the terms of the User Agreement below
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The Christward Ministry
Questhaven's website provides user authentication using Google's authentication service. This requires that online users sign in using a Google account. If you need to set up a Google account, you can create one at accounts.google.com. We recommend adding your personal photo to your Google profile to personalize your participation in Questhaven's online community!
After reviewing and agreeing to the terms of the User Agreement below, you're ready to sign in and enjoy the benefits of being a valued Questhaven Supporter!
Your support provides you a safe place to study and share together through a content-rich, media-filled environment that is both interactive and contemplative. Enjoy the countless hours of spiritual support to help make life's journey more full and meaningful.
And thank you! Your monthly donation helps to preserve the nature, heritage and expression of Questhaven Retreat. We have operated as a nonprofit since 1940.
PLEASE READ THIS AGREEMENT AND POLICY CAREFULLY BEFORE USING ANY OF THE SERVICES DESCRIBED BELOW. BY USING THE SERVICES YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND POLICY AND THAT YOU AGREE TO BE BOUND BY THEIR TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND POLICY, PROMPTLY EXIT THIS PAGE, and do not choose a monthly donation to access nonpublic areas of the website.
1. The Offering:
Subject to the terms of this Agreement, The Christward Ministry ("Christward Ministry") grants to you a limited, personal, non-transferable, and non-exclusive right to use nonpublic areas of our website (the "Offering"). Your use of the Offering shall be strictly in accordance with this Agreement, and our Terms of Service. All material and content are copyrighted to the Christward Ministry—all rights reserved. You may not download or use the content for personal or financial gain other than spiritual growth. Nothing in this Agreement grants or transfers to you any ownership rights in the Offering, including the pages within this Website, any material made available for download, and other intellectual property rights related to the Offering.
2. Monthly Donation:
For access to and use of the Offering, you agree to make a monthly donation in the amounts suggested on the donations page. Anyone who would like access to the Offering but cannot afford the monthly donation may ask the Christward Ministry in writing seeking special permission. No one will be denied access to the Offering based on lack of funds alone. For those able to make the monthly donation, it will be charged whether you use the Offering or not, so long as your PayPal account is active.
3. Christward Ministry's Responsibilities:
You agree to comply with all applicable laws and regulations, including, but not limited to, those related to obscenity, copyright, trademark, other intellectual property rights, data privacy, international communications, import and export regulations and tax laws and regulations. You are solely responsible for any content contained on any discussion or comment areas. You agree to notify Christward Ministry promptly if you suspect unauthorized use of your account. Until you notify Christward Ministry, you remain solely responsible for such unauthorized use and any damages that may result therefrom. You further agree to notify Christward Ministry immediately in the event you become subject to any lawful order or process that would prohibit or limit your use of the Offering.
4. Term and Termination:
By activating an account and making a monthly donation, you agree that Christward Ministry may continue to automatically receive that monthly donation, unless you cancel your donation, prior to the renewal date, by calling us or canceling your account through PayPal.
5. Rights and Duties Upon Termination:
Upon termination of this User Agreement, all rights to the Offering terminate immediately. You remain liable for the full monthly donation for the month during which your Offering is suspended or terminated. If this User Agreement is terminated, you agree not to re-register for or otherwise access the Service without Christward Ministry's prior written approval. Christward Ministry and/or its agent may delete any data files associated with your use of the Service upon termination of this Agreement. You agree that the remaining provisions of this User Agreement, namely the Disclaimer of Warranties, Limitation of Liability, Uncensored Information, Exclusive Remedy, Indemnification, Choice of Law and Venue, General Terms, and Arbitration shall survive the termination of this Agreement indefinitely.
6. Website Availability:
The Christward Ministry website will be accessible via the World Wide Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs, and except for any loss or interruption of Services due to causes beyond the control of Christward Ministry or which are not reasonably foreseeable by Christward Ministry, including, but not limited to, interruption or failure of telecommunication or digital transmission links, Internet slow-downs or failures, or failures solely within the control of our service or hosting providers.
7. Disclaimer of Warranties:
THE OFFERING IS PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. CHRISTWARD MINISTRY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT. CHRISTWARD MINISTRY DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. CHRISTWARD MINISTRY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CHRISTWARD MINISTRY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SERVICE. CHRISTWARD MINISTRY DOES NOT WARRANT OR REPRESENT THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OF OR IMPROPER ACCESS TO YOUR DATA. CHRISTWARD MINISTRY IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.
8. Limitation of Liability:
IN NO EVENT SHALL CHRISTWARD MINISTRY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT OR THE SERVICES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF CHRISTWARD MINISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF CHRISTWARD MINISTRY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL DONATIONS GIVEN BY YOU TO CHRISTWARD MINISTRY IN THE THREE MONTHS PRIOR TO THE EVENT CAUSING LIABILITY.
9. Target Audience:
You understand and agree that the content and materials on this website are written with the conscientious and faithful adult in mind. While the subject matter is not of an obscene or profane nature, adults who sign into accounts are ultimately the first teachers of their minor children with whom they may choose to share access, and are responsible for controlling access, supervising, and engaging in thoughtful discussion about the content, to enhance a child's comprehension and avoid misunderstanding about the content. Further, to the extent comments or discussion board access is allowed, it is impractical for us to censor any and all third party comments and posts—although we will endeavor to respond quickly and decisively to any report of misuse of our Website and community. However, in no event shall Christward Ministry be held liable to any person or entity, either directly or indirectly, with respect to comments and posts for third parties accessed through our Service, or for use by minors. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND THE INTERNET GENERALLY. CHRISTWARD MINISTRY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR CONTENT CONTAINED IN ANY THIRD PARTY MATERIALS PROVIDED THROUGH HYPERLINKS.
10. Exclusive Remedy:
Your sole right and exclusive remedy for breach of this Agreement by Christward Ministry if you are dissatisfied for any reason with the Offering is to terminate this Agreement as provided in this Agreement.
You shall indemnify and hold Christward Ministry harmless against any and all liabilities, losses, damages, judgments, claims, causes of action, and costs (including attorney's fees and disbursements) which Christward Ministry may hereafter incur, suffer, or be required to pay, defend, settle (subject to any limitations set forth in this Agreement), or satisfy as a result of: your use of the Service; any content generated by you; your violation of any law or regulation; your violation of any third-party rights; or your breach or alleged breach of this Agreement or the Terms and Conditions. To qualify for such defense and payment, Christward Ministry must: (1) provide you with prompt written notice of a potential third party claim; and (2) allow you to control, and fully cooperate with you in, the defense and all related negotiations. Christward Ministry reserves the right to assume the control of any defense and all related negotiations of a matter subject to your indemnification, at its cost.
12. Choice of Law and Venue:
This Agreement and Acceptable Use Policy shall be governed by the law of California. You agree that all actions or proceedings arising in connection with this Agreement or Acceptable Use Policy shall be tried and litigated exclusively in the state or federal (if permitted by law and a party elects to file an action in federal court) courts located in San Diego County, California.
13. General Terms:
Except as provided in this Agreement, any changes to this Agreement must be in writing and signed by Christward Ministry and you. Your rights and obligations under this Agreement may not be assigned or transferred without written permission of Christward Ministry. If any provision of this Agreement is determined to be invalid, all other provisions will remain in force. Notice or other communication between you, and/or Christward Ministry, may be given by conventional first-class mail or by e-mail and are effective on the date received, except for Demand notices which must be sent via Certified Mail, with copy via email. YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY CHOOSE NOT TO BECOME A USER OF THE SERVICES.
14. Dispute Resolution and Binding Arbitration:
Should any controversy or claim arise out of or relate to your use of our Website, Offering, this Agreement or the Terms and Conditions (collectively, "Dispute"), you and we agree to resolve any Dispute through mediation, followed by binding arbitration, as set out in this paragraph. Any party who wishes to raise a Dispute, shall send a demand to the other party, setting out a detailed description of the Dispute, any supporting documents or evidence, and a proposed resolution (the "Demand"). The Demand must be sent to us by certified mail at 20560 Questhaven Rd., San Marcos, CA 92078 with a copy via email to email@example.com. We will send any Demand to you, via certified mail at your last mailing address on file, with a copy to your last email address on file. If you and Christward Ministry do not reach a mutually-agreeable resolution within 30 days of receipt of the Dispute Notice, then you and Christward Ministry agree that the Dispute will be resolved solely by binding arbitration in accordance with the then current JAMS Streamlined Arbitration Rules and Procedures for Disputes that claim less than $250,000, or the then current JAMS Comprehensive Arbitration Rules and Procedures for Disputes that clam in excess of $250,000. Said arbitration will be before a sole neutral, in San Diego County, California, who is a retired judge or an attorney with at least 20 years of active litigation experience. You may obtain JAMS rules and fee information at http://www.jamsadr.com/ or 1-800-352-5267. These foregoing provisions will not apply to any legal action taken by either party to seek an injunction or equitable relief in conjunction with any intellectual property claim or claim of unauthorized access to data through our Website or Service, or related indemnity claim where we are named as a defendant in a matter filed in civil court.