Tuesday, March 09, 2010
AGREEMENT BETWEEN USER AND Phillips Chapel FWB
The Phillips Chapel FWB Web Site is comprised of various Web pages operated by Phillips Chapel FWB.
The Phillips Chapel FWB Web Site is offered to you conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the Phillips Chapel FWB Web Site constitutes your agreement to
all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Phillips Chapel FWB reserves the right to change the terms, conditions, and notices under which the Phillips Chapel
FWB Web Site is offered.
LINKS TO THIRD PARTY SITES
The Phillips Chapel FWB Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not
under the control of Phillips Chapel FWB and Phillips Chapel FWB is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
Phillips Chapel FWB is not responsible for webcasting or any other form of transmission received from any Linked Site.
Phillips Chapel FWB is providing these links to you only as a convenience, and the inclusion of any link does not
imply endorsement by Phillips Chapel FWB of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Phillips Chapel FWB Web Site, you warrant to Phillips Chapel FWB that you will not
use the Phillips Chapel FWB Web Site for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Phillips Chapel FWB Web Site in any manner which could damage, disable, overburden,
or impair the Phillips Chapel FWB Web Site or interfere with any other party's use and enjoyment of the Phillips Chapel
FWB Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally
made available or provided for through the Phillips Chapel FWB Web Sites.
MATERIALS PROVIDED TO Phillips Chapel FWB OR POSTED AT ANY Phillips Chapel FWB WEB SITE
Phillips Chapel FWB does not claim ownership of the materials you provide to Phillips Chapel FWB
(including feedback and suggestions) or post, upload, input or submit to any Phillips Chapel FWB Web Site or its
associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your
Submission you are granting Phillips Chapel FWB and necessary sublicensees permission
to use your Submission in connection with the operation of their Internet businesses including, without limitation,
the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate
and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
Phillips Chapel FWB is under no obligation to post or use any Submission you may provide and may remove any
Submission at any time in Phillips Chapel FWB's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you
own or otherwise control all of the rights to your Submission as described in this section including,
without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Phillips Chapel
FWB WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
Phillips Chapel FWB AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Phillips Chapel FWB WEB SITE AT ANY TIME.
ADVICE RECEIVED VIA THE Phillips Chapel FWB WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR
FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Phillips Chapel FWB AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON
THE Phillips Chapel FWB WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. Phillips Chapel FWB AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Phillips Chapel FWB AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THE USE OR PERFORMANCE OF THE Phillips Chapel FWB WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Phillips Chapel
FWB WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Phillips Chapel FWB WEB SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE Phillips Chapel FWB WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF Phillips Chapel FWB OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Phillips Chapel FWB WEB SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Phillips Chapel FWB WEB SITE.
SERVICE CONTACT: ContactUs@PhillipsChapel.org
TERMINATION/ACCESS RESTRICTION
Phillips Chapel FWB reserves the right, in its sole discretion, to terminate your access to the Phillips Chapel
FWB Web Site and the related services or any portion thereof at any time, without notice.
GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arkansas, U.S.A.
and you hereby consent to the exclusive jurisdiction and venue of courts in Washington County, Arkansas, U.S.A. in all
disputes arising out of or relating to the use of the Phillips Chapel FWB Web Site. Use of the Phillips Chapel FWB Web
Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint venture, partnership, employment,
or agency relationship exists between you and Phillips Chapel FWB as a result of this agreement or use of
the Phillips Chapel FWB Web Site. Phillips Chapel FWB's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement is in derogation of Phillips Chapel FWB's
right to comply with governmental, court and law enforcement requests or requirements relating to your use
of the Phillips Chapel FWB Web Site or information provided to or gathered by Phillips Chapel FWB with
respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Phillips Chapel FWB with respect to the Phillips Chapel FWB Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Phillips Chapel FWB with respect to the Phillips Chapel FWB Web Site. 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 to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Phillips Chapel FWB Web Site are: and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious.
No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement
under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT
TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.