1. Acceptance of Terms
Grace Baptist Church ("GBC")
provides access to this web site (the "Site")
subject to the acceptance of this User Agreement
("Agreement") by all persons accessing,
browsing, or otherwise using the Grace Baptist Church Site ("User" or "you").
This Agreement may be updated by GBC from
time to time without prior notice to you.
GBC encourages you to review this Agreement
periodically for any updates or changes.
By accessing or using the Site, you agree
to be bound by the terms of this Agreement,
as revised. When using a particular feature
of the Site, you may also be subject to
any posted guidelines, rules, terms of service,
codes of conduct or other contractual provision
as noted. In the event of a conflict between
any other agreement, rule, or terms of service
and this Agreement, the provisions of this
Agreement shall govern. If you have any
questions about this Agreement please contact
GBC at info@gracebapt.org before
using the Site.
2. Disclaimer
The contents of the Site, such as text,
graphics, photographs, software and other
material (the "Content"), is presented
for informational purposes only. GBC will
use reasonable efforts to include up-to-date
and accurate information in this Site, but
makes no representations, warranties, or
assurances as to the accuracy, currency
or completeness of the Content provided,
including third party information, such
as, but not limited to, press releases,
articles, or information from third-party
web sites linked to or from this Site.
YOU
SHOULD NOT RELY ON ANYTHING CONTAINED ON
THE SITE TO SUGGEST A COURSE OF TREATMENT
FOR ANY MEDICAL CONDITION. THE CONTENT CANNOT
SUBSTITUTE FOR CONSULTATION WITH A PHYSICIAN
OR OTHER QUALIFIED HEALTH PROVIDER. IF YOU
HAVE OR SUSPECT THAT YOU HAVE A MEDICAL
PROBLEM, PROMPTLY CONTACT YOUR HEALTH CARE
PROVIDER. YOU SHOULD NEVER DISREGARD MEDICAL
ADVICE, AVOID OR DELAY VISITING A MEDICAL
PROFESSIONAL, OR DEVIATE FROM ANY TREATMENT
PROGRAM PRESCRIBED OR OTHERWISE RECOMMENDED
TO YOU BY YOUR PHYSICIAN OR OTHER QUALIFIED
HEALTH PROVIDER BECAUSE OF SOMETHING YOU
HAVE READ ON THE SITE. YOU SHOULD READ CAREFULLY
ALL PRODUCT PACKAGING.
If you think you may have a medical emergency, call your doctor or 911 immediately. Grace Baptist Church does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Grace Baptist Church, Grace Baptist Church employees, others appearing on the Site at the invitation of Grace Baptist Church, is solely at your own risk.
ALL DATA AND INFORMATION ACCESSIBLE ON THIS SERVICE ARE PROVIDED "AS IS" AND THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH INFORMATION AND DATA. GBC ET AL CANNOT AND DOES NOT GUARANTEE THE ACCURACY, SEQUENCE, COMPLETENESS, TIMELINESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICE OR BY ANY FORCE MAJEURE OR ANY OTHER CAUSE BEYOND THEIR REASONABLE CONTROL. GBC ET AL SHALL NOT BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE, OMISSION IN PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, TRANSMITTING OR DELIVERING ANY INFORMATION OR DATA THROUGH THIS SERVICE OR FOR INTERRUPTION IN ANY SUCH DATA. IN NO EVENT WILL GBC BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON SUCH INFORMATION OR DATA OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, DAMAGES RESULTING FROM INCONVENIENCE, OR LOSS OF USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SERVICE MAY BE DISCONTINUED OR LIMITED AT ANY TIME.
3. No Endorsement of Links to Other
Web Sites
Any links to other sites are provided as
merely a convenience to you. This Site may
provide links or references to other sites
but GBC has not reviewed all of these other
sites, has no responsibility for the content
of such other sites and shall not be liable
for any damages or injury arising from the
content from these other sites. You understand
that, except for information, products or
services clearly identified as being supplied
by GBC, GBC does not operate, control or
endorse any information, products or services
on the Internet in any way. GBC does not
endorse or make any representations about
these sites, or any information or other
products or materials found on these sites,
or any results that may be obtained from
using these sites. If you decide to access
any of these other sites linked to this
Site, you do so entirely at your own risk.
4. Privacy
You agree that you have read and understand
the terms of GBC's privacy policy (LINK
TO HIPPA statement). You acknowledge that
the Site may link to other sites not controlled
by GBC and that the collection of your data
by these sites is outside the scope of GBC's
control.
5. Use of the Site
You also understand that GBC cannot and
does not guarantee or warrant that files
available for downloading from the Site
will be free of infection or viruses, worms,
Trojan horses, time bombs, cancelbots or
other computer programming routines that
are intended to damage, detrimentally interfere
with, surreptitiously intercept or expropriate
any system, data or personal information
(collectively, "Hazards"). You
are responsible for implementing sufficient
procedures and checkpoints to satisfy your
particular requirements for accuracy of
data input and output, and for maintaining
a means external to the Site for the reconstruction
of any lost data.
6. System Integrity
You may not use any device, software or
routine to interfere with the proper working
of the Site. You may not take any action
that imposes an unreasonable burden upon
the infrastructure used to support the efficient
operation of the Site.
7. Acceptable and Lawful Use of Site
Any personal information, computer information,
or other information that you provide to
GBC in connection with the use of the Site:
(a) shall not be obscene or indecent; (b)
shall not contain any Hazards; (c) shall
not infringe any third party's copyright,
patent, trademark, trade secret or other
proprietary rights or rights of publicity
or privacy; (d) shall not be defamatory,
libelous, unlawfully threatening or unlawfully
harassing; and (e) shall not create any
liability for GBC or cause GBC to lose (in
whole or in part) the services of its Internet
Service Provider(s) or other suppliers.
Users shall comply will all applicable laws,
statutes, ordinances and regulations regarding
use of the Site.
8. RISK: INTERNET USE
YOU ASSUME TOTAL RESPONSIBILITY AND RISK
FOR YOUR USE OF THE SITE AND THE INTERNET.
YOU ACKNOWLEDGE AND AGREE THAT ANY UPLOADS
OR TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED
AND USED BY AN UNAUTHORIZED THIRD PARTY
AND THAT ALL OF THE RISK ASSOCIATED THEREWITH
IS SOLELY YOURS.
9. NO WARRANTIES
GBC DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE OR NON-INFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SITE, THE CONTENT, ANY MERCHANDISE
PROVIDED THROUGH THE SITE OR ON THE INTERNET
GENERALLY, AND GBC SHALL NOT BE LIABLE FOR
ANY COST OR DAMAGE ARISING EITHER DIRECTLY
OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE
THE RELIABILITY, ACCURACY, TIMELINESS, COMPLETENESS
OR USEFULNESS OF ALL SERVICES AND CONTENT
PROVIDED THROUGH THE SITE OR ON THE INTERNET
GENERALLY. GBC DOES NOT WARRANT THAT THE
SITE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
THE SITE AND THE CONTENT MADE AVAILABLE
ON THE SITE ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS.
10. System Outages
GBC periodically schedules system downtime
for maintenance and other purposes. Unplanned
system outages may also occur. GBC shall
have no liability whatsoever for the resulting
unavailability of the Site or for any loss
of data or transactions caused by planned
or unplanned system outages or the resultant
delay, misdelivery or nondelivery of information
caused by such system outages, or any third
party acts or any other outages of web host
providers or the Internet infrastructure
and network external to the Site.
11. Indemnification
You agree to indemnify, defend and hold
GBC and its affiliates, officers, directors,
employees and agents harmless from and against
any and all claims, demands, actions, costs,
liabilities, losses and damages of any kind
(including attorney's fees) resulting from
(i) your use, misuse or abuse of the Site,
or (ii) your breach of any provision of
this Agreement. You will cooperate as fully
as reasonably required in GBC's defense
of any claim. GBC reserves the right, at
its own expense, to assume the exclusive
defense and control of any matter otherwise
subject to indemnification by you, and you
shall not in any event settle any matter
without the written consent of GBC.
12. Intellectual Property
The Content is the property of GBC and/or
its affiliates or partners, and is protected
by federal and international copyright and
trademark laws, or other proprietary rights.
These rights are protected in all forms,
media and technologies existing now or hereinafter
developed. You may print and download portions
of material from the different areas of
the Site solely for your own non-commercial
use. No portion of the Content may be reprinted,
republished, modified, or distributed in
any form without the express written permission
of GBC. You may not, and this Agreement
does not give you permission to, reproduce,
reverse engineer, decompile, disassemble,
modify, transmit, sell, distribute, license
or create derivative works with respect
to the Site. Certain Content may be licensed
from third parties and all such third party
Content and all intellectual property rights
related to the Content belong to the respective
third parties. You may not remove any copyright,
trademark or other intellectual property
or proprietary notice or legend contained
on the Site or the Content. Any rights not
expressly granted by this Agreement or any
applicable end-user license agreements are
reserved by GBC.
13. Governing Law and Choice of Forum
This Agreement shall be governed by and
construed in accordance with the laws of
the State of Colorado, exclusive of its
choice of law rules and matters affecting
copyrights, trademarks and patents under
United States federal law.
You hereby irrevocably and unconditionally
consent to submit to the exclusive jurisdiction
of the courts of the State of Colorado and
of the United States of America located
in the State of Colorado for any litigation
or disputes arising out of or relating to
use of the Site and not to commence any
litigation relating thereto except in such
courts. You hereby irrevocably and unconditionally
waive any objection to the establishment
of venue of any such litigation in the Colorado
Courts and agree not to plead or claim in
any Colorado Court that such litigation
brought therein has been brought in an inconvenient
forum.
14. International Users
GBC makes no claims that the Content is
appropriate or may be downloaded outside
of the United States. Access to the Content
may not be legal in certain countries or
for certain persons. If you access the Site
from outside of the United States, you do
so at your own risk and are responsible
for compliance with the laws of your jurisdiction.
15. Severability
In the event that one or more portions
of this Agreement shall, for any reason,
be held to be invalid, illegal or unenforceable
in any respect, such validity, illegality
or unenforcability shall not affect any
other provision contained in this Agreement.
16. Headings
The headings used throughout this Agreement
are solely for the convenience of reference
and are not to be used as an aid in the
interpretation of this Agreement.
17. No Waiver
Any delay or failure by you or GBC, at
any time or times, to require performance
of any provision hereof shall in no manner
affect your or GBC's right at a later time
to enforce such provision. No delay or failure
of you or GBC in exercising any right hereunder
shall constitute a waiver of such right
or any other rights hereunder.
18. Entire Agreement, Updates and Modifications
This Agreement and any documents expressly
incorporated by reference constitute the
entire agreement between GBC and you pertaining
to the subject matter hereof.
In its sole discretion, GBC may unilaterally
amend or modify this Agreement or any other
documents referenced herein at any time
by posting on the Site. Any amended or modified
terms will be effective upon posting. Continued
use of the Site constitutes acceptance of
any modified terms and conditions. If you
have any questions about this Agreement,
contact GBC at info@gracebapt.org.
19. Assignment
You may not assign your rights or delegate
your responsibilities hereunder without
the express written permission of GBC. GBC
may, at any time, assign its rights or delegate
its obligations hereunder without notice
to you.
20. Third Party Beneficiary Rights
No person not a party to this Agreement
is intended to be a beneficiary of this
Agreement, and no person not a party to
this Agreement shall have any right to enforce
any term of this Agreement.
21. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL GBC OR ANY
OTHER PARTY INVOLVED IN CREATING, PRODUCING,
OR DISTRIBUTING THE SITE BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS,
GOOD WILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF GBC HAS BEEN ADVISED OF
THE POSSIBLITY OF SUCH DAMAGES) THAT RESULT
FROM (I) THE USE OF OR INABILITY TO USE
THE SITE; (II) THE COST OF PROCUREMENT OF
SUBSTITUTE MERCHANDISE AND SERVICES RESULTING
FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES
PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SITE; OR (V) ANY OTHER
MATTER RELATING TO THE SITE. YOU HEREBY
ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY
TO ALL CONTENT, MERCHANDISE, AND SERVICES
AVAILABLE THROUGH THE SITE. BECAUSE SOME
STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES LIABILITY IS LIMITED
TO THE FULLEST EXTENT PERMITTED BY LAW.
22. Accurate Information
In consideration of your use of the Site,
you agree to: (a) provide true, accurate,
and current and complete information as
prompted on the Site; and (b) maintain and
update such information to keep it true,
accurate, current and complete. If you provide
any information that is untrue, inaccurate,
not current or incomplete, or GBC has reasonable
grounds to suspect that such information
is untrue, inaccurate, not current or incomplete,
GBC may suspend or terminate your use of
the service and/or decline to permit your
continued use of the Site and future access
to the Site.
23. Feedback
Should you respond to the Site by providing
feedback, such as questions, requests, opinions,
comments, suggestions, ideas, or the like,
such information shall be deemed to be the
property of GBC. GBC shall have no obligation
of any kind to the User with respect to
such information and shall be free to reproduce,
use, disclose and distribute the information
to others without limitation and without
license. GBC shall be free to use any ideas,
concepts, know-how or techniques contained
in such information for any purpose whatsoever.