Term of Use
1. Introduction
A. Welcome to Colossus Mission Inc. .
B. This website, www.colossusmission.org (the “Site”) is owned and operated by Colossus Mission Inc . (Collectively, with its subsidiaries and affiliates, “Colossus Mission Inc.”, “we”, “us” or “our”).
C. Your access to and use of our Site and our Services, including any content, functionality, and services offered on or through the Site (the “Services”) governed by these Terms of Use and our privacy policy (which may be found here and as amended from time to time, and which is incorporated by reference herein (“Privacy Policy”) (collectively, these “Terms”). References to “User”, “you” or ““your” mean you as a visitor to our Site or as a member. The Terms apply to you as applicable to the type of user you are. If you are helping another person, use our Site, these Terms constitute a legally binding agreement between you, the person being helped, and the Company, and “User”, “you”, or “your” shall also include the person being helped.
D. IMPORTANT – PLEASE READ CAREFULLY.
i. THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE OR THE SERVICES. IMPORTANT: THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. Please carefully review Sections 19, 20, and 21 of these Terms for more information.
2. Changes to the Terms
E. We may revise and update these Terms from time to time in our sole discretion, with or without notice, and we will post the modified Terms here or other website page, post a notice to the login page, or notify you by email. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in Section 19. will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site.
F. You acknowledge and agree that it is your responsibility to review the Terms periodically to familiarize yourself with any modifications. With respect to such modified Terms, we may, at our sole discretion, require you to execute a “click accept” agreement incorporated into or as a condition of accessing or using the Services. Even without such a “click accept” agreement, your continued use of the Site or our Services after such modifications will constitute your acknowledgement and agreement of the modified Terms. If you do not agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to fully use the Site or the Services.
3. Privacy
G. Personal Information. We will maintain and use your “Personal Information” as defined in, and according to, our Privacy Policy.
H. Used By Minors. Please note that we do not knowingly collect or solicit Personal Information from children under 18. If you are under 18, please do not attempt to register for the Site or the Services or send any Personal Information about yourself to us. If we learn we have collected Personal Information from a child under 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us with Personal Information, please contact us.
4. Registration; Account Ownership
I. The Site and the Services are intended for access and use by individuals who are at least 18 years old, and by agreeing to the Terms you represent (I) that you are at least 18 years old and reside in a state, region, or country in which the Site and Services may legally be provided, (ii) you are the person whose name and other information have been provided for the account that you have or are creating, (iii) that you have not previously been suspended or removed from the Site or use of the Services, and, (iv) that your registration and your use of the Site and the Services is in compliance with any and all applicable laws and regulations.
J. All information you give us in creating your user account must be accurate. You are responsible for maintaining the confidentiality of your account and password. We may reject any username that violates these Terms, including any username that uses another person’s identity or that violates our content posting guidelines.
K. You are responsible for maintaining confidentiality of your password.
5. Grant of Access
L. During the time you have an active User account which has not had access suspended or terminated, we grant you a personal, limited, non-transferable, non-exclusive right to access and use the Site and our Services as set forth in these Terms, provided that (I) your use of the Service as permitted hereunder is solely for your personal, non-commercial use; (ii) you will use the Site and the Services only for purposes that are permitted by these Terms; (iii) you will use the Site and the Services in accordance with all applicable laws and regulations; and, (iv) you will otherwise comply in full with these Terms.
6. Availability of Our Site
M. Availability. We shall use commercially reasonable efforts to provide continuous access to the Site. We do not guarantee that the Site will be accessible. The Site may be unavailable during maintenance periods or during an emergency. In addition to normal maintenance, there may be events that will make the Service inaccessible for a limited amount of time due to unforeseen circumstances. We reserve the right to change your password if we believe it is unsecure. We have the right to refuse access to the Site.
N. Force Majeure Events. We shall not be liable to you or any other person, firm or entity for any unavailability of the Site or Services if such failure is due to any cause beyond our reasonable control, including, but not limited to (I) labor disputes, strikes, or lockouts (but excluding nonunion labor shortage or disputes), or labor unavailability or workplace closure as required or recommended by government or agency due to pandemic, epidemic, or other widespread health emergency (e.g., SARS, coronavirus, etc.); (ii) riots, war, acts of terrorism, or other civil disturbance; (iii) fire, flood, earthquake, tornado, hurricane, snow, ice, lightning, or other natural disasters, elements of nature or acts of God, (iv) outages, cable cuts, power crisis shortages, infrastructure outages or failures, internet failures, interruption or failure of telecommunications carriers or digital transmission links, network congestion, computer equipment failures, telecommunication equipment or other equipment failures, electrical power failures, loss of or fluctuations in heat, light, or air conditioning, all of the foregoing in this Subsection (iv) being of or due to third party providers or utility service providers; (v) acts of computer, system, or network sabotage or file lockup (e.g., ransomware attack), DDOS or other network attacks, intrusion, or other failures; (vi) any law, order, regulation, direction, action or request of the United States, state or local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of such instrumentality, or of any civil or military authority, or national emergencies, including imposing an embargo, export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown; (vii) national or regional shortage of adequate power or telecommunications or transportation; or, (viii) supply chain interruption due to any of the foregoing.
O. We can subcontract services, such as, but not limited to, outside hosting and storage, to third parties, which may be inside or outside the United States.
7. Restrictions on Use of the Site
P. You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
ii.In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
iii. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
iv. To send, knowingly receive, upload, download, use or re-use any material which does not comply with the User Content guidelines set out in these Terms or on our Site.
v.To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail, “chain letter” or “spam” or “spam” or “spam” or “spam” or any other similar solicitation.
vi. To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
vii. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.
Q. Additionally, you agree not to:
viii. Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
ix. Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
x. Use any device, software or routine that interferes with the proper working of the Site.
xi. Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
xii. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
xiii. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
xiv. Otherwise attempt to interfere with the proper working of the Site.
8. User Content Posting
R. The Site may, now or in the future, permit the submission of text, files, images, photos, videos, sounds, musical works, works of authorship or other materials and content by you (including any information regarding the good, item or object a User is seeking) (“User Content”). We do not endorse or approve any User Content that you or other Users contribute or post. We respect the intellectual property rights of others. You must have the legal right to upload any User Content to the Service. You are solely responsible for any content that you create, transmit, or display while using the Site. For the avoidance of doubt, the term “User Content” refers to any materials, including, but not limited to code, text, links, images, photographs, messages, graphics, music, sounds, video, files, data, software, applications, and any other materials User may store on or about the Service.
S. You agree to not upload or post any User Content to the Site that infringes or may infringe the copyright, trademark, or other intellectual property rights of a third party nor may you upload User Content that violates any third party’s right of privacy or right of publicity. You may upload only User Content that you are permitted to upload by the owner or by law.
T. All User Content you post or submit for posting to the Site is deemed nonconfidential.
U. You agree to not engage or permit others to have access to your login credentials to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information or content.
V. User Content You Submit for Posting on Our Site.
You are responsible for all content that you post on, transmit through or download from the Site. You may not post content that:
xv. Is not your own original creation or that you do not have permission to use (keep in mind that just because something on the internet does not have a copyright notice on it doesn’t mean you can use it without permission);
xvi. Infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner;
xvii. You know to be inaccurate;
xviii. Is pornographic, sexually explicit, or obscene;
xix. Exploits children or minors;
xx. Violates the rights of privacy or publicity of any person;
xxi. Is harassing, libelous, slanderous, or defamatory;
xxii. Contains any personally identifying information about any person without their consent or about any person who is a minor;
xxiii. May be deemed generally offensive to the Site community, including blatant expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism;
xxiv. Includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose;
xxv. Is off topic;
xxvi. Is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice;
xxvii. Is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person;
xxviii. Violates any local, state, federal, and/or international laws or regulations;
xxix. Promotes or provides instructional information about illegal or illicit activities;
xxx. Contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or,
xxxi. It is intended to overwhelm, cause technical disruptions of or denial of service to the Site.
W. User Content License from You
xxxii. You retain copyright and any other rights you already hold in User Content which you submit, post or display on or through, the Site. When you post or submit for posting User Content to the Site, you expressly grant to us and to our affiliates, agents, representatives, licensors or other third party partners, and our successors and assigns, a nonexclusive, worldwide, perpetual, irrevocable, sub-licensable license and right to use, without restriction, including, but not limited to the right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display or perform the User Content and to provide such User Content to any other user of the Service, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party (collectively, the “License”). You grant us all licenses, consents and clearances to enable the use of such User Content for such purposes. You waive and agree not to assert any moral or similar rights you may have in such User Content.
xxxiii. You agree that this License includes a right for us to make such User Content available to other companies, organizations or individuals with whom we have relationships for the provision of syndicated services, and to use such User Content in connection with the provision of those services.
xxxiv. You understand that we, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, services or media. You agree that the License shall permit us to take these actions.
X. Removal of User Content. We reserve the right (but has no obligation) to remove, block, edit, move or disable User Content that is objectionable to us for any reason. The decision to remove User Content or other Content at any time is in our sole and final discretion. To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for User Content or for any failure to or delay in removing User Content or other Content. You are solely responsible for your User Content and may be held liable for User Content that you post.
9. DMCA Notice.
· If you believe that any content on the Site violates these Terms or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512 “DMCA”). In the case of an alleged infringement, please provide the following information:
Y. A description of the copyrighted work or other intellectual property that you claim has been infringed;
Z. A description of where the material that you claim is infringing is located on the Site (including the exact URL);
AA. An address, a telephone number, and an e-mail address where we can contact you;
BB. A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
CC. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and
DD. Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
EE. We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to the designated agent listed below.
xxxv. Williams Teusink, LLC
Attn: DMCA Agent for Colossus Mission Inc. .
Address: 312 Sycamore St, Decatur, GA 30030
Phone: 404.373.9590
Email: [email protected]
FF. We have the right to terminate the User account of any User who repeatedly submits content that violates our intellectual property policies. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had User Content removed from the Site more than twice.
10. Billing; Payment
GG. Purchases
xxxvi. Donations. Donations for our Services are described on the applicable Site page. We may change our donations at any time, and this will be effective when posted.
xxxvii. Payment Terms
1. Unless different payment terms are specified in a Site, all donations are due in full upon purchase of the applicable Service or product.
HH. Donations. Donations made through the Site are verified, secure and confidential. Like any tax-deductible charitable contribution, any electronic giving made through the Site by credit card or electronic transfer is considered irrevocable at the time the contribution is submitted on the Site. For further information or questions concerning donations, you may contact us toll free at 888-543-3103 (8am to 6pm EST), Monday through Friday or visit our Site at: www.colossusmission.org
II. Credit Card Processing. We use a third-party payment processing service for processing credit card payments. Your use of any of these providers’ services is subject to your agreement to and continued compliance with their terms and conditions.
JJ. Recurring Charges for Subscription Services. When you subscribe to the Services, you acknowledge, agree, and accept that:
xxxviii. You are responsible for paying the monthly or annual donation(s) associated with your account on the payment due date, for as long as your account is open, regardless of whether you are logging into your account or using the Services.
xxxix. Where you have given us credit card pre-authorization for recurring charges, we will automatically charge the credit/debit card on file for your account (the “payment method”) for all monies owing on your account, for as long as your account is open, regardless of whether or not you are logging into your account or using the Services.
xl. When you enter or update the payment method, a temporary $1.00 transaction may appear as debited from the payment method. This temporary $1.00 transaction is a necessary authorization used to verify the payment method with your bank or financial institution and should disappear within about three days.
xli. If we are unable to collect payment from the payment method, for whatever reason, we reserve the right to continue to attempt to collect payment from the payment method until such time as payment collection is successful or the related account is deleted.
xlii. In no event shall we be held responsible or otherwise liable for any donation(s) assessed to you, or any other person or party, by any bank or financial institution as a result of any billing action related to your account and/or the Services.
xliii. Any chargeback(s) we receive with respect to any payment(s) collected from the payment method on your account will result in the immediate interruption and/or termination of your account and all associated Services.
xliv. You are solely responsible for updating the payment method as changes become necessary.
xlv. We reserve the right to change the price of any of the Services, at any time, with or without notice. In any case where notice is given, such notice will be sent to the email address on file for your account. The new donations will apply starting next month you are charged.
xlvi. We may discontinue any discount code at any time without prior notice. No discount code may be redeemed for cash or transferred. All discount codes are applicable for one-time use only.
xlvii. Monthly billing statements are posted to the billing history area of your account on the day any charge(s) occurs. Monthly billing statements are also emailed to the email address on file for your account on the day any charge(s) occur.
11. Refunds.
· Our refund policy is available at www.colossusmission.org/refund-policy/, as such policy may be updated from time to time in our sole discretion and is hereby incorporated into these Terms by this reference.
12. Suspension of Service
KK. Suspension. We may suspend your account and access to the Service, with or without notice, if you violate any provision of these Terms.
LL. The Effects of Account Suspension. Upon any suspension of your account, all Service associated with your account will be suspended or otherwise made inaccessible until and unless all issues are addressed and resolved by you, to our satisfaction, and within the time frame we specify. During any suspension of your account or any individual Service, you will not be permitted to: (I) add, upgrade, downgrade or modify any of the Service; (ii) request an emergency restoration; (iii) transfer any Service; (iv) access any of the websites, email accounts or User Content associated with the suspended Service or account. You agree to hold us harmless from and against any and all claims, losses or damages arising from any suspension of your account or the individual Service.
13. Term; Termination
MM. Term. These Terms shall commence upon your use of the Site or the Service and shall continue until terminated.
NN. Termination.
xlviii. We reserve the right to deactivate any accounts which have not been active for at least six (6) months. We reserve the right to delete data in deactivated accounts.
xlix. We reserve the right to stop providing the Site or the Service to you or access to the Site at any time for any reason and without prior notice.
l. We reserve the right, in our sole discretion, to close your account, without prior notice, for any one or all of the following: (I) if you breach, whether intentional or unintentional, any of these Terms, any supplemental rules and guidelines, any of the terms and conditions of the respective service providers, or any of our rights; (ii) if we receive notice that you will be or are subject to insolvency proceedings; (iii) upon our receipt of any third party chargeback associated with any payment method tendered as payment on your account; (iv) if we do not receive a written response from you within 48 hours of any notice sent to you by our abuse department; (v) if, in our judgment, your use of the Site or the Service has the potential to pose any harm to us, any of our affiliates, partners, service providers or customers; (vi) if your account becomes past due and is not paid within twenty days of becoming past due; (vii) if a hacked script or otherwise compromised website is discovered on our systems at the Service in use by you; (viii) if an unusual spike in resource usage is detected by our systems resulting in an account far outstripping the allotted resources; (ix) if you fail to cure any suspension of your account or any individual Service, to our satisfaction, and within the time frame we specify; or (x) if, in our judgment, we have received too many complaints about your User Content (where submission of User Content is permitted). In the event of any such closure of your account, you will not be eligible for a refund of any donations, and you may be prohibited from reopening your account, opening a new account or accessing any existing account. You agree that we shall not be liable, in any way, for any closure pursuant to this section of the Terms.
li.Upon any closure of your account: (I) these Terms and all rights granted hereunder shall cease immediately (except those expressly surviving or which by their nature would survive); (ii) all access to the Service and your account will cease immediately; (iii) you will be billed for, and we may automatically attempt to collect from your payment method, any outstanding amount owed. You agree to indemnify and hold us harmless from and against any and all claims, losses, or damages arising from any closure of your account. Any and all sections in these Terms which impose obligations continuing in their nature shall survive closure or otherwise continue to remain in full force and effect even after account closure. You are not permitted to access your account or any of the Service formerly associated with your account following any closure.
14. Intellectual Property
OO. Ownership. You agree that use of the Site and the Services does not constitute any basis for ownership of the Site or the Service and that we, our affiliates or our licensors own all legal right, title, and interest in and to the Site and the Services and all information, materials, images, software, photographs, articles, functions, text, and other content solely provided by or on our behalf on the Services (specifically excluding any User Content that is, as between you and us, your property but licensed to us). The Site and the Services and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws of the United States and other countries. We reserve all rights not expressly granted herein in and to the Site and the Services. Unless otherwise noted, our name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Site are our property, or that of our affiliates or licensors. All third-party trademarks, service marks, trade names, logos or other designations of source are the property of their respective owners. Nothing on the Site shall be construed as granting any license or right not expressly set forth herein. Any unauthorized use of the Site or the Services will terminate the permission or license granted herein and may violate applicable law.
PP. Any improvements or modifications you suggest to our Site or Services we shall own, and you agree to and do hereby assign to us all your right, title and interest in and to any modifications and improvements automatically upon creation and without the need for further action, consideration, or notice to affect such assignment.
15. Disclaimers
QQ. THE SERVICES AND THE SITE AND THE CONTENT, MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, VIDEOS, AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OTHER THAN AS EXPRESSLY STATED HEREIN. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING, OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE, SOFTWARE, OR RELATED TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVICES OR THE SERVER THAT ENABLES THE SERVICES TO BE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. DEPENDING ON THE STATE IN WHICH YOU RESIDE SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
16. Limitation of Liability
RR.WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY OTHER PERSON OR COMPANY MAY SUFFER. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF THE SERVICES) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR OR OUR CONTRACTORS’ SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOW OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF THE SERVICE, THE USE OF THE SITE OR THE SERVICE, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE OR THE SERVICE, THE NON-DELIVERY OR MIS-DELIVERY OF DATA BETWEEN YOU AND US, EVENTS BEYOND OUR REASONABLE CONTROL, THE NON-RECOGNITION OF OUR HOSTING SERVERS, THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY DONATIONS HEREUNDER, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE ITS CUSTOMERS MAY UTILIZE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN.
SS. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, ATTORNEYS, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF OR RELATING TO THE SITE, SERVICE, OR ANY USER CONTENT IS TO STOP USING THE SITE AND THE SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT WE, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, ATTORNEYS, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON OR COMPANY REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SITE. IN NO CASE SHALL THE LIABILITY OF US, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, ATTORNEYS, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS TO YOU EXCEED THE GREATER OF THE AMOUNT THAT YOU PAID TO US FOR THE SERVICE OR ONE HUNDRED DOLLARS (US$100).
TT. Exceptions by Some States on Non-Allowance of Exclusion.
lii. BECAUSE SOME STATES, COUNTRIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, ATTORNEYS, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
liii. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
17. Indemnification
UU. By utilizing the Site or the Service you agree to indemnify, defend and hold us and our officers, directors, employees, agents, and affiliates harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ donations) incurred by us through your use of the Site or the Services or your posting or submission of User Content in violation of these Terms (including, but not limited to, negligent or wrongful conduct, infringement of any third party’s intellectual property, confidentiality, privacy or publicity rights). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. This section shall survive any expiration or termination of the Terms.
18. Cooperation with Law Enforcement and Government Agencies; Required Disclosures
VV. You acknowledge that we have the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights infringement and website security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Site or the Services, but we have the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental or regulatory body.
WW. You understand and agree that we may disclose your Personal Information if required to do so by law, court order, legal process, or subpoena, including to respond to any government or regulatory request (after, if permitted, giving reasonable notice to you and using commercially reasonable efforts to provide you with the opportunity to seek a protective order or the equivalent (at your expense), or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates or partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce these Terms (including for billing and collection purposes), take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our Site; or, (c) to exercise or protect the rights, property, or the safety of us, our users or others.
19. Disputes; Resolution
XX. Time Limitation. Any claim or action against us must be brought within twelve (12) months of the cause arising, otherwise such claim or action is permanently barred.
YY.Faith-Based Mediation and Arbitration. Other than for the grounds set forth in Section 19.C, in the event of any dispute, claim, question or disagreement arising from or relating to the Terms or the breach thereof (collectively, “Disputes”), the parties hereto agree that any such Disputes shall be settled by mediation and, if necessary, legally binding arbitration in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation (complete text of the Rules is available at www.instituteforchristianconciliation.com). Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. The parties understand and agree that these methods shall be the sole remedy for any controversy or claim arising out of a Dispute and expressly waive their right to a jury and/or to file a lawsuit in any civil court against one another for such Disputes, except to enforce an arbitration decision.
ZZ.Exceptions to Agreement to Arbitrate. You agree that we have the right to file and maintain an action in court to resolve disputes relating to: (a) your or our intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents); or (b) your violation of our User Content Posting Guidelines.
20. Class Action Waiver.
· Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
21. Waiver of Jury Trial.
· Each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any legal action arising out of or relating to these Terms or the transactions contemplated hereby.
22. Location of Operation.
· Our Site is operated from the State of Georgia, United States of America, and we make no representation that content provided is applicable or appropriate for use in other locations. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Your use of the Site does not subject us to judicial process in or to the jurisdiction of courts or other tribunals in your jurisdiction or location.
23. Communications
AAA. By creating a User account or giving us any contact information, you agree to and do hereby consent to receive mail and electronic communications (email, text/SMS and by telephone) from us and/or by posting the Communications on the Site (e.g., by posting notices on your account profile page) concerning information and/or our Services (collectively, “Communications”). For Users with an account, Communications may be those that we are required to send to you by law concerning us, your account or information, the Site, or the Services (“Required Communications”). The Communications may also be those that we send to you for other reasons. You may change the email or mobile phone number on file for your account by visiting your account profile page or by contacting us. You may opt out of receiving all Communications, other than Required Communications, via email by sending a notice to us that identifies your full name, username and email address; however, you will not receive any further electronic notices from us (other than Required Communications), which notices may include important notices or announcements.
24. General
BBB. Governing Law. For all legal proceedings arising out of use of the Site, the Services, and/or relating to these Terms, these Terms and the relationship between you and us shall, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the State of Georgia. You and we hereby irrevocably and unconditionally submit to the jurisdiction of courts located in Atlanta, Georgia, or the court of competent jurisdiction closest thereto if no court of competent jurisdiction resides therein, and the parties' consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. You and we irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
CCC. Assignment. You may not assign, convey, or transfer (whether by contract, merger or operation of law) (collectively, “assign” or variants) these Terms, in whole or in part, without our prior written consent, which may be granted or withheld by us in our sole discretion. Any attempted assignment in violation of these Terms will be of no power or effect. We may assign these Terms freely at any time without notice. Subject to the foregoing, these Terms will bind and inure to the benefit of each party’s permitted successors and assigns. We reserve the right to, and you hereby consent to, our right to disclose, transfer, and/or assign your Personal Information in connection with a merger, consolidation, restructuring, financing, sale, or other transaction or pursuant to any court proceeding. In addition, if a potential buyer is interested in purchasing us, you agree that we may provide the potential buyer with your Personal Information on a confidential basis and subject to the use restrictions in these Terms.
DDD. Entire Agreement. These Terms, including the Privacy Policy (and updates to the foregoing), and any other terms agreed to by way of your express consent or your use of the Site or the Services shall constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and shall supersede any and all prior or contemporaneous representations or understandings relating to this subject matter. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration. The failure of ours to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or our right to act with respect to subsequent or similar breaches.
EEE. Headings. The headings of sections and paragraphs in these Terms are for convenience only and should not affect its interpretation.
FFF. Waiver. The failure to exercise or enforce any right or provision shall not affect our right to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
GGG. Severability. If any portion of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, the remaining provisions of these Terms shall remain in full force and effect.
HHH. Independent Contractor. The parties intend that an independent contractor relationship will be created by these Terms, and that no additional partnership, joint venture, employee, employer or other relationship is intended. You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership or venture with, nor as an employee or employer of ours, any of our affiliates or respective service providers. There are no third-party beneficiaries to these Terms.
III. Notices. You agree that we may provide you with notices, including those regarding changes to these Terms, by email to the address you provided at the time of registration, or such changed address as you provide to us in your account data. Our address for notices is set for the below.
JJJ. Contact Us. Our contact information is: Colossus Mission Inc.; Attn: Member Care Services; Email: [email protected] . You may also visit our “Contact Us” website page at www.colossusmission.org/contact-us.
