Effective Date: March 22, 2022
WE ENCOURAGE YOU TO PLEASE READ THESE TERMS CAREFULLY. THEY DESCRIBE THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF OUR ONLINE AND DIGITAL PROPERTIES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY CHOOSE NOT TO ACCESS OR USE OUR SITES.
PLEASE NOTE THESE TERMS ARE SUBJECT, EXCEPT IN LIMITED CASES, TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS FURTHER DETAILED BELOW.
United Methodist Communications provides leadership for The United Methodist Church in communication, public relations and promotion of the general funds and worldwide programs of the denomination. These terms describe important information regarding your rights and rules for your use of our website ResourceUMC.org and our other websites, micro-sites, social media platforms, and other online and digital properties, content, products, services, software and applications (the “Sites”). By browsing, accessing or using our Sites you agree to these terms. In the event of any inconsistencies between the English version of these terms and any version of these terms in any other language, the English version will control.
YOUR AGREEMENT WITH US
MODIFICATION OF OUR TERMS
To accommodate new services and features on our Sites and to ensure up-to-date compliance with applicable laws, we may modify our terms from time to time. When we modify our terms, we will notify you by posting on our Sites. You must discontinue using our Sites if you disagree with the modifications. Any changes will become effective as of the date of posting. We urge you to review these terms often so you are always fully informed.
USE BY CHILDREN
Most of our Sites are not intended to be used by or designed to attract children under the age of 13 and may be used by children between ages 13 and 18 only with the approval of a parent or guardian. If any of our Sites intend to be used by or are designed to attract children, they will include additional information regarding the applicable policies and practices for that site regarding children. If you are the parent or guardian and consent to your minor child’s access to and use of our Sites, you agree to be bound by these terms on behalf of yourself and your child.
You may have the opportunity on our Sites to create a user account to participate in certain features of the site. If you create an account, you are responsible for maintaining your profile and using the settings available to protect the confidentiality of your profile username, password and all other personal information. You are responsible for all uses of your account, whether or not you have authorized them. You agree to provide, maintain and update true, accurate, current, and complete information about yourself in the registration process. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You agree to promptly notify us of unauthorized use of your username, password, other account information or any other breach of security that you suspect or become aware of involving or relating to the Sites. You also agree to exit your user account at the end of each session. Some of our Sites may offer you the opportunity to register or log in using social media or other third-party services. We do not control such services and are not responsible for them. We fully disclaim all liability associated with them.
A posting agent is a third-party agent, service or intermediary that offers to post content on behalf of others. To moderate demands on our resources, you may not use a posting agent to post content on our Sites without our written consent. Posting agents may not post content on behalf of others or access our Sites to facilitate posting content on behalf of others without our written consent.
We may charge a fee for you to post content in some areas of our Sites. The fee is an access fee permitting content to be posted in a designated area. You are responsible for the content you post and compliance with these terms. All fees paid are non-refundable in the event content is removed from our Sites for violation of the terms.
Our Sites may include content posted or uploaded by not only you but also other users of our Sites, content we will call “User Content” in these terms. Unless our Sites make clear otherwise, we do not claim ownership of User Content, and it does not necessarily express our views. Because it is not content we have posted or uploaded, we are not responsible for User Content and cannot verify its accuracy, timeliness, completeness or usefulness. We have the right, but not the obligation, to monitor, edit or delete User Content. Your use or reliance on User Content is at your own risk, and we are not responsible for it.
PUBLIC FORUMS AND INTERACTIVE COMMUNICATIONS
Some of our Sites offer public forums and other interactive communications. Please be aware that these features are public or may be subject to public access. Please use respect when you interact with others through our Sites. You are responsible for the content you post and the consequences of posting the content, and your interactions with third parties through our Sites. Such dealings are solely between you and such third parties. We urge you to be cautious about these interactions. Your use or reliance on such content is at your own risk, and we are not responsible for it. We reserve the right to remove without notice any posting or communication for any reason, but we have no obligation to delete content that you may find objectionable or offensive. Information and opinions expressed in public forums or other interactive communications by others are not necessarily ours.
Our Sites may allow users to post events, meet-up opportunities, and other local happenings taking place outside of the Sites. We do not supervise or control these events and are not involved in any way in the transportation to or actions or events that take place during any such event. Likewise, we are not responsible for any transactions, ticketing, payments or fees required or requested in connection with such events. We do not warrant or represent that the listings of events posted on the Sites by users are accurate, complete, reliable, current or error-free. We encourage you to exercise caution in attending any such event. You attend such events at your own risk, and we are not responsible for any loss, injury or damage incurred as a result of your attendance at any such event.
RULES OF CONDUCT
You must comply with all applicable laws in using our Sites, and it is your responsibility to know and understand the law. You may not upload, post, embed, link to, email, transmit or otherwise make available through our Sites any material or content that:
- IS UNLAWFUL OR OBJECTIONABLE: Is unlawful, false, threatening, harmful, intimidating, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, sexually explicit, lewd, filthy, excessively violent, hateful, harassing or racially, ethnically, or otherwise objectionable within our sole discretion;
- ENCOURAGES UNLAWFUL CONDUCT: Encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
- INFRINGES OTHERS’ RIGHTS: Violates or infringes the rights of others, including any copyright, trademark, patent, trade secret, publicity, privacy, moral right or other intellectual property, personal, contractual, or proprietary right;
- IMPERSONATES OTHERS: Impersonates another person or entity, including the site webmaster, forum leader, guide or host, or any other person, or falsely states or otherwise misrepresents your affiliation with another person or entity;
- SOLICITS: Is an advertisement, product or service offering, promotional material, chain letter, junk mail, pyramid scheme, or “spam” or other form of solicitation of any kind, such as links intended to divert traffic to drive unrelated off-site sales;
- DISCLOSES OTHERS’ PERSONAL INFORMATION: Includes personal information of others without consent, such as phone numbers, social security numbers, account numbers, addresses, or employer references;
- DISCLOSES MINORS’ PERSONAL INFORMATION: Discloses any personal information of a child under age 18 or images or video of a child under age 18 without consent of a parent or guardian;
- IS HARMFUL: Contains a formula, instruction, or advice that could cause harm or injury;
- ALLOWS FOR UNLAWFUL COPYING: Is or can be used to copy, change, prepare derivative works of, edit, rewrite, save or alter in any way any content available or displayed on the Sites;
- OBLIGATES US: Would result in our having any obligation or liability to another; or
- YOU HAVE NO RIGHT TO DISCLOSE: You do not have a right to make available under any law or contractual or fiduciary relationship, such as inside information or proprietary and confidential information learned or disclosed as part of an employment relationship or under a nondisclosure or confidentiality agreement.
You may not:
- BREAK THE LAW: Intentionally or unintentionally violate any applicable local, state, national or international law, rule, or regulation;
- SPREAD VIRUSES OR THE LIKE: Intentionally upload, post, link to, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, computer, tablet, phone, or other mobile device, or hardware on telecommunications equipment;
- WRONGFULLY COLLECT PERSONAL DATA: Collect personal data about other users for commercial or unlawful purposes;
- USE AUTOMATION TO DOWNLOAD DATA: Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from our Sites without our express consent;
- DISRUPT THE FLOW: Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of our Sites are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
- INTERFERE WITH OUR SYSTEMS: Interfere with or disrupt our Sites or servers or networks connected to our Sites, or disobey any requirements, procedures, policies or regulations of networks connected to our Sites; or
- DISGUISE CONTENT ORIGIN: Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through our Sites.
OWNERSHIP OF OUR SITES AND CONTENT
Unless otherwise noted, all content included or available on our Sites and the underlying software and technology is subject to intellectual-property rights, including copyrights, trademarks, patents, international treaties, and other proprietary rights, held or licensed by us or our respective licensors, and we reserve all rights in such property. This includes, for example, site design, text, photos, video, audio, music, graphics, the “look and feel,” trade dress, trademarks, and service marks. We prohibit any use of the content on our Sites and the underlying software and technology, including reproduction for purposes other than those expressly allowed in this Policy, modification, distribution, any form of data extraction or data mining, or other commercial exploitation or public purpose of any kind, without our prior written permission or, in the case of third-party property, permission from its respective owner. Except for the limited use rights granted to you below, you will not acquire any right, title or interest in our Sites or any portions of them.
The marks The United Methodist Church™, United Methodist Communications® and the logos incorporating them, and many of the other names, marks, and logos on the Sites are trademarks and service marks of The United Methodist Church, United Methodist Communications, or our licensors. You may not use these marks without permission of the owner. All goodwill generated from use of our marks will inure to our exclusive benefit. Our Sites may use third-party trademarks and logos to identify third parties and resources. Our use of these marks does not imply affiliation with or endorsement of the third party. These marks are the property of their respective owners.
LIMITED USE RIGHTS
Subject to these terms, we grant you a non-exclusive, non-transferable, limited right to access, use and view our Sites and their content solely for your own personal use, provided that you may not, nor may you allow others to, directly or indirectly sell, license, rent, reproduce, modify or attempt to modify, or create derivative works from the site content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the site content for any public or commercial purpose. This includes, for example, use of the site content on any other website or in any environment of networked computers, or transfer of the site content to any other person without our prior written explicit consent. All intellectual-property rights are expressly reserved. You may not systematically retrieve data or other site content from our Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written consent.
LINKING AND FRAMING
We do not allow “framing” of our Sites or linking to our Sites in a way that displays the pages in a frame of the linking site’s template or that otherwise incorporates our content into your site; the linked site should open in a new web browser window. You may use text links to link to the content on our Sites under the following guidelines:
- You must provide factually correct information and uphold high ethical and moral standards in developing and presenting information.
- You may not suggest endorsement by or affiliation with us or endorsement of one product or service over another.
- You may not present false information about us or our products or services.
- You may not use our logos, trademarks or service marks.
- You may not use any content from our Sites without our prior written permission.
- We will have no responsibility for any content on your site, and you agree to indemnify us against all claims arising out of or based on your site.
- We may withdraw permission for any link at any time.
HOW TO REPORT A COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY CLAIM
If you have a claim that your copyrighted work, trademark, or other intellectual property has been infringed or your rights to your intellectual property violated, you may notify our agent using the contact information below:
United Methodist Communications
810 12th Avenue South
Nashville, TN 37203
You must provide us with the following information in order for us to process your claim:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the work claimed to have been infringed, or, if multiple works on the Sites are covered by a single notification, a representative list of such works at the Sites;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- The following statement by you: “I have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
- The following statement by you: “The information in this notification is accurate, and I, as the complaining party, declare under penalty of perjury that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Inquiries that do not follow this procedure may not receive a response. Upon receiving a claim of infringement, we may, in our discretion, remove or disable the material claimed to be infringed. Please note that we are only able to accept notices in the languages into which these terms are made available by us.
PLEASE BE ADVISED THAT IF YOU MATERIALLY MISREPRESENT THAT MATERIAL IS INFRINGING YOUR INTELLECTUAL PROPERTY, YOU MAY BE LIABLE FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES). IF YOU ARE NOT SURE WHETHER THE MATERIAL INFRINGES ON YOUR INTELLECTUAL PROPERTY, YOU SHOULD CONSIDER CONTACTING AN ATTORNEY BEFORE CONTACTING US.
HOW TO RESPOND TO A CLAIMED INFRINGEMENT
If we remove or disable the material claimed to be infringing, we will take reasonable steps to notify the owner of the material of the claim, and the owner will then have the option to send us a counter-notice why the content does not infringe another’s intellectual-property rights and requesting reinstatement of the content. The counter-notice must be in writing and include the following information:
- The owner’s physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- The following statement by the owner: “I declare, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
- The owner’s name, address, and telephone number, and the following statement by the owner: “I consent to the jurisdiction of the Federal District Court for the judicial district in which my address listed in this notice is located, or if my address is outside of the United States, for any judicial district in which United Methodist Communications may be found, and I will accept service of process from the person who provided notification of infringement or an agent of such person.”
If we receive a counter-notice under these provisions, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the original complaining party files an action seeking a court order against the individual or entity who placed the content, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at our discretion.
REPEAT INFRINGER POLICY
We will, in appropriate circumstances, terminate your access to our Sites if you repeatedly violate this policy or infringe the intellectual property rights of others on our Sites. We may also limit your access to our Sites or terminate your account if you infringe any intellectual property rights of others, whether or not repeatedly.
EXTERNAL LINKS AND FEATURES
Our Sites may include links to other websites or allow you to use certain features and plug-ins that integrate external social media sites and other third-party features and tools. These terms do not apply to any external linked sites, and we have no control over and cannot be responsible for the practices or the contents of such external sites or their availability. We do not endorse and are not responsible for any content, advertising, products, or other materials on or available from external sources or your reliance on them. Your use of these external sites and features is at your own risk, and it is your responsibility to protect yourself from viruses and other destructive elements. We encourage you to consult the terms of such sites. If you have a dispute with any other user of our Sites or any third party, you agree that the dispute is between you and the third party and we are under no obligation to become involved, and you release us and our parents, subsidiaries, affiliates, members, officers, directors, employees, agents, representatives, and service providers from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
USE OF THIRD-PARTY TRADEMARKS
Our Sites may use third-party trademarks and logos to identify third parties and resources. Our use of these marks does not imply affiliation with or endorsement of the third party. These marks are the property of their respective owners.
OUR RIGHT TO TERMINATE, LIMIT AND DENY ACCESS
We may, for any or no reason and at our discretion, modify, disable, or discontinue operation of our Sites or your access to our Sites without notice and without liability to you or any other party. Reasons for termination may include provision of false or misleading registration information, interference with other users or the administration of our services, or violation of these terms or any of our other policies or agreements. Upon denial of access, you agree not to attempt to access our Sites. Termination will not limit any of our other rights or remedies. We also may limit your use of the Sites, including, for example, limits on the amount of content you upload or the number of posts you make and your frequency of access.
Our Sites may use software or services provided by third parties. We provide those products and services to you with permission of the suppliers on their terms, and subject to our own terms set forth here. Without limiting these terms, we expressly disclaim any warranty or other assurance to you regarding these third-party products and services.
We will do our best to provide uninterrupted service to our Sites, but we do not guarantee continuous and uninterrupted access to our Sites, and operation of our Sites may be affected by circumstances outside of our control. You are responsible for providing or obtaining Internet access and any hardware or software necessary to connect to the Internet or use our Sites.
Your access to or use of our Sites through a mobile device will require wireless service and may require software. Certain of our Sites and services may offer text-messaging capability. You are responsible for these requirements, all applicable charges and fees incurred from them, and the terms of your agreements with your mobile service and telecommunications providers. Not all of our Sites may work with or be permitted by your device or network provider. We are not responsible for the unavailability or delays in wireless, text-messaging, or telecommunications service, or any loss, damage or security breach or disclosure of your information to third parties from use of such services.
NOT PROFESSIONAL ADVICE
The content on our Sites is provided for informational, educational, and entertainment purposes only and should not be construed as advice. The content is not intended to, and does not, constitute spiritual, legal, medical, financial or professional advice, and may not be used for such purposes.
Our Sites may include recipes. The recipes are provided for informational purposes only and we are not responsible for and cannot guarantee the results of any recipe prepared from our Sites. Results from the recipes may vary. It is your responsibility to review the recipe and determine the appropriateness and value of the ingredients and the instructions based on individual conditions, such as allergies, cooking abilities, geographical location and cooking temperature. We are not responsible for any medical condition, disease, food poisoning, accident or fire that could result from preparation of the recipes or consumption of the ingredients listed in any recipe.
DISCLAIMER OF WARRANTIES YOU UNDERSTAND AND AGREE THAT USE OF OUR SITES IS AT YOUR SOLE RISK, ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. OUR SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF OUR SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE ARE NOT LIABLE FOR ANY INTERRUPTIONS, ERRORS, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS IN THE USE OF OUR SITES. WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO OUR SITES AND THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, FREEDOM FROM DEFECTS, UNINTERRUPTED USE, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE CONTENT OF OUR SITES. WE DO NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE, DEFECTS WILL BE CORRECTED, OR OUR SITES OR THE SERVERS THAT MAKE OUR SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATIONS OF LIABILITY IN NO EVENT WILL WE OR ANY OF OUR PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO ANY USE OF OUR SITES OR THE INFORMATION CONTAINED ON OUR SITES, THE INABILITY TO USE OUR SITES, THE USE OF OR THE INABILITY TO USE OUR SERVICES, OR ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OUR SITES, OR LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE GREATER OF THE TOTAL FEES PAID BY YOU FOR THE SERVICES GIVING RISE TO THE CAUSE OF ACTION OR ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
WAIVER OF CALIFORNIA CIVIL CODE SECTION 1542 AND SIMILAR LAWS BY USING OUR SITES, YOU WAIVE ANY RIGHTS YOU MAY HAVE WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR,” AND ANY SIMILAR LAW OF ANY OTHER JURISDICTION.
You agree to indemnify, defend and hold us and our parents, subsidiaries, affiliates, members, officers, directors, employees, consultants, agents, representatives, and service providers harmless from any claim, demand, liability, loss, damages, or cause of action, including attorneys’ fees and costs, made by any third party due to or arising out of your breach of your obligations or representations in these terms, your use of the Sites, or infringement by you or other user of the Sites using your computer of any intellectual property or any other right of any person or entity. You agree to cooperate as fully as reasonably required in the defense of any claim. We have 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.
These terms are governed by and construed in accordance with the laws of the State of Tennessee, United States of America, without giving effect to the principles of conflicts of laws of such state, and are binding on you in the United States and worldwide. Except as otherwise stated in these terms, we make no representation that our Sites are appropriate, legal or available for use in other locations. Accordingly, if you choose to use our Sites, you agree to do so subject to the internal laws of the State of Tennessee. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these terms. Except for disputes subject to arbitration as stated below, the state and federal courts of Davidson County, Tennessee, shall be the exclusive forum and venue to resolve disputes arising out of or relating to these terms or the use of or visit to our Sites. By using our Sites, and thereby agreeing to these terms, you consent to personal jurisdiction and venue in the state and federal courts in Davidson County, Tennessee, with respect to all such disputes. You acknowledge that your breach or potential breach of any of these terms or infringement or potential infringement of our intellectual property rights may cause us irreparable harm for which recovery of money damages would be inadequate. You agree that we will be entitled, in addition to any other remedies available to us, to seek any relief, equitable or otherwise, to prevent or restrain such breach or potential breach.
ARBITRATION AND CLASS ACTION WAIVER
TO THE FULLEST EXTENT OF THE LAW, AND EXCEPT WITH RESPECT TO SEEKING EQUITABLE REMEDIES, ALL CLAIMS AND DISPUTES ARISING UNDER OR RELATED TO THESE TERMS, INCLUDING THE QUESTION OF ARBITRABILITY, THAT CANNOT BE RESOLVED IN SMALL-CLAIMS COURT MUST BE SUBMITTED TO BINDING ARBITRATION, AND YOU AND WE WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE A COURT OF LAW. You and we must give the other at least 60 days’ notice before initiating arbitration. The dispute will be submitted for binding arbitration to a single arbitrator competent in any issues involved in the dispute. The arbitration will be conducted in accordance with the American Arbitration Association’s International Rules or Complex Commercial Dispute Rules in effect at the time of arbitration, except as they may be modified in these terms or by yours and our mutual consent. Unless otherwise mutually agreed, the seat of the arbitration will be in Nashville, Tennessee, United States of America, and the arbitration will be conducted in the English language. You acknowledge and agree that you will not raise in connection with, and you waive, any defenses based on venue, inconvenience of forum or lack of personal jurisdiction in any action or suit brought in accordance with these terms. You agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. The arbitral award must be confidential, in writing, state the reasons for the award, and be final and binding on the parties. The award may include an award of costs, including reasonable attorneys’ fees and disbursements. You agree the arbitrators have the authority to award any form of individual relief, including, without limitation, temporary and permanent equitable relief, including injunctions, and other relief available under applicable law. Any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets may enter judgment upon the award. You and we will stipulate that these terms and the obligations and relationships resulting from them are commercial and that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards applies to these terms and to any arbitral award or order resulting from any arbitration conducted under these terms. YOU AND WE AGREE THAT WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. This section will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. BY AGREEING TO THESE TERMS, EXCEPT TO THE EXTENT THE LAW REQUIRES OTHERWISE, YOU AGREE THAT ANY CLAIMS OR ACTIONS THAT YOU MAY OTHERWISE HAVE AGAINST US UNDER THE LAWS OF ANY JURISDICTION OUTSIDE THE UNITED STATES ARE WAIVED, INCLUDING ANY CLAIMS OR ACTIONS UNDER THE LAWS OF YOUR OWN COUNTRY, AND THAT YOUR SOLE LOCATION AND APPLICABLE LAW FOR ANY DISPUTE IS IN THE UNITED STATES. DEPENDING ON THE CIRCUMSTANCES, THE PROVISIONS ABOVE MAY NOT APPLY TO UK OR EU-BASED CONSUMERS, WHO MAY HAVE THE RIGHT TO MAKE A CLAIM IN THE COURTS OF THE COUNTRY WHERE THEY RESIDE OR THROUGH THE EUROPEAN ONLINE DISPUTE RESOLUTION PLATFORM HTTP://EC.EUROPA.EU/CONSUMERS/ODR/.
INTERNATIONAL USE AND EXPORT CONTROLS Our Sites are operated from the United States of America. We do not represent that our Sites are appropriate or available for use in all jurisdictions, and not all of our products or services discussed on our Sites are available in all jurisdictions or appropriate or available for use outside the United States. We prohibit accessing content from within jurisdictions where such content is illegal. If you choose to access our Sites from outside the United States, you do so on your own initiative and are solely responsible for complying with applicable local laws, including applicable laws regarding the transmission of data exported from the United States or the country in which you reside. Certain software and services offered on or through our Sites may be subject to United States export controls and economic sanctions laws. In particular, but without limitation, software and software services through our Sites may not be exported to any U.S.-embargoed countries or anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
You are responsible for all taxes, duties, levies, and fees, including any sales, use or withholding taxes, imposed on or in connection with use of our Sites by any taxing authority worldwide.
APPLE-ENABLED SOFTWARE APPLICATIONS
We may offer applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”). The following terms and conditions apply to those applications: This agreement is between you and us only, and not with Apple, and as between Apple and us, we, and not Apple, are solely responsible for the applications and their content. You may not use the applications in any manner that is in violation of or inconsistent with the Usage Rules set forth for such applications in, or otherwise in conflict with, the App Store Terms of Service. Your license to use the applications is limited to a non-transferable license to use the applications on an iOS product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service. Apple has no obligation to provide any maintenance or support services with respect to the applications.
HOW TO CONTACT US
If you have any questions regarding these terms, or to report violations of these terms, please contact us at:
United Methodist Communications
810 12th Avenue South
Nashville, TN 37203
TERMS OF SALE AND DONATION
You must be at least age 18 and have the legal capacity to enter into Transactions in order to do so.
Unless expressly stated otherwise on our Sites, the products we sell are new and compliant with applicable legal standards. Any products sold at discount prices or as substandard will be identified as such on our Sites, and we do not guarantee that they will be in perfect condition or of satisfactory quality for their intended use. We may revise and discontinue products at any time. We will ship products that have the functionality and performance of the products you ordered, but changes between what is shipped and what is described are possible. Product availability is subject to change without notice. We reserve the right to limit quantities. We attempt to be accurate in our descriptions of products. We do not warrant, however, that descriptions of products or other content on our Sites are accurate, complete, reliable, current or free from errors or omissions. Textures, finishes, colors, patterns, sizes, and other visual features of products might display differently on your computer or device monitor than the items appear in hand. Images are shown for representational purposes only. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
Pricing is subject to change without notice. We reserve the right to limit quantities. Prices displayed on our Sites are subject to our final approval at the time of order fulfillment. Any price quotations given by us will be valid for the period stated on the quotation. Your total price or cost incurred for any Transaction will be stated on your purchase receipt. Prices are based on U.S. currency unless otherwise specified. You agree to pay all fees, shipping charges, and taxes, if applicable. Orders are not binding on us until accepted by us, and we reserve the right to decline the acceptance of any order, including, without limitation, in the event the price of the product is a mistake.
We remain the owner of the products and services until your payment in full. Terms of payment are within our sole discretion and, unless we agree otherwise in writing, payment must be received by us prior to our acceptance of an order. Payments must be made by credit card or debit card or other prearranged payment method of the types approved on the particular site. All payments by credit card or debit card or other payment method must be authorized by the relevant card issuer or source. If your bank refuses to permit your purchase, we may attempt to contact you to arrange for alternative payment. In certain cases, you may lose the opportunity to purchase certain products if, for example, there is limited availability. If your payment method is ultimately declined, the order will be cancelled and the contract of sale terminated. We are not liable for the unauthorized or fraudulent use of your credit card or debit card or similar payment source.
Prices advertised do not include taxes, fees, duties, or levies, or shipping and handling, which will be added to the price you pay. Any taxes related to your Transactions are your responsibility (excluding taxes based on our net income), unless you provide us with a valid and correct tax exemption certificate. If an exemption certificate you provide to us is held invalid, you will pay us the amount of the tax and any related penalties and interest. For purchases where sales tax is applicable, if possible, you will see the tax calculated on the checkout page before you are asked to confirm the purchase. We use reasonably commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax it represents to you as the tax owed. In consideration of our allowing you to use and access our Sites and collecting and remitting taxes required on your purchases, you waive your right to claim that the tax collected on any purchase is incorrect in any respect, and you agree to hold us and our officers, directors, affiliates, parents, subsidiaries, employees, agents and representatives harmless for any harm or other damages you may incur as a result of any error by us in calculating the taxes you owe for your purchases.
SHIPPING AND TITLE
Unless otherwise specified, we will arrange shipping of any product ordered to your address. Title to the product passes to you on delivery to the carrier, and risk of loss passes to you on delivery to your address. The costs of shipping and handling will be shown on your purchase receipt. We will inform you of estimated shipment dates. If, for any reason, a product cannot be shipped within a reasonable time, we will notify you of the delayed shipment. If you do not consent to the delayed shipment, we will promptly refund all money paid by you for the unshipped merchandise.
INSPECTION OF PRODUCTS ON RECEIPT
You must examine the products when you receive them. If any item is damaged or missing, you must notify us immediately. We will not consider any claim for damaged or missing items more than thirty (30) days from the date of delivery.
We retain complete control over the use and distribution of donations in furtherance of our mission. All donations are final and non-refundable. A service fee may or may not be applicable to your donation. Any such fee will be shown on your purchase receipt and/or confirmation invoice. All donations are tax-deductible. We are not an accounting, taxation or financial advisor, and you should not rely on information on our Sites to determine the accounting, tax or financial consequences of making a donation. Please consult your accounting, taxation or financial advisor for specific questions about your donation.
We may sell digital content for download, such as, for example music files or podcasts. Unless otherwise specified, the digital content is made available for download in an industry-standard format. You are responsible to have the sufficient Internet connection and system to support your download purchases. In the event the download service is inaccessible upon purchase for reasons within our control we will notify you. We are not responsibility for disruptions to downloads due to events outside our control. We are not responsible for storage of or damage to the downloaded file once downloaded.
No refunds or exchanges are available for event registration fees. Event date and time, location, sponsor, and beneficiaries are subject to change. Event registration is valid only for the event for which a confirmation invoice is issued. If you do not receive a confirmation invoice (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with us whether your registration has been processed. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
RETURN POLICIES AND EXCHANGES
If you purchased a product directly from us, with the exception of event registrations, you may return it to us up to thirty (30) days from the date of the invoice for a complete refund of the purchase price. As specified above, no refunds or exchanges are available for event registration fees. You must contact customer service for the applicable site to obtain a Return Authorization Number. You must ship the product to us in its original packaging, prepay shipping charges and insure the shipment or accept the risk of loss or damage during shipment. Returned products must be in “as-new” condition, and all of the manuals, power cables and other items, if originally included with a product, must be returned with the product. We may refuse any returned product shipped C.O.D., or without a Return Authorization Number visible on the exterior of the carton. From time to time, we may, in our sole discretion, agree to exchange products or portions of a product. Any exchanges will be made in accordance with our exchange policies in effect on the date of the exchange.
NOT FOR RESALE
You agree and represent that, in the event you purchase a product, you are doing so for your own internal use only, and not for resale.
Except as provided below, the Transactions will not confer on you any express or implied license under any of our or our licensors’ proprietary rights, including patents, trademarks, copyrights, or otherwise, and we reserve all such rights on our behalf and on behalf of our licensors. If a Transaction includes the provision of software, you agree that the software may only be used in accordance with the terms and conditions of the software license agreement that accompanies the software.
You will not assign any Transaction or quoted Transaction without our prior written consent.
COMPLIANCE WITH LAWS
You will comply with all applicable laws and regulations, including the import, export and re-export laws and regulations in effect as of the date of shipment of the products of any country involved in the Transactions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.
CAUSES BEYOND OUR CONTROL (FORCE MAJEURE)
We will not be liable to you for any delay or failure in shipment or delivery of our products or services due to any cause beyond our reasonable control, including, without limitation, war, terrorism, breakdown of plant or machinery, fire, flood, strikes or other labor disturbance, accidents, Act of God, governmental order or requirement, interruption, obsolescence or shortage of materials, transportation facilities or energy supply, or events beyond the reasonable control of our suppliers or subcontractors.