Email: melreed@onegodbookstore.com
Created July 7, 2008
Introduction
This website, and our other websites, including but not limited to www.thelegacyofjesus.org, www.onegodbookstore.com and www.thelegacyofjesus.org , ("sites"), which may be encountered via the Internet, are operated by The Legacy of Jesus, Inc, ("We", we, or "us"). We provide all our sites to you subject to the following Terms of Use (the "Terms"). By using our sites, you agree to be bound by the Terms. The Legacy of Jesus may, in its sole discretion, modify the Terms without notice to you. However, modifications will be updated as necessary on our sites. Therefore, please continue to review the Terms when using our site. By continuing to access and use our site after the Terms have been modified, you are agreeing to such modifications. In addition, when using particular services or features, or when ordering products on our site, you shall be subject to any posted guidelines or rules applicable to such services, features, products or orders that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.
Description of Service
Our site allows users to research, review, purchase, and/or order various entertainment, educational and other products featured on our site (collectively, "products"), including, but not limited to, books, magazines, gifts, stationary, and other paper goods, movies, audio CDs, and audio books. Our site also allow users to upload and download content (including reviews and other user generated content), and access various third-party websites offering a wide variety of products and services. The services, features and products that we offer to users on our site may be referred to herein collectively as the "offerings". Unless explicitly stated otherwise, any new features or offerings on our site in the future that are added to or that augment or enhance the offerings shall be considered part of the Services and subject to the Terms.
Purchasing Products
Purchases made on our sites (except a purchase of a gift card), are transacted by Pay Pal, Inc, and ownership of the merchandise purchased transfers to you immediately upon shipment. If you make a purchase from any third-party advertising on or linked to from other sites, (ours or anyone else's), you are not purchasing a product or service from us. You agree that neither we nor our affiliated companies shall be responsible for or liable for any loss or damage of any sort incurred as the result of any purchases made from any third-parties advertised on or linked to from the our site. In addition, purchases and downloads of any product or service, including audio books, digital music, and the like, from the affiliate sites and our site, is non-refundable and may not be returned. All sales of downloadable material are final.
Any and All Merchandise and Gift Certificates Offered on Our site
Purchases from our site are transacted through Pay Pal and ownership transfers to you immediately upon shipment. Specific additional terms entitled "Merchandise Website Terms of Use" apply to the purchase and provision of products and are incorporated herein. These Merchandise Website Terms of Use can be found below and are to be read in conjunction with, and do not supersede, these Terms Of Use. To the extent there is a conflict, these Terms Of Use apply.
Registration
You may be required to register for an account on our site in order to take advantage of certain features of our site, such as purchasing products, using an online shopping cart, or using our Customer Site Ratings ("CSR") pages. If you choose to register on our site, or if you otherwise provide information on our site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our site, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide information to us that is false, inaccurate, outdated or incomplete, or we have reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, we have the right to suspend or terminate your account and to prohibit any and all current or future use of the Services (or any portion thereof) by you.
Privacy
Any registration or other information you provide to us is subject to our Privacy Policy. For more information, see our Privacy Policy . Our Privacy Policy is hereby incorporated into the Terms by this reference.
Member Account and Password
If you choose to register for an account with us or to become a member of our Rewards and Perks, you must create a username and password while completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Legacy of Jesus (and its affiliated companies) cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Materials on the Site, Proprietary Use
You acknowledge that all materials on our site, including, but not limited to, design, graphics, text, pictures, software and other files and the selection and arrangement thereof (the "Materials"), are subject to and protected under copyright, trademark and/or other intellectual property laws and rights. All copyrighted and copyrightable Materials are owned by The Legacy of Jesus and/or our suppliers or licensors, all rights reserved. We authorize you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials.
Except as stated herein, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, frame, or otherwise use any of the Materials in any form or by any means, without our prior written permission or the respective intellectual property owner. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. You may not interfere or attempt to interfere with the proper working of our site, and you may not use any robot, spider, data miner, scraper, or other automated means to access our site for any purpose.
The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on our site are the sole property of The Legacy of Jesus and/or its suppliers and licensors and may not be copied, imitated, framed, or otherwise used, in whole or in part, without our prior written permission or our suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of The Legacy of Jesus and may not be copied, imitated or otherwise used, in whole or in part, without our prior written permission. We will enforce our intellectual property rights to the fullest extent of the law.
Submissions
Since we provide users with venues to submit opinions, reviews, ratings, information, ideas, suggestions, concepts, videos, audio content, or other material (collectively, "Submissions") on our site (collectively, "Venues", and including, but not limited to, blogs, discussion forums, CSR pages, bulletin boards, chat rooms, surveys or invitations to e-mail us with questions or comments), you agree and warrant that any such Submissions are original with you and are accurate and current. You agree and warrant that you will not submit any Submission that is unlawful, harmful, harassing, threatening, abusive, hateful, libelous, defamatory, obscene, pornographic, profane, vulgar, indecent, sexually explicit or otherwise objectionable, or that would constitute a criminal offense, give rise to civil liability, violate any third party's rights of privacy or publicity or otherwise violate any applicable law or right. You agree and warrant that you will not submit any Submission that is protected by copyright, patent, or other proprietary rights without obtaining permission of the owner of such rights. You agree and warrant that the Venues will not be used by you for any commercial purposes. You agree and warrant that you will not submit any Submission to solicit funds or to promote, advertise, or solicit the sale of any goods or services. You further agree that all "moral rights" that you may have in any submitted content have been voluntarily waived by you.
You agree that any Submissions submitted by you to our site through the Venues or otherwise will be deemed non-proprietary and non-confidential, and may be used by The Legacy of Jesus without restriction. Without limiting the foregoing, by offering any Submissions through our site, you grant to us the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to reproduce, modify, edit, publish, display, perform, adapt, distribute, sublicense and otherwise use and exploit such Submissions (and any and all proprietary rights therein that you may have) in any and all forms and media, now or hereafter discovered, without compensation or attribution to you.
The Legacy of Jesus reserves the right, in its sole discretion, to edit any Submission, and to choose to include or not include such Submission in any Venue for any reason. We are not responsible for screening, monitoring or verifying any Submissions (subject to the "Copyrights and Copyright Agent" paragraph below). Any opinions, statements or other material expressed or posted by third parties are those of such third parties and not of ours. We do not endorse, and shall not be responsible or liable for, any such opinion, statement or other material posted on or accessible through our site.
In addition to the foregoing, we offer a CSR service. Specific additional terms entitled "Customer Survey Ratings Terms of Use" apply to this CSR service and are incorporated herein. These Customer Service Ratings Terms of Use can be found below and are to be read in conjunction with, and do not supersede, these Terms Of Use. To the extent there is a conflict, these Terms Of Use apply.
Links and Third Party Content
Links on our site to third-party websites are provided to enhance your experience and to provide you with the opportunity to utilize value-added entertainment and educational content. If you use these links, you will leave our site. Any information you provide to these third-party websites while on these third-party websites is subject to the respective third-party's privacy policy, and not our Privacy Policy. We do not control any such third-party websites. You agree that neither we nor any of our parent or subsidiary companies will be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. The Legacy of Jesus does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third-party sites. You will use these links at your own risk.
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third-parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that neither The Legacy of Jesus nor its affiliated companies shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-parties on our site.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF OUR SITE AND/OR SERVICES IS AT YOUR SOLE RISK. OUR SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS RELATING TO The Legacy of Jesus ORDERS AND SUBSIDIARY COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE "The Legacy of Jesus PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, The Legacy of Jesus MAKES NO WARRANTY THAT (i) OUR SITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE AND/OR SERVICES IS DONE 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 ANY SUCH MATERIAL.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR LINKED SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT The Legacy of Jesus PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR SITE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE OR IN CONNECTION WITH THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO OUR SITE OR SERVICES.
If you are dissatisfied with any of our material, or with any of of our terms and conditions, your sole and exclusive remedy is to discontinue using any of our site and Services.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold The Legacy of Jesus and its parent and subsidiary companies harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of the Terms or your violation of any law or the rights of a third party.
Intended Audience
Unless otherwise specified, the Materials are presented solely for the purpose of promoting products available in the United States and its territories and possessions. The Legacy of Jesus controls and operates our site from its offices located in the State of North Carolina in the United States of America. We make no representation that Materials contained on our site are appropriate or available for use in other locations. Those who choose to access our site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
While it is the policy of The Legacy of Jesus to never include any material that would be inappropriate for users or visitors under the age of 18, we recommend the supervision of a parent or guardian 18 years of age or older. We rely upon parents or guardians 18 years of age or older to determine if our site and/or Services are appropriate for the viewing, access, or purchase by such individuals under the age of 18.
Copyrights and Copyright Agent
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied on our site and/or Services in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
c/o The Legacy of Jesus
8914 Legacy Park Dr
ATTN: Legal Department
Charlotte NC 28269
By phone : 704.965.8510
By email : admin@thelegacyofjesus.org
Termination
The Legacy of Jesus reserves the right, without notice and at its sole discretion, to suspend or terminate the Terms and/or your ability to access or use our site and/or Services, and to block or prevent future access to and use of our site and/or Services for any reason, including your breach of the Terms or other conduct by you that One Good bookstore considers inappropriate. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site and/or Services (or any part thereof) with or without notice. You agree that neither The Legacy of Jesus nor any of its parent or subsidiary companies shall be liable to you or to any third party for any modification, suspension or discontinuance of our site and/or Services.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers or third-parties found on or through the use of our site and/or Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or third-parties. You agree that neither The Legacy of Jesus nor its parent or subsidiary companies shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third-parties on the Services.
Governing Law
The Terms shall be exclusively governed by and construed in accordance with the laws of the State of North Carolina within the United States of America without giving effect to any principles of conflicts of law. If any provision of the Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. We make no representation that the Terms comply with the laws of any other country. Visitors who use our site and/or Services and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. By virtue of your use of the Site(s), you agree not to transfer, by electronic transmission or otherwise, any Materials derived from our site and/or Services in violation of any laws.
Notices
By use of our site and/or Services, you consent to receive electronic communications from us (via email or via a posting on our site), and you agree that any such communications satisfy any legal requirement to make such communications in writing.
Contacting Us
If you have any comments or questions regarding these Terms of Use, or wish to report any violation of these Terms of Use, please contact us at admin@thelegacyofjesus.org. We will address any issue to the best of our abilities as soon as possible.
Customer Ratings and Reviews Terms Of Use
These Terms of Use are in addition to the The Legacy of Jesus Websites Terms of Use and govern your conduct associated with the Customer Ratings and Review service offered by us, in conjunction with our "CSR Service". By submitting any content to us, you represent and warrant that:
1. You are the sole author and owner of the intellectual property rights thereto;
2. All "moral rights" that you may have in such content have been voluntarily waived by you;
3. All content that you post is accurate;
4. You are at least 18 years old; and that
5. Use of the content you supply does not violate these Terms of Use or our Websites and Terms of Use and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content:
A. That is known by you to be false, inaccurate or misleading;
B. That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
C. That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
D. That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
E. For which you were compensated or granted any consideration by any third party;
F. That includes any information that references other web sites, addresses, email addresses, contact information or phone numbers; or
G. That contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold all owners and employees associated with The Legacy of Jesus, subsidiaries, joint ventures and third-party service providers harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant us a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at our sole discretion. We reserve the right to change, condense or delete any content on our site that we deem, in our sole discretion, to violate the content guidelines or any other provision of these Terms of Use. The Legacy of Jesus does not guarantee that you will have any recourse through us to edit or delete any content you have submitted. Ratings and written comments are generally posted within 72 hours. However, we reserve the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not us, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of our owners, officers, employees, agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By creating an account, you agree that The Legacy of Jesus and its third party service providers may use your e-mail address to contact you about the status of your review and for other administrative purposes.
Gift Certificate and Greeting Card Website Terms of Use
1. Acceptance of Terms.
Welcome to the gift certificate and greeting card customization pages of our Site. The Legacy of Jesus, Inc. (or "Merchant") is pleased to offer these services to you through our service providers and subject to the following Terms of Use ("Terms"). By accessing and using this Site you are agreeing to comply with and be bound by the Terms. If you do not wish to agree to the Terms, do not access or use any part of this Site. In addition, when using particular services in connection with this Site, you are subject to any posted guidelines or rules applicable to such services, including without limitation any terms and conditions of any gift cards and the Terms of Use of our website(s). All such guidelines and rules applicable to such services are hereby incorporated by reference into the Terms. The Legacy of Jesus may refuse to offer any or all of the services to anyone at any time, in its sole discretion. This Site is intended for use by individuals who are at least 13 years of age.
2. Products and Services
Through this Site you may select and customize (with text, pictures or graphics) various products, including but not limited to greeting cards and gift cards (some of which may be customized) (collectively, "Products"). When you have completed and paid for your order, the independent supplier(s) will produce the Products you have selected and send them to the recipients specified by you. The pricing for the Products, which is stated in U.S. dollars, is set forth on the Site, and incorporated into these Terms by reference. Please note that prices and fees may change from time to time; the price charged to you will be the price set forth on the Site at the time you place your order.
3. Use of Site.
3.1 Proprietary Rights.
The Site contains or may contain information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, pending patents, trade dress or other intellectual or proprietary rights owned by us or other third parties (the "Content"). You acknowledge and agree that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed.
3.2 No Framing.
You agree not to "frame" or "mirror" any Content or third-party content contained on or accessible from this Site on any other server or Internet-based device without our advance written authorization and the respective owner of such Content.
3.3 Online Conduct.
Your use of this Site is subject to applicable local, state, federal and International law. The Legacy of Jesus and its suppliers make no representation that the Contents are appropriate or will be available for use in any locations. If you use a Site from outside of the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content and the third party content. Your use of this Site in violation of this Section 3.3 governing Online Conduct could subject you to criminal prosecution and/or personal liability for damages. You agree not to use this Site or any of the Content for any illegal or harmful purpose. By way of example only, and not as a limitation, you specifically agree not to:
a. upload, post, e-mail, or otherwise transmit any material that is unlawful, indecent, pornographic, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including falsely stating or otherwise misrepresenting your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through this Site;
e. upload, post, e-mail or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other proprietary rights of any party;
g. upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h. interfere with or disrupt this Site or servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site;
i. intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ.
3.4 Use of Content.
Our suppliers may at their discretion, grant you permission to access and view this Site and to electronically design Products for the sole purpose of submitting an order. Any other use of this Site or the Content, in whole or in part, without permission of the applicable rights holder is strictly prohibited, including without limitation: modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other similar unauthorized exploitation of this Site or the Content. Without limiting the foregoing, unauthorized use of the Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit.
4. Third Party Links, Products and Services.
Products and services may be made available to you through the use of third-party web sites ("Third-Party Portals"). If you accessed this Site through a link from a Third-Party Portal or if this Site provides links to any third-party sites, you agree that The Legacy of Jesus and its suppliers have no control over the content on such sites AND YOU AGREE THAT we and our suppliers ARE NOT LIABLE FOR THE PRODUCTS AND/OR SERVICES OFFERED ON SUCH THIRD-PARTY SITES. The Legacy of Jesus AND ITS PRODUCT SUPPLIERS ARE NOT RESPONSIBLE FOR AND DO NOT OFFER ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, RELIABILITY OR ANY OTHER ASPECTS OF PRODUCTS OR SERVICES FROM THIRD PARTIES. YOU RELEASE THE LEGACY OF JESUS AND ITS CONTRACTED SUPPLIERS FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST TEH LEGACY OF JESUS OR ITS PRODUCT SUPPLIERS ARISING FROM YOUR USE OF PRODUCTS OR SERVICES FROM THIRD PARTIES.
5. Scanned Data.
5.1 Copyright Policy, Representation and Indemnity.
You are wholly responsible for any data you transmit to this Site ("Scanned Data"), whether such data consists of pictures, art work, text, or other data types, such as audio, video, or multimedia. It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner or to use trademarks without the permission of the trademark owner. You are responsible for assuring that no Scanned Data you transmit to this Site violates any copyright or trademark right, and that it complies with Section 5.2 of these Terms. We further expressly recommend that you do not use "Scanned Data".
5.2 Respect for Reputation.
In addition, in the event you violate these Terms and you intentionally publicize such violation, you acknowledge that our product supplier and its affiliated companies will suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage.
5.3 Indemnification
You agree to indemnify The Legacy of Jesus and its product suppliers and hold them and their licensees, service providers, suppliers and fulfillers, owners and operators of Third-Party Portals, harmless from and against any and all losses, damages, costs or expenses, including reasonable attorneys' fees, arising out of (a) any claim by a third party that the Scanned Data (or the use thereof) constitutes an infringement or other violation of such third party's trademark, copyright, intellectual property rights or other rights; or (b) your use of any Inappropriate Content; or (c) any violation of law by you; or (d) any acts prohibited under Section 5.3. Your obligation to indemnify and hold The Legacy of Jesus and its product suppliers harmless shall survive any expiration and termination of these Terms.
6. Limitation and Disclaimer of Warranties; Limitation of Liability.
You agree that in the event of any damage to or loss of any Product by The Legacy of Jesus or its product suppliers (or by their licensees, suppliers, fulfillers, owners and operators of Third-Party Portals), even through negligence or other fault, the sole obligation of The Legacy of Jesus or its product suppliers (and the sole obligation of their licensees, suppliers, fulfillers, owners, and operators of Third-Party Portals), and your sole remedy, is at our option, to replace the lost or damaged Product(s) or provide you with a refund or credit, for the cost of the purchase price for lost or damaged Product(s). You must submit a claim within thirty (30) days of the damage or loss.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY AND NON-INFRINGEMENT) ARE EXPRESSLY DISCLAIMED. ALL SITES, CONTENT, AND THE PRODUCTS AND SERVICES AVAILABLE THROUGH OUR SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER THE LEGECY OF JESUS OR ITS PRODUCT SUPPLIERS NOR ANY OF THEIR LICENSEES, SERVICE PROVIDERS, SUPPLIERS, FULFILLERS, OWNERS AND OPERATORS OF THIRD-PARTY PORTALS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THIS SITE. THE FOREGOING DISCLAIMER INCLUDES, WITHOUT LIMITATION, A DISCLAIMER OF ANY WARRANTY OR REPRESENTATION THAT THIS SITE WILL BE UNINTERRUPTED, RELIABLE, SECURE OR ERROR FREE, OR THAT THIS SITE OR RELATED SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THIS SITE WILL OTHERWISE MEET YOUR EXPECTATIONS.
Under no circumstances shall The Legacy of Jesus or its product suppliers (their licensees, service providers, suppliers, fulfillers, owners and operators of Third-Party Portals) be liable for damages of any kind, under any legal theory arising out of or in connection with your use of, inability to use, the Site, any Content, or any products or services offered through the Site, including any direct, indirect, incidental, special or consequential damages (including but not limited to damages for loss of profits, use, data or other intangibles) even if The Legacy of Jesus and its product suppliers, or their licensees, service providers suppliers, fulfillers, owners and operators of Third-Party Portals, have been advised of the possibility of such damages. Without limiting the foregoing, this disclaimer of liability applies to any loss or damage arising out of the customization, processing, storage or fulfillment of any material, Product, or Scanned Data, the inability to use the Site, any changes to the Site (or its products and/or services), or the unauthorized access to or alteration of your transmissions or data. Some jurisdictions do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the foregoing limitations may not apply to you.
7. Termination of Right to Use a Site.
We and our product suppliers reserve the right to terminate your right to use this Site if you violate any of these Terms. Upon termination of your right to use our site, we will remove your account privileges. We and our product suppliers will have no obligation to return to you your Scanned Data. The disclaimers and limitations of liabilities set forth in these Terms shall survive any such termination. Your sole recourse and remedy if we or our product suppliers terminate your right to use this Site, is to receive a refund for any products paid for but not processed or fulfilled by us or our product suppliers, if any.
8. Privacy and Security.
We will protect and use information provided by you as set forth in the our Privacy Policy posted on this Site. You agree not to violate or attempt to violate the security of this Site, including without limitation,
a. accessing data that is not intended for your use;
b. logging on to a server or account that you are not authorized to access;
c. probing, scanning or testing the vulnerability of any system or network related in any way to the Site without proper authorization;
d. breaching security or authentication measures without proper authorization;
e. interfering with service to any host, network, other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mail bombing, or crashing;
f. sending promotions and/or advertising products and/or services; or
g. attempting to do any of the preceding.
You understand that your account information on the Site is controlled by you, through the User IDs and Passwords that you selected. You are responsible for protecting the confidentiality of those User IDs and Passwords. We and our product suppliers are entitled to rely on the fact that any Scanned Data, orders for Products or other information sent to this Site under your User ID and Password for this Site were sent by you. If you believe that the confidentiality of any of your User IDs and/or Passwords has been compromised or that someone has accessed your account without authorization, you should contact us immediately.
9. Applicable Law.
These Terms will be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Site will be brought only in the courts of the State of North Carolina or any United States District Court in North Carolina. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
10. Return Address and Costs.
Our product suppliers will automatically print a return address on every Product that you print and mail using this Site. The default return address is the address supplied by you for your profile. All costs and taxes are quoted in U.S. dollars. You must pay all applicable taxes on purchases made on this Site. The Legacy of Jesus may in its sole discretion add, delete or change some or all of the prices of products and services at any time without notice, other than as set forth on this Site.
11. Miscellaneous.
For purposes of these Terms, "you" and "your" shall mean you and "we", "us," and "our" means The Legacy of Jesus, its contracted product suppliers and its affiliates. Title and risk of loss for books and other products purchased by you through this Site passes to you upon delivery of the products to our carrier or our contracted product supplier's carrier for shipment to you. We may assign our rights and responsibilities hereunder without notice to you. If any of these Terms are held invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. We reserve the right to amend or modify these Terms or impose new conditions at any time. Such amendments and modifications will be effective immediately upon giving you notice by any means including, but not limited to, posting on this Site. These Terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all other communications, written or oral, with regard to this Site.
The failure of The Legacy of Jesus or our contracted product suppliers to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by The Legacy of Jesus and its contracted product suppliers, as applicable. Your use of this Site, however, is subject to the additional disclaimers and caveats that may appear throughout the our website(s).