THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE PROJECTHEAVENONEARTH.COM WEBSITES (THE "WEBSITES") OPERATED BY PROJECT HEAVEN ON EARTH ("PHOE"). BY USING THE WEBSITES, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEBSITES.
1. CHANGES TO THESE TERMS AND CONDITIONS
PHOE may, in its discretion, change, supplement or amend these Terms and Conditions as they relate to your future use of the Websites from time to time, for any reason, and without any prior notice or liability to you or any other person, by posting the modified Terms and Conditions on the Websites. You may not change, supplement, or amend these Terms and Conditions in any manner. Each time you use the Websites, you acknowledge and signify that you have read, understood, and agreed to be bound by these Terms and Conditions as they then read.
2. THE PHOE CUSTOMER AGREEMENT
These Terms and Conditions supplement the PHOE Customer Agreement, which may be revised from time to time.
3. PERMISSION TO USE THE WEBSITES
The Websites may be accessed and used only by individuals who are able to enter into legally binding and enforceable contracts. All providers and users of education/information classes and events under age 18 must have written permission from parents or legal guardian. A parent may email permission using a separate personal email address. Users of the Websites must comply with all applicable laws. Persons in jurisdictions may not use the Websites where access to or use of the Websites or any part of them may be illegal or prohibited. If you breach any provision of these Terms and Conditions, you may no longer use the Websites. PHOE may in its discretion refuse permission to access and use the Websites.
The Websites are made available to you for your lawful, personal, commercial use only. You may access and browse the Websites only using commercially available, SSL-capable Web browser software. You may print or download the pages of the Websites for your personal, non-commercial use, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Websites and their content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of PHOE. You may not reproduce, copy, duplicate, sell, or resell any part of the Websites or access to the Websites.
The Websites are provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties or representations of merchantability, fitness for a particular purpose, performance, durability, security, availability, or accessibility, all of which are hereby disclaimed by PHOE to the fullest extent permitted by law. You are solely responsible for: (a) obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for You to access and use the Websites; (b) scanning for and preventing the receipt and transmission of viruses, Trojan horses, worms or other destructive or disruptive components; and (c) maintaining a complete and current backup of all of the data contained on your computer system prior to accessing or using the Websites.
Regardless of the nature of the claim or the reasons for the loss and damages, PHOE’s liability is limited to foreseeable and direct damages only. PHOE will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Websites by you or any other person.
In no event will PHOE’s total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by PHOE‘s or any person for whom PHOE is responsible, exceed the lesser of US$25 or the purchase price of the Item that is the subject of the claim.
The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this Agreement.
5. NO ADVICE
The Websites are not intended to be a comprehensive or detailed statement concerning the matters addressed; professional or expert advice or recommendations; or recommendation to attend any class or event or set up any class or event. You should seek appropriate, qualified independent advice and recommendations before acting or omitting to act based upon any information provided on or though the Websites.
Communications sent to PHOE by means of the Websites or email is not considered delivered or effective unless and until they are actually received and processed by PHOE’s responsible representative.
7. WEBSITE CONTENT
PHOE is not obliged to monitor, screen, police or edit the use of the Websites, including postings of materials to the Websites, although PHOE reserves the right to do so in its discretion. PHOE will respond, as it considers appropriate, in its discretion, if it becomes aware of any inappropriate uses of the Websites, including without limitation uses that constitute copyright infringement. You may report any claims or concerns (including copyright infringement claims) regarding Websites or their content by sending an email to firstname.lastname@example.org.
8. OWNERSHIP OF THE WEBSITES
All content on PHOE Websites is proprietary and copyrighted. All Rights Reserved. The Websites and their content (including all information in text, graphical, video and audio forms, images, icons, software, design, applications and other elements available on or through the Websites) are the property of PHOE and others, and are protected by international copyright and other laws. Your use of the Websites does not transfer to you any ownership or other rights in the Websites or their content.
9. OTHER SITES
The Websites may include advertisements for, and links to, other websites or resources and businesses operated by other persons ("Other Sites"). Other Sites are independent from PHOE, and PHOE has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. PHOE does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against PHOE arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites.
10. LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the Websites without the express written permission of PHOE are strictly prohibited. To request permission to link to the Websites, please contact us using our Contact Page. The framing, mirroring, scraping or data mining of the Websites or any of their content in any form and by any method are strictly prohibited.
You may not use any collaborative browsing or display technologies in connection with your use of the Websites or to post comments, communications, or any other data of any kind to or on the Websites with the intention that other users of the Websites may view such postings.
11. PERSONAL INFORMATION PRIVACY
12. UNSOLICITED SUBMISSIONS
If you send any unsolicited ideas, suggestions or other materials, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names ("Submissions") to PHOE or the Websites, you automatically grant (or warrant that the owner of the Submissions grants) to PHOE, and its assigns, a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of PHOE or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favor of PHOE and its assigns.
PHOE may cause software to be available for you to download from the Websites or through other websites. The software is protected by copyright. These Terms and Conditions and the software license agreement specific to the software govern your downloading and use of the software.
13. OTHER MATTERS
These Terms and Conditions and all related matters are governed solely by the laws of the state of New Mexico and applicable federal laws of the United States, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. The United Nations Convention On Contracts For The International Sale Of Goods does not apply.
For all disputes between PHOE and you or any other person arising from, connected with or relating to the Websites, these Terms and Conditions, transactions facilitated or conducted through the Websites, Items ordered or purchased through the Websites, dealings between You and PHOE, or any related matters or any legal relationship associated therewith or derived there from ("Disputes"), the relevant parties will attempt to find a reasonable solution least onerous to the parties. If a Dispute cannot be resolved by the parties, then the Dispute must be placed before professionally certified mediators for negotiated resolution. If no resolution is possible from the mediation process both parties agree to certified arbitration. Both parties agree to consideration only of actual damages.
If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
No consent or waiver by either party to or of any breach by the other party of these Terms and Conditions will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach of these Terms and Conditions by that party. No consent or waiver will be effective unless in writing and signed by both parties.
You expressly request and require that these Terms and Conditions be drawn up in the English language.
Any rights not expressly granted in these Terms and Conditions are reserved to PHOE.
These Terms and Conditions are subject to change without notice.
Last Revised January 3, 2005