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Agreement of Terms and Conditions
Introduction This Terms-Conditions Agreement of Use (hereinafter the “Agreement”) for Seeds-of-Eternal-Life, is a website owned and operated by The Poplin Ministries, Inc., a Oklahoma corporation (hereinafter referred to as “Seeds-of-Eternal-Life”, “We”, or “Us”). If you do not agree to be bound by these Terms & Conditions, do not use or access the Seeds-of-Eternal-Life site. About Seeds-of-Eternal-Life Seeds-of-Eternal-Life is a website focused on providing quality information, education, and e-books regarding the Bible, God, the Father, Jesus, His Son and The Holy Spirit and various life situations. We offer e-books for sale or free download through Seeds-of-Eternal-Life. Availability & Eligibility Our Site is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Site is not available to children (persons under the age of 18). The Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering the Site no distribution or solicitation is made by the Seeds-of-Eternal-Life or The Poplin Ministries, Inc. to any person to use the Site in jurisdictions where the provision of such sites or services is prohibited by law. If you do not qualify, please do not use our Site. User’s Responsibilities & Acknowledgements As a Seeds-of-Eternal-Life User, you are obligated to read this Terms & Conditions and our Privacy Policy before you utilize our Site, purchase anything from us, or provide any information to us. You agree to read and be bound to the Terms-Conditions of this Agreement and those of our Privacy Policy and other policies we have now or may adopt in the future. You acknowledge and agree that we do not offer legal, professional, or financial advice. The Site is provided for informational purposes only. Restricted Activities You are prohibited from any use of the Site or its content that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information provided to us and your activities on the Site shall not: a) be false, inaccurate or misleading; b) be fraudulent; c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; d) violate any law, statute, ordinance or regulation; e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; f) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; and g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not copy, reproduce, modify, create derivative works from, distribute or publically display any Seeds-of-Eternal-Life content without the prior express written permission of Seeds-of-Eternal-Life. You may not consummate any transaction on the Site, or that was initiated using our Site, that could cause us to violate any applicable law, statute, ordinance or regulation. Breach Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or refuse to provide our services to you if, within our sole and independent judgment: a) you breach, or we anticipate that you are about to breach, this Terms & Conditions or the documents it incorporates by reference; b) we are unable to verify or authenticate any information you provide to us; or c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our Users or us. We can also terminate these Terms & Conditions at any time, with or without cause. If you violate or otherwise breach this Terms & Conditions, Seeds-of-Eternal-Life will not issue any refunds of any amount to you. Privacy We only use your information as described in our Privacy Policy. Our current Privacy Policy is available at http://www. Seeds-of-Eternal-Life.org. We may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. Third Party Providers & Links to Third Party Sites The services of the Seeds-of-Eternal-Life are frequently provided by consultants who are self-employed, employed by third parties, or otherwise not subject to our direct oversight and control. While we endeavor to insure that these consultants have the necessary background and experience to render sound advice, we do not guarantee such advice and are not liable for any damages that may result form the use or inability to use such advice. There may be links established between this Site and other sites on the Web and Internet that are not under the control of, or maintained by Seeds-of-Eternal-Life. Such links do not necessarily constitute an endorsement by Seeds-of-Eternal-Life of those sites. Seeds-of-Eternal-Life undertakes no obligation to monitor such sites, and you agree that Seeds-of-Eternal-Life is not responsible for the content of such sites or any technical or other problems associates with any such third-party sites, links or usage. Intellectual Property Seeds-of-Eternal-Life contains intellectual property that is protected by the laws of the United States of America as well as International law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Sites except as permitted under the appropriate laws. DMCA Policy When a DMCA complaint notice is provided, Seeds-of-Eternal-Life, and/or its designated agent, will review and respond. If you believe your copyrighted work is being infringed, notify us at: The Poplin Ministries, Inc., P. O. Box 14441, Scottsdale, Arizona 85267-4441, ATTENTION: DMCA Designated Agent. The Digital Millennium Copyright Act requires that all infringement claims must be in writing and include the following: - A description of the copyrighted work claimed to have been infringed;
- A description of the infringing material and information reasonably sufficient to permit Seeds-of-Eternal-Life to locate the material;
- The claimants contact information, including name, mailing address, telephone number and email address;
- A statement that you have a good faith belief that the materials used in the manner complained is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that the claimant is authorized to act on behalf of the copyright owner; and
- A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.
Email Policy If you provide Seeds-of-Eternal-Life with your email address, you have expressly granted Seeds-of-Eternal-Life the right to contact you via email. You may opt out of receiving future emails by following the instructions at the bottom of each Seeds-of-Eternal-Life email message. Disclaimer of Warranties Seeds-of-Eternal-Life, our officers, directors, agents, employees, contractors and suppliers provide our websites, products and services “AS IS” and without any warranty or condition, express, implied or statutory. Seeds-of-Eternal-Life, our officers, directors, agents, employees, contractors and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, title and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights. You may also have other legal rights that vary from state to state. In addition, Seeds-of-Eternal-Life specifically disclaims all warranties that the site, products or services will meet your requirements, will always be available, accessible, uninterrupted, timely, and secure or operate without error; will be accurate, adequate, reliable, complete, and we disclaim the usefulness of any of the content. We disclaim liability for errors or omissions in the content; any implied warranty arising from course of dealing or usage of trade; and any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of Seeds-of-Eternal-Life. Further, there are no warranties as to the results of your use of the content. To the full extent permissible under applicable laws, Seeds-of-Eternal-Life disclaims any and all such warranties. Limits of Liability In no event shall Seeds-of-Eternal-Life, our officers, directors, agents, employees, contractors and suppliers be liable for lost profits or any special, incidental or consequential damages however arising, including negligence, arising out of or in connection with these Terms & Conditions and/or your use of the websites. Our liability to you or any third party in any circumstance is limited to the lesser of, 1) the amount of money you pay Seeds-of-Eternal-Life in any one year, or 2) $100.00 if the foregoing limitation is found to be invalid. You, specifically, agree that Seeds-of-Eternal-Life’s total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law. Indemnity You agree to indemnify and hold Seeds-of-Eternal-Life, our officers, directors, agents, employees, contractors and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party, including but not limited to any claim arising out of your violation of this Agreement or in violation of any applicable law. Further, you agree that you will cooperate fully in the defense of any such claims. Seeds-of-Eternal-Life reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Seeds-of-Eternal-Life. Further, you agree to indemnify and hold harmless Seeds-of-Eternal-Life from any claim arising from a third party’s use of information or materials of any kind that you post to the sites. Dispute Resolution You agree that any disagreement or claim arising out of or relating to this Terms-Conditions Agreement and/or your use of the website, except for matters exclusively between registered or authorized users and not involving Seeds-of-Eternal-Life, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such item shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted exclusively in Amarillo, Texas and the judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Seeds-of-Eternal-Life may seek any interim or preliminary relief exclusively from a court of competent jurisdiction in Tulsa, Oklahoma necessary to protect the rights or property of you or Seeds-of-Eternal-Life pending the completion of arbitration. You agree that you will notify Seeds-of-Eternal-Life in writing of any claim or dispute concerning or relating to the site, information or services provided and give Seeds-of-Eternal-Life a reasonable period of time to address it before bringing any arbitration or legal action. Waiver Failure by Seeds-of-Eternal-Life to enforce any of its rights under this Terms-Conditions Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever. Notice Except as explicitly stated otherwise herein, any notices to Seeds-of-Eternal-Life shall be given by mailing said notice, postage prepaid, in the United States Mail to The Poplin Ministries, Inc., P. O. Box 14441, Scottsdale, Arizona 85267-4441. License Seeds-of-Eternal-Life grants a limited license to each participant to make personal use only of the sites in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the sites, making any derivative of the sites, the collection and use of user email addresses or other user information, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our sites and not use any device, software or routine that may interfere with the operation of the sites. Right to Change Agreement Seeds-of-Eternal-Life reserves the right to change any of the terms and conditions contained in this Terms-Conditions Agreement or any policies or guidelines governing the site or services, at any time, and in its sole and independent discretion. Any changes will be effective upon the posting of the changes on the site. You are responsible for reviewing the changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of our sites and the services following Seeds-of-Eternal-Life’s posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree with any of the changes to this Terms-Conditions Agreement, do not continue to use the site. General Provisions This is the entire Terms-Conditions Agreement governing the use of the Seeds-of-Eternal-Life. No delay by either party shall waive rights under this Terms-Conditions Agreement. This Terms-Conditions Agreement is governed by, and to be construed in accordance with, the laws of the State of Oklahoma, without regard to that state’s conflict of laws provisions. By using the sites you expressly agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in the State of Oklahoma. No waiver of any breach of this Terms-Conditions Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Terms-Conditions Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of Seeds-of-Eternal-Life in accordance with applicable law and the remainder of the Terms-Conditions Agreement shall remain in full force.
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