1. Extent of Rights to Use. It is important to read these Terms and Conditions of Use ("Terms and Conditions") because your access to and use of the web site www.juniperpath.org ("Site") is conditioned on fully complying with these Terms and Conditions. If you do not agree to these Terms and Conditions, do not view, browse or use any portion of the Site. The Site is operated by Juniper Foundation ("Juniper").
2. Use of Materials. Materials on this Site including but not limited to software, images, text, graphics, music, videos, programs, user interfaces, logos and trademarks, along with the overall "look and feel" of the Site (collectively referred to as the "Material"), are owned or licensed by Juniper and are protected under various intellectual property laws. Except as otherwise indicated on this Site, copying, reproduction, uploading, downloading, transmitting or any other use of the Material, in whole or part, without the express written permission of Juniper, is prohibited. However, if you have an Account (described below) with Juniper Foundation, you may, stream or download digital class videos or audio files, and view or download class documents for your personal, non-commercial use, provided you agree not to conceal, remove or alter any trademark, copyright or other notice contained on: (i) this Site; (ii) any of the Material; or (iii) any such individual pages. Your use hereunder does not grant you any ownership rights to such Material and Juniper and its licensors reserve all rights to such Material. You may not reverse engineer, decompile, disassemble, or modify any Material, or copy, reproduce, download, transmit and/or print substantial portions of this Site or the Material contained hereon without the express written permission of Juniper. Any unauthorized use of this Site and/or the Material may subject you to criminal prosecution and/or civil liability under applicable law.
3. Copyright Notice; Ownership. All Materials and software published on or used on the Site are protected by copyright, and owned or controlled by or licensed to Company, or the party listed as the provider of the Materials or software. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING ANY OF THE MATERIAL IS PROHIBITED. If permitted under these Terms of Use, you may download anydownloadable materials displayed on the Site only for personal, noncommercial and informational purposes, provided that the documents are not modified and you maintain and abide by all copyright, trademark and other notices contained in such material or if there is not a notice in such portion of materials, you must include the following copyright notice in such downloaded materials:
©2015 Juniper Foundation. All rights reserved. All use subject to Terms and Conditions of Use set forth at http://juniperpath.org/terms-and-conditions/
Except as expressly provided in a separate license agreement, Company and its suppliers of the Site materials and software do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secret information.
4. Your Account; Registration. Before you subscribe to the Site, you must first establish a customer account ("Account"). You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your Account. You agree to notify Juniper immediately of any unauthorized use of your Account or password, or any other breach of security. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distribute instructions, software or tools for that purpose, your Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the Login button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Material, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Material, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
You also agree that Juniper may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Material, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of the Terms and Conditions, (5) failure to pay for subscriptions or purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that Juniper will not be liable to you or to any third party for termination of your access to the Site.
5. Privacy. As more fully described in our Privacy Policy, you must disclose certain Personally Identifiable Information to register for your Account and purchase products or services from our Site. As a condition of registering with our Site or making any purchases of any products and/or services, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and non-personally identifiable information as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases. While Juniper takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL JUNIPER OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES OR COSTS (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES OR COSTS ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER JUNIPER WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
6. Modification. Juniper may revise these Terms and Conditions of Use at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions. So, you should visit this page from time to time.
7. Prohibited Uses, Communications and Content. Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate business purpose. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without our express written permission. You agree not to use the Site to: (1) impersonate any person or entity; (2) post or carry out activity that is unlawful, offensive, false or misleading or constitutes or encourages the conduct of a criminal offense; (3) cause injury of any kind to any person or entity; (4) store on, send, post or otherwise use the Site to anything that contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (5) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; (6) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity; or (7) transmit chain letters, junk mail, "spamming," solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any Company employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that: (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (x) creates a link to another Site.
8. Use and Monitoring. While Juniper has no obligation to monitor the Site and is not responsible for the content of any messages, information or files transmitted onthe Site, Company reserves the right to delete and take other appropriate action with respect to any messages, information or files for any reason, including denying access to the Site to anyone at anytime. All persons are hereby notified that use of the Site constitutes consent to such actions, monitoring and auditing.
9. Conditions of Sale and Payment Terms; Methods of Payment, Credit Card Terms and Taxes. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, and (b) be a natural person (no corporations, partnerships or other legal entities). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us or our agents to charge your card at our convenience but within thirty (30) days of credit card authorization. Unless otherwise set forth on the applicable portion of the Site for particular products or services, all sales of products and services are final and all charges from those sales are nonrefundable. For any form of payment we offer or accept, you hereby agree to all restrictions, terms and conditions associated with such form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms and Conditions to determine your rights and liabilities as a cardholder. YOU, AND NOT JUNIPER, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Juniper of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Juniper does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Juniper or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Juniper shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and any other states or localities that it deems is required.
10. Membership Billing. Subscription memberships are billed monthly and are renewed automatically. There are no refunds, and you may cancel anytime. Subscriptions must be canceled prior to the renewal date in order to end renewal charges.
11. Trademark Notice. "Juniper" is a trademark and service mark of Juniper Foundation and is protected by law. You may not use those marks without express written permission of the owner. Certain other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners. Fair use of the trademarks and service marks requires proper acknowledgment.
12. Copyright; Commercial Use of Company Site Materials and Screen Shots. Reproduction, copying, or redistribution of materials on the Site for commercial purposes is prohibited without the express written permission of Company. To obtain permission to copy portions of this site, please send email to team@juniperpath.org and provide the following information in the body of the email:
We will evaluate and respond to your request as soon as possible. Company reserves the right to refuse permission to copy, distribute, broadcast, or publish any of its copyrighted material, including text and images on our Site.
13. Modifications to Prices or Billing Terms. JUNIPER RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
14. Electronic Communications. Communications made through the Site's email and messaging system shall in no way be deemed to constitute legal notice to Company or any of its officers, employees, agents or representatives, such as where notice to Company is required by contract, or any federal, state or local laws, rules or regulations. When you communicate with Juniper electronically, via email or otherwise,when you set up an Account with Juniper, and each time you make a purchase from, or stream from the Site, you consent to receive electronic communications from Juniper. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Juniper satisfy any legal requirement that such communication be in writing. If you receive marketing e-mails from Juniper and wish to opt out, you may send an e-mail to us at info@juniperpath.org or follow the opt-out procedures set forth in such marketing e- mails.
15. Links to Other Sites and/or Materials. Links may appear on the Site that may be used to link to other Site(s). These links are provided as a courtesy to Site visitors. Company has no control over the linked Sites or the materials, information, goods or services available or contained on these linked Sites. Company is not responsible for and does not endorse or warrant in any way any materials information, goods or services available through such linked Sites or any privacy or other practices of such Sites. If you decide to access any of the linked Sites, you do so entirely at your own risk. Company reserves the right to terminate any link at any time.
16. Mobile Communications. If you request to receive information by mobile device or text message, you consent to our communicating with you via your mobile device. Your carrier's normal messaging, data or other fees will apply. 17. Transmitting and Streaming. Juniper is not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the Internet.
Juniper does not warrant or represent that this Site will meet your requirements, that access or streaming will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system.
18. Disclaimer; Limitation of Damages. (a) Juniper is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE OR DESCRIBED ON THE SITE OR ACCESSED BY MEANS THEREOF) IS PROVIDED "AS IS," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, JUNIPER MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT WILL JUNIPER, ITS SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE'S CONTENT BE LIABLE FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE SITE, FOR ERRORS OR MISTAKES MADE BY HUMANS OR MACHINES, OR FOR ANY ACTUAL, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE MATERIALS AND INFORMATION CONTAINED ON OR AVAILABLE THROUGH THE SITE.
(b) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, JUNIPER DISCLAIMS ALL WARRANTIES OR REMEDIES FOR BREACH OF WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES DISPLAYED ON OR AVAILABLE OR ORDERED THROUGH ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF SUCH MATERIALS, INFORMATION, PRODUCTS OR SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(c) Any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk. Neither Company nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.
(d) YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHERMATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.
(e) WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY SITE LINKED TO THE SITE. We will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site. For more information, click here.
19. Indemnification. You agree to indemnify and hold Company and its parent companies, subsidiaries and affiliates, and their respective officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, violation of these Terms and Conditions of Use, or the infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.
20. Applicable Laws. Company operates the Site from its offices in California and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. The display of the Site alone does not subject Company to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. Any action brought to in connection with the Site or Site content shall be brought in either the state or federal courts with jurisdiction in San Mateo County, California.
21. Contact Information. Any questions regarding these Terms and Conditions should be directed to: info@juniperpath.org.
22. General Information. The Terms and Conditions constitute the entire agreement between you and Juniper and govern your use of the Site. The failure of Juniper to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the applicable provision, and the other provisions of the Terms and Conditions shall remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose. The section headings are for convenience only and have no legal or contractual effect.
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