Please carefully review this Agreement to determine which schedule(s) attached hereto and incorporated herein by this reference (the "Schedules") are applicable to each of the Downloadable Products (the "Products") that you have purchased. Please read the applicable Schedule(s) carefully before clicking on the "Agree" button. By clicking the "Agree", button, you accept and agree to be bound by the terms of these Terms of Service (the "TOS" or this "Agreement") including the applicable Schedule(s). The Schedules contain usage rules and/or other terms governing your purchase and use of the Products. These usage rules and terms vary by Product type as indicated in each schedule. If you do not agree to this Agreement and each applicable Schedule as it applies to each of the Products that are in your shopping cart, you may click on the "Disagree" button and remove the Product(s) that have the objectionable usage rules and/or terms attributed to them. Then you may proceed to purchase only those Products that have usage rules and terms that are acceptable to you. This Agreement may be modified at any time and a download of a Product by you after we have implemented any such modification indicates your acceptance of the applicable modified terms. We encourage you to review this Agreement from time to time. Your continued use of our Products following the posting of changes to this Agreement will mean you accept those changes.
1. LEGAL COMPLIANCE. In addition to the other covenants contained herein, you acknowledge and agree that you shall not:
- Intentionally or unintentionally violate any applicable local, state, national or international law.
- You acknowledge, consent and agree that LifeWay may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any download or distribution violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of LifeWay, its users and the public.
- Interfere with or disrupt the service or servers or networks connected to the Products (the "Service"), or disobey any requirements, procedures, policies or regulations of networks connected to the Products (as more particularly set forth below).
- You understand that the technical processing and transmission of the Service related to providing the may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You understand that the service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by LifeWay and/or content providers of the Products. You may not attempt to override or circumvent any of the usage rules embedded into the Products. Any unauthorized (not expressly set forth below) reproduction, publication, further distribution or public exhibition of the Products, in whole or in part, is strictly prohibited.
3. SPECIAL ADMONITIONS FOR INTERNATIONAL USE - Recognizing the global nature of the Internet, you agree to comply with all local rules regarding internet usage. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
4. INDEMNITY - You agree to indemnify and hold LifeWay, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Products or the Service, your violation of the TOS, or your violation of any rights of another.
5. MODIFICATIONS TO SERVICE - LifeWay reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) related to the Products with or without notice. You agree that LifeWay shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Products or the Service.
6. LINKS - The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because LifeWay has no control over such sites and resources, you acknowledge and agree that LifeWay is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that LifeWay shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. You agree not to access the Service by any means other than through the interface that is provided by LifeWay for use in accessing the Service.
7. DISCLAIMER OF WARRANTIES - You expressly understand and agree that:
- Your use of the service and products is at your sole risk. The service is provided on an "as is" and "as available" basis. Lifeway expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- Lifeway makes no warranty that:
- The products or service will meet your requirements
- The products or service will be uninterrupted, timely, secure, or error-free
- The results that may be obtained from the use of the service or products will be accurate or reliable
- The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations
- Any errors in the software or products will be corrected
- Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from LifeWay or through or from the service or products shall create any warranty not expressly stated in the TOS.
- A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service or products. certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the service. Immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service -- dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
8. LIMITATION OF LIABILITY - You expressly understand and agree that LifeWay shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if LifeWay has been advised of the possibility of such damages), resulting from:
- The use or the inability to use the service or products;
- The cost of procurement of substitute products, goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
- Unauthorized access to or alteration of your transmissions or data;
- Any other matter relating to the service.
9. EXCLUSIONS AND LIMITATIONS - Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 7 and 8 may not apply to you.
10. NO THIRD PARTY BENEFICIARIES - You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
11. ENTIRE AGREEMENT - The TOS constitute the entire agreement between you and LifeWay and govern your use of the Products and Service, superceding any prior agreements between you and LifeWay. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other LifeWay services, affiliate services, third-party content or third-party software.
12. CHOICE OF LAW AND FORUM - The TOS and the relationship between you and LifeWay shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You and LifeWay agree to submit to the personal and exclusive jurisdiction of the courts located within Davidson County, Tennessee.
13. WAIVER AND SEVERABILITY OF TERMS - The failure of LifeWay to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
14. STATUTE OF LIMITATIONS - You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. HEADINGS - The section titles in the TOS are for convenience only and have no legal or contractual effect.
16. REINSTATEMENT/REPLACEMENT POLICY - Your satisfaction is important to us. You may be eligible to have your LifeWay downloadable Product purchase reinstated or replaced in the event that:
- You downloaded a file that contained damaged, incomplete, or incorrect content;
- You experienced hardware failure, such as hard drive or system board failure
- You purchased a new computer and wish to have your Product (with accompanying rights) relocated from your old computer to your new computer.
In order to be considered for a Product reinstatement or replacement, you must contact the LifeWay customer service department, within 180 days of the date of the original purchase with a detailed description of the purchase and the reason for your request. Be sure to include your name, phone number, mailing address and e-mail address.
In the event you are eligible for reinstatement or replacement due to a new computer purchase, you must delete all Product files from your old computer. Following reinstatement or replacement, you will only have the right to access and use Product on your newly purchased computer.
In no event will you be eligible for reinstatement or replacement more than two (2) times in any one (1) year period.
17. CONTACT INFORMATION; REPORTING OF VIOLATIONS - Please report any violations of the TOS at www.LifeWay.com. In order to provide customer support after the purchase of your downloadable Product, LifeWay will keep a record of your name and other identifying information along with an account record of the Product you have obtained. Customer support for LifeWay Products is available from www.LifeWay.com.
The following general agreement is a legal agreement among you and the LifeWay:
By downloading Products, in addition to the specific agreement that you may have with the LifeWay, you agree that:
1. The downloadable product is for non-commercial use.
2. You shall comply with and shall not circumvent the usage rules or any technology designed to enforce the usage rules.
3. You will not tamper with or modify the Product.
Any use of the Product other than as permitted above is a violation of this agreement and is prohibited.
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