Agreement – Terms of Service
Introduction
You may be referred to as
Licensee.
The terms 'You' or 'Licensee' includes you and any
of your owners,
employees, partners, independent contractors, subsidiaries, affiliates,
attorneys, agents, heirs, and assigns.
We may be referred to as Licensor. The terms 'Us,' 'We,' or 'Licensor'
includes
Soul Preaching and our owners, employees, subsidiaries, independent
contractors, agents, attorneys, and assigns.
You must be at least 18
years old to access this website or to purchase
products or services from us.
We do not direct this
website to minors, nor do we knowingly collect
any personal information from children under the age of thirteen.
Disclaimers
ALL CONTENT IS PROVIDED "AS
IS" AND ANY AND ALL
WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
Our cumulative liability to
you or anyone else for any loss
or damages resulting from any claims, demands, or actions arising out
of or
relating to this Agreement or use of the content or website shall notexceed
the amount you have paid to us for the product or service. In no event
shall webe liable for any indirect, incidental, consequential, special, or
exemplary
damages or lost profits, even if we have been advised of thepossibility of
such damages. You agree that the foregoing constitutes your sole and
exclusiveremedy for any breach of this Agreement. SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. There
is no promise or representation that you will make a certain amount of
money,or any money, or not lose money, as a result of using our products and
services. Any
earnings, revenue, or income statements are strictly estimates. There is no guarantee that you will make
these levels for yourself. As
with any business, your results will vary and will be based on your
personal
abilities, experience, knowledge, capabilities, level of desire, and an
infinite number of variables beyond our control, including variables we
or you
have not anticipated. There are no guarantees concerning the level of
success
you may experience. Each person's results will vary.
There are unknown risks in any business, particularly with the Internetwhere
advances and changes can happen quickly.
The use of our information, products and services should be based on
your own
due diligence and you agree that we are not liable for your success orfailure.
Prohibited Uses
You will not assign,
sublicense, transfer, pledge, sell,
lease, rent, lend, or otherwise dispose of the content, or any part of
it, or
share your rights under this Agreement, to others.
You will not give others
access to your username and
password.
You will not violate any laws, third
party rights, or this
Agreement. This includes, but is not
limited to, not posting any material or content that is defamatory,
harassing,belongs to someone else, is obscene or pornographic
You will not provide false
or misleading information to us.
Consent to Use Information
When you communicate with
us, send us information, or provide content
to us or out website, you grant us a non-exclusive, worldwide,
perpetual,
irrevocable, royalty-free, sublicensable right to exercise allcopyright and
publicity rights you have in the content, in any manner whatsoever, inany
media now known or which may be created in the future, including in
other works
and forms not associated with this website.
No Waiver of Rights
Our failure to enforce any
rights granted in this Agreement
or to take action against any other party in the event of any breachshall not
be deemed a waiver by us as to subsequent enforcement of rights or
subsequentactions in the event of future breaches.
Privacy Policy
We respect your interest in
your privacy and as a result we have
created this informational disclosure.
We collect and use personal information for many purposes, including
but not
limited to, billing; product and service fulfillment; to betterunderstand our
customer needs; to provide a better website, products and services; to
communicate with customers and potential customers regarding ourproducts and
services and third party products and services.
Generally, your private information will only be disclosed to our
owners,
employees, independent contractors, subsidiaries, partners, affiliates,
attorneys, consultants, business associates, service providers,
suppliers and
agents, acting on our behalf or request. This general rule, anddisclosures inspecific situations, is more particularly described below. Information
Collected by our
ISP
The hosting provider for
this Internet site (as with any Internet site)
has the ability to record various information, including domain name,
pages
accessed, date and time of access, web browser type and computer
operating
system, and referring information, and to disclose this information.
This is
most commonly done by providing access to raw server logs. For more
information
you should perform an Internet search on 'server logs' or 'raw server
logs.' We
may have access to our raw server logs and access reports prepared by
ourhosting provider.
Financial
Information for
Billing Purposes
We sell products and
services. When sales are made financial
information must be disclosed. This information can include any number
of facts
you are asked to provide, but most commonly includes your name,
financial /
credit card information, billing address, and email address. Generally,
this
purchase information will be provided by you to a third party payment
processor
and we do not receive your financial / credit card information.
In the event we do receive financial / credit card information, we will
not
disclose it to anyone unless disclosure is required by law or a court
order, or
unless disclosure is required to address an issue implicated by thefinancial
transaction. If you claim that your
financial information was used to make a purchase you did not
authorize,
details about the financial transaction may be disclosed to lawenforcement and
anyone else we deem necessary to address the matter.
Use
of eMail Addresses and
other Contact Information
An important part of our
services includes being able to provide
information to you. As a result, you expressly consent to receiving
communications from us via email, fax, telephone, mail, or any other
delivery
method.
As a customer you are agreeing to receive information about the product
or
service you purchased. This may include, but is not limited to,
information
about product or service updates, new features, or information we
believe you
may find interesting.
We may also send you information about other products and services our
companyoffers.
We will not sell, provide, or transfer you email address to others.
We may allow advertising to our customers, or engage in joint ventures,whichresult in your receiving advertisements from selected third parties.
Identification
of Purchasers
If you purchase one of our
products or services, you authorize us to
use your name and identification information in advertising or
promotions.
We also use personal information in an aggregate form (i.e., not
individually
attributable to you) for business analysis, operational, marketing and
other
promotional purposes.
Cookies
Cookies may be used to keep
track of referred affiliate commissions and
to monitor access to our website. Youconsent to any future use of cookies for testing purposes and the use
of
cookies for publicly available data to gather statistics for the
purpose ofdetermining which search engines, referring sites, key words, etc.,
bring
visitors to our website, which pages visitors are most interested in,
what web
browsers are used, etc. Various providers may be used for this purpose.
The
purpose is obtain information that will help promote the website, make
the
website more interesting and useful to visitors, and to identify areas
where
improvement is needed.
Additionally, various third party information suppliers and other
entities that
provide information for this website, or for use by us, may usecookies.
Examples include, but are not necessarily limited to billing providers,
third
party advertisers, and third party resources we promote.
Disclosure
by Necessity
Private information may be
disclosed if required by a court order,
statute, law, or regulation.
Information is subject to disclosure to address a claim that you are
violating
the terms of any agreement pertaining to your use of your use this
website or
our products or services, or rights of any third party.
Information is also subject to disclosure if we believe that disclosure
is
necessary to identify, contact or bring an action against someone who
may be
causing injury to or interfering (either intentionally or
unintentionally) with
our rights or property, your rights or property, other users of our
website,products or services, or anyone else.
As we continue to develop our business, we or our affiliates may sell
or buyother businesses or entities, or we may merge with another company, or
be bought
by another company. In such transactions, personal information may be
one of
the transferred assets.
Your information may be stored and processed in any country in which we
maintain facilities or conduct operations. By using our website,
products and
services, you consent to any such transfer of information outside of
your
country.
After your account becomes inactive your information may remain in ourdatabases, computers, and archives, and cannot reasonably be expunged.
Miscellaneous
This Agreement in all
respects shall be governed by and
construed according to the laws of the State of Tennessee, to the
exclusion of
any other applicable body of governing law, without regard to conflicts
of laws
principles.
This Agreement is entered
into in Nashville, Tennessee. You consent
to the exclusive jurisdiction of Tennessee
for any dispute arising from or related to this Agreement.
You agree that theexclusive venue for any dispute arising from or
related to this Agreement will be a court located in Davidson County,
Tennessee. Should any term of thisAgreement be declared void or
unenforceable, that term shall be severed from the Agreement such
declarationshall have no effect on the enforceability of the remaining terms.
This Agreement contains the
complete and entire understanding andagreement between you and us and supersedes any previous
communications,
representations, or agreements, verbal or written, related to the
subject
matter of this Agreement.
This Agreement may not be
modified or amended orally, impliedly, or in
any manner not set forth in writing or permitted by this Agreement.
This Agreement may be amended by us at any time and without notice, butonly by
amending this Agreement as posted on this website, unless otherwise
agreed to
in a writing signed by both of us.
Any amendments will become effective 30 days after being posted on the
website,
unless circumstances require that a change be immediately implemented.As a
condition for this Agreement you agree to periodically check this
Agreement
posted at this page.
You agree that your
continued use of our product or service after thatdate will constitute your consent and acceptance of the amendment.
POB
17817,
Nashville, Tennessee 37217
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