Terms of Use

CAREFULLY READ AND REVIEW THE NOTICES, DISCLAIMERS, LIMITATIONS, TERMS, PROVISIONS AND CONDITIONS SET FORTH HEREIN BELOW AND IN THE PRIVACY POLICY (CLICK ON THE PRIVACY POLICY LINK TO GO DIRECTLY TO THE PRIVACY POLICY) BEFORE USING THIS SITE OR ITS FEATURES IN WHOLE OR IN PART (THESE TERMS, INCLUDING, BUT NOT LIMITED TO THE PRIVACY POLICY, ARE HEREINAFTER REFERRED TO AS “TERMS OF USE”). ANY USER WHO ACCEPTS, ASSENTS AND AGREES TO BE BOUND BY THE FOLLOWING TERMS OF USE IS WELCOME TO USE THIS SITE AND ITS FEATURES, SUBJECT TO SAID TERMS OF USE.

AS USED IN THESE TERMS OF USE, WHETHER ABOVE OR BELOW, THIS “SITE” (INCLUDING WITHOUT LIMITATION THE WORD “SITE” WITH THE LETTER “S” CAPITALIZED AND THE REST OF THE LETTERS OF “SITE” IN LOWER CASE) SHALL INCLUDE THIS WEBSITE AND ALL WEBSITES OWNED OR CONTROLLED BY MESSIAH LUTHERAN MESSIAH (HEREIN REFERRED TO AS “MESSIAH”), AND SHALL INCLUDE WITHOUT LIMITATION ALL APPLICATIONS, FEATURES, SERVICES AND INFORMATION ON OR AVAILABLE THROUGH THIS WEBSITE (ALL APPLICATIONS, FEATURES, SERVICES AND INFORMATION HEREINAFTER ALSO REFERRED TO COLLECTIVELY AS THE “SERVICES”).

THIS SITE, AND ALL OF ITS FEATURES AND SERVICES, IS OFFERED AND MADE AVAILABLE TO YOU, AND YOUR USE OF THIS SITE AND ITS FEATURES IN WHOLE OR IN PART, IS SUBJECT TO AND CONDITIONED UPON YOUR ACCEPTANCE AND AGREEMENT AND COMPLIANCE WITH THE TERMS OF USE, WITHOUT QUALIFICATION, LIMITATION OR MODIFICATION. DO NOT USE THIS SITE OR ANY OF ITS FEATURES IN WHOLE OR IN PART IF YOU DO NOT UNDERSTAND AND AGREE TO THE TERMS OF USE WITHOUT QUALIFICATION, LIMITATION OR MODIFICATION. BY USING THIS SITE, INCLUDING WITHOUT LIMITATION VIEWING OR USING ANY OR ALL OF ITS CONTENT OR FEATURES IN WHOLE OR IN PART, YOU SIGNIFY AND ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF USE AND FULLY AND COMPLETELY UNDERSTAND THEM AND AGREE TO THEM WITHOUT QUALIFICATION, LIMITATION OR MODIFICATION, AND USE OF THIS SITE, INCLUDING WITHOUT LIMITATION VIEWING OR USING ANY OR ALL OF ITS CONTENT OR FEATURES CONSTITUTES ACCEPTANCE, ASSENT AND AGREEMENT WITH, AND A REPRESENTATION AND WARRANTY THAT YOU SHALL COMPLY WITH, THE TERMS HEREOF WITHOUT QUALIFICATION, LIMITATION OR MODIFICATION.

THESE TERMS OF USE APPLY TO YOU, WHETHER YOU ARE AN INDIVIDUAL OR AN ENTITY ACTING BY OR THROUGH YOU AS ITS AUTHORIZED REPRESENTATIVE, OR WHETHER YOU REPRESENT, ACT OR PURPORT TO REPRESENT OR ACT FOR OR ON BEHALF OF ANOTHER PERSON OR ENTITY, OR YOURSELF ALONE. THESE TERMS OF USE APPLY TO YOU IN WHATEVER

CAPACITY IN WHICH YOU USE THIS SITE, INCLUDING BUT NOT LIMITED TO CUSTOMERS, MEMBERS OR VISITORS. FOR PURPOSES OF THESE TERMS OF USE, AND USE AND INTERACTION WITH THIS SITE, (A) A CUSTOMER IS AN ORGANIZATION OR PERSON WHO HAS ENTERED INTO A SERVICE AGREEMENT WITH MESSIAH AND USES THE SITE AND PROVIDES ACCESS TO THE SITE AS A SERVICE TO OTHERS (HEREINAFTER REFERRED TO AS “CUSTOMER”); CUSTOMER SHALL ALSO INCLUDE WITHOUT LIMITATION AN INDIVIDUAL WHOM A CUSTOMER HAS AUTHORIZED TO INTERACT WITH THE SITE AND WHO IS ALSO SUBJECT TO THESE TERMS OF USE; (B) A MEMBER IS A PERSON WHO HAS REGISTERED TO INTERACT WITH CERTAIN FEATURES OF THE SITE; (C) A VISITOR IS ANY PERSON OR ENTITY WHO VISITS THE SITE FOR ANY REASON WHATSOEVER.

YOU REPRESENT AND WARRANT BY USING THIS SITE THAT YOU ARE AT LEAST

18 YEARS OF AGE, OF SOUND MIND, ARE COMPETENT TO ENTER INTO A LEGALLY BINDING AGREEMENT AND HAVE AUTHORITY TO BIND YOURSELF OR THE PERSON OR ENTITY YOU REPRESENT AND TO BE BOUND HEREBY.

All features on this Site, including but not limited to features which may be accessed without monetary charge, and specifically including without limitation features, information and services which do require subscription and acceptance by Messiah as a Customer, are subject to and shall be strictly governed by these Terms of Use. In addition, but without limiting the foregoing, certain features offered or made available on or through this Site may be available only to individuals or entities who expressly agree to certain additional specific terms, provisions, conditions, notices and disclaimers (hereinafter “Service Agreement” with respect to Customers). Agreement with the Service Agreement shall in no way limit these Terms of Use and shall not limit their universal applicability to use or access of this Site.

At this time, access to this Site and some of its features may be offered free of monetary charge. Because there may be no monetary charge for access to this Site and use of its features, your acceptance of, assent to, and agreement and compliance with, the Terms of Use constitutes consideration for your use and access. Additional consideration is necessary for access or use of the Site or the Services as a Customer, which is set forth more fully in the Service Agreement, but all users are subject to these Terms of Use. Messiah reserves the right to charge money for access to this Site or any of its content or features in the future.

All applicable provisions of state, federal and local law, equitable principles and regulations are hereby incorporated into these Terms of Use to the same extent as if set forth herein or in the Service Agreement verbatim. The Terms of Use, including without limitation the Service Agreement for Customers, are subject to any and all applicable provisions of state, federal, and local law, equitable principles, regulations, orders, decrees, requests or process of any court, tribunal of competent jurisdiction, or law enforcement authority of or from any jurisdiction, and nothing contained within these Terms of Use, including without limitation the Service Agreement for Customers, shall impair in any way whatsoever Messiah’s right to comply or govern its actions as and to the extent Messiah deems necessary with respect to any of same. If a court of competent jurisdiction determines that any term, provision, or condition included within the Terms of Use, including without limitation the Service Agreement for Customers, in whole or in part violate or do not comply with any applicable law, principle of equity, or regulation and any term, provision or condition included within the Terms of Use, including without limitation the Service Agreement for Customers, shall be determined by said court to be void, invalid, of no effect, or unenforceable, in whole or in part, for any reason whatsoever, such portion , and any other portion or term, provision or condition affected thereby, shall be construed consistent with applicable law, or be deemed modified solely to the extent necessary, to reflect as nearly as possible the original intentions of the parties, and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with this Site or Messiah is in conflict with these Terms of Use, these Terms of Use shall take precedence.

INTELLECTUAL PROPERTY

All content on this Site, including, without limitation, any and all materials, information, text, data, contents, names, tradenames, trademarks, trade dress, service marks, lay out, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, and all intellectual property of any kind whatsoever, including, without limitation, the names and designs of Messiah and all  rights therein, is owned exclusively by Messiah, a Minnesota nonprofit corporation, with an address of 16725 Highview Ave. Lakeville, MN 55044 (hereinafter “Messiah Marks”) or the licensors or suppliers of Messiah and is protected by U.S. and international copyright and intellectual property laws. All rights are hereby reserved. Without limiting the foregoing, no content on this Site may be copied, reproduced, duplicated, published, or sold, re-sold, transferred, distributed, or exploited in any form or by any means whatsoever without the prior express written permission of Messiah or the appropriate licensor or supplier. Without limiting the foregoing, neither this Site nor the Services, nor any content or Services on or available on or through this Site, shall be reproduced, duplicated, copied, sold, re-sold, transferred, distributed, or exploited for any commercial purpose.

DISCLAIMERS

Information, data, news and other information contained in or on, or accessible or made available through, this Site is generated or provided by you or third parties and Messiah makes no representation or warranty of any kind whatsoever as to the accuracy, truthfulness, usefulness, timeliness or completeness of any of the content herein or accessible hereby in whole or in part. Further, any such information, data, news or other information accessible or made available through this Site may contain errors, defects or be unreliable, and Messiah makes no effort to review, check or verify any news, data, or other information accessible or made available through this Site. Messiah assumes no responsibility for the accuracy, truthfulness or usefulness of the data, information or other content on this Site or accessible through this Site, and Messiah shall have no responsibility to correct or update said data, information or content on this Site. You assume full and complete responsibility for checking and verifying any and all data, information, and content, including without limitation its usefulness, truthfulness, accuracy, completeness or currency. You are responsible for checking or verifying the accuracy, completeness, truthfulness, timeliness, usefulness and value to you to whatever extent you deem necessary, in reliance on other advisers, consultants, experts and resources you deem necessary and you shall indemnify and hold Messiah, its agents, employees, officers, directors, subsidiaries and affiliates harmless from and against any and all liability, loss, damage, claim, cost, expense, including without limitation attorneys and accountants’ fees and costs caused by, or arising out of or related directly or indirectly to your reliance on any content contained on this Site or accessible or made available through this Site.

THE SERVICES, INCLUDING WITHOUT LIMITATION ALL APPLICATIONS, INFORMATION, DATA, FEATURES AND ALL CONTENT, IS OFFERED AND MADE AVAILABLE HEREIN ON AN “AS IS,” “AS AVAILABLE,” BASIS. IN NO EVENT SHALL MESSIAH BE LIABLE TO YOU, YOUR COMPANY, EMPLOYEES, AGENTS, THIRD PARTIES, ASSOCIATES, PARTNERS, MEMBERS, GUESTS OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OR IMPAIRMENT OF USE, DATA, OR PROFITS, YOU OR ANYONE ELSE MAY INCUR RELATING TO YOUR USE OR ACCESS TO THIS SITE, OR THE USE OR ACCESS HERETO BY ANYONE ELSE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, AND AS A CONDITION TO USE OR ACCESS ANY SUCH INFORMATION, YOU EXPRESSLY WAIVE ANY AND ALL CLAIMS YOU MAY HAVE OR ASSERT AGAINST MESSIAH RELATING DIRECTLY OR INDIRECTLY TO ACCESSING OR USING OR RELIANCE UPON ANY SUCH INFORMATION OR DATA BY YOU OR ANYONE ELSE. THE TERM “DAMAGES’ AS USED HEREIN INCLUDES WITHOUT LIMITATION ANY AND ALL LIABILITY, LOSS, DAMAGE, INJURY, CLAIM, FOUNDED OR UNFOUNDED, EXPENSE, FEE OF ANY KIND, INCLUDING WITHOUT LIMITATION ATTORNEYS OR ACCOUNTANTS FEES.

MESSIAH SHALL NOT BE LIABLE FOR ANY DELAY OR NONPERFORMANCE OF THESE TERMS OF USE, OR ANY TERM OR PROVISION HEREOF IN WHOLE OR IN PART, CAUSED BY FORCES OR FACTORS BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO WARS, INSURRECTIONS, REBELLIONS, REVOLUTIONS, CIVIL WARS, USURPED POWER, ACTION TAKEN BY GOVERNMENT AUTHORITY IN HINDERING, COMBATING OR DEFENDING AGAINST SUCH OCCURRENCE, OR CONFISCATION BY ORDER OF ANY GOVERNMENT OR PUBLIC AUTHORITY, STRIKES, LOCKOUTS, LABOR DISPUTES OR DISTURBANCES, RIOTS, AUTHORITY OF LAW, ACTS OF GOD, SEVERE WEATHER, COMPUTER HARDWARE OR SOFTWARE PROBLEMS OF ANY KIND OR ANY OTHER CAUSE.

MESSIAH MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER REGARDING ANY CONTENT CONTAINED ON THIS SITE, INCLUDING WITHOUT LIMITATION SERVICE, NEWS, DATA, INFORMATION OR CONTENT OF ANY KIND, OF THE USEFULNESS, RELIABILITY, TRUTHFULNESS, ACCURACY, TIMELINESS OR COMPLETENESS TO YOU OR ANYONE ELSE, INCLUDING WITHOUT LIMITATION WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR USE, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, OR WARRANTY OF ANY KIND.

MESSIAH MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND THAT THIS SITE OR ANY CONTENT HEREIN OR AVAILABLE FROM OTHER SITES ACCESSIBLE HEREBY, INCLUDING WITHOUT LIMITATION SOFTWARE OR FILES ACCESSIBLE OR MADE AVAILABLE FOR DOWNLOAD HEREFROM, ARE FREE OF OR FROM TECHNOLOGICALLY UNSTABLE FILES OR CHARACTERISTICS, OR BUGS, VIRUSES, ERRORS, DEFECTS, PROBLEMS, TROJAN HORSES, WORMS, OTHER LIMITATIONS OR OTHER CODES OR DEFECTS THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES OR CHARACTERISTICS OR ADVERSE EFFECTS ON YOUR SOFTWARE OR HARDWARE. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR USE OR RELIANCE UPON THIS SITE OR ANY INFORMATION OR DATA SET FORTH HEREIN.

IF YOU ARE DISSATISFIED WITH THIS SITE, THE SERVICES, OR ANY FEATURE, APPLICATION OR INFORMATION HEREIN OR ACCESSIBLE HEREFROM, OR ANY OF THE TERMS OF USE, PRIVACY POLICY OR OPERATION OF THE SITE OR ANY OF ITS FEATURES, YOUR SOLE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND ITS FEATURES.

CODE OF CONDUCT

 You agree not to use the Services to:

  1. Post, place, communicate, send, transmit, disseminate, distribute, forward, upload, reproduce, publish or republish, directly or indirectly (hereinafter referred to collectively as “Post or Transmit”) any information or content of any kind whatsoever, including without limitation data, articles, communications, advice, recommendations, reviews, opinions, news, programming, directories, guides, texts, graphics, photographs, illustrations, logos, audio clips, images, messages, statements, comments, language, software, programs, code, technology or any other content of any kind whatsoever in whatever form or medium (all referred to hereinafter collectively as “Content”), that is in any way i) unlawful or violates or could violate any local, state or federal law, rule, regulation, order, or decree, or gives rise to civil liability, or which encourages or advocates any of the above, or ii) that is offensive or violates the rights or sensibilities of other persons or entities, or iii) is otherwise objectionable or unacceptable to Messiah (all of the above hereinafter referred to as “Prohibited Content”), said Prohibited Content including, without limitation, Content which is libelous, defamatory, fraudulent, false, misleading, threatening, harassing, abusive, harmful, malicious, rude, hateful, racist, sexist, discriminatory, obscene, pornographic, profane, vulgar, indecent, crude, or objectionable in any way whatsoever;
  2. Use or attempt to use the Services to restrict, inhibit or interfere with any other User or Representative using or accessing the Site or the Services;
  3. Post or Transmit any Content that discloses personal or private information about or concerning, or in any way invades the privacy, publicity or proprietary rights of, any person including, without limitation, a Customer or User of the Site;
  4. Post or Transmit any Content that contains or may contain or result in the posting or transmitting of Content that contains or may contain any destructive, disruptive, corrupting, contaminating, or harmful quality, component or feature, including without limitation any virus, worm, cancelbolt, or Trojan Horse;
  5. Post or Transmit any content that violates or infringes upon, or may violate or infringe upon, the rights or interests of Messiah, the Site, Customers, Representatives, Visitors, Users or others, including, without limitation, posting or transmitting without due authorization copyrighted or otherwise protected text, images, property, programs, trade secrets, confidential or proprietary information, intellectual property, or trademarks or service marks;
  6. Post or Transmit any solicitation, request, or petition for any vote, political action, chain letter, pyramid scheme or arrangement, investment opportunity, or sale of security;
  7. Post or Transmit any advertising, promotional information, commercial solicitation, “spamming,” “flooding,” or content that contains advertising, or exploits any content for a commercial purpose, or sell or offer for sale, rent, lease, or any commercial purpose, any content;
  8. Post or Transmit Content containing any request or opportunity to participate in contests, or sweepstakes;
  9. Impersonate or misrepresent in any way your affiliation with any other person or entity, including, without limitation, Messiah or that any Customer, Representative, Visitor or user, or company or employer or affiliate of a Customer, Representative, Visitor or user, or that any Content Posted or Transmitted by you is endorsed or approved by Messiah.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you warrant to Messiah that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

MEMBER ACCOUNT, PASSWORD AND SECURITY

To interact with certain features of the Site, you may choose to or may be required to register. In this event, you will choose a unique password and account designation upon completing the Service’s registration process. In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Messiah has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Messiah has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Messiah of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Messiah cannot and will not be liable for any loss or damage arising from your failure to comply with the provisions hereinabove.

FINANCIAL TRANSACTIONS

 By initiating and sending payments through the Service, you appoint Messiah and the appropriate Messiah partners as your agent(s) to obtain the funds on your behalf and to transfer the funds to the recipient, subject to the terms and restrictions of these Terms of Use. Messiah and its partners will obtain the funds per your instructions by debiting a bank account or charging a credit card that you designate. The transaction record on your bank account or credit card statement will indicate the name of the recipient that you designated. When you initiate an ACH transaction through the Services, you are requesting an electronic transfer of funds from your bank account, which Messiah will execute using the ACH system from your U.S. bank account in the amount you specify. You agree that such requests constitute your authorization for such transfers. Messiah will never make transfers from your bank account or credit card without your authorization.

TERMINATION/ACCESS RESTRICTION

Messiah reserves the right, in its sole discretion, to terminate your access to any or all Messiah Sites and the related services or any portion thereof at any time, without notice.

LINKS

This Site may contain links to other Internet sites, and without limiting the above, Messiah does not endorse, vouch for or approve such sites or the content contained therein and is not responsible or liable for said content. You link to other sites at your own risk.

JURISDICTION; GOVERNING LAW

This Site is owned and/or controlled by Messiah from its offices at 16725 Highview Ave. Lakeville, MN 55044. It can be accessed on the Internet from all 50 states, as well as other countries around the world. As each of these places and jurisdictions has laws that may differ from those of Minnesota, by accessing this Site, both you and Messiah agree that these Terms of Use shall be deemed and treated as though they were entered into, executed, and performed solely in Dakota County, Minnesota, and the statutes and laws of the State of Minnesota, without regard for conflict of law rules thereof, apply to all matters relating to use of this Site and shall without limitation govern these Terms of Use. You agree that by use of this Site you do hereby submit to jurisdiction of the courts of Minnesota with appropriate subject matter jurisdiction and that any conflict brought or filed with respect to use of this Site or concerning the Terms of Use shall be brought in a court of competent jurisdiction in Dakota County, Minnesota. In any legal action relating to enforcement or breach of these Terms of Use, the prevailing party shall be entitled to recovery of costs, fees and expenses of such action, including without limitation attorney fees and accounting fees. A printed copy of these Terms of Use or part thereof as modified in accordance with the terms hereof from time to time shall be deemed admissible in any court of law or administrative proceeding and shall be deemed the original and the best evidence of the intentions of the parties with respect to use of this Site.

MISCELLANEOUS

These Terms of Use shall be interpreted according to their fair meaning and shall not be interpreted strictly against or for either party. These Terms of Use constitute the entire agreement with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether, electronic, oral or written, between Messiah and the user of this Site. Headings used herein are for convenience only and shall not limit, control or add to the meaning of any term, provision or condition. You may not transfer any rights or obligations you may have under these Terms of Use without the prior written consent of Messiah. Messiah reserves the right to transfer these Terms of Use or any right or obligation under these Terms of Use without your consent. Use of the plural herein shall include the singular and use of the singular shall include the plural.

To the fullest extent permitted by applicable law, these Terms of Use and any other agreements, notices or other communications regarding your use of the Services (“Communications”), may be provided to you electronically and you agree to receive all Communications from Messiah in electronic form. Communications may be posted on the pages within the Site and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. Messiah reserves the right but assumes no obligation to provide Communications in paper format. Your continued use of the Services is your consent to receive Communications electronically. If you revoke your consent to receive Communications electronically, Messiah will terminate your right to use the Services.

CONTACTING THE WEBSITE

If you have any questions about the Terms of Use, the practices of this Site, or your dealings with this Site, you may contact: info@messiahonline.org.