Terms & Conditions and Privacy Policy

TERMS AND CONDITIONS OF USE of www.adventist­learning­community.com

Welcome to the website of The Adventist Learning Community (ALC). Please take a few minutes to review the following statements containing important legal information, privacy policies and other terms and conditions of use of this site.

Thank you for your cooperation.

SUMMARY OF IMPORTANT LEGAL INFORMATION

The www.adventist­learning­community.com website (the “Site”) is produced by the North American Division of Seventh-day Adventists. All use of the Site is subject to the Terms and Conditions set forth below. By entering and using the Site, you acknowledge that you have read and understood such Terms and Conditions and that you agree to abide by them. The Site is designed and intended for educational and spiritual purposes only. The ALC does not endorse, guarantee, warrant, or recommend any information, products or services discussed or advertised on the Site or linked from the Site.

Information Presented by the ALC.

The information presented by or on behalf of the ALC on the Site is designed for informational and educational purposes only. Although the ALC endeavors to ensure the accuracy and reliability of information presented by or on behalf of the ALC on the Site, it does not guarantee the accuracy, completeness, efficacy or timeliness of such information, and therefore, makes no representation or warranty regarding the same. Furthermore, the ALC does not endorse, guarantee, warrant, or recommend any information, products or services discussed or advertised on the Site or linked from the Site.

Reliance on any information, products or services appearing on the Site that is provided by the ALC or the North American Division’s employees is solely at your own risk.

Information Presented by Users and Third Parties.

Any content and/or opinions uploaded or submitted by a third party, including all materials, articles, hyperlinks, documents, spreadsheets, presentations, images, individual user profiles, comments, opinions, or other dialogue, any other content or opinions in any form and responses to questions (hereinafter “User-Posted Content”) are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of the ALC. The ALC makes no representation or warranty regarding User-Posted Content that is posted or uploaded by users of the Site or other third parties, and the ALC expressly disclaims any and all liability related thereto. By using the Site, you agree to hold the ALC harmless from any and all claims arising out of User-Posted Content. Reliance on any information, products or services appearing on the Site, whether provided by third parties at the invitation of the ALC or visitors or contributors to the website is solely at your own risk.

Liability of the Adventist Learning Community and its Licensors.

The Site and information provided on the Site is provided on an “as is” and “as available” basis, with all faults. Neither the ALC nor any person associated with the ALC makes any warranty or representation with respect to the quality, accuracy, or availability of the Site. Specifically, but without limiting the foregoing, neither the ALC nor anyone associated with the ALC warrants or represents that the Site or the information provided on the Site will be accurate, reliable, error-free, uninterrupted; that defects will be corrected; that the Site or the servers that make them available are free from viruses or other harmful components; or that the Site will otherwise meet your needs or expectations. The ALC disclaims all warranties of any kind, express or implied, including any warranties of merchantability, fitness for a particular purpose or non-infringement.

In no event will the ALC or its contractors be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, the Site, including any direct, indirect, incidental, special, consequential or punitive damages, including, but not limited to, lost profits or damages resulting from delay, interruption in service, viruses, deletion of files or electronic communications, or errors, omissions, or other inaccuracies in the Site or the content transmitted on the Site or personal injury, whether or not there is negligence by the ALC and whether or not the ALC has been advised of the possibility of any such

Member and User Obligations.

You agree to comply in all respects with these Terms and Conditions as they may be amended, updated or revised from time to time. Your failure to comply with the provisions of copyright and trademark restrictions and member obligations may expose you to civil and/or criminal liability.

Copyright and Trademark Notices.

The content of material provided by the ALC on the Site is copyrighted by the ALC or used by the ALC under license or other legal authority. The ALC and its licensors retain all copyrights and other proprietary rights in or relating to any content, including any software, provided on the Site. All rights are reserved and such content may not be reproduced, downloaded, modified, published, displayed, disseminated, or transferred, in any form or by any means, except with the prior written agreement of the ALC or as indicated below. You may download and print a small number of copies of the content for educational uses. You may not sell, transfer, reproduce, transmit, distribute, perform or display such content for any commercial purpose without the prior express written consent of the ALC.

PRIVACY POLICY

The ALC provides the following privacy policy (the “Privacy Policy”) in order to demonstrate our firm commitment to privacy. The ALC may need to change this Privacy Policy from time to time in order to address new issues and to reflect changes on our Site. Please refer back to this Privacy Policy regularly because your use of the Site signifies that you agree to be bound by the terms and conditions of this Privacy Policy, as amended from time to time.

a. Collection of Personal Information.

The ALC may ask for information about our users at the point of registration. Such information may include name, age, education level, gender, e-mail address, zip code and areas of interest. This information tells us about the types of people who use the Site, allows us to verify a user’s identity and helps us tailor the Site to our audience.

b. Use of Personally Identifiable Information.

The ALC will not sell or otherwise transfer or disclose personally identifiable information to third parties without the user's prior consent except as may be required by federal, state or local law, court order, or by exigent circumstances. That means that the ALC will not disclose your name, e-mail address, street address or phone number without your consent. We may use your personally identifiable information to compile and display content and information that we think you might be interested in. The ALC also may use your profile information on an aggregate basis -- without personal identifiers -- to develop and display new features and content for the Site, and to provide others with aggregate information about our users and the usage patterns of the Site.

The ALC also may perform statistical analyses of user behavior (on an aggregate basis) in order to measure interest in and use of the various areas of the Site.

c. Voluntary Disclosure of Personally Identifiable Information on Bulletin Boards, News Groups and Chat Rooms, and other Interactive Areas (collectively "Interactive Areas").

Users should be aware that when they voluntarily disclose personally identifiable information (for example, user name, e-mail address) on an Interactive Area of the Site, that information, along with any substantive information disclosed in the user's communication, can be collected and correlated and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond the control of the ALC and the ALC is not responsible for the discoverability of any user’s identity by methods beyond our control.

d. Cookie Technology.

The ALC may collect non-personal identification information through the use of “cookie” technology and/or Internet Protocol (“IP”) address tracking. Cookies are small text files a website can use to recognize repeat users and facilitate the user’s ongoing access to and use of the site. Non-personal identification information might include the browser used by the user, the type of computer, the operating systems, the Internet service providers and other similar information. The ALC’s system may also automatically gather information about the areas the user visits on the Site and about the links the user may select from within the Site to other sites.

The ALC cannot control the use of cookies by advertisers or third parties displaying data on the Site or whose sites a user visits or links to from the Site. Most browsers are set to accept cookies. You can set yours to refuse cookies, or to alert you when cookies are being sent.

e. Links to other sites.

Users will find advertising or other content on the Site that enable linking to the sites of the ALC’s advertisers and other third parties. These third party sites may have their own privacy policies or no policy at all. The ALC’s Privacy Policy does not apply to such other sites. The ALC has no control over and is not responsible for the content displayed on such sites, nor over the measures, if any, that are taken by such sites to protect the privacy of user information. Users should check the privacy policy of any third party site before providing personally identifiable information.

f. Security of Information.

The ALC is committed to keeping user information secure, and uses industry standard technology in an attempt to achieve that goal.

g. Release of Information to Comply with Legal Requirements or Government Request.

The ALC reserves the right at all times to disclose any information uploaded to or appearing on the Site to the extent necessary to comply with any applicable law, regulation, legal process, subpoena or governmental request.

h. Removal of Information and Termination of Usage.

The ALC reserves the right, but does not assume any responsibility, to (1) remove from the Site any material posted by you which the ALC, in its sole discretion, deems inconsistent with these Terms and Conditions; and/or (2) terminate your access to all or part of the Site. However, the ALC can neither review all material prior to transmission on the website nor ensure prompt action with respect to objectionable material after it is transmitted on the Site. Accordingly, the ALC assumes no liability for any action or inaction regarding transmissions, communications, or other content that is provided by third parties. The ALC reserves the right to take any action it deems necessary to protect the personal safety of users of the Site and the public, however, the ALC has no liability or responsibility to anyone for performance or nonperformance of the Site.

i. Contact Information.

The ALC welcomes your comments and questions. All comments and questions regarding this Privacy Policy should be directed to Adam Fenner by email at adam.­fenner@­nad.­adventist.­org

LINKS TO OTHER SITES AND ADVERTISING

The Site contains links to third party websites. These links are provided solely as a convenience to users and not as a guarantee, warrantee, endorsement or recommendation by the ALC of the content on such third-party websites or as an indication of any affiliation, sponsorship or endorsement of such third party websites. The ALC is not responsible for the content of linked third-party sites and does not make any representations regarding the privacy practices of, or the content or accuracy of materials on, such third-party websites. Furthermore, the ALC is not responsible for webcasting or any other form of transmission received from any linked website. If you decide to access linked third-party websites, you do so at your own risk.

Your use of third-party websites is subject to the terms of use for such sites.

THE SITE ALSO MAY CONTAIN ADVERTISEMENTS BY THIRD PARTIES. THE ALC MAY RECEIVE ROYALTIES FROM SUCH ADVERTISERS. THE ALC DOES NOT ENDORSE, GUARANTEE, WARRANT, OR RECOMMEND ANY INFORMATION, PRODUCT OR SERVICE CONTAINED IN ADVERTISEMENTS.

USE OF INTERACTIVE AREAS

The ALC may provide interactive forums, chat rooms, news groups, bulletin boards and other interactive areas (“Interactive Areas”) on the Site. If you use any of the Interactive Areas, you are solely responsible for your own communications and the consequences of posting those communications, and you assume responsibility for such communications, including its legality, reliability, and appropriateness. By posting or otherwise displaying information on the Site, you grant to the ALC the right to display, copy, distribute and publish in any format User-Posted Content you upload or otherwise transmit to the Site. The ALC does not assume any responsibility for the truthfulness, accuracy or reliability of any material posted on any Interactive Area, or of consequences of any Interactive Area communications on or arising from use of the Site.

IN CASES WHERE YOU FEEL THREATENED OR BELIEVE SOMEONE ELSE IS IN DANGER, YOU SHOULD CONTACT YOUR LOCAL LAW ENFORCEMENT AGENCY IMMEDIATELY.

In consideration of being allowed to use the Interactive Areas, you agree not to engage in the following activities:

  1. Using an Interactive Area for any purpose in violation of local, state, national, or international laws;
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Posting material that is unlawful, offensive, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity as determined by the ALC at its sole discretion;
  4. Posting material that contains any virus, worm, Trojan horse or other code which may contaminate, destroy or interfere with the files or programs of the ALC or its users;
  5. Posting advertisements or solicitations of business without prior express written consent from the ALC in advance of making the posting;
  6. After receiving a warning, continuing to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed;
  7. Posting chain letters or pyramid schemes;
  8. Impersonating another person;
  9. Allowing any other person or entity to use your identification to post or
  10. Posting the same note more than once (i.e., “spamming"); or
  11. Engaging in any other conduct that restricts or inhibits any other person from using the Interactive Areas, or which, in the judgment of the ALC, exposes the ALC or any of its users or Sponsors to any liability or detriment of any type.

The ALC reserves the right but is not obligated to record the dialogue in public chat rooms. The ALC does not screen communications in advance and is not responsible for screening or monitoring material posted by users, or any other person or entity. If notified by a user of communication(s) which are alleged not to conform to the terms of this Section, the ALC may but is not obligated to investigate the allegation and determine in its sole discretion to remove or request the removal of the communication(s). The ALC reserves the right but is not obligated to remove or edit communications which are abusive, illegal, disruptive, or that otherwise fail to conform with these Conditions. In addition to the removal rights described above, the ALC reserves the right to terminate a user's access to any or all Interactive Areas at any time, with or without notice, in the exercise of its sole discretion.

The ALC reserves the right but is not obligated to monitor, edit, or disclose any posting on the Interactive Areas for lack of adherence to the Conditions, if required in the course of normal operation and maintenance of the ALC, or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of the ALC or others; or (iii) protect the personal safety of our users, Sponsors, or the public. THE ALC HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING

THE ALC MAKES NO REPRESENTATIONS, PROMISES, WARRANTIES OR UNDERTAKINGS CONTRARY TO THOSE SET FORTH ABOVE.

COMPLAINT PROCEDURES

Any suspected violations of these Terms and Conditions or misuse of the Site should be immediately reported to adam.­fenner@­nad.­adventist.­org.

MISCELLANEOUS CONDITIONS OF USE

Resolution and Disputes. These Terms and Conditions shall be governed in all respects by and construed in accordance with the laws of the State of Maryland, without regard to its conflicts of law principles. These Terms and Conditions, as they may be amended from time to time, completely and exclusively state the agreement between you and the ALC with respect to the Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have that arises out of or relates to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of or relating to the Site shall be in the state or federal courts located in the State of Maryland. You agree and submit to the jurisdiction of such courts.

If any part of the Terms and Conditions are unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of the Terms and Conditions shall remain in full force and effect. The ALC’s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and the ALC nor any trade practices shall be deemed to modify the Terms and Conditions.

AGREEMENT

BY ENTERING AND USING THE ALC’S SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE OF THE SITE, THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH ABOVE ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THEM IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY. YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS THE ALC, THE SEVENTH-DAY ADVENTIST CHURCH AND ITS OFFICERS, DIRECTORS, MEMBERS, AGENTS, AFFILIATES, THIRDPARTY INFORMATION PROVIDERS, LICENSORS, AND OTHERS INVOLVED IN THE DELIVERY OF THE WEBSITE OR THE DELIVERY OF INFORMATION, PRODUCTS OR SERVICES OVER THE WEBSITE, FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, FROM ANY CLAIM, COMPLAINT OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY VIOLATION BY YOU OF THESE TERMS AND CONDITIONS.