ConscienceExplorers.com Terms of Use - End User Agreement
The following constitutes the ConscienceExplorers.com Terms of Use - End User Agreement (“Agreement”) and is lawfully binding and applies to your use of the ConscienceExplorers.com Platform (“Platform”).
PLEASE READ THE TERMS OF THIS AGREEMENT. THIS AGREEMENT SETS FORTH BINDING TERMS AND CONDITIONS FOR YOUR USE OF CONSCIENCEEXPLORERS.com.
By accessing or using ConscienceExplorers.com, you agree to be bound by these terms.
INTRODUCTION
"ConscienceExplorers.com" operates the Platform located at https://ConscienceExplorers.com. ConscienceExplorers.com also features multiple Referral Affiliate (“Referral Affiliate”) websites. By creating an account at ConscienceExplorers.com, the End User agrees to the following:
1. About ConscienceExplorers.com
- A. ConscienceExplorers.com is the platform for all freedom projects worldwide and local community-driven actions.
- B. Local Communities worldwide have the ability to unite and take actions to better health by growing and eating organic food and receiving natural healing.
- C. Freedom of speech is respected.
- D. You can Unsubscribe from any end user if you do not like their speech.
- E. You can See First any end user whose speech you like.
- F. The ConscienceExplorers.com mission is to unite humanity worldwide to peacefully stop tyranny and implement a world based on love and moral values for all, no matter race, religion, or political views.
- G. The founders of this platform understand this world needs to be all about love, doing the right thing, and rejecting fear from doing what is right. We believe all beings are free and truth shines light, and light overcomes dark.
- H. ConscienceExplorers.com is structured to inform millions of people with researched information derived from and presented by leaders of Research Groups in which you can freely participate and optionally take actions to implement solutions that directly benefit you, your family, and your friends.
2. Services
The Platform provides functionality for End User (“End User” or “you”) to utilize the following services or functionalities, all collectively referred to herein as the Services (“Services”) as further defined within this Agreement. Services may include but are not limited to the following:
- A. ConscienceExplorers.com (“Platform” or “Services”)
- B. Create a free End User Account (“Account”)
- C. Create Pages (“Pages”)
- D. Create Local Communities (“Local Communities”)
- E. Send Messages (“Message”) to end users who approve you to send messages to them
- F. Share images, videos, typed content, send chat messages, and utilize other features collectively referred to herein as Content (“Content”)
- G. Like and Dislike posts and other Emotion functionalities
- H. Report (“Report”) copyrighted Content
- I. Share links to websites outside of the Platform to third-party websites.
- J. Share information from Pages and Groups on other Social Media platforms (“Social Media Sharing”)
- K. Share within ConscienceExplorers.com Developer Services (“Developer Services”)
- L. Participate within ConscienceExplorers.com Advertising Services (“Advertising Services”)
- M. Referral Affiliates are partners with which ConscienceExplorers.com has established business relationships
- N. View or participate in third-party services located within ConscienceExplorers.com or available by external links
- O. Modify Settings (“Settings”) including changing your password, SMS or email preferences, and Delete your Account (“Delete Account”).
- P. The Platform may provide other Services, functionalities, features, content, applications, or third-party services offered or operated from time to time in connection with the Platform.
3. End User Responsibilities
- A. End Users (you) are solely responsible for any Content you post to the Platform and Services you utilize on the Platform. The Content you share on the Platform is being shared and viewed by other end users.
- B. Content can be shared within news feeds, Pages, Local Community, FreedomTube, and other areas for other End Users. Be aware that another end user can share the Content you posted with a different audience. Content can be shared utilizing Social Media Sharing to other third-party services and websites over which ConscienceExplorers.com has no control. Only share Content you are confident in sharing with ConscienceExplorers.com users and potentially the world.
- C. ConscienceExplorers.com is not a service intended for children. By using the Platform, you affirm that you are eighteen (18) years of age or older.
4. Posted Content
- A. The Content posted to the Platform is the sole responsibility of the End User that originally posted Content to ConscienceExplorers.com. Do not post nudity or copyrighted Content. End Users have the ability to Report posted copyrighted Content. ConscienceExplorers.com may or may not monitor reported Content. ConscienceExplorers.com may or may not delete reported Content. ConscienceExplorers.com reserves the right to delete any reported Content with or without notice to End User.
- B. End User agrees ConscienceExplorers.com is not responsible nor liable for any posted Content, including but not limited to errors, omissions, loss, or damage that is claimed and resulted to End User as a result of any Content posted on the Platform.
- C. ConscienceExplorers.com does not represent or guarantee legitimacy, accuracy, or reliability of any Content posted to the Platform. An End User could potentially post Content that is potentially inaccurate, deceptive, mislabeled, or inappropriate and distasteful. End User agrees to indemnify and hold harmless ConscienceExplorers.com, its employees, members, directors, managers, officers, or agents from and against any loss, liability, damage, penalty, or expense (including attorneys' fees, expert witness fees, and cost of defense) they may suffer or incur as a result of (i) any failure by the party to comply with the terms of this Agreement; (ii) any warranty or representation made by the party being false or misleading; (iii) any representation or warranty made by the party or any employee or agent of the party to any third person other than as specifically authorized by this Agreement, (iv) the manner or method in which End User, ConscienceExplorers.com, or other end users perform its services pursuant to this Agreement, (v) negligence of ConscienceExplorers.com or its subcontractors, agents, or employees, or (vi) any alleged or actual violations by the party or its subcontractors, employees, or agents of any applicable law.
5. Community Monitoring
- A. ConscienceExplorers.com does not censor; we allow our friends to determine what Content is propaganda or real fake news. ConscienceExplorers.com does not like propaganda left or right. If you do not like the speech of an end user, simply Unsubscribe from them.
- B. ConscienceExplorers.com may or may not monitor Content. End User can Report copyrighted Content.
6. End User Licensed Data
- A. End User shall retain limited rights to your Data (“Data”). Data shall be considered any original owned non-copyrighted Content posted to the Platform, including personal photos, videos, or original documentation. Be advised, any Data which End User posts to the Platform is being made public by End User and can be seen and shared by other end users, thus limited rights to your Data as End User is sharing Data publicly.
- B. By End User posting Content/Data to the Platform, End User hereby grants ConscienceExplorers.com a worldwide, non-exclusive, royalty-free, irrevocable, and perpetual License (“License”) to use, copy, reproduce, modify, distribute, sublicense, and prepare derivative works of Content/Data in any format or medium now known or later developed, subject to these terms of this Agreement.
- C. End User agrees that the License includes:
- 1. ConscienceExplorers.com has the License to promote and improve ConscienceExplorers.com, Services, or Referral Affiliate services.
- 2. Allow Content/Data available to other end users, other social media platforms, third-party companies, organizations, individuals, broadcast, syndication, and other types of distribution and/or publication.
- D. End User hereby declares, represents, and warrants that End User has sufficient rights to enter into and grant ConscienceExplorers.com this License.
- E. End User Content/Data made available to other end users, other social media platforms, third-party companies, organizations, individuals, broadcast, syndication, and other types of distribution and/or publication is being done willfully and knowingly by End User that End User will receive zero compensation from ConscienceExplorers.com or any other involved party.
- F. After End User posts or uploads Content/Data to the platform, End User can delete Content/Data; however, End User cannot claim copyright infringement by other end users, other social media platforms, third-party companies, organizations, individuals, broadcast, syndication, and other types of distribution and/or publication.
7. Copyrighted Content
- A. Do not post copyrighted material. ConscienceExplorers.com shall review claims of copyright infringement and remove Content/Data for further review. Upon further review, ConscienceExplorers.com at its own discretion may repost or permanently delete the reviewed Content/Data with or without notice to End User.
8. Copyright Claims
If you own a copyright and believe your Content/Data has been infringed upon, follow these steps:
- A. Report the posted Content/Data on the Platform.
- B. Email ConscienceExplorers.com at support@ConscienceExplorers.com. In the subject line provide Copyright Infringement. Provide a description of the copyrighted Content/Data.
- C. Attach proof of copyright to the Content/Data in question.
- D. Include End User's full legal name on any copyright including address and phone number.
- E. Attach a legally executed statement of why End User believes any copyright has been infringed upon.
9. Standard of Conduct
End User agrees to the following Standard of Conduct:
- A. Not to post any inappropriate content or information including but not limited to: pornography, confidential or private information about third parties, violent content or information, or any other offensive content or information.
- B. Not to infringe on the ConscienceExplorers.com Platform copyright, patent, trademark, trade secret, or other intellectual property rights.
- C. Act in a manner that is defamatory, trade libelous, unlawfully threatening, or unlawfully harassing.
- D. Not to provide false, inaccurate, or misleading information.
- E. Use an anonymous proxy.
- F. To utilize the ConscienceExplorers.com Platform in a manner that does not result in or may result in complaints, disputes, claims, or other liability to ConscienceExplorers.com.
- G. Not to access the ConscienceExplorers.com Platform from a country that is not allowed by the Government of the United States of America.
- H. Not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure; may damage, detrimentally interfere with, surreptitiously intercept, or expropriate.
- I. Not to use any bot, robot, spider, other automatic device, or manual process to monitor or copy our website or the ConscienceExplorers.com Platform.
- J. You agree not to upload viruses or other malicious forms of computer code.
- K. Use any device to interfere or attempt to interfere with the ConscienceExplorers.com Platform.
- L. Access, tamper with, or use non-public areas of ConscienceExplorers.com.
- M. Probe, scan, or test the vulnerability of ConscienceExplorers.com or circumvent any security or authentication measures of ConscienceExplorers.com.
- N. Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use ConscienceExplorers.com to send altered, deceptive, or false source-identifying information.
- O. To utilize the ConscienceExplorers.com Platform emailing features for legal purposes only.
- P. To post only legal non-copyright material.
- Q. Not to engage in any activity that violates any local, state, or federal law.
- R. Not to promote discrimination, personal injury, death, damage, or destruction of property.
- S. Create a new account to use the Platform after ConscienceExplorers.com has terminated this Agreement with you as a result of End User breach of this Agreement.
- T. Hatred or bigotry towards any person, group, or religion will not be tolerated. We have a zero-tolerance policy towards hate speech towards any person, group, or religion. First offense, you will be warned; second offense, we will delete your account without notice.
- U. Factual information for educational purposes is encouraged. If factual information offends any politically correct safe space required individual, group, business, or religion, this is not the platform for you. Do not create an account. The factual truth for educational purposes is allowed on the ConscienceExplorers.com Platform no matter who it offends.
10. Term, Terms, and Termination
- A. This Agreement, in the form posted at the time of your use of ConscienceExplorers.com, Platform, and Services shall govern such use of such ConscienceExplorers.com, Platform, and Services, including the current version of the Platform and Services and any applicable prior version of the Platform or Services. As ConscienceExplorers.com, Platform, and Services evolve, the terms and conditions under which we offer ConscienceExplorers.com, Platform, and Services may change. Accordingly, each time you sign in to or otherwise use ConscienceExplorers.com you are entering into a new agreement with ConscienceExplorers.com on the then applicable terms and conditions and that your use of ConscienceExplorers.com constitutes your agreement with the current and prior terms of this Agreement. Therefore, you should review the posted Agreement and any applicable additional terms each time you use ConscienceExplorers.com.
- B. You may terminate your Account at any time, for any reason, by clicking on Settings and clicking on Delete Account. Be advised any Data/Content posted and/or shared by you or other end users to other social media platforms, third-party companies, organizations, individuals, broadcast, syndication, and other types of distribution and/or publication within the Platform shall not be deleted when you delete your account.
- C. ConscienceExplorers.com may terminate your Account at any time for any or no reason, with or without prior notice or explanation, and without liability. Further, we may deny, restrict, suspend, or terminate your access to all or any part of ConscienceExplorers.com, Platform, and Services at any time, for any or no reason, with or without prior notice or explanation, and to the maximum extent permitted by applicable law, without liability.
11. Indemnity
- A. End User agrees to indemnify, defend, and hold harmless ConscienceExplorers.com, its employees, members, directors, managers, officers, Referral Affiliates, contractors, or agents from and against any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to the Data/Content you upload to the Platform or view and utilize on the Platform, and/or your use of the Platform, your violation of this Agreement, or your violation of any rights of a third party.
- B. End User agrees to indemnify, defend, and hold harmless ConscienceExplorers.com, its employees, members, directors, managers, officers, Referral Affiliates, contractors, or agents from and against any loss, liability, damage, penalty, or expense (including attorneys' fees, expert witness fees, and cost of defense) they may suffer or incur as a result of (i) any failure by End User or other end users to comply with the terms of this Agreement; (ii) any warranty or representation made by End User or other end users being false or misleading; (iii) any representation or warranty made by End User or other end users or any employee or agent of the party to any third person; (iv) the manner or method in which ConscienceExplorers.com performs its Services pursuant to this Agreement; (v) negligence of ConscienceExplorers.com or its subcontractors, agents, Referral Affiliates, contractors, or employees; or (vi) any alleged or actual violations by ConscienceExplorers.com or its subcontractors, employees, Referral Affiliates, contractors, or agents of any rules or applicable law.
12. End User Dedicated Email Address
- A. When End User creates a ConscienceExplorers.com account, End User must enter a valid Dedicated Email Address (“Dedicated Email Address”) for the purpose of End User Activating Account and for ConscienceExplorers.com emailing End User and End User notifications and other email notices.
13. Password
- A. When you create an Account, you must create a password. End User is entirely responsible for maintaining the confidentiality of your password. End User agrees not to use the Account, email address, or password of another Member at any time or to disclose your password to any third party. You agree to notify ConscienceExplorers.com immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.
14. Hardware and Communications
- A. End User shall be solely responsible for End User's own computer equipment and establishing and maintaining its telecommunication lines and equipment necessary to transmit data and receive Contribution Notifications and other notifications from ConscienceExplorers.com.
15. ConscienceExplorers.com Intellectual Property
- A. Intellectual Property (“Intellectual Property”) means all of the following owned by ConscienceExplorers.com and/or independent contractors, contractors, affiliates, licensees and agents: (i) trademarks and service marks (registered and unregistered) and trade names, and goodwill associated therewith; (ii) the ConscienceExplorers.com Platform, patents, patentable inventions, computer programs, and software; (iii) databases; (iv) trade secrets and the right to limit the use or disclosure thereof; (v) copyrights in all works, including software programs; and (vi) domain names. The rights owned by a party in its Intellectual Property shall be defined, collectively, as “Intellectual Property Rights.” Other than the express licenses granted by the Agreement, ConscienceExplorers.com grants no right or license to End User by implication, estoppel or otherwise to the ConscienceExplorers.com services or any Intellectual Property Rights of ConscienceExplorers.com.
16. ConscienceExplorers.com Ownership
- A. All right, title and interest in ConscienceExplorers.com, the ConscienceExplorers.com Platform, websites, domain names, websites, trademarks, patents, computer code, programming or other related End User account, ConscienceExplorers.com marketing materials, and ConscienceExplorers.com confidential information shall remain solely and exclusive property of ConscienceExplorers.com.
17. ConscienceExplorers.com Referral Affiliate Websites and Third-Party Entities
- A. ConscienceExplorers.com may feature separate websites, services, software or business processes that are legally not owned nor managed by ConscienceExplorers.com and managed and owned by a separate legal entity (Third-Party Entity”). These separate Third-Party Entities include but not limited to 1776 Tokens, LocalFoods.market, LamarsList.com, Healing.tube and many other Referral Affiliates.
- B. ConscienceExplorers.com may feature many Referral Affiliates (“Referral Affiliate”) that represent different Referral Affiliates in which End User must register separately from ConscienceExplorers.com. Referral Affiliate terms and conditions are their terms and conditions and separate from ConscienceExplorers.com.
18. 1776 Token Compensation
ConscienceExplorers.com agrees to compensate End User in the 1776 Token for the following:
- 1. Participating on ConscienceExplorers.com and ConscienceExplorers.com, including posting, liking posts, sharing posts, viewing videos, and referring family and friends to the ConscienceExplorers.com and ConscienceExplorers.com Platforms.
- 2. Compensation shall change from time to time with or without notice to End User.
- 3. Compensation amounts are displayed on your ConscienceExplorers.com account at https://www.conscienceexplorers.com/home
19. Disclosures for 1776 Tokens
- A. At this time, the 1776 Token is not traded in cryptocurrency exchanges and has no assigned fiat currency price. WWF reserves the right to make a future decision to either be traded in cryptocurrency exchanges or start a new cryptocurrency exchange, or both, at which time End User will be notified of any such decision by WWF.
- B. At this time, the 1776 Token is not legal tender and is intended to be utilized as a unit of trade exclusively within Internet Platforms (“Internet platforms”) approved by WWF.
- C. At this time, End User or holder of 1776 Tokens should have no expectation of fiat currency profit from the 1776 Token and any value of the 1776 Token.
- D. Internet Platforms provide software functionality to match suppliers and producers of products and service to trade products and services for the 1776 Token.
- E. The 1776 Token will be traded for products and services within Internet Platforms.
- F. Suppliers and producers of products and services willfully list and trade their products or services products and services within Internet Platforms marketplaces and optionally accept the 1776 Token as trade.
- G. The intent to obtain many millions of product listings within our Platforms which sellers list products or services for trade utilizing bartering, precious metals, the 1776 Token and potentially other digital assets.
- H. The value of many millions of product listings that utilize the 1776 Token as payment could provide the 1776 Token great value because End Users would be able to purchase products and services worldwide.
- I. No organizations “owns” the 1776 Token, the 1776 Token is decentralized. The decentralized 1776 Token for end users of Internet Platforms to trade products and services for the 1776 Token. Throughout the history of the 1776 Token, from its founding to the present date the 1776 Token has never been listed in nor traded in any centralized cryptocurrency exchanges. It is estimated that if the 1776 Token were potentially traded in a cryptocurrency exchange, its opening estimated fiat price could be $1.00.
- J. The 1776 Tokens are not a security and have not been and will not be registered under the United States Securities Act of 1933, or any United States state securities laws, or the laws of any foreign jurisdiction.
- K. For more information www.1776Token.com
20. Release
- A. End User hereby release ConscienceExplorers.com, its affiliated companies, Referral Affiliates, and their officers, directors, employees, independent contractors, contractors, affiliates, licensees and agents and End Users, collectively, the Releasees ("Releasees") from any and all liability, costs, expenses, losses, damages (including damage to property or personal injury or death), and claims, whether known or unknown, which may arise from A) you, the End User hosting, participating, attending, or authorizing activities from Content within ConscienceExplorers.com or the Services, including activities you authorize End Users or supporters promoted within ConscienceExplorers.com or the Services or B) from the acts or omissions of third parties you interact with through ConscienceExplorers.com or the Services, collectively the Releases Claims (“Released Claims”). In furtherance of the forgoing, and only with respect to the Released Claims, you waive your rights under California Civil Code Section 1542 which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE END USER DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT"
21. Waiver and Release
- A. You hereby release ConscienceExplorers.com, its affiliated companies, Referral Affiliates, and their officers, directors, employees, independent contractors, contractors, affiliates, licensees and agents and End Users, collectively, the Releasees ("Releasees") from any and all liability, costs, expenses, losses, damages (including damage to property or personal injury or death), and claims, whether known or unknown, which may arise from A) you, the End User hosting, participating, attending, or authorizing an Campaign event, including events you authorize End Users or supporters to promote your Campaign or B) from the acts or omissions of third parties you interact with through the ConscienceExplorers.com Platform, collectively the Releases Claims (“Released Claims”). For End Users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. California residents must, as a condition, waive the applicability of California Civil Code Section 1542. In furtherance of the forgoing, and only with respect to the Released Claims, you waive your rights under California Civil Code Section 1542 which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Each End User hereby waives this Section 1542 of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release. End Users residing in states or jurisdictions which may have applicable statutes, regulations, codes or laws each End User hereby waives the applicable sections of any similar provision in statutes, regulations, codes or laws that has the same effect or intent as the foregoing release.
22. Limitation of Liability
- A. CONSCIENCEEXPLORERS.com, INCLUDING its affiliated companies, Referral Affiliates and their officers, directors, employees, independent contractors, contractors, affiliates, licensees and AGENTS AND NONPROFITS ARE NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO CONSCIENCEEXPLORERS.com FOR THE CONTRIBUTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CONSCIENCEEXPLORERS.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. (For jurisdictions that do not allow ConscienceExplorers.com to limit its liability, notwithstanding any provision of the Agreement, for End Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, ConscienceExplorers.com liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, ConscienceExplorers.com does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future).
- B. The Platform and the Software are made available to you for your convenience on an "as is" and "as available" basis. ConscienceExplorers.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR WARRANTIES (INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, RELIABILITY OR NON-INFRINGEMENT) REGARDING THE USE OR THE RESULTS OF THE USE OR THE CONTENTS OF THE PLATFORM. ConscienceExplorers.com does not warrant or represent that the Platform will be free of all viruses. You understand that the Platform may not perform with complete functionality, may add or remove features, may be undergoing testing, may be inconsistently available, may have software "bugs" and may have other issues affecting availability and functionality.
- C. ConscienceExplorers.com does not warrant or represent that the Platform will function on all computers or mobile phones. ConscienceExplorers.com many not be compatible with all mobile phone networks and/or will be available in all geographical areas.
- D. CONSCIENCEEXPLORERS.com SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE PLATFORM, OR THE RESULTS OR THE CONTENTS THEREOF, TO THE GREATEST EXTENT PERMITTED BY LAW.
- E. If you are dissatisfied with the Platform, or have any other disputes or claims with or against us with respect to the Platform or this Agreement, End User sole and only solutions is to discontinue using ConscienceExplorers.com and/or the Services.
- F. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONSCIENCEEXPLORERS.com AND its employees, members, directors, managers, officers or agents SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) ACCESS TO INABILITY TO ACCESS CONSCIENCEEXPLORERS.com; (b) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON CONSCIENCEEXPLORERS.com; INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; (c) ANY CONTENT OBTAINED FROM CONSCIENCEEXPLORERS.com; OR (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR TRANSMISSIONS.
- G. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CONSCIENCEEXPLORERS.com OR ITS employees, members, directors, managers, officers or agents EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID CONSCIENCEEXPLORERS.com, IF ANY, IN THE PAST SIX MONTHS FOR CONSCIENCEEXPLORERS.com SERVICES GIVING RISE TO THE CLAIM.
- H. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER THE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
23. NO WARRANTIES AND DISCLAIMER
- A. CONSCIENCEEXPLORERS.com MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, WRITTEN OR ORAL, EXCEPT AS EXPRESSLY STATED HEREIN. ADDITIONALLY, CONSCIENCEEXPLORERS.com DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONPROFITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM INFRINGEMENT WITH RESPECT TO CONSCIENCEEXPLORERS.com PLATFORM, ALL SOFTWARE PRODUCTS, THE ConscienceExplorers.com PLATFORM, OTHER SERVICES, UPDATES, UPGRADES, NEW RELEASES AND ALL OTHER PRODUCTS, SERVICES, MATERIALS AND OTHER ITEMS FURNISHED UNDER OR IN CONNECTION WITH THIS AGREEMENT. CONSCIENCEEXPLORERS.com PLATFORM ARE ACCEPTED AS IS. NONPROFIT ACKNOWLEDGES THAT ITS USE OF THE CONSCIENCEEXPLORERS.com PLATFORM IS SUBJECT TO AND CONDITIONED UPON ACCEPTANCE OF THIS DISCLAIMER. THE CONSCIENCEEXPLORERS.com PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NONPROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER'S OWN RISK. CONSCIENCEEXPLORERS.com HAS NO FIDUCIARY RESPONSIBILITY TO ANY NONPROFIT.
24. INTERNET USAGE
- A. CONSCIENCEEXPLORERS.com its affiliated companies, REFERRAL AFFILITATES, ACQUIRER, SUPPLIERS AND AFFILIATES MAKE NO WARRANTIES REGARDING THE QUALITY, RELIABILITY, TIMELINESS OR SECURITY OF INTERNET OR NONPROFIT CLIENT DEVICES OR OTHER LINKED COMPUTER NETWORKS, OR OTHER CONNECTED TECHNOLOGY OR THE WEBSITES CONNECT TO THE CONSCIENCEEXPLORERS.com PLATFORM.
25. EXCLUSION OF DAMAGES
- A. IN NO EVENT SHALL CONSCIENCEEXPLORERS.com, NOR ANY CONSCIENCEEXPLORERS.com PARTNERS, its affiliated companies, ASSOCIATES, REFERRAL AFFILIATES OR SUPPLIERS BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, LOST PROFITS, BUSINESS INTERRUPTION, LOST REVENUE, OR LOST BUSINESS, IN CONNECTION WITH THE USE CONSCIENCEEXPLORERS.com PLATFORM OR ASSOCIATED SERVICES OR OTHER SOFTWARE OR ANY OTHER ITEM OR SERVICE PROVIDED UNDER THIS AGREEMENT, NOR FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, NOR FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY PRODUCT OR SERVICE OR OTHER ITEM PROVIDED UNDER THIS AGREEMENT, WHETHER IN BREACH OF WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING NEGLIGENCE, EVEN IF CONSCIENCEEXPLORERS.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
26. NO CONSEQUENTIAL DAMAGES
- A. IN NO EVENT WILL CONSCIENCEEXPLORERS.com, its affiliated companies, REFERRAL AFFILIATES, OR ITS SUPPLIERS, BE LIABLE TO CUSTOMER, OR TO ANY THIRD PARTY, FOR CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF THE CONSCIENCEEXPLORERS.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
27. FORCE MAJEURE
- A. CONSCIENCEEXPLORERS.com WILL NOT BE RESPONSIBLE FOR ANY DELAYS, ERRORS, FAILURES TO PERFORM, INTERRUPTIONS OR DISRUPTIONS IN CONSCIENCEEXPLORERS.com PLATFORM OR ASSOCIATED SERVICES CAUSED BY OR RESULTING FROM ANY ACT, OMISSION OR CONDITION BEYOND ConscienceExplorers.com’S REASONABLE CONTROL, WHETHER OR NOT FORESEEABLE OR IDENTIFIED, INCLUDING WITHOUT LIMITATION INTERNET ACCESS FAILURES, HARDWARD FAILURES, SOFTWARE FAILURES, CRIMINAL ACTS, ACTS OF GOD, STRIKES, LOCKOUTS, RIOTS, ACTS OF WAR, GOVERNMENTAL REGULATIONS, FIRE, POWER FAILURE, EARTHQUAKES, WEATHER, FLOODS OR OTHER NATURAL DISASTERS OR THE FAILURE OF CUSTOMER’S, PAYORS OR ANY THIRD PARTY’S HARDWARE, SOFTWARE OR COMMUNICATIONS EQUIPMENT OR FACILITIES.
28. Miscellaneous Provisions
- A. Severability - If any one or more of the provisions contained in this Agreement shall in any jurisdiction be held or determined by a court having jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be deemed modified so as to be enforceable and permitted by law consistent with the intent of the Agreement as expressed herein, and such invalidity shall not affect the remaining provisions of this Agreement, which shall continue in full force and effect.
- B. Arbitration – ConscienceExplorers.com and End User agree that all claims and disputes arising under or relating to this Agreement are first to be settled by mediation. Any unresolved disputes arising under or relating to this Agreement are to be settled by binding arbitration. The arbitration shall be conducted by arbitration and the parties shall be bound by any and the applicable arbitration rules and any award/decision rendered. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all decisions. Any such arbitration shall be conducted by an arbitrator mutually agreed to and shall include a written record of the arbitration hearing. An award of arbitration may be confirmed in a court of competent jurisdiction. Unless the parties agree otherwise, the same individual will not serve as both mediator arbitrator.
- C. Headings - The headings listed after each section number in this Agreement are inserted for convenience only, do not constitute a part of this Agreement and are not to be considered in connection with the interpretation or enforcement of this Agreement.
- D. ConscienceExplorers.com Privacy Policy - ConscienceExplorers.com Privacy Policy can be viewed at: https://ConscienceExplorers.com/privacy-policy.
- E. Agreement Amendment - This Agreement may be amended, modified, or revised at any time by ConscienceExplorers.com with or without notice from ConscienceExplorers.com. It is End User’s sole responsibility to review and maintain familiarity with any revisions to the Agreement, and End User is bound by any revisions to the Agreement. The amendments to this Agreement will become effective and binding upon End User when the amendments are published to ConscienceExplorers.com.
- F. Consent Representations and Warranties – By creating an account at ConscienceExplorers.com End User represents and warrants that you have read, acknowledge and agree to be bound by the terms and conditions of this Agreement.