Timber Creek Fellowship
Last revised on July 30, 2019
Welcome to Timber Creek Fellowsip Church, an online venue through which your organization and its members/employees can better fulfill its mission. Portions of our platform (the "Site") have been customized to permit members and guests of your organization to communicate.
You have intellectual property rights in some of your Information. You agree to grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your Information. When your Information has been deleted from the Site, the license you grant us will terminate immediately.
We appreciate your feedback, but you agree we may use your suggestions without having any obligation to compensate you. You have no obligation to share your suggestions with us.
You agree you will not provide any false personal information on the Site, or create an account for anyone other than yourself without permission. You also agree that you will keep your contact information accurate and up-to-date.
You warrant that you will comply with all applicable laws.
If you are under age 13, please do not attempt to register on the Site or provide any personal information about yourself to us. If we discover that a child under age 13 has provided us with personal information, we will use reasonable efforts to delete this information as quickly as possible. We reserve the right to delete the profile and terminate the account of any person we believe is under age 13 or of any person who permits a child under age 13 to publish information or post content under that person’s access. If you believe that we might have any information from a child under age 13, please contact us at email@example.com. We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet. We encourage parents to teach their children about safe Internet use practices.
You agree you will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You also agree you will not transfer your account to anyone.
The content of the Site, including, without limitation, the text, software, scripts, graphics, pictures, photos, sounds, music, videos, organization, and interactive features, and the trademarks, service marks, and logos contained therein, are owned by or licensed by us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. No right, title, or interest in any downloaded materials is transferred to you as a result of downloading.
You agree that you will not use our copyrights or trademarks, or any confusingly similar marks, without our written permission.
The Site may contain links to websites owned and operated by third parties that we do not own or control. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. We cannot and will not edit or censor content on third-party websites, and you expressly release us of any liability arising from your use of a third-party website. We do not endorse and do not make any representations or warranties about any website you may access through the Site. You should be aware of and read the terms and conditions and privacy policies of every website you visit.
If you have any questions regarding your intellectual property rights, contact us at firstname.lastname@example.org.
IF ANYONE BRINGS A CLAIM AGAINST US RELATED TO YOUR ACTIONS OR INFORMATION ON THE SITE, YOU WILL INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE LEGAL FEES AND COSTS) RELATED TO SUCH CLAIM.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. THE SITE AND ALL CONTENT, DATA, MATERIALS AND DOCUMENTATION PROVIDED IN CONNECTION WITH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, Timber Creek Fellowsip CHURCH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. Timber Creek Fellowsip CHURCH DOES NOT WARRANT THAT THE SITE WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, COMPLETELY SECURE OR VIRUS FREE. YOU AGREE Timber Creek Fellowsip CHURCH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY (I) UNAUTHORIZED ACCESS TO OR USE OF Timber Creek Fellowsip CHURCH SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (II) ANY INTERRUPTIONS OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Either party may commence the mediation process by providing to the other party written notice, setting forth the subject of the dispute, claim or controversy and the relief requested. Within ten (10) days after the receipt of the foregoing notice, the other party shall deliver a written response to the initiating party's notice. The initial mediation session shall be held within thirty (30) days after the initial notice. The parties agree to share equally the costs and expenses of the mediation (which shall not include the expenses incurred by each party for its own legal representation in connection with the mediation).
The parties further acknowledge and agree that mediation proceedings are settlement negotiations, and that, to the extent allowed by applicable law, all offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties or their agents shall be confidential and inadmissible in any arbitration or other legal proceeding involving the parties; provided, however, that evidence which is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
The provisions of this section may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including reasonable attorneys’ fees, to be paid by the party against whom enforcement is ordered.