TERMS AND CONDITIONS

TERMS OF USE Last Updated May 8, 2017

TERMS AND CONDITIONS:  The General Council on Finance and Administration of the United Methodist Church (GCFA) (referred to in these Terms of Use as “GCFA,” “we,” or “us”) operates this website, including the web pages located on the domain UMCWell.org (collectively, the “Site”). By using or visiting the Site you signify your agreement to these Terms of Use and GCFA’s Privacy Policy, which is incorporated herein by reference. We may modify these Terms of Use from time to time. Your continued use of the service constitutes your binding acceptance to these Terms, including any changes or modifications that we may make. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may not continue your use of the Site.

 

IINFORMATIONAL CONTENT: The Site is for informational purpose only and does not constitute an offer to sell or a solicitation of an offer to buy or a recommendation for any services or strategies. The Site is limited to the dissemination of general information of the service offerings provided by GCFA. GCFA uses reasonable efforts to update the information on the Site. However, GCFA the contents of the Site are subject to change without notice. GCFA makes no representations or warranties as to the accuracy, reliability or completeness of any information at the Site. Please contact us for more information on your particular need.

 

YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED ON THE SITE AS A SUBSTITUTE OR REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL ADVICE FROM A HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. INFORMATION PROVIDED ON THE SITE IS USED SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. IN THE CASE OF A MEDICAL EMERGENCY, PLEASE CONTACT EMERGENCY MEDICAL RESPONDERS. DO NOT PUBLISH, POST, UPLOAD, DISTRIBUTE OR DISSEMINATE ON THE SITE ANY INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION (AS DEFINED UNDER HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) REGULATIONS AT 45 C.F.R. § 160.103).

 

CONTENT: “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or N WKN01 988589 v1 2925554-000001 contribute to the Site. By submitting Content to the Site, you represent and warrant that: (i) you have full right and power to enter into and perform under these Terms of Use, and have secured all third-party consents, licenses and permissions necessary to enter into and perform under these Terms of Use; (ii) the Content that you submit will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or moral rights; and (iii) the Content that you submit, the act of your submission, and any use by us of your submitted Content does not and will not violate any law, statute, ordinance or regulation. By submitting Content to us, you grant GCFA, and its affiliated companies, and our business partners a worldwide, royalty-free, nonexclusive license to publicly perform, publicly display, broadcast, encode, edit, alter, modify, reproduce, transmit, manufacture, distribute and synchronize with visual images your Content, in whole or in part, alone or in compilation with content provided by third parties, through any medium now known or hereafter devised for the purpose of demonstrating, promoting or distributing your Content or storing the work in a remote database accessible by users seeking to download or otherwise acquire it.

 

CONDUCT ON THE SITE: The Content on the Site is intended for your personal, noncommercial use. Content published on the Site may be protected by copyright. You may not copy, modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display or in any way exploit any of the materials or Content or the Site in whole or part in a manner inconsistent with fair use of copyright (17 U.S.C. § 107). You agree that you will not (i) defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others; (ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (iii) publish, post, upload, distribute or disseminate any individually identifiable health information (as defined under Health Insurance Portability and Accountability Act (HIPAA) regulations at 45 C.F.R. § 160.103); (iv) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer; (v) download any file posted by another user that you know or reasonably should know cannot be legally distributed in such matter, (vi) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; or (vii) restrict or inhibit any other user from using and enjoying the Site. GCFA and its affiliated companies do not assume any responsibility or liability for Content that is provided by others. GCFA does not necessarily approve, condone, sanction, endorse, or agree with Content provided by others. GCFA does reserve the right to remove Content that, in GCFA’s judgment, does not meet its standards or does not comply with these Terms of Use, but GCFA is not responsible for any failure or delay in reviewing or removing such material. We reserve the right, in our sole discretion, to restrict, suspend or terminate your access and/or registration to all or to any part of the Site at any time without notice for any reason whatsoever. Use of the Site is subject to applicable laws and legal process, and nothing contained herein shall limit our right to comply with governmental, administrative, court, and law enforcement requests or requirements relating to your use of the Site, Content, or information provided to or gathered by us with respect to such use. N WKN01 988589 v1 2925554-000001

INDEMNITY:  You agree to indemnify, defend, and hold harmless GCFA, its affiliate companies, and their officers, directors, employees, agents, content providers, customers, licensors, suppliers, and any person or entity now or previously acting, directly or indirectly, in the interest of or on behalf of GCFA and each of its affiliated companies from and against any and all claims, proceedings, lawsuits, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from: (i) your use of the Site and any of the Content obtained on or through the Site; (ii) any breach by you of these Terms of Use; and (iii) any other activity by you on or in connection with the Site (including, without limitation, infringement of third parties’ intellectual property rights or any other negligent, illegal or wrongful conduct) by you or any other person accessing the Site using your account.

DIGITAL MILLENNIUM COPYRIGHT ACT: If you believe that Content you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately. You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated agent at 1 Music Circle North; Nashville, TN 37203 and lmayberrywright@gcfa.org with the information required in 17 U.S.C. § 512(c)(3). In appropriate circumstances, GCFA will terminate the accounts of repeat infringers.

 

INTELLECTUAL PROPERTY: This agreement does not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right of GCFA. Modification of any content on the Site is explicitly prohibited. You are also prohibited from utilizing this website in any way that would damage its Content or visibility for other visitors. As between GCFA and you, GCFA has and retains exclusive and valid ownership of the Site, the names and marks thereof, and all intellectual property, proprietary rights and documentation therein, and you acknowledges that the foregoing constitute valuable assets and may constitute trade secrets of GCFA. All trademarks, service marks, trade dress, product names, company names or logos on the Site, whether registered or not, are the property of GCFA. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Site without the prior written authorization of GCFA.

THIRD PARTY SITES AND CONTENT: This Site contains links to other Internet sites that our business partners and other third parties own or operate. Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted. We have no control over third party sites and we are not responsible for any changes to or Content on them. Our inclusion of any Content is not an endorsement of that material or link or the companies that own or operate the material or linked sites.

 

RISK ALLOCATION: WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF N WKN01 988589 v1 2925554-000001 INFORMATION OR CONTENT. WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR CONTENT FROM THE SITE. WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. THE SITE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. IN NO EVENT SHALL GCFA, ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (THE “GCFA ENTITIES”) BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE GCFA SITE, THE CONTENT, OR ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE GCFA ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

MODIFICATIONS AND INTERRUPTION OF SERVICE: GCFA reserves the right to modify or discontinue this website with or without notice to the user. GCFA shall not be liable to user or any third party should GCFA exercise its right to modify or discontinue the website. We do not guarantee continuous, uninterrupted or secure access to our website and that the operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.

 

GENERAL: These Terms of Use are governed by and construed in accordance with the laws of the State of Tennessee, exclusive of its choice of law rules. Venue shall be exclusive in the federal or state courts sitting in Tennessee. In any action to enforce these terms and conditions, the prevailing party will be entitled to costs and attorneys’ fees. Nothing in these Terms of Use limits either party's ability to seek equitable relief. GCFA shall be entitled to reasonable attorneys’ fees and costs in connection with enforcing any provision of these Terms of Use. These Terms of Use constitute the entire agreement between you and the Parties with respect to the Site, and supersedes all previous written or oral agreements. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent N WKN01 988589 v1 2925554-000001 of the original provision and the remainder of the Terms of Use shall continue in effect. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of our third party content providers and their respective agents shall be limited to the greatest extent permitted by law.