TERMS
OF SERVICE AGREEMENT
PLEASE
READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING
OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL
TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE
USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE
PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS
AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.
THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 09/05/2019.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Karen Eckstrom DBA Christian VA , also known as Christian VA , located at 24737 Vista Rd, Hutchinson, Minnesota 55350 and our subsidiaries and affiliates, in association with the use of the Christian VA website, which includes https://christianva.com , (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF
WEBSITE SERVICES OFFERED
The Site is a not-for-profit/faith based oriented website which has the following description:
Helping faith based organizations who can’t afford, are in a transitional phase of staff, or in need of technical services with technical office administration by offering WordPress website services, document layout/design, graphics design and data management services in lieu of donations.
Any
and all visitors to our site, despite whether they are registered or not, shall
be deemed as “users” of the herein contained Services provided for
the purpose of this TOS.
Once
an individual register’s for our Services, through the process of creating an
account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the Services provided and made available through this website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Christian VA. At its discretion, Christian VA may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Christian VA does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end-user and/or member, acknowledge, accept and agree that Christian VA shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Christian VA shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalized settings.
REGISTRATION
To
register and become a “member” of the Site, you must be at least 18
years of age to enter into and form a legally binding contract. In addition,
you must be in good standing and not an individual that has been previously
barred from receiving Christian VA ‘s Services
under the laws and statutes of the United States or other applicable
jurisdiction.
When you register, Christian VA may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and, personal interests. You can edit your account information at any time. Once you register with Christian VA and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
- furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
- maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Christian VA will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Christian VA Services, or any portion thereof.
PRIVACY POLICY
Every
member’s registration data and various other personal information are strictly
protected by the Christian VA Online
Privacy Policy (see the full Privacy Policy at
https://christianva.com/privacy-policy/ ). As a member, you herein consent to
the collection and use of the information provided, including the transfer of
information within the United States and/or other countries for storage,
processing or use by Christian VA and/or our
subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole
authorized user of your account. You shall be responsible for maintaining the
secrecy and confidentiality of your password and for all activities that
transpire on or within your account. It is your responsibility for any act or
omission of any user(s) that access your account information that, if
undertaken by you, would be deemed a violation of the TOS. It shall be your
responsibility to notify Christian VA immediately
if you notice any unauthorized access or use of your account or password or any
other breach of security. Christian VA shall not
be held liable for any loss and/or damage arising from any failure to comply
with this term and/or condition of the TOS.
CONDUCT
As a user or member of the Site, you herein
acknowledge, understand and agree that all information, text, software, data,
photographs, music, video, messages, tags or any other content, whether it is
publicly or privately posted and/or transmitted, is the expressed sole
responsibility of the individual from whom the content originated. In short,
this means that you are solely responsible for any and all content posted,
uploaded, emailed, transmitted or otherwise made available by way of the Christian VA Services, and as such, we do not guarantee
the accuracy, integrity or quality of such content. It is expressly understood
that by use of our Services, you may be exposed to content including, but not
limited to, any errors or omissions in any content posted, and/or any loss or
damage of any kind incurred as a result of the use of any content posted,
emailed, transmitted or otherwise made available by Christian
VA .
Furthermore, you herein agree not to make use
of Christian VA ‘s Services for the purpose of:
- uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
- causing harm to minors in any manner
whatsoever;
- impersonating any individual or entity,
including, but not limited to, any Christian VA officials,
forum leaders, guides or hosts or falsely stating or otherwise misrepresenting
any affiliation with an individual or entity;
- forging captions, headings or titles or otherwise
offering any content that you personally have no right to pursuant to any law
nor having any contractual or fiduciary relationship with;
- uploading, posting, emailing, transmitting or
otherwise offering any such content that may infringe upon any patent,
copyright, trademark, or any other proprietary or intellectual rights of any
other party;
- uploading, posting, emailing, transmitting or
otherwise offering any content that you do not personally have any right to
offer pursuant to any law or in accordance with any contractual or fiduciary
relationship;
- uploading, posting, emailing, transmitting,
or otherwise offering any unsolicited or unauthorized advertising, promotional
flyers, “junk mail,” “spam,” or any other form of
solicitation, except in any such areas that may have been designated for such
purpose;
- uploading, posting, emailing, transmitting,
or otherwise offering any source that may contain a software virus or other
computer code, any files and/or programs which have been designed to interfere,
destroy and/or limit the operation of any computer software, hardware, or
telecommunication equipment;
- disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real-time interactions;
- interfering with or disrupting any Christian VA Services, servers and/or networks that may
be connected or related to our website, including, but not limited to, the use
of any device software and/or routine to bypass the robot exclusion headers;
- intentionally or unintentionally violating
any local, state, federal, national or international law, including, but not
limited to, rules, guidelines, and/or regulations decreed by the U.S.
Securities and Exchange Commission, in addition to any rules of any nation or
other securities exchange, that would include without limitation, the New York
Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations
having the force of law;
- providing informational support or resources,
concealing and/or disguising the character, location, and or source to any
organization delegated by the United States government as a “foreign
terrorist organization” in accordance to Section 219 of the Immigration
Nationality Act;
- “stalking” or with the intent to
otherwise harass another individual; and/or
- collecting or storing of any personal data
relating to any other member or user in connection with the prohibited conduct
and/or activities which have been set forth in the aforementioned paragraphs.
Christian
VA herein reserves the right to pre-screen,
refuse and/or delete any content currently available through our Services. In
addition, we reserve the right to remove and/or delete any such content that
would violate the TOS or
which would otherwise be considered offensive to other visitors, users and/or
members.
Christian
VA herein reserves the right to access, preserve
and/or disclose member account information and/or content if it is requested to
do so by law or in good faith belief that any such action is deemed reasonably
necessary for:
- compliance with any legal process;
- responding to any claim that therein contained content is
in violation of the rights of any third party;
- responding to requests for customer service; or
- protecting the rights, property or the personal safety of Christian VA, its visitors, users and members, including the general public.
Christian
VA herein reserves the right to include the use
of security components that may permit digital information or material to be
protected, and that such use of information and/or material is subject to usage
guidelines and regulations established by Christian VA or
any other content providers supplying content services to Christian VA . You are hereby prohibited from making any
attempt to override or circumvent any of the embedded usage rules in our
Services. Furthermore, unauthorized reproduction, publication, distribution, or
exhibition of any information or materials supplied by our Services, despite
whether done so in whole or in part, is expressly prohibited.
CAUTIONS
FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network, you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
- are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
- agree not to transfer any software,
technology or any other technical data through the use of our network Services
to any export-prohibited country;
- agree not to use our website network Services
for any military, nuclear, missile, chemical or biological weaponry end uses
that would be a violation of the U.S. export laws; and
- agree not to post, transfer nor upload any
software, technology or any other technical data which would be in violation of
the U.S. or other applicable export and/or import laws.
CONTENT
PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Christian
VA shall not lay claim to ownership of any
content submitted by any visitor, member, or user, nor make such content available for inclusion on our website
Services. Therefore, you hereby grant and allow for Christian
VA the below listed worldwide, royalty-free and non-exclusive licenses,
as applicable:
- The content submitted or made available for inclusion on the publicly accessible areas of Christian VA ‘s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Christian VA ‘s sites, and shall terminate at such time when you elect to discontinue your membership.
- Photos, audio, video and/or graphics
submitted or made available for inclusion on the publicly accessible areas of Christian VA ‘s sites, the license provided to permit to
use, distribute, reproduce, modify, adapt, publicly perform and/or publicly
display said Content on our network Services are for the sole purpose of
providing and promoting the specific area in which this content was placed
and/or made available for viewing. This license shall be available so long as
you are a member of Christian VA ‘s sites and
shall terminate at such time when you elect to discontinue your membership.
- For any other content submitted or made
available for inclusion on the publicly accessible areas of Christian VA ‘s sites, the continuous, binding and
completely sub-licensable license which is meant to permit to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and/or publicly
display said content, whether in whole or in part, and the incorporation of any
such Content into other works in any arrangement or medium current used or
later developed.
Those areas which may be deemed
“publicly accessible” areas of Christian VA ‘s
sites are those such areas of our network properties which are meant to be
available to the general public, and which would include message boards and
groups that are openly available to both users and members.
CONTRIBUTIONS TO COMPANY WEBSITE
Christian
VA provides an area for our users and members to
contribute feedback to our website. When you submit ideas, documents,
suggestions and/or proposals (“Contributions”) to our site, you
acknowledge and agree that:
- your contributions do not contain any type of confidential or proprietary information;
- Christian
VA shall not be liable or under any obligation
to ensure or maintain confidentiality, expressed or implied, related to any
Contributions;
- Christian
VA shall be entitled to make use of and/or
disclose any such Contributions in any such manner as they may see fit;
- the contributor’s Contributions shall automatically become the sole property of Christian VA; and
- Christian
VA is under no obligation to either compensate
or provide any form of reimbursement in any manner or nature.
INDEMNITY
All users and/or members herein agree to insure and hold Christian VA, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Christian VA Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Christian VA’s sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Christian VA may set up any such practices and/or limits
regarding the use of our Services, without limitation of the maximum number of
days that any email, message posting or any other uploaded content shall be
retained by Christian VA , nor the maximum number
of email messages that may be sent and/or received by any member, the maximum
volume or size of any email message that may be sent from or may be received by
an account on our Service, the maximum disk space allowable that shall be
allocated on Christian VA ‘s servers on the
member’s behalf, and/or the maximum number of times and/or duration that any
member may access our Services in a given period of time. In addition, you also agree that Christian VA has absolutely no responsibility or
liability for the removal or failure to maintain storage of any messages and/or
other communications or content maintained or transmitted by our Services. You
also herein acknowledge that we reserve the right to delete or remove any
account that is no longer active for an extended period of time. Furthermore, Christian VA shall reserve the right to modify, alter
and/or update these general practices and limits at our discretion.
MODIFICATIONS
Christian
VA shall reserve the right at any time it may
deem fit, to modify, alter and or discontinue, whether temporarily or
permanently, our service, or any part thereof, with or without prior notice. In
addition, we shall not be held liable to you or to any third party for any such
alteration, modification, suspension and/or discontinuance of our Services, or any
part thereof.
TERMINATION
As a member of https://christianva.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to [email protected]
As a member, you agree that Christian VA may, without any prior written notice,
immediately suspend, terminate, discontinue and/or limit your account, any
email associated with your account, and access to any of our Services. The
cause for such termination, discontinuance, suspension and/or limitation of
access shall include, but is not limited to:
- any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
- by way of requests from law enforcement or any other
governmental agencies;
- the discontinuance, alteration and/or material
modification to our Services, or any part thereof;
- unexpected technical or security issues and/or problems;
- any extended periods of inactivity;
- any engagement by you in any fraudulent or
illegal activities; and/or
- the nonpayment of any associated fees that
may be owed by you in connection with your https://christianva.com account
Services.
Furthermore, you herein agree that any and
all terminations, suspensions, discontinuances, and or limitations of access
for cause shall be made at our sole discretion and that we shall not be liable
to you or any other third party with regards to the termination of your
account, associated email address and/or access to any of our Services.
The termination of your account with https://christianva.com
shall include any and/or all of the following:
- the removal of any access to all or part of the Services offered within https://christianva.com;
- the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
- the barring of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings with,
or the participation in any promotions of, advertisers located on or through
our Services, which may include the payment and/or delivery of such related
goods and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely between
you and any such advertiser. Moreover, you herein agree that Christian VA shall not be held responsible or liable for
any loss or damage of any nature or manner incurred as a direct result of any
such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either Christian VA or
any third parties may provide links to other websites and/or resources. Thus,
you acknowledge and agree that we are not responsible for the availability of
any such external sites or resources, and as such, we do not endorse nor are we
responsible or liable for any content, products, advertising or any other
materials, on or available from such third party sites or resources.
Furthermore, you acknowledge and agree that Christian VA shall
not be responsible or liable, directly or indirectly, for any such damage or
loss which may be a result of, caused or allegedly to be caused by or in
connection with the use of or the reliance on any such content, goods or
Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Christian VA ‘s Services and any essential software that
may be used in connection with our Services (“Software”) shall
contain proprietary and confidential material that is protected by applicable
intellectual property rights and other laws. Furthermore, you herein
acknowledge and agree that any Content which may be contained in any
advertisements or information presented by and through our Services or by
advertisers is protected by copyrights, trademarks, patents or other
proprietary rights and laws. Therefore, except for that which is expressly
permitted by applicable law or as authorized by Christian
VA or such applicable licensor, you agree not to alter, modify, lease,
rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or
created any plagiaristic works which are based on Christian
VA Services (e.g. Content or Software), in whole or part.
Christian
VA herein has granted you personal,
non-transferable and non-exclusive rights and/or license to make use of the
object code or our Software on a single computer, as long as you do not, and
shall not, allow any third party to duplicate, alter, modify, create or
plagiarize work from, reverse engineer, reverse assemble or otherwise make an
attempt to locate or discern any source code, sell, assign, sublicense, grant a
security interest in and/or otherwise transfer any such right in the Software.
Furthermore, you do herein agree not to alter or change the Software in any
manner, nature or form, and as such, not to use any modified versions of the
Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or
attempt to access our Services through any means other than through the
interface which is provided by Christian VA for
use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE
THAT:
- THE USE OF CHRISTIAN VA
SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND
SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS
AVAILABLE” BASIS. CHRISTIAN VA AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- CHRISTIAN
VA AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) CHRISTIAN VA SERVICES OR SOFTWARE WILL MEET YOUR
REQUIREMENTS; (ii) CHRISTIAN VA SERVICES OR
SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH
RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE CHRISTIAN
VA SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF
ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE
PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR
EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE
CORRECTED.
- ANY INFORMATION OR MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED BY WAY OF CHRISTIAN VA SERVICES
OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS
SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS
AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR
INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT
COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
- NO ADVICE AND/OR INFORMATION, DESPITE WHETHER
WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM CHRISTIAN
VA OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF SOME USERS MAY
EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT
PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN
CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF
ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR
FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU
EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND
AGREE THAT CHRISTIAN VA AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE
LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED
TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES,
EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY
OCCUR, AND RESULT FROM:
- THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PROCURING SUBSTITUTE GOODS AND
SERVICES;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF
YOUR TRANSMISSIONS AND/OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY
ON OUR SERVICE;
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO
OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to
release Christian VA (and its officers, directors,
employees, agents, parent subsidiaries, affiliates, co-branders, partners and
any other third parties) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected or
unsuspected, disclosed and undisclosed, arising out of or in any way connected
to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any
service, receive or request any such news, messages, alerts or other information
from our Services concerning companies, stock quotes, investments or
securities, please review the above Sections Warranty Disclaimers and
Limitations of Liability again. In addition, for this particular type of
information, the phrase “Let the investor beware” is appropriate. Christian VA ‘s content is provided primarily for
informational purposes, and no content that shall be provided or included in
our Services is intended for trading or investing purposes. Christian VA and our licensors shall not be responsible
or liable for the accuracy, usefulness or availability of any information
transmitted and/or made available by way of our Services, and shall not be
responsible or liable for any trading and/or investment decisions based on any
such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY
NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree,
unless otherwise expressly provided in this TOS, that there shall be no
third-party beneficiaries to this agreement.
NOTICE
Christian
VA may furnish you with notices, including those
with regards to any changes to the TOS, including but not limited to email,
regular mail, MMS or SMS, text messaging, postings on our website Services, or
other reasonable means currently known or any which may be herein after
developed. Any such notices may not be received if you violate any aspects of
the TOS by accessing our Services in an unauthorized manner. Your acceptance of
this TOS constitutes your agreement that you are deemed to have received any
and all notices that would have been delivered had you accessed our Services in
an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree
that all of the Christian VA trademarks,
copyright, trade name, service marks, and other Christian
VA logos and any brand features, and/or product and service names are
trademarks and as such, are and shall remain the property of Christian VA . You herein agree not to display and/or
use in any manner the Christian VA logo or marks
without obtaining Christian VA ‘s prior written
consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Christian
VA will always respect the intellectual property
of others, and we ask that all of our users do the same. With regards to
appropriate circumstances and at its sole discretion, Christian
VA may disable and/or terminate the accounts of any user who violates
our TOS and/or infringes the rights of others. If you feel that your work has
been duplicated in such a way that would constitute copyright infringement, or
if you believe your intellectual property rights have been otherwise violated,
you should provide to us the following information:
- The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- A description of the location of the site which you allege has been infringing upon your work;
- Your physical address, telephone number, and email address;
- A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
- And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Christian VA Agent
for notice of claims of copyright or other intellectual property infringement
can be contacted as follows:
Mailing Address:
Christian VA
Attn: Copyright Agent
24737 Vista Rd
Hutchinson, Minnesota 55350
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement
between you and Christian VA and shall govern the
use of our Services, superseding any prior version of this TOS between you and
us with respect to Christian VA Services. You may
also be subject to additional terms and conditions that may apply when you use
or purchase certain other Christian VA Services,
affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND
FORUM
It is at the mutual agreement of both you and Christian VA with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Minnesota without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Christian VA, shall be filed within the courts having jurisdiction within the County of McLeod, Minnesota or the U.S. District Court located in said state. You and Christian VA agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND
SEVERABILITY OF TERMS
At any time, should Christian
VA fail to exercise or enforce any right or provision of the TOS, such
failure shall not constitute a waiver of such right or provision. If any
provision of this TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties’ intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect.
NO RIGHT OF
SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that
your account is non-transferable and any rights to your ID and/or contents
within your account shall terminate upon your death. Upon receipt of a copy of
a death certificate, your account may be terminated and all contents therein
permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 30 Days after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this
TOS to Christian VA as follows:
Mailing Address:
Karen Eckstrom DBA Christian VA
24737 Vista Rd
Hutchinson, Minnesota 55350