Terms & Conditions

 

1. Introduction. Please read this page carefully. It contains the terms and conditions (the "Terms and Conditions") governing your access to and use of Agape Christian Homes Web Site(s). These Terms and Conditions are effective as of January 31, 2016.

2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by Agape Christian Homes, form a binding agreement (the "Agreement") between you and Agape Christian Homes  Your access to or use of Agape Christian Homes Web Site(s)  indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site(s) at your own risk.

3. Certain Definitions. The following definitions apply to this Agreement:

3.1 "Agape Christian Homes Materials" includes any materials, methodologies, implementation plans or other intellectual property.

3.2 "Agape Christian Homes Web Site" or the "Site" (collectively, the "Agape Christian Homes Web Site(s)" or the "Site(s)") means any web site under Agape Christian Homes control, whether partial or otherwise and includes such Site's Content, Text, Graphics, Design, Programming, Agape Christian Homes  Materials and Services (as applicable in each context).

3.3 "Content" includes all Text, Graphics, Design and Programming used on the Site(s).

3.4 "Design" includes the color combinations and the page layout of the Site(s). "Programming" includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Site(s).

3.5 "Document" refers to any posting to the Site.

3.6 "Graphics" includes all logos, buttons, and other graphical elements on the Site(s), with the exception of paid advertising banners.

3.7 "Text" includes all text on every page of the Site(s), whether editorial, navigational, or instructional.

3.12 "User" refers to any individual or entity that uses any aspect of the Site(s).

3.8 "You" or "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.

4. Intellectual Property Rights and Acceptable Use of the Site(s) and Services.

4.1 General Use Rules. The Site(s) are intended for Agape Christian Homes Constituents. You may use the Site(s) only for lawful purposes within the stated context of Agape Christian Homes intended and acceptable use of the Site(s). Agape Christian Homes is the sole interpreter of the Site(s)' intended and acceptable use.

4.2 Agape Christian Homes Intellectual Property Rights. The Site(s), Agape Christian Homes  Materials and all right, title and interest in and to the Site(s) and Agape Christian Homes Materials are the sole property of Agape Christian Homes Agape Christian Homes  reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or Agape Christian Homes Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Site(s); (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any Services provided on the Site(s) other than the search engine and search agents available from Agape Christian Homes  on such Agape Christian Homes  Site(s) and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of Agape Christian Homes  Site(s), without the express written consent of Agape Christian Homes  The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. Agape Christian Homes Materials are not considered to be works for hire and you may duplicate such Agape Christian Homes. Materials only for the purposes outlined in the Service Activation Agreement. "Agape Christian Homes," "Personified", Agape Christian Homes  design logo and certain other names or logos are service marks or trademarks of Agape Christian Homes, and all related product and service names, design marks and slogans are the service marks or trademarks of Agape Christian Homes  In addition, the "look" and "feel" of the Site(s) (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Agape Christian Homes' trademarks, service marks and copyrights. Any code that Agape Christian Homes creates to generate or display the Content or the pages making up the Site(s) is also protected by Agape Christian Homes' copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or Agape Christian Homes Materials on any authorized copy you make of the Content or Agape Christian Homes Materials. All other product and service marks contained on the Site(s) are the trademarks of their respective owners.

4.3 Other Specific Rules Regarding Site Usage. You represent, warrant and agree that you (a) are at least 13 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Site(s) and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Site(s) for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site(s) complies with these Terms and Conditions and all applicable laws.

4.4 User Submissions. Agape Christian Homes welcomes your comments regarding the Services and the Site(s) and appreciates hearing from you. Please note, however, that Agape Christian Homes does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send Agape Christian Homes creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), you understand and agree that the User Submission shall become the property of Agape Christian Homes  User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on Agape Christian Homes part, and Agape Christian Homes will not be liable for any use or disclosure of any User Submission. Agape Christian Homes  shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

5. Disclaimers and Limitations on Agape Christian Homes' Liability.

5.1 Allocation of Responsibility Agape Christian Homes assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. Agape Christian Homes acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, Agape Christian Homes may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. Agape Christian Homes has no liability or responsibility to Users for performance or nonperformance of such activities. Agape Christian Homes may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.

5.2 WARRANTY DISCLAIMERS.

(a) THE SITE(S) ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. AGAPE CHRISTIAN HOMES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. AGAPE CHRISTIAN HOMES MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE(S).

(b) WITHOUT LIMITATION ON THE FOREGOING:

(i) AGAPE CHRISTIAN HOMES DOES NOT WARRANT THAT THE SITE(S) WILL OPERATE ERROR-FREE OR THAT THE SITE(S) AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE(S) RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, AGAPE CHRISTIAN HOMES IS NOT RESPONSIBLE FOR THOSE COSTS.

(ii) Agape Christian Homes makes no representations or guarantees regarding the truthfulness, accuracy, LEGALITY, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.

(iii) Agape Christian Homes makes no representations or guarantees regarding the Content of the Site(s), including, but not limited to, broken links, inaccuracies or typographical errors.

(iv) AGAPE CHRISTIAN HOMES MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. AGAPE CHRISTIAN HOMES DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.

5.3 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.

 (b) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN AGAPE CHRISTIAN HOMES (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.

5.4 User Authentication. Because User authentication on the Internet is difficult, Agape Christian Homes cannot and does not confirm that each User is who they claim to be. Because Agape Christian Homes does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Site(s), in the event that you have a dispute with one or more Users, you release Agape Christian Homes from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

5.5 California Residents. 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 or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

5.6 Academic Advising. Agape Christian Homes is not providing academic advising and the information on this site is for informational purposes only. It is the Users responsibility to refer to the academic institution for specific requirements, fees, due date and any other information pertaining to secondary educational requirements.

6. Links to Other Site(s). Agape Christian Homes contains links to third party web Site(s). These links are provided solely as a convenience to you and not as an endorsement by Agape Christian Homes of the contents on such third-party web Site(s). Agape Christian Homes is not responsible for the content of linked third-party Site(s) and does not make any representations regarding the content or accuracy of materials on such third-party web Site(s). If you decide to access linked third-party web Site(s), you do so at your own risk.

7. Amendments to this Agreement and Changes to Site(s). Agape Christian Homes may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Site(s) (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by Agape Christian Homes unless Agape Christian Homes agrees to them in a signed writing specifically including those new or different terms. Agape Christian Homes may change the Site(s) at any time.

8. Indemnity. You agree to defend, indemnify, and hold harmless Agape Christian Homes (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site(s), any Document posted by you, your use of the Services or your breach of this Agreement. Agape Christian Homes shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

9. User Information and Privacy Policy.

10.1 When you register on any of Agape Christian Homes Site(s) or in connection with the Services, you will be asked to create an account and provide Agape Christian Homes with certain information, including but not limited to, a valid email address ("User Information"). You acknowledge and agree that you have no ownership rights in your account.

10.2 All User Information will be used in accordance with the terms of Agape Christian Homes' Privacy Policy. Please note, as set forth in the Privacy Policy, that Agape Christian Homes may collect certain User Information and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, Agape Christian Homes reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain User Information. In addition, third parties may retain cached copies of User Information.

11. Questions and Notices. Questions concerning the use of the Site(s) should be directed to Agape Christian Homes and should be sent to the address listed on the Site(s). We will send notice to you at the address submitted by you or to such other address as Agape Christian Homes reasonably determines is an appropriate address for you.

12. General. Agape Christian Homes contact information is listed on the Site(s). Agape Christian Homes makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site(s). If you access Agape Christian Homes from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

13. Rules regarding Posting, Conduct and Security.

The following rules apply to your use of the Site(s) and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.

13.1 Posting Rules:

(a) You may not post any Document to a Site that contains: (i) URLs or links to web Site(s) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner's permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) irrelevant keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.

(b) You may not use a Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; (iii) post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or "club membership).

(c) Agape Christian Homes is under no obligation to monitor the Documents posted on the Site(s), but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at Agape Christian Homes' sole discretion.

13.2 Conduct Rules:

(a) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected. Communications soliciting business are prohibited.

(b) You may not send unsolicited commercial email to Users.

(c) Protect your password. Your Agape Christian Homes account and any related Services accessed through such account are to be accessed and used solely by you. Upon your successful registration for an Agape Christian Homes account, you will be provided with a unique password that will permit you to access the account. You may not provide your password or otherwise permit access to your Agape Christian Homes account to any third party. You are responsible for maintaining the confidentiality of your information and password. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer(s).You are responsible for all uses of your account, whether or not authorized by you. If others use your password to post inappropriate material on the Site(s), you risk losing your access to the Site(s). You agree to notify Agape Christian Homes immediately of any unauthorized use of your account or password.

(d) You may not delete or revise any material posted by any other person or entity.

(f) If at any time Agape Christian Homes  comes to the understanding that you: (i) misled Agape Christian Homes  regarding posting that do not truthfully represent the precise information submitted, Agape Christian Homes  reserves the right to remove all content.

13.3 Security Rules:

(a) Users are prohibited from violating or attempting to violate the security of the Site(s), including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site(s), overloading, "flooding", "mail bombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

14. Copyright Complaints.

14.1 Agape Christian Homes respects the intellectual property of others. It is Agape Christian Homes' policy to respond to claims of copyright and other intellectual property infringement.

15.2 Notifying Agape Christian Homes  Notice of Copyright Infringement: In order to provide Agape Christian Homes  notice of an infringement, you must provide a written communication to the attention of Agape Christian Homes  Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

15.3 Providing Agape Christian Homes with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Agape Christian Homes with a counter notification by written communication to the attention of "Site Administrator" at Agape Christian Homes: 3748 Senasac Avenue, Long Beach, CA 90808. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

 

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