Biblical Counseling by
EEHealy
Web Site Use and License Agreement
© EEHealy
A Division of Veren Services
Please read our Web Site
License and Use Agreement.
Biblical Counseling by EEHealy
The Abiding Word
© EEHealy - Veren Services, Olmstedville, NY, USA,
All rights, international and domestic, reserved.
This Internet Web Site Use Agreement (the "Agreement") is between you and
Biblical Counseling by EEHealy, (the "Ministry") also known as The Abiding Word with offices located as
identified on this web site. Your use of the Ministry Internet Web Site (the
"Web Site") is subject to the following terms and conditions of use:
(1) YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEB SITE. Use of the Web Site signifies your unconditional agreement to the
terms and conditions of this Agreement. If you do not agree to these terms and
conditions of use, do not access or otherwise use this Web Site.
(2) The Ministry may gather, process and use information and materials received
from you (e.g., name, physical address, e-mail address) or collected through
your use of the Web Site for any lawful reason or purpose.
(3) The Ministry reserves the right, at its sole discretion, from time to time
to change, modify, add or remove any portion of this Agreement, in whole or in
part, at any time. Notification of changes in the Agreement will be posted on
the Web Site.
(4) The Web Site is protected by one or more copyrights pursuant to U.S.
copyright laws, international conventions and other intellectual property laws.
You will abide by any and all copyright notices, trademark notices, ownership
information or restrictions contained in any Content on the Web Site. You may
download and make copies of the Content and other downloadable items displayed
on this Web Site, provided that you maintain all copyright and other notices
contained in such Content. Copying or storing of any Content on the Web Site for
reproduction, redistribution or publication to third parties for commercial
purposes is expressly prohibited without prior written permission from the
Ministry. All rights to the Ministry's copyrighted materials not expressly
granted herein are reserved by the Ministry.
(5) The Ministry, at its sole discretion, may change, suspend or discontinue any
aspect of the Web Site at any time, including the availability of any Web Site
feature, database or Content. Ministry may also impose limits on certain
features and services or restrict your access to parts or all of the Web Site
without notice or liability.
(6) You represent, warrant and covenant that you shall not upload, post or
transmit to or distribute or otherwise publish through the Web Site any
materials which: (i) restrict or inhibit any other user from using and enjoying
the Web Site; (ii) are unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, offensive, pornographic, profane, sexually explicit or
indecent; (iii) constitute or encourage conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law or
governmental regulation; (iv) violate, plagiarize or infringe the rights of
third parties including, without limitation, copyright, trademark, patent,
rights of privacy or publicity or any other proprietary right; (v) contain a
virus or other harmful or destructive elements; (vi) contain any information,
software or other material of a commercial nature; (vii) contain advertising of
any kind; or (viii) constitute or contain false or misleading indications of
origin or statements of fact.
(7) You hereby agree to defend, indemnify and hold harmless the Ministry, and
all its officers, directors, agents, employees, information providers,
affiliates, licensors and licensees from and against any and all liabilities,
claims, penalties, losses, damages, cost and expense (including court costs and
reasonable attorney's fees, interest expense and amounts paid in compromise or
settlement), suits or actions arising out of or resulting from any breach by you
of this Agreement, including the foregoing representations, warranties and
covenants. You shall cooperate as fully as reasonably required in the defense of
any claim.
(8) The Web Site may contain hypertext links and pointers to the other World
Wide Web Internet sites and resources operated and controlled by parties other
than the Ministry. Links to and from the Web Site to such third party sites do
not imply or constitute an endorsement by the Ministry of any third party
material or contents.
(9) The Ministry does not represent or endorse the accuracy or reliability of
any advice, opinion, statement or other information displayed or distributed
through the Web Site. You acknowledge that any reliance upon any such opinion,
advice, statement, memorandum, or information shall be at your sole risk. The
Ministry reserves the right, in its sole discretion, to correct any errors or
omissions in any portion of the Web Site.
(10) The Ministry reserves the right at all times to disclose any information as
necessary to satisfy any law, regulation or government request, or to edit,
refuse to post or to remove any information or materials, in whole or in part,
that in the Ministry's sole discretion are objectionable or in violation of this
Agreement.
(11) THE MINISTRY WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS,
MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS
PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE
MINISTRY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE
CONTENT ON THE WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE
ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, FOR ANY
HYPERTEXT LINKS TO THIRD PARTY WEB SITES OR FOR ANY BREACH OF SECURITY
ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE
OR ANY LINKED SITE. FURTHER, THE MINISTRY DISCLAIMS ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE MINISTRY DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED
THEREIN WILL BE UNINTERRUPTED, ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. THE
MINISTRY SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT
LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, THE MINISTRY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OF OR ACCESS TO THE WEB SITE OR FOR ANY
INFORMATION OBTAINED THROUGH THE WEB SITE, WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE, EVEN IF THE MINISTRY OR ANY OF ITS AGENTS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, AND THEREFORE THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.
(12) Some comments and information on the WEB Site may be based upon the
Ministry's management's current expectations, estimates and/or projections about
the Ministry's markets and industries. These statements about the Ministry are
forward-looking statements which are not guarantees of future performance and
involve certain risks, uncertainties and assumptions that are difficult to
predict. Therefore, actual outcomes and results may differ from what is
expressed or forecasted. Among the factors that could cause actual results to
differ are uncertainties in competitive pricing pressures, general domestic and
international economic conditions and market demand.
(13) By posting messages, uploading files, inputting data or engaging in any
other form of communication (individually or collectively "Communications") to
the Web Site, you hereby grant to the Ministry a perpetual, worldwide,
irrevocable, unrestricted, non-exclusive, royalty free license to use, copy,
license, sublicense, adapt, distribute, display, publicly perform, reproduce,
transmit, modify, edit and otherwise fully exploit such Communications, in all
media now known or hereafter developed. You hereby waive all rights to any claim
against the Ministry for any alleged or actual infringements of any proprietary
rights, rights of privacy and publicity, moral rights and rights of attribution
in connection with such Communications.
(14) You acknowledge that Communications involving the Web Site are not
confidential and that Communications may be read or intercepted by others. You
acknowledge that by submitting Communications to the Ministry, no confidential,
fiduciary, contractually implied or other relationship is created between you
and the Ministry other than pursuant to this Agreement.
(15) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF OHIO, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. YOU
HEREBY AGREE AND CONSENT THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION
OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE AN
APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF INDIANA.
(16) The Ministry has a long standing policy that does not allow it to accept or
consider creative ideas, suggestions or materials other than those which have
been specifically requested or otherwise affirmatively solicited by the Ministry
in writing. It is the intent of this policy to avoid possible misunderstandings
as to the ownership of creative ideas, concepts, suggestions or materials. If
you send any creative materials, suggestions, ideas, notes, drawings, concepts
or other information (collectively known as the "Information") to the Ministry
in printed form, electronic means or otherwise, the Information shall be deemed
to be the property of the Ministry and shall not be subject to any obligations
of confidence, non-disclosure or non-usage. The Ministry is hereby entitled to
unrestricted usage of the Information on a worldwide basis without compensation
to the provider of the Information.
(17) This Agreement constitutes the entire agreement between the Ministry and
you with respect to your use of and access to the Web Site. This Agreement
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and the Ministry with respect to the
Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not
give effect to all of the terms and conditions of this Agreement. Any cause of
action you may have with respect to your use of and access to the Web Site must
be commenced within one (1) year after the claim or cause of action arises. If
for any reason a court of competent jurisdiction finds any provision of this
Agreement, or portion thereof, to be unenforceable, that provision shall be
enforced to the maximum extent permissible so as to give legal effect to the
intent of the Agreement, and the remainder of this Agreement shall continue in
full force and effect. A printed version of this Agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement or the Web Site to the same
extent and subject to the same conditions as other business documents and
records generated and maintained in printed form by the Ministry. The failure of
the Ministry to enforce any provision of this Agreement shall not be deemed a
waiver of such provision nor bar the Ministry's right to enforce the provision.
(18) The contents of the Biblical Counseling web site, such as text, graphics,
images, information obtained from our licensors or associate organizations, and
other material contained on the site ("Content") are for informational purposes
only. The Content is not intended to be a substitute for professional medical
advice, diagnosis, or treatment. Always seek the advice of your physician or
other qualified health provider with any questions you may have regarding a
medical condition. Never disregard professional medical advice or delay in
seeking it because of something you have read on this site!