ECUSA Terms of Service
Welcome to the ECUSA Resource Center Online Community!
All use of the ECUSA Resource Center, its corresponding Web site and any free
or subscription services offered by ECUSA Resource Center, including but not
limited to: use and/or ownership of any chat rooms on the ECUSA Forum, use of
ECUSA Forum discussion boards, or any game, or other product or service
(Collectively the "service") are subject to the terms of this agreement and the
policies, agreements and instructions for the use of this agreement and the
policies herein and/or on the Web site and posted by ECUSA Resource Center, are
hereby incorporated herein. The term "user" includes any person or entity
ordering and/or using the service, as well as any person or entity acting on
behalf of such person or entity in relation to ordering and/or using the
service. ECUSA Resource Center means ECSUA Forum or ECUSA Church Web Site
Solution, a service of Granger Group, LLC.
Any user, by ordering and/or using the ECUSA Resource Center services agrees
to be bound by the terms and conditions of this agreement. If the person or
entity ordering or using this service is acting on behalf of another person or
entity, he/she represents and warrants that he/she has the power and authority
to use the service and to enter into this agreement on behalf of such entity and
that his/her actions have been duly authorized by such entity.
All Users agree to be bound by the terms and conditions of this Agreement and
acknowledge and accept that:
ECUSA Resource Center acts only as a Content Management System, forum and
technical interface between Users and does not itself verify the qualifications
of Users, nor does it evaluate, control or monitor in any ongoing manner
exchanges between users. Users must use their own judgment in evaluating the
qualifications of and statements made by Users. Any opinions expressed by a User
are of those of the User alone, and are not to be attributed to ECUSA Resource
Center. ECUSA Resource Center cannot and does not assume responsibility for the
accuracy, completeness, safety, timeliness, legality or applicability of
anything said or written by any User. There are risks of dealing with underage
persons, or persons acting under false pretenses. Authentication on the Internet
is difficult, and accordingly, ECUSA Resource Center cannot always confirm that
each User is whom they claim to be or that they can deliver services or make
payments. ECUSA Resource Center cannot control the information provided by
Users. Users' information might be offensive, harmful, untimely, inaccurate
and/or deceptive and, accordingly, you agree to exercise caution, discretion and
common sense when using the Service.
Information, advice, opinions or comments expressed by any User via the
Service are not intended to substitute for informed professional advice. You
should not use the Service for emergency purposes or to seek or provide
diagnosis or treatment of medical, psychiatric or psychological problems, or as
a substitute for face-to-face professional consultation. If you have a medical
or psychiatric emergency, call your physician or 911 immediately. ECUSA Resource
Center is not a referral service and ECUSA Resource Center does not endorse or
recommend the use of any professional services. You must use your judgment to
determine when it is necessary to consult with a provider who is local, licensed
in your state or country, available in person, or otherwise possesses qualities
required to properly diagnose or advise you, especially in areas of expertise
such as medicine, law, accounting, psychological counseling, investment, tax or
other financial advice, requiring government or regulatory licensing or
certification, or for high risk activities.
Modification and Termination
ECUSA Resource Center reserves the right in its sole discretion to modify or
discontinue the Service or modify the terms and conditions of Users' access to
the Service, without notice to Users.
Without limiting other remedies, ECUSA Resource Center may immediately issue
a warning, temporarily suspend, indefinitely suspend your use of the Service and
refuse to provide our services to you for any reason, including without
limitation, violation of any one or more of ECUSA Resource Center's standards or
the terms described in paragraph c. below or (1) if you breach this Agreement or
the documents it incorporates by reference; (2) if ECUSA Resource Center is
unable to verify or authenticate any information you provide to ECUSA Resource
Center; or (3) if ECUSA Resource Center believes that your actions may cause
legal liability for you, our users, or to ECUSA Resource Center. Such
termination or suspension of services may be without refund, at ECUSA Resource
Center's sole discretion.
IF ANY MODIFICATION WE MAKE TO THIS AGREEMENT IS UNACCEPTABLE TO YOU, YOUR
ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THE SERVICE
FOLLOWING ECUSA RESOURCE CENTER'S POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON
THE SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE OR NEW AGREEMENT.
Eligibility and Security
Authorized use of the Service is available only to persons who are at least
13 years old and who are otherwise capable of forming legally binding contracts
under applicable law. In addition, ECUSA Resource Center does not permit
membership or use of the Service in a country that is prohibited by law,
regulation, treaty or administrative act from entering into trade relations with
the United States or its citizens.
Users shall supervise and be solely and fully responsible for (i) all
activities that occur under a User's password or account, including, but not
limited to, all usage by minors of the Service, and (ii) maintaining the
confidentiality of User's account, password or any personally identifiable
information.
Information
User is solely responsible for and shall continuously provide to the Service
true, accurate and current and complete information including, without
limitation, billing and credit card information and all other personally
identifiable information provided by the User. Users agree that ECUSA Resource
Center may use this information as described in ECUSA Resource Center's Privacy
Policy. Users may not share, or transfer paid membership accounts.
User Conduct
USER SHALL NOT USE THE SERVICE TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO, OR
STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR VIOLATES OR PROMOTES THE
VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. If ECUSA
Resource Center has notice that a User has violated this term of user, ECUSA
Resource Center may, in its sole discretion, either (1) warn the user that the
User is in violation of this term of the Agreement, (2) remove the material from
our site or (3) terminate the User's access to the Service without warning.
User shall not (i) copy, modify, create a derivative work of, reverse
engineer, decompile, disassemble, or otherwise attempt to discover any source
code or (ii) modify or attempt to modify the Service in any manner or form.
User will not take any actions, which may undermine the integrity of the user
referral system, or the User feedback system used to solicit feedback from
Users.
User will not create obscene, profane, threatening, defamatory, or hateful
user screen names, room names, topic names, welcome messages, or comments in any
area of the Service.
User will not solicit Credit Card numbers for goods or services, nor engage
in any commercial activity on the Service which ECUSA Resource Center has not
expressly, and previously authorized.
User will not solicit for advertisers or sponsors
User will not display advertising or sponsorships of any kind on ECUSA
Resource Center message boards or in other service areas, including banners that
are generated by banner or link exchange services, with the sole exception of
those placed there by ECUSA Resource Center or its affiliates;
User will not interfere with the operation of any official help boards,
chats, or other services, or impede the ability of ECUSA Resource Center
employees to perform their duties.
User shall (i) use the Service in compliance with all applicable local,
state, national, and international laws, rules and regulations; (ii) not
interfere with the use and enjoyment of the Service by other Users; (iii) not
interfere with or disrupt the Service or sources or networks connected to the
Service; (iv) shall comply with all requirements, procedures, policies and
regulations posted on the Service by ECUSA Resource Center from time to time
and/or any networks connected to the Service; (v) not use the Service in a
manner which may result in the breach of any Agreement by User with any third
party; (vi) will not transmit through the Service any unlawful, harassing,
defamatory, libelous, slanderous, disparaging, privacy invading, abusive,
threatening, harmful, misleading, obscene or otherwise objectionable material of
any kind; (vii) not use the Service for the placing of wagers or bets or other
gambling activity; (viii) not use the Service in a manner that promotes or
contributes to the delinquency of a minor or solicit a minor in any way through
the Service; (ix) not attempt to gain unauthorized access to other computer
systems or networks connected to the Site; x) not transmit "junk mail", "spam",
"chain letters", or unsolicited mass distribution of email or bulletin board
postings; (xi) not use any information or material on this site for marketing or
solicitation; (xii) not transmit broad solicitation for employees, consultants,
contractors or for participation on their Web sites; (xiii) not use Service for
purposes of multi-level marketing proposals, for example, offering to help
participants "get rich quickly" , "lose weight now" or "make money surfing the
Web," and (xiv) not transmit any viruses, Trojan horses, worms, time bombs,
cancelbots, or other computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate any
system, data or personal information from our Users, our Employees, or the
system itself.
User Billing and Payment
Any user who subscribes to or uses any paid ECUSA Resource Center service is
responsible for payment of fees at the rate listed by ECUSA Resource Center. The
user authorizes ECUSA Resource Center to collect such fees immediately by
debiting the user's credit card or through the immediate collection of other
forms of payment, electronic or otherwise.
Subscription Refunds
Users who subscribe to a ECUSA Resource Center premium subscription service
are entitled to a refund within seven days of purchase. No refunds shall be
issued after seven days have elapsed. Users whose memberships are terminated or
revoked by ECUSA Resource Center for Terms of Service or City Standards
violations forfeit any right to a refund for subscriptions paid to ECUSA
Resource Center for membership and/or the use of premium services.
Representations, Warranties and Acknowledgments
Warranty Disclaimer
THE SERVICE AND ALL RELATED SITES, SERVICES OR GOODS OBTAINED THROUGH THE
SERVICE ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. ECUSA Resource Center
EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS OR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. Some states do not allow the exclusion of warranty,
so the above exclusions may not apply to you.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ECUSA Resource Center BE LIABLE TO USER FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF
OR IN CONNECTION WITH USE OF THE SITE.
USER AGREES TO HOLD HARMLESS AND INDEMNIFY ECUSA Resource Center, AND ITS
EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING
FROM OR IN ANY WAY RELATED TO A USER'S USE OF THE SERVICE, INCLUDING ANY
LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND
CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEY'S FEES, OF EVERY
KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED.
Release and Waiver
USER USES THE SERVICE AT HIS OR HER OWN RISK. To the maximum extent permitted
by applicable law, you hereby release, and waive all claims against ECUSA
Resource Center and its employees and agents from any and all liability for
claims, damages (actual and consequential). Costs and expenses (including
litigation costs and attorneys' fees) of every kind and nature, arising out of
or in any way connected with use of the Service. If you are a California
resident, you waive your rights under California Civil Code 1542, which states
"A general release does not extend to claims which the creditor does not know or
suspect to existing his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the debtor."
Residents of other states and nations similarly waive their rights under
applicable and/or analogous laws, statutes, or regulations.
Services
ECUSA Resource Center reserves the right to add new membership programs and
to change the terms of existing membership programs at any time, including paid
programs. These modifications may include, but are not limited to, changes in
the service, product offerings, price, or administration of the program. Not all
products are available for all platforms, clients, or browsers. ECUSA Resource
Center will announce any change in the price of the program on its Website prior
to any such change taking effect.
By posting on message boards, participating in chat rooms, or creating any
other content (excluding private email communication), you will be deemed to
have granted ECUSA Resource Center perpetual, non-exclusive permission to
redistribute by transmission the information or materials worldwide without
charge or liability.
If ordering merchandise and/or services from anyone other than ECUSA Resource
Center, through any commercial service offered via an official ECUSA Resource
Center partnership or affiliate, via ECUSA Resource Center, all transaction
terms including but not limited to purchase terms, payment terms, warranties,
guarantees, maintenance, and delivery, are solely between you and the seller of
the merchandise or services. ECUSA Resource Center makes no warranties or
representations whatsoever with regard to any goods or services provided by the
seller of the merchandise or services and shall not be liable for the costs or
damages arising, either directly or indirectly, from the products or services or
from the actions or inactions of the Seller.
If you operate a chat room, message board, member profile, blog, photo
gallery, or other service of ECUSA Resource Center that generates more than two
(2) gigabytes of bandwidth per month, ECUSA Resource Center reserves the right
to discontinue that service.
Copyrights and Copyright Agent
ECUSA Resource Center has adopted and implemented a policy that provides for
the termination of services in appropriate circumstances of Users who infringe
on copyright holders. If you believe that your work has been copied in a way
that constitutes copyright infringement, please provide ECUSA Resource Center
with the following information required under 17 U.S.C. s. 512;
A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed, and;
Identification of the copyright work claimed to have been infringed, or, if
multiple copyright works at a single online site are covered by a single
notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit ECUSA Resource
Center to locate the material;
Information reasonably sufficient to permit ECUSA Resource Center to contact
the complaining party, such as an electronic email address at which the
complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law, and;
A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
Please submit this information to:
Email: cin@ecusa-resourcecenter.com (CIN = Copyright Infringement
Notification)
You maintain a copyright on any copyrighted original material you post, to
the extent allowed by law.
Links to Other Web Sites
The Service may provide links to Web sites other than ECUSA Resource
Center.com. ECUSA Resource Center neither controls such Sites or Services nor
endorses any of the materials or policies on such sites or Services, including
but not limited to Privacy Policies, or any association with their operators.
No Assignment
User shall not assign this Agreement or assign any rights or delegate any
obligations hereunder, in whole or in part, whether voluntarily or by operation
of law, without the prior written consent of ECUSA Resource Center. Any such
proposed assignment or delegation by User without the appropriate prior written
consent of ECUSA Resource Center will be null and void and of no force or
effect, unless otherwise expressly consented to by ECUSA Resource Center at its
sole and absolute discretion.
Relationship of the Parties
Not withstanding any provision hereof, for all purposes of this Agreement,
each party shall be and act as an independent contractor and not as partner,
venturer, agent, employee or employer of the other and shall not bind nor
attempt to bind the other to any other contract.
Miscellaneous
If any provision of this Agreement is held to be invalid or unenforceable,
such provision shall be deemed superseded by a valid enforceable provision that
most closely matches the intent of the original provision and the remaining
provisions shall be enforced. ECUSA Resource Center's failure to act with
respect to a breach by User or others does not waive ECUSA Resource Center's
right to act with respect to subsequent or similar breaches. The failure of
ECUSA Resource Center to exercise or enforce any right or provision of these
terms and conditions shall not constitute a waiver of such right or provision.
The section headings and subheadings contained in this Agreement are for
convenience only and shall not limit or otherwise affect the terms of this
Agreement. THIS AGREEMENT SHALL BE INTERPRETED IN ACCORDANCE WITH THE LAWS OF
THE STATE OF NEBRASKA AS IF MADE IN NEBRASKA BY TWO RESIDENTS OF THAT STATE.
This Agreement constitutes the entire agreement between ECUSA Resource Center
and User with respect to the subject matter hereof.
ECUSA Resource Center may, at any time, modify any of the terms and
conditions contained in this agreement by posting such changes on the ECUSA
Resource Center Web site. If you do not agree to the changes, your only remedy
is to cancel your ECUSA Resource Center membership.