This Internet Web Site Use Agreement (the "Agreement") is between
you and Outstretched Arms (the "ministry") with offices at 408 3rd
St., Stella, NE, 68442. Your use of the Ministry Internet Web Site
(the "Web Site") is subject to the following terms and conditions
of use:
(1) YOU AGREE TO READ THESE TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING THIS WEB SITE. Use of the Web Site
signifies your unconditional agreement to the terms and conditions
of this Agreement. If you do not agree to these terms and
conditions of use, do not access or otherwise use this Web Site.
(2) The Ministry may gather, process and use
information and materials received from you (e.g., name, physical
address, e-mail address) or collected through your use of the Web
Site for any lawful reason or purpose.
(3) The Ministry reserves the right, at its sole
discretion, from time to time to change, modify, add or remove any
portion of this Agreement, in whole or in part, at any time.
(4) The Web Site is protected by one or more
copyrights pursuant to U.S. copyright laws, international
conventions and other intellectual property laws. You will abide
by any and all copyright notices, trademark notices, ownership
information or restrictions contained in any Content on the Web
Site. You may download and make copies of the Content and other
downloadable items displayed on this Web Site, provided that you
maintain all copyright and other notices contained in such
Content. Copying or storing of any Content on the Web Site for
reproduction, redistribution or publication to third parties for
commercial purposes is expressly prohibited without prior written
permission from the Ministry. All rights to the Ministry's
copyrighted materials not expressly granted herein are reserved by
the Ministry.
(5) The Ministry, at its sole discretion, may
change, suspend or discontinue any aspect of the Web Site at any
time, including the availability of any Web Site feature, database
or Content. Ministry may also impose limits on certain features
and services or restrict your access to parts or all of the Web
Site without notice or liability.
(6) You represent, warrant and covenant that you
shall not upload, post or transmit to or distribute or otherwise
publish through the Web Site any materials which: (i) restrict or
inhibit any other user from using and enjoying the Web Site; (ii)
are unlawful, threatening, abusive, libelous, defamatory, obscene,
vulgar, offensive, pornographic, profane, sexually explicit or
indecent; (iii) constitute or encourage conduct that would
constitute a criminal offense, give rise to civil liability or
otherwise violate any law or governmental regulation; (iv)
violate, plagiarize or infringe the rights of third parties
including, without limitation, copyright, trademark, patent,
rights of privacy or publicity or any other proprietary right; (v)
contain a virus or other harmful or destructive elements; (vi)
contain any information, software or other material of a
commercial nature; (vii) contain advertising of any kind; or
(viii) constitute or contain false or misleading indications of
origin or statements of fact.
(7) You hereby agree to defend, indemnify and
hold harmless the Ministry, and all its officers, directors,
agents, employees, information providers, affiliates, licensors
and licensees from and against any and all liabilities, claims,
penalties, losses, damages, cost and expense (including court
costs and reasonable attorney's fees, interest expense and amounts
paid in compromise or settlement), suits or actions arising out of
or resulting from any breach by you of this Agreement, including
the foregoing representations, warranties and covenants. You shall
cooperate as fully as reasonably required in the defense of any
claim.
(8) The Web Site may contain hypertext links and
pointers to the other World Wide Web Internet sites and resources
operated and controlled by parties other than the Ministry. Links
to and from the Web Site to such third party sites do not imply or
constitute an endorsement by the Ministry of any third party
material or contents.
(9) The Ministry does not represent or endorse
the accuracy or reliability of any advice, opinion, statement or
other information displayed or distributed through the Web Site.
You acknowledge that any reliance upon any such opinion, advice,
statement, memorandum, or information shall be at your sole risk.
The Ministry reserves the right, in its sole discretion, to
correct any errors or omissions in any portion of the Web Site.
(10) The Ministry reserves the right at all
times to disclose any information as necessary to satisfy any law,
regulation or government request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, that in
the Ministry's sole discretion are objectionable or in violation
of this Agreement.
(11) THE MINISTRY WEB SITE, INCLUDING ALL
CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE
AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED ON AN
"AS IS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE
COMPANY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND
WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR THE MATERIALS,
INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON
OR ACCESSED THROUGH THE WEB SITE, FOR ANY HYPERTEXT LINKS TO THIRD
PARTY WEB SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE
TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY
LINKED SITE. FURTHER, THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR
ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED,
ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. THE COMPANY SHALL
NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT
LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. TO THE
FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY SHALL NOT BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THE USE OF OR ACCESS TO THE WEB SITE OR FOR ANY INFORMATION
OBTAINED THROUGH THE WEB SITE, WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS
AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE
THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.
(12) Some comments and information on the WEB
Site may be based upon the Ministry's current expectations,
estimates and/or projections about the Ministry's activities.
These statements about the Ministry are forward-looking statements
which are not guarantees of future performance and involve certain
risks, uncertainties and assumptions that are difficult to
predict. Therefore, actual outcomes and results may differ from
what is expressed or forecasted.
(13) By posting messages, uploading files,
inputting data or engaging in any other form of communication
(individually or collectively "Communications") to the Web Site,
you hereby grant to the Ministry a perpetual, worldwide,
irrevocable, unrestricted, non-exclusive, royalty free license to
use, copy, license, sublicense, adapt, distribute, display,
publicly perform, reproduce, transmit, modify, edit and otherwise
fully exploit such Communications, in all media now known or
hereafter developed. You hereby waive all rights to any claim
against the Ministry for any alleged or actual infringements of
any proprietary rights, rights of privacy and publicity, moral
rights and rights of attribution in connection with such
Communications.
(14) You acknowledge that Communications
involving the Web Site are not confidential and that
Communications may be read or intercepted by others. You
acknowledge that by submitting Communications to the Ministry, no
confidential, fiduciary, contractually implied or other
relationship is created between you and the Ministry other than
pursuant to this Agreement.
(15) THIS AGREEMENT SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEBRASKA,
WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. YOU HEREBY AGREE
AND CONSENT THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY
ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT
SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE
STATE OF NEBRASKA.
(16) The Ministry has a long standing policy
that does not allow it to accept or consider creative ideas,
suggestions or materials other than those which have been
specifically requested or otherwise affirmatively solicited by the
Ministry in writing. It is the intent of this policy to avoid
possible misunderstandings as to the ownership of creative ideas,
concepts, suggestions or materials. If you send any creative
materials, suggestions, ideas, notes, drawings, concepts or other
information (collectively known as the "Information") to the
Ministry in printed form, electronic means or otherwise, the
Information shall be deemed to be the property of the Ministry and
shall not be subject to any obligations of confidence,
non-disclosure or non-usage. The Ministry is hereby entitled to
unrestricted usage of the Information on a worldwide basis without
compensation to the provider of the Information.
(17) This Agreement constitutes the entire
agreement between the Ministry and you with respect to your use of
and access to the Web Site. This Agreement supersedes all prior or
contemporaneous communications and proposals, whether electronic,
oral or written, between you and the Ministry with respect to the
Web Site. Use of the Web Site is unauthorized in any jurisdiction
that does not give effect to all of the terms and conditions of
this Agreement. Any cause of action you may have with respect to
your use of and access to the Web Site must be commenced within
one (1) year after the claim or cause of action arises. If for any
reason a court of competent jurisdiction finds any provision of
this Agreement, or portion thereof, to be unenforceable, that
provision shall be enforced to the maximum extent permissible so
as to give legal effect to the intent of the Agreement, and the
remainder of this Agreement shall continue in full force and
effect. A printed version of this Agreement and of any notice
given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this
Agreement or the Web Site to the same extent and subject to the
same conditions as other business documents and records generated
and maintained in printed form by the Ministry. The failure of the
Ministry to enforce any provision of this Agreement shall not be
deemed a waiver of such provision nor bar the Ministry's right to
enforce the provision.
RETURN TO TOP OF THIS PAGE
|