND/OR TESTED FOR COMMERCIAL AND/OR INSTITUTIONAL USE, AND AS A RESULT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUBTERRA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH PRODUCTS QUALITY AND/OR SUITABILITY FOR COMMERCIAL AND/OR INSTITUTIONAL USES.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

8. Limitations of our Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY SUBTERRA PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages of any kind that are directly or indirectly related to: (a) the Site (including the Content and the User Content); (b) your use of or inability to use the Site or the performance of the Site; (c) any action taken in connection with an investigation by Subterra Parties or law enforcement authorities regarding your access to or use of the Site; (d) any action taken in connection with copyright or other intellectual property owners or other rights owners; (e) any errors or omissions in the Site’s technical operation or content; or (f) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Subterra Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure or destruction of the Site).Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SUBTERRA PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID SUBTERRA IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. Their web site is located at: http://www.dca.ca.gov.