Terms

/Terms
Terms 2010-08-17T16:54:47-04:00

Terms of Use
IMPORTANT! THESE TERMS OF USE (THESE “TERMS OF USE”) GOVERN YOUR USE OF THE MCGREGOR.NET WEBSITES (THE “WEBSITES”) PROVIDED BY MCGREGOR BAPTIST CHURCH., (COLLECTIVELY “MCGREGOR”). BY ACCESSING AND/OR USING THE WEBSITES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THE FOLLOWING TERMS OF USE.

1. Permitted Use. You have a nonexclusive, nontransferable, limited, revocable right to use the Websites solely for your personal educational, informational, and entertainment use. You will not use the Websites for any other purpose, including any commercial purpose, without McGregor’ express prior written consent. For example, you will not and will not authorize any other person to (i) Co-brand the Websites or portion thereof, or (ii) frame the Websites or portion thereof (whereby the Websites or portion thereof will appear on the same screen with a portion of another website). “Co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Websites or content accessible within the Websites. You agree to cooperate with McGregor in causing any unauthorized Co-branding, framing or linking to immediately cease.

You may use the Websites for lawful purposes only. You may not post or transmit through the Websites any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. McGregor will fully cooperate with any law enforcement authorities or court order requesting or directing McGregor to disclose the identity of anyone posting such information or materials.

2. Trademarks. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Websites are registered and unregistered Trademarks of McGregor and its licensors, content providers, and business partners. Nothing contained on the Websites should be construed as granting, by implication, estopple, or otherwise, any license or right to use any Trademark displayed on the Websites without the written permission of McGregor or such party that may own the Trademark. Your use of the Trademarks displayed on the Websites, or any other content on the Websites, except as provided in these Terms of Use, is strictly prohibited. McGregor will aggressively enforce their intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

3. Proprietary Information. The content accessible within the Websites, including without limitation, all articles, press releases, Trademarks, graphics, charts, screen captures, clipart, text, links, product information, and other information (collectively, the “Content”) is the proprietary information of McGregor and their content providers, and McGregor and their content providers retain all right, title, and interest in the Content. Accordingly, You will not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of McGregor or the applicable content provider, except that yYou may print out a copy of Content solely for your personal use. In doing so, you will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.

4. Indemnity. You will indemnify and hold McGregor, their licensors, content providers, service providers and contractors (the “Indemnified Parties”) harmless from your breach of these Terms of Use and Your use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Websites.

5. Disclaimers. Your use of and browsing in the Websites are at your sole risk. THE WEBSITES AND ALL CONTENT ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. MCGREGOR DO NOT WARRANT THAT THE WEBSITES OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO MCGREGOR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITES OR CONTENT OR AS TO THE ACCURACY, COMPLETENESS, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE WEBSITES. Some jurisdictions may not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to You.

McGregor does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to the Websites for the reconstruction of any lost data. McGregor does not assume any responsibility or risk for your use of the Internet.

6. Limitation of Liability. MCGREGOR, THEIR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, AND THEIR EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “COMPANIES AND THEIR AFFILIATES”), WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF REVENUE, LOST PROFITS OR SIMILAR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR ACCESS TO THE WEBSITES, CONTENTS OR INABILITY TO USE THE WEBSITES OR OTHERWISE ARISING IN CONNECTION WITH THESE WEBSITES, EVEN IF MCGREGOR AND THEIR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MCGREGOR AND THEIR AFFILIATES (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO MCGREGOR FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE, OR IF YOU HAVEN’T MADE ANY PAYMENTS TO MCGREGOR, THEN THE LIABILITY OF MCGREGOR AND THEIR AFFILIATES SHALL NOT EXCEED $100.00. Some jurisdictions may not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to You.

7. License. By communicating with McGregor (by e-mail or otherwise) You grant McGregor an irrevocable, non-exclusive, transferable and worldwide royalty-free right and license to use, reproduce, modify, adapt, translate, publicly perform and display, distribute, sublicense, create derivative works from, and sell any information, message, suggestion, idea or concept You communicated to McGregor (in whole or in part) for any purpose McGregor choose, commercial, public or otherwise.

8. Links. These Websites may contain hyperlinks to websites operated by third parties other than McGregor. Such hyperlinks are provided for your references only. McGregor does not control such third party websites and are not responsible for their contents or the products and services offered on the third party websites. McGregor’s inclusion of the hyperlinks to such websites does not imply any endorsement of the material on such website or any association with their operators. Operators of other websites may not maintain links to the Websites without McGregor’ express prior written consent. McGregor reserves the right to prohibit other websites from linking to the Websites.

9. Changes. McGregor has the right at any time to change or discontinue any aspect or feature of the Websites. These Terms of Use are subject to change by McGregor at any time in their discretion. Your use of the Websites after such changes are implemented constitutes your acceptance of the changes. Please consult these Terms of Use regularly.

10. Miscellaneous. If any Section or provision of these Terms of Use are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such Section or provision shall be deemed severed from these Terms of Use and the validity of the remainder of these Terms of Use shall not be affected thereby. These Terms of Use shall be governed by and construed in accordance with the laws of Florida applicable to contracts made and to be enforced wholly within such state. You and McGregor (collectively the “Parties;” individually a “Party”) irrevocably agree that any legal action, suit or proceeding brought by it in any way arising out of these Terms of Use must be brought solely and exclusively in the United States District Court for the Southern District of Florida or in the circuit court of the State of Florida located in Lee County, Florida, and irrevocably accept and submit to the sole and exclusive jurisdiction of each of the aforesaid courts in person, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party. The waiver by either Party of any provision of these Terms of Use on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms of Use on any other occasion or upon any other circumstances. These Terms of Use may be waived or amended only in a writing signed the Parties.