Terms and Conditions Effective January 16, 2014
Our Site is provided to you without charge as a convenience and for your information only. By merely providing access to our Site content, we do not warrant or represent that:
- The content is accurate or complete;
- The content is up-to-date or current;
- We have a duty to update any content;
- The content is free from technical inaccuracies or typographical errors;
- The content is free from changes caused by third party; and
- Your access to our Site will be free from interruptions, errors, computer viruses or other harmful components.
We do not assume any liability for these matters. In other words, you use our Site at your own risk.
2. We Provide Our Web Site “As Is” and Disclaim All Warranties
Our Site, including all content, software and functions made available on or accessed through our Site, is provided “as is, where is” and “as available”. To the fullest extent permissible by law, neither we nor any affiliated or related entities or any of our employees or agents make any representations or warranties of any kind as to the content, software or functions accessed through our Site, for any products or services or links to third parties or for any breach of security associated with the transmission of sensitive information through our Site or any linked site. ADMINISTRATOR AND ITS AFFILIATED AND RELATED ENTITIES AND ANY OF THEIR RESPECTIVE EMPLOYEES AND AGENTS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, QUIET ENJOYMENT, QUALITY OF INFORMATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE CONTENT OF THIS WEB SITE. WE DO NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL ADMINISTRATOR OR ITS AFFILIATED AND RELATED ENTITIES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SPONSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THIS SITE, EVEN IF ADMINISTRATOR OR ITS AFFILIATED AND RELATED ENTITIES OR THEIR RESPECTIVE REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 3. Submissions
You may post, submit, email or transmit to, or otherwise make available on (“Submit”) reviews, content suggestions, ideas, comments, questions, or other information to the Site (“Submissions”), so long as the Submissions comply with these Terms and Conditions. Administrator does not and will not pay or provide consideration for Submissions. All Submissions regarding improvement of or changes to the Site, including additions, deletions and changes to the data in the Site’s database (“Site Submissions”), whether provided by Administrator or users of the Site, are property of Administrator, and you hereby assign all rights, title and interest in and to the same to Administrator. You are solely responsible for all materials, whether publicly posted or privately transmitted, that you Submit. We shall be under no obligation of confidentiality nor shall we be liable for any use or disclosure of any Submissions. With respect to any Submissions other than Site Submissions, you grant Administrator and its affiliates a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide, unconditional, unrestricted, transferable and fully sub-licensable to multiple tiers of sublicensees right and license to use, store, transcode, host, cache, maintain, broadcast, webcast, mobilecast, transmit, tag, track, reproduce, edit, format, re-format, link to and from, modify, adapt, publish, translate, delete, create derivative works from, combine with other content, distribute, display, categorize, and/or otherwise use, reuse, and/or otherwise exploit such Submissions (or any portions or derivative works thereof) and any names, likenesses, voices, images, digital recordings, performances, and other ideas, concepts, feedback and other materials included in Submissions, in any manner, medium, or content delivery technology now known or hereafter devised, for any purpose, as determined solely in Administrator’s (or its authorized designees/licensees’) sole discretion, without the requirement for any compensation to you or anyone else, or the need to require additional consent from you or anyone else, or the need to provide prior notification or any credit to you or anyone else. You further grant Administrator the right to pursue at law or equity any person or entity that violates your or Administrator’s rights in the Submissions. You agree that any information or Submissions that you provide us will be covered by the license granted herein. Nothing contained herein shall be deemed to transfer to Administrator or any of its affiliates any ownership rights in and to your Submissions. If it is determined that you retain moral rights (including rights of attribution or integrity) in any Submissions that you Submit, you hereby declare that (a) you have no objection to the publication, use, exploitation and modification or deletion of such Submissions by users of the Site or Administrator or its licensees, successors and assigns; (b) you do not require that any personally identifying information be used in connection with such Submissions, or any derivative works thereto; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of such Submissions; and (d) you forever release Administrator, and its users, licensees, successors and assigns, from any claims that you could otherwise assert against Administrator by virtue of any such moral rights. Administrator shall have no duty to attribute authorship of any Submissions to you, and shall not be obligated to enforce any form of attribution by third parties. You represent and warrant that:
- you own or otherwise control all of the rights to the Submissions and/or Submissions that you post or contribute through the Site;
- that the content of your Submissions and/or Submissions are accurate;
- that use of the Submissions and/or Submissions you supply does not violate these Terms and Conditions and will not cause injury to any person or entity;
- you will comply with any Submission and/or Submission guidelines that are posted on the Site from time to time; and
- that you will indemnify Administrator and/or its affiliates for all claims resulting from Submissions you supply. Administrator takes no responsibility and assumes no liability for any Submissions posted by you or any third party.
You agree not to Submit any Submission that violates any right of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary rights of any person or entity. In the event that you Submit any Submission which is protected by copyright, trademark, privacy or other personal or proprietary right, you must first obtain the written permission of the owner of such copyright, trademark, privacy or other personal or proprietary right. Without limiting our rights set forth in the section titled “Indemnification” below, you shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of privacy or other personal or proprietary rights or any other harm resulting from anything you Submit. Any person determined by Administrator, in its sole discretion, to have violated the intellectual property or other rights of others may be barred from Submitting any further material on the Site and/or such person’s user account may be terminated. By Submitting Submissions to the Site, you agree to abide by the following:
- You agree that you have the consent of each and every identifiable person in any Submissions Submitted to use such person’s name or likeness in the manner contemplated by Administrator.
- You agree not to Submit any Submission that was produced by you in the course of your employment by a third party.
- You agree not to Submit any Submission that contains libelous or otherwise unlawful or abusive material (as determined by Administrator in its sole discretion), including any statements which may defame, harass, stalk or threaten others.
- You agree not to Submit any Submission that contains or promotes obscenities (as determined by Administrator in its sole discretion), including any content containing or promoting pornography, pedophilia, bestiality or incest.
- You agree not to Submit any Submission that may be offensive to other users of the Site or the online community in general, including blatant expressions of profanity, vulgarity, hatefulness, bigotry or racism.
- You agree not to Submit any Submission that violates any law (including by the manner in which it was obtained or created) or engage in activity on or using the Site that would constitute a criminal offense or give rise to a civil liability.
- You agree not to Submit any Submission that advocates or provides instruction on illegal activity.
- You agree not to discuss illegal activities on the Site with the intent to commit them or otherwise use the Site to commit illegal activities.
- You agree not to Submit any Submission that contains any computer virus or other malicious code that could in any way affect the operation of the Site or any computer that connects to the Site.
You agree and allow Submissions created by you to be shared on the Site, across the web and with third parties. Such Submissions may appear on other Sites not related or affiliated to Administrator. 4. Contests, Sweepstakes, Promotions, Etc.
From time to time, we may sometimes conduct promotions on or though the Site, including, without limitation, contests and sweepstakes (“Promotions”). Each Promotion may have additional terms and/or rules which will be posted or otherwise made available to you and, for purposes of each such Promotion, will be deemed incorporated into and form a part of these Terms and Conditions. Additionally, we may also offer contests or special events that are sponsored by or co-branded with identified third parties. You must review the specific official rules or additional terms for any such contests or special events. 5. Shopping and Paid Membership
We have no responsibility or liability whatsoever for goods or services you may obtain through other Web sites or web pages, even if you are directed or linked to such a site or page through the site. You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any Product shall be the amount you actually paid us for it. EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS AND CONDITIONS, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPERSS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OR MERCHANTIABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. Products may be purchased while supplies last. If a Product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your account has been charged (in which event, we will issue a credit to your account in the amount of the charge.) 6. Message Boards Forums and Limitations on Use of the Site
In order to use the Site’s Message Board forums, users are required to provide a username, password and a VALID e-mail address (your “Credentials”). We are unable to accept certain email accounts due to system incompatibilities. Neither the administrators of these forums, or the moderators participating, are responsible for the privacy practices of any user. You are responsible for maintaining the confidentiality of your Credentials. You agree that all actions taken by you, or by any other user who accesses the Site using your Credentials, at or through the Site, will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or were made in error. By subscription and use of your Credentials, you assume all resulting liability from use of the Site and any services available on the Site. If you believe someone has accessed the Site using your Credentials without your authorization, you must contact Administrator
immediately. If you lose your password, contact Administrator
at [email protected]
- Use browsers or other applications that are capable of copying large portions of content from the Site. Administrator can detect the use of these systems through live logfile analysis, and will ban any future use of the Site by such offenders.
- Use robots, spiders, and/or crawlers, or similar technology, without following the robot guidelines found at http://www.robotstxt.org/ (“Robot Guidelines”). Administrator can detect robots violating the guidelines, and will ban any such offenders. If you use a robot/spider/crawler to check Administrator links, it must operate according to the Robot Guidelines. Do not leave new robots unattended, and allow a minimum of 1 minute between automated requests.
- Use any device, software, routine, or other system to interfere or attempt to interfere with any Site functionality;
- Act in a way that imposes an unreasonable or disproportionately large load on the Site infrastructure;
- Use any e-mail addresses appearing on the Site for purposes not relating specifically to the Site;
- Access the Site by any means other than through the interface that Administrator provides, or attempt to access any area of the Site you are not authorized to access;
- Download any file that you know or reasonably should know cannot be legally obtained in such manner;
- Use the Site in any manner that interferes with our normal operations or with the use and enjoyment of another user;
- Interfere with any other user’s right to privacy, including by harvesting, storing or collecting personally-identifiable information about Site users or posting private information about a third party;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site or to manipulate your presence on the Site; and/or
- Reverse engineer, reverse assemble, or otherwise attempt to discover any source code relating to the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Without limiting the foregoing, Administrator and its designees reserve the right to remove any content that violates these Terms and Conditions, or is otherwise objectionable. You specifically agree that Administrator is not responsible for any content sent using and/or included in the Site by any third party. Unauthorized access to the Site is a breach of these Terms and Conditions and a violation of the law. 7. We Do Not Have Responsibility for Links to Third Party Content and If We Provide a Link, We Do Not Necessarily Endorse a Third Party
We do not endorse the content on any third party website, including websites of our affiliates (“Third Party Sites”). We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through Third Party Sites that you reach through links on the Site, sites framed within the Site, or third party advertisements on the Site, and we do not make any representations regarding their content or accuracy. Your use of Third Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third Party Site will be between you and the party providing that website. Indeed, we are not your agent and are not a party to any transaction at a Third Party Site. As such, we expressly and specifically disclaims any responsibility and liability for any content, functionality, services, or advertised products or services found on or related to any such Third Party Site or other internet or mobile resources. We do not endorse or sponsor, any such Third Party Site or any product or service of any such third party. 8. If a Third Party Links to Our Site, It is Not an Endorsement
If a third party links to our Site, it is not necessarily an indication of an endorsement, adoption, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to our Site. A Web site that links to our Site:
9. If You Transmit or Provide Data to Us, It is Non-Confidential
- May link to, but not replicate, our content;
- May not create a browser, border environment or frame our content;
- May not imply that we are endorsing it or its products;
- Should not misrepresent its relationship with us;
- Should not present false information about our products or services; and
- Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
The trademarks, service marks and logos used and displayed on our Site are our registered and unregistered trademarks. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, without our written permission. We aggressively enforce our intellectual property rights. The names “Women of Faith, LLC”, “WOF”, or our logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Site, without prior written permission. You may not use any metatags or any other “hidden text” utilizing Administrator’s name or trademarks without the prior express written consent of Administrator. You are not authorized to use our logo as a hyperlink to our Site unless you obtain our written permission in advance. 11. All Content on Our Web Site is Copyrighted
All content included on this Site, including any materials, documents, text, designs, graphics, logos, images, audio and video (“Content”) is the property of Administrator or its affiliates and suppliers, and is protected by United States and international copyright laws. The compilation and “look and feel” of all Content on this Site is the exclusive property of Administrator and also protected by United States and international copyright laws. You may not inline, frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Administrator or its affiliates (including images, text, page layout or form) without our prior express written permission. 12. You Must Obey Local Laws in Accessing Our Site
This Site is controlled by us from our offices within the United States of America. We make no representation that content or materials on the Site are appropriate or available for use in other jurisdictions. Access to our Site content or materials from jurisdictions where such access is illegal is prohibited. If you choose to access this Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any violations of law. You may not use or export the materials on this Site in violation of U.S. export laws and regulations. 13. You are Bound by Changes in these Terms and Conditions
Administrator may change the provisions of these Terms and Conditions from time to time at its sole discretion. Such changes may be based on changes to the Site, in response to changes in law or for any other reason. The amended terms shall be effective immediately upon posting on the Site. Your continued use of the Site constitutes Your assent to such amended Terms and Conditions and Your agreement to be bound thereby. We may, but are under no obligation to, provide You notice of such modifications to these Terms and Conditions via email or other communication. You can tell that these Terms and Conditions have been updated by checking the last revised date posted on the top of this page. To the extent of any conflict or inconsistency between the provisions in the body of these Terms and Conditions and any amendment, addendum, or document incorporated herein by reference, the terms of the amendment, addendum, or other document shall prevail. 14. You Agree to Indemnify Us for Using Our Site
You hereby jointly and severally agree to indemnify, defend and hold us, any affiliated or related entity, and each of our respective officers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, attorneys’ fees and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of our Site or any breach by you of these Terms and Conditions, or the purchase by you of securities, including any liabilities associated with a violation of federal or state securities laws. If the indemnity provided in this paragraph is not available or is insufficient to hold harmless the Indemnified Parties for any reason, you agree to contribute to the aggregate losses, claims and liabilities to which the Indemnified Parties may be subject in such proportion as appropriate to reflect the relative fault by you and the Indemnified Parties with respect to the activity giving rise to the indemnity claim. You will cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any such matter without our written consent. 15. You Agree to Make Certain Representations and Warranties
In addition to the representations and warranties above, you represent and warrant to Administrator that:
16. Third Parties May Have Rights Under These Terms
- you possess the legal right and ability to enter into these Terms and Conditions;
- all information submitted by you to the Site is true and accurate;
- you are responsible for all use of your Credentials even if such use occurred without your authority or permission;
- you are at least 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to use the Site; and
- you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
Some of the provisions of these Terms and Conditions are for the benefit of Administrator and its subsidiaries, affiliates, officers, directors, employees, agents, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. 17. How These Terms May Be Terminated
These Terms and Conditions may be terminated by either party without notice at any time for any reason; provided that you may no longer use our Site after you have terminated this agreement. Sections 1 through 4, 6 through 11, and 13 through 25 of these Terms and Conditions will survive any termination or expiration of these Terms. 18. Governing Law and Arbitration
By using the Site in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of Administrator and its parents, subsidiaries, and affiliates (all such individuals and entities collectively referred to herein as the “Administrator Entities
”) arising out of, relating to, or connected in any way with the Sites or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”
Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. We may change, suspend or discontinue any aspect of our Site or service at any time. Administrator reserves the right to change system configurations, product specifications, upgrades, pricing, layouts, options and any other specifications at any time without notice. We may also impose limits or restrictions on certain services, features or content or restrict your access to parts or all of our Site without notice or liability. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through the email address we have for you. We cannot be held liable if we fail to notify you via mail or email. You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Site or these Terms and Conditions must be filed within six (6) months after such claim or cause of action arose or it will be forever barred. 20. Relationship of the Parties
The Terms and Conditions do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. 21. No Waiver; Cumulative Remedies
No failure or delay by either party in exercising any right under these Terms and Conditions shall constitute a waiver of that right. Administrator may waive a provision of the Terms and Conditions only by non-electronic writing signed by an authorized representative of Administrator. Unless expressly stated otherwise elsewhere in these Terms and Conditions, all rights and remedies provided in the Terms and Conditions are cumulative and not exclusive of any other rights or remedies that may be available to you and/or Administrator, whether provided by law, equity, statute, or otherwise. 22. Severability
If any provision of these Terms and Conditions shall be held, by a court of competent jurisdiction, unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Any provision of these Terms and Conditions held unlawful, void, or for any reason unenforceable shall be modified by the court and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law. 23. Attorney Fees
You shall pay on demand all of Administrator’s reasonable attorney fees and other costs incurred to collect any fees or charges due Administrator]under the Terms and Conditions following your breach of Section 6above. 24. Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Notice
We respect the copyright interests of others and, as such, require our users to comply with these Terms and Conditions and all applicable laws regarding copyrights. If you believe that any content shown on or transmitted through the Site violates these Terms and Conditions or your copyright please report the violation. In the case of a copyright violation please provide the following information:
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site (including the exact URL);
- an address, a telephone number, and an email address where we can contact you and, if different, an email address where the alleged infringing party, if not us, can contact you;
- a statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law; and
- a statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.
All notices should be sent to our designated agent as follows: Brenda Rampy [email protected]
5300 Democracy Drive Suite 120 Plano, TX 75024 It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove the content of both parties. 25. Our Site Is Directed to United States Visitors
The Site is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.