2. Lawful Use and Purpose
A) You shall use the Services for lawful purposes only. You shall not post or transmit through the Site any material that violates or infringes in any way upon the legally recognized rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, that constitutes hate speech intended to insult any race, skin color, religion, sexual orientation, or national origin, or otherwise encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or that contains any computer viruses or computer programs that are intended to damage, detrimentally interfere with, or surreptitiously intercept or expropriate any system data or information. Your use of the Program and the Services are made available for your personal non-commercial use only. You may not use the Program to sell a product or service or to increase traffic to your website for commercial purposes, to advertise or perform any commercial solicitation, to become users, subscribers, members, or customers of other services. You may not “meta-search” the Site.
C) You are solely responsible for your use of Services provided by the Foundation, for all User Content (as defined in the next sentence) that you upload, post, email, transmit, or otherwise make available on or through the Services (collectively, “Post”). “User Content” means User-Posted content or information or any type or medium, including but not limited to: letters, emails, or other messages; other forms of communication through the Services; personal User information; board posts; reader reviews; blogs, data, notes and testimonials; poll votes; images; audio or video files; and software. You may Post only User Content that you own, have created, or have clear permission to Post. You acknowledge and agree that the Foundation does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You acknowledge that the Foundation does not pre-screen User Content, and has no obligation to do so, but that the Foundation and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move, or remove any User Content that is posted on or through this Service.
D) The Services that the Foundation provides are always evolving and the form and nature of the Services that the Foundation provides may change from time to time without prior notice to you. In addition, the Foundation may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.
Unless otherwise expressly noted, all materials, without limitation, all images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of the Program, including, without limitation, the Services, are protected by copyright, trademarks, trade secret and patent rights, trade dress and/or other intellectual properties owned by or licensed to the Foundation. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such copying. You agree that you will not alter or remove any copyright notice or proprietary legend contained in the website and you agree that any copy made shall include JC Tefft, or the JC Tefft Foundation’s copyright notice, or any third party provider’s copyright notice, or any other notice included therein. No other permission is granted to you from the previous sentence. The “JC Tefft Foundation” and “theevolutionofconsciousness.org” and others are our service marks, or registered service marks, or trademarks. Other product and Company names mentioned on the Site may be trademarks of their respective owners. You agree not to use any robot, spider, or other automatic device, nor may you use any process to monitor materials available through the Site without our express authorization. You agree not to derive or attempt to derive any source code, source files, or structure of all or any portion of the Site contents by reverse engineering, disassembly, decompiling, or otherwise. Further, you may not use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions, or telephone solicitations; nor export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
You will access your account through the Site by means of a protected Login ID/Password that will be given to you by the Foundation via e-mail after you register your account. It is your responsibility to guard this information and keep it confidential. You are not authorized to give the password to others who are not registered Subscribers to this Site. Therefore, you authorize the Foundation to treat any resulting transactions, obligations, or liabilities as if you used the Services and the Program yourself, as a registered Subscriber to this Site.
The Foundation may from time to time change the terms and conditions and/or rules that govern your Subscribership in the Program (including, without limitation, your receipt or use of the Services) and/or use of the Site. This may include establishing policies and limitations concerning the Community Forum hosted at the Site. You agree that the Foundation shall not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services, any document, information, or other content on the Site. THE FOUNDATION MAY FROM TIME TO TIME, WITHOUT PROVIDING ANY NOTICE, CHANGE, MODIFY, SUBSTITUTE, ADD, OR DELETE ANY ASPECTS OF ITS BUSINESS AND OPERATIONS, INCLUDING, WITHOUT LIMITATION, ANY SERVICES PROVIDED THEREUNDER, OR FEE STRUCTURE, TERMS AND CONDITIONS, APPLICABLE TO YOUR USE OF THE SITE OR ANY PART THEREUNDER, SUCH CHANGED TERMS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE WEBSITE. ANY USE OF THE PROGRAM AND/OR THE SITE BY YOU AFTER SUCH NOTICE SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE BY YOU OF THE CHANGED TERMS.
Your Subscription and the right to use the Site is not transferable. Any password or right given to you to obtain information or documents through the use of the Services is not transferable. You may not disclose to or share your password with any third party or use your password for any unauthorized purposes.
8. Unsolicited Submissions
We do not knowingly accept or consider creative ideas, suggestions, or materials that we do not specifically request from you. We ask that you do not submit or send any such materials directly to us. If you nevertheless send creative suggestions, ideas, notes, drawings, concepts, materials, or other information (collectively, the “Material”) to us, such Material shall become our property, and we shall have the right to display, copy, use, sublicense, transmit, publically perform and/or publish such Material for any purpose we desire, whether now or hereafter invented. In addition, you waive all “moral rights” in the Materials and agree that none of the Material shall be subject to any compensation, obligation of confidentiality on the part of the Foundation.
9. License to Us
By submitting content to any public or non-public area of the Site, including message boards, forums, contests and chat rooms, you grant the Foundation and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full terms of any rights that may exist in such content, and the right to license others to do the same. You also permit any user to access, display, view, store, and reproduce such content for personal use or for the organization’s internal use for the purposes described on the Site. Subject to the foregoing, the copyright owner of such content placed on the Site retains any and all rights that may exist in such content.
10. Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information, as required by the DMCA (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of the material that you claim is infringing and where such material is located on the Site; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Send the above information to CustomerService@jctefftfoundation.org.
11. Links and Advertisers
The Site may contain links to other websites. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk. THE EXISTENCE OF A LINK TO A THIRD PARTY’S SITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY THE FOUNDATION BEYOND WHAT MIGHT BE SPECIFICALLY PROVIDED FOR. THE SITE MAY CONTAIN ADVERTISING AND SPONSORSHIPS. ADVERTISERS AND SPONSORS ARE RESPONSIBLE FOR ENSURING THAT MATERIAL SUBMITTED FOR INCLUSION ON THE SITE IS ACCURATE AND COMPLIES WITH APPLICABLE LAWS. WE ARE NOT RESPONSIBLE FOR THE ILLEGALITY OR ANY ERROR, INACCURACY OR PROBLEM IN THE ADVERTISER’S OR SPONSORS MATERIALS. THE FOUNDATION DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGES ARISING FROM THE CONTENT OR PROVISION OF SERVICES OF ANY THIRD PARTY SERVICE OR RESOURCE. THIRD PARTY CONTENT MAY APPEAR ON THE SITE OR MAY BE ACCESSIBLE VIA LINKS FROM THE SITE. WE ARE NOT RESPONSIBLE FOR AND ASSUME NO LIABILITY FOR ANY MISTAKES, MISSTATEMENTS OF LAW, DEFAMATION, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY OR PROFANITY IN THE STATEMENTS, OPINIONS, REPRESENTATIONS, OR ANY OTHER FORM OF CONTENT ON SUCH SITES. YOU UNDERSTAND THAT THE INFORMATION AND OPINIONS IN THE THIRD PARTY CONTENT REPRESENT SOLELY THE THOUGHTS, REPRESENTATIONS, AND IDEAS OF THE RESPECTIVE AUTHOR AND IS NEITHER ENDORSED BY, NOR DOES IT NECESSARILY REFLECT THE BELIEFS AND UNDERSTANDINGS OF THE FOUNDATION. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF ANY SUCH WEBSITES OR RESOURCES.
12. Disclaimer and Limitation of Liability
ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE FOUNDATON DOES NOT WARRANT THE ACCURACY OF INFORMATION CONTAINED ON ITS CONSTITUENT WEBSITES OR THOSE OF THIRD PARTIES. NOTHING ON THE SITE IS INTENDED TO BE CONSTRUED AS MEDICAL OR PSYCHOLOGICAL ADVICE; USERS SHOULD SEEK THE ADVICE OF A QUALIFIED MEDICAL PRACTITIONER BEFORE ENGAGING IN ANY HEALTH-RELATED REGIMEN. ALL SERVICES PROVIDED BY THE FOUNDATION THROUGH THE PROGRAM AND ON THE SITE ARE PROVIDED “AS IS” TO THE MAXIMUM EXTENT POSSIBLE BY LAW. THE FOUNDATION DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY THAT THE SERVICES SUPPLIED ARE OF A REASONABLY ACCEPTABLE QUALITY. THE FOUNDATION DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED, OR ERROR FREE, OR VIRUS-FREE. THE FOUNDATION DOES NOT WARRANT OR REPRESENT THE USE OF THE CONTENTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE FOUNDATION SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL, RELIANCE, OR SPECIAL DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR REVENUES. THE FOUNDATION SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS, OR DESTRUCTION OF YOUR NETWORK, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUD, OR ANY OTHER METHOD. THE FOUNDATION SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU MAY SUFFER ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR FACILITIES PROVIDED BY THE FOUNDATION, OR THE SUBSCRIPTION PROGRAM, OR IN CONNECTION WITH THE SALE OF PRODUCTS OR SERVICES OF OTHER SUBSCRIBERS OR USERS VIA THE WEBSITE, INCLUDING WITHOUT LIMITATION, THE BREACH OF ANY OBLIGATION IMPOSED ON CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF IT WERE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF SUCH CHARGE, THE FOUNDATION’S LIMITATION OF LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, ANY FEES PAID TO THE PROGRAM IN THE PREVIOUS SIX (6) MONTHS. YOU ACKNOWLEDGE BY YOUR SUBSCRIPTION TO THE PROGRAM AND YOUR USE OF SERVICES PROVIDED THEREUNDER THAT SUCH SUBSCRIPTION AND USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT THE FOUNDATION SHALL NOT IN ANY FORM WHATSOEVER BE LIABLE FOR DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, AND SHALL SURVIVE FAILURE OF ANY EXCLUSIVE REMEDY.
You agree to defend, indemnify and hold the Foundation and the Program, its subsidiaries, affiliates, successors and assigns, and their respective shareholders, directors, officers, employees, and agents harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or relating to your improper use or receipt of the Program, the Services, or otherwise in connection with the Foundation website, the Program, the Services, or any violation of you of this Agreement including, without limitation, any errors, inaccuracies, misrepresentations or defects in any materials or information submitted by you.
14. User Information
You authorize us to charge you for use of products or services provided for a fee at posted prices, if any (such prices subject to change at any time by the Foundation without any specific notice to you, beyond posting notification on the website), at such times as you specify upon enrollment or at time of purchase. All payments and/or donations shall be made in United States dollars. You represent and warrant that: (i) any credit card or other payment information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you are responsible to pay the charges incurred by you at the posted prices, including any applicable taxes.
You may cancel your subscription at any time simply by removing your Profile information from the Community Forum and cancelling your account. We will make our best efforts, but shall have no obligation, to honor e-mail requests to cancel an account. If you do not receive a confirmation e-mail, it is your responsibility to verify that your cancellation took place, by sending e-mail to CustomerService@jctefftfoundation.org. This agreement survives cancellation of your Subscription.
There shall be no refunds other than as warranted at time of purchase for any products sold. Donations made to the JC Tefft Foundation will not be refunded. You acknowledge and agree that in the event of any dispute over the date or nature of the refund requested, the Foundation shall not be liable for any charge greater than the most recent month’s subscription fee, if any, or the actual amount paid for products purchased. If purchasing items through the Site, refund policies, if any, shall be posted on the purchase page(s). If no provision for refund is explicitly stated, then there shall be no refunds for the product or service after purchase. You may request a refund by contacting us at CustomerService@jctefftfoundation.org.
18. Complete Agreement
If any provision of this Agreement shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provision hereof, which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of this Agreement.
Any claim, dispute, or controversy whether in contract, or tort, or pursuant to statute or regulation, or otherwise, whether pre-existing, present, or future, arising out of, or relating to this Agreement will be referred to and determined by arbitration to the exclusion of the courts. You agree to waive any right you may have to commence or participate in any class action against the Foundation or its affiliates related to any claim and, where applicable, you also agree to opt out of any class action proceeding against the Foundation or its affiliates. Should you believe that you have a claim, you must give written notice to the Foundation of your intent to arbitrate, and similarly, the Foundation will do the same with you. The arbitration shall be pursuant to the laws and rules relating to commercial arbitration in the State of Arizona.
21. Jurisdiction and Governing Law
This Agreement is governed by and shall be construed in accordance with the laws of the State of Arizona, without regard to the choice of law provisions, and you hereby submit to the exclusive jurisdiction of the courts of Arizona. Thus, you agree and acknowledge that your use of and any all Services, the Program, and the Site shall be deemed to have occurred and taken place solely in the State of Arizona.