Terms & Conditions
Terms and Conditions of Use of Theos Academy Web Sites
LEGAL NOTICES – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.
ANY ACCESS TO AND USE OF THIS Our Daily Bread MINISTRIES ONLINE (Theos) WEB SITE INCLUDING ANY SERVICES OR INFORMATION ON THE WEB SITE, COLLECTIVELY OR INDIVIDUALLY, AS THE CASE MAY BE (THE “SITE”) IS SUBJECT TO THE TERMS AND CONDITIONS OF USE SET FORTH IN THIS DOCUMENT AS THEY ARE AMENDED FROM TIME TO TIME BY Theos (THE “TERMS”). Theos IS AN ONLINE WEB SITE OF Our Daily Bread MINISTRIES, PUBLISHERS OF OUR DAILY BREAD. THESE TERMS AND CONDITIONS APPLY TO ALL OTHER DOMAIN NAMES ASSOCIATED WITH THIS WEB SITE, INCLUDING Theos.ORG, Theos.NET, AND OTHER DOMAIN NAMES REGISTERED WITH Theos MINISTRIES. BY ACCESSING, COPYING OR OTHERWISE USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS. Theos MAY CHANGE THE TERMS FROM TIME TO TIME IN ITS SOLE DISCRETION, AND YOUR USE OF THE SITE AFTER SUCH CHANGES SHALL CONSTITUTE YOUR AGREEMENT TO ABIDE BY THE TERMS AS CHANGED. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.
- GENERAL SITE USE.
1.1 Personal and Internal Business Use Only and Copyright. Unless otherwise specified, the Site is for your personal and internal business use only. The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Except as otherwise expressly permitted on the Site, the Site and its material may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without Theos’s prior written permission and is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Except as expressly provided herein, Theos does not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information.
1.2 Links to Other Materials. Linked Web sites on the Site are not under the control of Theos and Theos is not responsible for the content of any linked site or any link contained in a linked site. Theos reserves the right to terminate any link or linking program at any time. Theos provides such links only as a convenience to you. Theos has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to this Site, You do so entirely at your own risk.
1.3 Termination of Account: Theos reserves the right, in its sole discretion, to terminate or suspend your access to Theos at any time, with or without cause, with or without notice. Upon termination of your account in Theos your right to use Theos immediately ceases.
1.4 You may terminate your Theos account at any time, with or without cause.
1.5 Account usage: Theos allows you to have additional family household members access your Theos account. You are solely responsible for all usage of the account. You shall not assign, transfer, resell, sublicense or otherwise distribute your right or access to your Theos account. Your Theos account is for your personal and household usage only.
1.6 You represent and warrant that: (1) you are at least 18 years of age or the age required or allowed under applicable law for providing the required account information; (2) all information that you submit is true and accurate; and (3) you are an individual authorized to provide the account information. You agree to comply with your responsibilities and obligations as stated in these Terms and Conditions.
Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of Theos, Theos Ministries, Discovery House Publishers, or other trademark owners as indicated. The absence of a product or service name or logo from this site does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo.
- DISCLAIMER OF WARRANTIES.
3.1 General. Theos MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR INFORMATION WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. Theos UNDERTAKES NO OBLIGATION TO UPDATE, AMEND, OR CLARIFY THE SITE.
3.2 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS IS” AND WITH ALL FAULTS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. Theos HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND INFORMATION, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE. THE ENTIRE RISK ARISING OUT OF USE OF THE SITE AND INFORMATION REMAINS WITH YOU.
- LIMITATION OF LIABILITY AND REMEDIES.
4.1 Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Theos BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE, EVEN IF Theos KNOWS OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE AND YOUR ACCOUNT ON THE SITE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
4.2 Indemnification. You agree to defend, indemnify and hold Theos harmless from and against any and all claims, liabilities, demands, penalties, forfeitures, suits, judgments and the associated costs and expenses (including attorney’s fees), which Theos may hereafter incur, become responsible for or pay out arising out of your use of the Site or your breach of any term or provision of these Terms.
- GENERAL TERMS.
6.1 Modification. Theos reserves the right at any time and at its sole discretion to change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges associated with the use of the Site. Theos may revise the Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of the Terms may be superceded by expressly designated legal notices given to you or terms located on particular pages at the Site. Theos also reserves the right at any time and at its sole discretion to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Theos shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
6.2 Assignment. You may not assign any rights in, nor delegate any obligations under, the Terms or any portion thereof without the written consent of Theos. Any attempt to do so shall be deemed a breach of the Terms.
6.3 Jurisdiction. THESE TERMS SHALL BE GOVERNED BY AND INTERPRETED ACCORDING TO THE LAWS OF THE STATE OF New York , WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. Theos AND THE SUBSCRIBER AGREE THAT ALL DISPUTES AND LITIGATION REGARDING THESE TERMS AND MATTERS CONNECTED WITH ITS PERFORMANCE OR RELATING TO THE USE OF THE WEB SITE AND INFORMATION SHALL BE SUBJECT TO, AND THEY EACH CONSENT TO JURISDICTION AND VENUE IN, THE STATE AND FEDERAL COURTS IN New York . USE OF THE SITE IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISION OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THIS SECTION.
6.4 Equitable Relief. You recognize and acknowledge that a breach by you of any of its obligations under the Terms will cause Theos irreparable damage, which cannot be readily remedied by monetary damages in an action at law. Accordingly, in the event of any default or breach by you, including any action by you that could cause some loss or dilution of Theos’s goodwill, reputation, or rights in the Site, Theos shall be entitled to an immediate injunction in addition to any other remedies available, to stop or prevent such irreparable harm, loss, or dilution.
6.5 Entire Agreement. The Terms embody the entire agreement and understanding between Theos and you with respect to the subject matter of the Terms and supercedes all prior oral or written agreements and understandings relating to the subject matter of the Terms. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in the Terms shall affect, or be used to interpret, change or restrict, the express terms and provisions of the Terms.