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MOUNT OLIVET

TERMS OF USE

 

Welcome to the Mount Olivet Lutheran Church website, which is owned and operated by Mount Olivet Lutheran Church, Evangelical Mount Olivet Lutheran Church (“Mount Olivet”).

 

  1. Terms of Use; Modifications.

This Terms of Use document (“Agreement”) governs the use of this website and other web pages or content that links to the Agreement (the “Website”). Mount Olivet reserves the right to modify the Agreement at any time without giving you prior notice.  The last date this Agreement was revised is set forth below.

 

Some portions of the Website are supported by third party services. Use of such portions of the Website may be subject to third party terms of use and privacy policies, including terms and policies located at https://www.elexiopulse.com/Legal/TOS.aspx and https://www.elexiopulse.com/legal/privacypolicy.aspx.

 

By accessing and using the Website, or by opening or maintaining an account on the Website, you agree to each of the terms and conditions set forth in the current version of the Agreement and to abide by any applicable third party terms or policies. If you do not agree to be bound by this Agreement in its current form, then you must immediately stop using the Website and terminate any account you may hold.

 

  1. License to You.

 

The material, information and content that you see, hear or otherwise experience on the Website, including any updates, enhancements and new features (collectively, the “Content”), is provided subject to the terms of this Agreement.

 

The Website and Content are protected by U.S. and international copyright, trademark and other laws, and belong to Mount Olivet or its contributors or licensors. Mount Olivet grants you a personal, non-exclusive, non-transferable and revocable license to use the Website and the Content for personal use only and subject to this Agreement.  You must not copy, transmit, modify, distribute, make available to the public or create any derivative works from any of the content that you find on our website for commercial purposes without first obtaining our consent to do so.  Any computer code used to generate or display the Content is also protected by U.S. and international copyright, trademark and other laws, and you may not copy or modify such code except as needed to view the Website and Content as permitted above. 

 

Except as stated in this Section 4(a), nothing in this Agreement shall be construed as conferring any other license to intellectual property rights, whether by estoppel, implication or otherwise. The above license is revocable at any time without notice and with or without cause

 

  1. User Conduct.

     

    As a condition of obtaining license rights in Section 2 above, you agree that you will not:

     

      1. Send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting or advertising products or services to any other Website user;

      2. Contact any users that have specifically requested not to be contacted by you, or engage in activity that is likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person, as determined in Mount Olivet’s sole discretion;

      3. Reuse the Content for any commercial purposes;

      4. Use any tool or utility to navigate or search any Website other than the tools available on the Website or other tools approved by Mount Olivet;

      5. Use any data mining mechanism, robot or similar data gathering or extraction methods on the Website, Content or Mount Olivet systems;

      6. Mirror, replicate, or frame the home page or any other pages of Website on any other environment (including without limitation, uploading or republishing Content on any other website or incorporating the Content in any other database or compilation for any purpose);

      7. Transmit, post, distribute, store or destroy the Content in violation of any applicable law or regulation or this Agreement, including but not limited to laws or regulations governing the collection, processing or transfer of personal information;

      8. Take any action that adversely impacts the Website or Mount Olivet’s systems or infrastructure;

      9. Violate or attempt to violate the security of any Website or Mount Olivet system, including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

      10. Reverse engineer or decompile any part of any Website or Content; or,

      11. Use the Website or Content for any unlawful purpose or any illegal activity.

  2. Account Holder Terms.

     

    The following terms apply to Website account holders:

     

    1. Website Accounts. You may open and maintain an account through the Website provided (i) you qualify to open or maintain an account under account policies provided by Mount Olivet on the Website, and (ii) you remain in compliance with this Agreement and the terms and policies of its third party service providers. You understand and agree that you have no ownership interest in your account and if your account is cancelled or terminated (whether by you or Mount Olivet), all your account information and any material you may have posted to the Website or otherwise submitted to Mount Olivet may be deleted from the Website or Mount Olivet's databases in Mount Olivet’s sole discretion.

       

    2. Account Information. You may use your account to post information or media in the forms supported or permitted by the Website (this, together with all other information or materials you provide Mount Olivet through the Website, shall collectively be known as “Account Information”). Mount Olivet claims no ownership of Account Information or control of its content. By providing account information through the Website, you grant Mount Olivet a perpetual, worldwide, non-exclusive, royalty-free license to reproduce, modify, distribute and publish the Account Information, without any restriction or responsibilities to you except to the extent you set limitations through account privacy setting. You may only provide Account Information that you have the legal right to submit for unlimited public display and distribution.

       

    3. Online and Print Directories. Mount Olivet will include portions of your Account Information in its online or print directories, unless you opt out by choosing not to be included in the directories in the privacy settings of your Website account.

       

    4. Limitations on Account Information. You may not submit any Account Information that contains:

       

      1. Any content that infringes or violates the rights of others, including without limitation intellectual property rights, in any way;

      2. In Mt. Olivet’s sole discretion, content that is false, misleading, defamatory, libelous, offensive, obscene, threatening, abusive, hateful, racist, discriminatory, or of a menacing character, or that is further likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person;

      3. Any content that does not comply with applicable local, national and international laws;

      4. Any content that consists of promotional or advertising material for products or services; or,

      5. Any content in a format other than what is explicitly permitted by the Website (including without limitation, content that includes hidden pages, links, images or other tracking mechanisms).

         

    5. Account Credentials. You will obtain a username and password (“Account Credentials”) when opening an account. You are solely responsible for maintaining the confidentiality of your Account Credentials. You may not share your Account Credentials on a temporary or permanent basis with any other party, and you shall be responsible for all uses of your Account Credentials whether or not authorized by you. If you believe your Account Credentials have been lost, stolen, or otherwise compromised, please contact Business Administrator.

       

    6. Reservation of Rights. Mount Olivet reserves the right to suspend or delete accounts or account information (i) after any significant duration of inactivity; (ii) after a breach of this Agreement, of third party service provider terms or policies, or of any other account policies or limitations that may be provided by Mount Olivet; (iii) if such material may create liability for Mt. Olivet or its third party service providers; or (iv) if Mt. Olivet reasonably believes such action is in the best interest of Mount Olivet or the operation of the Website. To the extent permitted by law, Mount Olivet shall in no event be liable for the deletion, loss or unauthorized modification of any account or account information.

       

    7. Account information not generally reviewed; no obligation to review. While Mount Olivet reserves the right in its sole discretion to remove accounts or account information from the Website, Mount Olivet does not routinely screen or review such information or assume any obligation to do so, and to the extent permitted by law, Mount Olivet disclaims any liability for failing to take any such action.

 

  1. Mount Olivet Liability and Disclaimers.

     

    1. Role of Mount Olivet. The Website includes tools that allow users to access contact information and other information that other Website users choose to make available on the Website. Mount Olivet does not monitor discussions or interactions between users. You understand and agree that:

       

      1. Mount Olivet has no liability or responsibility for Account Information and any other Content originating from Website users or any other third parties, or for your use of or access to any Account Information, other Content or the Website; and,

      2. Mount Olivet does not make any recommendations, representations or guarantees regarding any individuals that may post Account Information. Mount Olivet does not perform background checks on any user or any other third parties for purposes of using the Website or opening an account. Mount Olivet further does not verify the identity of any user of the Website, except to the extent that it requires Account Credentials for logging into an account.

         

    2. No Role in Disputes. You assume all risks associated with dealing with other users with whom you come in contact through the Website. In the event that you have a dispute with any other user of the Website, you understand and agree that Mount Olivet has no role or responsibility in the dispute and you release Mount Olivet from all claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.

       

    3. Third Party Links. Hypertext links to third party websites or information do not constitute or imply the endorsement, sponsorship or recommendation by Mount Olivet of the third party, the third party website, or the information contained therein. You acknowledge and agree that Mount Olivet is not responsible for the availability of any such websites and that Mount Olivet does not endorse or warrant, and is not responsible or liable for, any such website or the content thereon. Further, you should consult the privacy statements or policies posted on third party websites to determine how the third party may use personal information that is provided by or collected from you. Mount Olivet disclaims any and all responsibility and liability for the collection and transfer of information collected by such other third party websites.

    4. Security. Mount Olivet strives to protect the personal information and privacy of its users, but no Internet website is 100% secure. Thus, your use of the Website to transmit or store personally identifiable information is at your own risk.

  2. General Disclaimer of Warranties. MOUNT OLIVET PROVIDES THE WEBSITE AND ALL CONTENT STRICTLY ON AN "AS-IS" AND “AS AVAILABLE” BASIS. EXCEPT TO THE EXTENT REQUIRED BY ANY MANDATORY APPLICABLE LAW,MOUNT OLIVET MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY WEBSITE OR CONTENT. MOUNT OLIVET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE AND NON-INFRINGEMENT. MOUNT OLIVET DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS IN THE WEBSITE OR THE CONTENT WILL BE CORRECTED. MOUNT OLIVET DOES NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEBSITE OR CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED.

     

  3. Limitation of Liability. TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL MOUNT OLIVET, OR ANY OF ITS MEMBERS, EMPLOYEES, VENDORS OR AGENTS, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES), ANY LOSS OF PROFITS, DATA, OPPORTUNITY, SAVINGS OR INTEREST, OR ANY PENALTIES OR ASSESSMENTS IMPOSED UNDER APPLICABLE TAX LAWS OR OTHERWISE, RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOUNT OLIVET IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

     

  4. General Reservation of Rights. Mount Olivet reserves the right in its sole discretion, and at any time, under no penalty or liability of any kind, to: (a) suspend or terminate access or use of all or any part of the Website; (b) change the format and contents of the Website; or (c) suspend, terminate operation, or block all or part of the Website.

     

  5. Indemnification. Mount Olivet provides the Website and Content solely as an accommodation to you, and Mount Olivet will not accept any risks arising from your use of such Website or Content. You agree to indemnify, defend and hold harmless Mount Olivet, any partners, licensors, employees, agents, and contractors from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) your use, reliance on, misuse, or inability to use the Website or the Content; (ii) your failure to maintain the security and secrecy of your Account Credentials and any resulting unauthorized access or damage, including access or damage caused by third parties; (iii) claims related to Account Information or other information or material you provide to Mount Olivet, to any Website user or to any third party you contact in connection with the Website, including without limitation claims of infringement, false advertising, or defamation; (iv) claims arising from your contact with any user of the Website, or (v) any violation by you of this Agreement or terms or policies of Mt. Olivet’s service providers.

     

  6. General Provisions. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by Mount Olivet of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Agreement, all of which will remain in full force and effect. Any and all disputes relating to the Agreement, or your use of the Website or the Content (collectively, “Disputes”) are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of laws provisions. Any Dispute will be venued in a state or federal court situated in Minneapolis, Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose. Mount Olivet makes no guarantees or representations that the Website or Content may be lawfully viewed or accessed outside of the United States. If you access the Website or view Content you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree not to make any unauthorized commercial use of the Website or Content.

     

  7. Privacy Terms. Please see Mount Olivet’s Privacy Statement at www.mtolivet.org regarding Mount Olivet’s information practices. Portions of the Website are further subject to the privacy policy of Mt. Olivet’s third party service provider at https://www.elexiopulse.com/legal/privacypolicy.aspx. If you have questions regarding the use of your information, please contact Business Administrator.

     

  8. Contact. If you have questions regarding this Agreement, please contact:

     

    612-926-7651 Business Administrator

     

    DATE OF LAST MODIFICATION – [5-15-2013]