Terms of Use
Welcome to The Mothering Earth Project’s Terms + Conditions.
There are a few terms that govern your use of our website and services; the terms are set out in these terms of use (the “Terms of Use”). Please review the Terms of Use carefully. If you do not agree to these Terms of Use, you should not use our website or any of the programs, services, and materials made available through this website. “Mothering Earth”, “us”, “we”, “I”, or “our” refers to The Mothering Project LLC. The term “you” refers to the user or viewer of The Mothering Earth Project LLC (as defined below).
Acceptance of Agreement
By using our website and the programs and materials made available through the website, you agree to comply with and be bound by these Terms of Use. These Terms of Use apply to and govern The Mothering Earth Project website available at and through www.motheringearthproject.com (the “Site”) and any programs, content, or materials you sign up for and/or access through the Site. These Terms of Use constitute the entire agreement between you and The Mothering Earth Project about The Mothering Earth Project and your use thereof and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to The Mothering Earth Project. These Terms of Use may be amended at any time by us from time to time without specific notice to you. The most recent version of these Terms of Use will be posted on the Site, and your continued use of The Mothering Earth Project, in whole or in part, after such changes are posted constitutes your agreement to such revised Terms of Use.
Proprietary Rights
The content, organization, graphics, design, compilation, digital conversion, and other matters related to The Mothering Earth Project are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any part of The Mothering Earth Project, except as expressly allowed under the Limited License set forth in the “Limited License” section below, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed or accessed through The Mothering Earth Project. Posting information or materials on the Site or making information or materials available through The Mothering Earth Project does not waive any of our rights in such information and materials. Some of the content on The Mothering Earth Project is the copyrighted work of third parties, and such material is the property of the relevant licensor.
“motheringearthprojectl.com” and others are the service marks, registered service marks, or trademarks of The Mothering Earth Project, and nothing in The Mothering Earth Project transfers any rights in or to such marks to you. Other product and company names mentioned in The Mothering Earth Project may be trademarks of their respective owners, and nothing in The Mothering Earth Project transfers any rights in or to such marks to you. The Mothering Earth Project and our licensors retain all rights in and to our marks.
Registration
Certain sections of, or offerings from, The Mothering Earth Project may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
Limited License
You are granted a non-exclusive, non-transferable, revocable, limited license
(a) to access and use The Mothering Earth Project strictly in accordance with these Terms of Use and any applicable additional terms;
(b) to use The Mothering Earth Project solely for internal, personal, non-commercial purposes; and
(c) to print out or electronically store discrete information from The Mothering Earth Project solely for internal, personal, non-commercial purposes and provided that you respect and maintain all copyright and other proprietary rights and notices contained therein. No printout or electronic version of any part of The Mothering Earth Project or their contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
All other uses of The Mothering Earth Project are outside of the license granted by these Terms of Use and will be a violation of these Terms of Use.
Restrictions on Use
The license granted to you in the “Limited License” section hereof is subject to the following restrictions on use:
You may not:
(a) copy, print (except as expressly permitted under the “Limited License” section above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of The Mothering Earth Project;
(b) use The Mothering Earth Project to develop in whole or in part, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
(c) create compilations or derivative works of any Content and Materials from The Mothering Earth Project;
(d) use any part of The Mothering Earth Project in any manner that may infringe any copyright, intellectual property right, or proprietary right of ours or of any third party;
(e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in The Mothering Earth Project;
(f) make any portion of The Mothering Earth Project available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future;
(g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture;
(h) use any automatic or manual process to harvest information from The Mothering Earth Project in violation of these Terms of Use;
(i) use The Mothering Earth Project for the purpose of gathering information for or transmitting
(1) unsolicited commercial email;
(2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and
(3) unsolicited telephone calls or facsimile transmissions;
(j) use The Mothering Earth Project in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and
(k) export or re-export The Mothering Earth Project 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.
Linking to the Site
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
Third-Party Content and Services
The Mothering Earth Project may contain or link to third-party content, including but not limited to advertising and sponsorships. Third-party content is the responsibility of its licensor and The Mothering Earth Project has no responsibility or liability for third-party content, including any errors or inaccuracies therein or for content that is offensive, obscene, or otherwise illegal. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
We may allow access to certain third-party product or service providers from whom you may purchase certain goods or services (“Merchants”). You understand that we do not operate or control the products or services offered by Merchants and accept no responsibility or liability for any Merchant websites, products or services. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and a Merchant. You agree that use of a Merchant website and/or purchase from a Merchant is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, WHETHER EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND A MERCHANT OR FOR ANY INFORMATION APPEARING ON A MERCHANT WEBSITE OR ANY OTHER WEBSITE LINKED TO OUR SITE.
Our Site does contain affiliate marketing links, limited to products that we recommend and know and love, made by companies we admire and support. When you use an affiliate link to purchase a product, The Mothering Earth Project will receive a small commission on that purchase. All the terms above regarding third-party content and services apply to the websites, products, and services available through our affiliate marketing links.
Use of Information; Privacy Policy
We own all usage data about the Site and The Mothering Earth Project and own all remarks, suggestions, and ideas, provided by you to us about The Mothering Earth Project (“Feedback”). We will not be required to treat any Feedback as confidential and may use such Feedback in product development, service development, marketing materials, or for any other use in any medium, without compensation to you. You acknowledge that you are responsible for whatever Feedback or other material you submit, and you are solely responsible for the Feedback.
Our Privacy Policy is hereby made a part of these Terms of Use. By using The Mothering Earth Project, you agree to our Privacy Policy, available at motheringearthproject.com/privacy-policy/.
Payments
You agree that any payments you make to us for The Mothering Earth Project or otherwise are valid and that you will use one of our preferred payment vendors (currently PayPal) to make such payments. All payments made through a payment vendor are subject to the terms of use of such payment vendor.
Unlawful Activity
We reserve the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Disclaimer
THE MOTHERING EARTH PROJECT AND ALL INFORMATION, CONTENT, DOCUMENTS AND MATERIALS THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND WE DISCLAIM ANY WARRANTIES THEREFORE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE MOTHERING EARTH PROJECT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE MADE AVAILABLE OR ACCESSIBLE THROUGH THE MOTHERING EARTH PROJECT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, NEITHER WE NOR OUR AFFILIATED PARTIES ARE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATIONS ARE ESSENTIAL ELEMENTS OF THESE TERMS OF USE. THE MOTHERING EARTH PROJECT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE MOTHERING EARTH PROJECT OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE.
We do not represent or warrant that The Mothering Earth Project will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through The Mothering Earth Project will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or content of The Mothering Earth Project at any time. We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on or in The Mothering Earth Project.
Indemnification
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, ‘Affiliated Parties’;) harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of these Terms of Use or use of The Mothering Earth Project.
Limitation of Liability
Neither us nor any Affiliated Party shall be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from The Mothering Earth Project or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of The Mothering Earth Project, (d) the content contained on The Mothering Earth Project, or (e) any delay or failure in performance beyond the control of a Covered Party. (b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
DMCA Notice
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; b. A description of the copyrighted work that you claim has been infringed; c. A description of where the material that you claim is infringing 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 above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent here.
Dispute Resolution; Governing Law
These Terms of Use shall be treated as though it were executed and performed in the State of California in the United States, and shall be governed by and construed in accordance with the laws of the State of California in the United States (without regard to conflict of law principles). Any cause of action by you with respect to The Mothering Earth Project (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Use. Any legal controversy or legal claim arising out of or relating to these Terms of Use or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California in the city of San Francisco, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in the State of California necessary to protect the rights or property of you and us pending the completion of arbitration.
Miscellaneous
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of The Mothering Earth Project. The language in these Terms of Use shall not be construed to be in favor or against any party hereto. Should any part of these Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. These Terms of Use and your information may be assigned by us in our sole discretion to a successor-in-interest in the event of an acquisition, sale or merger of The Mothering Earth Project. Our rights under these Terms of Use shall survive any termination of these Terms of Use.