TERMS OF SERVICE
Effective Date: October 1, 2007
Welcome to the LMCA.org website, which is located at LMCA.org (the "Website"). This Terms of Service ("TOS") contain the terms and conditions that govern your use of the Website and the LMCA.org store and donations policy (as defined below). This TOS describes your rights and responsibilities and what you can expect from the LMCA.org Service. Use of the LMCA.org Website constitutes your acceptance of and agreement to this TOS.
LMCA.org reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the LMCA.org Website. If any modification is unacceptable to you, your only recourse is to not use the Website for your donations, and the LMCA.org Store. You will still be able to make donations to LMCA, but will need to make them in person, or via regular postal service. Your continued use of the LMCA.org Website following posting of a change notice or new TOS on the LMCA.org Website will constitute binding acceptance of the changes.
1. The LMCA Store & LMCA donations.
LMCA.org provides a Merchandise store for LMCA logo wear, gifts, and accessories through the Website (all such services, collectively, the "LMCA.org Store"). The website also allows people to make on-line donations. LMCA.org users may purchase individual Products, make requests for future products, take on-line surveys, or make donations to LMCA to support various areas of ministry. LMCA.org allows all users to browse the Website and purchase. LMCA.org may offer a number of other services on its Website, including without limitation, message boards, calendars, menus, events, and newsletters, which may change from time to time.
2. Use of the Web Site and LMCA.org Store.
2.1 Eligibility. LMCA.org will only knowingly provide service at LMCA.org to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the LMCA.org website only under the supervision of a parent or legal guardian who agrees to be bound by this TOS. The LMCA.org website is not intended for children under the age of 13.
2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of this TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the LMCA.org Service and the Website.
2.3 Your License to Use the Web Site and the LMCA.org Service.
(a) LMCA solely and exclusively owns all intellectual property and other rights, title and interest in and to the LMCA.org Website, except as expressly provided for in these TOS. For example and without limitation, LMCA owns the trademarks LMCafe, LMCA Logo, LMCA.ORG, and C@LM; the copyrights in and to the Website, and certain technology used in providing the LMCA.org website. You will not acquire any right, title or interest therein under this TOS or otherwise to any intellectual property owned by LMCA.
(b) LMCA.org grants you a limited revocable license to access and use the Website and the LMCA store for its intended purposes, subject to your compliance with this TOS. This license does not include the right to collect or use information contained on the Website for purposes prohibited by LMCA; to compete with LMCA.org; to create derivative works based on the content of the Website; or download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach this TOS, LMCA may revoke the license granted to you.
2.4 Third-Party Services. LMCA.org may use third parties to provide certain services accessible through the Website. LMCA.org does not control those third parties or their services, and you agree that LMCA.org will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as this TOS when you use those services. If any such terms or policies conflict with LMCA.org's TOS, agreements or policies, you must comply with LMCA.org's TOS, agreements or policies, as applicable.
2.5 Donations. Donations made on the LMCA.org website must be made by credit card or e-check. All donations made are not refundable. The donations may be made for any of the available areas of service offered on the donations page of the website. These options may change from time to time without notice. Donations by credit card to areas not listed on the donations page, must be made at LMCA, or by phone. Donations made on the website to areas not listed will be automatically placed in the Project 100 fund to be used. LMCA is not responsible for any fees, charges, interest, or penalties incurred by donations made.
3. General Rules.
3.1 Prohibited Use. You may only use the LMCA.org website as expressly permitted by LMCA. You may not cause harm to the Website or the LMCA.org Store. Specifically, but not by way of limitation, you may not: (i) interfere with the website by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the LMCA.org website; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the website; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain LMCA.org's name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the LMCA.org website; or (viii) assist or encourage any third party in engaging in any activity prohibited by this TOS.
3.2 Privacy Policy. By entering into this TOS, you agree to LMCA.org's collection, use and disclosure of your personal information in accordance with the Privacy Policy <http://www.LMCA.org/cp/info/help/privacy_policy.aspx> .
3.3 Ordering Policies. If you purchase Products, you agree to do so in accordance with LMCA.org's Ordering Policy (Below) and instructions on the Website. Title to the Products you purchase passes to you when the Products are delivered to the common carrier.
4. Order and Buy General Rules and License.
4.1 Description. As part of the Website, LMCA.org offers a store that allows you to buy LMCA merchandise & Logo wear. The website also offers various ways of volunteerism, and donations. There are also links, school information, and downloads available.
4.2 Delivery of Content. Most items purchased at the LMCA.org store will be delivered via public mail. There will be an option to pick up your merchandise.
5. Reservation of Rights.
5.1 Monitoring. LMCA.org reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If LMCA.org determines, in its sole and absolute discretion, that you or another LMCA.org user will breach a term or condition of this TOS or that such transaction or communication is inappropriate, LMCA.org may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party. Which transaction or communication is considered “Inappropriate” is to be determined by LMCA, and at its sole discretion. These rules will be governed by the rules and guidelines of the LMCA policy handbook available on the Website.
5.2 Modification. LMCA.org reserves the right to modify the organization, structure or "look and feel" of the LMCA.org Website, and may change, suspend, or discontinue any aspect of the LMCA.org Website at any time without any liability to you or any third party. LMCA.org shall have complete discretion over the features, functions, prices and other terms and conditions on which the LMCA.org Store is offered to LMCA.org users.
6. Submissions.
When you submit questions, comments, suggestions, ideas, e-mails, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant LMCA.org permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that LMCA.org will have no obligation to keep any Submissions confidential. You will not bring a claim against LMCA.org based on "moral rights" or the likes arising from LMCA.org's use of a Submission.
7. Representations and Warranties.
7.1 Mutual Representations and Warranties. You represent and warrant to LMCA.org and LMCA.org represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this TOS, (ii) the execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions.
7.2 By You. You represent and warrant to LMCA.org that, in your use of the LMCA.org Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to LMCA.org that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) LMCA.org will not be required to make any payments to any third party in connection with its use of your Content; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
8. Disclaimers and Exclusions.
DISCLAIMER OF WARRANTIES. LMCA.ORG PROVIDES THE WEBSITE AND LMCA.ORG STORE ON AN "AS IS" AND "AS AVAILABLE" BASIS. LMCA.ORG DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, LMCA.ORG STORE OF ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. LMCA.ORG MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
9. Limitation of Liability.
LIMITATION OF LIABILITY. LMCA.ORG WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE LMCA.ORG WEBSITE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY LMCA.ORG TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.
10. Indemnification.
You must indemnify and hold LMCA.org and its employees, representatives, agents, affiliates, directors, officers, managers and board members (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any provision of this TOS through any act or omission. If you have to indemnify LMCA.org under this Section, LMCA.org will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without LMCA.org's express written permission.
11. Termination.
11.1 Termination. In its sole discretion, with or without notice to you, LMCA.org may: (i) suspend, limit your access to or terminate your use of the Website and/or the LMCA.org store, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from LMCA.org's servers and directories and (iv) prohibit you from using the LMCA.org store and/or the Website.
11.2 Survival. Notwithstanding Section 11.1 above, this TOS will survive indefinitely unless and until LMCA.org chooses to terminate this TOS.
11.3 Effect of Termination. If you or LMCA.org terminates your use of the Website, LMCA.org may delete any Content or other materials relating to your use of the Website on LMCA.org's servers or otherwise in its possession and LMCA.org will have no liability to you or any third party for doing so.
12. Notice.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to LMCA.org, you must use the following address: 540 E. Lake Mead Pkwy, Henderson, NV 89015. If LMCA.org provides notice to you, LMCA.org will use the contact information provided by you to LMCA.org. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
13. Dispute Resolution.
All disputes arising out of, relating to or connected with these TOS or your use of any part of the LMCA.org Service will be exclusively resolved under confidential binding arbitration held in Clark County, Nevada. A professional Arbitration, approved by both parties, will be used (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Clark County, Nevada. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Nevada State courts in Clark County, Nevada. Notwithstanding anything to the contrary in this Section 13, LMCA.org may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
14. Miscellaneous.
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Nevada without reference to conflict of law principles. This TOS is not assignable or transferable by you without the prior written consent of LMCA.org. This TOS (including all of the policies and other Agreements described in this TOS, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and LMCA.org are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect.