Agreement – Terms of Service
You may be referred to as
The terms 'You' or 'Licensee' includes you and any
of your owners,
employees, partners, independent contractors, subsidiaries, affiliates,
attorneys, agents, heirs, and assigns.
We may be referred to as Licensor. The terms 'Us,' 'We,' or 'Licensor'
Soul Preaching and our owners, employees, subsidiaries, independent
contractors, agents, attorneys, and assigns.
You must be at least 18
years old to access this website or to purchase
products or services from us.
We do not direct this
website to minors, nor do we knowingly collect
any personal information from children under the age of thirteen.
ALL CONTENT IS PROVIDED "AS
IS" AND ANY AND ALL
WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING,
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
Our cumulative liability to
you or anyone else for any loss
or damages resulting from any claims, demands, or actions arising out
relating to this Agreement or use of the content or website shall not
the amount you have paid to us for the product or service. In no event
be liable for any indirect, incidental, consequential, special, or
damages or lost profits, even if we have been advised of the
such damages. You agree that the foregoing constitutes your sole and
remedy for any breach of this Agreement. SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
is no promise or representation that you will make a certain amount of
or any money, or not lose money, as a result of using our products and
earnings, revenue, or income statements are strictly estimates. There is no guarantee that you will make
these levels for yourself.
with any business, your results will vary and will be based on your
abilities, experience, knowledge, capabilities, level of desire, and an
infinite number of variables beyond our control, including variables we
have not anticipated. There are no guarantees concerning the level of
you may experience. Each person's results will vary.
There are unknown risks in any business, particularly with the Internet
advances and changes can happen quickly.
The use of our information, products and services should be based on
due diligence and you agree that we are not liable for your success or
You will not assign,
sublicense, transfer, pledge, sell,
lease, rent, lend, or otherwise dispose of the content, or any part of
share your rights under this Agreement, to others.
You will not give others
access to your username and
You will not violate any laws, third
party rights, or this
Agreement. This includes, but is not
limited to, not posting any material or content that is defamatory,
belongs to someone else, is obscene or pornographic
You will not provide false
or misleading information to us.
Consent to Use Information
When you communicate with
us, send us information, or provide content
to us or out website, you grant us a non-exclusive, worldwide,
irrevocable, royalty-free, sublicensable right to exercise all
publicity rights you have in the content, in any manner whatsoever, in
media now known or which may be created in the future, including in
and forms not associated with this website.
No Waiver of Rights
Our failure to enforce any
rights granted in this Agreement
or to take action against any other party in the event of any breach
be deemed a waiver by us as to subsequent enforcement of rights or
actions in the event of future breaches.
We respect your interest in
your privacy and as a result we have
created this informational disclosure.
We collect and use personal information for many purposes, including
limited to, billing; product and service fulfillment; to better
customer needs; to provide a better website, products and services; to
communicate with customers and potential customers regarding our
services and third party products and services.
Generally, your private information will only be disclosed to our
employees, independent contractors, subsidiaries, partners, affiliates,
attorneys, consultants, business associates, service providers,
agents, acting on our behalf or request. This general rule, and
specific situations, is more particularly described below.
Collected by our
The hosting provider for
this Internet site (as with any Internet site)
has the ability to record various information, including domain name,
accessed, date and time of access, web browser type and computer
system, and referring information, and to disclose this information.
most commonly done by providing access to raw server logs. For more
you should perform an Internet search on 'server logs' or 'raw server
may have access to our raw server logs and access reports prepared by
We sell products and
services. When sales are made financial
information must be disclosed. This information can include any number
you are asked to provide, but most commonly includes your name,
credit card information, billing address, and email address. Generally,
purchase information will be provided by you to a third party payment
and we do not receive your financial / credit card information.
In the event we do receive financial / credit card information, we will
disclose it to anyone unless disclosure is required by law or a court
unless disclosure is required to address an issue implicated by the
transaction. If you claim that your
financial information was used to make a purchase you did not
details about the financial transaction may be disclosed to law
anyone else we deem necessary to address the matter.
of eMail Addresses and
other Contact Information
An important part of our
services includes being able to provide
information to you. As a result, you expressly consent to receiving
communications from us via email, fax, telephone, mail, or any other
As a customer you are agreeing to receive information about the product
service you purchased. This may include, but is not limited to,
about product or service updates, new features, or information we
may find interesting.
We may also send you information about other products and services our
We will not sell, provide, or transfer you email address to others.
We may allow advertising to our customers, or engage in joint ventures,
result in your receiving advertisements from selected third parties.
If you purchase one of our
products or services, you authorize us to
use your name and identification information in advertising or
We also use personal information in an aggregate form (i.e., not
attributable to you) for business analysis, operational, marketing and
Cookies may be used to keep
track of referred affiliate commissions and
to monitor access to our website. You
cookies for publicly available data to gather statistics for the
determining which search engines, referring sites, key words, etc.,
visitors to our website, which pages visitors are most interested in,
browsers are used, etc. Various providers may be used for this purpose.
purpose is obtain information that will help promote the website, make
website more interesting and useful to visitors, and to identify areas
improvement is needed.
Additionally, various third party information suppliers and other
provide information for this website, or for use by us, may use
Examples include, but are not necessarily limited to billing providers,
party advertisers, and third party resources we promote.
Private information may be
disclosed if required by a court order,
statute, law, or regulation.
Information is subject to disclosure to address a claim that you are
the terms of any agreement pertaining to your use of your use this
our products or services, or rights of any third party.
Information is also subject to disclosure if we believe that disclosure
necessary to identify, contact or bring an action against someone who
causing injury to or interfering (either intentionally or
our rights or property, your rights or property, other users of our
products or services, or anyone else.
As we continue to develop our business, we or our affiliates may sell
other businesses or entities, or we may merge with another company, or
by another company. In such transactions, personal information may be
the transferred assets.
Your information may be stored and processed in any country in which we
maintain facilities or conduct operations. By using our website,
services, you consent to any such transfer of information outside of
After your account becomes inactive your information may remain in our
databases, computers, and archives, and cannot reasonably be expunged.
This Agreement in all
respects shall be governed by and
construed according to the laws of the State of Tennessee, to the
any other applicable body of governing law, without regard to conflicts
This Agreement is entered
into in Nashville, Tennessee. You consent
to the exclusive jurisdiction of Tennessee
for any dispute arising from or related to this Agreement.
You agree that the
exclusive venue for any dispute arising from or
related to this Agreement will be a court located in Davidson County,
Should any term of this
Agreement be declared void or
unenforceable, that term shall be severed from the Agreement such
shall have no effect on the enforceability of the remaining terms.
This Agreement contains the
complete and entire understanding and
agreement between you and us and supersedes any previous
representations, or agreements, verbal or written, related to the
matter of this Agreement.
This Agreement may not be
modified or amended orally, impliedly, or in
any manner not set forth in writing or permitted by this Agreement.
This Agreement may be amended by us at any time and without notice, but
amending this Agreement as posted on this website, unless otherwise
in a writing signed by both of us.
Any amendments will become effective 30 days after being posted on the
unless circumstances require that a change be immediately implemented.
condition for this Agreement you agree to periodically check this
posted at this page.
You agree that your
continued use of our product or service after that
date will constitute your consent and acceptance of the amendment.
Nashville, Tennessee 37217