Welcome
Conversations that go deep on the environment, the climate crisis, and the solutions
Conversations that go deep on the environment, the climate crisis, and the solutions
This page explains the terms of use of the Mother Earth Podcast. When you use the Mother Earth Podcast, you’re agreeing to all the rules on this page. If you do not agree to all of these terms, you should not use the website or listen to any podcast episode or trailer.
Welcome to the Mother Earth Podcast. By using this website (the “Site”) and any services (together with the Site, the “Services”) offered by the Mother Earth Podcast (together with Pawa Productions, LLC, and its directors, parents, subsidiaries, affiliates, agents, representatives, consultants, employees, and officers, — collectively, “the Mother Earth Podcast,” “we,” or “us”), you’re agreeing to these legally binding rules (the “Terms”).
We may change these terms from time to time. If we do, we’ll let you know about any material changes by notifying you on the Site. If you keep using the Mother Earth Podcast after a change, that means you accept the new terms.
The Mother Earth Podcast is for your personal, non-commercial use.
Limitation of Liability. To the fullest extent permitted by law, in no event will the Mother Earth Podcast (including Pawa Productions, LLC, its directors, employees, partners, suppliers, or content providers or any other entity or person described above in the definition of “Mother Earth Podcast”) be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall Mother Earth Podcast (including Pawa Productions, LLC, its directors, employees, partners, suppliers, or content providers or any other entity or person described above) for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
Other Websites. The Mother Earth Podcast website may contain links to other websites. When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
Mother Earth Podcast’s Intellectual Property. The Mother Earth Podcast’s services are legally protected in various ways, including copyrights, trademarks, service marks, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
The Mother Earth Podcast grants you a license to reproduce content from the Services for personal use only. This license covers both Mother Earth Podcast’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.). If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Mother Earth Podcast or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
Dispute Resolution and Governing Law. This podcast is created and located in Massachusetts, and any disputes related to the podcast and/or affiliated websites have to be handled in Massachusetts under Massachusetts law. In the event that any dispute related to the website or a podcast arises, this dispute will be governed by and construed in accordance with the laws of Massachusetts, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the podcast does not target or market itself to listeners in any particular state and that any website affiliated with the podcast is a passive website. You further agree that neither the podcast nor the affiliated websites give rise to jurisdiction either specific or general, in any jurisdiction other than Massachusetts, over the following persons or entities: (i) Matthew Pawa, (ii) Pawa Productions, LLC, and (iii) the parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders of Pawa or Pawa Productions, LLC. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the podcast or affiliated websites, shall be filed only in the state or federal courts located in Massachusetts, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You further acknowledge that the podcast and its affiliated websites have no connection to any clients, claims or allegations in which Matthew Pawa is involved as an attorney, and that statements made on the podcast or on its affiliated websites may not be attributed to Pawa personally or his clients.
Indemnification. If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of Mother Earth Podcast. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
Entire Agreement. These Terms and the other material referenced in them are the entire agreement between you and Mother Earth Podcast with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Mother Earth Podcast with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Mother Earth Podcast to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Mother Earth Podcast’s prior written consent. Mother Earth Podcast has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Mother Earth Podcast will provide you notice via email, written notice, or by posting the notice on our Site.
These terms go into effect as of May 4, 2020 at Midnight and apply to the website and all podcasts launched on or after that date.
