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eFaith Terms of Service
- 1. Definitions
- eFaith.net™" (associated with efaith.net, eFaith) is an interactive
on-line service operated by New Heights Technologies, LLC
on the World Wide Web of the Internet. It consists of information
services and content provided by eFaith, eFaith.net, affiliates
of eFaith, eFaith.net and other third parties, who are not
necessarily affiliated with or endorsed by eFaith, eFaith.net.
Herein, the term "Subscriber" means each person or entity
who establishes or accesses a connection ("Account") for access
to and use of eFaith, eFaith.net.
- 2. General
- (A) This Agreement, which incorporates by reference other provisions
applicable to use of eFaith, eFaith.net sets forth the terms
and conditions that apply to use of eFaith, eFaith.net by
Subscriber. By using eFaith, eFaith.net (other than to read
this Agreement for the first time), Subscriber agrees to comply
with all of the terms and conditions hereof. The right to
use eFaith, eFaith.net is personal to Subscriber and is not
transferable to any other person or entity. Subscriber is
responsible for all use of Subscriber's Account (under any
screen name or password) and for ensuring that all use of
Subscriber's Account complies fully with the provisions of
this Agreement. Subscriber shall be responsible for protecting
the confidentiality of Subscriber's password(s), if any.
(B) eFaith, eFaith.net shall have the right at any time to change
or discontinue any aspect or feature of eFaith, eFaith.net,
including, but not limited to, content, hours of availability,
and equipment needed for access or use.
- 3. Changed Terms
- eFaith, eFaith.net shall have the right at any time to change
or modify the terms and conditions applicable to Subscriber's
use of eFaith, eFaith.net, or any part thereof, or to impose
new conditions, including, but not limited to, adding fees
and charges for use. Such changes, modifications, additions
or deletions shall be effective immediately upon notice thereof,
which may be given by means including, but not limited to,
posting on eFaith, eFaith.net, or by electronic or conventional
mail, or by any other means by which Subscriber obtains notice
thereof. Any use of eFaith, eFaith.net by Subscriber after
such notice shall be deemed to constitute acceptance by Subscriber
of such changes, modifications or additions.
- 4. Equipment
- Subscriber shall be responsible for obtaining and maintaining all telephone,
computer hardware, communications support, and other equipment
needed for access to and use of eFaith, eFaith.net and all
charges related thereto.
- 5. Subscriber Conduct
- (A) Subscriber shall use eFaith, eFaith.net for lawful purposes
only. Subscriber shall not post or transmit through eFaith,
eFaith.net any material which violates or infringes in any
way upon the rights of others, which is unlawful, threatening,
abusive, defamatory, 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,
or which, without eFaith, eFaith.net's express prior approval,
contains advertising or any solicitation with respect to products
or services. Any conduct by a Subscriber that in eFaith, eFaith.net's
discretion restricts or inhibits any other Subscriber from
using or enjoying eFaith, eFaith.net will not be permitted.
Subscriber shall not use eFaith, eFaith.net to advertise or
perform any commercial solicitation, including, but not limited
to, the solicitation of users to become subscribers of other
on-line information services competitive with eFaith, eFaith.net.
(B) eFaith, eFaith.net contains copyrighted material, trademarks
and other proprietary information, including, but not limited
to, text, software, photos, video, graphics, music and sound,
and the entire contents of eFaith, eFaith.net are copyrighted
as a collective work under the United States copyright laws.
eFaith, eFaith.net owns a copyright in the selection, coordination,
arrangement and enhancement of such content, as well as in
the content original to it. Subscriber may not modify, publish,
transmit, participate in the transfer or sale, create derivative
works, or in any way exploit, any of the content, in whole
or in part. Subscriber may download copyrighted material for
Subscriber's personal use only. Except as otherwise expressly
permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of
downloaded material will be permitted without the express
permission of eFaith, eFaith.net and the copyright owner.
In the event of any permitted copying, redistribution or publication
of copyrighted material, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be
made. Subscriber acknowledges that it does not acquire any
ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available
on eFaith, eFaith.net any material protected by copyright,
trademark or other proprietary right without the express permission
of the owner of the copyright, trademark or other proprietary
right and the burden of determining that any material is not
protected by copyright rests with Subscriber. Subscriber shall
be solely liable for any damage resulting from any infringement
of copyrights, proprietary rights, or any other harm resulting
from such a submission. By submitting material to any public
area of eFaith, eFaith.net, Subscriber automatically grants,
or warrants that the owner of such material has expressly
granted eFaith, eFaith.net the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify,
adapt, publish, translate and distribute such material (in
whole or in part) worldwide and/or to incorporate it in other
works in any form, media or technology now known or hereafter
developed for the full term of any copyright that may exist
in such material. Subscriber also permits any other Subscriber
to access, view, store or reproduce the material for that
Subscriber's personal use. Subscriber hereby grants eFaith,
eFaith.net the right to edit, copy, publish and distribute
any material made available on eFaith, eFaith.net by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit
of eFaith, eFaith.net, its officers, subsidiaries, affiliates
and its third party content providers and licensors and each
shall have the right to assert and enforce such provisions
directly or on its own behalf.
- 6. Disclaimer of Warranty; Limitation of Liability.
- (A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF eFaith, eFaith.net
IS AT SUBSCRIBER'S SOLE RISK. NEITHER eFaith, eFaith.net,
ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS,
THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT eFaith,
eFaith.net WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
USE OF eFaith, eFaith.net, OR AS TO THE ACCURACY, RELIABILITY
OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED
THROUGH eFaith, eFaith.net.
(B) eFaith, eFaith.net IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER
THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE
TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR
UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES
THAT eFaith, eFaith.net IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH SUBSCRIBER.
(D) IN NO EVENT WILL eFaith, eFaith.net, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING eFaith, eFaith.net
OR eFaith, eFaith.net SOFTWARE, BE LIABLE FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE eFaith, eFaith.net. SUBSCRIBER
HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL
APPLY TO ALL CONTENT ON eFaith, eFaith.net.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, eFaith,
eFaith.net, NOR ITS AFFILIATES OR PARENT(NEW HEIGHTS TECHNOLOGIES,
LLC), INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES,
OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY
OF, THE INFORMATION CONTAINED WITHIN eFaith, eFaith.net, OR
FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF
TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM
OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL
BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL
DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS
ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL
REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. eFaith,
eFaith.net, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS
BASED ON THE INFORMATION PROVIDED. NEITHER, eFaith, eFaith.net,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS
WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR
COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE
NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE
INFORMATION.
- 7. Monitoring
- eFaith, eFaith.net shall have the right, but not the obligation, to
monitor the content of eFaith, eFaith.net, including chat
rooms, forums, and hyperlinks, to determine compliance with
this Agreement and any operating rules established by eFaith,
eFaith.net and to satisfy any law, regulation or authorized
government request. eFaith, eFaith.net shall have the right
in its sole discretion to edit, refuse to post or remove any
material submitted to or posted on eFaith, eFaith.net. Without
limiting the foregoing, eFaith, eFaith.net shall have the
right to remove any material that eFaith, eFaith.net, in its
sole discretion, finds to be in violation of the provisions
hereof or otherwise objectionable.
- 8. Indemnification
- Subscriber agrees to defend, indemnify and hold harmless eFaith, eFaith.net,
its affiliates and their respective directors, officers, employees
and agents from and against all claims and expenses, including
attorneys' fees, arising out of the use of eFaith, eFaith.net
by Subscriber or Subscriber's Account.
- 9. Termination
- Either eFaith, eFaith.net or Subscriber may terminate this Agreement
at any time. Without limiting the foregoing, eFaith, eFaith.net
shall have the right to immediately terminate Subscriber's
Account in the event of any conduct by Subscriber which eFaith,
eFaith.net, in its sole discretion, considers to be unacceptable,
or in the event of any breach by Subscriber of this Agreement.
The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and
this Section 9 shall survive termination of this Agreement.
- 10. Trademarks
- eFaith, eFaith.net and all associated logos are trademarks,
registered trademarks, or copyrights of New Heights Technologies,
LLC, Inc. All rights reserved. All other trademarks appearing
at eFaith, eFaith.net are the property of their respective
owners.
- 11. Third Party Content
- eFaith, eFaith.net is a distributor (and, in some case, but not necessarily,
a publisher) of content supplied by third parties and Subscribers.
Accordingly, eFaith, eFaith.net has no more editorial control
over such content than does a public library, bookstore, or
newsstand. Any opinions, advice, statements, services, offers,
or other information or content expressed or made available
by third parties, including information providers, Subscribers
or any other user of eFaith, eFaith.net, are those of the
respective author(s) or distributor(s) and not of eFaith,
eFaith.net. Neither eFaith, eFaith.net nor any third-party
provider of information guarantees the accuracy, completeness,
or usefulness of any content, nor its merchantability or fitness
for any particular purpose. (Refer to Section 6 above for
the complete provisions governing limitation of liabilities
and disclaimers of warranty.)
In many instances, the content available through eFaith, eFaith.net
represents the opinions and judgments of the respective information
provider, Subscriber, or other user not under contract with
eFaith, eFaith.net. eFaith, eFaith.net neither endorses nor
is responsible for the accuracy or reliability of any opinion,
advice or statement made on eFaith, eFaith.net by anyone other
than authorized eFaith, eFaith.net employee spokespersons
while acting in their official capacities. Under no circumstances
will eFaith, eFaith.net be liable for any loss or damage caused
by a Subscriber's reliance on information obtained through
eFaith, eFaith.net. It is the responsibility of Subscriber
to evaluate the accuracy, completeness or usefulness of any
information, opinion, advice or other content available through
eFaith, eFaith.net. Please seek the advice of experts or professionals,
as appropriate, regarding the evaluation of any specific information,
opinion, advice or other content.
- 12. Governing Law
- This agreement shall be governed by the laws of the United States
of America without reference to its choice of law principles.
By using the service provide at eFaith, eFaith.net, each user
knowingly declares willingness to be bound by the terms and
conditions set forth in this Agreement.
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