Read This Terms-of-Use Agreement Before Accessing the Website.
Effective Date: This Terms-of-Use Agreement (the “Agreement”) was last updated on May 28, 2009, and is effectively immediately on posting the Agreement to the Website.
This Agreement (the “Agreement”) sets forth the standards of use of the EFPN (Effectual Fervent Prayer Network), LLC (“EFPN”) online service (the “Service”) and the website located at www.efpn.com (the “Website”). By accessing or using the Service or the Website, you, as a user of or visitor to the Website or a user of the Service, agree to the terms and conditions set forth herein, which shall constitute a legally binding agreement between you and EFPN. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all use of the Service and the Website. You should review this Agreement regularly, as EFPN reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately on being posted on the Website. Your continued use of the Service or the Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
EFPN provides users of its Service with prayer-tracking/processing services. You, as a user of the Service, must (1) provide all equipment necessary for your own Internet connection, including computer and modem; (2) provide for your members’ access to the Internet; and (3) pay any fees related to such connection.
2. Disclaimer of Warranties
The Website is provided by EFPN on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, EFPN makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Website in terms of its correctness, accuracy, reliability, or otherwise. EFPN shall have no liability for any interruptions, errors, computer viruses or other harmful components in the use of this Website. EFPN DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO ITS SERVICE, THE WEBSITE AND THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE CONTENT OF THIS WEBSITE. EFPN DOES NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN THOSE JURISDICTIONS, EFPN’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
3. Limitations of Liability
IN NO EVENT SHALL EFPN OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, SPONSORS, PARENTS, SUBSIDIARIES, AFFILIATES OR SERVICE PROVIDERS be liable for any direct, indirect, special, consequential, incidental, exemplary or punitive damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, OR THE INABILITY TO USE THE WEBSITE, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if EFPN OR ITS REPRESENTATIVES haVE been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. in those jurisdictions, efpn’s liabilitY is limited to the greatest extent permitted by law.
You agree to indemnify and hold EFPN and its directors, officers, employees, agents, representatives, affiliates, sponsors, parents, subsidiaries, affiliates and service providers harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Service, the violation of this Agreement, or infringement by you, or other user of the Service using your computer, of any intellectual property or any other right of any person or entity. You will cooperate as fully as reasonably required in the defense of any claim. EFPN 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 will not in any event settle any such matter without EFPN’s written consent.
5. Modifications and Interruption to Service
EFPN reserves the right to modify or discontinue the Service with or without notice to you. EFPN shall not be liable to you or any third party should EFPN exercise its right to modify or discontinue the Service. You acknowledge and accept that EFPN does not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of EFPN’s control.
6. Third-Party Sites
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information related to third-party products have either been provided by the vendors or collected from publicly available sources. While EFPN makes every effort to ensure that the information on the Website is accurate, EFPN makes no representations or warranties as to the accuracy or reliability of any information provided on the Website. EFPN makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor or other third party, and you acknowledge that any reliance on representations and warranties provided by any vendor or other third party shall be at your own risk.
8. Governing Jurisdiction of the Courts of Tennessee
The Website is operated and provided in the State of Tennessee. As such, EFPN is subject to the laws of the State of Tennessee. Any legal issues arising from or related to your use of or visit to this Website or use of the Service shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Tennessee applicable to contracts entered into and wholly to be performed within Tennessee. The state and federal courts of Davidson County, Tennessee, shall be the exclusive forum and venue to resolve disputes arising out of or relating to this Agreement, the use of or visit to the Website, or the use of the Service. By using this Website, and thereby agreeing to this Agreement, you consent to personal jurisdiction and venue in the state and federal courts in Davidson County, Tennessee, with respect to all such disputes. EFPN makes no representation that the Website or Service is appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Website, you agree to do so subject to the internal laws of the State of Tennessee.
9. Compliance with Laws
You assume all knowledge of applicable law and are responsible for compliance with all such laws. You may not use the Service or the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You shall not post or transmit through the site any material that violates or infringes in any way upon the rights of others or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. You are prohibited from using this Website to facilitate mail abuse or unsolicited email of any type (spam). You further agree that you will not use the Website to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services. EFPN reserves the right to refuse service to users for any reason.
10. Posted Messages and Prayers
EFPN does not guarantee that it will edit or delete posts. EFPN does not prescreen posts, does not actively monitor the contents of posted messages and is not responsible for any message posted. Posted messages express the views of the author of the message, not the views of EFPN. Any user who feels that a posted message is objectionable is encouraged to contact EFPN immediately by visiting EFPN at www.efpn.com/contact.htm. EFPN reserves the right to reveal your identity (or whatever information EFPN knows about you) if a complaint or legal action arises from your behavior. By posting a message or a prayer, you warrant and represent that you own or otherwise control all rights to your post. Unless otherwise specified, EFPN does not claim ownership of your posts. By posting the message or prayer, however, you are granting EFPN permission to use the post in connection with EFPN’s operations, the Website and the Service. You acknowledge that EFPN is not responsible for the accuracy of any posts and that you and not EFPN are solely responsible for the post. EFPN will have no liability for any posts.
11. Copyright and Trademark Information
All content included or available on the Website, including website design, text, graphics, interfaces, and the selection and arrangements thereof, trade dress, trademarks, service marks and copyrighted materials, is the property of EFPN and/or EFPN’s licensors, and EFPN reserves all rights in such content. Any use of content or materials on the Website, including reproduction for purposes other than those expressly permitted herein, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of EFPN is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device or manual process to monitor or copy the Website or any of the content contained therein without prior written permission of an authorized officer of EFPN. The name, logo and word marks EFPN’ and EFPN: Effectual Fervent Prayer Network “Praying for the World One Person at a Time” are trademarks registered with the U.S. Patent and Trademark Office and are proprietary marks of EFPN. These marks and any other trademarks of EFPN may not be used in any manner that is likely to cause confusion among EFPN’s customers or potential customers or in any manner that disparages, discredits or otherwise harms EFPN. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark of EFPN or its licensors without EFPN’s prior written permission. You may not use any metatags or any other hidden text utilizing EFPN’s name or trademarks, and you may not use EFPN’s name or logo as a hyperlink to the Website, without the prior written permission of EFPN. All trademarks displayed on the Website that are not the property of EFPN are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those individuals or entities. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those individuals or entities endorse or have any affiliation with EFPN.
12. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, EFPN designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
PO box 21145
St. Paul MN 55121
EFPN can be reached by visiting EFPN at www.efpn.com/get-in-touch/.
To be effective, the notification must be in writing and include the following:
- An electronic or physical signature of the copyright owner or the person authorized to act on its behalf;
- A description of the copyrighted work claimed to have been infringed;
- A description of the location of the infringing material and information reasonably sufficient to permit EFPN to locate the material;
- Your contact information, including your address, telephone number, and email address;
- A statement by you that you have 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 the penalty of perjury, that you are authorized to act on behalf of the copyright owner.
EFPN retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, EFPN reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at EFPN’s discretion.
14. Other Terms
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