Last Revised:  October, 2018

The website located at https://www.jesusisthesubject.org/, as well as any websites and blogs directly owned by Church of God Ministries, Inc. (CGM), (“the Websites”), are published, owned, and operated by CGM, its affiliates and related entities (“Church of God,” “Company,” “we,” “us,” and “our”).  These Terms of Use (the “Terms”) govern your access to and use of the Websites.  By accessing, browsing, submitting information to and/or using the Websites, you agree and acknowledge on your own behalf (referred to throughout the Terms as “you”) that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. If you do not agree to the Terms, please do not use the Websites.  The Websites provide information about CGM programs and ministries and allow users to learn about CGM ministers and churches, register for events, and donate to the CGM and its endorsed agencies and ministries (“the Services”).

Purpose of the Websites.  The Websites are provided solely for informational purposes and the purposes of enabling communication between you and the CGM. We do not warrant the accuracy, completeness, or usefulness of this information at any particular time.  Any reliance you place on such information is strictly at your own risk. The CGM disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by the CGM through the Websites shall be handled in accordance with the Websites’ Privacy Policy, which is hereby incorporated by reference.

Use of the Websites.  The CGM grants you a non-exclusive right to access and use the Websites and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Websites shall be limited to non-commercial purposes unless you are otherwise expressly authorized by the CGM to use the Websites for commercial purposes. You agree to use the Websites only for lawful purposes, comply with all rules governing any transactions on and through the Websites, and comply with applicable laws.

User Account Responsibility:  If you are given or create a password to access the Websites, you are responsible for maintaining the confidentiality of your new account and your password.  You are responsible for all activities that occur under your account and you agree to notify the CGM immediately of any unauthorized use of your account.  The CGM is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

Prohibited Uses:  You agree that you will not:

  • Use the Websites for any purpose that is unlawful or contrary to these Terms;
  • Use the Websites in any manner that could damage, disable, overburden, or impair the Websites or interfere with any other party’s use and enjoyment of them;
  • Attempt to gain unauthorized access to any account, computer systems or networks associated with the CGM or the Websites;
  • Obtain or attempt to obtain any materials or information through the Websites by any means not intentionally made available or provided for by the CGM;
  • Use any robot, spider, or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
  • Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack; or
  • Impersonate or attempt to impersonate the CGM, a CGM employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

Third Party Sites:  The Websites may contain links to websites controlled or operated by persons or companies other than the CGM (“Linked Sites”). For example, the Websites might provide access to Linked Sites from which you can register for events.  The Linked Sites are not under the control of the CGM, and the CGM is not responsible for the content of any Linked Site, including without limitation, any link contained on a Linked Site, or any changes or updates to a Linked Site. The CGM is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site.  The CGM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the CGM of the site or any association with its operators.  You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites.  You are solely responsible for any dealings with third parties who support the CGM or are identified in the Websites, including the delivery of and payment for goods and services.

Third Party Applications Disclaimer:  You acknowledge that your access and use of any third-party applications or software on the Websites (the “Third-Party Applications”) is at your discretion and risk, and the CGM has no liability to you arising out of or in connection with your use of the Third-Party Applications.  The CGM hereby disclaims any representation, warranty, or guaranty regarding the Third-Party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-Party Applications, and you agree to indemnify and hold the CGM harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third-Party Applications.

Modification of these Terms of Use. The CGM may update or change these Terms of Use from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the CGM. The effective date of any Terms of Use will be reflected in the “Last Revised” entry at the top of these Terms.  Your continued use of the Websites after any such change is communicated shall constitute your consent to such change.

Intellectual Property Notices.  The Websites and Content are protected by copyrights, or are subject to other proprietary rights. This means that anyone using the Websites is not permitted to use the Content in any manner, except as expressly permitted by the CGM in this Terms of Use Agreement or similar agreements of others who have licensed their content to the CGM, as expressly permitted by those other parties’ respective terms of use or similar agreements.  You are not permitted to use the Content in any manner, except as expressly permitted by the CGM in these Terms of Use.

Also, any of the names and logos (commonly referred to as “trademarks”) that appear on the Websites are owned by the CGM or others who have licensed such marks and their use to the CGM. The trademarks may not be used in any manner without the prior permission of the owners.  You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of any and all Content and trademarks that you see, hear, and use on the Websites. You understand that any unauthorized use of such intellectual property would result in irreparable injury to the CGM or other owner for which money damages would be inadequate and in such event the CGM or the owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

The CGM owns and retains all copyrights in the Content. Except as specifically permitted by the CGM, the Websites or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives.

Disclaimer.  ALL INFORMATION OR SERVICES PROVIDED BY THE CHURCH OF GOD TO YOU VIA THE WEBSITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. CHURCH OF GOD AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE CHURCH OF GOD AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE WEBSITES OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE WEBSITES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE CHURCH OF GOD AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE WEBSITES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER THE CHURCH OF GOD NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE WEBSITES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. THE CHURCH OF GOD FURTHER MAKES NO WARRANTY THAT THE WEBSITES WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK AND THAT THE CHURCH OF GOD, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE WEBSITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE CHURCH OF GOD FOR DISSATISFACTION WITH THE WEBSITES OR THE CONTENT IS TO CEASE YOUR USE OF THE WEBSITES AND/OR THE CONTENT.

Limitation of Liability
. UNDER NO CIRCUMSTANCES SHALL THE CHURCH OF GOD OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITES, OR THE CONTENT, DATA, CONTENT OR INFORMATION ACCESSED VIA THE WEBSITES OR ANY HYPERLINKED WEBSITES, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITES, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF THE CHURCH OF GOD OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination and Restriction of Access. In its sole discretion, the CGM may terminate or suspend your access to the Websites for breach of these Terms of Use. The CGM shall not be liable for any losses or damages arising from any such termination of service.

Arbitration.  At its sole discretion, the CGM may require you to submit any disputes arising from the use of these Terms of Use or the Websites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Indiana law.  By using the Websites, you hereby consent to submission of any dispute to be final and binding arbitration.

Limitation on Time to File Claims.  Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Websites must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Governing Law & Jurisdiction.  These Terms of Use are governed by the laws of the State of Indiana, U.S.A.  You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Madison County, Indiana, U.S.A. in all disputes arising out of or relating to the use of the Websites.

General. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the CGM as a result of these Terms of Use or use of the Websites.  You may not assign these Terms of Use without the prior written consent of the CGM in all instances.  The CGM may assign these Terms of Use, in whole or in part, at any time.  The CGM’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of the CGM’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Websites or information provided to or gathered by the CGM with respect to such use.

If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect.

These Terms of Use, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and the CGM with respect to the Websites, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the CGM. A printed version of these Terms of Use and of any notices given in electronic form 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.

Church of God Contact Information.

Questions can be directed to Church of God Ministries at:

Deb Gwaltney
PO Box 2420
Anderson, IN 46018
1-800-848-2464
dgwaltney@chog.org

 

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