1. ACCEPTANCE OF TERMS
Welcome to the Whitefield Theological Seminary website! Whitefield Theological Seminary (“WTS”) provides the Whitefield Theological Seminary Website (“WTSWS”) to you subject to the following Terms of WTSWS (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.whitefield.edu/terms.php. In addition, when using particular areas of the WTSWS, you and WTS shall be subject to any posted guidelines or rules applicable to such areas which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF WTSWS
WTS currently provides access to a rich collection of resources, including various communications tools, forums, shopping services, and personalized content. Unless explicitly stated otherwise, any new features that augment or enhance the current WTSWS, shall be subject to the TOS. You understand and agree that the WTSWS is provided “AS-IS” and that WTS assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Some of the services on the WTSWS are restricted to students of WTS and/or faculty of WTS.
You are responsible for obtaining access to the WTSWS and that access may involve third party fees (such as Internet WTSWS provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the WTSWS.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the WTSWS, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted, and (b) maintain and promptly update this personal information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or WTS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WTS has the right to suspend or terminate your account and refuse any and all current or future use of the WTSWS (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You have a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify WTS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. WTS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not WTS, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the WTSWS. WTS does not control the Content posted via the WTSWS and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the WTSWS, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will WTS be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the WTSWS.
You agree to not use the WTSWS to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a WTS official, forum leader, student, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the WTSWS;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the WTSWS are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the WTSWS or servers or networks connected to the WTSWS, or disobey any requirements, procedures, policies or regulations of networks connected to the WTSWS;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S.;
- “stalk” or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that WTS does not pre-screen Content, but that WTS and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the WTSWS. Without limiting the foregoing, WTS and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by WTS or submitted to WTS.
You acknowledge and agree that WTS may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of WTS, its users and the public.
You understand that the technical processing and transmission of the WTSWS, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. 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.
You agree to indemnify and hold WTS, 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 Content you submit, post, transmit or make available through the WTSWS, your use of the WTSWS, your connection to the WTSWS, your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF WTSWS
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the WTSWS, use of the WTSWS, or access to the WTSWS.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that WTS may establish general practices and limits concerning use of the WTSWS, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the WTSWS, the maximum number of email messages that may be sent from or received by an account on the WTSWS, the maximum size of any email message that may be sent from or received by an account on the WTSWS, the maximum disk space that will be allotted on WTS’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the WTSWS in a given period of time. You agree that WTS has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the WTSWS. You acknowledge that WTS reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that WTS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. MODIFICATIONS TO WTSWS
WTS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the WTSWS (or any part thereof) with or without notice. You agree that WTS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the WTSWS.
You agree that WTS, in its sole discretion, may terminate your password, account (or any part thereof) or use of the WTSWS, and remove and discard any Content within the WTSWS, for any reason, including, without limitation, for lack of use or if WTS believes that you have violated or acted inconsistently with the letter or spirit of the TOS. WTS may also in its sole discretion and at any time discontinue providing the WTSWS, or any part thereof, with or without notice. You agree that any termination of your access to the WTSWS under any provision of this TOS may be effected without prior notice, and acknowledge and agree that WTS may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the WTSWS. Further, you agree that WTS shall not be liable to you or any third-party for any termination of your access to the WTSWS.
The WTSWS may provide, or third parties may provide, links to other World Wide Web sites or resources. Because WTS has no control over such sites and resources, you acknowledge and agree that WTS 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 WTS 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.
14. WTS’S PROPRIETARY RIGHTS
You acknowledge and agree that the WTSWS and any necessary software used in connection with the WTSWS (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the WTSWS or advertisers is protected by copyrights, trademarks, WTSWS marks, patents or other proprietary rights and laws. Except as expressly authorized by WTS or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the WTSWS or the Software, in whole or in part.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE WTSWS IS AT YOUR SOLE RISK. THE WTSWS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WTS 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.
- WTS MAKES NO WARRANTY THAT (i) THE WTSWS WILL MEET YOUR REQUIREMENTS, (ii) THE WTSWS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WTSWS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WTSWS WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WTSWS 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 WTS OR THROUGH OR FROM THE WTSWS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WTS SHALL NOT BE LIABLE 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 WTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WTSWS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE 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 WTSWS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WTSWS; OR (v) ANY OTHER MATTER RELATING TO THE WTSWS.
17. 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 15 AND 16 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The WTSWS may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the WTSWS.
19. TRADEMARK INFORMATION
WTS, the WTS logo, and WTSWS marks, and other WTS logos and products and WTSWS names are trademarks of Whitefield Theological Seminary (the “WTS Marks”). Without WTS’s prior permission, you agree not to display or use in any manner, the WTS Marks.
20. COPYRIGHTS and COPYRIGHT AGENTS
WTS respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide WTS the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
WTS’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
P.O. Box 6321
Lakeland, FL 33807
By email: firstname.lastname@example.org
21. GENERAL INFORMATION
The TOS constitute the entire agreement between you and WTS and govern your use of the WTSWS, superceding any prior agreements between you and WTS. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and WTS shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and WTS agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Polk, Florida. The failure of WTS 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. 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 WTSWS or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to the Webmaster.