Conditions of Use

Conditions of Use

ACCEPTABLE USE POLICY & TERMS AND CONDITIONS

SERVICE AGREEMENT TERMS AND CONDITIONS GOVERNING USE OF MISSIONTIES.COM DEFINITIONS; SCOPE OF AGREEMENT; LEGAL CAPACITY; ACCEPTANCE OF AGREEMENT; CREDIT CARD AUTHORIZATION


Definitions. As used in this Service Agreement, the following terms have the indicated Meanings:"You", "User", "Users": All persons who have registered to use MissionTies.com by completing and submitting the Order Form.

"The Service" or "the Services": All services of whatever nature which you order and/or purchase on the "Order Form" at MissionTies.com.

"The Agreement": This Service agreement, including all its terms and conditions.

"Order Form": The registration form

Scope of This Agreement. This Agreement applies to and governs the purchase and use of all services of whatever nature which you order and/or purchase at MissionTies.com.

Competence to Enter into This Agreement. By submitting a completed Order Form, you represent to MissionTies.com that you are a legal adult in the jurisdiction in which you live, and in any event not less than 18 years of age, and are thus legally competent to enter into binding contracts. You represent and warrant that you have full authority and right to enter into this Agreement and that there are no conflicting claims relating to the rights granted by this Agreement.

Acceptance of This Agreement. By submitting a completed Order Form, you represent that you have read and understand this Agreement and that you agree to be bound its terms and conditions. You agree that MissionTies.com shall have the right and sole discretion to make modifications to the terms and conditions of this Agreement at any time it deems necessary and that your continued use of the Service shall be conclusive evidence that you understand, accept, and agree to any such modifications.

Credit Card Authorization. Acceptance of this Agreement by MissionTies.com may be subject, in MissionTies.com's absolute discretion, to satisfactory completion of a credit card authorization.

LIMITATIONS AND RESTRICTIONS ON USE OF MISSIONTIES.COM.

MissionTies.com is committed to ensuring the privacy and accuracy of Users' confidential information. MissionTies.com does not actively review or share personal information gathered from its Web servers. Further, MissionTies.com does not undertake any responsibility to monitor, censor, or edit the content of Users' messages.

MissionTies.com assumes no responsibility for any consequential or incidental effects, even if allegedly foreseeable, which may arise due to the timeliness, deletion, and/or mis-delivery of e-mail messages, or for the failure to store e-mail messages. User understands and agrees that the Service of MissionTies.com is intended for ordinary correspondence to and from missionaries and their family and friends, and not for the transmission of messages containing information pertaining to emergencies, life-and-death circumstances, vital health or safety information, important financial information, or other information which is of critical importance to you or the recipient.

User agrees to bear full responsibility for maintaining the confidentiality of User's account username and password, and is responsible for all uses of such account, whether or not authorized by User. User agrees to provide prompt notification to MissionTies.com of any unauthorized use of User's account.

User agrees not to use MissionTies.com to send any message or material that is inconsistent with the terms of the Acceptable Use Policy, and further agree not to use MissionTies.com for junk mail, "spamming", solicitations (commercial or non-commercial), chain letters, or any use of distribution lists to any person who has not given specific permission to be included in such a process. MissionTies.com reserves the right to terminate any User's account, or to take any other corrective action it deems appropriate, in case of a User providing MissionTies.com with false or misleading registration information or violating any term or condition of this Agreement. In the event termination or other such corrective action is taken, any fees paid in advance to MissionTies.com shall be forfeited and charges for any months of service remaining under the term of this Agreement shall be accelerated and payable immediately.

MissionTies.com and/or third parties may, from time to time, send e-mail messages to Users containing advertisements, promotions, etc. MissionTies.com makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained in response to such e-mail messages and expressly disclaims any liability with respect thereto.

BILLING AND PAYMENT.

User agrees to bear responsibility for all fees and charges assessed for Services as set forth in the Order Form. You further acknowledge the right of MissionTies.com to modify any such fee payment schedule upon sixty (60) days advance notification.

Service charges shall be invoiced in accordance with the terms and conditions set forth herein. All payments shall be made in U.S. currency by credit card on or before the date upon which payment is due, as provided under the Order Form. Accounts owing after such due date may be suspended or terminated. Such suspension or termination shall not relieve User's obligation to pay such amounts owing.

User agrees to reimburse MissionTies.com for all reasonable expenses, including attorney's fees, costs, and collection agency fees, which may be incurred in enforcing its rights under this Agreement. User agrees to pay all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to this Service, to the extent the jurisdiction in which User lives may assess such taxes, or in the event any taxes are incurred by virtue of User's purchase or sale of various goods or services through MissionTies.com.

FORCE MAJEURE, DISCLAIMERS, INDEMNIFICATION, AND LIMITATIONS ON DUTIES AND LIABILITY.

Force Majeure. You specifically agree as a material condition of this Agreement and your use of the Service that MissionTies.com shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third parties involved in delivery chain to perform delivery services, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.

Disclaimer of Warranty. As a material condition of this Agreement and User's use of the Service, User acknowledges and agrees that MissionTies.com exercises no control over, and accepts no responsibility for, the content of the information passing through MissionTies.com host computers, network hubs and points of presence (the "MissionTies.com Network") or the Internet. Neither MissionTies.com, its employees, affiliates, agents, suppliers, third-party information providers, merchants, licensors nor the like make any warranties of any kind, either expressed or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose, or non-infringement for the Services MissionTies.com provides. You agree that your use of MissionTies.com's Services is solely at your own risk. You agree that such services are provided on an "as is," "as available" basis. Neither MissionTies.com, its employees, affiliates, agents, third-party information providers, merchants, licensors or the like make any warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, satisfactory, or error free; nor does MissionTies.com make any warranty as to the results that may be obtained from the use of this service. You agree that MissionTies.com is not liable for the content of any data transferred either to or from you or stored by you or any party granted access to your account via the Services provided by MissionTies.com.

Indemnification. You specifically agree as a material condition of this Agreement and your use of the Service that you will indemnify, defend, and hold harmless MissionTies.com and its employees, officers, directors and agents (collectively "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to the use of the Services, including any violation of the MissionTies.com Acceptable Use Policy.

Limitation of Liability. You specifically agree as a material condition of this Agreement and your use of the Service that MissionTies.com will not be liable for any (a) suspension or loss of an e-mail message; (b) access delays or access interruptions to MissionTies.com's system; (c) data non-delivery, mis-delivery, corruption, destruction or other modification between you and MissionTies.com; (d) events beyond MissionTies.com's reasonable control; (e) the processing of this application; (f) loss or liability from acts of God; (g) loss or liability resulting from errors, omissions, or misstatements in any and all information or services provided under this Agreement; (h) application of the dispute policy. In no event will MissionTies.com's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise), exceed the actual dollar amount paid by User for the Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.


MISCELLANEOUS PROVISIONS.

Ownership of Data. You agree and acknowledge that MissionTies.com owns all databases, compilations, collective and similar rights, title and interests generated by information relating to MissionTies.com customers, and all information and derivative works generated from the MissionTies.com database. MissionTies.com expressly disclaims any ownership interest in any User works sent through the MissionTies.com system outside of MissionTies.com's respective rights to the customer database. Ownership of data by MissionTies.com may be subject to licensing agreements with or co-ownership rights of third parties.

Entire Agreement. This Agreement, together with any other document or agreements specifically identified in this Agreement, represents the entire agreement between the parties, and supercedes all previous representations, understandings or agreements.

Severability. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

Amendment of Agreement; Non-waiver of Rights. Except as otherwise provided herein, this Agreement may not be amended except upon the written consent of User and MissionTies.com. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by MissionTies.com of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.

Assignment. This Agreement shall be binding upon and inure to the benefit of User, MissionTies.com, and all respective successors, heirs, and assigns. However, User may not assign this Agreement without the prior written consent of MissionTies.com.

Governing Law. As a material condition of this Agreement and your use of the Service, you agree that the validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws principles.