THE FOLLOWING DESCRIBES THE TERMS ON WHICH CHRISTIAN HOME LIVING OFFERS YOU ACCESS TO THE KEEPING UP AT HOME SITE AND SERVICES.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF ACCEPTABLE USE GUIDELINES.
Christian Home Living (the “Company”), maintains this website (the “Site”) as a service to its customers. By using the Site or any current or future service(s) provided to you by the Company (collectively the “Services”) in accordance with any applicable Agreement (“Agreement(s)”), you are agreeing to comply with and be bound by the terms and conditions of these Acceptable Use Guidelines and any operating rules, regulations, policies, and procedures that may be modified from time-to-time on the Site (collectively, the “Terms”). The Terms govern your access to and use of the Site, the Services and any information, products, software, and/or features made available to you. In the case of any violation of the Terms, the Company reserves the right to seek all remedies available by contract, law and in equity for such violations. The Terms apply to all visits to the Site and use of the Services, both now and in the future. ANY VIOLATION OF THESE TERMS MAY RESULT IN THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT, THE SERVICES OR SUCH OTHER PERMITTED ACTIONS.
2. LAWFUL USE.
You agree that use of the Site and/or any Services, is subject to all applicable national, international, state, and local laws and any and all applicable regulations, including the Terms. Furthermore, you agree that you will not offer to sell any goods or services nor engage in any practices that:
- are unlawful, threatening, abusive, harassing, defamatory, obscene, libelous, slanderous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or otherwise violate Company’s rules or policies;
- victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, including, but not limited to, the unauthorized copying and posting of pictures, logos, software, articles, musical works and videos;
- contain harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any other files, software programs, or technology that is designed or intended to disrupt, damage, surreptitiously intercept or expropriate the Services or any system, program, data or personal information or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- impersonate any person or entity, including any of our employees or representatives;
- violate any U.S. export or import laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce;
- violate any federal or state law, statute, ordinance, or regulation including, without limitation, those governing consumer protection, Internet tobacco sales, firearm sales, unfair competition, antidiscrimination or false advertising;
- offer or disseminate fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes) or engage in any unfair deceptive act or practice;
- are associated with any form of gambling or lottery type services;\
- are associated with any form of adult, sexually oriented, or obscene materials or services, including without limitation, any material clearly designed to sexually arouse the viewer/reader (e.g., books, text, photos, videos, X-rated movies, pornographic materials, etc.), any materials which require individuals to be eighteen (18) or older to view or purchase those materials, escort services, and adult websites.
- are associated with the sale of (i) any controlled drug that requires a prescription from a licensed practitioner unless you are authorized by the National Association of Boards of Pharmacy to offer such products as a Verified Internet Pharmacy Practice Site and only if such a prescription has been issued by the practitioner after a bona fide examination of the patient; or (ii) any over-the-counter drug, unless the sale of such product, without a prescription, has been approved by the Food & Drug Administration; or (iii) nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval; or (iv) any drug or controlled substance that the Company believes to be or may become harmful, unlawful, or prohibited. Company requires sellers of prescription drugs to abide by all laws applicable to both the buyer and seller and we may require you to provide evidence of compliance with these requirements. In addition, due to the complexities of current laws regulating the importation of controlled drugs into the United States, you may not use the Services to sell prescription drugs that are imported into the United States from an international location.
- are associated with illegal telecommunications or cable television equipment, such as access cards, access card programmers and unloopers, cable descramblers or filters. The foregoing list is a non-exhaustive list of prohibited goods and services.
3. INTERNET ABUSE.
You are prohibited from engaging in any form of Internet abuse, including but not limited to: (a) distributing, publishing, or sending any kind of unsolicited or unwelcome email to any number of network users (commonly referred to as “junk mail” or “spam”), including, without limitation, mass promotions, unauthorized or unsolicited commercial advertising, and informational announcements, anywhere on the Internet; (b) posting a single article or substantially similar articles to an excessive number of newsgroups or mailing lists; (c) repeated or deliberate posting of articles that are off-topic according to the charter of the newsgroup or mail list where such articles are posted; (d) posting commercial advertising in a conference or newsgroup, unless it is specifically permitted to be posted within that group; or (e) violating the CAN-SPAM Act.
Company reserves the right and has absolute discretion to enforce the Terms. Company may, in its sole discretion, immediately terminate or suspend: (i) the Services; (ii) any Agreement; and/or (iii) access to this Site, if it determines that your services, offerings or activities violate the Terms. Without limitation, Company also reserves the right to report any activity (including the disclosure of appropriate data or merchant information) that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Company also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct. If you want to report any violations of these guidelines, please contact the Company via the online contact form.
5. MODIFICATIONS TO THE SITE.
Company reserves the right to amend the Terms and modify or discontinue all or part of the Site, temporarily or permanently, with or without notice, and is not obligated to support or update the Site. The amended Terms shall automatically become effective immediately after they are initially posted on this Site. Your continued use of the Site after the posting of the amended Terms on the Site constitutes your affirmative: (a) acknowledgment of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. Should you object to any modifications of the Terms, your only recourse is to immediately: (a) terminate use of the Site and/or Services; and (b) notify Company of termination.
6. LINKS TO THIRD PARTY SITES ARE NOT ENDORSEMENTS.
The Site contains or will contain links to third-party web sites. The linked sites are not under the control of Company, and Company is not responsible for the contents or policies of any linked site. Company provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Company. Links to merchants or advertisers are owned and operated by independent retailers or service providers, and therefore, Company cannot ensure that you will be satisfied with their products, services or practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
7. INTELLECTUAL PROPERTY RIGHTS.
The Site is proprietary to Company. All the text, images, marks, logos and other content of the Site (“Site Content”) is proprietary to Company or to third parties from whom Company has obtained permission. Company authorizes you to view, download, and print the Site Content provided that: (i) you may only do so for your own personal and non-commercial use; (ii) you may not copy, publish or redistribute any Site Content; (iii) you may not modify Site Content; (iv) you may not remove any copyright, trademark, or other proprietary notices that have been placed in the Site Content by Company. Except as expressly permitted above, reproduction or redistribution of the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of Company. To request permission you may contact Company via email at firstname.lastname@example.org. You represent and warrant that your use of Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties.
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS.” COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ENTIRELY ERROR-FREE OR VIRUS FREE NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE THAT THIS SITE AND THE SERVICES ARE COMPUTER NETWORK-BASED SERVICES, WHICH MAY BE SUBJECT TO OUTAGES, INTERRUPTIONS, ATTACKS BY THIRD PARTIES AND DELAY OCCURRENCES. IN SUCH AN EVENT AND SUBJECT TO THE TERMS HEREOF, COMPANY SHALL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY MATERIAL INTERRUPTIONS AND WILL PROVIDE ADJUSTMENTS, REPAIRS AND REPLACEMENTS, WITHIN ITS CAPACITY, THAT ARE NECESSARY TO ENABLE THE SITE AND THE SERVICES TO PERFORM THEIR INTENDED FUNCTIONS IN A REASONABLE MANNER. YOU ACKNOWLEDGE THAT COMPANY DOES NOT WARRANT THAT SUCH EFFORTS WILL BE SUCCESSFUL. IF COMPANY’S EFFORTS ARE NOT SUCCESSFUL, YOU MAY TERMINATE THE APPLICABLE AGREEMENT AND CEASE USING THE SITE. THE FOREGOING SHALL CONSTITUTE YOUR SOLE REMEDY, AND COMPANY’S SOLE LIABILITY, IN THE EVENT OF INTERRUPTION, OUTAGE OR OTHER DELAY OCCURRENCES IN THE COMPANY SERVICES. YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF CONTENT, OR ALLEGATIONS THAT COMPANY HAS OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE, REPUBLICATION OR OTHER EXPLOITATION OF THE SITE OR SERVICES. YOU USE THE SITE AT YOUR OWN RISK AND NEITHER COMPANY NOR THE PARTIES WHO PROVIDE INFORMATION AND MATERIALS FOR PUBLICATION WITHIN THE SITE WILL BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THIS SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM, LOSS OF SERVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 8, COMPANY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE WITH RESPECT TO THE SITE OR SERVICES, OR OTHER SERVICES OR GOODS PROVIDED THROUGH THIS SITE. FOR THE AVOIDANCE OF DOUBT, YOU AGREE THAT COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SITE WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ENTIRELY ERROR-FREE.
9. LIMITATION OF LIABILITY.
THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY OR LOSS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES (HOWEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, LIABILITY OR LOSS ASSOCIATED WITH UNAUTHORIZED ACCESS TO ANY SERVER, MERCHANT INTERFACES, WEBSITES, FACILITIES, OR YOUR DATA OR YOUR CUSTOMER DATA (INCLUDING CREDIT CARD NUMBERS AND OTHER PERSONALLY IDENTIFIABLE INFORMATION) DUE TO ACCIDENT, ILLEGAL OR FRAUDULENT MEANS, INCLUDING HACKING, OR DEVICES USED BY ANY THIRD PARTY, OR OTHER CAUSES BEYOND COMPANY”S REASONABLE CONTROL. YOU EXPRESSLY AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS ARISING FROM INFILTRATION OF THE SERVICES, THE COMPANY SYSTEM OR WEBSITE BY MEANS OF SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, OR ANY OTHER SOFTWARE PROGRAMS, OR TECHNOLOGY DESIGNED OR INTENDED TO DISRUPT, DAMAGE, INTERCEPT OR EXPROPRIATE THE COMPANY SERVICES OR ANY SYSTEM, PROGRAM, DATA OR PERSONAL INFORMATION OR LIMIT THE FUNCTIONING OF THE SITE, SERVICES OR ANY SOFTWARE, HARDWARE, OR EQUIPMENT OR TO DAMAGE OR OBTAIN UNAUTHORIZED ACCESS TO ANY DATA OR ANY INFORMATION OF ANY THIRD PARTY.
AS A CONDITION OF USE OF THE SITE AND SERVICES, YOU AGREE THAT NEITHER COMPANY, NOR ANY OWNER, DIRECTOR, AFFILIATE, AGENT, CONTRACTOR OR EMPLOYEE OF COMPANY WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, DAMAGES, EXPENSES, OR COSTS RESULTING DIRECTLY OR INDIRECTLY FROM, OR OTHERWISE ARISING IN CONNECTION WITH THE SITE, SERVICES OR AGREEMENTS, HOWEVER ARISING, INCLUDING WITHOUT LIMITATION, THE INABILITY TO USE THE SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY PRODUCTS, SERVICES PROVIDED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR FAILURE OF THE SITE TO STORE YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH IN THIS SECTION APPLY TO THE ACTS, OMISSIONS, NEGLIGENCE, AND GROSS NEGLIGENCE OF COMPANY AND ITS OWNER, DIRECTORS, AFFILIATES, CONTRACTORS, SUBCONTRACTORS, MANAGERS, EMPLOYEES, AND AGENTS, WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO A COURSE OF ACTION IN CONTRACT, OR ANY OTHER LEGAL DOCTRINE.
EXCEPT AS OTHERWISE LIMITED, OUR LIABILITY AND THE LIABILITY OF OUR OWNER, DIRECTORS, EMPLOYEES AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES SHALL BE LIMITED TO THE AMOUNT YOU PAY US IN THE 30 DAYS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
11. ACCESS TO PASSWORD PROTECTED/SECURE AREAS.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
12. SERVICES OFFERED BY COMPANY ON THIS SITE.
When you enroll to obtain a Service from the Company, you accept the specific terms and conditions applicable to that Service in accordance with any applicable Agreement. Except as provided in the Agreement, Company does not warrant that any service description or content contained in this Site is accurate, current, reliable, complete, or error-free.
13. TERMINATION & EFFECT.
Company may terminate access to the Site and the Services, with or without cause, at any time, and effective immediately. Termination shall be accompanied by a written or electronic notice to you. Company shall not be liable to you or any third party for termination. Should you object to any provision of the Terms or any subsequent modifications thereto, your only recourse is immediately to: (a) terminate use of the Site and/or Services; and (b) notify Company of termination. Upon termination of access to the Site and/or Services, your right to use the Site and/or Services shall immediately cease.
The Company owns or licenses certain trademarks, service marks and other protected intellectual property. All Company and product names referenced herein are the trademarks or registered trademarks of the Company or their respective holders. This list may be modified from time-to-time in the discretion of the Company. You shall not register or attempt to register any of the Company’s marks or trademarks that would reasonably be deemed to be confusingly similar to any of the Company’s marks or trademarks. You shall comply with all standards with respect to the Company’s marks and all uses of the marks shall be consistent with Company standards. For further information on Company copyrights and trademarks, please contact us via email@example.com
16. FORCE MAJEURE.
Company shall not be liable for any losses arising out of the delay or interruption of its performance of obligations due to any acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions by a third party, infiltration or disruption of the Services by a third party, or other catastrophes or occurrences that are beyond Company’s reasonable control.
In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. In the event of a conflict between the Acceptable Use Guidelines and any applicable Agreement, the latter shall govern.
18. PAYMENT TERMS.
Terms of payment are within the discretion of the Company unless otherwise agreed. Payment must be received by the Company prior to its acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by the Company. If there are Invoices, they shall be due and payable within the time period noted on the reverse side of the invoice, measured from the date of the invoice. The Company may invoice parts of an order separately. Your order is subject to cancellation by the Company, at the Company’s sole discretion. Unless you and the Company have agreed to a different discount, the Company’s standard pricing policy for the Company-branded products and services allocates the discount off list price. The Company is not responsible for pricing, typographical, or other errors, in any offer by the Company and reserves the right to cancel any orders resulting from such errors.
19. GOVERNING LAW.
THESE TERMS AND THE INTERPRETATION OF THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE
20. BINDING ARBITRATION.