Terms of and Conditions Service
Last updated: January 27, 2023
- Agreement to Terms
These terms and conditions of service constitute a legally binding agreement made between you,
whether personally or on behalf of an entity, and me, Howard Culbertson (5901 NW 81st Street,
Okla homa City, OK 73132, United States of America), concerning your access to and use of the
Christian Missions Mobilization website as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise connected thereto.
By accessing the Site, you agree that you have read, understood, and agreed to be bound by all
of these terms and conditions of service. If you do not agree with all of these terms and
conditions
of ervice, then you are expressly prohibited from using the site and must, therefore, immediately
discontinue use.
Supplemental terms and conditions or documents that may be posted on the Site from time to
time are hereby expressly incorporated herein by reference. I reserve the right, in my sole
discretion, to make changes or modifications to these Terms of Service.
I will alert users to changes by updating the the date of these Terms of Service, and you
waive any right to receive specific notice of such changes. You will be subject to, and will be
deemed to have been made aware of and to have accepted, the changes in any revised Terms of
Service by your continued use of the Site after the date such revised Terms of Use are posted.
Please check the applicable Terms of Service every time you use my Site.
The information provided on the Site is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be contrary to law or
regulation or which would subject me to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Site from other locations do so on
their own initiative and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability
and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.).
If your interactions would be subjected to such laws, you may not use this Site. You may not
use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old.
Intellectual Property Rights
Unless otherwise indicated, the Site is my proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics on the Site
including trademarks and logos are owned or controlled by me or licensed to me, and are
protected by copyright and trademark laws and various other intellectual property rights and
unfair competition laws of the United States, internationalcopyright laws, and international
conventions. The content is provided on the Site for your information and personal use only.
Except as expressly provided on specific pages (such as those identifgied as being licensed under
a
Creative Commons Attribution International License, no part of the Site and no content may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial
purpose whatsoever, without my express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use
the Site and to download or print a copy of any portion of the Content to which you have
properly gained access solely for your personal, non-commercial use. I reserve all rights not
expressly granted to you in and to the Site and its content
- User Representations
By using the Site, you represent and warrant that:
- You have the legal capacity and you agree to comply with these terms and conditions of
service
- You will not access the Site through automated or non-human means, whether through a bot,
script, or otherwise
- You will not use the Site for any illegal or unauthorized purpose
- Your use of the Site will not violate any applicable law or regulation
- Prohibited Activities
You may not access or use the Site for any purpose other than that for which I make the Site
available. The Site may not be used in connection with any commercial endeavors except those
specifically endorsed or approved by me.
You may not:
- Systematically retrieve data or other content from the Site (except for this pages
identified as being licensed under a Creative Commons Attribution International License) to
create or compile, directly or indirectly, a collection, compilation, database, or directory without
my written permission.
- Trick, defraud, or mislead other users and me, especially in any attempt to learn sensitive
account information.
- Circumvent, disable, or otherwise interfere with security-related features of the Site,
including
features that prevent or restrict the use or copying of any Content or enforce limitations on the
use of the Site and/or the Content contained therein.
- Use any information obtained from the Site to harass, abuse, or harm another person.
- Make improper use of my support services or submit false reports of abuse or
misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming that interferes with any party's
uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes
with the use, features, functions, operation, or maintenance of the Site.
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services
connected to the Site.
- Harass, annoy, intimidate, or threaten me or any of my agents engaged in providing any
portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site
or any portion of the Site.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse
engineer
any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including, without limitation, any spider, robot,
cheat utility, scraper, or offline reader that accesses the Site, or using or launching any
unauthorized script or other software.
- Use the Site and/or the Content for any revenue-generating endeavor or commercial
enterprise.
- Third-party Website and Content
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party
Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or originating from
third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are
not responsible for any Third-Party Websites accessed through the Site or any Third-Party
Content posted on, available through, or installed from the Site, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the
Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or
installation of any Third-Party Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or
to use or install any Third-Party Content, you do so at your own risk, and you should be aware
these Terms of Service no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to which you navigate from the
Site or relating to any applications you use or install from the Site. Any purchases you make
through Third-Party Websites will be through other websites and from other companies. I take no
responsibility whatsoever in relation to such purchases which are exclusively between you and
the applicable third party. You agree and acknowledge that I do not endorse the products or
services offered on Third-Party Websites and you shall hold me harmless from any harm caused
by your purchase of such products or services. Additionally, you shall hold me harmless from any
losses sustained by you or harm caused to you relating to or resulting in any way from any
Third-Party Content or any contact with Third-Party Websites.
- Site Management
I reserve the right, but not the obligation, to (1) monitor the
Site for violations of these Terms of Service and (2) take appropriate legal action against anyone
who, in my sole discretion, violates the law or these Terms of Service, including without
limitation, reportingsuch user to law enforcement authorities.
- Term
These Terms of Service shall remain in full force and effect while you use the Site.
- Modifications and Interruptions
I reserve the right to change, modify, or remove the contents of the Site or for any reason at my
sole discretion without notice. However, I have no obligation to update any information on my
Site. I also reserve the right to modify or discontinue all or part of the Site without notice at any
time. I will not be liable to you or any third party for any modification, suspension, or
discontinuance of the Site.
I cannot guarantee the Site will be available at all times. I may experience hardware,
software, or other problems or need to perform maintenance related to the Site, resulting in
interruptions and delays. I reserve the right to change, revise, update, suspend, discontinue, or
otherwise modify the Site at any time or for any reason without notice to you.You agree that I
have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of the Site. Nothing in these terms
and conditions of service will be construed to obligate me to maintain and support the Site or to
supply any corrections, updates, or releases in connection therewith.
- Governing Law
These Terms of Service and your use of the Site are governed by and construed in accordance
with the laws of the State of Oklahoma applicable to agreements made and to be entirely
performed within the State of Oklahoma, without regard to its conflict of law principles.
- Dispute Resolution
To expedite resolution and control the cost of any dispute, controversy, or claim related to
these Terms of Service by either you or me (individually and collectively, the Parties agree to
first
attempt to negotiate any dispute (except those Disputes expressly provided below) informally for
at least sixty (60) days before initiating the arbitration. Such informal negotiations commence
upon written notice from one Party to the other Party. If the Parties are unable to resolve
a dispute through informal negotiations, the dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved through binding arbitration. You understand
that without this provision, you would have the right to sue in Court and have a jury trial. The
arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the
American Arbitration Association ("AAA") and, where appropriate, the AAA Supplementary
Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of
which are available at the AAA website. Your arbitration fees and your share of arbitrator
compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by
the AAA Consumer Rules. The arbitration may be conducted in person, through the submission
of documents, by phone, or online. The arbitrator will make a decision in writing, but need not
provide a statement of reasons unless requested by either party. The arbitrator must follow
applicable law, and any award may be challenged if the arbitrator fails to do so. Except where
otherwise required by the applicable AAA rules or applicable law, the arbitration will take place
in
Oklahoma in the United States of America. Except as otherwise provided herein, the parties may
litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm,
modify,
vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a ispute
proceeds in court rather than arbitration, the dispute shall be commenced or prosecutded in the
state and federal courts located in Oklahoma, and the parties hereby consent to, and waive all
defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and
jurisdiction in such state and federal courts. Application of the United Nations Convention on
Contracts for the International Sale of Goods and the Uniform Computer Information
Transaction
Act (UCITA) is excluded from these Terms of Service.
If this provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any ispute falling within that portion of this provision found to be illegal or
unenforceable, and such dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of
that court.
Restrictions
The Parties agree that any arbitration shall be limited to the dispute between
the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined
with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there is no right or authority for
any dispute to be brought in a purported representative capacity on behalf of the general public or
any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following disputes are not subject to the above provisions concerning
informal negotiations and binding arbitration: (a) any disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a Party; (b) any dispute
related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;
and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any dispute falling within that portion of this provision
found to be illegal or unenforceable and such dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
- Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or
omissions, including descriptions and various other information. I reserve the right to correct
any errors, inaccuracies, or omissions and to change or update the information on the Site at any
time, without prior notice.
- Disclaimer
The site is provided on an as-is and as-available basis. You agree that your use of the site and my
services will be at your sole risk. To the fullest extent permitted by law, I disclaim all
warranties, express or implied, in connection with the site and your use thereof, including,
without
limitation, the implied warranties of fitness for a particularpiurpose, and non-infringement.
I make no warranties about the accuracy or completeness of the site content or the content of
any websites linked to the site and I will assume no liability or responsibility for any (1) errors,
mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any
nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access
to or use of the site's secure servers and/or any and all personal information and/or financial
information stored therein, (4) any interruption or cessation of transmission from the site, (5) any
bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any
third party, and/or (6) any errors or omissions in any content and materials or for any loss or
damage of any kind incurred as a result of the use of any content posted, transmitted, or
otherwise made available via the site. I do not warrant, endorse, guarantee, or assume
responsibility for any product or service advertised or offered by any hyper linked website, and I
will not be a Party to or in any way be responsible for monitoring any transaction between you
and any third-party providers of products or services. As with the purchase of a product or
service through any medium or in any environment, you should use your best judgment and
exercise caution.
- Limitations of Liability
In no event will I or my agents be liable to you or any third party for any direct, indirect,
consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost
revenue, loss of data, or other damages arising from your use of the site, even if I have been
advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, my liability to you for any cause
whatsoever and regardless of the form of the action, will at all times be limited to the lesser of
the amount paid, if any, by you to me or $25 USD.
Certain US state laws and international laws do not allow limitations on implied warranties or the
exclusion or limitation of certain damages. If these laws apply to you, some or all of the above
discaimers or limitations may not apply to you, and you may have additional rights.
- Indemnification
You agree to defend, indemnify, and hold me and all my agents and affiliates harmless, including
any subsidiaries, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys fees and expenses, made by any third party due to or
arising out of (1) use of the Site; (2) breach of these Terms of Service; (3) any breach of your
representations and warranties set forth in these Terms of Service; (4) your violation of the rights
of a third party, including but not limited to intellectual property rights; or (5) any overt harmful
act toward any other user of the Site with whom you connected via the Site. Notwithstanding the
foregoing, I reserve the right, at your expense, to assume the exclusive defense and control of
any matter for which you are required to indemnify me, and you agree to cooperate, at your
expense, with my defense of such claims. I will use reasonable efforts to notify you of any such
claim, action, or proceeding which is subject to this indemnification upon becoming aware of
it.
- Electronic Communications and Signatures
Visiting the Site and sending me emails constitute electronic communications.
You consent to receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications I provide to you electronically, via email and on the Site,
satisfy any legal requirement that such communication be in writing. You hereby agree to the use
of electronic signatures, orders, and other records, and to electronic delivery of notices, policies,
and other records regarding the Site. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
- California Users and Residents
If any complaint with me is not satisfactorily resolved, contact the Complaint Assistance Unit of
the Division of Consumer Services of the California Department of Consumer Affairs in writing
at
1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (6) 445-1254.
- Miscellaneous
These Terms of Service and any policies or operating rules posted by me on the Site or in
respect to the Site constitute the entire agreement and understanding between you and me. My
failure to exercise or enforce any right or provision of these Terms of Service shall not operate as
a waiver of such right or provision. These Terms of Service operate to the fullest extent
permissible by law. I may assign any or all of my rights and obligations to others at any time. I
shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause
beyond my reasonable control. If any provision or part of a provision of these Terms of Service is
determined to be unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these Terms of Service and does not affect the validity and enforceability
of any remaining provisions. There is no joint venture, partnership, employment or agency
relationship created between you and me as a result of these Terms of Service or use of the Site.
You agree that these Terms of Service will not be construed against me by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the electronic form
of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of
Service.
- Contact Us
To resolve a complaint regarding the Site or to receive further information regarding the use
of the Site, contact Howard Culbertson at