Terms of Use

Welcome to www.tcmissions.org (the “Site”), a website operated by Tri-City Baptist Missions (“Company,” “us,” “our,” and “we”). We provide the Site and the services provided through the Site (the Site and services will be collectively referred to as the “Services”). 

These Terms of Use (“Agreement”) set forth the legally binding terms for your use of the Services. By accessing or using the Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services. You may not access or use the Services or accept the Agreement if you are not at least 18 years old. 

Privacy Policy 

The Company respects the privacy of its Service users. Please refer to our Privacy Policy, linked in the footer of our website, which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy. 

Accounts

Account Creation. In order to use certain features of the Services, you may need to register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. We may suspend or terminate your Account in accordance with the Terms and Termination.

Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Rights and Licenses 

License to Use Site. We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use.

Certain Restrictions. The rights granted to you in this Agreement are subject to the followin grestrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated in these terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies. 

Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, except and if otherwise expressly set forth in these Terms.

No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services. 

Ownership of the Services. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Site, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to the intellectual property rights. We reserve all rights not granted in this Agreement. 

User Content 

User Content. “User Content” means any and all information and content that a user submits to or posts on: (a) the Services and (b) on social networking sites where we have a page or presence. You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on our social networking sites and on the Services. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. We reserve the right to remove any User Content from the Service at our discretion. 

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows: 

• You are solely responsible for your account and the activity that     occurs while signed in to or while using your account; 
• You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; 
• You will abide by our Acceptable Use Policy below; and 
• You affirm we have the right to determine whether any of your User     Content submissions are appropriate and comply with these Terms of Use,     remove any and/or all of your submissions, and terminate your account with     or without prior notice. 

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service. 

License. You grant, and you represent and warrant that you have the right to grant, tous an irrevocable, non-exclusive, royalty-free and fully paid, worldwide licenseto reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. 

Acceptable Use Policy. Your permission to use the Services is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances

• post any information that is abusive, threatening, obscene,     defamatory, libelous, or racially, sexually, religiously, or otherwise     objectionable and offensive; 
• use the service for any unlawful purpose or for the promotion of     illegal activities; 
• attempt to, or harass, abuse or harm another person or group; 
• use another user’s account without permission; 
• provide false or inaccurate information when registering an     account; 
• interfere or attempt to interfere with the proper functioning of     the Service; 
• make any automated use of the system, or take any action that we     deem to impose or to potentially impose an unreasonable or     disproportionately large load on our servers or network     infrastructure; 
• use the Site or any of its contents to advertise or solicit, for     any commercial purpose or to compete, directly or indirectly, with our     Service; 
• bypass any robot exclusion headers or other measures we take to     restrict access to the Service or use any software, technology, or device     to scrape, spider, or crawl the Service or harvest or manipulate data;     or 
• publish or link to malicious content intended to damage or disrupt     another user’s browser or computer. 

Feedback. If you provide us any feedback, comments, or suggestions regarding the Servicesor purchased items (“Feedback”), you assign to us all rights in the Feedbackand agree that we will have the right to use the Feedback and relatedinformation in any manner we deem appropriate. We will treat any Feedback youprovide to us as non-confidential and nonproprietary. We will be entitled touse, reproduce, disclose, publish and distribute any material you submit forany purpose whatsoever, without restriction and without compensating you in anyway. You agree that you will not submit to us any information or ideas that youconsider to be confidential or proprietary.  

Indemnity.You agree to indemnify and hold us (and our officers, employees, and agents)harmless, including costs and attorney's’ fees, from any claim or demand madeby any third party due to or arising out of (a) your use of the Services, (b)your User Content, (c) your violation of this Agreement; or (d) your violationof applicable laws or regulations. We reserve the right, at your expense, toassume the exclusive defense and control of any matter for which you arerequired to indemnify us and you agree to cooperate with our defense of theseclaims. You agree not to settle any matter without our prior written consent.We will use reasonable efforts to notify you of any such claim, action orproceeding upon becoming aware of it. 

Links to Other Sites and/or Materials 

Third Party Sites, Ads and Ad Networks. As part of the Service, we may provide you withconvenient links to third party website(s) (“Third-Party Sites”) as well ascontent or items belonging to or originating from third parties (the “ThirdParty Applications, Software or Content”). Users may also include links totheir website or other Third-Party Sites on their listings. These links areprovided as a courtesy to Service subscribers. We have no control over ThirdParty Sites and Third-Party Applications, Software or Content or thepromotions, materials, information, goods or services available on theseThird-Party Sites or Third-Party Applications, Software or Content. If youdecide to leave the Site and access the Third-Party Sites or to use or installany Third-Party Applications, Software or Content, you do so at your own riskand you should be aware that our terms and policies no longer govern. Youshould review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.  

Links to Our Site. You are permitted to link to our Site for noncommercial purposes, provided that you do so in a way that is fair and legal and does not damage our reputation.You may not link to our Site in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You may not deep-link to any page of this site for any purpose whatsoever unless the link is expressly authorized in writing by us. We reserve the right to withdraw permission for any link. 

Release. You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or Third PartySites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVILCODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERALRELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECTTO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IFKNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITHTHE DEBTOR.” 

Disclaimers 

THE SERVICES, INCLUDING THE SITE, ARE PROVIDED “AS-IS”AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OFANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT,ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (a) WILLMEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY,SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OROTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE SERVICES WILL BETO YOUR SATISFACTION. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OFIMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 

Limitation on Liability 

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRDPARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THISAGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVEBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THESERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELYRESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTINGTHEREFROM. 

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALLDAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING,BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNTS YOU’VE PAID USIN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOTENLARGE THIS LIMIT.  

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OREXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVELIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 

Term and Termination 

This Agreement will remain in full force and effectwhile you use the Services. We may (a) suspend your rights to use the Siteand/or Services (including your Account) or (b) terminate this Agreement, atany time for any reason at our sole discretion, including for any use of theServices in violation of this Agreement. Upon termination of this Agreement,your Account and right to access and use the Services will terminateimmediately. You understand that any termination of your Account involvesdeletion of your User Content from our live databases. We will not have anyliability whatsoever to you for any termination of this Agreement, includingfor termination of your Account or deletion of your User Content. Upontermination of this Agreement, all of the provisions will terminate exceptthose that by their nature should survive. 

Legal Disputes 

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOURRIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW ANY CLAIMS YOU HAVE AGAINST USWILL BE RESOLVED. 

You agree that any claim or dispute at law or equitythat has arisen or may arise between you and us relating in any way to orarising out of this or previous versions of our Terms of Service Agreement,your use of or access to the Services, or any products or services sold orpurchased through the Services, will be resolved in accordance with the provisionsset forth in this Legal Disputes Section. 

Choice of Law.This Agreement is made under and will be governed by and construed inaccordance with the laws of the State of Missouri,without giving effect to any principles that provide for the application of thelaw of another jurisdiction. 

Claim Limitations.You agree that any cause of action arising out of or related to the Servicesmust commence within one (1) year after the cause of action accrues. Otherwise,such cause of action is permanently barred. 

Agreement to Arbitrate 

You agree that any and all disputes or claims thathave arisen or may arise between you and us relating in any way to or arisingout of this or previous versions of the Terms of Service Agreement, your use ofor access to our Services, or any products or services sold, offered, orpurchased through our Services will be resolved exclusively through final andbinding arbitration, rather than in court. Alternatively, you may assert yourclaims in small claims court in Jackson County, Missouri, if your claims qualify and so long as the matterremains in such court and advances only on an individual (non-class,non-representative) basis. The Federal Arbitration Act governs theinterpretation and enforcement of this Agreement to Arbitrate. 

The arbitration will be conducted by JAMS Arbitration("JAMS") under its applicable rules and procedures, as modified bythis Agreement to Arbitrate. The arbitration will be conducted before onecommercial arbitrator with substantial experience in resolving commercialcontract disputes. 

Your rights will be determined by a neutral arbitratorand not a judge or jury. You understand that arbitration procedures can be morelimited than rules applicable in court. Arbitrator decisions are as enforceableas any court order and are subject to very limited review in court. 

You and we must abide by the following rules: (a) ANYCLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUALCAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ORREPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONEPERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE ORCLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) the arbitrator willhonor claims of privilege and privacy recognized at law; (d) the arbitrationwill be confidential, and neither you nor we may disclose the existence,content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (f) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.

With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart(a) or (b) is found to be invalid, unenforceable or illegal, then the entiretyof this arbitration provision will be null and void, and neither you nor wewill be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in the county and state referenced above. 

General 

Changes to Agreement.This Agreement is subject to occasional revision, and if we make anysubstantial changes, we may notify you by sending you an email to the lastemail address you provided to us (if any) and/or by prominently posting noticeof the changes on our Site. Any significant changes to this Agreement will beeffective 30 days after posting such notice. You are responsible for providingus with your most current email address. In the event that the last email addressthat you have provided us is not valid, or for any reason is not capable ofdelivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes will indicate your acknowledgement of suc hchanges and agreement to be bound by the terms and conditions of such changes. 

Copyright/Trademark Information. Copyright © Tri-City Baptist Missions. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. 

Contact Information: 

Tri-City Baptist Missions

Email: tcmissions@tri-city.org

Last Updated 

This Agreement was last updated on February 14, 2021