1. Definitions of Parties and Related Persons
The terms "we," "us," "our," "ours," and other first person personal pronouns, and "Provider" shall mean and refer to the operator of the Website, and its affiliates, parents, subsidiaries, business licensors, persons or entities that referred you to the Website, persons or entities to whom you have been or will be referred by the Website, persons or entities claimed to control or act in concert with the creators, producers and operators of the Website, persons or entities participating in the creation, operation and management of the Website, creators and owners of any training methods or intellectual property used or presented on the Website, and their respective employees, agents, principals, franchisees, contractors, managers, officers, directors, founders, shareholders, successors and assigns. Provider includes, but is not limited to, Earth Citizens Organization. The terms "you," "your," "yours," and other second person personal pronouns mean and refer to any user of or visitor to the Website, or any Services.
2. Limitations on Use
a. Intellectual Property Protections. The text, graphics, images, video, metadata, design, organization, compilation, look and feel, advertising, and all other protectable intellectual property (the "Content") available through and with any Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, Internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any notices of copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. You may not either directly or through the use of any device, software, Internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit, or retransmit the Content unless expressly permitted by Provider in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Provider in writing. Furthermore, you may not create, recreate, distribute, or advertise an index of any significant portion of the Content unless authorized by Provider. You agree not to post, if posting is possible, any Content (other than headlines from our RSS feed with active links back to the full article on our Website) to Weblogs, newsgroups, mail lists, or electronic bulletin boards, without our written consent. You may not build a business utilizing the Content, whether or not for profit. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on, in any way, the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Provider in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
b. No Unlawful Use. You agree not to access or use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to or use of a Service if, in our opinion, your access to or use of the Service may violate any laws, regulations, or rulings, infringe upon another person's rights or violate these Terms.
3. Collection and Use of Personal Information
4. Third Party Destinations and Content
a. Disclaimers of Warranties and Limitations on Liability. You agree that your access to and use of the Website, the Services, and related Content is on an "as-is," "as available" basis and we specifically disclaim any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability or fitness for a particular purpose. Provider will not be liable (jointly or severally) to you or any other person as a result of your access to or use of the Services for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits and lost revenues (collectively, the "Excluded Damages"), whether or not characterized in negligence, tort, contract, or other theory of liability, even if Provider has been advised of the possibility of or could have foreseen any of the Excluded Damages, and irrespective of any failure of an essential purpose of a limited remedy.
b. Advice Disclaimer. If the Website provides wellness or health-related information, such information is not intended to treat or cure any disease or to offer any specific diagnosis to any individual, as we do not give nor are engaged in medical, counseling, or other professional services or advice on this Website. We assume no responsibility for injuries suffered while practicing or making use of any wellness techniques or information presented on our Website. We strongly recommend that you obtain professional medical advice before engaging in any wellness.
6. Dispute Resolution
a. We Both Agree to Arbitrate. Any claim or dispute arising out of, or relating in any way to, these Terms, the use of any Services on this Website, other services provided by Provider, or the relationship between you and Provider except for small claims court cases that qualify ("Dispute") shall be resolved by final and binding arbitration, rather than in court. Disputes subject to arbitration include, but are not limited to: (i) claims based in contract, tort, statute, and/or any other legal theory (including, but not limited to, personal injury, misrepresentation, fraud, negligence, undue influence, infliction of emotional distress, unfair business practice, consumer protection law violation, and RICO violation); (ii) claims that arose before these Terms or any prior agreement (including, but not limited to, claims relating to advertising); and (iii) claims that may arise after the termination or expiration of these Terms. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any claims or disagreements relating to the interpretation, applicability, enforceability, or formation of these Terms including, but not limited to, the arbitrability of any Dispute and any claim that all or any part of these Terms is invalid, void, or voidable. There is no judge or jury in arbitration. However, an arbitrator can award the same damages and relief as a court.
b. No Class Actions. Any arbitration, lawsuit, or other proceedings to resolve a Dispute will be conducted on an individual basis and not in a class, consolidated, collective, or private attorney general action.
c. No Jury Trial. If for any reason a Dispute proceeds in court rather than in arbitration, each party waives any right to a jury trial.
d. Arbitration Rules. The arbitration process may be initiated by either party upon written notice sent to the other. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes ("AAA Rules"), which are available at www.adr.org or 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator and will take place in the county where you reside or at another mutually agreed location. You understand that for claims of $10,000 or less, you can choose whether the arbitration is carried out based only on written submissions, by a hearing in-person or by phone. The arbitrator shall be bound by the terms of these Terms.
e. Confidentiality. Except as may be permitted or required by law, neither you, the arbitrator, nor Provider may disclose the existence, content, or results of the arbitration without the prior written consent of all parties to the arbitration. Nothing from the arbitration may be introduced in any form in future arbitrations, court actions or any other proceedings except to enforce the arbitration award.
f. Exceptions to Agreement to Arbitrate. Either you or Provider have the right to seek relief in the appropriate court to prevent any actual or threatened breach of the Confidentiality provision in this section or the Intellectual Property Protections provision in the Limitations on Use section of these Terms.
g. Fees and Costs. Each party shall bear his, her, or its own attorneys’ fees and costs. The AAA Rules will govern payment of all filing, administration, and arbitrator fees. You understand Provider has agreed to reimburse the filing, administration, and arbitrator fees incurred by you for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
h. Stay of Certain Disputes. If the arbitrator or a court determines that any part of the dispute is not subject to arbitration, the part of the dispute not subject to arbitration shall be stayed pending resolution of the arbitration.
7. General Provisions
a. Site Policies and Changes Thereto. Please review these Terms and related policies posted on this Website ("Policies"). These Policies also govern your visit to the Website. We reserve the right to make changes to the Website, these Terms, and the Policies at any time. After changes are made to the Website, these Terms, and the Policies, you signify that you agree to be bound by such changes by accessing the Website or using any Service.
b. Severability. If any provision of these Terms or its application is invalid, void, or unenforceable, the remainder of these Terms will not be impaired or affected and will remain in full force and effect.
c. Entire Agreement. These Terms and the Policies contain the final and entire agreement between us regarding your use of and access to the Website and supersedes all previous and contemporaneous oral or written agreements regarding your use of and access to the Website and any Services.
d. Waiver. Unless otherwise specified in these Terms, the failure by a party to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
e. Change to Services. We may discontinue or change any Services, or their availability to you, at any time for any reason and without notice to you.
f. No Assignment. These Terms are personal to you, which means that you may not assign your rights or obligations under these Terms to anyone. No third party is a beneficiary of these Terms.
g. Governing Law. The Federal Arbitration Act, applicable federal law of the United States of America, and the laws of the state of Arizona, the United States of America, without regard to principles of conflict of laws, will govern these Terms and any Dispute of any sort that might arise between you and Provider. These Terms and any such Dispute will not be governed by the United Nations convention on contracts for the international sale of goods.
h. Titles and Captions. All article, section, or paragraph titles or captions contained in these Terms are for convenience only and are not deemed part of the context thereof.
i. Survival of Termination. The following provisions will survive expiration or termination of these Terms: the Collection and Use of Personal Information, Community and User-Generated Content, Third Party Destinations and Content, Disclaimers, Dispute Resolution, Return and Refund Policy and General Provisions sections of these Terms and other provisions that by their nature are intended to survive termination of these Terms.