Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the
MBI Website located at
www.mcdonoughbibleinstitute.com, and all associated sites linked to
www.mcdonoughbibleinstitute.com by MBI, its subsidiaries and
affiliates, including MBI sites around the world (collectively, the
“Site”). The Site is the property of McDonough Bible Institute (“MBI”)
and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE;
IF YOU DO NOT AGREE, DO NOT USE THE SITE.
MBI reserves the right, at its sole discretion, to change, modify,
add or remove portions of these Terms of Use, at any time. It is your
responsibility to check these Terms of Use periodically for changes.
Your continued use of the Site following the posting of changes will
mean that you accept and agree to the changes. As long as you comply
with these Terms of Use, MBI grants you a personal, non-exclusive,
non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music, artwork and computer code
(collectively, “Content”), including but not limited to the design,
structure, selection, coordination, expression, “look and feel” and
arrangement of such Content, contained on the Site is owned, controlled
or licensed by or to MBI, and is protected by trade dress, copyright,
patent and trademark laws, and various other intellectual property
rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the
Site and no Content may be copied, reproduced, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted or
distributed in any way (including “mirroring”) to any other computer,
server, Websiteor other medium for publication or distribution or for
any commercial enterprise, without MBI’s express prior written consent.
You may use information on MBI products and services (such as data
sheets, knowledge base articles, and similar materials) purposely made
available by MBI for downloading from the Site, provided that you (1)
not remove any proprietary notice language in all copies of such
documents, (2) use such information only for your personal,
non-commercial informational purpose and do not copy or post such
information on any networked computer or broadcast it in any media, (3)
make no modifications to any such information, and (4) not make any
additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or
other automatic device, program, algorithm or methodology, or any
similar or equivalent manual process, to access, acquire, copy or
monitor any portion of the Site or any Content, or in any way reproduce
or circumvent the navigational structure or presentation of the Site or
any Content, to obtain or attempt to obtain any materials, documents or
information through any means not purposely made available through the
Site. MBI reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or
feature of the Site, or any other systems or networks connected to the
Site or to any MBI server, or to any of the services offered on or
through the Site, by hacking, password “mining” or any other
illegitimate or illegal means.
You may not probe, scan or test the vulnerability of the Site or any
network connected to the Site, nor breach the security or authentication
measures on the Site or any network connected to the Site. You may not
reverse look-up, trace or seek to trace any information on any other
user of or visitor to the Site, or any other customer of MBI, including
any MBI account not owned by you, to its source, or exploit the Site or
any service or information made available or offered by or through the
Site in any way where the purpose is to reveal any information,
including but not limited to personal identification or information,
other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on the infrastructure of
the Site or MBI’s systems or networks, or any systems or networks
connected to the Site or to MBI.
You agree not to use any device, software or routine to interfere or
attempt to interfere with the proper working of the Site or any
transaction being conducted on the Site, or with any other person’s use
of the Site.
You may not forge headers or otherwise manipulate identifiers in
order to disguise the origin of any message or transmittal you send to
MBI on or through the Site or any service offered on or through the
Site. You may not pretend that you are, or that you represent, someone
else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is
unlawful or prohibited by these Terms of Use, or to solicit the
performance of any illegal activity or other activity which infringes
the rights of MBI or others.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may
require you to open an account (including setting up an MBI ID and
password). You agree that you are entirely responsible for maintaining
the confidentiality of your account information, including your
password, and for any and all activity that occurs under your account,
and that MBI has no responsibility for such confidentiality. You agree
to notify MBI immediately of any unauthorized use of your account or
password, or any other breach of security. However, you may be held
liable for losses incurred by MBI or any other user of or visitor to the
Site due to someone else using your MBI ID, password or account.
You may not use anyone else’s MBI ID, password or account at any time
without the express permission and consent of the holder of that MBI ID,
password or account. MBI cannot and will not be liable for any loss or
damage arising from your failure to comply with these obligations.
Privacy
MBI’s Privacy Policy applies to use of this Site, and its terms are
made a part of these Terms of Use by this reference. To view MBI’s
Privacy Policy, click here. Additionally, by using the Site, you
acknowledge and agree that Internet transmissions are never completely
private or secure. You understand that any message or information you
send to the Site may be read or intercepted by others, even if there is
a special notice that a particular transmission (for example, credit
card information) is encrypted.
Links to Other Sites and to the MBI Site
This Site may contain links to other independent third-party Web
sites (“Linked Sites”). These Linked Sites are provided solely as a
convenience to our visitors. Such Linked Sites are not under MBI’s
control, and MBI is not responsible for and does not endorse the content
of such Linked Sites, including any information or materials contained
on such Linked Sites. You will need to make your own independent
judgment regarding your interaction with these Linked Sites.
Disclaimers
MBI DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE
OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS
WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC
RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND
“AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO
CHANGE WITHOUT NOTICE. MBI CANNOT ENSURE THAT ANY FILES OR OTHER DATA
YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR
DESTRUCTIVE FEATURES. MBI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. MBI DISCLAIMS ANY AND ALL
LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN
CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY MBI
SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND
ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MBI FOR DISSATISFACTION WITH
THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.
THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries
caused by any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction of or unauthorized
access to, alteration of, or use, whether for breach of contract, tort,
negligence or any other cause of action. Your use of the Site
constitutes a waiver and release of any claims related to such damages,
liabilities or injuries.
MBI reserves the right to do any of the following, at any time,
without notice: (1) to modify, suspend or terminate operation of or
access to the Site, or any portion of the Site, for any reason; (2) to
modify or change the Site, or any portion of the Site, and any
applicable policies or terms; and (3) to interrupt the operation of the
Site, or any portion of the Site, as necessary to perform routine or
non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will MBI be liable to you
for any indirect, consequential, exemplary, incidental or punitive
damages, including lost profits, even if MBI has been advised of the
possibility of such damages.
Indemnity
You agree to indemnify and hold MBI, its officers, directors,
shareholders, predecessors, successors in interest, employees, agents,
subsidiaries and affiliates, harmless from any demands, loss, liability,
claims or expenses (including attorneys’ fees), made against MBI by any
third party due to or arising out of or in connection with your use of
the Site.
Violation of These Terms of Use
MBI may disclose any information we have about you (including your
identity) if we determine that such disclosure is necessary in
connection with any investigation or complaint regarding your use of the
Site, or to identify, contact or bring legal action against someone who
may be causing injury to or interference with (either intentionally or
unintentionally) MBI’s rights or property, or the rights or property of
visitors to or users of the Site, including MBI’s customers. MBI
reserves the right at all times to disclose any information that MBI
deems necessary to comply with any applicable law, regulation, legal
process or governmental request. MBI also may disclose your information
when MBI determines that applicable law requires or permits such
disclosure, including exchanging information with other companies and
organizations for fraud protection purposes.
You acknowledge and agree that MBI may preserve any transmittal or
communication by you with MBI through the Site or any service offered on
or through the Site, and may also disclose such data if required to do
so by law or if MBI determines that such preservation or disclosure is
reasonably necessary to (1) comply with legal process, (2) enforce these
Terms of Use, (3) respond to claims that any such data violates the
rights of others, or (4) protect the rights, property or personal safety
of MBI, its employees, users of or visitors to the Site, and the public.
You agree that MBI may, in its sole discretion and without prior
notice, terminate your access to the Site and/or block your future
access to the Site if we determine or have reasonable cause to believe
that you have violated these Terms of Use or other agreements or
guidelines which may be associated with your use of the Site. You also
agree that any violation by you of these Terms of Use will constitute an
unlawful and unfair business practice, and will cause irreparable harm
to MBI, for which monetary damages alone would be inadequate, and you
consent to MBI obtaining any injunctive or equitable relief that MBI
deems necessary or appropriate in such circumstances. These remedies are
in addition to any other remedies MBI may have at law or in equity.
You agree that MBI may, in its sole discretion and without prior
notice, terminate your access to the Site, for cause, which includes
(but is not limited to) (1) requests by law enforcement or other
government agencies, (2) a request by you (self-initiated account
deletions), (3) discontinuance or material modification of the Site or
any service offered on or through the Site, or (4) unexpected technical
issues or problems.
If MBI does take any legal action against you as a result of your
violation of these Terms of Use, MBI will be entitled to recover from
you, and you agree to pay, all reasonable attorneys’ fees, expert fees
and costs of such action, in addition to any other relief granted to
MBI. You agree that MBI will not be liable to you or to any third party
for termination of your access to the Site as a result of any violation
of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the
Site, including all disputes, will be governed by the laws of the United
States and by the laws of the State of Illinois without regard to its
conflicts of laws provisions. You agree to the personal jurisdiction by
and venue in the state and federal courts in Cook County, Illinois, and
waive any objection to such jurisdiction or venue. Any claim under these
Terms of Use must be brought within one (1) year after the cause of
action arises, or such claim or cause of action is barred. No recovery
may be sought or received for damages other than out-of-pocket expenses,
except that the prevailing party will be entitled to costs and
attorneys’ fees. In the event of any controversy or dispute between MBI
and you arising out of or in connection with your use of the Site, the
parties shall attempt, promptly and in good faith, to resolve any such
dispute. If we are unable to resolve any such dispute within a
reasonable time (not to exceed thirty (30) days), then either party may
submit such controversy or dispute to mediation. If the dispute cannot
be resolved through mediation, then the parties shall be free to pursue
any right or remedy available to them under applicable law.
Void Where Prohibited
MBI administers and operates the
www.mcdonoughbibleinstitute.com Site from its location in Chicago,
Illinois USA; other MBI sites may be administered and operated from
various locations outside the United States. Although the Site is
accessible worldwide, not all features, products or services discussed,
referenced, provided or offered through or on the Site are available to
all persons or in all geographic locations, or appropriate or available
for use outside the United States. MBI reserves the right to limit, in
its sole discretion, the provision and quantity of any feature, product
or service to any person or geographic area. Any offer for any feature,
product or service made on the Site is void where prohibited. If you
choose to access the Site from outside the United States, you do so at
your sole risk and you shall be and remain solely responsible for
complying with applicable laws and regulations.
Miscellaneous
You may not use or export or re-export any Content or any copy or
adaptation of such Content, or any product or service offered on the
Site, in violation of any applicable laws or regulations, including
without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or
other tribunal of competent jurisdiction to be void or unenforceable,
such provisions shall be limited or eliminated to the minimum extent
necessary and replaced with a valid provision that best embodies the
intent of these Terms of Use, so that these Terms of Use shall remain in
full force and effect. These Terms of Use constitute the entire
agreement between you and MBI with regard to your use of the Site, and
any and all other written or oral agreements or understandings
previously existing between you and MBI with respect to such use are
hereby superseded and cancelled. MBI will not accept any counter-offers
to these Terms of Use, and all such offers are hereby categorically
rejected. MBI’s failure to insist on or enforce strict performance of
these Terms of Use shall not be construed as a waiver by MBI of any
provision or any right it has to enforce these Terms of Use, nor shall
any course of conduct between MBI and you or any other party be deemed
to modify any provision of these Terms of Use. These Terms of Use shall
not be interpreted or construed to confer any rights or remedies on any
third parties.
MBI provides access to MBI international data and, therefore, may
contain references or cross references to MBI products, programs and
services that are not announced in your country. Such reference does not
imply that MBI intends to announce, distribute or sell such products,
programs or services in your country.
Feedback and Information
Any feedback you provide at this site shall be deemed to be
non-confidential and volunteered for MBI’s use. MBI shall be free to use
such information on an unrestricted basis and without any reference to
the source or reimbursement.
The information contained in this Website is subject to change without
notice.
Copyright © 2008 MBI Bible Institute. All rights reserved.
McDonough Bible Institute
400 Lake Dow Road
McDonough, GA 30252
(770) 957-8611
e-mail:
rshepherd@mcdonoughcofc.org
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