Site Terms and Conditons of Use
1. ACCEPTANCE OF TERMS
MormonBusiness.com provides a collection of online resources,
including business descriptions, business offerings, business discounts, business
reviews, contact information, logos, third party links, photos, associated Mormon
ward and stake information, classified ads, forums, and various email services,
(referred to hereafter as "the Service") subject to the following Terms of Use ("TOU").
By using the Service in any way, you are agreeing to comply with the TOU. In addition,
when using particular MormonBusiness.com, you agree to abide
by any applicable posted guidelines for all MormonBusiness.com
services, which may change from time to time. MormonBusiness.com
is designed for the reporting, marketing and dissemination of Mormon-owned business
information, products and postings. MormonBusiness.com reserves
the right to remove at their sole discretion and/or delete any business listing,
or advertisement that is not owned by or associated with a member
of the LDS church. LDS contractors who operate or work for businesses whose company
is not LDS owned may post business listing to promote their individual business
interest or trade. In the event the LDS member does not personally and/or directly
benefit from the Mormon.com listing, MormonBusiness.com reserves the right, at their
sole discretion to remove the listing. Should you object to any term or condition
of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied
with MormonBusiness.com in any way, your only recourse is to
immediately discontinue use of MormonBusiness.com. MormonBusiness.com
has the right, but is not obligated, to strictly enforce the
TOU through self-help, community moderation, active investigation, litigation and
prosecution.
2. MODIFICATIONS TO THIS AGREEMENT We reserve the right, at our sole discretion,
to change, modify or otherwise alter these terms and conditions at any time. Such
modifications shall become effective immediately upon the posting thereof. You must
review this agreement on a regular basis to keep yourself apprised of any changes.
3. CONTENT You understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted through, or
linked from the Service, are the sole responsibility of the person from whom such
Content originated. More specifically, you are entirely responsible for each individual
item ("Item") of Content that you post, email or otherwise make available via the
Service. You understand that MormonBusiness.com does not control,
and is not responsible for Content made available through the Service. ormonBusiness.com
makes every attempt to control and eliminate all offensive, indecent,
inaccurate, misleading or other wise objectionable material. In the event any offensive
material is posted you may be exposed to such content before it is removed. Furthermore,
the MormonBusiness.com site and Content available through the
Service may contain links to other websites, which are completely independent of
MormonBusiness.com. MormonBusiness.com makes
no representation or warranty as to the accuracy, completeness or authenticity of
the information contained in any such site. Your linking to any other websites is
at your own risk. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, that you may not rely on said Content, and that under
no circumstances will MormonBusiness.com be liable in any way
for any Content or for any loss or damage of any kind incurred as a result of the
use of any Content posted, emailed or otherwise made available via the Service.
You acknowledge that MormonBusiness.com does pre-screen and approve
, but that MormonBusiness.com
shall have the right (but not the obligation) in its sole discretion to refuse,
delete or move any Content that is available via the Service, for violating the
letter or spirit of the TOU or for any other reason. If you discover any content
that is offensive in any way, please notify MormonBusiness.com at content@MormonBusiness.com
4. THIRD PARTY CONTENT, SITES, AND SERVICES The MormonBusiness.com
site and Content available through the Service may contain features and functionalities
that may link you or provide you with access to third party content which is completely
independent of MormonBusiness.com, including web sites, directories,
servers, networks, systems, information and databases, applications, software, programs,
products or services, and the Internet as a whole. Your interactions with organizations
and/or individuals found on or through the Service, including payment and delivery
of goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such organizations and/or
individuals. You should make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of these third
parties. You agree that MormonBusiness.com shall not be responsible
or liable for any loss or damage of any sort incurred as the result of any such
dealings. If there is a dispute between participants on this site, or between users
and any third party, you understand and agree that MormonBusiness.com
is under no obligation to become involved. In the event that you have a dispute
with one or more other users, you hereby release MormonBusiness.com,
its officers, employees, agents and successors in rights from claims, demands and
damages (actual and consequential) of every kind or nature, known or unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way related
to such disputes and / or our service. If you are a California resident, you waive
California Civil Code Section 1542, which says: "A general release does not extend
to claims which the creditor does not know or suspect to exist in his favor at the
time of executing the release, which, if known by him must have materially affected
his settlement with the debtor."
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT 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 notify MormonBusiness.com's
agent for notice of claims of copyright or other intellectual property infringement
("Agent"), at abuse@MormonBusiness.com Please provide MormonBusiness.com
with the following Notice:
- Identify the material on the MormonBusiness.com site that you
claim is infringing, with enough detail so that we may locate it on the website;
- 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 declaring under penalty of perjury that (1) the above information
in your Notice is accurate, and (2) that you are the owner of the copyright interest
involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
MormonBusiness.com will remove the infringing posting(s), subject
to the procedures outlined in the Digital Millenium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE MormonBusiness.com has
established a Privacy Policy to explain to users how their information is collected
and used, which is located at the following web address: http://www.MormonBusiness.com
Your use of the MormonBusiness.com website or the Service signifies
acknowledgement of and agreement to our Privacy Policy. You further acknowledge
and agree that MormonBusiness.com may, in its sole discretion,
preserve or disclose your Content, as well as your information, such as email addresses,
IP addresses, timestamps, and other user information, if required to do so by law
or in the good faith belief that such preservation or disclosure is reasonably necessary
to: comply with legal process; enforce the TOU; respond to claims that any Content
violates the rights of third-parties; respond to claims that contact information
(e.g. phone number, street address) of a third-party has been posted or transmitted
without their consent or as a form of harassment; protect the rights, property,
or personal safety of MormonBusiness.com, its users or the general
public.
7. CONDUCT You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous,
invasive of anther's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct.
MormonBusiness.com at their sole discretion reserves the right
to determine what defines and constitutes sexual conduct.
c) that harasses, degrades, intimidates or is hateful toward an individual or group
of individuals on the basis of religion, gender, sexual orientation, race, ethnicity,
age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for the sale
or rental of any dwelling, a discriminatory preference based on race, color, national
origin, religion, sex, familial status or handicap (or violates any state or local
law prohibiting discrimination on the basis of these or other characteristics);
e) that violates federal, state, or local equal employment opportunity laws, including
but not limited to, stating in any advertisement for employment a preference or
requirement based on race, color, religion, sex, national origin, age, or disability.
f) with respect to employers that employ four or more employees, that violates the
anti-discrimination provision of the Immigration and Nationality Act, including
requiring U.S. citizenship or lawful permanent residency (green card status) as
a condition for employment, unless otherwise required in order to comply with law,
regulation, executive order, or federal, state, or local government contract.
g) that impersonates any person or entity, including, but not limited to, a MormonBusiness.com
employee, or falsely states or otherwise misrepresents your affiliation
with a person or entity (this provision does not apply to Content that constitutes
lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about another person without
that person's explicit consent;
i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes
"bait and switch";
j) that infringes any patent, trademark, trade secret, copyright or other proprietary
rights of any party, or Content that you do not have a right to make available under
any law or under contractual or fiduciary relationships;
k) that constitutes or contains "affiliate marketing," "link referral code," "junk
mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation if: posted
in areas of the MormonBusiness.com sites which are not designated
for such purposes; or emailed to MormonBusiness.com users who
have not indicated in writing that it is ok to contact them about other services,
products or commercial interests.
m) that includes links to commercial services or web sites, except as allowed in
"services";
n) that advertises any illegal service or the sale of any items the sale of which
is prohibited or restricted by any applicable law, including without limitation
items the sale of which is prohibited or regulated by Colorado law.
o) 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;
p) that disrupts the normal flow of dialogue with an excessive amount of Content
(flooding attack) to the Service, or that otherwise negatively affects other users'
ability to use the Service; or
q) that employs misleading email addresses, or forged headers or otherwise manipulated
identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
r) contact anyone who has asked not to be contacted, or make unsolicited contact
with anyone for any commercial purpose;
s) "stalk" or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools,
or the like to download data from the Service - unless expressly permitted by MormonBusiness.com
;
v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar
Content or otherwise impose an unreasonable or disproportionately large load on
our infrastructure;
w) post the same item or service in more than one classified category or forum,
or in more than one metropolitan area;
x) attempt to gain unauthorized access to MormonBusiness.com's
computer systems or engage in any activity that disrupts, diminishes the quality
of, interferes with the performance of, or impairs the functionality of, the Service
or the MormonBusiness.com website; or
y) use any form of automated device or computer program that enables the submission
of postings on MormonBusiness.com without each posting being
manually entered by the author thereof (an "automated posting device"), including
without limitation, the use of any such automated posting device to submit postings
in bulk, or for automatic submission of postings at regular intervals.
z) use any form of automated device or computer program ("flagging tool") that enables
the use of MormonBusiness.com's "flagging system" or other community
moderation systems without each flag being manually entered by the person that initiates
the flag (an "automated flagging device"), or use the flagging tool to remove posts
of competitors, or to remove posts without a good faith belief that the post being
flagged violates these TOU;
8. POSTING AGENTS A "Posting Agent" is a third-party agent, service, or intermediary
that offers to post Content to the Service on behalf of others. To moderate demands
on MormonBusiness.com's resources, you may not use a Posting
Agent to post Content to the Service without express permission or license from
MormonBusiness.com. Correspondingly, Posting Agents are not permitted
to post Content on behalf of others, to cause Content to be so posted, or otherwise
access the Service to facilitate posting Content on behalf of others, except with
express permission or license from MormonBusiness.com.
9. NO SPAM POLICY You understand and agree that sending unsolicited email advertisements
to MormonBusiness.com email addresses or through MormonBusiness.com
computer systems, which is expressly prohibited by these Terms.
Any unauthorized use of MormonBusiness.com computer systems is
a violation of these Terms and certain federal and state laws.
10. PAID POSTINGS We may charge a fee to post Content in some areas of the Service.
The fee is an access fee permitting Content to be posted in a designated area. Each
party posting Content to the Service is responsible for said Content and compliance
with the TOU. All fees paid will be non-refundable in the event that Content is
removed from the Service for violating the TOU.
11. LIMITATIONS ON SERVICE You acknowledge that MormonBusiness.com
may establish limits concerning use of the Service, including the maximum number
of days that Content will be retained by the Service, the maximum number and size
of postings, email messages, or other Content that may be transmitted or stored
by the Service, and the frequency with which you may access the Service. You agree
that ormonBusiness.com has no responsibility or liability for
the deletion or failure to store any Content maintained or transmitted by the Service.
You acknowledge that MormonBusiness.com reserves the right at
any time to modify or discontinue the Service (or any part thereof) with or without
notice, and that MormonBusiness.com shall not be liable to you
or to any third party for any modification, suspension or discontinuance of the
Service.
12. ACCESS TO THE SERVICE MormonBusiness.com grants you a limited,
revocable, nonexclusive license to access the Service for your own personal use.
This license does not include: (a) access to the Service by Posting Agents; or (b)
any collection, aggregation, copying, duplication, display or derivative use of
the Service nor any use of data mining, robots, spiders, or similar data gathering
and extraction tools for any purpose unless expressly permitted by MormonBusiness.com
. A limited exception to (b) is provided to general purpose internet
search engines and non-commercial public archives that use such tools to gather
information for the sole purpose of displaying hyperlinks to the Service, provided
they each do so from a stable IP address or range of IP addresses using an easily
identifiable agent and comply with MormonBusiness.com requirements.
"General purpose internet search engine" does not include a website or search engine
or other service that specializes in classified listings or in any subset of classifieds
listings such as jobs, housing, for sale, services, or personals, or which is in
the business of providing classified ad listing services. MormonBusiness.com
permits you to display on your website, or create a hyperlink on
your website to, individual postings on the Service so long as such use is for noncommercial
and/or news reporting purposes only (e.g., for use in personal web blogs or personal
online media). If the total number of such postings displayed or linked to on your
website exceeds one hundred (100) postings, your use will be presumed to be in violation
of the TOU, absent express permission granted by MormonBusiness.com
to do so. You may also create a hyperlink to the home page of MormonBusiness.com
sites so long as the link does not portray MormonBusiness.com
, its employees, or its affiliates in a false, misleading, derogatory,
or otherwise offensive matter. MormonBusiness.com permits you
to display, excerpt from, and link to the RSS feeds on your personal website or
personal web blog, provided that
(a) your use of the RSS feed is for personal, non-commercial purposes only,
(b) each title is correctly linked back to the original post on the Service and
redirects the user to the post when the user clicks on it,
(c) you provide, adjacent to the RSS feed, proper attribution to 'MormonBusiness.com
' as the source,
(d) your use or display does not suggest that MormonBusiness.com
promotes or endorses any third party causes, ideas, web sites, products or services,
(e) you do not redistribute the RSS feed, and
(f) your use does not overburden MormonBusiness.com's systems.
MormonBusiness.com reserves all rights in the content of the
RSS feeds and may terminate any RSS feed at any time. Use of the Service beyond
the scope of authorized access granted to you by MormonBusiness.com
immediately terminates said permission or license. In order to collect, aggregate,
copy, duplicate, display or make derivative use of the the Service or any Content
made available via the Service for other purposes (including commercial purposes)
not stated herein, you must first obtain a license from MormonBusiness.com.
13. TERMINATION OF SERVICE You agree that MormonBusiness.com,
in its sole discretion, has the right (but not the obligation) to delete or deactivate
your account, block your email or IP address, or otherwise terminate your access
to or use of the Service (or any part thereof), immediately and without notice,
and remove and discard any Content within the Service, for any reason, including,
without limitation, if MormonBusiness.com believes that you have
acted inconsistently with the letter or spirit of the TOU. Further, you agree that
MormonBusiness.com shall not be liable to you or any third-party
for any termination of your access to the Service. Further, you agree not to attempt
to use the Service after said termination. Sections 2, 4, 6 and 10-16 shall survive
termination of the TOU.
14. PROPRIETARY RIGHTS The Service is protected to the maximum extent permitted
by copyright laws and international treaties. Content displayed on or through the
Service is protected by copyright as a collective work and/or compilation, pursuant
to copyrights laws, and international conventions. Any reproduction, modification,
creation of derivative works from or redistribution of the site or the collective
work, and/or copying or reproducing the sites or any portion thereof to any other
server or location for further reproduction or redistribution is prohibited without
the express written consent of MormonBusiness.com. You further
agree not to reproduce, duplicate or copy Content from the Service without the express
written consent of MormonBusiness.com, and agree to abide by
any and all copyright notices displayed on the Service. You may not decompile or
disassemble, reverse engineer or otherwise attempt to discover any source code contained
in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
MORMONBUSINESS.COM is a registered mark in the U.S. Patent and
Trademark Office. Although MormonBusiness.com does not claim
ownership of content that its users post, by posting Content to any public area
of the Service, you automatically grant, and you represent and warrant that you
have the right to grant, to MormonBusiness.com an irrevocable,
perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display,
and distribute said Content and to prepare derivative works of, or incorporate into
other works, said Content, and to grant and authorize sublicenses (through multiple
tiers) of the foregoing. Furthermore, by posting Content to any public area of the
Service, you automatically grant MormonBusiness.com all rights
necessary to prohibit any subsequent aggregation, display, copying, duplication,
reproduction, or exploitation of the Content on the Service by any party for any
purpose.
15. DISCLAIMER OF WARRANTIES YOU AGREE THAT USE OF THE MORMONBUSINESS.COM
SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE MORMONBUSINESS.COM
SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT
ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST
EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MORMONBUSINESS.COM
DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS,
ACCURACY, AND PERFORMANCE OF THE MORMONBUSINESS.COM SITE AND
THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, MORMONBUSINESS.COM
DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED
ON THE MORMONBUSINESS.COM SITE OR THE SITES OR SERVICE, OR ACCESSED
THROUGH ANY LINKS ON THE MORMONBUSINESS.COM SITE. TO THE FULLEST
EXTENT PERMITTED BY LAW, MORMONBUSINESS.COM DISCLAIMS ANY WARRANTIES
FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE MORMONBUSINESS.COM
SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer
of implied warranties. In such jurisdictions, some of the foregoing disclaimers
may not apply to you insofar as they relate to implied warranties.
16. LIMITATIONS OF LIABILITY UNDER NO CIRCUMSTANCES SHALL MORMONBUSINESS.COM
BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES (EVEN IF MORMONBUSINESS.COM HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE
MORMONBUSINESS.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE
FROM USE OR MISUSE OF THE MORMONBUSINESS.COM SITE OR THE SERVICE,
FROM INABILITY TO USE THE MORMONBUSINESS.COM SITE OR THE SERVICE,
OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE
MORMONBUSINESS.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL
ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MORMONBUSINESS.COM
SITE OR THE SERVICE OR ANY LINKS ON THE MORMONBUSINESS.COM SITE,
AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED
IN CONNECTION WITH THE MORMONBUSINESS.COM SITE OR THE SERVICE
OR ANY LINKS ON THE MORMONBUSINESS.COM SITE. THESE LIMITATIONS
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations
of liability are not permitted. In such jurisdictions, some of the foregoing limitation
may not apply to you.
17. INDEMNITY You agree to indemnify and hold MormonBusiness.com,
its officers, subsidiaries, affiliates, successors, assigns, directors, officers,
agents, service providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party due
to or arising out of Content you submit, post or make available through the Service,
your use of the Service, your violation of the TOU, your breach of any of the representations
and warranties herein, or your violation of any rights of another.
18. GENERAL INFORMATION The TOU constitute the entire agreement between you and
MormonBusiness.com and govern your use of the Service, superceding
any prior agreements between you and MormonBusiness.com. The
failure of MormonBusiness.com to exercise or enforce any right
or provision of the TOU shall not constitute a waiver of such right or provision.
If any provision of the TOU 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 TOU 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 Service or the TOU must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES Please report any violations of the
TOU, by flagging the posting(s) for review, or by emailing to: abuse@MormonBusiness.com
Our failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches. You understand and
agree that, because damages are often difficult to quantify, if it becomes necessary
for MormonBusiness.com to pursue legal action to enforce these
Terms, you will be liable to pay MormonBusiness.com the following
amounts as liquidated damages, which you accept as reasonable estimates of MormonBusiness.com
s' damages for the specified breaches of these Terms: a. If you
post a message that
- impersonates any person or entity;
- falsely states or otherwise misrepresents your affiliation with a person or entity;
or
- that includes personal or identifying information about another person without that
person's explicit consent, you agree to pay MormonBusiness.com
one thousand dollars ($1,000) for each such message. This provision does not apply
to Content that constitutes lawful non-deceptive parody of public figures. b. If
you send unsolicited email advertisements to MormonBusiness.com
email addresses or through MormonBusiness.com computer systems,
you agree to pay MormonBusiness.com twenty five dollars ($25)
for each such email.