Terms and Conditions
TERMS AND CONDITIONS
Please read this policy carefully. This is a Terms and Conditions Policy for Life in the Soil Classes and/or Nature’s Solution Products and/or Books
- Limitation of Liability
Environment Celebration Institute (ECI) does not guarantee, represent, or warrant that your use of the Online Classes will be uninterrupted or error-free, and you agree that from time to time ECI may remove the Online Classes for indefinite periods of time, or cancel the Online Classes at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Online Classes is at your sole risk. The Online Classes delivered to you through the ECI website are (except as expressly stated by ECI) provided “as is” and “as available” for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Because some jurisdictions do not allow the exclusion or implied warranties, the above exclusion of implied warranties may not apply to you.
You acknowledge that all Goods purchased under these Terms are intended for person non-commercial use only and will not be re-sold. You acknowledge that any ECI products purchased under these Terms are not for re-sale, for commercials us, or for use by governments or educational institutions.
ECU reserves the right to accept or reject your Order for any reason at any time. If ECI rejects your Order you will receive a refund of any money paid.
ECI makes no representations whatsoever and gives no guarantees against latent or patent defects in respect of the Products, and all conditions and warranties whatsoever, whether implied or otherwise, are hereby expressly excluded.
ECI shall not incur any liability of whatever nature arising in contract or delict from any injury, loss or damage to any person or property arising from the use of the Products.
The Products supplied by ECI shall be suitable only for the purpose designed and intended and the Customer shall ensure the Products are handled, stored, installed, used, or otherwise dealt wit h in a normal and proper manner, and where applicable, in a manner consistent with the instructions given by ECI.
- Intellectual property
You agree that ECI’s Products, including but not limited to Life in the Soil Online Classes, Nature’s Solution’s Products and Books, graphics, audio clips, video clips, editorial content, and the scripts and software used to implement the ECI products, contains proprietary information and material that is owned by ECI and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for us of the Products in compliance with this Agreement. No portion of the Products may not be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the ECI products in any matter, and you shall not exploit the ECI products in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. The videos and webinars of the Online class materials may not be downloaded and must only be viewed online. The other materials – Video text transcripts, video slides, audio recordings, quizzes and feedback may be download and one copy kept for your personal reference only and may not be reproduced in any form or by any means.
- Certificate of Completion
ECI provides Certificates of Completion for each Online Class when a student received an average quiz score for all class sessions of any given class taken over 70%. The Certificates will be emailed to you.
- User Conduct
In connection with your access to the Life in the Soil Online Classes, you are responsible for compliance with all applicable laws, regulations and policies of all relevant jurisdictions. Recognizing the global nature of the internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. Specifically, among other things, you agree that by or while accessing or using the Online Classes you will not:Allow other person to use your user account, and you agree that you are the sole authorized user of your account:
- Represent yourself as another or as a fictitious individual;
- Bypass any measures ECI may use to present or restrict access to the Online Class materials, or otherwise attempt (by any means) to gain access to data or information that you are not entitled to access:
- Copy, modify, create derivatives of, decompile, or reverse engineer the Online Classes to take any action to interfere with ECI’s proprietary and intellectual property rights;
- Impersonate any person or entity;
- Stalk, threaten, or otherwise harass any person;
- Interfere with or disrupt ECI’s Online Classes or the servers or networks connected to ECI’s online classes;
- Post information or interact with ECI in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
- Use ECi materials or products in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- Post, email or otherwise transmit any malicious code, files, or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information.
- Payment Terms
All payments must be made in USD or converted to USD. Payments can be made through Paypal with credit cards or debit cards or bank account (echecks). ECI does not allow direct deposits. Checks and Money Orders may also be used for payment and sent directly to: ECI, 13193 Oro Quincy Hwy, Berry Creek, CA 95916.
Complete payment is required before access to any Class Materials or Products. Nature’s Solution Compost Tea Brewers require shipping costs to be quoted separately and paid before shipping of the product.
Once ECI has received your payment for Online Classes you will automatically be sent instructions for logging in and accessing class materials. Once ECi has received payment for any Nature’s Solution products or books your order will be prepared and shipping within three weeks. If an order is for a Nature’s Solution Compost Tea Brewer, then we will send you a quote for delivery based on your address, whether it is a commercial or residential property, and if a lift gate truck is needed. Once we receive the payment for the shipping, then the Tea Brewer will be shipped within three weeks from that date.
The parties shall strive to settle any dispute arising from the interpretation or performance in connection with these Terms and Conditions through friendly consultation. In case no settlement can be reached through consultation within thirty (30) days after such dispute is raised, parties (a) hereby irrevocably and unconditionally submit to the jurisdiction of the federal and state courts located within the geographic boundaries of Butte County, California for the purpose of any suit, action or other proceeding arising out of or based upon this Terms of Conditions, (b) agree not to commence any suit, action or other proceeding arising out of or based upon this Terms and Conditions except in the federal and state courts located within the geographic boundaries of Butte County, California and (c) hereby waive, and agree not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that this Terms and Conditions or the subject matter hereof may not be enforced in or by such court. The prevailing party shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled.