THE SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We do not endorse, warrant or guarantee any products or services offered on the Sites. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE
OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS
ON THE SITES, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITES, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL
THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITES.
No Personal Advice
The information contained in or made available through the Sites (including
but not limited to information contained on message boards, in text files, or
in chats) cannot replace or substitute for the services of trained professionals
in any field, including, but not limited to, financial, medical, or legal matters.
In particular, you should regularly consult a doctor in all matters relating
to physical or mental health, particularly concerning any symptoms that may
require diagnosis or medical attention. We and our licensors or suppliers make
no representations or warranties concerning any treatment, action, or application
of medication or preparation by any person following the information offered
or provided within or through the Sites. Neither we nor our partners, or any
of their affiliates, will be liable for any direct, indirect, consequential,
special, exemplary or other damages that may result, including but not limited
to economic loss, injury, illness or death.
Parental Permission
Some of the information available on the Sites concerns the topic of sex and
may not be appropriate for children. Further, the Sites are not directed to
children under the age of 13 and we will not knowingly collect personally identifiable
information from children under 13. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE
IN THEIR CHILDREN'S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND
USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO
WHICH THEIR CHILDREN HAVE ACCESS.
We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
We reserve the right to charge fees, surcharges and/or membership fees for all or any of its services currently provided for free at any time upon thirty (30) days' prior written notice to you.
Privacy Policy
We are committed to protecting your privacy and security and have explained
in detail the steps we take to do so. We urge you to read our Privacy
Policy.
Jurisdictional Issues
We control and operate this site from our offices in the United States of America.
We do not represent that materials on the site are appropriate or available
for use in other locations. Persons who choose to access this site from other
locations do so on their own initiative, and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
Miscellaneous
These Terms and Conditions shall be construed and enforced in accordance with
the State of Illinois, without regard to its choice of law provisions. Venue
for any action arising out of and permitted by the Appearance Agreement and
these Terms and Conditions shall be DuPage County, Illinois.
In the event any claim or dispute between the parties hereto arising from or
related to the Appearance Agreement, these Terms and Conditions or any services
or goods provided thereunder cannot be resolved within thirty (30) days from
notice from one party hereto to the other party hereto, said claim or dispute
shall be settled by biblically-based mediation and, if necessary, legally binding
arbitration, in accordance with the then current Rules of Procedure for Christian
Conciliation of the Institute for Christian Conciliation. Judgment upon an arbitration
decision may be entered in any court otherwise having jurisdiction. The parties
hereto understand that these methods shall be the sole and exclusive remedy
for any such claim or dispute and expressly waive their rights to file a lawsuit
in any civil court or proceeding in any administrative body against one another
for such claims or disputes, except to enforce an arbitration decision. Any
costs incurred hereunder shall be paid equally by the parties hereto.
To the maximum extent permitted by applicable law, the Party hereby releases
and shall defend, indemnify, and hold harmless Growthtrac, its shareholders,
directors, officers, employees, agents and volunteers from and against any loss,
damage, claim, suit, liability, judgment, and expense (including but not limited
to attorney's fees and other costs of litigation) arising out of any injury,
death, or damage to property resulting from or in any way connected with the
services and goods sold hereunder. This indemnity is to apply notwithstanding
the concurrent or contributory negligence or other fault, if any, of an indemnified
party
(Last modified on February 27, 2003.)