Effective Date: January 1, 2020.
These Terms of Use set forth the standards of use of the website gospeladvocate.com (referred to as the “Website”), operated by Gospel Advocate Company (a Tennessee Corporation) (“GA”), the hypertext links to other websites contained on the Website and other online resources accessible via the Website, and your order and purchase of one or more products available for purchase through the Website (the “Products”).
By browsing, accessing, linking, using, downloading information from, and/or making a purchase through the Website, you agree to these Terms of Use and you acknowledge that you have read, accepted, and agreed to be bound by these Terms of Use and to comply with all applicable laws and regulations including, but not limited to, U.S. export and re-export control laws and regulations and federal, state and local tax laws. If you are using the Website or purchasing Products on behalf of another person, you represent that you are authorized to accept these Terms of Use on that person’s behalf.
GA reserves the right, at any time, to modify, alter, or update these Terms of Use. Modifications will become effective immediately on being posted on the Website. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the Terms of Use and its modifications. Except as provided in this paragraph, these Terms of Use may not be amended.
You expressly agree that use of the Website and purchase of Products are at your sole risk. The Website is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, GA makes no guarantees, representations or warranties of any kind, express or implied, regarding the use or the results of the Products, or of the Website in terms of its correctness, completeness, accuracy, reliability, or otherwise. GA shall have no liability for any interruptions, errors, computer viruses or other harmful components in the use of this Website. GA MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THESE TERMS OF USE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND GA WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON GA’S RECEIPT IN PAYMENT IN FULL FOR THE PRODUCT TO BE WARRANTED. GA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT, WARRANTIES WITH REGARD TO THE WEBSITE AND THE INFORMATION PROVIDED, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND INFORMATIONAL CONTENT. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE WEBSITE. GA’S RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO THE MANUFACTURER’S WARRANTY IN EFFECT ON THE DATE OF INVOICE FOR THE PRODUCTS, IF ANY. GA DOES NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GA RESERVES THE RIGHT TO MODIFY ITS WARRANTY AT ANY TIME, IN ITS SOLE DISCRETION. Some states limit or disallow certain disclaimers of warranties. In those jurisdictions, GA’s disclaimer of warranties shall apply to the greatest extent permitted by law.
IN NO EVENT SHALL GA OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO ANY USE OF THE WEBSITE OR THE INFORMATION CONTAINED IN IT, THE PURCHASE OF ANY PRODUCTS, OR THE INABILITY TO USE THE WEBSITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF GA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY FOR GA FOR ANY CLAIM ARISING FROM YOUR USE OF THE WEBSITE OR ANY PRODUCTS EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE PRODUCTS. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, GA’s liability is limited to the greatest extent permitted by law.
You may have the option to create an account to participate in certain features of the Website. If you are under the age of 13, you are not permitted to register as a user or otherwise submit personal information to GA. If you create an account, you agree to provide, maintain and update true, accurate, current, and complete information about yourself in the registration process. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify GA with any questions of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Website.
You promise, warrant, and represent that all content added to the Website by or at the behest of you or your agents or representatives, including, without limitation, comments, reviews, testimonials, messages, data, text, files, images, information, content, and/or other materials (with the exception of column submissions) (“User Content”) is free of third-party claims and does not infringe the rights of any third party. By adding or uploading User Content, you warrant and represent that you own or otherwise control all rights to the User Content. You agree to indemnify and hold GA and its parents, subsidiaries, affiliates, members, officers, directors, employees, agents, representatives, sponsors and service providers harmless from any claim, demand, liability, loss, damages, or cause of action, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your breach of the warranties and representations herein, your use of the Website or Products, the violation of these Terms of Use, or infringement by you, or other user of the Website using your computer, of any intellectual property or any other right of any person or entity. You will cooperate as fully as reasonably required in the defense of any claim. GA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any such matter without GA’s written consent.
GA is not responsible or liable for any User Content on the Website. User Content does not express the views of GA. GA does not guarantee that it will edit or delete User Content. GA has the right, but not the obligation, to monitor User Content. GA reserves the right to reveal your identity (or whatever information GA knows about you) if a complaint or legal action arises from your behavior. Unless otherwise specified, GA does not claim ownership of the User Content on the Website. You acknowledge that GA is not responsible for the accuracy of any User Content and that you and not GA are solely responsible for any User Content you post or upload to the Website. You acknowledge that public forums offered on the Website, if any, are for public and not private communications. You are and shall remain solely responsible for the content you post on these forums and the Website and for the consequences of submitting and posting same. You should be skeptical about information provided by others, and you acknowledge that the use of any content posted on the Website is at your own risk. By posting or uploading User Content to this Website, you are granting GA permission to use the User Content in connection with the Website. By submitting User Content, you agree that GA may, but is not obligated to, to use your biographical information, including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. GA may discontinue operation of the Website, or your use of the Website, in either case in whole or in part, in its sole discretion. You have no right to maintain or access your User Content on the Website, and GA has no obligation to return your User Content or otherwise make it available to you. The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly notify GA. Any article, column or other submission to GA is also subject to the terms stated in GA’s Submission Policy.
The information presented on or through the Website is made available solely for general information purposes. Any reliance you place on such information is strictly at your own risk. GA disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. The Website’s content, including, but not limited to, User Content, is not intended to, nor does it constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the content on this Website. Under no circumstances will GA be liable for any loss or damage caused by your reliance on any content on this Website including, but not limited to, User Content.
You assume all knowledge of applicable law and are responsible for compliance with all such laws. You may not use the Website in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. You shall not post or transmit through the Website any material that violates or infringes in any way on the rights of others, including, without limitation, any copyright, trademark, patent, trade secret, moral right or other intellectual property, personal, contractual, proprietary or other third-party right of GA or any other person or entity; material that impersonates another or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, filthy, excessively violent, harassing or otherwise objectionable; material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; material that is an advertisement for goods or services or a solicitation of funds; material that includes personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses, or employer references; material that contains a formula, instruction, or advice that could cause harm or injury; material that is a chain letter or “spam” or “bot” of any kind; or material the licensed use by GA would result in GA having any obligation or liability to any party. You are prohibited from using this Website to facilitate mail abuse or unsolicited email of any type. GA reserves the right to refuse service to you for violation of this paragraph or any of these Terms of Use.
Unless otherwise noted, all content on the Website is subject to intellectual-property rights including copyrights and trademarks held or licensed by GA. Subject to these Terms of Use, GA grants you a non-exclusive, non-transferable, limited right to access, use and view this Website and the information thereon, including, without limitation, all text, files, designs, graphics, drawings, illustrations, images, photographs, video clips, music and sounds, and/or other materials or creative content, and all trademarks, service marks and trade names used at this Website and the selection and arrangements thereof (collectively, the “Website Content”), solely for your own personal use while viewing the Website, provided, however, that you may not, nor may you allow others to, directly or indirectly sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the Website Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Website Content for any public or commercial or not-for-profit purpose, including, without limitation, use of the Website Content on any other website or platform or in any environment of networked computers, or transfer the Website Content to any other person without the prior written explicit consent of GA. Except as expressly provided herein, no license to use or reproduce the Website Content is given to you and all intellectual-property rights therein are expressly reserved. Systematic retrieval of data or other Website Content from this Website to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from GA is prohibited. The intellectual property rights in any Products are specifically reserved by GA and its agents and licensors, if any. When you purchase a Product, GA grants you a limited right to display the Product for your own personal use, but such purchase does not afford you any intellectual property rights in or to any Products.
Although GA may provide certain security in an effort to protect the electronic transmission of certain information that you submit to GA through this Website, GA does not guarantee the security of any information transmitted to or from this Website, including to or from any third-party websites linked to this Website. Submission of any financial (e.g. credit card) or other information to this Website or to any third-party websites linked to this Website is entirely at your own risk and responsibility. Credit card processing for any Product is done through name and is subject to the name Privacy Policy.
Registration data, if any, and other information about you is subject to GA’s Privacy Policy. By using the Website, you consent to the collection and use of this information in accordance with the Privacy Policy.
If you are under 18, you may use this Website only under the supervision of a parent or legal guardian. This Website is not intended or designed to attract children under the age of 13. GA does not collect personally identifiable information from any person GA actually knows is a child under the age of 13.
GA, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the Website. The sending of an e-mail notice by GA to any e-mail address used by a person who is subject to the denial shall constitute complete and sufficient notice of the denial. By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access the Website upon issuance of a denial.
GA will in good faith endeavor to provide uninterrupted service to the Website, but you acknowledge and accept that GA does not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of GA’s control.
The Website may include links to other sites on the Internet that are owned, operated, and/or maintained by online merchants and other third parties or advertisements by third parties. You acknowledge that GA is not responsible for the availability of, or the content located on or through, any third-party site and that your use of these third-party sites is at your own risk and that it is your responsibility to take all protective measures to guard against viruses and other destructive elements. GA is not responsible for the content, operation or privacy practices of these other websites, nor does it operate, control, or endorse the content found on these third-party websites. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and GA is not responsible therein. If a third party links to the Website, it is not necessarily an indication of an endorsement, adoption, authorization, sponsorship, affiliation, joint venture or partnership by or with GA or the Website. GA makes no warranties or representations whatsoever with regard to any product provided or services offered by any vendor or other third party including, but not limited to, couriers and logistics services such as Federal Express and UPS, and you acknowledge that any reliance on representations and warranties provided by any third party shall be at your own risk and any damages or disputes arising as a result of the failure, action, or inaction by any such third party shall be solely between you and any third party. You assume sole responsibility for your use of third-party links. GA is not liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website. If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party including, but not limited to, courier services, you understand and agree that GA is under no obligation to become involved. If there is such a dispute, you hereby release GA and its parents, subsidiaries, affiliates, members, officers, directors, employees, agents, representatives, sponsors and service providers from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
Pricing and Product availability are subject to change without notice. GA reserves the right to limit quantities. Prices displayed on this Website are subject to final approval at the time of order fulfillment. Terms of payment are within GA’s sole discretion and, unless GA otherwise agrees in writing, payment must be received by GA prior to GA’s acceptance of an order. Payments must be made by credit card, debit card, or another prearranged payment method, unless credit terms have been agreed to in writing by GA. Prices are based on U.S. currency. You agree to pay all fees, shipping charges, and taxes, if applicable. Orders are not binding on GA until accepted by GA, and GA reserves the right to decline the acceptance of any order. You will be advised of shipping and handling charges prior to final purchase of any Product. GA attempts to be accurate in its Product descriptions. GA does not warrant, however, that Product descriptions or other content on this Website are accurate, complete, reliable, current or free from errors or omissions. Textures, finishes, colors, display of materials, and other visual features of Products might display differently on your computer monitor or mobile device than the items appear in hand. Images are shown for representational purposes only. If a Product does not appear as described, your sole remedy is to return it to GA in unused condition. GA reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion.
In states where GA has no physical presence, GA is not required to collect and remit sales tax for purchases through the Website. Many states, however, require that their residents file a sales or use tax return for items purchased on this Website. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. GA uses reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but GA does not guarantee the accuracy of the amount of the tax it represents to you as the tax owed. In consideration of GA’s allowing you to use and access this Website and collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect, and you agree to hold GA and its officers, directors, affiliates, parents, subsidiaries, employees, agents and representatives harmless for any harm or other damages you may incur as a result of any error by GA in calculating the taxes you owe for your purchases.
All Products purchased from GA are made pursuant to a shipment contract. The title and risk of loss and title for such items passes to you upon GA’s delivery to the carrier. The costs of shipping and handling will be displayed prior to your purchase of Product. GA will inform you of estimated shipment dates. If, for any reason, a Product is delayed beyond thirty (30) days, GA will notify you of the delayed shipment. If you do not consent to the delayed shipment, GA will promptly refund all money paid by you for the unshipped merchandise.
GA, in its sole and exclusive discretion, shall determine whether to process any return of Products. If you purchased Products directly from GA, you may return them to GA up to thirty (30) days from the date of the invoice for a complete refund of the purchase price provided that the Products remain in an unused condition. To return Products, you must call GA Customer Service at phone number or contact GA Customer Service via email at customerservice@gospeladvocate.com to receive a Return Authorization Number. You must ship the Products to GA in their original packaging, prepay shipping charges and insure the shipment or accept the risk of loss or damage during shipment. Returned Products must be in “as-new” condition. Any returned Product shipped C.O.D., or without a Return Authorization Number visible on the exterior of the carton, may be refused by GA. From time to time, GA may, in its sole discretion, exchange Products or portions of a Product. Any exchanges will be made in accordance with GA exchange policies in effect on the date of the exchange.
You must inspect all Products within forty-eight (48) hours of delivery and notify GA within that time if any item is damaged or defective. Preserve any and all evidence of damage or defect and submit such evidence along with a written notice of damage or defect to GA at email address. GA will not consider any claim for damaged or defective items more than forty-eight (48) hours from the date of delivery.
You agree and represent that, if you purchase Products, you are doing so for your personal use, business use, parish use, or other related use. You may not make copies of, or otherwise infringe on the copyright for, any Products for any purpose, including educational or religious purposes.
The Website is operated and provided in the State of Tennessee. As such, GA is subject to the laws of the State of Tennessee. Any legal issues arising from or related to your use of the Website or Products shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Tennessee applicable to contracts entered into and wholly to be performed within Tennessee. The state and federal courts of Davidson County, Tennessee, shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms of Use or the use of or visit to the Website. By using the Website, and thereby agreeing to these Terms of Use, you consent to personal jurisdiction and venue in the state and federal courts in Davidson County, Tennessee, with respect to all such disputes. GA makes no representation that the Website is appropriate, legal or available for use in other locations. Accordingly, if you choose to use the Website, you agree to do so subject to the internal laws of the State of Tennessee.
These Terms and Conditions will inure to the benefit of GA’s successors, assigns and licensees. If any provision of these Terms of Use shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between GA and you in relation to the Website. GA’s failure to insist on or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. The Privacy Policy is a binding part of these Terms of Use, and together with these Terms of Use constitutes the entire agreement between GA and you with respect to your use of this Website. Any cause of action you may have with respect to your use of this Website or that is the subject of these Terms of Use must be commenced within one (1) year after the claim or cause of action arises.
If you have any questions regarding these Terms and Conditions, please contact GA at webinfo@gospeladvocate.com.