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Terms of Use

Last updated: June 23, 2021

The On Being Project (“the On Being Project,” “we,” “us,” and “our”), a not-for-profit 501(c)(3) organization, is a media and public life enterprise dedicated to social healing.  Our mission is to pursue deep thinking and moral imagination, social courage and joy, to renew inner life, outer life, and life together.  We produce the award-winning global podcast and U.S. public radio show On Being with Krista Tippett, distributed by 400 stations and downloaded over 300 million times.  We use media platforms to amplify lives and voices that model and inspire wisdom, moral courage, and social creativity. Through content, experiences, accompaniment, and practical tools, we tend the human change that makes social transformation possible.

The On Being radio program and podcast, our podcast Poetry Unbound, and any other podcast that we currently offer or may offer in the future (each a “Podcast” and together, the “Podcasts”); our websites www.onbeing.org, https://engage.onbeing.org, and www.civilconversationsproject.org (each, a “Site” and, collectively, the “Sites”); the On Being Wisdom™ mobile application (the “App”); and all e-newsletters, software, APIs, features, and content related thereto (excluding User Generated Content, as defined below) that the On Being Project makes available to you are collectively referred to as the “Services.”  These Terms of Use constitute an agreement between us and the user (“you” or “user”) and govern your access to and use of the Services.

You should read these Terms of Use carefully before using any of the Services.

Table of Contents

  1. Your Acceptance of These Terms of Use
  2. Your Acceptance of Our Privacy Policy
  3. Your Consent to Other Terms
  4. Your Consent to Email Communications
  5. Donations
  6. Ownership of the Services and the Content
  7. Trademarks
  8. Terms for Subscription-Based Services
  9. Responsibility for User-Generated Content Posted on or Through the Services
  10. Digital Millennium Copyright Act
  11. Your Feedback
  12. Your Obligations
  13. Disclaimers
  14. Limitation of Liability
  15. Claim Limitation Period
  16. Indemnification
  17. Links to Third-Party Websites
  18. Data Usage Charges
  19. Modification and Discontinuation
  20. Waiver
  21. Severability
  22. Governing Law, Jurisdiction, and Venue
  23. Use Outside of the United States
  24. Force Majeure
  25. Entire Agreement
  26. Questions

Your Acceptance of These Terms of Use

These Terms of Use apply to all users of the Services. Each time you use the Services, you should visit and review the Terms of Use.  By using the Services, you are agreeing to comply with and be bound by the terms and conditions contained in these Terms of Use. If you do not agree to these Terms of Use, you may not access or otherwise use the Services.  We reserve the right to occasionally update the Terms of Use.  At such time, we will also revise the “last updated” date above.  By continuing to access and use the Services after any such modification is made, you are agreeing to such modification.  Please check these Terms of Use frequently for updates.  If you are under the age of 18, you represent that you are either an emancipated minor or have obtained the legal consent of your parent or legal guardian to agree to these Terms of Use to access the Services.

Your Acceptance of Our Privacy Policy

All personal information that we collect through the Services is subject to our Privacy Policy (the “Privacy Policy”).  By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using the Services, please carefully review our Privacy Policy. All personal information provided to us or that we collect as a result of your use of the Services will be handled in accordance with our Privacy Policy. To the extent that there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

Your Consent to Other Terms

When you sign up to use a special feature of any Site or the App, you may be asked to agree to special rules, guidelines, and/or other terms governing your use of the special feature (the “Other Terms”). In such cases, you may be asked to expressly consent to the Other Terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If there is a conflict or inconsistency between any of the Other Terms and these Terms of Use, the Other Terms will take precedence over these Terms of Use, but only with respect to the matters and the portion of the Services governed by the Other Terms.

Your Consent to Email Communications

You expressly agree that, as part of the Services, you may receive communications by email.  You may stop receiving email messages by clicking on the “unsubscribe” link contained in such email messages or by updating your notification settings in the App.

Donations

The On Being Project is grateful for your donations and support. Information about how to make a donation to the On Being Project is available on our Giving page. Financial transactions related to your credit card or other payment donations to the On Being Project are processed by NationBuilder Payments and Stripe.  Please visit their websites to familiarize yourself with its terms and conditions and with its privacy policies.  Information about how we handle personal data is available in the Privacy Policy.

Ownership of the Services and the Content

All software and code comprising or used to operate the Services, all text, names, logos, designs, graphics, photographs, images, illustrations, sound recordings, videos, audio-visual clips, and other materials of the Services (all of the foregoing, collectively, the “Content”) are subject to and protected under applicable intellectual property and other laws, including without limitation the United States and international copyright and trademark laws.

The Services, all Content, and intellectual property rights therein are the property of the On Being Project or its licensors.  Unless otherwise noted, the Services and Content are:

Copyright © 2021 On Being Project

All Rights Reserved.

Subject to these Terms of Use, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicenseable license to access and use the Services and the Content for your personal use only.  This license does not include any right to resale or commercial use of the Services nor the right to create any derivative works of the Services (in whole or in part) or of the Content (in whole or in part).  You may not use any data mining, robots or similar data gathering and/or extraction tools.

None of the Content may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photocopying, recordation, photo-reproduced, or otherwise), or reproduced without the express prior written permission of the On Being Project.

You are prohibited from violating any law, statute, ordinance, or regulation relating to your use of the Services and/or Content.

You must not hack the Services or perform any other activity that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information.  You must not perform any activity to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.  You may not use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Services, or in any way reproduce or circumvent the navigational structure or presentation of any of the Services, or to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Services.  We reserve the right to bar any such activity.

The posting or display of any Content on the Services does not constitute a waiver of any rights in such Content. You do not acquire ownership rights to any such Content viewed through the Services. Except as otherwise provided herein, none of the Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted, or transmitted in any form or by any means, including, but not limited to electronic, mechanical, photocopying, recording, or otherwise, for commercial or non-commercial purposes, without our express, prior written permission.

Subject to these Terms of Use, you may lawfully access and use the Services and display, download, or print portions of a Site or the App on a temporary basis and for your personal, educational, non-commercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.  Subject to these Terms of Use, you may download, copy, and/or transfer Podcast episodes to a computer or mobile device for your personal, non-commercial use only.

You may also link to any of our Services from your website, blog, application, platform, or services, provided that (a) the link redirects the user to the respective Service (e.g., a Site, a Podcast, or the App) when the user clicks on the link; (b) you do not insert any intermediate page, splash page, or other content between the link and the Services; (c) you do not use the content in a manner that suggests On Being Project, the Services, or individuals featured in the Services promote or endorse your or any third party’s cause, idea(s), product(s), site(s), application(s), platform(s), or service(s); you do not use the Services or any portion thereof for commercial purposes; and (e) you do not use the Services in any way that is unlawful or harmful to any individual or entity.

The On Being Project has adopted a policy of terminating access to the Services to any user who willfully and/or repeatedly infringes the Content.  For further information regarding permission to use the Content, contact us by email at [email protected].

Trademarks

The On Being Project names and logos (including, without limitation, the On Being name and logo and the On Being Wisdom App name), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Services, unless otherwise noted, are (whether registered or not) trademarks , service marks, and/or trade dress of the On Being Project and/or its affiliates (the “The On Being Project Marks”). All other trademarks, product names, company names, logos, service marks, and/or trade dress mentioned, displayed, cited, or otherwise indicated within any of the Sites or the App are the property of their respective owners. You are not authorized to display or use The On Being Project Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks, and/or trade dress of other owners featured within any of the Sites or the App without the prior written permission of such owners. The use or misuse of The On Being Project Marks or other trademarks, product names, company names, logos, service marks, and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Terms for Subscription-Based Services

We offer a subscription-based Service that allows certain users (“Members”), on an annual basis, full access to the App, including its “Courses” and features, as well as other content available only to Members (“Subscription Service”). To use the Subscription Service, you must have Internet access, a device that can utilize the Subscription Service, and a valid form of payment. In addition to all other terms and conditions applicable to the Services, the following terms and conditions apply to the Subscription Service.

  • Account and Credentials. To utilize the Subscription Service, you will need to create a user account. You are responsible for maintaining the confidentiality of your username, password, and other credentials (your “Credentials”) that you create to access the Subscription Service. We are not responsible for any misuse of your Credentials by any third party, whether authorized by you or not. You agree to immediately notify us of any actual or suspected unauthorized use of your Credentials or any other breach of security relating to the App. We are not responsible or liable for any loss or damage resulting from unauthorized use of your Credentials or for your failure to follow the requirements set out in these Terms of Use.
  • Electronic Communications. We may send you information relating to the Services, including the Subscription Service (g., payment authorizations, invoices, changes in password or payment method, confirmation messages, notices, content updates, promotional messages) in electronic form only, for example via emails to your email address provided during registration, if applicable. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
  • Payment Terms and Auto-Renewal. If you purchase a membership to the Subscription Service, it will automatically renew every twelve (12) months at the rate then in effect, unless you cancel your membership or deactivate auto-billing/auto-renewal through the “My Account” section of the App or the subscription options section of your third-party app store. All applicable fees, including any applicable taxes and transaction fees, will be charged to the credit card last used by you. If your credit card cannot be charged and no other form of payment is on file with us, we may terminate or restrict your access to the Subscription Service. We may increase Subscription Service fees from time to time, in our sole discretion, and will notify you accordingly via the email address we have for you on file. You may cancel your membership to the Subscription Service at any time. If you would like a full refund of your last purchase of the Subscription Service and you purchased your membership through either the iOS App Store or the Google Play App Store, you must process your cancellation and refund through the applicable app store. If you purchased your membership through onbeing.org, you must request your cancellation and refund by writing [email protected] and provide both the email address associated with your Subscription Service membership and the email address linked to the payment platform you used to purchase the Subscription Service (if different), and we will credit your credit/debit card, or refund you in another manner, as reasonably determined by us. Please note, it may take up to thirty (30) days for us to process your request for a refund and if you’ve already received a refund through an app store or other third-party platform, you are ineligible for a refund from us.  Gifted memberships to the Subscription Service purchased on onbeing.org will only be refunded if the gift giver contacts us in writing and provides us with both the email address associated with the gifted Subscription Service membership and the email address linked to the payment platform used to purchase the Subscription Service.
  • Free Trial or Promotional Content. The Subscription Service might include a free trial period, free access to certain Subscription Service content, or discounted fees. We reserve the right to terminate or revoke any free trial period, free access or discounted fees to Subscription Service content at any time. We may notify you at the end of the free trial period, with an opportunity to purchase membership to the Subscription Service.
  • Your Account. For details about your purchases under the Subscription Service, including payment methods and payment terms, email us at [email protected] or login to your user account for the Subscription Service, if you have created one.

Responsibility for User-Generated Content Posted on or Through the Services

You are responsible for User-Generated Content (“UGC”) that you post. Under no circumstances will we be liable in any way for any UGC.  “User-Generated Content” and “UGC” refer to all of the text, photographs, designs, images, illustrations, graphics, sound recordings, videos, audio-video clips, and other content you post using the social networking tools we make available to you through the Services.

For clarity, you, not the On Being Project, are entirely responsible for all UGC that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the UGC you post is not your original work, it is your responsibility to obtain any necessary rights and permissions to post it.

Because we do not control the UGC posted on any Site or the App or that is transmitted through the Services, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also acknowledge, agree and understand that by accessing the Services, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including, without limitation, any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted, or otherwise made available on any Site or the App or that is transmitted through the Services. The UGC posted on any Site or the App or that is transmitted through the Services expresses the personal opinions of the individual who posted it and does not reflect the views of the On Being Project or any person or entity associated with the On Being Project.  We do not verify the accuracy of any UGC that users make or place on any Site or the App or that is transmitted through the Services, and we do not guaranty that any User Generated Content has been submitted with the permission of the owner of the copyrights or other proprietary rights in such User Generated Content or that the User Generated Content is otherwise in compliance with these Terms of Use.

You own User-Generated Content, but we may use it. You own the copyrights in any original UGC you post. We do not claim any copyrights in UGC. However, you grant to us and our subsidiaries, affiliates, successors, and assigns a non-exclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, reproduce, copy, modify, distribute, publicly display, publicly perform, publish, transmit, remove, retain, repurpose, create derivative works from, and commercialize UGC you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent; without restriction, notification, or attribution; and without compensating you in any way; and to authorize others to do the same. For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.  You represent and warrant to us that you have obtained all necessary licenses, consents, waivers, releases, authorizations, and/or permission to post or transmit all User Generated Content that you post on any Site or the App or otherwise transmit through the Services.

We may disclose and/or remove User-Generated Content. The On Being Project has certain rights. We reserve the right, but are under no obligation, to screen or remove any user posts at any time and for any or no reason.  We also reserve the right (but do not assume the obligation) to:

  • monitor all UGC;
  • require that you avoid certain subjects;
  • remove or block any UGC at any time without notice at our sole and absolute discretion;
  • disclose any UGC and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of the On Being Project, its users, or others, or to enforce these Terms of Use; and
  • terminate your access to and use of the Services, or to modify, edit, or block your transmissions thereto in our sole discretion.

You agree that our exercise of such discretion shall not render us the owners of UGC you post and that you will retain ownership thereof as described above.

Restrictions on User-Generated Content. You represent and warrant that you will not post, upload to, transmit, distribute, store, create, or otherwise publish through the Services any of the following:

  • any UGC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy, or is otherwise objectionable or attacks the character or damages or has the potential to damage the reputation of any person;
  • any UGC that constitutes, provides instructions for, or encourages activity illegal under criminal or civil law;
  • any UGC that is false, misleading, or fraudulent;
  • any UGC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • any UGC that violates or infringes upon the rights of others, including UGC which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or of any legal entity;
  • any UGC that contains the image, name, or likeness of anyone other than yourself, unless (i) that person is at least eighteen (18) years old, and you have first obtained his/her express written permission, or (ii) that person is under eighteen (18) years old, but you are his/her parent or legal guardian;
  • any request for or solicitation of any personal or private information from any individual;
  • any request for or solicitation of money, goods, or services for private gain;
  • any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Services or of any computer software or hardware or telecommunications equipment;
  • any UGC that contains advertising, promotions, raffles, solicitations, or marketing, or which otherwise has a commercial purpose or relates to political campaigning;
  • any UGC or links to content that, in our sole judgment, is objectionable, restricts or inhibits others from using the Services, or that may expose any users to any harm or liability of any type;
  • any UGC that appears to violate a third-party websites terms of use;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, including with us;
  • violate any local, state, national, or international law, rule, or regulation; or
  • otherwise violate these Terms of Use or the Privacy Policy.

Digital Millennium Copyright Act

The On Being Project respects the intellectual property of others and we ask visitors to any of the Sites and to the App and who use the Services to do the same.  We do not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

If you are a copyright owner or an agent thereof and believe that your work has been used in or as part of any of the Services, the Content, or in any User Generated Content in a way that constitutes copyright infringement, you may submit a written request for the removal of content pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”), 17 U.S.C. § 512(c). Your notice must be in writing to our designated Copyright Agent and must include:

  • an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on a specific Site or the App or otherwise as part of the Services (including the URL, title, and/or item number if applicable, or other identifying characteristics);
  • your name, address, telephone number, and email address, and, if you are not the owner of the copyrights, the name of the owner;
  • a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Your statement must be addressed to the designated Copyright Agent of the On Being Project for notification of claims of copyright infringement:

Colleen Scheck

The On Being Project

1619 Hennepin Avenue

Minneapolis, MN 55403
Telephone: 612-584-3859

Email: [email protected]

We will review all such requests and will remove any Content and/or UGC that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the Content and/or UGC has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the Content and/or UGC we remove from the Services may remain on back-up servers.

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

If any User Generated Content that you submitted has been removed as a result of a notification as described above and you believe such UGC or portion of such UGC was posted lawfully, please contact our designated Copyright Agent about our counter-notification procedure through which you can dispute the allegation and request re-posting of the content at issue.

Only notices of alleged copyright infringement and requests about the counter-notification procedures should go to the Copyright Agent; any other comments, requests for technical support, or other communications should be directed to us at [email protected].

Your Feedback

From time to time, you may provide us with suggestions for improving some or all of the Services and the products and services we make available through the Services (the “Feedback”).  We will own all rights, including all intellectual property right, in and to the Feedback that you provide to us through the Services or otherwise, which will be and remain our exclusive property. Your submission of Feedback will constitute an irrevocable assignment to us of all worldwide rights, title, and interests in and to your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, publicly display, or perform publicly, distribute, improve, modify, and create derivative works of any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Your Obligations

In consideration of your use of the Services, you agree that to the extent you provide personal information to the On Being Project, it will be true, accurate, current, and complete and that you will update all personal information as necessary.

You agree to use the Services in a manner consistent with any and all applicable laws, rules and regulations. You agree not to upload or transmit through the Services any computer viruses, trojan horses, worms, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Services is strictly prohibited. We reserve all rights and remedies available to us.

The On Being Project reserves the right to restrict, suspend, or terminate without notice a user’s access to any Site, the App, or any other portion of the Services or any portion of any of the foregoing, at any time.

DISCLAIMERS

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR ANY CONTENT OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE SERVICES. THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ON BEING PROJECT, ITS AFFILIATES, AND ITS AND THEIR SERVICE PROVIDERS AND LICENSORS AS WELL AS OUR MEDIA GUESTS AND PARTICIPANTS, VENDORS, AND BUSINESS PARTNERS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE, OR IN ANY OTHER WAY, WITH RESPECT TO THE SERVICES, THE CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE ON BEING PROJECT, ITS AFFILIATES, AND ITS AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THE SERVICES; (C) THAT THE CONTENT IS ACCURATE, COMPLETE, OR CURRENT; OR (D) THAT THE SERVICES WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.  YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE(S), OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICES.

WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THE SERVICES WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

WE MAKE NO REPRESENTATION THAT THE SERVICES, OR ANY PORTION THEREOF, IS APPROPRIATE OR AVAILABLE FOR USE IN JURISDICTIONS OUTSIDE FO THE UNITED STATES, OR THAT THESE TERMS OF USE COMPLY WITH THE LAWS OF ANY OTHER COUNTRY.  YOU AGREE THAT YOU WILL NOT ACCESS THE SERVICES FROM ANY TERRITORY WHERE THE CONTENT IS ILLEGAL AD THAT YOU, AND NOT THE ON BEING PROJECT, ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS.

THE ON BEING PROJECT DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED BY THE ON BEING PROJECT SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE, AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF THE ON BEING PROJECT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR AFFILIATES, SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

ANY RELIANCE UPON THE CONTENT OR THE SERVICES SHALL BE AT YOUR OWN RISK.  YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR ANY CHANGES TO THE CONTENT.  THE SERVICES AND/OR THE CONTENT MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, AND OUT-OF-DATE INFORMATION.  THE ON BEING PROJECT MAKES NO REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT POSTED AND MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.  THE ON BEING PROJECT RESERVES THE RIGHT TO MAKE CHANGES TO THE SERVICES AT ANY TIME.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE ON BEING PROJECT, ITS AFFILIATES, AND ITS AND THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY LIABILITY (A) AS A PUBLISHER OF INFORMATION; (B) FOR ANY INCORRECT OR INACCURATE INFORMATION; (C) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (D) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES; OR (E) FOR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY THIRD PARTY WEBSITE.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR AND OUR AFFILIATES’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS.  THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).  YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID THE COMPANY ANY AMOUNTS FOR THE SERVICES PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO STOP USING THE SERVICES.

Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case, the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Claim Limitation Period

You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising from or relating to the Services, these Terms of Use, or the Privacy Policy must be filed within six (6) months after such claim or cause of action arose, or is forever barred.

Indemnification

You agree to indemnify and hold the On Being Project, its subsidiaries and affiliates, and its and their respective officers, agents, partners, and employees, as well as its media guests and participants and business partners harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of your use of the Services in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or your use of the Services, including your submission of User Generated Content. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

Links to Third-Party Websites

The Services may provide links to other websites, applications, platforms, or services maintained or operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. The On Being Project shall not be responsible or liable, directly or indirectly, and we expressly disclaim any responsibility for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

Data Usage Charges

The Services include audio, video, and other Content or User Generated Content available for streaming via mobile devices.  You acknowledge and agree that streaming media can result in high data usage and may lead to excess data charges.  We encourage you to monitor your wireless plan, data use, and data charges.  You further acknowledge and agree that you are solely responsible for any data-related costs you incur to access the Services, including any excess data charges.

Modification and Discontinuation

We reserve the right at any time and from time to time to modify, edit, delete, suspend, or discontinue temporarily or permanently the Services (or any portion thereof) and/or the Content, information, materials, products, and/or services available through the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of the Services.

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by the On Being Project of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.  To the fullest extent permitted by applicable law, NO CLAIM RELATED TO THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

Governing Law, Jurisdiction, and Venue

These Terms of Use will be governed under the laws of the United States, including U.S. federal copyright and trademark laws, and the laws of the State of Minnesota applicable to contracts entered into and to be wholly performed therein without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be venued exclusively in state or federal court in the City of Minneapolis, County of Hennepin, Minnesota. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.

Use Outside of the United States

Except as expressly set forth in these Terms of Use (including the Privacy Policy), we expressly disclaim any representation or warranty that the Services comply with any or all applicable laws and regulations outside of the United States. If you use any of the Services outside of the United States, you acknowledge and agree that you are responsible for ensuring your use of the Services is in full compliance with all applicable laws, regulations, and customs of the jurisdiction in which you are located.

Force Majeure

Notwithstanding any other provision contained in these Terms of Use, in the event that the performance of any obligation of the On Being Project is prevented due to acts of God, exchange controls, export or import controls, or any other government restriction, wars, hostilities, blockades, civil disturbances, revolutions, strikes, lockouts, or any other cause beyond the reasonable control of the On Being Project, then the On Being Project will not be responsible to you for any failure or delay in the performance of its obligations.  We will promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, us from our duty to perform until as soon as practicable after a force majeure condition ceases to exist.

Entire Agreement

These Terms of Use (together with our Privacy Policy and any Other Terms) contain the entire understanding and agreement between you and the On Being Project with respect to the Services and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and the On Being Project with respect to the Services and your use of the Services.  As used in these Terms of Use, “including” means “including, but not limited to.”  You may not assign your rights or obligations under these Terms of Use without the prior express written consent of the On Being Project.

Questions

If you have any questions about the Services or these Terms of Use, please contact us using the following information:

The On Being Project
1619 Hennepin Avenue
Minneapolis, Minnesota 55403
Telephone: 612-584-3859

Email: [email protected]

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