Terms of Use

INTRODUCTION

This website is owned and operated by Winchester Baptist Church. These Terms of Use shall govern your use of this website and all content, services and products available at or through the Website. By accessing, viewing, and using this Website, you expressly accept all of these Terms of Use. If you do not agree with any of these Terms of Use, then you must stop using the web site. Winchester Baptist Church may revise these terms at any time without notice other than posting these terms on its website.

DONATIONS

Except as may be expressly set forth herein, all Donations are final and non-refundable. Winchester Baptist Church will not refund or remit any monies or gifts donated.

GRANT OF LICENSE

Winchester Baptist Church grants you a personal, revocable, nontransferable, nonexclusive license to use the Site for personal, non-commercial purposes, conditioned on your continued compliance with the terms of these Terms of Use.

LIMITATIONS OF LICENSE

User Restrictions

By downloading, accessing, or using the Site in order to view information and materials or submit Material (as defined below) of any kind, you represent that You: are at least 18, or between the ages of 13 and 17 and using the Site with parental or legal guardian consent and supervision.

LINKS TO OTHER SITES

Winchester Baptist Church may provide links, in its sole discretion, to other sites on the World Wide Web. Winchester Baptist Church is not responsible for the availability of these outside resources or their contents. Winchester Baptist Church expressly disclaims any responsibility for the content, materials, accuracy of information and/or the quality of the products or services provided by, available through, or advertised on these third-party sites, or the products or services provided by any third party.

LINKS TO THIS SITE

You may link to this Site provided that You do so in a way that indicates that the link is to the www.winchesterbaptist.org website and is fair and not misleading. You may not integrate or make use of all or part of this Site in ways that would confuse or mislead visitors as to the nature and origin of this Site’s content.

WARRANTY DISCLAIMER.

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE SITE IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WINCHESTER BAPTIST CHURCH AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. WINCHESTER BAPTIST CHURCH DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT WINCHESTER BAPTIST CHURCH IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WINCHESTER BAPTIST CHURCH OR ITS SUPPLIERS/LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, EVEN IF WINCHESTER BAPTIST CHURCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF WINCHESTER BAPTIST CHURCH AND ITS SUPPLIERS/LICENSORS UNDER THESE TERMS OF SERVICE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SITE.

Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to you.

OTHER DISCLAIMERS

INDEMNIFICATION

You agree to indemnify, defend and hold Winchester Baptist Church and its affiliates and its and their respective directors, officers, employees and agents harmless from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the Site.

PRIVACY POLICY.

You understand, acknowledge, and agree that the operation of certain programs, services, tools, materials, or information in the Site requires the submission, use and dissemination of various personal identifying information. Accordingly, if you wish to access and use those programs, services, tools, materials, or information of the Site, you acknowledge and agree that your use of the Site will constitute acceptance of the personal identifying information collection and use practices contained in the privacy policies posted on the Site.

GENERAL

This Terms of Use is governed by and construed in accordance with the laws of the State of Ohio, as applied to agreements entered into and wholly performed within the State of Ohio between State of Ohio residents. Any action or proceeding brought by either party hereto shall be brought only in a court of competent jurisdiction located in the State of Ohio and the parties submit to personal jurisdiction of those courts for purposes of any action or proceeding. These Terms of Use shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods. The Terms of Service constitutes the entire understanding and agreement between Winchester Baptist Church and You with respect to the Site and any transactions contemplated in these Terms of Use and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of the Terms of Use, all of which are merged in the Terms of Use. You may not modify, amend or alter in any way the Terms of Use. In the event any provision of these Terms of Use is found invalid or unenforceable pursuant to judicial decree, the remainder of the Terms of Use will remain valid and enforceable according to its terms. Any failure by Winchester Baptist Church to strictly enforce any provision of the Terms of Use will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of the Terms of Use. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.