Please read the following Terms of Use relating to your use of the HowToConserve.com web site carefully. By using this web site, you agree to these Terms of Use. We reserve the right to modify these terms at any time, so please check this page periodically for changes. By using this web site after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them or been notified about them. If at any time you choose not to accept these Terms of Use, please do not use this web site.

Scope

These Terms of Use apply to your use of all of the web sites and services owned or operated by Windswept Words, LLC or Eric Robbins (collectively “we,” “us,” or “our”), including www.HowToConserve.com, and any other web site that we have owned or operated, do own and operate or may own or operate in the future (collectively herein known as “Sites”). Unless we say otherwise, all references to the Sites in these Terms of Use include all such Sites. These Terms of Use do not apply to your use of unaffiliated web sites to which any of the Sites may link to or direct you to. If you have any questions about these Terms of Use you may contact us at MongoSpeaks@HowToConserve.com.

Restrictions

The contents of our Sites are protected by copyright and trademark laws, and are the property of Windswept Words, LLC. Unless otherwise noted, you may access and use the information and materials within the Sites for your personal use. You may not change, modify, delete, display, transmit, adapt, exploit, or copy, for distribution or sale, any information, material, trademark, or copyright on the Sites. You must obtain written permission from us or any other entity that owns intellectual property on the Sites before you may publish, distribute, display, or commercially exploit any material from the Sites. By using the Sites, you agree to abide by all copyright notices or other posted restrictions.

There is one exception to the terms mentioned in the paragraph above. City, county, state and federal governments in the United States and worldwide, as well as not-for-profit corporations and publicly-funded educational institutions and teachers, may display, adapt, exploit, or copy, for distribution (but not sale), the Home Game illustrations as part of a conservation information effort and as long as the following attribution is made, “Illustrations courtesy of The Casual Conservationist ™ and www.HowToConserve.com.” Home Game illustrations may be downloaded in .pdf format by the aforementioned groups at www.HowToConserve.com under the category Home Game.

Links

These Terms of Use apply only to our Sites, and not to the Sites of any other companies or organizations, including those we link to. We do not maintain, create, endorse, or take any responsibility for the contents, advertising, products or other materials made available through any other web site, including those we link to. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused, or alleged to have been caused, to you in connection with your use of any content, goods or services available on any other web site.

Other web sites may link to our Sites by permission only. To seek our permission, you may contact us at MongoSpeaks@HowToConserve.com. We reserve the right to rescind any permission granted to you or any organization in which we approve linking to our Sites, and to require termination of any such link to any of the Sites, at our discretion at any time.

Events

The speakers and speaking times and places listed on our Sites are subject to change without notification. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, goods or services available on our Sites or provided to you at events sponsored by Eric Robbins, Eric Mongo Robbins, The Casual Conservationist, or HowToConserve.com (herein know as “Events”). We are also not responsible or liable for any loss or damage that is caused or alleged to have been caused to any Events speakers in connection with the display of their photo, name, or biography posted on our Sites or in our marketing materials.

Submissions

We welcome your comments about any of our Sites. However, we will not review or consider any unsolicited creative submissions or suggestions for topics on our Sites or within our newsletters, products or Events. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that ideas developed by our staff might seem to be similar to the ideas submitted to us. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. If, despite our request, you send us any idea, suggestion or material (herein known as “Submission”), it shall become our property. We will not be subject to any obligation of confidence for any Submission, and we will not be liable for any use or disclosure of any Submission. In the case that you submit something to us and it is unsolicited, we will exclusively own all rights to the Submission worldwide, and we will be entitled to the unrestricted use of the Submission for any purpose, without compensation or notification to the provider of the Submission. Given this fact, we ask that you refrain from submitting creative projects to us, particularly those that are confidential or personal to you.

Forums

A “forum” means any message board, chat room, user review forum or other interactive service appearing on any of our Sites and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum. You may not post on any forum, or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component. We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. By posting on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived. You are not entitled to any compensation for any materials you may post on the Sites.

Registration

We may, at our discretion, suspend or terminate the registration of any forum user or general user who violates any of these Terms of Use of use, any of the forum member guidelines or for any other behavior that we in our discretion believe is inappropriate.

Disclaimers

The services, products, claims, topics, and materials on the Sites are provided “as is” and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the conservation strategies listed on the Sites as well as those that are provided in our products or to our participants at our Events. Neither we nor any of our respective licensors, sponsors or suppliers warrant that any functions contained in the Sites will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the server that makes them available are free of viruses or other harmful components. Neither we nor any of our respective licensors, sponsors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products, information or materials in the Sites in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors, sponsors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We do not endorse, warrant or guarantee any speakers, products or services offered on the Sites or those we link to. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.

Limitation of liability

Under no circumstances, including but not limited to negligence, will we or any of our licensors, sponsors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information on the Sites, or any products or services provided pursuant to the Sites, even if advised of the possibility of such damages.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors, sponsors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Sites.

Liability Waiver

While we take every possible measure to ensure user safety at HowToConserve.com Events, we cannot control everything. For this reason, every attendee is legally responsible for their own safety and behavior and agrees to—and is held legally liable to—the following statements:

I, the willing registrant and/or attendee of the Windswept Words, The Casual Conservationist and HowToConserve.com Events, hereby accept all risk to my health and of my injury or death that may result from participating in the Events and I hereby release Eric Robbins, Eric Mongo Robbins, The Casual Conservationist, Windswept Words LLC, sponsors, suppliers, any company leasing or owning the property where the Events occur and all their officers, employees, interns, sponsors and representatives (herein know as the “Aforementioned Parties”) from any and all liability to me, my personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to my property and for any and all illness or injury to my person, including my death, that may result from or occur during my participation at the Events, whether caused by negligence of any of the Aforementioned Parties or otherwise. I further agree to indemnify and hold harmless the Aforementioned Parties from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while attending and participating in the Events.

I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND IT TO BE A RELEASE OF ALL CLAIMS AND CAUSES OF ACTION FOR MY INJURY OR DEATH OR DAMAGE TO MY PROPERTY THAT OCCURS WHILE ATTENDING AND PARTICIPATING IN THE EVENTS AND IT OBLIGATES ME TO INDEMNIFY THE PARTIES NAMED FOR ANY LIABILITY FOR INJURY OR DEATH OF ANY PERSON AND DAMAGE TO PROPERTY CAUSED BY MY NEGLIGENT OR INTENTIONAL ACT OR OMISSION.

Should I require emergency medical treatment as a result of accident or illness arising during my attendance and participation in the Events, I consent to such treatment. I acknowledge that the Aforementioned Parties do not provide health and accident insurance for attendees of the Events and I agree to be financially responsible for any medical or legal bills incurred as a result of emergency medical treatment. I will notify the Aforementioned Parties verbally and in writing if I have medical conditions about which emergency medical personnel should be informed. However, I understand that the Aforementioned Parties are not legally obligated to act on that information in any way or to provide any medical service whatsoever to me.

Liability Disclaimer: No Personal or Professional Advice

The information contained in or made available through our Sites or our Events or services cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our Aforementioned Parties make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we, nor the Aforementioned Parties, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites and attendance at our Events, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

Under no circumstances, including but not limited to negligence, will we or any of the Aforementioned Parties be liable for any special or consequential damages that result from the use of, or the inability to use, the materials, information, or conservation strategies on the Sites or communicated through the Events, or any products or services provided pursuant to the Sites or Events, even if advised of the possibility of such damages. All conservation advice is not to be confused with medical, legal or any other type of professional advice and we are not liable for any results. This includes advice given at our Events and advice in our emails, newsletters, or other communication vehicles.

Parental permission

The Sites are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. We strongly recommend that parents participate in their children’s exploration of the Internet and any online services and use their browser’s parental controls to limit the areas of the Internet to which their children have access. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

Privacy Policy

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy, which can be accessed via our homepage.

Jurisdictional Issues

We control the Sites from offices in the United States of America. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Miscellaneous

These terms will be governed by and construed in accordance with the laws of the State of California, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to binding arbitration in accordance with the California Arbitration Association and will be arbitrated in California. If any of these Terms of Use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining Terms of Use, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement of Terms of Use between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these Terms of Use, or by a writing signed by both parties.

06-01-2007