A Faith that Overflows Terms of Use
We at A Faith that Overflows welcome you and your ministry as you seek to advance God’s kingdom by using our training content. Before participating in content from A Faith that Overflows, please take a read through our Terms of Use ("Terms"). By accepting these terms and using A Faith that Overflows content and websites ("Site(s)"), you assent and agree to the Terms and will have entered into a legally binding contract.
1. General Information
1.1 Entire Agreement. This Agreement constitutes the entire understanding and agreement between you and AFTO and governs your use of the Site, superseding any and all prior and contemporaneous promises, agreements, understandings and licenses between you and AFTO, concerning the Terms of Use, whether written or oral. The only exception to this clause is that AFTO's Privacy Policy is an extension of and part of this Agreement. The two should be viewed in light of one another and the Terms of this Agreement and the terms AFTO's Privacy Policy should be incorporated within one another.
1.2 Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of your use of the Site or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
1.3 Headings. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
1.4 Notice. We may be required by law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective by email communication to you or by posting them on our Site. You can communicate changes to your email address in your personal profile portion Site. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting A Faith that Overflows Int’l at P.O. Box 252 Waukegan, IL 60085.
1.5 Assignment. You may not assign your rights under this Agreement without the express written consent of AFTO. AFTO may assign this Agreement to any party without prior notice to you, and notwithstanding the terms of AFTO’s Privacy Policy, you acknowledge and agree that your personal information may be provided to any successor or assignee that has acquired all or substantially all of AFTO’s assets.
1.6 FORFEIT RIGHT TO CLASS ACTION LAWSUIT. WHILE WE ANTICIPATE BEING ABLE TO RESOLVE ANY CONFLICT THAT ARISES, ALL UNRESOLVED CONFLICTS WILL BE RESOLVED THROUGH ARBITRATION ON AN INDIVIDUAL BASIS. AS STATED IN SECTION 12, YOU CANNOT SEEK LEGAL RECOURSE THROUGH STATE OR FEDERAL COURTS, THROUGH JURY OR BENCH TRIALS, OR THROUGH A CLASS ACTION.
1.7 Waiver and Severability. The failure of AFTO to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, you and AFTO 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 Agreement will remain in full force and effect.
1.8 Choice of Law and Forum. The formation, construction and interpretation of this Agreement shall be controlled by the laws of the State of Illinois. Any dispute relating to this Agreement shall be subject to the exclusive personal jurisdiction of the State and Federal Courts located in Lake County, Illinois, and you expressly agree to submit to the personal and exclusive jurisdiction of these courts.
1.9 CHANGES. YOU ARE RESPONSIBLE TO BE AWARE OF ANY CHANGES AND UPDATES IN THESE TERMS AND CONDITIONS WHICH CAN BE FOUND POSTED ON THE BOTTOM OF OUR SITE. ANY PRESENT AND FUTURE USE OF THE SITE FOLLOWING ANY UPDATE TO THESE TERMS WILL CONSTITUTE ACCEPTANCE AND ASSENT TO THE NEW AND UPDATED TERMS. IN THE EVENT A CHANGE IN TERMS WAS NOT NOTICED BY THE USER, IT IS STILL YOUR RESPONSIBILITY TO ACT IN ACCORDANCE WITH THESE TERMS. THESE TERMS APPLY TO ANYONE WITH ACCESS TO THE SITES, WHETHER THIS ACCESS IS AUTHORIZED OR UNAUTHORIZED.
2. Service and Terms
A Faith that Overflows International ("AFTO," "A Faith that Overflows Int’l," "AFTOI," "A Faith that Overflows International" "we," or "us") are a 501(c)(3) non-profit organization that provides training content for Christian ministry that allows any person using the Site ("User", "you" or "your") to access courses, blog posts, audios, on-demand videos, articles, books, booklets, manuals, studies, instructional videos, and downloadable literature (collectively, the "Content", but see further description in section 4.2). The Content, the player provided for viewing the Content ("Video Player"), and other products, tools, and software, some of which are original and some provided by third-parties, are collectively known as the "Services" ("Service(s)"). This is a legal agreement between you and AFTO, and it governs your use of the Sites.
These Terms, together with all updates, constitutes an agreement between you and AFTO ("Agreement"). By accessing or browsing our Site, you signify that you have read, understand, and agree to be bound by this Agreement. By conducting any transactions with the Site - opt-in, registrations, purchases, installing the Site's software, and/or creating a personal profile with you, your organization, ministry or church, you acknowledge that you have read and understood this agreement and agree to be bound by its terms and conditions. IF YOU DO NOT AGREE TO (OR CANNOT COMPLY WITH) THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL, REGISTER, OR OTHERWISE USE THE SITE, SOFTWARE OR CONTENT AVAILABLE ON OR THROUGH THE SITE. AFTO MAY REFUSE ACCESS TO THE SITE AND ITS CONTENT FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
3. Accounts, Registration, and Collection and Use of Personal Information
You agree to submit accurate, complete, current contact information when registering with the Site and at other points of transaction when using the Site (collectively "Registration Data"). You agree that we may store and use the Registration Data you provide for you and any other Users, authorized or not, that are provided access through an Organization. You also agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. AFTO may suspend your Account (as defined below), in its sole discretion, until such information is verified to AFTO’s satisfaction. AFTO may cancel your Account if you do not comply with our requests with or confirm your identity to our satisfaction.
We may terminate your rights to any portion of the Site or to the entire Site if any information you provide is false, inaccurate or incomplete, and may report you to authorities as necessary. You agree to verify all information with us as we may request.
4.1 COPPA Compliance. No user under the age of 13 may register with the Site, and no Organization may provide an individual under the age of 13 with access to the Site. The Site is intended solely for users who are 13 years of age or older, and any registration by, use of, or access to the Site by anyone under the age of 13 is unintended, unauthorized, unlicensed, and in violation of this Agreement. This Site complies with the Children's Online Privacy Protection Act (“COPPA”). By using the Site, you represent and warrant you are 13 or older and that you agree to abide by all of the terms and conditions herein. We may terminate your Account and/or a user's access to the Site and Content for any reason, in AFTO’s sole discretion, with or without notice to you, including AFTO’s belief that you have violated these COPPA Compliance provisions. If you are under the age of 13, you are not permitted to register with AFTO or provide your personal information to us.
4.2 Age Restrictions. The Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are at least 13 but under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may register with AFTO only if you have the consent of your parent or guardian, including consent to these Terms on your behalf.
4.4 Rules of Conduct. Your use of the Site is subject to all applicable local, state, federal and international laws and regulations, and you agree not to violate such laws and regulations. In addition, you agree that you will not interfere with another User's use and enjoyment of the Site. You will not interfere with or disrupt the security measures of the Site or disrupt networks connected to the Site. You will comply with all regulations, policies and procedures of such networks.
4.3 Privacy. AFTO is sensitive to your privacy. Please see our Privacy Policy for information and disclosures relating to the Site. AFTO’s Privacy Policy is incorporated into these Terms, and this Agreement is incorporated into the terms of AFTO’s Privacy Policy.
4.5 User Profiles. Our Site may allow users to make some of their personal information (including, but not limited to, name, address, phone number, etc.) available to other visitors as part of their profile or other listing. These information fields are clearly identified as part of the registration process. If you do not want certain personal information to be available to other Users of our Site, place it in writing and mail to:
A Faith that Overflows
P.O. Box 252
Waukegan, IL 60085
We reserve the right to refuse (or remove) listings in our sole discretion, and without prior notice, if we determine that they are inaccurate, were posted without authorization, or otherwise violate this Agreement with all Content on the Site.
You further agree that you will not use the Site to: send or transmit "spam" (junk email) or unsolicited messages to Users, Organizations or AFTO; promote or generate revenue for any business or commercial purposes, including collecting of usernames, user ids, and/or email addresses, unless authorized by AFTO; impersonate any person or entity, intentionally or unintentionally, or create a false identity on the Site; collect or store personal data about other users; or make publicly available on the Site or otherwise transmit any private information of any third party. You are solely responsible for your interactions with other users. We reserve the right, but assume no obligation, to become involved in any way with disputes between you and other users.
4.6 User Account and Security. As a registered user of the Site, you or your Organization may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify us of any unauthorized use of your Account or any other breach of security. We shall not be responsible for any losses arising out of the unauthorized use of your Account. You understand that the Site and any products purchased through the Site may include a security framework using technology that protects digital information and limits your usage of products to certain usage rules established by us and our licensors as applicable.
4. Use of Services
4.1 Communications with Users and Organizations. You agree that the appearance or availability of links to any other website not the Site ("Third-Party Sites") on or through the Site does not constitute an endorsement by AFTO with respect to the content, advertising, products, or other materials available on or from such sites. You understand you may be given opportunity communicate with, receive communications from, or otherwise participate in or use the Site to obtain goods from third parties as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such third party, and AFTO shall not be responsible or liable to you in any way in connection with these activities or transactions (including, but not limited to, any contracts, covenants, representations, warranties, or other conditions or terms that may exist between you and the third party, or any goods that you may purchase or obtain from any third party).
You further understand and agree that the Site may include certain communications to you from AFTO or your Organization (such as administrative messages and certain electronic communications via email) and that these communications are considered part of the Site and that you may not be able to opt out of receiving them. AFTO may also provide you with other communications regarding the Site or changes to the Terms of this Agreement. Any new features that enhance or are considered edits to the current Site shall be subject to this Agreement, unless explicitly stated otherwise.
You are responsible for updating and managing all equipment necessary to access the Site, such as software updates or other updates that further enhance the User's ability to enjoy the Services.You are also responsible for obtaining the Internet service and compatible technology to access and use the Site and acknowledge and agree that such service and technology may involve third-party fees (such as data rates, an Internet service provide or airtime charges), for which you are solely responsible, including without limitation any fees associated with the display or delivery of advertisements.
4.2 License. Once you, your church, your ministry or organization ("Organization(s)" registers with the Site, AFTO hereby grants to the User a limited, non-transferable, non-exclusive, freely revocable license to access and use the Site and its content, including without limitation, the right to view, read, print a single copy or listen to any portion of the content to which you have properly gained access solely for your personal, non-commercial use, provided that you do not conceal, delete, or alter any Intellectual Property (IP) or other notices contained within the Content or Site, copyright or trademark. Notwithstanding your right to print a single copy of a portion of the Content as set forth herein, you shall have no right to sell, republish, or distribute any content or portion thereof. Organizations may be subject to additional terms and conditions with AFTO, which shall be provided upon registration with the Site and or payment to AFTO.
Upon your Organization's registration with the Site, AFTO further grants your Organization with the right and license to allow certain Users affiliated with the Organization to create personal profiles for use on the Organization's group network for access to the Site and permits such users to access software, audio and video material, images, artwork, photographs, text, illustrations, and other proprietary material on the Site (all such content is collectively, "Content" in addition to description in section 1). The number of Users provided access to the Site through an Organization's network shall depend on the pricing package acquired by the Organization. Aside from the foregoing limited license, you acknowledge that you and your Organization shall acquire no ownership rights or other rights in any Content used or software code for the Site.
The Site may provide your Organization and its Users with an opportunity to post,submit, exchange ideas, information post, display, video, images, photographs, creative works or other information, material, transmissions, or messages, to us or others on or through the Site. AFTO will adhere to standards of great integrity in the creation of Content; however, in using the Site, you may be exposed to Content that you find inaccurate, indecent, objectionable, or offensive, and you bear all risks associated with using that Content.
5. Intellectual Property and Proprietary Rights
All Content on the Site and available through the Site, including but not limited to designs, text, graphics, images, logos, photographs, illustrations, audio and video material, artwork, information, database, proprietary information and all copyrights, trademarks, patents or other legally protectable elements of the Site, and their selection and arrangement (all collectively, "Site IP"), but excluding any Submissions, are the proprietary property of the AFTO, its users, or its licensors with all rights reserved. AFTO and its licensors, in their sole discretion, may remove Content from the Site without notice.
All Content that is not the IP of the Site is stated within the Content either on video, in study guides, books, audio, or on the Site.
Except as provided within this Agreement or absent the express written consent of AFTO, you may only view the Content provided on the Site and you may not modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, create a derivative work, or broadcast or otherwise circulate to any third party (including, without limitation, on or via a third-party website), or otherwise use, any Site IP (except for your Submissions). ANY OTHER USE OF THE SITE OR THE CONTENT IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF AFTO AND/OR OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES THAT INCLUDE PUNITIVE DAMAGES, REASONABLE ATTORNEY'S FEES, AND/OR ANY OTHER REMEDIES AVAILABLE TO A COURT.
6. Copyright Infringement Notice. AFTO’s policy is to comply with all intellectual property laws and upon receipt of a proof of claimed infringement to resolve it with integrity. If you believe your original work of authorship has been reproduced in or on this Site in a manner that constitutes copyright infringement, you are required to provide a notice of copyright infringement that includes the following:
A statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent or the law.
Evidence of the Content on the Site that is claimed to be infringing, or a list of the claimed works if there is more than one complaint made in a single notification. Evidence of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access which is to be disabled, and information reasonably sufficient to permit AFTO to locate the material on its server.
A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that you are authorized to act on behalf of the owner of the right that is allegedly infringed.
Relevant and working contact information that AFTO may use to contact you. Relevant contact information include email address phone number, and mailing address.
All notices of copyright infringement must be sent to the following address:
Attention: Copyright Infringement
A Faith that Overflows
P.O. Box 252
Waukegan, IL 60085
7. Submissions by Users and Organizations
7.1 User and Organization Responsibilities. Users and Organizations shall not share subscription access with anybody outside of the Organization or not associated with the Organization. Each User and Organization shall not exploit or sell access to the Site to external third parties; the Organization's members are subject to this as well. Each User and Organization further agrees not to redistribute, resell, republish, or otherwise transfer any Content obtained through the Site to any other party. The User and Organization agrees that you shall only use the Site for your personal use and not for commercial purposes. Any use for commercial purposes, such as selling access and subscriptions, is strictly prohibited and will result in the termination of your Account and could result in criminal liability. If you would like to share A Faith that Overflows training content with someone outside of your Organization, please contact us at support@afaiththathoverflows.com and we are happy to evaluate all requests individually.
7.2 User Submissions. Upon registration with the Site or with your Organization for access to the Site, you may be able to submit video, audio, articles and user comments ("Submission(s)") in designated areas within your Organization's profile. Submissions may be viewable by everyone within your Organization’s profile, or the course and group with which you registered. You understand and agree that AFTO does not guarantee any confidentiality with respect to your Submissions.
You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and publish anything you submit. You are solely responsible for your Submissions uploaded and the consequences of submitting and publishing the Submission on the Site.
You agree that Submissions will not contain any material that is copyrighted by a third party or any material that is subject to other third-party proprietary rights, unless you have permission from the owner of the material or you are otherwise legally entitled to post the material and to grant AFTO the license as set forth in section 2.1.
AFTO does not endorse any Submission. AFTO expressly disclaims any and all liability in connection with Submissions. AFTO and the Site does not permit infringing activities or infringement of any other intellectual property rights on the Site, and AFTO will remove all Submissions and Content if properly notified that such Submissions and Content infringes on another's intellectual property rights. AFTO reserves the right to remove Submissions and Content without prior notice and in its sole discretion.
You agree that Submissions will not infringe any third-party IP, patent, including copyright, trademark, other proprietary rights, trade secret, or rights of publicity or privacy; include any false, inaccurate, or misleading information; violates any law or regulation; or is defamatory, constitutes or contains any elements of trade libel or product disparagement, is unlawfully threatening, contains hate speech, or is harassing; or is obscene or contains pornographic images or videos.
You agree that AFTO has no responsibility or liability for the blocking, deleting or failure to store any Submission transmitted by or to the Site. You acknowledge that AFTO may limit your use of the Site, including without limitation the maximum number of days that Submissions will be retained by or made available through the Site, the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time, or the maximum disk space you can access on AFTO servers on your behalf.
7.3 Retention of Rights within Submissions. You retain all of your ownership rights in your Submissions. However, you hereby grant AFTO and the Site a free transferable, worldwide, non-exclusive, royalty-free, irrevocable, sub-licensable and license to reproduce, distribute, use, publish, prepare derivative works of, display, and perform the Submission in connection with the Site and AFTO’s affiliates, business, and its successors, including without limitation for promoting and redistributing part or all of the Site in any media formats and through any media channels, now known or later developed.
You also grant each User within your Organization with a non-exclusive license and those you give access to the Site to access your Submission through the Site and to use, distribute, display, reproduce and perform such Submissions as permitted through the purpose of the Site and this Agreement. You understand and agree that the Site may retain, distribute, perform, and display, copies of your Submission even if they have been deleted or removed from the Site. PLEASE DO NOT SUBMIT OR UPLOAD ANY ORIGINAL WORKS OF AUTHORSHIP THAT YOU DO NOT WANT TO BE SUBJECT TO THE ABOVE LISTED TERMS, INCLUDING WORKS THAT CONTAIN PATENTS, TRADE SECRETS, COPYRIGHTS AND TRADEMARKS,
POTENTIALLY RISKING THE VALUE OF THE INTELLECTUAL PROPERTY RIGHTS THE WORK PRODUCED FOR YOU.
8. System Requirements
The Site is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Site. Use of the Site requires a compatible device, Internet access, and certain software which may require obtaining updates or upgrades from time to time. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. Because use of the Site involves hardware, software, and Internet access, your ability to use the Site may be impacted by the performance of these factors. High speed Internet access is strongly recommended.
9. References to Third-Party Content. The Site may contain references to Third-Party Sites as well as articles, photographs, text, graphics, pictures, designs, video, audio, information, applications, and other content or items belonging to or originating from third parties (the "Third-Party Content"). Such Third-Party Sites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third-Party Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Content.
Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Content does not imply approval or endorsement by AFTO. If you decide to leave the Site and access a Third-Party Site or to use or install any Third-Party Content, you do so at your own risk and you should be aware that the Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site to which you navigate from the Site or relating to any applications you use or install from the Third-Party Site.
10. Limitation of Liability, Indemnification and Disclaimer of Warranties
10.1 WARRANTY DISCLAIMERS AND LIMITATIONS ON LIABILITY. AFTO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT, THE SITE IP, OR THE CONTENT OF ANY THIRD-PARTY SITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU UNDERSTAND THAT THE SITE AND CONTENT IS PROVIDED BY AFTO "AS IS", AND THAT AFTO DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF ANY CONTENT AVAILABLE ON OR THROUGH THE SITE. IN THIS REGARD, YOU ACKNOWLEDGE THAT YOU SHOULD NOT RELY ON ANY OF THIS CONTENT. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, AFTO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ASSOCIATED WITH THE SITE AND CONTENT AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
IN NO EVENT WILL THE AFTO PARTIES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SITE, EVEN IF THE AFTO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE AFTO PARTIES EXCEED ONE HUNDRED DOLLARS ($100.00) FOR ANY AND ALL CLAIMS, DAMAGES, AND OTHER THEORY OF LIABILITY, INCLUDING NEGLIGENCE. SOME U.S. STATES DO NOT ALLOW, AND OTHER JURISDICTIONS MAY NOT ALLOW, THE LIMITATION OF LIABILITY, SO THE FORGOING DISCLAIMER MAY NOT APPLY TO YOU IF PROHIBITED BY APPLICABLE LAW.
AFTO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AFTO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SITE, AND TO ALL TRANSACTIONS YOU UNDERTAKE ON THE SITE, INCLUDING WITHOUT LIMITATION SUBMISSION OF ANY USER CONTENT.
AFTO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT, THE SITE IP, OR THE CONTENT OF ANY THIRD-PARTY SITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR YOUR USE OF THIS SITE, INCLUDING WITHOUT LIMITATION ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF AFTO's SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/ OR (VI) 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 SITE.
10.2 Indemnification. You hereby agree to indemnify, defend and hold AFTO, its subsidiaries, and affiliates, and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, the "AFTO Parties"), harmless from and against any and all liability, harm, losses, expenses, damages, and costs, including reasonable attorney's fees, incurred by any of the AFTO Parties in connection with any claim arising out of your use of the Site, any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you, the content you submit, post, transmit or make available through the Site (including without limitation any musical recordings, musical/lyrical recordings, audiovisual works, text, and images you upload or otherwise provide to the Site), your violation or breach of any part of this Agreement, your connection to the Site, your breach of any representation or warranty under this Agreement, or your violation of the rights of any other person or entity, including the Site IP.
11. Termination of Rights. AFTO has the right to take any or all of the following actions in our sole discretion at any time and for any reason without giving you any prior notice. This includes but is not limited to: refusing, moving, or removing any material that you submit on or through the Site or that is available on the Site; discontinuance or material modification to any part of the Site; establishing general practices and limits concerning use of the Site; establishing general practices and limits concerning use of the Site; restricting, deactivating, suspending, or terminating your access to all or any part of the Site, including deletion of your Account and all related information and files in your Account; any breach or violation of this Agreement; requests by law enforcement or other government agencies to do so; unexpected technical or security issues or problems; a request by you.
You agree that AFTO will not be liable to you or any third party for taking any of these actions. Except as otherwise provided herein, you may terminate this Agreement for any reason (or no reason) at any time upon written notice to AFTO.
Provisions regarding proprietary rights, termination, legal compliance, enforcement, Third-Party Sites and Third-Party Content, disclaimers, limitations of liability, waivers, indemnity, notice, and any obligations to pay amounts due prior to termination shall survive termination or expiration of this Agreement for any reason.
12. Binding Arbitration and Class Action Waiver. We at A Faith that Overflows aim to provide services with integrity and compassion. So we will seek to resolve any conflicts by email and phone to ensure a great experience for our customers. If an agreed upon resolution cannot be reached, you agree to the follow dispute resolution procedure and guidelines below. You agree to binding arbitration and waive and give up any right whatsoever to file a class action lawsuit or class-wide arbitration. You also agree that you cannot sue us in state or federal court in front of a judge or jury. As an exception to this arbitration agreement, AFTO is happy to give you the right to pursue resolution through small claims court, or any claim that is within that court's jurisdiction as long as you proceed only on an individual basis.
12.1 Class Action Waiver. You and AFTO agree to arbitrate in each of our individual capacities only, not as a representative or member of a class (either class action law suit or a class-wide arbitration), and each of us expressly waives any right to file a class action or seek relief on a class basis. You and AFTO also agree that no law suits will be filed against one another, individually or on the basis of a class action lawsuit, and all disputes will be handled according to this Agreement.
12.2 Binding Arbitration Agreement. You and AFTO agree that any dispute, claim or controversy relating to: (i) these Terms of Use (including formation, performance, or breach of them, and including the scope and enforceability of this arbitration provision); (ii) any aspect of our relationship with each other; (iii) use of the Services; and (iv) the Privacy Policy, must be resolved through binding arbitration before the American Arbitration Association ("AAA") using its Consumer or Commercial Arbitration Rules, whichever is applicable. All arbitration hearings will be held in Lake County, Illinois.
12.3 90-day Resolution. If an unforeseen dispute does arise, you agree to give us 90 days from the day you brought the issue to our attention to resolve any issue informally before proceeding to arbitration. If for some reason after the 90 days has passed and the issue is still not resolved, then and only then may you proceed to arbitration.
13. Refund Policy
Users are for a complete refund when submitted within 30 days of the original purchase date. Email support@afaiththatoverflows.com to request refunds. Once refund action is submitted to our system, we will send you a screen shot showing the refund has been submitted and reply to the same email address from which the refund request was submitted. Please allow up to 14 business days for the transaction to move through your credit or debit cards or banks system.
We are not responsible for any failure of receipt of refund due to a third party platform such a merchant processor, credit card company or banking institution.
Any questions please email support@afaiththatoverflows.com
