My Healthy Church Terms of Use
The My Healthy Church website (the "Site") is owned and operated by My Healthy Church ("MHC" or "we" or "us"), including its parent organization and/or affiliates. For purposes of these Terms of Use ("Terms of Use"), you may be referred to as "you" or "User". By using the Site, you agree to these Terms of Use; if you do not agree, please do not access or use the Site.
Description of Service
In order to access the Site, you are personally responsible for obtaining, providing and maintaining: (1) access to the Internet, including without limitation payment of telephone, cable, or other connection and service fees associated with Internet access; and (2) all equipment required to access and use the Site and the Internet. You acknowledge and agree that the Site may periodically be unavailable due to maintenance or technological issues. We are not responsible or liable for the ability or inability of any user to access the Site.
License Terms
Subject to your compliance with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, revocable, limited license to access and use the public areas of the Site. This license does not allow use of any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content (defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site. We reserve the right to bar any such activity. All rights not expressly granted to you in these Terms of Use or our Privacy Policy, which is incorporated herein, are reserved and retained by us or our licensors or other content providers. Except as expressly provided in these Terms of Use, no Content or any part of the Site may be reproduced, transmitted, republished, uploaded, posted, publicly displayed, encoded, translated, distributed in any way, or otherwise exploited without our express written consent. The license granted will automatically terminate if you do not comply with these Terms of Use or any other terms of service.
Content
All text, graphics, images, video, audio, charts, widgets, user interfaces, visual interfaces, trademarks, logos, software code, and other copyrighted or otherwise proprietary content (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to MHC, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You may use information describing products and services purposely made available by MHC for downloading from the Site, provided that you: (1) not remove any proprietary notice language in all copies of such documents; (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; (3) make no modifications to any such information; and (4) not make any additional representations or warranties relating to such documents.
Privacy/Security
Please review the Privacy Policy as it is incorporated into these Terms of Use and also governs your use of the Site and transactions you may enter into with MHC through the Site. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. When an order is placed on the Site, we offer the use of a secure server to protect customer information. The secure server software (SSL) encrypts the information you input before you send it to us. We may utilize a third party to process credit card transactions and store credit card data. We attempt to contract with third parties who are reputable and reliable; however, we are unable to guarantee such third parties' data protection practices.
Account
If you create or use an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
If you are under 18, you may use the Site only with involvement and approval of a parent or guardian. If you are under the age of 13 you may not create or use an account or provide any personal information to MHC in accordance with the Privacy Policy. MHC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Disclaimer for Products and Purchases
The books provided through this website contain valuable material for discerning readers; however, some of them may contain doctrinal statements and practices not completely in harmony with the stated position of My Healthy Church. If you encounter an offensive website from within the Site, please notify us at <a href="mailto:[email protected]">[email protected]</a>. MHC reserves the right to change advertised prices without notice, however, you will be provided with the final price of an item before finalizing your order. Your purchase is governed by these Terms of Use and the Privacy Policy, which are incorporated herein.
Links to Other Websites
The Site may contain links to other independent third-party web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to you and our visitors. Such Linked Sites are not under MHC's control, and MHC is not responsible for and does not endorse the content of such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
USER AGREES TO USE THE SITE AT USER'S SOLE RISK AND RESPONSIBILITY. ACCESS TO SITE, RELATED WEBSITES, AND SERVICES IS PROVIDED ON AN "AS-IS", "AS-AVAILABLE" BASIS WITH NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MHC SPECIFICALLY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES TO THE EXTENT PERMITTED BY APPLICABLE LAW AND MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE, RELATED WEBSITES, OR SERVICES (A) WILL MEET THE NEEDS OR REQUIREMENTS OF USER OR WILL BE COMPATIBLE WITH ANY HARDWARE, SERVER, SYSTEM, NETWORK, OPERATING SYSTEM, SOFTWARE, INTERNET SERVICE PROVIDER, OR OTHER TECHNICAL SPECIFICATIONS, (B) WILL BE AVAILABLE, RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (C) WILL PROVIDE OR ENABLE USER TO ACHIEVE A GIVEN OR DESIRED RESULT, OR (D) WILL BE REPAIRED, UPGRADED, DEBUGGED, OR FUNCTION WITHOUT ERROR, MISTAKE, OR OMISSION. MHC MAKES NO WARRANTY AND ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR CONTENT, INFORMATION, ADVICE, GOODS, OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE, OR RESULTING FROM OR ARISING OUT OF THE SITE, CONTENT, OR USER CONTENT. THIS DISCLAIMER OF WARRANTIES MAY ONLY BE AMENDED OR MODIFIED BY A WRITTEN INSTRUMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF MHC WHICH SPECIFICALLY STATES THAT IT MODIFIES THESE TERMS OF USE AND MAY NOT BE ALTERED, MODIFIED, OR ELIMINATED IN ANY OTHER MANNER, INCLUDING WITHOUT LIMITATION ADVICE, INFORMATION, OR TECHNICAL SUPPORT GIVEN OR RECEIVED FROM MHC OR THE SITE. EXCLUSIONS, LIMITATIONS, AND DISCLAIMERS CONTAINED IN THIS DISCLAIMER OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE RIGHTS OF INDIVIDUAL USERS MAY VARY BY JURISDICTION.
Limitation of Liability
MHC DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE ACCURACY, INACCURACY, LEGALITY, RELIABILITY, OPERABILITY, FUNCTIONALITY, AND AVAILABILITY OF ANY AND ALL CONTENT AND SITE SERVICES. MHC DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR DAMAGES ARISING OUT OF, RESULTING FROM OR RELATING TO YOU OR ANY THIRD PARTY CREATING, PUBLISHING, DISPLAYING, UPLOADING, DOWNLOADING, DISTRIBUTING, ACCESSING, OR USING ANY AND ALL CONTENT, USER CONTENT, OR THE SITE. MHC DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ERRORS, OMISSIONS, SUSPENSION, DELETION, MISDELIVERY OR UNAVAILABILITY OF THE SITE, CONTENT, AND USER CONTENT. MHC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL DAMAGES, CAUSED BY, RESULTING FROM OR ARISING OUT OF (A) USE, MISUSE, OR LACK OF USE OF THE SITE, ANY CONTENT, OR USER CONTENT, (B) CONTENT, USER CONTENT, INFORMATION, ADVICE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR AS A RESULT OF THE SITE, (C) MESSAGES SENT, RECEIVED, INTERRUPTED OR DELETED, TRANSACTIONS ENTERED INTO, OR ANY OTHER ACTION TAKEN OR NOT TAKEN AS A RESULT OF UNAUTHORIZED ACCESS TO THE SITE OR A PERSONAL ACCOUNT REGISTERED TO, BY OR ON BEHALF OF ANY USER, (D) STATEMENTS, ACTIONS, MATERIAL AND CONTENT CREATED, PROVIDED , UPLOADED , DOWNLOADED, LINKED, OR POSTED BY USERS OR THIRD PARTIES, OR (E) ANY OTHER CAUSE, EFFECT, ACTION, CONSEQUENCE, OR DAMAGE NOT DIRECTLY CAUSED BY OR RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF MHC OR ADMINISTRATORS OF THE SITE. EXCLUSIONS AND DISCLAIMERS CONTAINED IN THIS LIMITATION OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE RIGHTS OF USERS MAY VARY BY JURISDICTION.
Violation of Terms of Use
You agree that MHC may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site.
Indemnity
You agree to indemnify MHC against any and all claims, losses, liabilities, damages, demands, suits, causes of action, judgments, costs and expenses, including without limitation court costs and attorneys' fees resulting from or arising out of any breach of these Terms of Use.
Governing Law and Dispute Resolution
MHC and User understand and agree that the Terms of Use shall be governed and construed in accordance with the laws of the State of Missouri without regard to the conflicts of laws provisions therein. User agrees to submit to the personal jurisdiction of the Federal or state courts located in Greene County, Missouri for purposes of any legal action arising under or related to the Terms of Use, the Site, or use of the Site by User. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between MHC and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation or pursue any right or remedy available to them under applicable law.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and MHC with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and MHC with respect to such use are hereby superseded and cancelled. MHC will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. MHC's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by MHC of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between MHC and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Void Where Prohibited
Although the Site is accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. MHC reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Modification of Service
MHC reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site or any portion of the Site; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Changes to Terms of Use
MHC encourages you to read these Terms of Use upon each visit to the Site as they may change from time to time. Only those Terms of Use to which you agreed upon creating an account, or if you do not have an account, those Terms of Use in effect on the date of your visit to the Site, shall apply.
Effective Date: April 20, 2018