PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE FOR THIS WEB SITE (“TOS”) BEFORE USING THIS SITE. By continuing to access, link to, or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THE TOS, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN PARAGRAPH 14 BELOW.

 

These TOS set forth the legal terms and conditions governing your use of our website located at www.thrivemindandlight.com and any other online and mobile websites, blogs and interactive applications operated by “Thrive Mind + Light” or Verdant Path LLC (the company) (unless a different policy is provided on a particular site, application or service, in which case such different policy shall govern and control). Verdant Path LLC reserves the right to amend, remove, or add to the TOS at any time. Such modifications shall be effective immediately. Accordingly, please continue to review the TOS whenever accessing, linking to, or using this site. For changes to these TOS that we deem material, we will place a notice on http://www.thrivemindandlight.com/ by revising the link on the homepage to read substantially as “Updated Terms of Use” for an amount of time that we determine at our discretion. Your access, link to, or use of the site, or any service on this site, after the posting of modifications to the TOS will constitute YOUR ACCEPTANCE OF THE TOS, as modified. If, at any time, you do not wish to accept the TOS, you may not access, link to, or use the site. Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by Verdant Path LLCand shall be of no force or effect.

 

A. General Terms

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1. User Consent to the TOS.

You represent that you have read and agree to be bound by the TOS.

 

2. Intellectual Property.

This Web site, and all of the content it contains, or may in the future contain, including but not limited to text, content, photographs, video, audio and graphics, goods, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Service”) that relates to this site, are owned by or licensed by Verdant Path LLC or other third parties and are protected from any unauthorized use, copying and dissemination by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by Verdant Path LLC, its general and limited partners, and its subsidiaries, and their respective general partners and affiliates (collectively “Verdant Path LLC”) and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Verdant Path LLC and such others. You agree to protect the proprietary rights of Verdant Path LLC and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by Verdant Path LLC or its suppliers and licensors of content, equipment, or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Service. You agree to notify Verdant Path LLC in writing promptly upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the “Intellectual Property Rights”) shall, as between you and Verdant Path LLC, at all times be and remain the sole and exclusive property of Verdant Path LLC. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Verdant Path LLC for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Verdant Path LLC’s prior written approval.

 

3. Restrictions on Use.

You may not use the Service for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the TOS. You agree to use the Service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Service in any manner that could compete with the business of Verdant Path LLC or any of its suppliers.

 

Except as expressly permitted by Verdant Path LLC in writing you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit post, frame, link, or in any way exploit any part of the Service, except that you may download material from the Service and/or make one print copy for your own personal, noncommercial use, provided that you retain all copyright and other proprietary notices. You may not recirculate, redistribute or publish the analysis and presentation included in the Service without Verdant Path LLC’s prior written consent. Nothing contained in the TOS or on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Service in any manner without the prior written consent of Verdant Path LLC or such third party that may own the Service or intellectual property displayed on this site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE SERVICE IS STRICTLY PROHIBITED. Any use of the Service other than as permitted by the TOS will violate the TOS and may infringe upon our rights or the rights of the third party that owns the affected Service. You agree to report any violation of the TOS by others that you become aware of.

 

You may use the “e-mail this article” function solely to inform others about a Verdant Path LLC News article, and you shall immediately cease using this function with regard to recipients who have requested not to receive such information. You may not offer any part of the Service for sale or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the internet without the prior written consent of Verdant Path LLC. The Service and the information contained therein may not be used to construct a database of any kind. Nor may the Service be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database Services containing all or part of the Service. You may not use the Service in any way to improve the quality of any data sold or contributed by you to any third party.

 

You may not input, distribute, upload, post, email, transmit or otherwise make available any content through the Service that: (i) is promotional in nature, including solicitations for funds or business, without the prior written authorization of Verdant Path LLC, or constitutes junk mail, spam, chain letters, pyramid schemes or the like; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iv) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment; (vi) is harmful to minors; or (vii) constitutes the personally identifiable information of any other person that such person has not authorized you to disclose.

 

You may not use any of the trademarks, trade names, service marks, copyrights, or logos of Verdant Path LLC in any manner which creates the impression that such items belong to or are associated with you or are used with Verdant Path LLC’s consent, and you acknowledge that you have no ownership rights in and to any of such items.

 

You may neither interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Service, any activities conducted on or through the Service or any servers or networks connected to the Service. You may neither obtain nor attempt to obtain through any means any materials or information on the Service that have not been intentionally made publicly available either by public display on the Service or through accessibility by a visible link on the Service. You shall not violate the security of the Service or attempt to gain unauthorized access to the Service, data, materials, information, computer systems or networks connected to any server associated with the Service, through hacking, password timing or any other means. You may neither take nor attempt any action that, in the sole discretion of Verdant Path LLC, imposes or may impose an unreasonable or disproportionately large load or burden on the Service or the infrastructure of the Service. You shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Service, any data or content found on or accessed through the Service, or any other Service information without the prior express written consent of Verdant Path LLC. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.

 

4. License.

(i) You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TOS. Should you choose to download content from the Service, you must do so in accordance with the TOS. Such download is licensed to you by Verdant Path LLC ONLY for your own personal, noncommercial use in accordance with the TOS and does not transfer any other rights to you.

 

(ii) Verdant Path LLC’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). Accordingly, we ask that you do not send us any original creative materials that you expect to be compensated for or that you would like to keep private. If you nevertheless choose to make any such submission, Verdant Path LLC may freely use the submission, in whole or in part, for any purpose without any obligation to you.

 

Without limiting the generality of the foregoing, if you submit material (i.e., user-generated content, including, but not limited to: comments, text, video, audio, and photographs) to this site, any other site owned by Verdant Path LLC and its affiliates or to Verdant Path LLC or its representative, or if you send us creative suggestions, ideas, notes, concepts, or any other information (each, a “Submission” and collectively, the “Submissions”), despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. None of the Submissions shall be subject to any obligation of confidence on the part of Verdant Path LLC, and Verdant Path LLC shall not be liable for any use or disclosure of any Submissions. Unless Verdant Path LLC indicates otherwise, you grant to Verdant Path LLC a perpetual, nonexclusive, irrevocable, fully paid, royalty-free, sublicensable and transferable (in whole or in part) worldwide right and license in any and all media, now known or later developed, to use, publish, reproduce, display, modify, transmit digitally, create derivative works based upon, distribute, copy, and otherwise exploit Submissions for any purpose whatsoever (including, without limitation, advertising, commercial, promotional and publicity purposes) in Verdant Path LLC’s discretion without additional notice, attribution or consideration to you or to any other person or entity. You also permit any other user to access, store, or reproduce Submissions for that user’s personal use. You grant Verdant Path LLC the right to use the name that you submit in connection with Submissions. You agree and understand that Verdant Path LLC is not obligated to use any Submission you make to this site or Verdant Path LLC and you have no right to compel such use. You hereby acknowledge and agree that your relationship with Verdant Path LLC is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Verdant Path LLC does not place Verdant Path LLC in a position that is any different from the position held by members of the general public with regard to your Submission. You represent and warrant that you are the original author or creator of the Submissions (except as expressly indicated otherwise), that neither the permission nor consent of any other person or entity is required to enable Verdant Path LLC to legally use your Submission in accordance with this license and that Verdant Path LLC’s use of your Submission in accordance with this license will not violate or infringe upon the rights of any person or entity, and that you own or otherwise control all of the rights to the Submissions that you submit; that the Submissions you submit are truthful and accurate; that use of the Submissions you supply does not violate this TOS and will not cause injury to any person or entity; and that you will indemnify Verdant Path LLC and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns for all claims resulting from Submissions you supply. Verdant Path LLC and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns disclaim any responsibility and assume no liability for any Submissions submitted by you or any third party. You hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas, and forever release and discharge Verdant Path LLC and its licensees from any and all claims you may have in connection with Verdant Path LLC’s use of your Submission in accordance with this license. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of Verdant Path LLC’s actual or alleged exploitation or use of any material you submit to this site and/or Verdant Path LLC, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the exploitation or other use of any Verdant Path LLC product or service based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. You agree that this authorization contains the full and complete understanding between Verdant Path LLC and you regarding Verdant Path LLC’s use of your Submission and cannot be modified except by a document signed by Verdant Path LLC and you.

 

5. Fees and Payments.

Verdant Path LLC reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. This includes, but is not limited to Verdant Path LLC’s subscription service, which allows anonymous and registered users to access a limited number of free articles per month and a limited amount of free video every 24 hours, before requiring payment for additional access. Additional information regarding the terms of the subscription service may be found under Subscription Terms.

 

If at any time Verdant Path LLC requires a fee for portions of the Service or the Service as a whole, Verdant Path LLC will require you to register and create an account. The decision to provide the information required to create an account is purely voluntary and optional; however, if you elect not to provide such information, you will not be able to access certain content or participate in certain parts or features of this site. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by Verdant Path LLC or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other products or services. Certain portions of the Service or the Service as a whole may require a prepaid fee (“Prepaid Fee”), which may be modified from time to time in Verdant Path LLC’s sole discretion. The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless Verdant Path LLC receives all fees and charges payable by you, including the Prepaid Fee.

 

6. Registration and Account Creation.

As part of the registration and account creation process necessary to obtain access to certain portions of the Service, including those portions that require a fee or payment for access, you will select a username and a password. You will provide Verdant Path LLC with certain registration information, all of which must be accurate, truthful, and updated. You shall not: (i) select a username already used by another person; (ii) create an account for anyone other than yourself without permission; (iii) use a username in which another person has rights without such person’s authorization; or (iv) use a username or password that Verdant Path LLC, in its sole discretion, deems offensive or inappropriate. Verdant Path LLC reserves the right to deny creation of your account based on Verdant Path LLC’s inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify Verdant Path LLC by submitting FEEDBACK of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. You agree you will not sell, transfer or assign your membership or any membership rights. The use of your account by any individual under age eighteen (18) is strictly prohibited. If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Service. Verdant Path LLC reserves the right to terminate your account, in its sole discretion, at any time without notice. If we disable your account, you agree that you will not create another one without our permission. You may terminate your account at any time by submitting feedback. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated within five (5) business days. You are responsible for all charges incurred up to the time the account is terminated. Notwithstanding anything else herein, Verdant Path LLC reserves the right to pursue any and all claims against any user of your account. You agree to maintain only one account with the Service at any time and certify that you currently have no other account(s) with the Service.

 

7. Disclaimer and Limitation of Liability.

(i) YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT Verdant Path LLC MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. Verdant Path LLC DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THIS SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS SITE, THE SERVICE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. Verdant Path LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS SITE OR THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Verdant Path LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.

 

(ii) Verdant Path LLC does not warrant that the Service is compatible with your equipment or that the Service, or e-mail sent by Verdant Path LLC or its representative, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that Verdant Path LLC and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of Verdant Path LLC, its parent, or their respective affiliates, Suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns, or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against Verdant Path LLC by any other party; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods, or advertisements (“Third Party Sites”) that may be linked to the Service is not maintained or controlled by Verdant Path LLC. Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site Verdant Path LLC is not responsible for the availability, content, or accuracy of other Web sites, services, or goods that may be linked to, or advertised on, the Service. Verdant Path LLC does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods, or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other Websites, services, goods, or advertisements that may be linked to the Service. If you decide to leave this site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. Verdant Path LLC is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Service. You understand that Verdant Path LLC and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOS.

 

(iii) You acknowledge that: (i) the Service is provided for information purposes only and is not intended for trading purposes; (ii) the Service may include certain information taken from stock exchanges and other sources from around the world; (iii) Verdant Path LLC does not guarantee the sequence, accuracy, completeness, or timeliness of the Service or any information, facts, views, opinions, statements or recommendations contained on this site and/or the Service; (iv) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which Verdant Path LLC is a party; (v) none of the information contained on this site constitutes a solicitation, offer, opinion, endorsement or recommendation by Verdant Path LLC to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment; and (vi) the information provided on this site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. Accordingly, anything to the contrary herein set forth notwithstanding, Verdant Path LLC, its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (a) inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data; (b) delays, errors, or interruptions in the transmission or delivery of the Service; or (c) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.

 

(iv) UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Verdant Path LLC, ITS PARENTS, AFFILIATES, SUBSIDIARIES, SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF Verdant Path LLC HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY FROM OR IN CONNECTION WITH THIS SITE, THE SERVICE, USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL Verdant Path LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

 

BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

 

“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.”

 

You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute to it, with respect to any claims you may have in connection with this site or these TOS. In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by these TOS to release fully, finally and forever all such matters under these TOS In furtherance of such intention, the releases set forth in these TOS shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.

 

8. Your Authority to Agree to this TOS.

You represent, warrant and covenant that: (i) you have the power and authority to enter into this agreement; and (ii) you are at least eighteen (18) years old.

 

9. Sponsor Content.

(i) What Is Sponsor Content?

“Sponsor Content” consists of: (i) all paid-for content created by the Verdant Path LLC L.P. (“Verdant Path LLC”) custom content team (“Verdant Path LLC Custom Content”) in collaboration with advertisers, and served by or appears in any Verdant Path LLC medium and (ii) paid-for content supplied by advertisers that is served by or appears in any Verdant Path LLC medium. The foregoing categories include any paid-for content purchased under the AAAA/IAB Standard Terms and Conditions.

 

(ii) Standards And Procedures For Sponsor Content

In addition to the general advertising guidelines established by Verdant Path LLC, the standards listed below apply to Sponsor Content.

 

All Sponsor Content, regardless of platform, will comply with Verdant Path LLC’s guiding principles:

Transparency. All Sponsor Content and marketing messages will be clearly and distinctly differentiated from independent news content.

Independence. No Verdant Path LLC journalist will participate in the production, editing or promotion of customized content or an advertorial. Sponsor agenda and/or concern will neither dictate nor delay editorial direction.

Editorial judgment. Verdant Path LLC maintains the right to reject any program, advertiser or speaker whose presence would compromise the Verdant Path LLC brand.

All Sponsor Content will be appropriately labeled and distinguished from Verdant Path LLC editorial content in form, function and placement through the use of different type fonts, colors and graphics.

Paid programming, advertorials, and sponsored programs/segments will be clearly and prominently labeled as advertising. No Sponsored Content will imply endorsement of any product or service by Verdant Path LLC, nor will it feature any recognizable Verdant Path LLC names or logos.

Verdant Path LLC may, in its sole discretion, allow the use of a Verdant Path LLC Custom Content logo to be used in Sponsor Content. The design and placement of such logo will be at the discretion of Verdant Path LLC, and any and all such uses shall be subject to Verdant Path LLC’s prior written approval.

All Sponsor Content must be approved in advance and in writing by a Verdant Path LLC Custom Content editor before it appears on any Verdant Path LLC medium.

Sponsor Content is neither produced by nor contributed to by any editorial team member of any Verdant Path LLC medium, nor does it necessarily reflect the views of the editors of any Verdant Path LLC medium. A disclaimer similar to the following will be included with all Sponsor Content: “A sponsor paid for the creation and placement of the content on this page. No editorial member of any Verdant Path LLC medium contributed to any part of its creation, and it does not necessarily reflect the editorial views of Verdant Path LLC L.P. or any of its affiliated entities.”

Verdant Path LLC may, in its sole discretion, include a more detailed disclaimer with certain Sponsor Content.

Verdant Path LLC reserves the right to refuse or remove any program, advertiser or speaker that in any way: (i) disparages, defames or discredits Verdant Path LLC or its products or services or otherwise compromises- in quality or presence- Verdant Path LLC’s brand or (ii) is false, misleading, deceptive or illegal.

Where Sponsor Content allows user participation, the moderation and functionality of this element will be determined and implemented solely by Verdant Path LLC and will be subject to the general Terms of Service for the applicable Verdant Path LLC medium.

In the case of Sponsored events, sponsors will be clearly identified to all on-site participants and in marketing materials tied to the relevant conference or event in language that indicates their role as underwriters. Verdant Path LLC does not guarantee speaking roles or other on-stage participation for paying sponsors and maintains editorial control and veto power.

10. Indemnification.

You agree, at your own expense, to indemnify, defend and hold harmless Verdant Path LLC, its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer’s use of the Service; (ii) use by someone using your account; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. Verdant Path LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Verdant Path LLC in asserting any available defense. You acknowledge and agree to pay Verdant Path LLC’s reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by Verdant Path LLC under the TOS and any other terms and conditions of service on this site, including without limitation, lawsuits arising from your failure to indemnify Verdant Path LLC pursuant to the TOS.

 

11. Termination.

(a) You may terminate the TOS, with or without cause and at any time, by discontinuing your use of the Service and destroying all materials obtained from the Service. (b) You agree that, without notice, Verdant Path LLC may terminate the TOS, or suspend your access to the Service, with or without cause at any time and effective immediately. The TOS will terminate immediately without notice from Verdant Path LLC if you, in Verdant Path LLC’s sole discretion, fail to comply with any provision of the TOS. (c) Verdant Path LLC shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service. Upon termination of the TOS by you or Verdant Path LLC, you must discontinue your use of the Service and destroy promptly all materials obtained from the Service and any copies thereof. Verdant Path LLC will determine your compliance with the TOS in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any violation of the TOS may result in restrictions on your access to all or part of this site and may be referred to law enforcement authorities. No changes to or waiver of any part of the TOS shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of Verdant Path LLC. Upon termination of your membership or access to this site, or upon demand by Verdant Path LLC, you must destroy all materials obtained from this site and all related documentation and all copies and installations thereof. You are advised that Verdant Path LLC will aggressively enforce its rights to the fullest extent of the law.

 

12. Non-United States Residents & Jurisdictional Issues.

(i) Verdant Path LLC operates this site in the United States. Verdant Path LLC makes no representation that the Service, including merchandise offered for sale on this site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. If you access this site from locations outside of the U.S. you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

(ii) This site is controlled and operated by Verdant Path LLC from its offices within the State of New York, United States. Verdant Path LLC makes no representation that materials in this site are appropriate or available for use in other locations.

 

13. Governing Law.

The TOS shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law principles thereof. With respect to any disputes or claims not subject to arbitration, you agree to submit to the personal jurisdiction of the state and federal courts located in New York County in the State of New York with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS.

 

14. Mandatory Arbitration and Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT IN COURT.

 

(i) Informal Dispute Resolution Procedure. If a Dispute (as that term is defined below) arises between you and Verdant Path LLC, we are committed to working with you to try to reach a reasonable resolution. For any such Dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. Such informal resolution requires first sending a written description of the dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address associated with your account, if applicable, to the following email address: hello@thrivemindandlight.com. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; the specific relief sought; and proof of your relationship with Verdant Path LLC. If the Dispute is not resolved within sixty (60) days after receipt of the written description of the Dispute, you and Verdant Path LLC agree to the further Dispute resolution provisions below.

 

The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

 

(ii) Mutual Arbitration Agreement. If the informal dispute resolution procedure does not lead to resolution, then either party may initiate binding arbitration as the sole means to resolve Disputes, (except as provided in herein) subject to the terms set forth below and the National Arbitration and Mediation (“NAM”) rules. If you are initiating arbitration, a copy of the demand shall also be emailed to hello@thrivemindandlight.com. If you are a Verdant Path LLC registered user, any demand initiating arbitration, whether filed by you or Verdant Path LLC, must include the email address you used to register with Verdant Path LLC.

 

You agree that by using this site in any way, you unconditionally consent and agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Verdant Path LLC and/or its parent, subsidiaries, affiliates and each of their respective current or former members, officers, directors and employees (all such individuals and entities collectively referred to herein as the “Verdant Path LLC Entities”) arising out of, relating to, or connected in any way with Verdant Path LLC’s website or app or these TOS, including the determination of the scope, enforceability, or applicability of this Arbitration Agreement (as defined below), including, but not limited to any claim that all or any part thereof of this Arbitration Agreement is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment) (“Dispute”) will be resolved exclusively by final and binding arbitration in accordance with this Section 14 (“Arbitration Agreement”). This includes claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.

 

Notwithstanding the parties’ decision to resolve all Disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights) or for defamation; and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

 

(iii) Class Arbitration and Collective Relief Waiver. YOU AND Verdant Path LLC ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN SUBPART (VI) BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR COLLECTIVE ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM, UNLESS Verdant Path LLC PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

 

With the exception of this subpart (iii) and subpart (vi) below, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of NAM, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, this subpart (iii) or subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Verdant Path LLC shall be entitled to arbitrate their dispute.

 

(iv) Arbitration Rules. The arbitration will be administered by NAM and conducted before a sole arbitrator in accordance with the rules of NAM, including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com.

 

(v) Arbitration Location and Procedure. For all U.S. residents, the arbitration shall be held (i) at a location determined under the applicable NAM rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. For non-U.S. residents, the arbitration shall be held in New York City, New York (unless otherwise agreed by the parties). The arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.

 

If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Verdant Path LLC submit to the arbitrator, unless the arbitrator determines that a hearing is necessary or the parties agree otherwise. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.

 

Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Verdant Path LLC (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

 

(vi) Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM against Verdant Path LLC (“Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Verdant Path LLC and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with Verdant Path LLC and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless Verdant Path LLC otherwise consents in writing, Verdant Path LLC does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this subpart (vi). If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.

 

The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If the batching provision in this subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Verdant Path LLC shall be entitled to arbitrate any claim that is a part of the Mass Filing.

 

(vii) Mediation Following First Batch in a Mass Filing. The results of the first batch of demands will be given to a NAM mediator selected from an initially proposed group of 5 mediators, with Verdant Path LLC and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, Verdant Path LLC, the mediator and the remaining claimants will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If they are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either Verdant Path LLC or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in court. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Verdant Path LLC nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Opt out of arbitration under this section shall not be construed as opt out of Section 15 titled “Class Action Waiver” below. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

 

(viii) Arbitrator’s Decision. The arbitrator’s decision shall be controlled by the terms and conditions of these TOS and any of the other agreements referenced herein that the applicable user may have entered into in connection with the website. The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the terms of the “Disclaimer and Limitation of Liability” section of these TOS as to the types and the amounts of damages or other relief for which a party may be held liable. Except for decisions in arbitrations that are joined together in a single batch, no individual arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration if authorized under applicable substantive law governing the claims in the arbitration.

 

(ix) Fees. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Verdant Path LLC will pay any filing and hearing fees in in excess of $250 that the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith, in which case arbitration fees (including attorneys’ fees) may be imposed upon you consistent with the Arbitrator’s Rules and the standard for sanctions set forth in Federal Rule of Civil Procedure 11. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise, including as set forth in this Arbitration Agreement.

 

The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in subpart (vi)) provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

 

(x) 30-Day Right to Opt Out. You have the right to opt out and not be bound by the Arbitration Agreement by sending written notice of your decision to opt out to legalnotices@Verdant Path LLC.net with the subject line, “ARBITRATION OPT-OUT”. The notice must be sent within thirty (30) days of (a) July 31, 2023; or (b) your first use of the Service, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, Verdant Path LLC also will not be bound by it.

 

(xi) Changes. Verdant Path LLC will provide thirty (30) days’ notice of any material changes to this “Mandatory Arbitration and Class Action Waiver” section. Any such changes will go into effect 30 days after Verdant Path LLC provides this notice and apply to all claims not yet filed regardless of when such claims may have accrued. If Verdant Path LLC changes this “Mandatory Arbitration and Class Action Waiver” section after the date you first accepted this Arbitration Agreement (or accepted any subsequent changes to this Arbitration Agreement), you agree that your continued use of the Service 30 days after such change will be deemed acceptance of those changes.

 

15. Class Action Waiver.

You may only resolve Disputes with Verdant Path LLC on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated or representative action. Except as described in Section 14(vi), class actions, class arbitrations, collective actions, private attorney general actions and consolidation with other arbitrations aren’t allowed.

 

16. Compliance, Reputational, Operational and Other Considerations

You represent, warrant and covenant to Verdant Path LLC that none of you or any person who acts on your behalf or at your direction shall use (or enable others to use) the Services or anything created using the Services in connection with: (i) activities relating to nuclear, chemical or biological weapons proliferation, terrorism (including financing of terrorism), corruption, undermining of democratic rights and government, money laundering, tax evasion or human rights violations, or other similarly egregious activities or (ii) in connection with activity in, or for the benefit of, the non-Ukraine-government controlled regions of Ukraine, Syria, Cuba, North Korea, or Iran (each, an “Excluded Jurisdiction”).”

 

17. Economic Sanctions & Export Controls

Notwithstanding any other provision of these TOS, Verdant Path LLC does not represent that the Service or anything created using the Service is appropriate for use in any particular location or for any or all purposes. Those who choose to access the Service do so on their own initiative and are responsible for compliance with all applicable laws.

 

You represent, warrant and covenant to Verdant Path LLC that none of you or any person who acts on your behalf or at your direction shall use (or enable others to use) the Service, any software included in or downloaded from the Service or anything created using the Service in connection with activity: (i) in, or for the benefit of, any country or region with respect to which the United Nations, United States, European Union and/or United Kingdom (the “Sanctioning Authorities”) maintains sanctions prohibiting all or substantially all shipment or provision of services, goods, technology or software (a “Sanctioned Jurisdiction”); (ii) to, or for the benefit of, the government of an Excluded Jurisdiction or a Sanctioned Jurisdiction or a person located in or normally resident of an Excluded Jurisdiction or a Sanctioned Jurisdiction; (iii) involving or benefiting a government or person whose assets a Sanctioning Authority has blocked or to which a Sanctioning Authority restricts the shipment or provision of services, goods, technology or software (a “Prohibited Party”); (iv) to the extent applicable, for the purpose of transacting in, providing financing for, or otherwise dealing in prohibited equity or debt of, or extending credit to, persons identified by (or owned or controlled, whether individually or in aggregate, by persons identified by) any Sanctioning Authority as being subject to sanctions prohibiting such activities; or (v) for any purpose that would be prohibited under the economic sanctions of any Sanctioning Authority. Without limiting the foregoing, you agree to not use Verdant Path LLC’s products or services to engage in new investment in the Russian Federation or to directly or indirectly export, reexport, sell, or supply accounting, auditing, bookkeeping, tax consultancy, trust and corporate formation, or business or management consulting or public relations services to the government of Russia or any person located in the Russian Federation. Each time you receive or use the Service or anything created using the Service, you shall be deemed to represent and warrant to Verdant Path LLC and its affiliates that none of you, any person who acts on your behalf or at your direction, or any person on whose behalf you are acting, is: (i) located in or normally a resident of, or the government of, any Excluded Jurisdiction or Sanctioned Jurisdiction; or (ii) a Prohibited Party.

 

18. Miscellaneous.

You accept that Verdant Path LLC has the right to change the content or technical specifications of any aspect of the Service at any time in Verdant Path LLC’s sole discretion. You further accept that such changes may result in your being unable to access the Service. The failure of Verdant Path LLC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. Sections 2 through 10, 11(c), and 12 through 20 shall survive any termination of the TOS.

 

19. Headings.

The section titles in the TOS are used solely for the convenience of you and Verdant Path LLC and have no legal or contractual significance.

 

20. Severability.

If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force.

 

21. Entire Agreement.

The TOS and any other terms and conditions of service on this site, and its successor, constitute the entire agreement between you and Verdant Path LLC, govern your use of the Service, and supersede all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. These TOS may not be amended, nor any obligation waived, without Verdant Path LLC’s written authorization.

 

B. SUBSCRIPTION TERMS

 

1. Payment Policy

Subscriptions purchased via Verdant Path LLC.com/subscriptions are billed either monthly or annually. Your selected payment method will be charged automatically on a recurring monthly or annual basis. Your subscription will be renewed automatically, and you will be charged in advance of each billing cycle unless you cancel.

 

If you subscribed under an introductory offer, at the end of your introductory period, your payment method on file will be charged automatically each month for the full price of your subscription.

 

a. Student Subscriptions

 

Current students (in both undergraduate and graduate programs), who are over the age of 18, are eligible for purchasing a Verdant Path LLC Student Digital subscription. After your program has ended and you can no longer be verified as a student, your subscription will increase to the full priced Digital Access Plan.

 

b. Free Subscriptions

 

If you are redeeming a free subscription, by accepting this subscription, you confirm that you are in compliance with your company’s internal policies and all applicable anti-corruption laws. You confirm that no business, or anything else of value, has been promised to Verdant Path LLC in return for this subscription, the value of which is approximately $150USD.

 

c. Gift Subscriptions

 

The Verdant Path LLC gift subscription (“Gift Subscription”) entitles the gift recipient to a one-year Verdant Path LLC Digital Access subscription, which will begin upon activation. Gift subscriptions are not eligible for existing Verdant Path LLC.com subscribers. For the US, gift subscriptions may be purchased and activated only by U.S. residents age 18 or older. Gift Subscription purchaser and recipient must read and agree to the complete Gift Subscription Terms applicable to this program. The Gift Subscription Terms are applicable to both purchasers of Gift Subscriptions and recipients of Gift Subscriptions.

 

The Gift Subscription has no cash value and may not be redeemed for cash except as required by applicable law. The activation code associated with your Gift Subscription is for a one-time use only. Activation of the Gift Subscription may not be combined with any other offers, coupons, discounts, or promotions. The Gift Subscription may not be exchanged or credited toward the purchase of any subscription services other than a one-year Verdant Path LLC Digital Access subscription. Verdant Path LLC reserves the right to refuse to honor any Gift Subscription in the event of a disputed credit card charge or other payment failure related to purchase of the Gift Subscription. Gift Subscriptions are not refundable except as required by applicable law. Gift Subscription may not be resold or transferred without Verdant Path LLC’s except express written authorization. Gift Subscription is not valid and will not be honored, and Verdant Path LLC will not be liable for the value of the Gift Subscription, if the Gift Subscription is obtained from an unauthorized seller or reseller, including, without limitation, through any Internet auction site. Verdant Path LLC is not responsible for lost or stolen Gift Subscription activation codes. Verdant Path LLC reserves the right to refuse to honor a Gift Subscription if Verdant Path LLC suspects that the Gift Subscription was obtained or activated fraudulently.

 

To extend access to Verdant Path LLC content when the Gift Subscription ends, gift recipients will be required to become a paying subscriber in accordance with Verdant Path LLC’s then-current subscription terms.

 

 

2. Cancellation & Refund Policy

In order to change or cancel your subscription, please write to hello@thrivemindandlight.com

 

C. LINKING AND FRAMING TERMS AND CONDITIONS

 

YOU MAY NOT FRAME THIS WEB SITE, OR ANY PORTION THEREOF, EXCEPT AS PROVIDED HEREIN. IF YOU LINK TO THIS WEB SITE, OR ANY PORTION THEREOF, WE REQUIRE THAT YOU FOLLOW THESE TERMS.

 

1. Intellectual Property.

Upon linking to this Web site pursuant to the TOS, you will be granted a non-exclusive, non-transferable, royalty-free sub-license to use the Verdant Path LLC mark owned by Verdant Path LLC Finance L.P. solely for providing an underlined, textual link from your Web site to Verdant Path LLC.com. No other use of Verdant Path LLC’s marks, names or logos is permitted without express written permission from Verdant Path LLC.

 

2. Restrictions on Linking to this Web Site.

Without limiting other provisions contained in our TOS, you may include a link(s) on your Web site to Verdant Path LLC.com’s publicly accessible Web pages (i.e., any Web page which does not require a login and password and/or restrict access). You may not link to Verdant Path LLC.com any site containing an inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights, or is otherwise deemed inappropriate, as determined by Verdant Path LLC in its sole discretion. The link to this site must not damage, dilute or tarnish the goodwill associated with any Verdant Path LLC names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with Verdant Path LLC. Verdant Path LLC reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that Verdant Path LLC deems to be inappropriate or inconsistent with or antithetical to this site and/or these TOS.

 

3. Restrictions on Framing Activities.

Verdant Path LLC is concerned about the integrity of this Web site when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, Verdant Path LLC is concerned with activities such as bringing up or presenting content of this Web site within another Web site (“framing”). In this regard, without limiting the provisions contained in our TOS, you may not frame any Web page from Verdant Path LLC.com, except with our express written permission. Further, you may not archive, cache, or mirror any Verdant Path LLC.com Web page or portions of a Web page. If you would like to use, reprint, frame, or redistribute any Verdant Path LLC.com content other than as permitted herein, you must request permission from Verdant Path LLC by writing to FEEDBACK. Please include: (a) your name, e-mail address, and telephone number; (b) the name of your company; (c) the Web site address(es) where the proposed use will occur; and (d) specific details about the contemplated linking or framing activities, including the content or Web page(s) of this Web site which you would like to use.

 

G. INTELLECTUAL PROPERTY ISSUES

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1. General Inquiries:

Please send general inquiries regarding intellectual property issues to FEEDBACK

 

2. Copyright Agent for Copyright Infringement Claims (Digital Millennium Copyright Act):

If you believe that any content appearing on this site has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

 

a. Your name, address, telephone number, and email address;

b. A description of the copyrighted work that you claim has been infringed;

c. The exact URL or a description of where the alleged infringing material is located;

d. A 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;

e. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

f. 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.

Copyright Agent: hello@thrivemindandlight.coim

 

H. PRIVACY POLICY FOR THIS WEB SITE

 

Click here for this site’s privacy policy