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Terms...
THE FOLLOWING DESCRIBES THE
TERMS ON WHICH WE OFFER YOU SERVICES.
BY PRESSING THE "SUBMIT" BUTTON WHEN YOU COMPLETE
A FORM OF ANY KIND, OR BY VISITING OR USING THE
GIFTS OF ENCOURAGEMENT, INC. WEB SITES, YOU ACCEPT
THE TERMS AND CONDITIONS BELOW AND AGREE THAT
THIS CONSTITUTES A BINDING CONTRACT BETWEEN YOU
AND GIFTS OF ENCOURAGEMENT, INC.
If you do not wish to be bound by these terms
and conditions, please do not visit or use the
Gifts of Encouragement, Inc. Web Sites. These
Terms of Service may be amended at any time by
us from time to time in our sole discretion without
specific notice to you. The latest Terms of Service
will be posted on our sites, and you should review
them prior to using the sites.
Description of Service
Gifts of Encouragement, Inc operates the Christian
Women's Speakers Directory and associated- web
pages. For purposes of these Terms of Service
all of these sites will be referred to as the
"CWD Web sites."
Gifts of Encouragement, Inc offers you access
to the CWD Web sites which provide you access
to a collection of on-line resources, including
personal information about authors, speakers and
other individuals in exchange for your agreement
to accept and comply with the terms, conditions,
and notices stated herein and as may be modified
by Gifts of Encouragement, Inc from time-to-time
in its sole discretion without notice to you.
Unless explicitly stated otherwise, any new features
or products that augment or enhance the current
Service shall be subject to these Terms of Service.
General Use of the
CWD Web sites
You promise that you will not use the CWD Web
sites, in whole or in part, for any purpose that
is unlawful or prohibited by these Terms of Use.
You agree that you will not modify, copy, distribute,
transmit, display, perform, reproduce, publish,
license, create derivative works from, frame in
another web page, use on any other web site, transfer,
or sell any information, software, lists of users,
databases or other lists, products or services
provided through or obtained from the CWD Web
sites. This means, among other activities, that
you agree not to engage in the practices of "screen
scraping", "database scraping", or any other activity
with the purpose of obtaining lists of users or
other information. You agree that you will not
use the CWD Web sites in any manner which could
damage, disable, overburden, or impair the CWD
Web sites or interfere with any other party's
use and enjoyment of the CWD Web sites. You may
not obtain or attempt to obtain any materials
or information through any means not intentionally
made available or provided for through the CWD
Web sites. Except with the written permission
of Gifts of Encouragement, Inc, you agree that
you will not access or attempt to access password
protected, secure or non-public areas of the CWD
Web sites. Unauthorized individuals attempting
to access prohibited areas of the CWD Web sites
may be subject to prosecution.
Registration/Privacy
Policy
In order for you to
participate in some of the Services, Gifts of
Encouragement, Inc will require that you provide
specific information about yourself, letters of
recommendation, and/or the payment of service
fees.
If you choose to participate in such services
and apply for a listing, or a link page on the
CWD Web sites, or, as an Event Planner, you submit
suggestions, feedback or URLs to our web sites,
you agree to provide true, accurate and complete
information and to refrain from impersonating
or falsely representing yourself and/or your affiliation
with any person or entity (such information being
"Submitted Data"). You agree and acknowledge that
Submitted Data from the afore mentioned process
is used to send you information about Gifts of
Encouragement, Inc and its Services, including,
but not limited to, the use of your email address
for newsletters and other necessary company communication.
Although privacy issues are very important to
us, given the current regulatory and technical
environment you should not have an expectation
of privacy in your Speaker Listing or Web link.
By way of example (without limiting the foregoing),
we may be forced to disclose information to the
government or third parties under certain circumstances,
or third parties may unlawfully intercept your
private communications. We cannot ensure that
all private communications or information associated
with your listing and/or links will remain private.
(PayPal handles all financial transactions and
they ARE a secure server.)
Content Submitted
to Gifts of Encouragement, Inc
The CWD Web sites include a number of venues such
as interactive maps, information segments, speaker
data and links, photos and personal information,
registration and feedback forms, and/or other
message or communication facilities designed to
enable you to disseminate and exchange information
to and with other members of the public.
Gifts of Encouragement, Inc. cannot be responsible
for the appropriateness, accuracy, sufficiency,
correctness, veracity, completeness, or timeliness
of all submitted information. Always use
caution when reviewing submitted data via personal
verification.
Speaker Conduct
You, and not Gifts of Encouragement, Inc, are
entirely responsible for confirming all information,
data, text, photographs, graphics, messages or
other materials posted via the Service.
Gifts of Encouragement, Inc does not confirm the
accuracy, correctness, veracity, or completeness
of all of the Submitted Data which is posted via
the Service and as such, does not guarantee the
accuracy, integrity or quality of such content.
With respect to the content of your personal submissions,
you agree not to: submit any content not related
to appropriate subject matters; submit any content
which is misleading to others, including, but
not limited to, event planners, speakers, or other
web site visitors; submit any content that is
unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable; submit
any content that you do not have a right to post
and transmit under any law or contractual or fiduciary
relationshipsnondisclosure agreements); interfere
with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks
connected to the Service; impersonate any person
or entity or falsely state or otherwise misrepresent
your affiliation with a person or entity; attempt
to access the accounts of others, or attempt to
penetrate security measures of Gifts of Encouragement,
Inc., the CWD Web sites, or other entities' systems
("hacking"), whether or not the intrusion results
in corruption or loss of data; resell or exploit
for any commercial purpose Gifts of Encouragement,
Inc.'s services by any and all means.
Should you submit or suggest information inappropriate
for this online community, we may change or remove
some or all of your listing or linked-page content
(unless they violate these Terms of Service in
which case they should not be on our system at
all). If we change or remove any of your content
and you oppose that decision, your only recourse
is to petition via email. Errors and reversed
decisions will be changes within 7 days at no
charge to you. However, should we insist
that the changes remain, and you oppose that decision,
your only recourse is to cancel your listing and/or
linked page and forfeit any remaining months of
service for which you have prepaid.
60-Day Paid-Listing
Unconditional Speaker Guarantee
Should a speaker choose to cancel her listing
and/or linked-page within 60-days of the dated
PayPal submission, for any reason whatsoever,
Gifts of Encouragement, Inc. shall refund 100%
of her investment, upon her request.
Breech
of Contract
We believe in each person's right to express themselves,
but should you breech any of the afore- mentioned
terms by falsifiying or misusing information in
any way, or by appearing to falsify or misuse
information in any way, your listing and/or link
will be promptly removed from the CWD Web sites
with no compensation for unused months of service.
Should we deem it necessary, for any reason other
than abuse of this contract, to remove your site,
we will refund to you the remaining portion of
your prepaid annual fee.
Third Party
Content
For your convenience, the CWD Web sites contain
content and information from Gifts of Encouragement,
Inc.'s speakers, partners and/or links to speaker/partner
web sites ("Speaker Content"). Such content is
not under the control of Gifts of Encouragement,
Inc. and Gifts of Encouragement, Inc. is not responsible
for such content, including, without limitation,
any link contained in such content, or any changes
or updates to such content. Gifts of Encouragement,
Inc. is providing such Speaker Content to you
only as a convenience, and the inclusion of such
content does not imply endorsement by Gifts of
Encouragement, Inc. of such content or the affiliate.
You may be subject to additional and/or different
terms, conditions, and privacy policies when you
use Speaker services, content, software, or sites.
Gifts of Encouragement, Inc. is not and will not
be responsible for (i) the terms and conditions
of any transaction between you and any Speaker,
Event Planner or other party, (ii) any insufficiency
of or problems with any such individual or organization's
background, performance, insurance, credit or
licensing, or (iii) the quality of services performed
by any such third party or any other legal liability
arising out of or related to the performance of
such services. In the event that you have a dispute
with any such third party, you release Gifts of
Encouragement, Inc. (and its affiliates, agents
and employees) from any and all claims, demands
and damages (actual and consequential) of every
kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes.
DISCLAIMER
OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
WE AND OUR SUPPLIERS PROVIDE OUR SERVICE, THE
CWD WEB SITES, AND SPEAKER LISTINGS AND WEB LINKs
"AS IS" AND WITHOUT ANY WARRANTY OR CONDITION
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR USE.
(B) GIFTS OF ENCOURAGEMENT, INC. MAKES NO WARRANTY
THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SERCURE OR ERROR-FREE, AND (iii) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE, THE CWD SITES
OR SPEAKER LISTINGS OR LINKED WEB SITES IS DONE
AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
IN NO EVENT SHALL GIFTS OF ENCOURAGEMENT,
INC. AND/OR OUR SUPPLIERS, SPEAKERS, EVENT PLANNERS,
ASSOCIATES OR AFFILIATES BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS
(HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF
GIFTS OF ENCOURAGEMENT, INC. OR ANY OF ITS SUPPLIERS,
SPEAKERS, ASSOCIATES OR AFFILIATES HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF
OR IN CONNECTION WITH (A) THE USE OR INABILITY
TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, (C) FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND REALTED GRAPHICS
OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING
OUT OF THE USE OF THE SERVICE, (D) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE,
OR (E) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY,
SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE CWD WEB SITES, OR WITH ANY OF THESE
TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE CWD WEB SITES.
Indemnification
You agree to indemnify and hold Gifts of Encouragement,
Inc. and its, speakers, event planners, suppliers,
affiliates, partners, subsidiaries, employees
harmless from any and all claims and demands,
including, but not limited to, reasonable attorneys'
fees, made by any third party due to or arising
out of any information, included but not limited
to speaker information, and your submitted information,
provided by you to Gifts of Encouragement, Inc.and/or
its affiliates.
Copyright
All materials on the CWD Web sites (as well as
the organization and layout of the CWD Web sites)
are owned and copyrighted or licensed by Gifts
of Encouragement, Inc., its affiliates or its
suppliers. All rights reserved. No reproduction,
distribution, or transmission of the copyrighted
materials at the CWD Web sites is permitted without
the written permission of Gifts of Encouragement,
Inc.. Any rights not expressly granted herein
are reserved.
Modification
Gifts of Encouragement, Inc. reserves the right
at anytime and from time to time to modify, discontinue,
temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree
that Gifts of Encouragement, Inc. shall not be
liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
Termination
You agree and acknowledge that Gifts of Encouragement,
Inc. may pre-screen content posted directly onto
the main and any linked pages of the CWD Web sites.
Gifts of Encouragement, Inc. and its designees
shall have the right (but not the obligation)
in their sole discretion to refuse, change, or
remove any content that is linked-to or submitted
by you or any other party to the CWD Web Sites.
You further agree that Gifts of Encouragement,
Inc. shall have the right to remove information
from your Speaker's Listing or Linked Site, or
your submitted feedback, links or other data,
with or without notice to you, at any time at
our sole discretion, for any reason. You further
agree that Gifts of Encouragement, Inc., in its
sole discretion, may terminate your listing and/or
links and/or your use of the Service for any reason,
including, without limitation, if you breach these
Terms of Service, for lack of use, if we are unable
to verify or authenticate any information you
provide to us, or if Gifts of Encouragement, Inc.
believes that you have violated or acted inconsistently
with the spirit of these Terms of Service. We
may also terminate your listing and/or linked
Web site if we decide, in our sole discretion,
to discontinue offering our services.
Modification
Gifts of Encouragement, Inc. reserves the right
at anytime and from time to time to modify, discontinue,
temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree
that Gifts of Encouragement, Inc. shall not be
liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
General Information
These Terms of Service shall be governed in all
respects by the laws of the state of Nevada, U.S.A.
as such laws are applied to agreements entered
into and to be performed entirely within Nevada
between Nevada residents. Both parties submit
to exclusive jurisdiction and venue in Nevada
and further agree that any cause of action arising
under these Terms of Service shall be brought
in a court in Clark County, Nevada. If any provision
of these Terms of Service is held to be invalid
or unenforceable, such provision shall be struck
and the remaining provisions shall be enforced.
Our failure to act with respect to a breach by
you or others does not waive our right to act
with respect to subsequent or similar breaches.
You may not assign or transfer these Terms of
Service or your rights in your Speaker listing
and/or linked Web Site, and any attempt to the
contrary is void. These Terms of Service sets
forth the entire understanding and agreement between
us with respect to the subject matter hereof.
The section titles in the Terms of Service are
for convenience only and have no legal or contractual
effect. A printed version of this Agreement shall
be admissible in judicial or administrative proceedings
based upon or relating to this Agreement to the
same extent and subject to the same conditions
as other business documents and records originally
generated and maintained in printed form.
The services hereunder are offered by
Gifts of Encouragement, Inc.
3155 East Patrick Lane, Suite 1
Las Vegas, NV 89120-3481
1-877-77-HOW-TO
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