BEFORE YOU USE OR BROWSE THROUGH THIS WEBSITE, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING THE WEBSITE IN ANY MANNER, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE OUR SERVICES. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO YOUR USE OF THE WEBSITE AFTER THE DATE OF SUCH CHANGE.
1. ACCEPTANCE OF TERMS
We further reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Materials and/or Services (or any part thereof) with or without notice. You agree that, unless we have agreed otherwise in writing, we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Materials and/or Services (or any part thereof).
2. DEFINED TERMS FOR SITE CONTENT
All program content, information, materials, files, communications, documents, text, videos and images are referred to collectively as “Program Content.” “Our Content” or “Company Content” means all materials provided by us. The terms and conditions expressed in this agreement apply to all users and visitors of this Site, and we may refer to all Site users as “you” or “your/s” in this Agreement.
3. USER ACCOUNTS
The Company may, at its sole discretion, require Users to create accounts in order to access or to make use of the Site, App, Materials and/or Services and in that event you will need to register and create a user account (an “Account”). Should User Accounts be required, you also agree:
that you will not use an Account that is created by another user;
that you will supply only complete and accurate information in registering for an Account;
that you are solely responsible for the activity that occurs on and through your Account, that you will keep your Account password secure at all times, and that we will not be liable for your losses caused by any unauthorized use of your Account; and
that if your Account has been compromised for any reason, you will immediately notify us of the security breach or unauthorized use of your Account.
4. INTELLECTUAL PROPERTY; LIMITED LICENSE
In addition to the Materials and Services offered by us, this Site and the App may also make available materials, links, information, products and/or services provided by Related Entities (collectively, the “Related Entity Products and Services”). The Related Entity Products and Services may be governed by separate agreements that accompany such products or services. We offer no guarantees and assume no responsibility or liability of any type with respect to the Related Entity Products and Services. You agree that you will not hold us responsible or liable with respect to Related Entity Products and Services or seek to do so, even if we recommended a particular Product or Service. You further understand and agree that all dealings with a Third Party accessed through the Site or App is at your own risk. We are not a party to any transactions between you and any other Entity accessible through the Site or App.
Only where expressly indicated on this Site and App may the User download our Program Content and in such circumstances where permitted, it will be subject to the following conditions:
Our Content may be used solely for personal purposes. You may not commercially exploit any of the Site content without express permission from us.
You may not remove any copyright or other proprietary notices contained in our Program Content.
We reserve the right to revoke the authorization to view, use and download our Program Content available on this Site and App or any portion of them at any time, and any such use shall be discontinued immediately upon notice from us.
The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, use and download Program Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
5. TRADEMARK INFORMATION
The trademarks, logos, and service marks, including the “DO GREAT THINGS” "BE. DO. GIVE." trademarks, (the “Marks”) displayed on this Site are the property of the Company. You are not permitted to use the Marks without the prior written consent of the Company or such third party that may own the Marks.
You understand and agree that by purchasing any Programs, Courses or other Materials through the Site, the Company will charge your provided credit card for the amount of the Program. By purchasing any Materials you expressly authorize us and our partners and affiliates to charge your credit card in accordance with your order and in accordance with this Agreement, our Master Service Agreement, Partner Agreement and/or any other applicable policies on our Site or on the App.
7. MANAGING USER CONDUCT
8. WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND US, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES OR MATERIALS OBTAINED OR ACCESSIBLE BY YOU THROUGH THE SITE OR SOFTWARE APPLICATIONS WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES OR MATERIALS OBTAINED THROUGH THE SITE OR APP, OR ANY DEFECTS IN THE SITE OR APP, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND THAT COMPANY CANNOT GUARANTEE RESULTS OR OUTCOMES OF ANY PROGRAMS, ADVICE, COURSES OR OTHER MATERIALS OFFERED THROUGH THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
9. PERSONAL INFORMATION AND PRIVACY
You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Company or others.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS OFFICERS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY AND LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE AND ANY OF THE MATERIALS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, COMPANY SHALL HAVE NO LIABILITY TO YOU FOR THE RESULTS OF USE OF PROGRAM MATERIALS ACQUIRED THROUGH USE OF THE SITE/APP OR FOR ANY PERSONAL OR PECUNIARY INJURY RESULTING FROM SUCH SERVICES PROVIDED BY THE SITE/APP EXCEPT WHERE OTHERWISE AGREED TO IN A SIGNED WRITING. YOU UNDERSTAND THAT THE COMPANY MERELY OFFERS BEST PRACTICE NUTRITIONAL, NATURAL HEALTH, MARKETING AND PROMOTIONAL ADVICE AND TECHNIQUES AND THAT IT TAKES NO RESPONSIBILITY WHATSOEVER WITH RESPECT TO YOUR SPECIFIC OUTCOMES THROUGH USE OF SUCH MATERIALS ACQUIRED BY USING THE SITE/APP NOR DO WE POSSESS ANY SPECIFIC CREDENTIAL, CERTIFICATION OR LICENSURE WITH RESPECT TO ANY FIELD OR INDUSTRY DISCUSSED WITHIN OUR MATERIALS. YOU FURTHER UNDERSTAND AND AGREE THAT PROGRAMS, MATERIALS OR SERVICES ACQUIRED THROUGH THE SITE/APP MAY FROM TIME TO TIME BE PROVIDED TO YOU BY THIRD PARTY INDEPENDENT CONTRACTORS. WE DO NOT HAVE LEGAL CONTROL OVER THESE INDIVIDUALS AND THEY ARE NOT OUR EMPLOYEES.
11. INDEMNITY AND LIABILITY
12. GOVERNING LAW, JURISDICTION
This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. You agree that any dispute, claim or controversy arising out of or relating to your use of the Site or Services, these Terms or the breach, termination, enforcement, interpretation or validity thereof (collectively, “Disputes”) will be settled by binding arbitration between you and Company, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. This “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules (the “AAA Rules”) then in effect. The Federal Arbitration Act will govern the interpretation and enforcement of this Section. The arbitration proceedings shall take place in San Diego, California.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
RETREAT/EXPERIENCE TERMS AND CONDITIONS
BOOKING TERMS & CONDITIONS
All bookings are made with Greatness Ventures, owner of all advertised itineraries found on our website and third-party platforms (DonorBox, GoFund Me, etc). We are registered in California. By booking a trip with us and/or by using our website, you are agreeing to these Terms and Conditions, which constitute the entire agreement between you and us.
All Travelers must be 18 years of age or older to travel unless they are accompanied by an adult.
I. Insurance Requirements
All travelers are required to provide proof of current and adequate travel insurance before the beginning of any trip booked with us. Your travel insurance must cover up to $100,000 USD in personal injury and medical treatment and $200,000 USD in repatriation and evacuation expenses including international helicopter rescue and air ambulance services. Your travel insurance must also include coverage for personal property and trip cancellation.
You acknowledge that trip cancellation insurance may be the only means of receiving reimbursement for flights and other non-refundable expenses should you cancel your trip for any reason, whether voluntarily on your part or as a result of Greatness Foundation actions. You are responsible for understanding the specifics of your travel insurance policy, ensuring that your policy covers all optional and included activities listed in the trip itinerary, and that there are no exclusion clauses which would limit the coverage for any activity type. If you are a resident of the United States with current health insurance coverage, it is likely that your policy will be acceptable so long as it covers you while traveling outside the United States. IT IS YOUR RESPONSIBILITY TO VERIFY YOUR INSURANCE POLICY DETAILS WITH YOUR INSURANCE PROVIDER TO ENSURE THESE REQUIREMENTS ARE SATISFIED.
II. Deposit Requirement
We require payment of a non-refundable deposit to confirm your spot on the trip. However, if your booking is made within 14 days or less of the trip’s departure date, the full amount of the trip is due at the time of booking.
III. Trip Confirmation and Payment Details
Booking is easy with our third-party partner, DonorBox where participants can pay and reserve their spot. Participants can also contact Greatness Foundation directly, if issues arrive with third-party systems.
i) Any cancellations made on your behalf will result in the loss of all money paid to Greatness Foundation. For this reason, we strongly recommend you have comprehensive travel insurance that includes cancelation coverage so that you are protected financially in case anything comes up that prevents you from joining your trip.
ii) If you do not pay the balance of your trip within 7 days of the departure date, your booking will be canceled resulting in the loss of all money collected.
iii) If we are forced to significantly alter or cancel your trip (not due to any factors outside of our control, such as weather, natural disaster, or Partner actions), we will let you know as soon as possible. In these circumstances, you can choose one of the following options:
(1) Accept our offer of a comparable replacement trip, or
(2) Receive a refund of all monies paid.
iv) When accepting an offer for a replacement trip:
(1) If the cost is lower than the price of your original trip, you will receive a refund for the difference in cost.
(2) If the cost of the replacement trip is equivalent or higher than your original trip, you will owe nothing.
IV. Optional Activities
During any Greatness Foundation trip, there may be opportunities to participate in activities or local events which are not included in our packaged trip. Greatness Foundation DISCLAIMS ALL RESPONSIBILITY AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SAFETY OR QUALITY OF THESE ACTIVITIES AND EVENTS, OR THE STANDARDS OF THE INDEPENDENT OPERATOR RUNNING IT. Activity examples may include, but are not limited to, vehicle/boat/aircraft trips, walking or guided trips, surfing, fishing, hiking, swimming, zip lining, and parasailing. Events may include, but are not limited to, local festivals, concerts, and organized events. It is understood and acknowledged by the Customer that any assistance given by our trip leader or staff to help arrange these optional activities does not constitute a waiver of this disclaimer or create representations and warranties on the part of the Company. Greatness Foundation does not sponsor or endorse these activities or events, nor can we be held liable for any injury or illness or any consequence whatsoever resulting from your participation in these or any events during the trip. If you decide to participate in these events, you do so voluntarily and are responsible for taking appropriate precautions to ensure your own safety.
V. Discounts and promotions
All discounts and reduced pricing are applied at our discretion. From time-to-time, we may offer reduced pricing on selected trips. The reduced pricing applies strictly to new bookings only. Bookings for which the Customer has already paid a deposit are locked into their original price and are not entitled to any reduced pricing.
VI. Passports and Visas
Valid passports are required for travel internationally. Please check with the appropriate consulate or embassy for the latest visa requirements. You assume complete and full responsibility for, and hereby release Greatness Foundation from any duty or responsibility for, checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety or security conditions at such destinations. It is your responsibility to ensure the veracity and adequacy of information provided to the Company.
You are allowed to bring one piece of baggage weighing up to 50 lbs. (23 kg) and one additional medium/small sized “day pack” on the trip. If you need to bring additional baggage, you are responsible for requesting approval from Greatness Foundation before your trip begins. Greatness Foundation is not responsible for securing or protecting your baggage or belongings at any time during any trip.
VIII. Trip & Itinerary Changes
Advertised prices are based on current rates of exchange, tariffs and taxes. Greatness Foundation reserves the right to increase its trip prices without notice to cover increased costs, tariffs and taxes with reasonable notice to Customer. Additionally, Greatness Foundation reserves the right with reasonable notice to Customer to implement fuel and other surcharges at any time, even subsequent to payment of deposit and/or partial booking fees, to address unexpected or unplanned fluctuations in global exchange markets. Greatness Foundation reserves the right with reasonable notice to the Customer to withdraw any trip or part therein and to alter the itinerary or trip inclusions, as it deems necessary or appropriate under the circumstances. In the event that events that are either unforeseen or uncontrollable result in trip cancellation, delays, itinerary changes, or other adjustments, Greatness Foundation will use reasonable commercial efforts to provide comparable alternatives. Any resulting additional costs to Greatness Foundation that result from such alternatives may be passed on to you with reasonable notice. In most instances, trips will operate as originally planned, but Greatness Foundation reserves the right to make reasonable alterations after the final itinerary has been issued.
IX. Promotional Photography
Greatness Foundation reserves the right to take photographs during the operation of any program or part thereof and to use them for promotional purposes. By booking a reservation with Greatness Foundation, you agree to allow your images to be used in such photographs. These images will NOT be sold for editorial, trade, advertising, or for any other purpose or in any other manner and/or medium without your inspection or approval. You hereby release Greatness Foundation and our legal representatives and assigns from all current and/or future claims and liability relating to said photographs.
Should you have specific photography concerns, you are responsible for raising them prior to booking or with the photographer on your trip PRIOR to the taking of any photographs on that trip.
Greatness Foundation name and logo are registered trademarks of the Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission.
X. Complaints, Claims, and Refunds
Refunds are not issued for any included activity or trip location that is missed or altered due to circumstances beyond Greatness Foundation reasonable control, including but not limited to acts of God, war, strikes or labor disputes, significant weather event, government orders or any other force majeure event. Anyone looking to make a claim, submit a complaint, or request compensation for any reason must do so in writing or email within 30 days after the trip’s cancellation or completion. Any and all supporting documentation to the claim or complaint must accompany the written letter or email. Any claim or complaint received by Greatness Foundation after this deadline will not be accepted or reviewed. Greatness Foundation reserves the right to honor or resolve these claims at its exclusive discretion.
XI. Limits on Responsibility
Greatness Foundation is not responsible for delays, changes, or cancellation costs due to incorrect, incomplete or expired traveler documents. In the event that you must cancel, delay or reschedule your trip due to expired or missing travel documentation, you are responsible for all associated costs to rectify the situation. If you are unable to join your trip, you will not be reimbursed or refunded any amounts as per the cancelation terms listed in this document.
At no point, and under no circumstances, is Greatness Foundation responsible for payments or costs relating to external services such as flights, accommodations, services, car service, or any other part of travel that was booked and paid for externally from Greatness Foundation. Greatness Foundation is not obligated to alter any trip itinerary or suspend a trip’s commencement for any reason outside of our control that prevents you from joining a trip as planned.
Greatness Foundation reserves the right to make alterations to our trips, itineraries, inclusions, and activities at any time with reasonable notice to Customer. Greatness Foundation may also replace the hotels, vehicles, or included activities without notice so long as these adjustments do not materially alter the trip or jeopardize the safety of its Travelers.
XII. Travel Advisories & Warnings
While Greatness Foundation continuously monitors the areas we visit, it is your responsibility to become informed about the areas where you are about travel to including any travel advisories and warnings issued by the U. S. State Department. Visit their travel website at www.travel.state.gov or contact them by phone at 1-888-407-4747. You are responsible for protecting your own well-being and personal property before, during, and after your trip. This includes ensuring any and all vaccinations, inoculations, or prescribed medications are taken as directed by your local doctor and/or travel clinic for the areas visited.
XIII. Local Payments
At times throughout your trip, it is likely that you will have the opportunity to participate in activities and/or events that are not included in the trip itinerary. These opportunities allow you to customize your experience and level of adventure on the trip, but keep in mind that Greatness Foundation does not endorse or sponsor these services as mentioned in the Optional Activities section above. All optional activities are paid for locally and directly to the supplier of the activity, event, or service.
XIV. Personal Responsibility
You are responsible for purchasing the style of trip that fits your desired comfort level and participating in activities that are suitable for your fitness level and capabilities. By making a booking, you acknowledge that Greatness Foundation trips are adventurous by nature and may involve a significant amount of personal risk. You understand and assume each and every risk associated with any trip or activities thereto, any of which can cause injury or even death. Risks and hazards that may be present during any trip include, but are not limited to:
· Travel by automobile or other means of conveyance;
· Hazards of traveling, hiking, exploring, or participating in activities that take place in remote or rugged, unpredictable terrain and where phone or radio communications are unavailable;
· Risks associated with wildlife encounters while participating in any outdoor activity;
· Risks associated with crossing roadways and entering/exiting vehicles,
· The unavailability of immediate medical attention or means of rapid evacuation in case of emergency;
· Risks of injury, dehydration, or even death resulting from my participation in any sporting or adventurous activity such as boating, surfing, fishing, swimming, diving, parasailing, hiking, yoga, zip lines, rope swings, walking tours, photography tours, vehicle tours, and scenic flights;
· Mechanical or construction failures of vehicles and equipment;
· Any physical, mental, or other conditions or disabilities that belong to you or anyone you are traveling you may be a hazard to any group members and may be exacerbated by any of the other risks contained herein;
· Acts of God, acts of terrorism, forces of nature, and unpredictable weather conditions;
· Areas of unsafe or unstable conditions due to political or civil disturbances, or other unforeseen circumstances.
In addition to assuming any of the risks and hazards of a trip, some of which are listed above (though a complete listing is not possible), you agree to be responsible for any and all expenses resulting from any inherent risk, whether identified or not, and as a result of your negligence.
You further certify that you are in an appropriate and good physical condition for participating in the trip of your choosing and to participate in any activities relating thereto, and have the ability to safely engage in adventure travel activities and all other activities in which you may partake while a Greatness Foundation passenger. You understand that it is advisable to obtain appropriate medical evaluation and your doctor’s approval prior to initiation of certain travel and/or exercise activities. Your participation in these activities is purely voluntary. No one is forcing you to participate, and you elect to participate in spite of the risks.
Greatness Foundation reserves the right to decline anyone from joining a trip with justifiable cause. Greatness Foundation also reserves the right to remove you from a trip if you are creating a hazard to yourself or others, impacting the enjoyment of others, or participating in any illegal activity. Any costs resulting from being removed from a trip or being declined participation in a trip is at your expense.
XV. Seat Belt Policy
To ensure the safety of our Travelers and staff, Greatness Foundation recommends that everyone wear their seatbelts at all times while riding in any vehicle that is in motion. This recommendation is not only for your safety but also for the safety of everyone else in the vehicle. It is noted that some vehicles internationally may not be equipped with these restraints as accepted by local laws. Greatness Foundation and our transportation suppliers remain focused on protecting your safety, but they cannot be expected to constantly check to make sure everyone is buckled prior to moving a vehicle. Therefore, it is your responsibility to wear your seatbelt properly and at all times while the vehicle is in motion.
XVI. Cultural Differences and Drug Policy
It is acknowledged and understood that traveling to international destinations will expose travelers to unique situations and experiences that may be different than those you are familiar with in your home country. These differences enhance the experience and adventure of your trip, and typically involve cultural and social aspects of the region such as food, drink, attire, and local laws. Greatness Foundation volunteers will discuss these differences during your trip, but you also have a responsibility to perform your own research and act responsibly while traveling. Greatness Foundation does not endorse drug use of any kind during our trips and strongly encourages responsible alcohol consumption. This policy is in place for your safety and those traveling with you. We want you to have fun and encourage you to take advantage of the local culture, but Greatness Foundation emphasizes safety as a top priority.
XVII. Applicable Law
California law governs these Terms and Conditions to the fullest extent allowable. Any disputes in connection with an Greatness Foundation trip or these Terms and Conditions will be initiated in the Superior Courts of California where exclusive jurisdiction and venue reside. If a court or any other appropriate authority finds any portion of this document to be invalid, the remainder will remain in full force and effect.
From time to time, the Company may need to change its Terms and Conditions because of changes in its business, or in its attempts to serve your needs better. Greatness Foundation will use reasonable efforts to publish any changes to its Terms and Conditions, including publishing the current terms on our website. Please check back from time to time to review any changes to our policy.
• Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
• We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
• We will only retain personal information as long as necessary for the fulfillment of those purposes.
• We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
• Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
• We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
• We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.