Terms of and Conditions Service

Last updated: January 27, 2023

  1. 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.
     
  2. 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
     
  3. User Representations

    By using the Site, you represent and warrant that:
  4. 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:
  5. 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.
     
  6. 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.
     
  7. Term

    These Terms of Service shall remain in full force and effect while you use the Site.
     
  8. 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.
     
  9. 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.
     
  10. 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.
     
  11. 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.
     
  12. 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.
     
  13. 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.
     
  14. 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.
     
  15. 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.
     
  16. 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.
     
  17. 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.
     
  18. Contact Us

    To resolve a complaint regarding the Site or to receive further information regarding the use of the Site, contact Howard Culbertson at ,