The following are the terms and conditions for use of the eSermons.com service ("Service"). Please read them carefully. This Service is provided to individuals who are at least 18 years old or minors who have parental permission to open and maintain an account.
BY COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS").
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BY CLICKING THE "PLACE ORDER" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS").
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The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
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1. MEMBER ACCOUNT, PASSWORD, AND SECURITY
To register for the service, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form, including email address, username, and password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify eSermons.com immediately of any unauthorized use of your account or any other breach of security.
2. NONEXCLUSIVE LICENSE
ChristianGlobe Network ("Developer") hereby grants you ("Member") license to use this service and its content in a single church/organization/business entity as long as your membership is current. No content may be used after the termination of a membership or the end of a membership. Permission is granted to members to use all available content in oral settings or in local presentations that are non-commercial; i.e. you may not resell this content in any form. Further, you may not: (1) modify, translate, or create derivative works for retail purposes based on the service, or permit other individuals to do so; (2) rent, lease, transfer, or otherwise transfer rights to the Service; (3) use a single account for multiple church/organization/business entities. A single church may use a single membership within a ministry team setting but larger churches with multiple clergy are required to sign up separately. ChristianGlobe Network (including all content under the websites eSermons.com and Sermons.com) cannot be used for Internet, Intranet and Extranet usage. You may not post our content to your church website or organization's website.
3. FEES AND SERVICES
ESermons.com is an annual subscription-based service active immediately at sign-up. Your subscription will remain active until you choose to cancel by contacting eSermons.com customer service at esermons@clergy.net or calling 1-800-350-8339. Annual subscriptions will be renewed automatically in the last two weeks of the month after the anniversary date of subscription.
Cancellation is the responsibility of the subscriber. If you cancel, your account will expire upon notice of your cancellation. To cancel, please contact our customer service at esermons@clergy.net or call 1-800-350-8339.
Our fees are available from the eSermons.com Web site, and prices are incorporated by reference. We may change the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days notice of the changes by posting the changes on our Web site. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our Web site.
4. MEMBER PRIVACY
eSermons.com and ChristianGlobe Network are firmly committed to the privacy of its customers and visitors to its Web sites. eSermons.com and ChristianGlobe Network will not monitor, edit, or disclose any personal information about you or your use of the ChristianGlobe Network unless the ChristianGlobe Network has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of the ChristianGlobe Network; or (3) enforce this Agreement. ChristianGlobe Network does not provide traffic information to third parties. We never provide, share, or sell any of our customers email addresses or mailing addresses to anyone for any reason.
6. PRIVACY POLICY FOR CUSTOMERS USING ESERMONS.COM AND OTHER CHRISTIANGLOBE NETWORK SERVICES.
Set out below is the ChristianGlobe Network Privacy Policy. ChristianGlobe Network and/or eSermons.com may from time to time change this policy in its sole discretion. You understand and agree that such changed policies are enforceable promptly after receipt of changed policies from the ChristianGlobe Network .
--Privacy Principles:--
Because your privacy is important to us, eSermons.com and the ChristianGlobe Network conducts its business under the following principles:
Principal 1 - Use of Cookies
Cookies are pieces of information that a Web site transfers to your computer's hard disk for record-keeping purposes. Cookies can make a Web site more useful by personalizing information for visitors and by storing information about your preferences on a particular site. The use of cookies is an industry standard, and many major Web sites use them to provide useful features for their customers.
It is ESermons.com policy to use cookies only for the following purposes:
To identify you
To customize our site for you
To help improve navigation
Most browsers are initially set up to accept cookies. If you would prefer, you can set your browser to reject cookies. However, you will not be able to take full advantage of our Web site if you do so.
Principle 2 - Personal Information
Our site's registration form may require users who signed up for our service to give us contact information (such as their name and email address), and financial information (such as their credit card numbers). Personal and financial information that is collected is used to check the user's qualifications for registration and to bill the user for products and services. eSermons.com does not store such information linked to a cookie.
We may use this information to:
Send you a weekly newsletter of illustrations for the upcoming Sunday
Contact you when necessary
Send you information about our company
Send you promotional material from some of our partners
Users may opt-out of receiving future mailings and will be notified of how to do so.
7. SECURITY INFORMATION
eSermons.com has advanced security measures in place to prevent the loss, misuse or adulteration of data. These measures include Secure Socket Layer encryption and the use of a reliable Firewall. For more information, see the ESermons.com Security Policy on the ESermons.com Web site. Any questions or concerns about security can be addressed to esermons@clergy.net.
8. INDEMNIFICATION
You agree to defend, at your expense, any action brought against Developer arising out of your use of the Service with any third parties or from your willful misconduct. You will indemnify Developer from any costs, damages and fees incurred by eSermons.com , which are attributable to such a claim.
9 LIMITATION OF LIABILITY
The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. eSermons.com and/or its respective suppliers may make improvements and/or changes in the Service at any time. eSermons.com does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. eSermons.com does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that eSermons.com shall not be responsible for unauthorized access to or alteration of your data. Further, eSermons.com and ChristianGlobe Network reserves the right to make changes to any and all parts of the eSermons.com Web site, without obligation to notify any person or entity of such changes.
10. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY DEVELOPER, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. DEVELOPER DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATIONS OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
11. EXCLUSIVE REMEDY
Developer's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to Developer for use of the Service. In no event shall Developer be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Developer has been advised of the possibility of such damages.
12. EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES
DEVELOPER WILL NOT BE LIABLE TO USER OR ANY THIRD-PARTY CLAIMANT FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOREGOING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
13. PROPRIETARY RIGHTS TO CONTENTS
Title, ownership rights, and intellectual property rights in and to the Service shall remain with the Developer. The Service and the intellectual property operating it are protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content, and code accessed through the Service is the property of the Developer and may be protected by applicable copyright or other law. This License gives you no rights to such content or code. All contents of the Service are: Copyright 2002 ChristianGlobe Network, and/or its suppliers c/o ChristianGlobe Network, 4202 Gwynne Rd. Memphis TN 38117. All rights reserved. ChristianGlobe Network, and/or other ChristianGlobe Network products and services referenced herein are either trademarks or registered trademarks of ChristianGlobe Network.
Title, ownership rights, and intellectual property rights in and to the Service shall remain with the Developer and/or its partners. The Service and the intellectual property operating it are protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content, and code accessed through the Service is the property of the Developer and/or its partners and may be protected by applicable copyright or other law. This License gives you no rights to such content or code. All contents of the Service are: Copyright 2002 ChristianGlobe Network, and/or its suppliers c/o ChristianGlobe Network, 4202 Gwynne Rd. Memphis TN 38117. All rights reserved. ChristianGlobe Network and/or other ChristianGlobe Network products and services referenced herein are either trademarks or registered trademarks of ChristianGlobe Network.
14. MISCELLANEOUS
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only in writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under Tennessee law as such law applies to agreements between Tennessee residents entered into and to be performed within Tennessee, except as governed by Federal law. U.S. Government Restricted Rights. Manufacturer is ChristianGlobe Network, 4202 Gwynne Rd. Memphis TN 38117, U.S.A.
15. TERMINATION
This license will terminate automatically if you fail to comply with the limitations described above. Upon termination, you account for eSermons.com and other services administered by the ChristianGlobe Network will be terminated.
16. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
ChristianGlobe Network reserves the right to change its terms of service policy at any time and to notify you by posting an updated version of the policy on this Web site. You are responsible for regularly reviewing the policy. Continued use of the service after any such changes shall constitute your consent to such changes.