Terms & Conditions of Use
Effective: June 28, 2021
- 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.
Access to the Website
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.
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.
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.
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.
- 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.
- 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.
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.
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
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
Governing Law and Jurisdiction
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.