A. Collection of Information.
You acknowledge and agree that Pulse Outreach may collect information from you and about you when you use the Services. The information collected will be used to communicate with you. In some instances, Pulse Outreach may collect and use your information for other purposes detailed below.
Specifically, Pulse Outreach may collect the following information from you:
B. Use of Information
Generally speaking, Pulse Outreach will use information collected from you to provide you with the Services and to improve the Services. You thus acknowledge and agree that Pulse Outreach may use information collected from you for the following purposes.
C. Disclosure of Information.
You acknowledge and agree that Pulse Outreach may share information about you in the following circumstances:
D. Complaint Procedure and Your Right to Request Removal of Information.
E. Pulse Outreach’s Right to Amend Policy.
F. Pulse Outreach’s Efforts to Secure Information.
Pulse Outreach uses technical and physical safeguards to protect against foreseeable breaches of its data, including the unauthorized use, access, or destruction of any information subject to this policy. You agree that Pulse Outreach is not responsible for the actions of third parties who may compromise Pulse Outreach’s safeguards to access your information.
G. Disclaimers and Limitation of Liability
The Services and access to Pulse Outreach’s site is provided on a “as is” and “as available” basis, “with all faults” and without warranty of any kind. Pulse Outreach, its licensors, and its affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the website offered and the Services, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Pulse Outreach knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Pulse Outreach, its licensors, and its and their affiliates make no warranty that (1) the Services will operate properly, (2) that the Services will meet your requirements, (3) that the operation of the Services will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Services can or will be corrected. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed. Pulse Outreach, its licensors, and either of their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Services. This paragraph will apply to the maximum extent permitted by applicable law.
Further, to the maximum extent permitted by applicable law, neither Pulse Outreach, nor its licensors, nor its or their affiliates, nor any of Pulse’s service providers (collectively, the “Pulse Parties”), shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, arising out of or in connection with this Agreement or the Services, or the delay or inability to use or lack of functionality of the Services, even in the event of a Pulse Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if a Pulse Party has been advised of the possibility of such damages.
You agree to indemnify, pay the defense costs of, and hold Pulse Outreach, its licensors, its and their affiliates, and its and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, or (b) any act or omission by you in using the Services. You agree to reimburse Pulse Outreach on demand for any defense costs incurred by Pulse Outreach and any payments made or loss suffered by Pulse Outreach, whether in a court judgment or settlement, based on any matter covered by this provision. If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation above.
I. Governing Law and Jurisdiction
You agree that this Agreement will be deemed to have been made and executed in the State of Minnesota, U.S.A., and any dispute will be resolved in accordance with the laws of Minnesota, excluding that body of law related to choice of laws, and of the United States of America. Any action or proceeding brought to enforce the terms of this Agreement or to adjudicate any dispute must be brought in the state or federal courts encompassing Hennepin County, Minnesota. You agree to the exclusive jurisdiction and venue of these courts. You waive any claim of inconvenient forum and any right to a jury trial. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement.
J. Class Action Waiver
You agree not to bring or participate in a class or representative action, private attorney general action, or collective arbitration related to the Services or this Agreement. You also agree not to seek to combine any action or arbitration related to the Services or this Agreement with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.
Last Updated: October 2018
Pulsemovement.com is a Web site (Site) of PULSE. When we use the terms “we” “us” or “our”, we refer to PULSE Outreach and affiliated initiatives of our organization (collectively “Our Organization”).
1. USE OF THE SITE
2. DESCRIPTION OF SITE AND THE SERVICE.
We may provide, through the Site, services (defined herein as “Services”) that include without limitation the:
(a) provision of the Site and other online services and Internet sites;
(b) display, performance, provision, and use of: information such as educational, promotional, product, pricing, marketing or other valuable information (“Information”); copyrighted works, photographs, text, music, video, sound, graphics, messages, and other Materials, including Our Materials and Third Party Materials (“Content”); and our and Third Parties’ Trademarks;
(c) interactive communication through chat, message boards, VOIP and other media, and
(d) offering of products and services for sale, license, distribution or use.
You can contact us about this Site or about accessing and changing any personal information you provide at this Site through contact information contained on the Site.
3. OWNERSHIP OF INTELLECTUAL PROPERTY OF THIS SITE AND MATERIALS.
3.1. Trademarks, Copyright and Intellectual Property Ownership.
We use names, marks, brands, design marks, slogans, logos, designs, trade dress and trade names on the Site or with the Service (“Our Trademarks”). We own all Trademarks, the Content (subject to a Third Party owning its Intellectual Property), and other information displayed and posted on, contained in, and/or provided in connection with, the Site and/or the Service (collectively, “Our Materials”). Also, third parties have allowed us to post or use their materials and Trademarks on the Site (“Third Party Materials”). We refer to Our Materials and Third Party Materials collectively as the “Materials.”
3.2 Copyright Notice.
Our Materials contained on the Site are copyrighted materials of PULSE Outreach.
Copyright © 2006-2018 PULSE Outreach. All rights reserved.
We exclusively own, or have the right to use or license, all intellectual property in the Materials, proprietary information and know-how used with the Site and Services. We maintain all of the web pages of the Site as a collective work under the U.S. copyright laws and protect the Site and Materials under others’ trademark and other intellectual property laws.
3.3 Rights in Materials.
You agree not to display, use (including co-branding your owns goods or services with our Trademark), remove, or alter Our Organization’s or Third Party Trademarks, Content or other Information without prior written consent.
You also agree that any use by you, or on your behalf, of our Trademarks, and the goodwill associated therewith, shall inure to our benefit. You are expressly prohibited from using our Trademarks, and any other Materials, in a manner that, in our sole judgment, is inconsistent with Pulse’s use, exclusive right to control, or mission.
4. GENERAL USE RULES.
By using or accessing the Site or Services, you agree to adhere to the following General Use Rules. We reserve the right to suspend or terminate your access to the Site, and to refuse any and all current or future access to, or use of, the Site and the Service for violation of any of the following General Use Rules.
(a) You agree not to use obscene, racist, vulgar, discourteous, indecent or sexually explicit language or images. You agree not to post, upload, e-mail, transmit, distribute, or otherwise make available, any such content or materials onto any of the Site, including any online discussion;
(b) You agree not to post or communicate infringing material or harassing communications or advertisements. You also agree not to post, communicate, upload, e-mail, transmit, distribute, or otherwise make available:
(c) You agree not to use the online discussion or the Site for commercial purposes of any kind;
(d) You agree not to harm, or attempt to harm, lure or deceive minors in any way by your use or access of the Site or Services;
(e) You agree not to create or use a false identity for the purpose of misleading others;
(f) You agree not to collect or store personal data about other users;
(g) You agree not to post or distribute any software or other materials that contain a virus, worm, trojan horse or other harmful or disabling code or component;
(h) You agree not to interfere with, or disrupt, the operation of the Site and/or the Service, or with servers or networks connected to, or used in connection with the operation of the Site;
(i) You agree not to disobey any requirements, procedures, policies or regulations established by the owners or operators of any networks, hardware, or software connected to, or used in connection with the operation of the Site, or any requirement that we post on the Site; and
(j) You agree to respect the privacy of others. You agree not to post or disclose phone numbers, addresses, Social Security numbers, or any other private information, relating to any other person.
5. RESTRICTIONS ON USE OF CONTENT, MATERIALS AND MARKS.
5.1 Proper notice required.
“Copyright © 2018 PULSE Outreach. All rights reserved. Used by permission.”
All other copyright notices and Trademark notices should be maintained and displayed, as displayed on the Site or on the relevant work, or as otherwise instructed by us.
6. LIMITED LICENSE FOR DOWNLOADABLE MATERIALS.
6.1 Downloadable Materials.
We may identify certain materials on our Site as being downloadable (“Licensed Materials”). You may download one copy of these identified downloadable materials subject to the restrictions of the Terms. We grant to you a limited, non-exclusive, non-transferable, non-sublicensable, license to view, print, and make one copy of the Licensed Materials for only informational, educational, non-commercial, personal purposes and without alteration of the materials (the “License”). You can use the Licensed Materials only in the format in which we make them available on the Site for download, and only in authorized distributions.
The License is subject to the following additional restrictions:
(a) You cannot charge or collect any Distribution Fee for the distribution of any of the Licensed Materials. The term “Distribution Fee” means any and all payments of monies, fees, royalties, remuneration, donations, gifts or other consideration, whether in cash or like-kind, received by, paid to, owed to, on or behalf of, a user or a distributor that arise from, or are in any way related to the provision, transmission, distribution, sale, license, lease, rental or other use of the Licensed Materials, including specifically without limitation, any fundraising activities;
(b) All copyright, trademark or other proprietary notices that appear on the Licensed Materials, together with the permission notice, must appear on all copies of the Licensed Materials that you make or distribute;
(c) You shall not use, copy or distribute any graphics comprising part of the Licensed Materials separate from accompanying text;
(d) You shall not use the Licensed Materials in connection with, or relation to, any fundraising activities;
(e) You shall not use the Licensed Materials in a manner that suggests an association with or endorsement by us, or any of our products, services, or brands; and
(f) You shall not download quantities of Licensed Materials to a database that can be used to avoid future downloads of any of the Licensed Materials from any of the Sites.
(g) We may terminate the License at any time as described in paragraph 6.4 below.
6.2 Download of General Content.
For the materials not clearly identified and intended as downloadable materials (“General Content”) we grant you a limited, non-exclusive license to print one copy of the General Content, without alteration for your use for informational, non-commercial, private or personal purposes only. No other use of downloaded General Content is allowed unless specifically allowed on the Site. You shall not copy any of the General Content or Materials or Content on our websites, onto another website. You may, however, access the Materials or Contents of our websites through a hyperlink.
6.3 Reservation of Rights.
We reserve any rights not expressly granted herein.
6.4 Termination of License.
7. PERSONAL INFORMATION AND PRIVACY OF INFORMATION
7.1. Provision of Your Personal Information.
7.2 Accuracy of Personal Information.
In operating our Site, we seek to provide valuable information, and we value accurate and honest communication. In using the Site, you agree to provide true, accurate, current and complete information about yourself or other data and materials you provide. It is your responsibility to maintain the security of all passwords, user identification data, and other unique identifiers established in connection with your use of any part of the Site and/or the Service, including any online discussion. As part of your use, you agree to maintain and promptly update the Registration Data, and any other information you provide and to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your access to the Site, and to refuse any and all current or future access to, or use of, the Site and the Service.
7.3 Use by Minors.
We do not collect personal information from children under the age of 13 beyond what is necessary for them to participate in our online or other activities, such as registering for a conference or downloading materials. If we discover that we have accidentally collected personal information from a child below the age of 13, we will delete it from our records as soon as reasonably possible.
If a child, under the age of 16 attempts to register with one of our Digital Tools or participate in an activity requiring the submittal of personally identifiable information, a parent or guardian must give permission and consent for that child to provide information and register. The only personal information we collect from a child is information that is necessary for the child to participate in activities, such as an address for making a purchase. Parents have the right to request at any time that the information collected about their child is removed from our database.
A parent of any minor providing information to our Site can:
(a) ask to review any personal information about his/her child that we may have collected at the Site; and/or
(b) request that we delete this information (if we still have the information in our databases).
If you are a parent and wish to exercise this right, simply contact us at the contact information listed on the site and provide your child’s log-in name and proof of your identity in relationship to the child. For more information, please refer to our Privacy Statement.
In the absence of parental permission, you certify by using the Site or any part of the Service, that you are at least 16 years of age. If you are ordering or purchasing any product, you agree that you are 18 years of age, or at least the age of majority for purposes of entering into an enforceable contract in the jurisdiction in which you reside.
8. ONLINE DISCUSSION AND INTERACTIVE PARTICIPATION AND USER POSTED INFORMATION AND CONTENT.
8.1 Truthful Participation and Assumption of Risk in Interactive Communications.
Through our Site, you may participate in a number of interactive communication activities including online discussion, email, VOIP and other means of interactive communication with other participants (“Interactive Communication”). We cannot be, and we are not, responsible for the content, opinions or accuracy of any information provided or posted in any Interactive Communication. You participate at your own risk when engaging in any activity relating to the Site and/or the Service (including any Interactive Communication). You expressly assume all risk and take full and sole responsibility for (a) all postings using, or made under, your Passwords or Your Accounts; (b) and any use of any Information, Content or Materials provided or displayed on, or contained in, the Site (including in any online discussion) and (c) any communication or interaction with other users through the Site. When participating in an online discussion or Interactive Communication, you are wise to never assume that people are who they say they are, know what they say they know, or are affiliated with who they say they are. Portions of the Site may allow users to post their own material. The materials posted by users do not necessarily reflect our views and we shall not be liable for any user information posted or displayed on, or uploaded onto any of the Site, including any online discussion.
The term “online discussion” means a chat area, message board, e-mail or other function that allows you to provide information or interact with others offered as part of Our Site.
8.2 Posting Materials to Site.
By posting materials to or communicating with other participants on the Site or in an Interactive Communication, you represent and warrant to us that: (a) you have all necessary rights to such materials, and that the posting of such materials will not infringe on any personal or proprietary rights of any third party, including its intellectual property rights; and (b) such materials are not harmful, defamatory, unlawful, threatening, obscene, lewd, lascivious, harassing, and/or contrary to the principles, tenets, and Mission Statement of Our Organization.
8.3 We have the Right to Remove or Block Postings or Interactive Communications.
We reserve the right to remove or block any and all postings and Interactive Communications, including but not limited to those that we consider to be:
8.4 Ownership in Posted Material.
8.5 Disclaimer on Information Received from Volunteers.
Our Organization provides general information regarding spiritual matters and religious questions through the Internet. We make this information available solely for informational and educational purposes. Please be aware that the information is not prepared by licensed counselors, medical or mental health professionals and it is not provided as medical, mental, or other professional advice. You should not use or rely on any information or advice provided by Our Ministry or any Volunteer in lieu of medical, mental health, physical or other professional assistance or counseling. Instead, you should always consult with your physician, psychologist, psychiatrist, pastor, rabbi, priest, cleric or other spiritual advisor.
9. ACTIVITIES WITH THIRD PARTIES ON OR FROM THE SITE
9.1 Linking to Third Party Sites from Our Site.
From time to time, we may provide links on the Site that will allow you to connect with web sites of third parties that are not under our control. We are providing these links only as a convenience to you. Further, there may be times while in the Site that you could be directed to sites that are beyond our control. This includes links from other organizations, sponsors or volunteers that may use our logo(s) as part of an agreement with us. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive.
9.2 No Warranties.
9.3. No Endorsement.
Links to other websites do not imply an endorsement of the materials, products, content, ideas or Interactive Communications displayed on, or disseminated at or through those web sites, nor does the existence of a link to another of our Sites imply that the organization or person publishing at that Site endorses any of the materials or ideas at our Site. We reserve the right to disable links from third party sites to any of our Sites at any time without prior notice.
9.4 Rules for Linking to Our Site.
We may provide the option for you to post a link to our site from your website or other third party sites. We reserve the right to, at any time and without prior notice, ask you to remove the link should we determine it to have a negative effect on our website, search engine results or other negative impact on our visitors. You agree to remove the link immediately upon request.
10. PRODUCT SALES, DONATIONS, SUBSCRIPTIONS AND FEES
10.1 Product Sales and Availability.
We may sell certain products and materials on our Sites. All prices for products and materials sold through the Site are quoted in U.S. Dollars, and are valid and effective only in the United States at the time of posting. If we provide products or materials for delivery to certain locations outside the United States, we reserve the right to charge a higher price, or additional fees, for such products. We reserve the right to, at any time, and without prior notice, discontinue or change information, availability and pricing on any product or Materials on our Site, without incurring any obligations to you or any other party. You are responsible for any applicable use taxes of your jurisdiction imposed as user or buyer of products or services.
10.2. Third Party Sales.
WE MAKE NO REPRESENTATIONS WITH RESPECT TO THE AVAILABILITY OR QUALITY OF ANY PRODUCTS, MATERIALS OR SERVICES THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM ANY OF THE SITES, OR AS A RESULT OF THIRD PARTY CONTENT (INCLUDING ADVERTISEMENTS OR SPONSORSHIPS) POSTED, DISPLAYED OR INCLUDED ON ANY OF THE SITES. WE DO NOT ENDORSE ANY OF THE PRODUCTS, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY OR RELIABILITY OF ANY INFORMATION CONTAINED IN SUCH THIRD PARTY SITES OR CONTENT (INCLUDING ADVERTISEMENTS).
YOU HEREBY IRREVOCABLY AND FOREVER RELEASE AND WAIVE (ON BEHALF OF YOURSELF AND YOUR HEIRS, PERSONAL REPRESENTATIVE, AND PERMITTED ASSIGNS) ANY CLAIM AGAINST US RELATING TO, OR ARISING OUT OF, (A) THE OPERATION OR DISPLAY OF ANY THIRD PARTY WEBSITES AND THIRD PARTY CONTENT, WHETHER OR NOT SUCH WEBSITES AND CONTENT ARE ACCESSIBLE THROUGH, OR DISPLAYED ON, THE SITE; (B) YOUR ACCESS OR USE OF ANY THIRD PARTY WEBSITE OR THIRD PARTY CONTENT; AND (C) ANY AND ALL PRODUCTS OR MATERIALS THAT YOU PURCHASE FROM ANY THIRD PARTY WEBSITE, EVEN IF SUCH PRODUCT IS ADVERTISED ON THE SITE.
WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ON-LINE OR OFF-LINE TRANSACTION WITH THE OPERATOR OR OWNER OF A THIRD PARTY WEBSITE OR THE PUBLISHER OR OWNER OF ANY THIRD PARTY CONTENT DISPLAYED ON THE SITE.
10.3 Ownership of Third Party Materials
Donations made through our Site are verified, secure and confidential. Like any tax-deductible charitable contribution, any electronic donation made through our Site by credit card or electronic transfer is considered made and irrevocable at the time the contribution is submitted on our Site. For further information or questions concerning donations you may contact us at: 612-248-8080 or email us at [email protected]
10.5 Credit Cards.
We take the issue of your privacy seriously. All credit card information submitted is protected by SSL (Secure Sockets Layer) encryption or similar technology. We provide your credit card number, billing and shipping information to participating merchants from whom you buy goods or services. All credit card payments are processed using PCI compliant technology, to ensure that your credit card number is securely passed to the merchant. We do not store your credit card details. These merchants are solely responsible for how they use that information and any other information they independently acquire from you or about you.
10.6 Subscriptions, Fees and Billing.
Some services offered on certain of our Sites may require a subscription or other fee to receive Services (“Subscribed Services”). If you open an account for Subscribed Services on any of our Sites, you hereby agree to pay all charges to such account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable and following all rules of the subscriptions. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges, or terms effective upon notice to you at the e-mail address you provide when establishing your account. We reserve the right to terminate your account(s) at any time for any reason.
10.6.1. Each of our Sites with Subscribed Services will contain rules for payment, use and termination of the Subscribed Services. You agree to adhere to all such rules in using the Subscribed Services.
10.6.2. Renewal: Your subscription for each Subscribed Service will be automatically renewed and your credit card account will be charged on the same time and cost basis as the prior subscription period unless a Site indicates otherwise.
11.1. EXCEPT FOR THE LIMITED WARRANTIES OTHERWISE EXPRESSLY STATED AND DISPLAYED ON THE SITE RELATING TO CERTAIN PRODUCTS THAT WE SELL THROUGH THE INTERNET STORE, YOUR USE OF THE SITE, THE SERVICE, ALL CONTENT, ALL INFORMATION, AND ALL MATERIALS ARE OFFERED ON AN “AS IS” BASIS, “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE, ALL INFORMATION, CONTENT, MATERIALS, THE SOFTWARE, AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE AND/OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS OR ERRORS WILL BE CORRECTED PROMPTLY OR AT ALL; AND/OR THAT ANY OF THE SITE, INFORMATION, CONTENT, MATERIALS, THE SERVICE (AND/OR ANY SOFTWARE, SERVER, COMPUTER, HARDWARE, OR NETWORK RELATING TO THE OPERATION, OR HOSTING OF, ANY OF THE FOREGOING) WILL BE FREE OF VIRUSES, ERRORS, OR HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY COMMUNICATIONS OR MATERIALS POSTED ON OUR THE SITE OR IN ANY ONLINE DISCUSSION.
11.2. WE EXPRESSLY DISCLAIM ANY WARRANTIES, REPRESENTATIONS, OR RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, CONTENT, AND MATERIALS CONTAINED, DISPLAYED, OR POSTED ON THE SITE OR OTHERWISE AVAILABLE THROUGH OUR SITE, OR ON SITES THAT LINK TO OR FROM THE SITE. ALL SUCH INFORMATION, CONTENT AND MATERIALS ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT WARRANT, OR MAKE ANY REPRESENTATIONS WITH RESPECT TO, THE USE, OR THE RESULTS THAT MAY BE ACHIEVED THROUGH SUCH USE, OF ANY OF THE SITES, ANY PART OF THE SERVICE, AND/OR ANY INFORMATION, CONTENT, AND/OR MATERIALS.
11.3. AT ANY TIME AND WITHOUT NOTICE, WE MAY, FOR ANY REASON WHATSOEVER AND WITHOUT INCURRING ANY LIABILITY OR OBLIGATION TO YOU OR ANY OTHER PARTY, TERMINATE OR SUSPEND THE DISPLAY, OPERATION AND/OR PROVISION OF (A) THE-SITE (OR ANY PART THEREOF, INCLUDING ANY CONTENT, INFORMATION, AND/OR MATERIALS); (B) ANY PART OF THE SERVICE; AND/OR (C) YOUR ACCESS TO THE SITE OR ANY PART OF THE SERVICE.
11.4 WHILE WE WILL MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION, REPORTS AND PRAYER REQUESTS ON OUR SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE, ACCURATE, COMPLETE OR THAT OUR SITE CONTAINS ALL OF THE RELEVANT INFORMATION AVAILABLE. IN PARTICULAR, IF YOU ARE MAKING A CONTRIBUTION DECISION REGARDING ANY OF OUR MINISTRIES, PLEASE CONSULT A NUMBER OF DIFFERENT AND INDEPENDENT SOURCES, INCLUDING THE CHARTER MEMBERSHIP INFORMATION AT THE EVANGELICAL COUNCIL FOR FINANCIAL ACCOUNTABILITY (ECFA).
12. LIMITATION OF LIABILITY.
You are entirely responsible for maintaining the confidentiality of all passwords and all accounts that you establish in conjunction with your use of our Sites or the Service (“Your Accounts”). You are solely responsible for all activities that occur under, or relating to, your passwords and Your Accounts, and for your use of any of our Site and any part of the Service.
You hereby agree to indemnify, defend, and hold us, and our affiliates, our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”), harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of, or relating to:
(b) any unauthorized use by you of any Information, Content, Materials, our Site, or any part of the Service;
(c) your use of our Site and/or any part of the Service; and
(d) all activities relating to, or conducted under, your passwords and/or Your Accounts.
You shall use your best efforts to cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim against you or use that is subject to indemnification by you. You agree that in the event of any unauthorized use of our Site, any Information, Content, Materials, and/or any part of the Service, we shall be entitled to obtain an injunction proscribing such unauthorized use, without the necessity to post bond, and in addition to any other remedies available at law or in equity.
14. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.
14.1 Unless otherwise specified, the Site, the Information, Content, Materials and the Service are presented solely for the purpose of promoting your spiritual and educational awareness and understanding, and promoting certain programs, films, and other products and services available in certain countries. Our Organization has its international headquarters in Minneapolis, Minnesota. If you access any of our Sites from outside the United States, be advised that the Site may contain references to Information, Content, Materials, Services, products and other information and materials that may not be available, or may be prohibited, in your country. We reserve the right to limit the provision of any of our Site, any Content, any Information, any Materials, and any part of the Service to any person, geographic area or jurisdiction we so choose in the exercise of our sole discretion. The Service, or any part thereof, is void where prohibited.
14.2 You agree to comply with all local rules regarding the use of our Site (including any online discussion), any Information, any Content, any Materials, and any part of the Service, including any local rules regarding acceptable online conduct. You also specifically agree to comply with all applicable laws regarding the transmission of technical data or other information exported from the United States or the country in which you reside.
14.3 The Software used in association with the Site and the Service may be further subject to United States export controls. No Software may be downloaded, or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By accessing, downloading or using the Software, or any other materials relating to the Site that are subject to United States export controls, you represent and warrant to us that you are not located in, or a resident or national of, any of the countries identified in subsection (a) of this Paragraph 14.3, and that you are not acting on behalf of, or under the control of a national or resident of any such country, or any person described in subsection (b) of this Paragraph 14.3.
15. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
We are committed to respecting the intellectual property rights of other parties, and we ask you, and the other users of our Site and the Service, to do the same. Pursuant to Title 17, United States Code, Sections 512(c)(2) and (3), notifications of claimed copyright infringement for materials displayed, or available, on any of the Site should be sent to our office at:
34 13th Avenue NE, B001
17. GENERAL PROVISIONS.
17.1 You acknowledge and agree that the unauthorized use of our Site, Information, Content, Materials, and/or any part of the Service could cause irreparable harm to us and/or organizations or individuals that may be associated with us worldwide. Accordingly, you agree that in the event of any unauthorized use of our Site, any Information, Content, Materials, and/or any part of the Service, we shall be entitled to obtain an injunction proscribing such unauthorized use, without the necessity to post bond, and in addition to any other remedies available at law or in equity.
17.2 We may at times send you information by e-mail that we believe will be of interest to you. If you register at any of our Sites, and you do not want to receive e-mails from us, please let us know by responding to the unsubscribe action in the message received or contacting us through information provided on the website.