Terms and Conditions
Effective Date: January 1, 2021
These Terms and Conditions (the “Terms”) contain the terms and conditions that apply to all of the services offered through or provided by A Skeptic’s Path to Enlightenment, a California non-profit public benefit corporation (the “Services”). The Services may include, but are not limited to, our website, our blog, our mobile app, and/or our podcasts.
Please read these Terms carefully before using the Services.
BY USING OUR SERVICES, YOU INDICATE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS. In addition, by entering into these Terms, you represent and warrant that you have the full right and authority to enter into these Terms, either on your own behalf, or on behalf of your organization. Unless explicitly stated otherwise, your use of the Services will be governed by these Terms (as updated from time to time). We may make changes to these Terms from time to time. YOUR CONTINUED USE OF THE SERVICES FOLLOWING NOTICE OF CHANGES TO THESE TERMS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.
Restrictions on Use
You may not access or use the Services in a way that violates these Terms or any applicable local, state or federal laws and regulations. You may use the Services only for their intended purpose. We may, at our sole discretion, terminate your access to the Services for any reason or for no reason at all, without prior notice, or any notice, including your failure to adhere to these restrictions.
We do not knowingly collect or solicit personal information from children under 13. If we learn we have collected personal information from a child under 13, we will delete that information. If you believe that a child under 13 may have provided us personal information, please contact us at contact [at] skepticspath.org.
Intellectual Property Rights
The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Services (“Content”) is solely owned by us and/or our affiliates or licensors, unless otherwise noted, and is protected by copyright, trademark, and other intellectual property laws.
You must respect the intellectual property laws protecting our Content. In addition, you acknowledge and agree that with respect to any Content made available through the Services that is the property of third-party licensors, each such licensor has the right to directly enforce relevant provisions within these Terms against you.
Use of the Services
When you utilize the Services or any of Content, you agree that:
– You will use our Services and the Content only for your own personal use, not for your own business/commercial use unless we give you our express written permission.
– You will use the Services and Content for lawful purposes only, and will not use the Services or Content for fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity.
– You will not use the Services to send, use or re-use any material that contains or promotes material that is unlawful, offensive, harmful, threatening, abusive, harassing, obscene, hateful, exploitive, libelous or defamatory, intentionally false or deceptive, advocating for the discrimination of a protected group (whether based on race, skin color, sex, religion, nationality, disability, sexual orientation, age, or similar category), advocating for any illegal or regulated activity (including trafficking, use, or abuse of controlled substances or weapons), infringing of any intellectual property right, invasive of privacy, or that is otherwise highly objectionable to a reasonable person.
– You will not upload, disseminate, distribute, transmit, link to or otherwise display User Content that infringes on any intellectual property rights of any third party.
– You will not upload, disseminate, transmit, link to or otherwise display User Content that contains or causes the downloading of any malicious code that contains or executes any software viruses, worms, Trojan horses, time bombs, logic bombs, keystroke logging, or any other computer codes, files or programs designed to interrupt, destroy, impair or limit the functionality of any computer software, hardware, telecommunications equipment or other device or equipment, or that could otherwise delay, disrupt or damage any software, computers or websites.
– You will not transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
– You will not use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other user’s use of the Services.
– You will not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.
– You will not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link to, display or in any way exploit any Content except with our express written permission.
– You will not use the Services in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
All rights not expressly granted in these Terms or any express written license, are reserved by us.
All material submitted by users on or through our Services, such as comments, posts, photos, images or videos or other contributions (“User Content”) is the sole responsibility of the person or entity from which such User Content originated. You represent, warrant and covenant that you have all of the rights, title, and interest in and to the User Content and the User Content complies in all manners with these Terms.
We are under no obligation to review or monitor User Content in the general course of business. Under no circumstances will we be held liable for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content. We do not guarantee the accuracy, integrity, legality or quality of User Content. User Content may contain inaccurate, inappropriate, incomplete, untruthful, offensive, indecent, or objectionable material for which we assume no responsibility. You acknowledge and bear all risk associated with your use or consumption of any User Content made accessible through the Services, including any reliance on the accuracy, completeness, or usefulness of such User Content.
Notwithstanding the foregoing, we may refuse to post, remove, or block access to any User Content, at any time and without notice, for any reason or no reason, and without liability. Additionally, we may notify you if we determine that any of your User Content is inappropriate or does not comply with these Terms or applicable law.
We do not claim any ownership interest in any User Content posted by you on the Services, and the copyright to all such User Content will remain with its original owner. Notwithstanding, you hereby grant us a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify, transmit, publicly display, publicly perform and distribute any User Content posted by you on or through the Services, and you acknowledge that we have the right but not the obligation to use any User Content and that we may elect to cease the use of any such User Content on our Services at any time for any reason. The license will terminate at such time as you remove your User Content from the Services. Additionally, you grant us the right to use your name and likeness in our advertising and promotional materials, including on our website.
The Services and Content are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Services or Content is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on the Services or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition.
Availability of Services
From time to time the Services may be inaccessible or inoperable for any reason including, but not limited to: (i) equipment or software malfunctions; (ii) periodic maintenance and update procedures, or repairs or replacements that we undertake from time to time; (iii) modifications made by you without our consent; or (iv) or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. We have no control over the availability of the Services on a continuous or uninterrupted basis, and we assume no liability to you or any other person with regard thereto.
Third Party Links
We may provide links to other websites maintained by third parties which may take you outside of our Services or Content. These links are provided for your convenience and the inclusion of any link in our Services or Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in our Services or Content, or their accuracy or reliability. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
Limitation of Liability
OUR SERVICES AND CONTENT ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY EXCLUDE ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU OR OTHERS IN CONNECTION WITH OUR SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR ANY ACCIDENTS, DELAYS, INJURIES, HARM, LOSS, DAMAGE, DEATH, LOST PROFITS, PERSONAL OR BUSINESS INTERRUPTIONS, MISAPPLICATION OF INFORMATION, PHYSICAL OR MENTAL DISEASE, CONDITION OR ISSUE, PHYSICAL, MENTAL, EMOTIONAL, OR SPIRITUAL INJURY OR HARM, LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED TIME AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER AND WHETHER CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER SERVICES PARTICIPANT OR USER, INCLUDING YOU.
In no event shall our total aggregate liability to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these Terms or your use of the Services exceed, in the aggregate, the amount, if any, paid by you to us for your use of the Services during the previous 12 months or, if greater, $100.
Disclaimer of Warranties
WE MAKE NO WARRANTIES AS TO OUR SERVICES OR CONTENT. YOU AGREE THAT OUR SERVICES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES OR ITS CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SERVICES, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR SERVICES OR ITS CONTENT OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
WE WILL NOT BE HELD RESPONSIBLE OR LIABLE IN ANY WAY FOR THE INFORMATION, PRODUCTS OR MATERIALS THAT YOU REQUEST OR RECEIVE THROUGH OR ON OUR SERVICES AND CONTENT. WE DO NOT ASSUME LIABILITY FOR ACCIDENTS, DELAYS, INJURIES, HARM, LOSS, DAMAGE, DEATH, LOST PROFITS, PERSONAL OR BUSINESS INTERRUPTIONS, MISAPPLICATION OF INFORMATION, PHYSICAL OR MENTAL DISEASE, CONDITION OR ISSUE, OR OTHERWISE, DUE TO ANY ACT OR DEFAULT OF ANYONE OR ANY BUSINESS, WHETHER OWNERS, STAFF, AGENTS, JOINT VENTURE PARTNERS, CONTRACTORS, VENDORS, AFFILIATES OR OTHERWISE, AFFILIATED WITH US. WE DO NOT ASSUME LIABILITY FOR ANY OWNERS, STAFF, AGENTS, JOINT VENTURE PARTNERS, CONTRACTORS, VENDORS, AFFILIATES OR OTHERWISE WHO IS ENGAGED IN RENDERING OUR SERVICES OR CONTENT, OR IN ANY WAY OR IN ANY LOCATION. IN THE EVENT THAT YOU USE OUR SERVICES AND CONTENT OR ANY OTHER INFORMATION PROVIDED BY US OR AFFILIATED WITH US, WE ASSUME NO RESPONSIBILITY.
Indemnification and Release of Claims
You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, managers, members, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Services, Content or your breach of any obligation, warranty, representation or covenant set forth in these Terms.
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Services and Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
YOU HEREBY WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
We reserve the right in our sole discretion to refuse or terminate your access to the Services and Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Services or Content affected by such cancellation or termination. Any and all provisions in these Terms which impose obligations continuing in their nature will survive termination or otherwise continue to remain in full force and effect even after termination of these Terms.
Digital Millennium Copyright Act (DMCA) Notice
Any person or party who wishes to file a claim of copyright infringement regarding Content hosted on or otherwise displayed via our Services may file notice via either email or mail.
To email, send to contact [at] skepticspath.org. To send via mail, send to:
A Skeptic’s Path to Enlightenment
4460 Redwood Hwy Suite 16-588
San Rafael, CA 94903
As set forth in the DMCA, in order to be effective, a notice of copyright infringement must include all of the following:
1. The physical or electronic signature of complaining party;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the content (i.e., the specific URLs where the allegedly infringing activity is said to be taking place);
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
It is our policy to terminate in appropriate circumstances any account or user for repeated infringement of intellectual property rights, including copyrights, and we also reserve the right to terminate an account or user for even one instance of infringement.
If you have any questions about these Terms, please contact us at contact [at] skepticspath.org.