Eckhart Tolle Foundation Terms of Use
This website is operated by Eckhart Tolle Foundation.
These terms of use
are an agreement between you and the Eckhart Tolle Foundation, a charitable foundation
existing under the laws of the State of Colorado and our affiliates and
subsidiaries. The use of our website is subject to the following terms and
conditions of use, as amended from time to time, with or without any specific
notice to you (“Terms”). The Terms are to be read together by you with any
terms, conditions, or disclaimers provided in the pages of our website. Please
review the Terms carefully. The Terms apply to all users of our website,
including without limitation, users who are browsers, customers, merchants,
vendors, and/or contributors of content.
By accessing and using
our website, you acknowledge that you have read, understand, accept, and agree
to be bound by and comply with the Terms and our Privacy Policy in full, as
amended from time to time. If you disagree with these Terms or any part of
these Terms, you are not authorized to access our website. If you register with
our website or buy any product or service from our website, we will ask you to
expressly agree to these Terms.
Our website uses
cookies. By using our website and agreeing to these Terms, you consent to our
use of cookies in accordance with the terms of our privacy policy.
(1) Exclusion of
warranties, representations and guarantees
We do not warrant,
represent, or guarantee:
- the accuracy of
the information published on this website;
- the
completeness of the information published on this website;
- that the
information published on this website is up-to-date;
- or the
information on the website can be applied to achieve any particular
result.
To the maximum
extent permitted by applicable law we exclude all representations, warranties
and guarantees relating to this website and the use of this website including,
without limitation, any warranties implied by law of satisfactory quality,
fitness for purpose, and/or the use of reasonable care and skill.
You assume all
responsibility and risk with respect to your use of our website, which is
provided “as is” without warranties, representations, or conditions of any
kind, either express or implied, with regard to information accessed from or
via our website, including without limitation, all content and materials, and
functions and services provided on our website, all of which are provided
without warranty of any kind, including but not limited to warranties
concerning the availability, accuracy, completeness, or usefulness of content
or information, uninterrupted access, and any warranties of title,
non-infringement, merchantability or fitness for a particular purpose. We do not
warrant that our website or its functioning or the content and material of the
services made available thereby will be timely, secure, uninterrupted, or
error-free, that defects will be corrected, or that our websites or the servers
that make our website available are free of viruses or other harmful
components.
The use of our
website is at your sole risk, and you assume full responsibility for any costs
associated with your use of our website. We will not be liable for any damages
of any kind related to the use of our website.
(2) Limitations and
exclusions of liability
Nothing in these Terms
will: (a) limit or exclude our or your liability for death or personal injury
resulting from negligence; (b) limit or exclude our or your liability for fraud
or fraudulent misrepresentation; (c) limit any of our or your liabilities in
any way that is not permitted under applicable law; or (d) exclude any of our
or your liabilities that may not be excluded under applicable law.
The limitations and
exclusions of liability set out in this Section and elsewhere in these Terms:
(a) are subject to the preceding paragraph; and (b) govern all liabilities
arising under the Terms or in relation to the subject matter of the Terms,
including liabilities arising in contract, in tort, including negligence, and
for breach of statutory duty.
To the extent that
the website and the information and services on the website are provided
free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be
liable to you in respect of any losses arising out of any event or events
beyond our reasonable control.
We will not be
liable to you in respect of any business losses.
We will not be
liable to you in respect of any loss of or damage to profits, income, revenue,
or anticipated savings.
We will not be
liable to you in respect of any loss of use or production.
We will not be
liable to you in respect of any loss of management time or office time.
We will not be
liable to you in respect of any loss of business, contracts, commercial
opportunities, or goodwill.
We will not be
liable to you in respect of any loss or corruption of any data, database, or
software.
We will not be
liable to you in respect of any special, indirect, or consequential loss or
damage.
We will not be
liable to you in respect of any losses arising out of any acts or omissions of
any hosting services provider, payment services provider, or other third-party
services provider.
You accept that we
have an interest in limiting the personal liability of our directors, officers,
agents, contractors, and employees. Having regard to that interest, you accept
that we are a limited liability entity and agree that you will not bring any
claim personally against individual directors, officers, agents, contractors,
or employees in respect of any losses you suffer in connection with the website
or these Terms. This will not, of course, limit or exclude the liability of the
company itself for the acts and omissions of our members and employees.
(3) Errors and
Omissions
Please note that our
website may contain typographical errors or inaccuracies and may not be
complete or current. We reserve the right to correct any errors, inaccuracies,
or omissions and to change or update information at any time, without prior
notice, including after an order has been submitted. Such errors, inaccuracies,
or omissions may relate to product description, pricing, promotion, and
availability and we reserve the right to cancel or refuse any order placed
based on incorrect pricing or availability information, to the extent permitted
by applicable law.
We do not undertake
to update, modify, or clarify information on our website, except as required by
law.
(4) User and Third-party
Use and Content
You acknowledge that
some of the information published on this website is submitted or provided by
users and other third parties, and that we do not usually review, approve, or
take editorial responsibility for such information.
You acknowledge that
you are responsible for the information, profiles, opinions, messages, comments,
and any other content (collectively, the “Content”) that you post, distribute,
or share on or through our website or services available in connection with our
website. You further acknowledge that you have full responsibility for the
Content, including but limited to, with respect to its legality, and its
trademark, copyright, and other intellectual property ownership.
You agree that any
Content submitted by you in response to a request by us for a specific
submission may be edited, adapted, modified, recreated, published, or
distributed by us. You further agree that we are under no obligation to maintain
any Content in confidence, to pay compensation for any Content or to respond to
any Content.
You agree that you
will not post, distribute, or share any Content on our website that is
protected by copyright, trademark, patent, or any other proprietary right
without the express consent of the owner of such proprietary right.
You shall use the
Services for lawful purposes only. You shall not post or transmit through the
Site any material that violates or infringes in any way upon the legally
recognized rights of others, that is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights, vulgar, that constitutes
hate speech intended to insult any race, color, religion, sexual orientation,
national origin, other protected characteristic or action, or otherwise
encourages conduct that would constitute a criminal offense, gives rise to
civil liability or otherwise violates any law, or that contains any computer
viruses, malware, or computer programs that are intended to damage,
detrimentally interfere with, or surreptitiously intercept or expropriate any
system data or information. Your use of the website is made available for your
personal non-commercial use only. You may not use the website to sell a product
or service or to increase traffic to your website for commercial purposes, to
advertise or perform any commercial solicitation, to become users, members or
customers of other services. You may not “meta-search” the Site.
You will be solely
liable for any Content that you make and its accuracy. We have no
responsibility and assume no liability for any Content posted by you or any
third-party.
We reserve the right
to terminate your ability to post on our website and to remove and/or delete
any Content that we deem objectionable. You consent to such removal and/or
deletion and waive any claim against us for the removal and/or deletion of your
Content.
You agree to the
publication of comments, reviews, and/or feedback relating to you, by others,
on our website. You acknowledge that such comments, reviews, and/or feedback
may be critical or defamatory or otherwise unlawful; and you agree that you
will not hold us liable in respect of any such comments, reviews, and/or
feedback, irrespective of whether we are aware or ought to he been aware of
such comments, reviews, and/or feedback.
(5) Ownership
Unless otherwise
expressly noted, all materials, without limitation, all information, materials,
data, text, music, sound, graphics, messages, images, illustrations, designs,
icons, photographs, software, video clips, and written and other materials that
are part of our website, including, without limitation, services provided, are
protected by copyright, trademarks, trade secret and patent rights, trade dress
and/or other intellectual properties owned by or licensed to Eckhart Tolle
Foundation. No right, title, or interest in any downloaded materials or
software is transferred to you as a result of any such copying. You agree that
you will not alter or remove any copyright notice or proprietary legend
contained in the Web site and you agree that any copy made shall include the
Eckhart Tolle Foundation or any third-party provider’s copyright notice or any
other notice included therein. No other permission is granted to you from the
previous sentence. Eckhart Tolle Foundation and others are our service marks or
registered service marks or trademarks. Other product and company names
mentioned on the Site may be trademarks of their respective owners.
You agree not to use
any robot, spider, or other automatic device, nor may you use any process to
monitor materials available through the Site without our express authorization.
You agree not to derive or attempt to derive any source code, source files, or
structure of all or any portion of the Site contents by reverse engineering,
disassembly, decompiling or otherwise. Further, you may not use the Site in a
manner that violates any state or federal law regulating email, facsimile
transmissions, or telephone solicitations; nor export or re-export the Site or
any portion thereof, or any software available on or through the Site, in
violation of the export control laws or regulations of the State of Colorado or
the United States.
You agree not to remove
any proprietary notices, or attempt to disable, bypass, modify, defeat, or
otherwise circumvent any digital rights management, authentication, or security
system used as part of the Sites, Content, or User Contributions or any host,
network, system, or account related thereto; or interfere with or disrupt the
proper functioning of the Sites, Content, User Contributions, or of any
Foundation networks or systems, including those used by the Foundation or
Foundation Third Parties to host or provide the Sites; or use the Sites,
Content, or User Contributions for any purpose or in any manner that is
unlawful or violates any applicable local, state, national, or international
law, use the Sites, Content, or User Contributions in a way that suggests you
are a representative of the Foundation or for any lobbying or political
activities; or cause damage to the Foundation’s business, reputation, directors,
officers, agents, contractors, employees, members, facilities, or to any other
person or legal entity.
(6) Website
availability
From time to time
the website or features of the website will be unavailable. Such unavailability
may be the result of defects in the website software, scheduled or emergency
maintenance procedures, or failures of third-party service providers.
We do not commit to
ensuring that the website will be available at any particular time. Furthermore,
we do not commit to ensure that the website will continue to be published in
the future.
(7) License to use
website
By submitting content to any public or
non-public area of the Site, including message boards, forums, contests and
chat rooms, you grant the Company and its affiliates the royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
communicate to the public, perform and display the content (in whole or in
part) worldwide and/or to incorporate it in other works in any form, media, or
technology now known or later developed, for the full term of any rights that
may exist in such content, and the right to license others to do the same. You
also permit any user to access, display, view, store and reproduce such content
for personal use or for the organization’s internal use for the purposes
described on the Site. Subject to the foregoing, the copyright owner of such
content placed on the Site retains any and all rights
that may exist in such content.
Unless otherwise
stated, we or our licensors own the intellectual property rights in the website
and material on the website. Subject to the licence below, all these
intellectual property rights are reserved.
You may view,
download for caching purposes only, and print pages from the website for your
own personal use, subject to the restrictions set out below and elsewhere in
these Terms of use. You must not: (a) republish material from this website, including
republication on another website; (b) sell, rent or sub-license material from
the website; (c) show any material from the website in public; (d) reproduce,
duplicate, copy or otherwise exploit material on our website for a commercial
purpose; (e) edit or otherwise modify any material on the website; or (f)
redistribute material from this website, except for content specifically and
expressly made available for redistribution, such as our newsletter.
Where content is
specifically made available for redistribution, it may only be redistributed
within your organization.
(8) Acceptable use
You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website, or to gain unauthorized access to our systems; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to, any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction and data harvesting, on or in relation to our website without our express written consent. You must not use our website to transmit or send unsolicited commercial communication. You must not use our website for any purposes related to marketing without our express written consent.
You agree to provide
us with accurate personal information, such as your email address, mailing
address and other contact details in order to complete your order or contact
you as needed. You agree to promptly update your account and information. You
authorize us to collect and use this information to contact you in accordance
with our Privacy Policy.
(9) Restricted
access
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion. If we provide you with or you generate a password to enable you to access restricted areas of our website or other content or services, you must ensure that that password is kept confidential. You must notify us in writing immediately if you become aware of any unauthorized use of your account or password. You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure. You must not use any other person’s user ID and password to access our website. We may disable your account on the website in our sole discretion without notice or explanation.
You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of our website or for any service, content, feature, or product offered through our website,
(10) Products or
Services
All purchases
through our website are subject to product availability. We may, in our sole discretion,
limit or cancel the quantities offered on our website or limit the sales of our
products or services to any person, household, geographic region or
jurisdiction.
Prices for our
products are subject to change, without notice. Unless otherwise indicated,
prices displayed on our website are quoted in US dollars.
We reserve the
right, in our sole discretion, to refuse orders, including without limitation,
orders that appear to be placed by distributors or resellers. If we believe
that you have made a false or fraudulent order, we will be entitled to cancel
the order and inform the relevant authorities.
We do not guarantee
the accuracy of the color or design of the products on our website. We have
made efforts to ensure the color and design of our products are displayed as
accurately as possible on our website.
(11) User Content
In these Terms,
“your content” means material, including without limitation text, images, audio
material, video material and audio-visual material, that you submit to our
website, for whatever purpose.
You grant to us a
worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce,
adapt, publish, translate, and distribute your content in any existing or
future media. You also grant to us the right to sub-license these rights, and
the right to bring an action for infringement of these rights. You warrant and
represent that your content will comply with these Terms. Your content must not
be illegal or unlawful, must not infringe any third party’s legal rights, and
must not be capable of giving rise to legal action whether against you or us or
a third party in each case under any applicable law.
You acknowledge that
you are responsible for the information, profiles, opinions, messages, comments,
and any other content (collectively, the “Content”) that you post, distribute,
or share on or through our website or services available in connection with our
website. You further acknowledge that you have full responsibility for the
Content, including but limited to, with respect to its legality, and its
trademark, copyright, and other intellectual property ownership.
Your content and its
publication on our website must not: (a) be libelous or maliciously false; (b)
be obscene or indecent; (c) infringe any copyright, moral right, database
right, trade mark right, design right, right in passing off, or other
intellectual property right; (d) infringe any right of confidence, right of
privacy, or right under data protection legislation; (e) constitute negligent
advice or contain any negligent statement; (f) constitute an incitement to
commit a crime; (g) be in contempt of any court, or in breach of any court
order; (h) be in breach of racial or religious hatred or discrimination
legislation; (i) be blasphemous; (j) be in breach of official secrets
legislation; (k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner; (m) be
pornographic or sexually explicit; (n) be untrue, false, inaccurate or
misleading; (o) consist of or contain any instructions, advice or other
information which may be acted upon and could, if acted upon, cause illness,
injury or death, or any other loss or damage; (p) constitute spam; (q) be
offensive, deceptive, threatening, abusive, harassing, or menacing, hateful,
discriminatory or inflammatory; or (r) cause annoyance, inconvenience or
needless anxiety to any person.
Your content must be
appropriate, civil, tasteful, and accord with generally accepted standards of
etiquette and behavior on the internet. You must not use our website to link to
any website or web page consisting of or containing material that would, were
it posted on our website, breach the provisions of these Terms.
You must not submit
any user content to the website that is or has ever been the subject of any
threatened or actual legal proceedings or other similar complaint.
We reserve the right
to edit or remove any material submitted to our website, or stored on our
servers, or hosted or published upon our website.
Notwithstanding our
rights under these Terms in relation to user content, we do not undertake to
monitor the submission of such content to, or the publication of such content
on, our website.
If you become aware
of any content on the website that breaches these Terms, please notify us
immediately by email or using our website contact form.
(12) Third party
websites
Our website includes
hyperlinks to other websites owned and operated by third parties. Links from or
to websites outside our website are meant for convenience only. These links are
not recommendations. We have no control over the contents of third-party websites,
and we accept no responsibility for them or any liability for any loss or
damage that may arise from your use of them. We do not review, endorse,
approve, or control, and are not responsible for any sites linked from or to
our website, the content of those sites, the third parties named therein, or
their products and services.
Links to
downloadable software sites are for convenience only and we are not responsible
or liable for any difficulties or consequences associated with downloading the
software. Use of any downloaded software is governed by the terms of the
license agreement, if any, which accompanies or is provided with the software.
(13) Intellectual
property rights
We own the
intellectual property rights in the content on this website. All our
intellectual property rights are reserved.
(14) No Commissions
We do not deal with
people desiring to be paid for services, support, or other activities unless we
intentionally enter into an express contract to do so. This means, for example,
that we do not pay commissions or other sums to anyone who helps arrange a
grant, fulfill of a job, or anything else, unless we have expressly contracted
to do so in writing prior to any such arrangement. We may also use, delete, or
ignore any information you provide without paying you anything and without
undertaking any duties to you or anyone else. If you do not agree to this
restriction, then do not submit any information.
(15) Indemnity
You hereby agree to
defend and indemnify us, which includes our respective directors, officers,
agents, contractors, and employees, hold us and our affiliates harmless, and
undertake to keep us indemnified against any losses, claims, damages, costs,
liabilities and expenses, including without limitation attorneys’ fees, legal
expenses and any amounts paid by us to a third party in settlement of a claim
or dispute, incurred or suffered by us arising out of any breach by you of any
provision of these Terms, or arising out of any claim that you have breached
any provision of these Terms, in any way arising from, related to or in
connection with your use of our website, or the posting or transmission of any
materials on or through the website by you, including but not limited to, any
third party claim that any information or materials provided by you infringe
upon any third party proprietary rights.
(16) Breaches of
these Terms
Without prejudice to
our other rights, if you breach these Terms of use in any way, or if we
reasonably suspect that you have breached these Terms of use in any way, we
may: (a) send you one or more formal warnings; (b) temporarily suspend your
access to the website; (c) permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the website; (e)
contact your internet services provider and request that they block your access
to the website; (f) bring court proceedings against you for breach of contract
or otherwise; (g) suspend and/or delete your account with the website; and/or
(h) delete and/or edit any or all of your content.
Where we suspend or
prohibit or block your access to our website or a part of our website, you must
not take any action to circumvent such suspension or prohibition or blocking, including
without limitation creating and/or using a different account.
(17) Variation
We may revise these Terms
from time-to-time. Revised Terms will apply to the use of our website from the
date of the publication of the revised Terms on our website. You agree to
periodically review these Terms for changes and you can review the most current
Terms at any time at https://eckharttollefoundation.org/terms-and-conditions.
Updated Terms are binding on you as of the effective date indicated in our
notice. Your continued use of the Sites after the effective date indicates your
acceptance of the updated Terms, even if you have not reviewed them. If, at any
time, you do not agree to the Terms, do not use the Sites.
(18) Termination
We may deny or
suspend access or terminate your use of the Sites in our sole and absolute
discretion at any time and without prior notice. We may suspend or terminate
the Sites and terminate these Terms, in our sole and absolute discretion at any
time and without prior notice and take whatever action we deem necessary to
preserve the integrity of the Sites and Content. Termination will not limit any
of the Foundation’s rights or remedies. The foregoing does not impair the
enforceability of additional agreements you enter into with us, such as an
agreement for a grant.
(17) Assignment
You hereby agree
that we may transfer, sub-contract or otherwise deal with any or all of our
rights and/or obligations under these Terms. You may not transfer, sub-contract,
or otherwise deal with your rights and/or obligations under these Terms without
obtaining our prior written consent.
(18) Severability
If any provision of
these Terms is determined by any court or other competent authority to be
unlawful and/or unenforceable, the other provisions will continue in effect. If
any unlawful and/or unenforceable provision would be lawful or enforceable if
part of it were deleted, that part will be deemed to be deleted, and the rest
of the provision will continue in effect.
(19) Waiver
Our failure to
exercise or enforce any right or provision of the Terms will not constitute a
waiver of such right or provision. A waiver by us of any default will not
constitute a waiver of any subsequent default. No waiver by us is effective
unless it is communicated to you in writing.
(20) Entire
agreement
The Terms, together
with our privacy policy, constitute the entire agreement between you and us in
relation to your use of our website and the subject matter of the Terms, and
supersede all previous agreements in respect of your use of this website
whether oral or in writing. Both you and we acknowledge that, in entering into
these Terms, neither you nor we have relied on any representation, undertaking
or promise given by the other or implied from anything said or written between
you and us prior to such Terms, except as expressly stated in the Terms.
(21)
Mediation/Arbitration.
Any disputes of
whatever nature arising in connection with the execution and operation of this
agreement shall be resolved in the State of Colorado and submitted to a
mediator agreed upon by the parties for non-binding, confidential mediation. If
the matter cannot be resolved with the aid of a mediator, it shall be submitted
to final and binding, confidential arbitration pursuant to the rules of the
American Arbitration Association or such other rules as agreed to by the
parties. The decision of the Arbitrator shall be final and binding on all
parties. The costs of arbitration shall be borne equally by the parties. Both
parties agree that the procedures outlined in this paragraph are the exclusive
methods of dispute resolution.
(22) Govering Law
and jurisdiction
Any disputes arising
out of or relating to the Terms, the Privacy Policy, use of our website, or our
products or services offered on our website will be resolved in accordance with
the laws of the State of Colorado without regard to its conflict of law rules.
Any disputes, actions or proceedings relating to the Terms or your access to or
use of our website must be brought before the courts of the State of Colorado,
in the City of Lafayette.
The State of
Colorado and you irrevocably consent to the exclusive jurisdiction and venue of
such courts.
