pages, interactive features, blogs, located at the following URL:
https://www.theshepherd.org, in addition to Twitter,
Facebook or other social networking Church sites, and their respective contents, whether accessed
via computer, mobile device or other technology (collectively, the "Sites"). The Sites
are offered by and its affiliated companies and Site developers (collectively,
"the Church", or "we",
CONDITIONAL USE OF SITES
Your access to and use of the Sites (or any part thereof) is subject to these Terms, and all
applicable laws. Certain features of the Sites may have additional terms, such as promotion
official rules, site content and behavior guidelines, and other terms and conditions. These
Terms govern your rights and responsibilities in connection with the particular Sites you are
using. By accessing and using the Sites and such other features, you signify your acceptance
and agreement to be bound by these Terms and the Church
into these Terms, and such other terms as may be applicable. These Terms are a binding legal
agreement between you and the Church: please read them carefully before you use the Sites. Do
not use the Sites if you do not agree with any of the terms contained herein.
By accessing or using any website with an authorized link to this Agreement
("Website"), registering an account or accessing or using any content, information,
services, features or resources available or enabled via the Website (collectively with the
Website, the "Services"), clicking on a button or taking another action to signify
your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future
amendments and additions to this Agreement as published through the Services; (2) represent
you are of legal age in your jurisdiction of residence to form a binding contract; and (3)
represent that you have the authority to enter into this Agreement personally and, if
applicable, on behalf of any company, organization or other legal entity on whose behalf you
use the Services. Except as otherwise provided herein, if you do not agree to be bound by
this Agreement, you may not access or use the Services.
RIGHTS; RESPONSIBILITIES; AND GENERAL RESTRICTIONS
You may use the Sites for your own personal, non-commercial informational purposes only.
You may not copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify,
create derivative works from or based upon, transmit, link from or to, decompile, reverse
engineer, incorporate into any hardware or software application, broadcast, distribute or
otherwise use or exploit any Site Content (as defined below) in any way, including for any
public or commercial purpose whatsoever, without our express authorization.
You may not use any third parties' likenesses, names, and/or properties without their
You may not: (i) send any material to the Sites; or (ii) embed, re-publish, maintain and/or
display any Site Content (including, without limitation, any of your own user submissions)
on any personal, customized social networking Web page(s), Web blog(s), or microblog(s) or
other web site or other Internet location that ordinarily contains or hosts content, that
is: unlawful, harmful (including any virus), threatening, libelous, defamatory, obscene,
vulgar, scandalous, inflammatory, pornographic, indecent or profane, hateful, racially,
culturally or ethnically offensive, or that encourages criminal conduct, or that gives
rise, or potentially gives rise, to civil or criminal liability, or that could constitute
or encourage a violation of any applicable laws, rules, regulations or Federal Trade
Commission guidelines ("Applicable Laws"), or that infringes or
violates other parties' intellectual property, publicity, or privacy rights or links to
infringing or unauthorized content.
You may not do anything on the Sites that would prevent other users' access to or use of
the Sites or any part thereof.
We may review, edit or delete materials you or others send to the Sites for any reason in
our sole discretion, but are not obligated to do so.
You are responsible for maintaining the confidentiality of any username or passwords
associated with access to the Sites or your account (including in those instances in which
the Sites uses the account creation mechanism and management of a third party's social
network, website or device) and to monitor and assume responsibility for all activities
that occur under your username and/or password.
We may cancel any registration(s) or account(s) on the Sites at any time, without notice
or liability, for any reason, including if technical problems, irregularities or misuse
personal data, any material you send to the Sites will be deemed non-confidential and
non-proprietary. This includes any data, questions, comments, suggestions, ideas or
other information, material or property. We (or our designees) will be entitled to use
any or all of it for any purpose, WITHOUT COMPENSATION TO YOU, including for reproduction,
disclosure, transmission, publication, broadcast and posting. You must only send material
to the Sites if you are the original author of the material or otherwise have the
necessary rights to use that material.
We try to make the Sites and the content thereon reliable, but inaccuracies may occur.
Therefore, regardless of anything else on the Sites or in these Terms:
USE OF THE SITES IS AT YOUR OWN RISK;
THE SITES ARE PROVIDED TO YOU "AS IS"; "WITH ALL FAULTS" AND
"AS AVAILABLE"; AND
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR RELATED PARTIES DISCLAIM ALL
WARRANTIES REGARDING THE SITES, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY
DAMAGES ARISING OUT OF:
STATEMENTS, ERRORS OR OMISSIONS ON THE SITES;
CONTENT INFRINGING ANY THIRD PARTY'S RIGHTS;
VIRUSES THAT MAY BE TRANSMITTED TO YOUR COMPUTER, PHONE, OR OTHER ELECTRONIC DEVICE;
LINKING TO ANY OTHER SITE OR ITS NATURE OR CONTENTS;
ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS AND/ OR ANY AND
ALL PERSONAL INFORMATION STORED THEREIN;
PERSONAL INJURY OR PROPERTY DAMAGE; OR
ANY OTHER MATTER REGARDING THE SITES AND YOUR USE OF IT.
When registering an account for the Services ("Account"), you agree to provide only
true, accurate, current and complete information requested by the registration form (the
"Registration Data") and to promptly update the Registration Data thereafter as
necessary. You represent that you are not barred from using the Services under any applicable
law and that you will be responsible for all activities that occur under your Account. You
agree to monitor your Account to restrict its use by minors and other unauthorized users and
agree not to share your Account or password with anyone. You further agree to notify us
immediately of any unauthorized use of your password or any other breach of the security of
your Account and to exit from your Account at the end of each session. You agree not to
create an Account using a false identity or alias or if you previously have been banned from
using any of the Services. We reserve the right to remove or reclaim any usernames at any
time and for any reason. You acknowledge and agree that you have no ownership or other
property interest in your Account and that all rights in and to your Account are owned by and
inure to the benefit of us.
You agree to pay all fees or charges to your Account in accordance with the fees, charges and
billing terms in effect at the time a fee or charge is due and payable. You also agree to pay
all applicable taxes. You must provide us with valid payment information in connection with
your orders. By providing us with your payment information, you agree that (i) we are
authorized to immediately invoice your Account for all fees and charges due and payable to us
hereunder, (ii) we are authorized to share any payment information and instructions required
to complete the payment transactions with its third-party payment service providers (e.g.,
credit card transaction processing, merchant settlement, and related services), and (iii) no
additional notice or consent is required for the foregoing authorizations. You agree to
immediately notify us of any change in your payment information. We reserve the right at any
time to change its prices and billing methods. If payment cannot be charged to your payment
card or your payment is returned for any reason, we reserve the right to either suspend or
terminate your access to the upaid-for services.
The Services may contain links to third-party services such as third party websites,
applications, or ads ("Third-Party Links"). When you click on such a link, we will
not warn you that you have left the Services. We do not control and are not responsible for
Third-Party Links. We provide these Third-Party Links only as a convenience and does not
review, approve, monitor, endorse, warrant, or make any representations with respect to them,
or any content, products or services accessible through such links. Your use of all
Third-Party Links is at your own risk.
LIMITATION OF LIABILITY.
Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL
NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE,
EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA,
PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE WE ARE
LIABLE TO YOU EXCEED THE GREATER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO US BY YOU DURING
THE TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH
LIABILITY, (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE OR REGULATION UNDER WHICH SUCH
CLAIM ARISES, OR (C) ONE HUNDRED DOLLARS ($100). THE FOREGOING CAP ON LIABILITY SHALL NOT
APPLY TO CHURCH LIABILITY OF FOR (X) DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY
CAUSED BY OUR GROSS NEGLIGENCE OR FOR (Y) ANY INJURY CAUSED BY A OUR FRAUD OR FRAUDULENT
BY USING THE SITES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS
RELATED PARTIES, AND ITS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS,
SHAREHOLDERS, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS, FROM ALL DAMAGES, COSTS AND
EXPENSES, INCLUDING REASONABLE LAWYER'S FEES AND COSTS, ARISING OUT OF ANY OF THE
ANY CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, LIBEL, DEFAMATION
RELATING TO ANY MATERIALS YOU SEND TO THE SITES;
ANY ACTIVITY RELATING TO YOUR INTERNET ACCOUNT, INCLUDING NEGLIGENT OR WRONGFUL
CONDUCT BY YOU OR ANYONE USING THE SITES THROUGH YOUR INTERNET, CELL PHONE, OR
SOCIAL NETWORKING ACCOUNT;
THE VIOLATION OF ANY APPLICABLE LAWS AND/ OR THESE TERMS BY YOU AND/ OR ANYONE USING
YOUR ACCOUNT TO ACCESS AND/ OR OTHERWISE USE THE SITES (IN WHOLE OR IN PART);
YOUR VIOLATION OF ANY PERSON’S PRIVACY, PUBLICITY OR OTHER RIGHT;
ANY OTHER MATTER REGARDING THE SITES AND YOUR USE OF THEM.
You agree to use best efforts to cooperate with us in the defense of any such matter.
We reserve the right, at your expense, to assume the exclusive defense and control of
any matter subject to indemnification by you.
You agree that any dispute between you and us relating in any way to the Services, our
advertising or marketing practices, any Products sold or distributed through the
Services, or this Agreement, will be resolved by binding arbitration, rather than in
court, except that (1) you may assert claims in small claims court if your claims
qualify, so long as the matter remains in such court and advances only on an
individual (non-class, non-representative) basis; and (2) you or we may seek equitable
relief in court for infringement or other misuse of intellectual property rights (such
as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
This Arbitration Agreement shall apply, without limitation, to all claims that arose
or were asserted before the Effective Date of this Agreement or any prior version of
IF YOU AGREE TO ARBITRATION WITH US, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT
PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST
US ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY
AGREEING TO ARBITRATION, YOU MAY BRING COVERED CLAIMS AGAINST US ONLY IN AN INDIVIDUAL
ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR
OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY
CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS ARBITRATION AGREEMENT.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and
enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must
send a letter requesting arbitration and describing your claim to Administration c/o
Shepherd Church, 19700 Rinaldi Street, Porter Ranch CA 91326. The arbitration will
be conducted by JAMS, an established alternative dispute resolution provider. Disputes
involving claims and counterclaims with an amount in controversy under $250,000, not
inclusive of attorneys' fees and interest, shall be subject to JAMS' most current
version of the Streamlined Arbitration Rules and procedures available at
http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject
to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures,
available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are
also available at www.jamsadr.comor by calling JAMS at 800-352-5267. If JAMS is not
available to arbitrate, the parties will select an alternative arbitral forum. If the
arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing
and/or other fees and you cannot obtain a waiver from JAMS, we will pay them for you.
In addition, we will reimburse all such JAMS' filing, administrative, hearing and/or
other fees for claims with an amount in controversy totaling less than $10,000 unless
the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written
submissions, or in person in the county where you live or at another mutually agreed
location. Any judgment on the award rendered by the arbitrator may be entered in any
court of competent jurisdiction.
Authority of Arbitrator. The arbitrator, and not any federal, state or local court
or agency shall have exclusive authority to resolve any dispute related to the
interpretation, applicability, enforceability or formation of this Arbitration
Agreement including, but not limited to any claim that all or any part of this
Arbitration Agreement is void or voidable. The arbitrator will decide the rights and
liabilities, if any, of you and us. The arbitration proceeding will not be
consolidated with any other matters or joined with any other proceedings or parties.
The arbitrator shall have the authority to grant motions dispositive of all or part
of any claim or dispute. The arbitrator shall have the authority to award monetary
damages and to grant any non-monetary remedy or relief available to an individual
under applicable law, the arbitral forum's rules, and this Agreement (including the
Arbitration Agreement). The arbitrator shall issue a written award and statement of
decision describing the essential findings and conclusions on which any award (or
decision not to render an award) is based, including the calculation of any damages
awarded. The arbitrator shall follow the applicable law. The arbitrator has the same
authority to award relief on an individual basis that a judge in a court of law
would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND CHURCH HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY
RIGHTS TO SUE IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE
A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Church are instead electing that all
covered claims and disputes shall be resolved by arbitration under this Arbitration
Agreement, except as specified herein. An arbitrator can award on an individual
basis the same damages and relief as a court and must follow this Agreement as a
court would. However, there is no judge or jury in arbitration, and court review of
an arbitration award is subject to very limited review.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF
THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A
CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE FOR
CLAIMS COVERED BY THIS ARBITRATION AGREEMENT, AND CLAIMS OF MORE THAN ONE CUSTOMER
OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR
USER. Notwithstanding anything to the contrary herein, in the event that this
section is deemed invalid or unenforceable with respect to a particular claim or
dispute, neither you nor we shall be entitled to arbitration of such claim or
dispute and instead the applicable claim or dispute shall be resolved in a court
as set forth below.
To the extent the parties are permitted under this Agreement to initiate litigation
in a court, both you and Meredith agree that all claims and disputes arising out of
or relating to this Agreement will be litigated exclusively in the state courts in
Los Angeles County, California or federal courts located in the Central District of
Severability. Subject to "Waiver of Class or Consolidated Actions," above, if
any part or parts of this Arbitration Agreement are found under the law to be invalid or
unenforceable, then such specific part or parts shall be of no force and effect and
shall be severed and the remainder of the Arbitration Agreement shall continue in full
force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination or
expiration of the Agreement or your relationship with us.
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree
that if we make any future material change to this Arbitration Agreement, it will not
apply to any individual claim(s) of which you had already provided notice to us.
Assignment. This Agreement, and your rights and obligations hereunder, may not be
assigned, subcontracted, delegated or otherwise transferred by you without our prior
written consent, and any attempted assignment, subcontract, delegation, or transfer
in violation of the foregoing will be null and void.
Force Majeure. We shall not be liable for any delay or failure to perform resulting from
causes outside its reasonable control, including, but not limited to, acts of God, war,
terrorism, riots, embargos, acts of civil or military authorities, fire, floods,
accidents, strikes or shortages of transportation facilities, fuel, energy, labor or
The Sites may contain links to other web sites and/or other social networking sites that we
do not own or operate. We do not control, recommend or endorse and are not responsible for
these sites or their content, products, services or privacy policies or practices.
Downloading material from certain sites may risk infringing intellectual property rights or
introducing viruses into your system. You should note when you leave the Sites and read the
privacy policies and terms of these other sites. You should also independently assess the
authenticity of any website or social networking site which appears or claims that it is
one of our sites (including those linked to through an email).
We (or our associated or affiliated companies or third parties who have licensed its brands
to the Church or contributed to the Sites) ("Content Owner") own
or license from third parties all Site Content. All Site Content and all copyrights,
patents, trademarks, service marks, trade names and all other intellectual property rights
therein remains the sole property of the applicable Content Owner and is protected under
all relevant international copyright, trademark and other intellectual property laws.
Nothing on the Sites should be construed as granting any license or rights to use or
distribute any Site Content, without our express written agreement or of the other
applicable Content Owner.
You understand and agree that the Church may, in its sole discretion, without liability or
prior notice and at any time, terminate or temporarily suspend your rights to access or use
of the Sites, and discard, remove, and/or disable or deactivate any or all of your
submissions or materials and data that you (and/or anyone else) may have sent to the Sites.
The Church may also, in its sole discretion, without liability and at any time, discontinue
the Sites or any parts thereof or limit or restrict any user access thereto, for any
reason, with or without prior notice. You may discontinue your access to, use or
participation on or by means of the Sites at any time.
We control and operate the Sites from the State of California, USA (the
"Jurisdiction") (regardless of where hosting servers are
located). All matters relating to the Sites are governed by the laws of the above
Jurisdiction, without reference to conflict or choice of law principles. You agree that
jurisdiction and venue for any legal proceeding relating to the Sites shall be in
appropriate courts located in the above Jurisdiction. We do not warrant or imply that the
Sites or materials on it are appropriate for use outside of the USA. The information set
forth in the Sites concerning any products or services is applicable only in the
Jurisdiction, and these products or services may not be available in all locations. If
you are located outside of the USA, you are solely responsible for compliance with any
applicable local laws in the jurisdiction from where you access or use the Sites.
If for any reason, any provision of these Terms is found unlawful, void or
unenforceable, it shall be deemed severed from these Terms and the remaining provisions
will continue in full force and effect. The failure of the Church to exercise or enforce
any right or provision of these Terms shall not constitute a waiver of such right or
As used herein:
"Damages" means any and all direct, special, indirect,
consequential loss or, exemplary or punitive damages or other damages of any kind,
including damages for loss of revenues, profits, goodwill, use, data or other
intangible losses (whether in contract, including fundamental breach, tort, including
negligence, statutory or otherwise).
"including" means including, but not limited to.
"materials sent to the Sites" (and
"materials you send to the Sites" and other like terms)
means anything emailed, uploaded, posted or otherwise transmitted or sent to the Sites
(whether information, text, material, data or code or other) by you or another user.
"Related Parties" means all of our parent, subsidiary and
affiliated companies, Site Developers and other promotional partners.
"Site Contents" means any and all information, text, images,
audio, video, designs, names, logos, trademarks, data, code or other information,
material or content on the Sites.
"Site Developer" means any party involved in creating,
producing, delivering or maintaining the Sites.
"use of the Site(s)" (and "using"
and other like terms) means any and all use of the Sites of any kind whatsoever,
including access to, browsing of, reviewing, posting of, transmitting, reviewing,
downloading, and other using the Sites or any material on the Sites.
"Warranties" means any warranties or representations,
express or implied (including, without limitation, any implied warranties of
merchantability or fitness for a particular purpose, title, non-infringement or
freedom from computer virus).
Please note, we may change, modify or add to the information on the Sites and/or these
will be effective when posted. You should regularly review these Terms for any changes.
Your use of the Sites, after any changes to these Terms are posted will be considered
acceptance of those changes and will constitute your agreement to be bound thereby; and
by providing continued access to the Sites we are providing you consideration for
agreement to such changes. If you object to any such changes, your sole recourse will
be to stop using the Sites.
If you have any questions or concerns regarding these Terms, please contact us at:
Attn: Administration c/o Shepherd Church
Address: 19700 Rinaldi Street, Porter Ranch, CA 91326
Telephone: (818) 831-9333
UPDATED AS OF: May 27, 2018