Membership Terms and Conditions
Agreement between user and mtsamerica.org
Welcome to mtsamerica.org. The
mtsamerica.org website (the "Site") is comprised of various web pages
operated by Methodist Theological Seminary in America ("MTSA").
mtsamerica.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices
contained herein (the "Terms"). Your use of mtsamerica.org
constitutes your agreement to all such Terms. Please read these terms
carefully, and keep a copy of them for your reference.
mtsamerica.org is a Non-profit Site
Privacy
Your use of mtsamerica.org is subject to
MTSA's Privacy Policy. Please review our Privacy Policy, which also governs the
Site and informs users of our data collection practices.
Electronic Communications
Visiting mtsamerica.org or sending emails
to MTSA constitutes electronic communications. You consent to receive
electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communications
be in writing.
Your account
If you use this site, you are responsible
for maintaining the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or
otherwise transfer your account to any other person or entity. You acknowledge
that MTSA is not responsible for third party access to your account that
results from theft or misappropriation of your account. MTSA and its associates
reserve the right to refuse or cancel service, terminate accounts, or remove or
edit content in our sole discretion.
MTSA does not knowingly collect, either
online or offline, personal information from persons under the age of thirteen.
If you are under 18, you may use mtsamerica.org only with permission of a
parent or guardian.
Links to third party sites/Third party
services
mtsamerica.org may contain links to other
websites ("Linked Sites"). The Linked Sites are not under the control
of MTSA and MTSA is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. MTSA is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by
MTSA of the site or any association with its operators.
Certain services made available via
mtsamerica.org are delivered by third party sites and organizations. By using
any product, service or functionality originating from the mtsamerica.org
domain, you hereby acknowledge and consent that MTSA may share such information
and data with any third party with whom MTSA has a contractual relationship to
provide the requested product, service or functionality on behalf of
mtsamerica.org users and customers.
No unlawful or prohibited use/Intellectual
Property
You are granted a non-exclusive,
non-transferable, revocable license to access and use mtsamerica.org strictly
in accordance with these terms of use. As a condition of your use of the Site,
you warrant to MTSA that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with
any other party's use and enjoyment of the Site. You may not obtain or attempt
to obtain any materials or information through any means not intentionally made
available or provided for through the Site.
All content included as part of the
Service, such as text, graphics, logos, images, as well as the compilation
thereof, and any software used on the Site, is the property of MTSA or its
suppliers and protected by copyright and other laws that protect intellectual
property and proprietary rights. You agree to observe and abide by all copyright
and other proprietary notices, legends or other restrictions contained in any
such content and will not make any changes thereto.
You will not modify, publish, transmit,
reverse engineer, participate in the transfer or sale, create derivative works,
or in any way exploit any of the content, in whole or in part, found on the
Site. MTSA content is not for resale. Your use of the Site does not entitle you
to make any unauthorized use of any protected content, and in particular you
will not delete or alter any proprietary rights or attribution notices in any
content. You will use protected content solely for your personal use, and will
make no other use of the content without the express written permission of MTSA
and the copyright owner. You agree that you do not acquire any ownership rights
in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of MTSA or our licensors except as expressly
authorized by these Terms.
Use of communication services
The Site may contain bulletin board
services, chat areas, news groups, forums, communities, personal web pages,
calendars, and/or other message or communication facilities designed to enable
you to communicate with the public at large or with a group (collectively,
"Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are proper
and related to the particular Communication Service.
By way of example, and not as a
limitation, you agree that when using a Communication Service, you will not:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others; publish, post, upload,
distribute or disseminate any inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful topic, name, material or information; upload
files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents; upload files that
contain viruses, corrupted files, or any other similar software or programs
that may damage the operation of another's computer; advertise or offer to sell
or buy any goods or services for any business purpose, unless such
Communication Service specifically allows such messages; conduct or forward
surveys, contests, pyramid schemes or chain letters; download any file posted
by another user of a Communication Service that you know, or reasonably should
know, cannot be legally distributed in such manner; falsify or delete any
author attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material contained in a
file that is uploaded, restrict or inhibit any other user from using and
enjoying the Communication Services; violate any code of conduct or other
guidelines which may be applicable for any particular Communication Service;
harvest or otherwise collect information about others, including e-mail
addresses, without their consent; violate any applicable laws or regulations.
MTSA has no obligation to monitor the
Communication Services. However, MTSA reserves the right to review materials
posted to a Communication Service and to remove any materials in its sole
discretion. MTSA reserves the right to terminate your access to any or all of
the Communication Services at any time without notice for any reason
whatsoever.
MTSA reserves the right at all times to
disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part, in MTSA's sole
discretion.
Always use caution when giving out any
personally identifying information about yourself or your children in any
Communication Service. MTSA does not control or endorse the content, messages
or information found in any Communication Service and, therefore, MTSA specifically
disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized MTSA spokespersons, and their views do
not necessarily reflect those of MTSA.
Materials uploaded to a Communication
Service may be subject to posted limitations on usage, reproduction and/or
dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials provided to mtsamerica.org or
posted on any MTSA web page
MTSA does not claim ownership of the
materials you provide to mtsamerica.org (including feedback and suggestions) or
post, upload, input or submit to any MTSA Site or our associated services
(collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting MTSA, our
affiliated companies and necessary sublicenses permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect
to the use of your Submission, as provided herein. MTSA is under no obligation
to post or use any Submission you may provide and may remove any Submission at
any time in MTSA's sole discretion.
By posting, uploading, inputting,
providing or submitting your Submission you warrant and represent that you own
or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your MTSA
account to third party accounts. By connecting your MTSA account to your third
party account, you acknowledge and agree that you are consenting to the
continuous release of information about you to others (in accordance with your
privacy settings on those third party sites). If you do not want information
about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and
administered by MTSA from our offices within the USA. If you access the Service
from a location outside the USA, you are responsible for compliance with all
local laws. You agree that you will not use the MTSA Content accessed through
mtsamerica.org in any country or in any manner prohibited by any applicable
laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold
harmless MTSA, its officers, directors, employees, agents and third parties,
for any losses, costs, liabilities and expenses (including reasonable
attorney's fees) relating to or arising out of your use of or inability to use
the Site or services, any user postings made by you, your violation of any terms
of this Agreement or your violation of any rights of a third party, or your
violation of any applicable laws, rules or regulations. MTSA reserves the
right, at its own cost, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will
fully cooperate with MTSA in asserting any available defenses.
Arbitration
In the event the parties are not able to
resolve any dispute between them arising out of or concerning these Terms and
Conditions, or any provisions hereof, whether in contract, tort, or otherwise
at law or in equity for damages or any other relief, then such dispute shall be
resolved only by final and binding arbitration pursuant to the Federal
Arbitration Act, conducted by a single neutral arbitrator and administered by
the American Arbitration Association, or a similar arbitration service selected
by the parties, in a location mutually agreed upon by the parties. The
arbitrators award shall be final, and judgment may be entered upon it in any
court having jurisdiction. In the event that any legal or equitable action,
proceeding or arbitration arises out of or concerns these Terms and Conditions,
the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in
regards to these Terms and Conditions or any disputes arising as a result of
these Terms and Conditions, whether directly or indirectly, including Tort
claims that are a result of these Terms and Conditions. The parties agree that
the Federal Arbitration Act governs the interpretation and enforcement of this
provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration
provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and
Conditions will take place on an individual basis; class arbitrations and
class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,
COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and
Employer agree otherwise, the arbitrator may not consolidate more than one
person's claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
METHODIST THEOLOGICAL SEMINARY IN AMERICA AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
METHODIST THEOLOGICAL SEMINARY IN AMERICA
AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. METHODIST
THEOLOGICAL SEMINARY IN AMERICA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL METHODIST THEOLOGICAL SEMINARY IN AMERICA
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR
INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF METHODIST THEOLOGICAL SEMINARY IN AMERICA OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
MTSA reserves the right, in its sole
discretion, to terminate your access to the Site and the related services or
any portion thereof at any time, without notice. To the maximum extent permitted
by law, this agreement is governed by the laws of the State of California and
you hereby consent to the exclusive jurisdiction and venue of courts in
California in all disputes arising out of or relating to the use of the Site.
Use of the Site is unauthorized in any jurisdiction that does not give effect
to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture,
partnership, employment, or agency relationship exists between you and MTSA as
a result of this agreement or use of the Site. MTSA's performance of this
agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of MTSA's right to comply with governmental,
court and law enforcement requests or requirements relating to your use of the
Site or information provided to or gathered by MTSA with respect to such use.
If any part of this agreement is 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 the agreement shall continue in effect.
Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and MTSA with
respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
user and MTSA with respect to the Site. A printed version of this agreement and
of any notice 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. It is the express
wish to the parties that this agreement and all related documents be written in
English.
Changes to Terms
MTSA reserves the right, in its sole
discretion, to change the Terms under which mtsamerica.org is offered. The most
current version of the Terms will supersede all previous versions. MTSA
encourages you to periodically review the Terms to stay informed of our
updates.
Contact Us
MTSA welcomes your questions or comments
regarding the Terms:
Methodist Theological Seminary in America
2525 James M Wood Blvd.,
Los Angeles, California 90006
Email Address: mtsanewsletter@gmail.com
Telephone number: 213-386-0080
Effective as of April
13, 2015
