Use of Offerings
You agree to use all Earth Journeys Offerings in conformity with all applicable laws.
Limited License Use
All content contained on our Offerings (collectively, “Content “), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content is our exclusive property, protected by United States and international copyright laws, treaties and conventions.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark “) are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
This Agreement constitutes a personal, non-assignable license for you to use the Offerings or information provided in conformity with the systems or methods presented for your personal or existing business purposes not related to training or coaching. Any other duplication, dissemination, use or resale of said products or information is prohibited.
Intellectual Property Rights and Conditions
Earth Journeys does not sanction or approve the unauthorized use of content protected by copyright or other intellectual property rights. User represents and warrants that the use or publication of any content by User does not violate the intellectual property rights of any third party.
Payment
All Offerings, additional services or participation fees which may, where appropriate, include taxes or shipping fees, will be billed automatically to the credit card you designate. You authorize Earth Journeys to debit your credit card for all amounts owed by you, and you will keep the credit card you register for this purpose in good standing and with available open credit sufficient to cover any amounts arising under this Agreement. If, for any reason, the credit card that Earth Journeys has for you becomes cancelled, invalid, insufficient or unavailable for any reason you will immediately provide Earth Journeys with a replacement credit card and related information. All authorizations for this Agreement will apply to that replacement card. Payment may also be made via Electronic Fund Transfer.
All past due fees are subject to a late payment service charge at the rate of 1.5% per month or the maximum rate allowed by law, whichever is less.
No refunds, exchanges or credits will be given after thirty (30) days from the date of purchase.
No Representations or Warranties / Limitations on and Exclusions of Liability
All Offerings or content including all modifications thereof, and all acts or omissions undertaken or not undertaken relating to any of the foregoing are provided on an “as available” and “as is” basis. Except to the extent prohibited by applicable law, Earth Journeys disclaims all representations, warranties and commitments of any kind including, but not limited to, any and all implied warranties or other commitments of title, merchantability, quality of information or fitness for a particular purpose.
In no event shall Earth Journeys be liable for any indirect, punitive, special, incidental or consequential damages (including, without limitation, lost profits, revenue or savings, lost data or content, loss of or damage to business opportunity, business interruption or the like) arising out of or relating to this Agreement, or your use of any Earth Journeys products or content. In addition, Earth Journeys shall have no responsibility or liability for damages caused by delays or other issues caused by third party suppliers or delivery services. In any case, Earth Journeys’s entire liability under this Agreement or in any way related to the subject matter hereof shall be limited in the aggregate and regardless of the number or timing of the claims asserted to the greater of $2,000.00 or the payments received by Earth Journeys for the twelve (12) calendar months immediately preceding the month in which the claim is first filed or asserted against Earth Journeys. These terms shall apply whether or not Earth Journeys has been advised of the possibility or likelihood of the loss, injury, damage or liability suffered or excluded and regardless of the theory of relief asserted (e.g. whether in contract, tort, negligence, breach of warranty, strict liability in tort or by statute or otherwise). Any action against Earth Journeys for relief of any kind must be brought within one (1) year after the cause of the action arose. The terms of this section represent important agreed and bargained for understandings of the parties and Earth Journeys’s compensation hereunder reflects such terms.
Indemnification
You agree to indemnify Earth Journeys as well as its directors, officers, agents, employees, and independent contractors and hold them harmless from and against any and all claims and expenses, including attorneys’ fees arising from your use of Earth Journeys Offerings or from your breach of this Agreement.
Survival
The following provisions will survive the termination of this Agreement: No Representations or Warranties/Limitations on and Exclusions of Liability; Indemnification.
Assignment
You may not assign this Agreement and any attempted assignment shall be void. Earth Journeys may delegate all or part of the performance of its obligations under this Agreement to independent contractors or other businesses.
Severability
If a court holds any provision of this Agreement to be illegal, invalid or unenforceable the rest of this Agreement shall remain in effect and this Agreement will be amended to give effect to the eliminated provision to the maximum extent possible.
Entire Agreement
This Agreement, including but not limited to the terms and conditions that apply to any Offering, constitutes the entire agreement between you and Earth Journeys with respect to the subject matter hereof and supersedes any other agreement, proposals and communications, written or oral between Earth Journeys and you with respect to the subject matter hereof.