1. ACCEPTANCE OF TERMS

The Source Legacy Foundation, Inc., owner of this and any future web sites with the URLs www.sourcelegacy.org, www.sourcelegacy.com, and www.sourcelegacy.net, provides a collection of online resources which includes but is not limited to advice columns, news, reviews, notices, newsletters, stories, ads, products, creative expressions and forums, essays, community awareness forums, earth awareness forums, and citizen awareness forums (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"), which may be updated by The Source Legacy Foundation, Inc. (hereafter referred to as “SourceLegacy”) from time-to-time at our sole discretion with no obligation to post updates reports. It is the user’s responsibility to check here for relevant or applicable policy updates. By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular SourceLegacy services, you agree to abide by any applicable posted guidelines for all SourceLegacy services, which may change from time-to-time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with SourceLegacy in any way, your only recourse is to immediately discontinue use of SourceLegacy or any web site owned and operated by The Source Legacy Foundation, Inc. – which currently includes “Living Creations” at www.sourcelegacy.org.

2. CONTENT

All content posted on or by this Service is either (1) copyrighted original material; (2) reprinted material that has been approved for such purposes and/or referenced as accurately as possible (with no guarantees as to accuracy); (3) material submitted via the internet whose authorship may be unknown to the governors of the service; or (4) original or reprinted commentary that is Constitutionally protected under Article One of the Bill of Rights (Free Speech). The information on this site is provided for educational purposes only and is not intended as a substitute for the diagnosis, treatment or advice of a “qualified” professional. You understand that your use of this web site is on the basis of your agreement that the Source Legacy Foundation and its integrated auxiliaries assume no responsibility for the use or misuse of the material presented here. You likewise understand that viewing, reading, or perusing any or all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service is your sole responsibility and exempts SourceLegacy from ALL legal liability as regards the use or misuse of any such material or content. SourceLegacy reserves the right to make editorial changes to any or all submissions, including grammatical, stylistic, or conceptual changes, and reserves the right to reprint or use in any medium, for any purpose at our sole discretion material that is submitted to us or made available to us via email or otherwise. All postings arranged through outside submissions (e.g., individuals who submit their materials to SourceLegacy) are the sole responsibility of the person(s) from whom such Content originated. More specifically, while SourceLegacy will attempt to screen and edit submissions if necessary, submitters are entirely responsible for all Content that is posted and made available via the Service, email or otherwise. SourceLegacy shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason. You understand that by using the Service, you may be exposed to Content that presents opinions, ideas, or thoughts that run contrary to your own spiritual, environmental, ecological, ecumenical, religious, political, sociological, cosmological, scientific, artistic, psychological, emotional, personal, or professional beliefs. Material that you find in any way offensive, indecent, inaccurate, misleading, or otherwise objectionable is your sole responsibility and your only recourse is to immediately discontinue use of SourceLegacy. Furthermore, the SourceLegacy site and Content available through the Service may contain links to other websites which are completely independent of SourceLegacy. SourceLegacy makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. While SourceLegacy does its best to provide integral links, you agree that linking to any other web site from SourceLegacy is your choice, and is done so at your own risk. You agree that you must evaluate, and bear all risks associated with the use of any Content, that you may not rely on said Content except through your own discretion, and that under no circumstances will SourceLegacy be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed directly or indirectly, or otherwise made available via the Service.

3. PRIVACY AND INFORMATION DISCLOSURE

SourceLegacy has established a Privacy Policy in order to demonstrate our firm commitment to privacy, and to explain to users how their information is collected and used, located below under the heading “Privacy Policy”. Your use of the SourceLegacy website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that SourceLegacy may, in its sole discretion, preserve or disclose any or all of your Content submitted in any form to the Service, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms; (3) respond to claims that any Content violates the rights of third-parties; (4) respond to claims that contact information (e.g., phone number, street address) of a third-party has been posted, used, or transmitted without their consent or as a form of harassment; (5) protect the rights, property, or personal safety of SourceLegacy, its staff or governors, its users, or the general public.

4. CONDUCT

You agree not to post, email, or otherwise make available Content:

·      that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or that is harmful to minors in any way;

·      that is pornographic or depicts a human being engaged in sexual conduct;

·     that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

·     that impersonates any person or entity, including, but not limited to, a SourceLegacy employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages, content, or postings that are lawful non-deceptive parodies of public figures);

·     that includes personal or identifying information about another person without that person's explicit consent;

·     that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";

·     that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

·     that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

·     that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the SourceLegacy sites which are not designated for such purposes; or (2) emailed to SourceLegacy users who have requested not to be contacted about other services, products or commercial interests;

·     that includes links to commercial services or web sites, except as allowed in "services";

·     that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by New Mexico state law or federal law;

·     that 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;

·     that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or

·     that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted to or through the Service.

Additionally, you agree not to:

·      contact anyone who has asked not to be contacted;

·      "stalk" or otherwise harass anyone;

·      collect personal data about other users for commercial or unlawful purposes;

·      use automated means, including spiders, robots, crawlers, Trojans, data mining tools, or the like to download data from the Service - unless expressly permitted by SourceLegacy;

·      post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

·      attempt to gain unauthorized access to SourceLegacy's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the SourceLegacy website.

5. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to SourceLegacy email addresses or through SourceLegacy computer systems, which is expressly prohibited by these Terms, constitutes unauthorized use of SourceLegacy computer systems and is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

6. LIMITATIONS ON SERVICE

You acknowledge that SourceLegacy may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that SourceLegacy has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that SourceLegacy reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that SourceLegacy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

7. ACCESS TO THE SERVICE

SourceLegacy grants you limited, revocable, nonexclusive access to the Service for your own personal use of the Service, and not to download (other than page caching) or modify it, or any portion of it, or any Content made available via the Service without the express written consent of SourceLegacy. This access does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by SourceLegacy. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

SourceLegacy permits you to display on your website, or create a hyperlink on your website to, individual pages or postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web logs [blogs] or personal online media). You may also create a hyperlink to the home page of SourceLegacy sites so long as the link does not portray SourceLegacy, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

SourceLegacy offers (currently or in the future) various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. SourceLegacy permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web log [blog], provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'SourceLegacy' as the source, (d) your use or display does not suggest that SourceLegacy promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden SourceLegacy's systems. SourceLegacy reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to you by SourceLegacy immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from SourceLegacy.

9. TERMINATION OF SERVICE

You agree that SourceLegacy, in its sole discretion, has the right (but not the obligation) to block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if SourceLegacy believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that SourceLegacy shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of these Terms.

10. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that SourceLegacy shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on or through this site, or between users and any third party, you understand and agree that SourceLegacy is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release SourceLegacy, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." For all other residents, you agree to waive any civil code which states or implies that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.

11. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of SourceLegacy. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of SourceLegacy, and agree to abide by any and all copyright laws and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

Although SourceLegacy does not claim ownership of content that its users submit for posting -- with the exception of “Heart-to-Heart” submission postings which become the exclusive property of the Source Legacy Foundation, Inc., and which can and will be used, revised, edited, altered or reprinted [in whole or in part] at its sole discretion in other publications, periodicals, magazines, books, CDs, movies, radio, television, published works, online use, seminars, classes, workshops, intensives, and publicity, with the agreement that the identity of submitting individuals will remain anonymous and protected -- by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to SourceLegacy an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant SourceLegacy all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

12. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE SOURCELEGACY SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SOURCELEGACY SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SOURCELEGACY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SOURCELEGACY SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, SOURCELEGACY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SOURCELEGACY SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SOURCELEGACY SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SOURCELEGACY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SOURCELEGACY SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

13. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL SOURCELEGACY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SOURCELEGACY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SOURCELEGACY SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SOURCELEGACY SITE OR THE SERVICE, FROM INABILITY TO USE THE SOURCELEGACY SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SOURCELEGACY SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SOURCELEGACY SITE OR THE SERVICE OR ANY LINKS ON THE SOURCELEGACY SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SOURCELEGACY SITE OR THE SERVICE OR ANY LINKS ON THE SOURCELEGACY SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

14. INDEMNITY

You agree to indemnify and hold SourceLegacy, its officers, integrated auxiliaries, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post, receive, or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

15. GENERAL INFORMATION

The Terms constitute the entire agreement between you and SourceLegacy and govern your use of the Service, superseding any prior agreements between you and SourceLegacy. The Terms and the relationship between you and SourceLegacy shall be governed by the laws of the State of New Mexico without regard to its conflict of law provisions. You and SourceLegacy agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Sandoval, New Mexico. The failure of SourceLegacy to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms 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 Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

16. VIOLATIONS OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the Terms by emailing to info@sourcelegacy.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for SourceLegacy to pursue legal action to enforce these Terms, you will be liable to pay SourceLegacy the following amounts as liquidated damages, which you accept as reasonable estimates of SourceLegacys' damages for the specified breaches of these Terms: (a.) If you submit or post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay SourceLegacy one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures. (b.) If you send unsolicited email advertisements to SourceLegacy email addresses or through SourceLegacy computer systems, you agree to pay SourceLegacy twenty five dollars ($25) for each such email. (c.) If you submit or post messages in violation of these Terms of Use, other than as described above, you agree to pay SourceLegacy one hundred dollars ($100) for each such message. In its sole discretion, SourceLegacy may elect to issue a warning before assessing damages. (d.) If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content in violation of these Terms without SourceLegacy's express written permission, you agree to pay SourceLegacy three thousand dollars ($3,000) for each day on which you engage in such conduct. Otherwise, you agree to pay SourceLegacy's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, SourceLegacy retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.