Every Man Ministries LLC ("Every Man Ministries," "we," or "us") 22342 Avenida Empressa, Suite 275, Rancho Santa Margarita, CA 92688 email@example.com.
License and Copyright
Member hereby grants to Every Man Ministries an unlimited, unrestricted, irrevocable, perpetual and royalty-free license to publish and display, in accordance with applicable law, all, part or a modified version of any information, data or other content that Member provides via the Site or any other Every Man Ministries-controlled or sponsored website or Every Man Ministries-controlled or sponsored publications and services (collectively, the "Member Content"). Furthermore, any Member who posts Member Content on the Site or any Every Man Ministries-controlled or sponsored website, including without limitation, hereby grants to Every Man Ministries the right to distribute, by e-mail or otherwise, all, part or a modified version of such Member Content to any third party, including any media Every Man Ministries may deem advisable in its sole determination for marketing purposes.
If you believe any Content infringes your copyright rights, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the photograph that you claim is infringing and where it is located on the Site; (4) your address, telephone number, and email address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: General Counsel, 22342 Avenida Empressa, Suite 275, Rancho Santa Margarita, CA 92688.
a. Member Service Requests
Every Man Ministries allows Members through the Site to submit requests to men’s church groups for Services or to independent third-party churches as well as third-party providers of related services, including but not limited to bible study resources (providers of such services and Professional Service Providers collectively, "Service Providers"). Members who make such requests to Service Providers hereby agree to supply Every Man Ministries with information about themselves and hereby permit Every Man Ministries to provide some or all of this information to third parties. As Every Man Ministries uses e-mail and telephones to provide the Services, all Every Man Ministries Members hereby consent to receiving e-mails and telephone calls from Every Man Ministries to qualify for, participate in, and otherwise receive the Services. Member also consents to receiving e-mails and telephone calls from Service Providers and other third parties, as Member's requests for Services may require services from such third parties. Member hereby affirms that all of the information Member provides to Every Man Ministries, whether through the Site or otherwise, is accurate and complete. Member also agrees to update Every Man Ministries with current and accurate information, if at any time the information Member provides to Every Man Ministries changes. Every Man Ministries may from time to time offer eligible Members promotional opportunities, such as alternative membership products, training courses and publications. Not all Members may be eligible to receive all promotional opportunities.
b. Other Services
From time to time Every Man Ministries may make available through the Site third-party Service Providers which may offer certain Services to Members, including without limitation, counseling services, magazines and other content. Every Man Ministries makes such third-party Service Providers available through the Site in exchange for a fee or other consideration from such third-party Service Providers, and as a convenience to Members. Member hereby acknowledges and agrees that it is Member's responsibility independently to investigate the qualifications of each Service Provider and to review carefully each Service Provider offering prior to entering into any engagement with such Service Provider.
- a. Member Service Requests
Limitations on Use
Member shall abide by all applicable federal, state, and local laws and regulations of any kind governing fair information practices and consumers' rights to privacy, including without limitation any applicable non-solicitation laws and regulations.
Member shall not use the Services or the Content: (i) to conduct any marketing or telemarketing activities; (ii) for redistribution or publication via the Internet; (iii) to create models, programs or systems; (iv) for extracting, selecting or otherwise removing any data elements or video content contained in the Services or the Content for any reason.
Member shall not use the Services or the Content in any way that: (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (ii) violates any law, statute, ordinance or regulation (including without limitation the laws and regulations governing unfair competition, anti-discrimination or false advertising), or (iii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing.
Member shall not remove, alter or obscure any proprietary notices contained in the Services or the Content or other materials provided by Every Man Ministries hereunder, and shall reproduce all such notices on all copies or portions thereof.
Member hereby represents, warrants, affirms and agrees that it is authorized by law or contractual agreement to provide all Member Content licensed to Every Man Ministries hereunder, and that such Member Content or the provision thereof does not violate any other agreement, third-party contract or the proprietary rights of any third-party. Member further represents, warrants, affirms and agrees that all Member Content licensed to Every Man Ministries or otherwise provided hereunder is not unlawful, harmful, malicious, hateful, cruel, offensive, defamatory, slanderous, libelous, derogatory or objectionable in any way.
Member is subject to a limited amount of views and a limited amount of time to view the Services and Content as determined by Every Man Ministries in its sole and absolute discretion. Currently the number of views is set to thirty (30) views and the length of time is set to thirty (30) days effective from, the early of, the date of purchase or first viewing.
Any organization that has multiple locations will be subject to additional site license fees to use the Services or Content. In no event shall the Service or Content be shared without payment of the site license fee. The fee for the site licenses are subject to change upon thirty (30) day notice to Member.
PAYMENT OF CHARGES
Payment Terms and Charges
The fee to register as a Member on the Site is free, however there is a fee for certain content and it is normally assessed on an annual or per individual content use basis, but other billing arrangements may be made available to Members, in Every Man Ministries' or its Paymaster facilitator KLL Communications LLC sole discretion. The member may create a prepaid account with credit for use in buying any products, video content and audio content. Any prepaid content that is unused shall expire within 12 months from the date received by Every Man Ministries or its Paymaster facilitator KLL Communications LLC unless the account is terminated or cancelled in which case it immediately expires. Member agrees that if Member does not use the credit within 12 months from being established by Every Man Ministries or its Paymaster facilitator KLL Communications LLC then no refund will be due.
Any organization, group or individual that participates in the download of our video content will be subject to additional terms and conditions regarding the return of materials. Upon the expiration or termination of the Services or Content the Member, at its own expense, shall within five (5) days of expiration or termination destroy all downloaded, captured streamed content and any backups and certify (by a certificate signed by an authorized individual or officer of the Member’s Organization) that such Service, Content materials and Information have been destroyed. If such Service, Content materials and Information have not been destroyed in accordance with the above, Member shall provide Every Man Ministries or Every Man Ministries agent access to Member’s premises for the retrieval or destruction of all such materials, and Member shall pay the actual costs as reasonably incurred by Every Man Ministries to insure destruction or retrieval of such materials. Notwithstanding anything to the contrary set forth in the use of the Service or Content, upon expiration or termination of this Service or Content for any reason, Member shall cease using the Service or Content for all purposes, personal, commercial or otherwise, and shall certify (by a certificate signed by an authorized individual or officer of the Member’s Organization) that all such use of the Service or Content has ceased. Member may not retain any copy of the Service or Content.
Upon request to view any paid content on the site, Member shall provide a valid credit card number, and authorizes Every Man Ministries, at its discretion, to verify the account is valid by processing a charge.
Member hereby authorizes Every Man Ministries or its Paymaster facilitator KLL Communications LLC to charge Member's credit card, debit card or bank account, in advance, for the amount of Member's purchase, wallet deposit or regular membership fee for each agreed term of the Member's selected membership term. Member hereby authorizes Every Man Ministries or its Paymaster facilitator KLL Communications LLC to modify the term membership fee charged to Member upon thirty (30) days notice to Member sent by e-mail to the address provided on registration. The membership fee, when paid, is non-refundable and accrues on the first day of each term or successive renewal term until canceled, regardless of whether or not the Member actually uses the Site, the Services or the Content. Notwithstanding the language in this paragraph, if a membership resulted from a special introductory promotional offer, then the terms of that specific promotional offer shall control.
From time to time at its sole discretion, Every Man Ministries or its Paymaster facilitator KLL Communications LLC may offer different subscription terms on its Site, and the membership fees for such subscriptions may vary.
The fee for a Member who has opted to make single video purchase is assessed at the time of purchase. The purchase entitles the Member to online access to the video(s), and that access shall expire the earlier of thirty (30) days from the day of purchase or upon thirty views. Single video purchases are final. Refunds or credits may be considered on a case by case basis where it is determined the video data is not available for viewing; however, these terms and conditions are generally controlled by the Disclaimers and Limitations set out in Section 9 below.
Various Services and/or Content on the Site, whether offered by Every Man Ministries, KLL Communications LLC, third-party Service Providers or others, may require additional fees or charges.
On Time Payment
Member is required to pay all charges on time, and agrees to submit an accompanying payment authorization in connection with these charges when requested by Every Man Ministries or its Paymaster facilitator KLL Communications LLC. Credit card transactions require an acceptable and currently working/continuously valid credit card number/account. Every Man Ministries or its Paymaster facilitator KLL Communications LLC may terminate or disable Member's membership if Member fails to pay fully and in a timely manner all amounts due to Every Man Ministries. If Member's credit card expires or is otherwise declined for payment, access to the Services and the Site may be modified, suspended or cancelled, in Every Man Ministries or its Paymaster facilitator KLL Communications LLC sole discretion and without notice to Member. If any Member payment is more than thirty (30) calendar days past due, interest pro-rated daily, at the rate of 15 percent per annum on such past due amounts, or the maximum allowable by law, whichever is less, shall accrue, and the entire amount of unpaid charges, plus this assessment, will become immediately due and payable. Member shall pay all costs incurred by Every Man Ministries or its Paymaster facilitator KLL Communications LLC with respect to collection of any past due amount, including legal fees. Each time Member accesses or uses the Site or the Services, Member affirms that Every Man Ministries or its Paymaster facilitator KLL Communications LLC is authorized to obtain payment through a selected payment method. All fees are quoted and payable in United States Dollars. Member is also responsible for paying all applicable taxes for Services and/or Content, and any other costs incurred in connection with the use of or access to the Site.
Member's complete billing address and telephone number must be provided to process payments. Every Man Ministries or its Paymaster facilitator KLL Communications LLC accepts most major credit cards and may accept bank drafts, including personal checks, money orders, cashiers checks and company checks sent by mail. However, for non-credit card or non-electronic payment methods, Every Man Ministries or its Paymaster facilitator KLL Communications LLC does not offer access to video content and all other content until after Every Man Ministries' or its Paymaster facilitator KLL Communications LLC bank certifies receipt of funds — typically ten (10) business days after receipt of a check. Every Man Ministries or its Paymaster facilitator KLL Communications LLC may charge a twenty dollar ($25.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.
Account Discrepancies f
Member may contact the Every Man Ministries Customer Service Department or its Paymaster facilitator KLL Communications LLC by e-mail at firstname.lastname@example.org or telephone at 1-949-273-2896 concerning charges or other questions regarding the status of Member's account. However, if Member's account-related questions are not satisfactorily resolved within fifteen (15) business days of Member's first calling or sending an e-mail to the Every Man Ministries Customer Service Department regarding such questions, Member must write to the Every Man Ministries Customer Service Department at: 22342 Avenida Empressa, Suite 275, Rancho Santa Margarita, CA 92688, delivered by United States mail. Notwithstanding the foregoing, in no event may Member dispute any charge or account billing hereunder later than ninety (90) days after such questionable account billing or other discrepancy should have been or could have been reasonably discovered by Member. Otherwise, except as required by applicable law, any and all such Member complaints are waived by Member.
- Payment Terms and Charges
Term of Membership
Either Every Man Ministries or its Paymaster facilitator KLL Communications LLC or Member may cancel Member's membership at any time for any reason (unless otherwise stated in an applicable promotional offer). In the event of termination by Member or by Every Man Ministries or its Paymaster facilitator KLL Communications LLC, all fees due to Every Man Ministries up to the end of the then-current term billing cycle at time of termination shall remain payable to Every Man Ministries unless otherwise specifically stated in an applicable promotional offer.
Ownership and Safekeeping; Modification of Every Man Ministries Services
Every Man Ministries reserves the right to modify or to discontinue any and all Services and/or Content or any portion or attribute thereof, with or without notice to any Member. Every Man Ministries shall not liable to any Member in the event that Every Man Ministries exercises its rights under this Section.
Third-Party Content and Services.
The Site may contain links to websites maintained by third parties ("Third Party Websites"), including Service Providers. Such links to Third Party Websites are provided for Member's convenience and reference only. Every Man Ministries does not operate or control, in any respect, any information, content, software, products or services available on such Third Party Websites, and is not responsible for any content on such Third Party Websites, including the website of any Service Provider or any other third party. Every Man Ministries inclusion of links to such Third Party Websites does not imply any endorsement, warranty, guarantee or recommendation of such Third Party Websites, or of the content, products or services, or of the sponsoring organization thereof.
Every Man Ministries is a men’s ministry that aggregates content supplied by third parties and Members and assumes no obligation to exercise editorial control over the opinions, advice, statements, Services, offers or other content provided by third parties, including Members. Nevertheless, Every Man Ministries reserves the right to screen, review, edit or remove any content if it does not comply with laws, rules or regulations, or for any other reason Every Man Ministries deems relevant in its sole discretion.
Member acknowledges and agrees that its use of any Service provided to Member by a Service Provider shall be subject to the terms of a separate agreement between the Member and the applicable Service Provider, and that Every Man Ministries or its Paymaster facilitator KLL Communications LLC has no liability to Member in relation to the any Service provided by a Service Provider, or any acts or omissions of any Service Provider.
For its Services and referrals, Every Man Ministries may receive payment from Service Providers. Membership with Every Man Ministries and use of the Services and/or the Content constitutes Member's acknowledgment of and agreement to this compensation arrangement.
DISCLAIMERS AND LIMITATIONS
Every Man Ministries attempts to ensure that the Content is accurate and reliable; however, errors sometimes occur. Every Man Ministries does not guarantee the accuracy of the Content and advises you independently to verify the accuracy of the information provided. We make no guarantee or warranty, whether express or implied, that you will find content that meets your needs. In addition, Every Man Ministries may make changes and improvements to the Content at any time. Every Man Ministries makes no representation or warranty as to the quality or qualification of any Service Provider referred to Member, and is not responsible or liable for any acts or omissions created or performed by such Service Providers.
THE SITE, THE CONTENT AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." EVERY MAN MINISTRIES AND ITS SUPPLIERS (INCLUDING THIRD-PARTY CONTENT PROVIDERS AND OTHER SERVICE PROVIDERS) DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATEVER RELATING TO THE SITE, THE CONTENT AND THE SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO GUARANTEE THAT THE CONTENT IS UP-TO-DATE, ACCURATE OR COMPLETE, AND YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE SITE, THE SERVICES AND THE CONTENT WILL BE FREE OF INTERRUPTION, OR THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
BY MEMBER'S USE OF THE SERVICES, THE CONTENT OR THE SITE, MEMBER AGREES AND ACKNOWLEDGES THAT MEMBER'S USE OF THE SERVICES, THE CONTENT AND THE SITE IS AT MEMBER'S OWN RISK. NEITHER EVERY MAN MINISTRIES NOR ITS SUPPLIERS ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CONTENT OR THE USE OF THE SERVICES OR THE SITE, OR WITH DELAY OR INABILITY TO USE THE SITE, WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY AND REGARDLESS OF WHETHER OR NOT THE MEMBER KNOWS, SUSPECTS OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
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 not known to him or her must have materially affected his or her settlement with the debtor."
TO THE EXTENT THAT ANY LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS UNENFORCEABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL EVERY MAN MINISTRIES, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR: (A) THE GREATER OF AWARDS, LOSSES OR DAMAGES IN EXCESS OF THE AMOUNT OF MEMBERSHIP FEES ACTUALLY PAID BY MEMBER WITHIN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR THE MINIMUM AMOUNT REQUIRED UNDER APPLICABLE LAW; OR (B) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances, and regulations in connection with your use of the Site.
The Services may be subject to United States export controls and may not be accessed or used by: (1) a national or resident of Cuba, Sudan, North Korea, Iran, Syria, or any other country subject to United States embargo from time to time that makes provision of Services through this Site unlawful; or (2) any person or entity identified on the U.S. Treasury Department's list of Specially Designated Nationals or any other list that prohibits the provision of Services through this Site. You hereby agree to the foregoing and represent and warrant that you are not a national, resident or under the control of any such country or on any such list.
Effective October 1, 2012