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Cornerstone Church Network's
Website Terms of Use
THE FOLLOWING DESCRIBES THE TERMS ON
WHICH CORNERSTONE CHURCH NETWORK OFFERS YOU ACCESS TO
OUR SERVICES. Welcome to the user agreement (the "Agreement"
or "User Agreement") for Cornerstone Church Network.
This Agreement describes the terms and conditions applicable
to your use of our services available under the domain
and sub-domains of www.Cornerstone Church Network (the
"Site") and the general principles for the websites
of our subsidiaries and affiliates. If you do not agree
to be bound by the terms and conditions of this Agreement,
do not use this website or access our services.
You must read, agree with and accept all of the terms
and conditions contained in this User Agreement and
the Privacy Policy, which include those terms and conditions
expressly set out below and those incorporated by reference,
before you may become a member of Cornerstone Church
Network. We strongly recommend that, as you read this
User Agreement, you also access and read the information
contained in the other pages and websites referred to
in this document, as they may contain further terms
and conditions that apply to you as an Cornerstone Church
Network user. Please note: underlined words and phrases
are links to these pages and websites. By accepting
this User Agreement, you also agree that your use of
other Cornerstone Church Network websites will be governed
by the User Agreement and Privacy Policy posted on those
websites.
We may amend this Agreement at any time by posting the
amended terms on the Site. Except as stated below, all
amended terms shall automatically be effective 30 days
after they are initially posted on the Site. This Agreement
may not be otherwise amended except in a writing signed
by you and Cornerstone Church Network Inc. This Agreement
is effective upon acceptance in registration for new
registering users, and is otherwise effective on July
3, 2006.
- Membership Eligibility.
Our services are available only to, and may only
be used by individuals who can form legally binding
contracts under applicable law. Without limiting
the foregoing, our services are not available
to children (persons under the age of 18) or to
temporarily or indefinitely suspended Cornerstone
Church Network members. If you are a under the
age of 18, you can use this service only in conjunction
with, and under the supervision of your parents
or guardians. If you do not qualify, please do
not use our Site. Further, your Cornerstone Church
Network account (including feedback) and User
ID may not be transferred or sold to another party.
If you are registering as a business entity, you
represent that you have the authority to bind
the entity to this Agreement.
- Privacy.
We do not sell or rent your personal information
to third parties for their marketing purposes
without your explicit consent and we only use
your information as described in the Privacy Policy.
We view protection of users' privacy as a very
important community principle. We understand clearly
that you and your information is one of our most
important assets. We store and process your information
on computers located in the United States that
are protected by physical as well as technological
security devices. We use third parties to verify
and certify our privacy principles.
- No Warranty.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES
AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES
"AS IS" AND WITHOUT ANY WARRANTY OR CONDITION,
EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. Some states do not
allow the disclaimer of implied warranties, so
the foregoing disclaimer may not apply to you.
This warranty gives you specific legal rights
and you may also have other legal rights that
vary from state to state.
- Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS,
DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE
FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION
WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT
(HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS,
TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE
IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF
FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE
ACTION GIVING RISE TO LIABILITY, AND (B) $100.
Some States do not allow the exclusion or limitation
of incidental or consequential damages, so the
above limitation or exclusion may not apply to
you.
- Indemnity.
You agree to indemnify and hold us and (as applicable)
our parent, subsidiaries, affiliates, officers,
directors, agents, and employees, harmless from
any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising
out of your breach of this Agreement or the documents
it incorporates by reference, or your violation
of any law or the rights of a third party.
- Legal Compliance.
You shall comply with all applicable domestic
and international laws, statutes, ordinances and
regulations regarding your use of our service
and your bidding on, listing, purchase, solicitation
of offers to purchase, and sale of items.
- No Agency.
You and Cornerstone Church Network are independent
contractors, and no agency, partnership, joint
venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
- Notices.
Except as explicitly stated otherwise, any notices
shall be given by postal mail to Cornerstone Church
Network Attn: Legal Department P.O. Box 28619,
Santa Ana, CA 92799 (in the case of Cornerstone
Church Network) or to the email address you provide
to Cornerstone Church Network during the registration
process (in your case). Notice shall be deemed
given 24 hours after email is sent, unless the
sending party is notified that the email address
is invalid. Alternatively, we may give you notice
by certified mail, postage prepaid and return
receipt requested, to the address provided to
Cornerstone Church Network during the registration
process. In such case, notice shall be deemed
given 3 days after the date of mailing.
- Resolution of Disputes.
In the event a dispute arises between you and
Cornerstone Church Network, our goal is to provide
you with a neutral and cost effective means of
resolving the dispute quickly. Accordingly, you
and Cornerstone Church Network agree that any
claim or controversy at law or equity that arises
out of this Agreement or our services ("Claims")
shall be resolved in accordance with one of the
subsections below or as otherwise mutually agreed
upon in writing by the parties. Before resorting
to these alternatives, we strongly encourage you
to first contact us directly to seek a resolution
and we will consider reasonable requests to resolve
the dispute through alternative dispute resolution
procedures, such as mediation, as an alternative
to litigation.
- Binding Arbitration.
For any Claim (excluding Claims for injunctive
or other equitable relief) where the total amount
of the award sought is less than $10,000, you
or Cornerstone Church Network may elect to resolve
the dispute through binding arbitration conducted
by telephone, on-line and/or based solely upon
written submissions where no in-person appearance
is required. In such cases, the arbitration shall
be administered by the American Arbitration Association
or JAMS in accordance with their applicable rules,
or any other established ADR provider mutually
agreed upon by the parties. Any judgment on the
award rendered by the arbitrator may be entered
in any court having jurisdiction thereof.
- Court.
Alternatively, any Claim may be adjudicated by
a court of competent jurisdiction located in Orange
County, California or where the defendant is located
(in our case Santa Ana, California, and in your
case your home address or principal place of business).
You and Cornerstone Church Network agree to submit
to the personal jurisdiction of the courts located
within the county of Santa Ana, California.
- Alternative Dispute
Resolution.
Alternatively, Cornerstone Church Network will
consider use of other alternative forms of dispute
resolution, such as binding arbitration to be
held in Santa Ana, California or another location
mutually agreed upon by the parties. All Claims
(excluding requests for injunctive or equitable
relief) between the parties must be resolved using
the dispute resolution mechanism that is selected
in accordance with this Section by the first party
to file a Claim. Should either party file an action
contrary to this Section 17, the other party may
recover attorneys' fees and costs up to $1000,
provided that the party seeking the award has
notified the other party in writing of the improperly
filed Claim, and the other party has failed to
withdraw the Claim.
- General.
This Agreement shall be governed in all respects
by the laws of the State of California as such
laws are applied to agreements entered into and
to be performed entirely within California between
California residents. We do not guarantee continuous,
uninterrupted or secure access to our services,
and operation of the Site may be interfered with
by numerous factors outside of our control. If
any provision of this Agreement is held to be
invalid or unenforceable, such provision shall
be struck and the remaining provisions shall be
enforced. You agree that this Agreement and all
incorporated agreements may be automatically assigned
by Cornerstone Church Network in accordance with
Section 16 "Notices", in our sole discretion,
Headings are for reference purposes only and in
no way define, limit, construe or describe the
scope or extent of such section. Our failure to
act with respect to a breach by you or others
does not waive our right to act with respect to
subsequent or similar breaches. This Agreement
sets forth the entire understanding and agreement
between us with respect to the subject matter
hereof. Sections 2 (Fees and Services) with respect
to fees owed for our services, 3.4 (Release),
6.3 (License), 7 (Access and Interference), 12
(Liability Limit), 13 (Indemnity) and 17 (Resolution
of Disputes) shall survive any termination or
expiration of this Agreement.
- Disclosures.
The services hereunder are offered by Cornerstone
Church Network, located at P.O. Box 28619, Santa
Ana, CA 92799. If you are a California resident,
you may have this same information emailed to
you by sending a letter to the foregoing address
with your email address and a request for this
information.
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