Effective Date: April 11, 2023

These Terms of Use  (“Terms”) govern your access to and use of the Home Planet Fund website as well as the any mobile apps, e-mail newsletters, digital communications, or interactive service offerings owned or operated by the Home Planet fund (collectively, the “Platform”). The Platform is owned and operated by the Home Planet Fund (“HPF,” “we,” “our” or “us”).

By accessing or using the Platform you acknowledge that you have read, understood and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, please stop using the Platform immediately.

We may update these Terms from time to time and such changes will become applicable to you if you continue to use the Platform at any time after such changes are posted. If a material change is made, we will notify you through the Platform. Read through any changes, and if you do not agree to them, please stop using the Platform.

Additional terms and conditions may apply to specific products or services or your use of certain portions of the Platform. These additional terms are also legally binding.

LICENSE AND ACCESS TO THE PLATFORM

HPF grants you a limited license to access and make personal use of the Platform and its Content and not to modify or redistribute the Platform, or any portion of it, except with express written consent of HPF. Accordingly, you expressly acknowledge and agree that HPF transfers no ownership or intellectual property interest or title in and to the Platform (or any part thereof) to you or anyone else accessing the Platform or its Content through you.

You may print and download materials and information from the Platform solely for your personal use, but, this license does not include any resale or commercial use of the Platform or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Platform or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

The content layout, formatting, and features of and access privileges for the Platform shall be as specified by HPF in its sole discretion. You also acknowledge and agree to the following: (i) HPF has the right to control and direct the means, manner, and method by which the Platform is provided; (ii) HPF may, from time-to-time engage independent contractors, consultants, or subcontractors to aid HPF in providing the Platform or use thereof; and (iii) HPF has the right to provide the Platform to others.

Notwithstanding the license grant herein, neither the Platform nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of HPF. Any unauthorized use terminates the permission or license granted by HPF.

PROPRIETARY RIGHTS

All of the content on the Platform – including materials, text, images, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and other content (“Content“) – is owned by Home Planet Fund or others we license Content from, and is protected under the United States’ and other countries’ copyright laws.

Home Planet Fund and all other names, logos, and icons identifying HPF and its programs, products, and services, including any logos, page headers, icons, designs, or trade dress and whether not appearing in large print or with an accompanying symbol, are proprietary marks and identifiers of HPF and are protected from reproduction, imitation, dilution, or confusing or misleading uses under trademark and copyright laws. Other product, service and organization names mentioned herein may be the trademarks and/or service marks of their respective owners. Any use of such marks without the express written permission of HPF is prohibited, and nothing on the Platform implies any license or right under any trademark of HPF or any third party.

You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.

Except as permitted herein, You agree not to copy, edit, translate, display, distribute, download, transmit, sell, redistribute, publish, or create derivative works from any Content appearing on the Platform without our prior written consent.

NOTICE OF COPYRIGHT INFRINGEMENT

HPF respects the intellectual property of others. When we become aware of allegations of copyright infringement in material distributed through the Platform, we will investigate the allegations and take appropriate action. This responsive action can include, without limitation and particularly in the case of individuals who repeatedly infringe the copyrights of others, termination of access privileges.

You acknowledge that you may be liable for damages, including attorneys’ fees and costs, if you materially misrepresent that a work or activity is infringing your rights. If HPF terminates or suspends a user’s access to or use of the Platform, HPF will make a good-faith attempt (as warranted) to contact the person who posted the content so that they may make counter notification pursuant to applicable laws. It is HPF policy to document all notices of alleged infringement upon which HPF decides to take action. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make such notice available to the public, including as a part of legal proceedings.

If you believe that your work has been copied and is accessible on the Platform in a way that constitutes copyright infringement, please provide HPF’s Copyright Agent with the following information:

  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the allegedly infringing material on the Platform that is requested to be removed;
  • Your name, address, and daytime telephone number, and an e-mail address if available, so that HPF may contact you, if necessary;
  • A statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed, and
  • An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

HPF’s Copyright Agent for notice of claims of copyright infringement on the Platform can be reached as follows:

Home Planet Fund
Attn: Copyright Agent
259 W Santa Clara Street
Ventura, CA 93001
Email: [email protected]

Counter notification, as permitted by applicable law, may be sent to HPF’s Copyright Agent. All counter notifications must include responsive information to what is set forth above, including any required statements or signatures.

ACCOUNT REGISTRATION AND SECURITY 

You understand that you may need to create an account to have access to and use all of the parts of the Platform.  You will: (a) provide true, accurate, current and complete information about yourself as prompted by the Platform’s registration or subscription page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You are entirely responsible for the security and confidentiality of your password and account.  Furthermore, you are entirely responsible for any and all activities that occur under your account.  You will not share your account information or your user name and password with any third party or permit any third party to logon to the Platform using your account information.  You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Platform. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.

ACCESS AND INTERFERENCE 

You agree that you will not use any robot, spider, scraper or other automated means to access the Platform for any purpose without our express written permission.  Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Platform; or (iii) bypass any measures we may use to prevent or restrict access to the Platform.

RIGHT TO TAKEDOWN CONTENT 

Except as disclosed in our Privacy Policy, we will not monitor, edit, or disclose content submitted to the Platform unless required in the course of normal maintenance of the Platform and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on HPF or the Platform; (2) protect and defend the rights or property of HPF, the Platform, or the users of the Platform; or (3) act in an emergency to protect the personal safety of our users, the Platform, or the public.  We shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms of Service access to the Platform or any part thereof.

ELIGIBILITY TO SUBSCRIBE TO SERVICES 

HPF makes no promise that the Platform or any portion thereof are appropriate or available for use in locations outside the United States (“Territory”), and accessing the Platform from territories where its contents are illegal or unlawful is prohibited, including from those territories prohibited by the United States State Department or other U.S. government entity.  If You choose to access the Platform from locations outside the Territory, You do so at your own risk.  It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to your use of the Platform.

TERMINATION 

You or we may suspend or terminate your account or your right to use the Platform at any time, for any reason or for no reason.  You are personally liable for any orders placed or charges incurred through your account prior to termination.  We may also block your access to our Platform in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

WARRANTY DISCLAIMER

Reasonable efforts have been made to include accurate and up-to-date information on the Platform. However, HPF makes no representations or warranties, express or implied, as to the completeness or accuracy of any Content included on the Platform. All such documents, information and content on the Platform are provided “as is” without warranty of any kind.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF AND RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH THE PLATFORM.  YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK.  THIS PLATFORM AND ANY FEATURE ON THE PLATFORM IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS.  HPF, AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSEES (the “HPF PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF ANY INFORMATION INCLUDED ON THIS PLATFORM, THE OPERATION OF THIS PLATFORM OR THE INFORMATION, CONTENT, FEATURES, MATERIALS, OR PRODUCTS INCLUDED HEREIN.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HPF PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

THE HPF PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR THE ACCURACY OF ANY INFORMATION INCLUDED HEREIN, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PLATFORM, ANY DELAYS ON THE PLATFORM, OR THE INABILITY TO USE THE PLATFORM, ANY PORTION THEREOF, OR ANY HYPERLINKED PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE HPF PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.  IN SUCH JURISDICTIONS, THE LIABILITY OF THE HPF PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

LINKS TO OTHER WEBSITES

The Platform may contain links to other sites maintained by third parties. These links are provided only as a convenience to you. HPF has no control over, and is not responsible for any content, products or services offered by or found on third party sites, or their privacy policies. Links to third party sites do not constitute an assumption of liability or sponsorship, endorsement or approval of these sites or the content contained in these sites.

You are solely responsible for determining the extent to which you use any content at any third-party websites to which you might link from the Platform. HPF IS ALSO NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the HPF Parties from and against any losses, expenses, damages, claims, actions, demands or expenses (including reasonable attorney’s fees) including personal injury and death, regardless of whether they arise out of or are attributable to any act or omission, negligent or otherwise, of the HPF Parties or any third party vendor, arising out of or in connection with: (a) your use of the Platform, (b) your breach of these Terms, including any abusive or unlawful behavior, or (c) your infringement of any intellectual property or privacy right of any third party.  This indemnification provision shall apply to third party claims as well as claims between you and the HPF Parties under these Terms.

GENERAL

Governing Law.  These Terms of Use and our Privacy Policy shall be governed by and construed in accordance with the laws of the State of California, U.S., without respect to its choice of law principles.

No Waiver.  No failure or delay by HPF in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.

Severability.  Unless otherwise expressly provided herein, the invalidity or enforceability of any provision of these Terms will not affect the validity or enforcement of any other provision, all of which remain in full force and effect.

Headings.  The headings in these Terms are for convenience only and have no legal or contractual effect.

Entire Agreement.  These Terms and the Privacy Policy represent the entire understanding between the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between you and HPF regarding its subject matter, and may not be amended, altered or waived.

Assignment.  You may not assign these Terms without the prior written consent of HPF but we may assign these Terms without any notice to you.

CHANGES

We may update and post revisions to these Terms from time to time and will updated the Effective Date when we do so.  We encourage you to review this page for the latest information about our Terms of Use.

CONTACT US

If you have any questions or concerns about these Terms of Use, please contact us by email at [email protected].