Effective: June 28, 2021

Acceptance of Terms of Use

Welcome to the Climate Awakening Project (the “Project,” “we,” “us,” or “our”).  The Project operates an online communication platform, allowing participants to connect with others, discuss the emotional impacts of climate change, and hopefully feel better equipped to break the cycle of silence existing around this public issue.  The following terms and conditions (“Terms of Use”) are entered into by and between you and the Project and govern your access to and use of climateawakening.org (the “Website”), including the small, interactive group sharing and listening sessions about the climate emergency (the “Climate Emotions Conversations”) at VoiceVoice.com, or any of our other content, products, functionality, and services (collectively, the “Services”) offered on, through or in connection with the Website.  In the Terms of Use, “you” and “your” refer to a user of the Services.  A “user” is you or anyone (including, but not limited to, an entity, an entity representative, agent, contractor, affiliate, or employee), who accesses, browses, or in any way uses the Services.

Please read the Terms of Use carefully before you use the Website or any additional Services.  By using the Website and Services:

• You accept and agree to be bound and abide by these Terms of Use and The Climate Mobilization’s Privacy Policy found here, incorporated herein by reference.
• You acknowledge that you have read, understand, and accept these Terms of Use and any additional documents or policies referred to in or incorporated into these Terms of Use, whether you are participating as a guest or as a registered user.
• If these Terms have materially changed since you last access or used the Services, you acknowledge and agree that your continued access or use of the Services constitutes your acceptance of the changed Terms.
• You represent and warrant that you are at least thirteen (13) years of age and have the right, authority, and capacity to enter into these Terms, either on behalf of yourself or the entity that you represent.
• You consent to receive electronic communications from us, and agree that such electronic communications, notices, and postings satisfy any legal requirements that such communications be in writing.

Changes to the Terms of Use

As we regularly improve our Services, we may review and revise these Terms of Use from time to time at our sole discretion.  All changes are effective immediately when posted and apply to all access to and use of the Website thereafter.  Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.  You are encouraged to regularly check these Terms of Use to stay aware of any changes as they apply to all users.

Access to the Website

You are responsible for making all arrangements necessary for you to have access to the Website.  When accessing the Website or the Services offered, you may be asked to provide specific registration details or other personal information, including your name, phone number, and email.  You agree that all information you provide will be accurate, current, complete, and will be governed by our Privacy Policy.

No Medical or Mental Health Advice

The Website and its contents are for general interest purposes only and do not constitute personal medical or mental health advice.  Nothing stated or implied on this Website should be taken, or construed in any way, as legal, medical, or mental health advice.  Viewing the information on this Website and/or taking part in any Services is not intended to create and does not constitute a therapist relationship.  Users should seek individual professional medical and/or mental health advice as needed.  The information on this Website, including any Services, should not be used in place of a visit, call, consultation, or advice of your health care provider or mental health care provider.  This Website does not recommend the self-management of health or mental health issues.  Should you have any health care or mental health related questions, please call or see your physician, other health care provider, or mental health care provider promptly.  We represent and warrant, and User acknowledges, that we do not practice medicine and that the Services offered, and results obtained from the use of the Services do not constitute and should not be a substitute for medical advice or mental health advice.

If you or someone you know has a mental illness, is struggling emotionally, or has concerns about their mental health, there are ways to get help.  Please consider visiting the National Institute of Mental Health for resources for you, a friend, or a family member.

User Contributions

The Website may contain chat rooms and other interactive features (collectively, “Online Platforms”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in Terms of Use.  Any User Contribution you post to the Website will be considered non-confidential and non-proprietary.

You represent and warrant that:

• You own or control the rights in and to the User Contributions and have the right to grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to publish, display or transmit the User Contributions.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Project, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Content Standards/Prohibited Uses (Your Restrictions and Responsibilities)

These content standards apply to all User Contributions and use of Online Platforms.  User Contributions must in their entirety comply with all applicable federal, state, local, and international laws, and regulations.  Without limiting the foregoing, User Contributions must not:

• Incorporate content that expressly or implicitly promotes, markets, or advertises products or services in a commercial (rather than purely informational) manner.
• Be recorded (or otherwise memorialized) or distributed by a User without our sole and express permission.
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Violate the legal rights (including intellectual property rights and the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Be designed to cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, harass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they originate from or are endorsed by us or any other person or entity unless such impression is accurate.

Monitoring and Enforcement; Termination

We reserve the right to:

• Regularly record and monitor the Climate Emotions Conversations, including all User Contributions, for quality control and/or user support purposes.
• Remove any user from participation in the Services, including the Climate Emotions Conversations, at any time and without notice, if we deem the user is being disruptive, making other participants uncomfortable, or for any other reason at our sole discretion.
• Take any action for any User Contribution that we deem necessary or appropriate at our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Project.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we retain the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE PROJECT AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS ARISING FROM ANY ACTION TAKEN BY THE PROJECT OR ANY OF THE FOREGOING PARTIES DURING OR TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE PROJECT, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

While we regularly record and monitor our Website for quality control purposes, we cannot review all User Content before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted.  As such, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.  We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

Disclaimer of Warranties

WE MAKE NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, CONDITIONS, OR WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS EXPRESSLY SET FORTH HEREIN.  WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ANY OTHER WEBSITE LINKED THEREIN.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OCCURS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE PROJECT NOR ANY PERSON ASSOCIATED WITH THE PROJECT MAKES ANY WARRANTY OR REPRESENTATION FOR THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER THE PROJECT NOR ANYONE ASSOCIATED WITH THE PROJECT REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICE OR ITEM OBTAINED THEREIN WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Geographic Restrictions

The owner of the Website is based in the State of New York in the United States.  We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries.  If you access the Website from outside the United States, you do so on your own accord and are responsible for compliance with local laws.

Waiver and Severability

No waiver by the Project of any term or condition outlined in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.  Any failure of the Project to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

In the event that any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE PROJECT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE EVEN IF FORESEEABLE.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH ACTION OR CLAIM IS PERMANENTLY BARRED.

Indemnification

You agree to defend, indemnify, and hold harmless the Project, its affiliates, licensors and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, use of any Services, your User Contributions posted to the Online Platforms, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed according to the internal laws of the State of New York without giving effect to any choice or conflict of law provision (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the court of the State of New York, in each case located in the City of New York, and County of New York.  However, we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.  You waive all objections to the exercise of jurisdiction over you by such courts and venue in such courts.

Additional Terms

We own and operate the Website in addition to organizing the Climate Emotions Conversations.  The Climate Emotions Conversations are hosted on a platform owned and operated by VoiceVoice Inc., a wholly separate entity.  Please direct all feedback, comments, requests for technical support, and other communications relating to the Website should be directed to Info@climateawakening.org.

Entire Agreement

The Terms and Use and our Privacy Policy constitute the sole and entire agreement between you and the Project with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.