TERMS
OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY.
BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND
BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY
OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND
CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO
ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR
OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 07/01/2017.
ACCEPTANCE OF TERMS
The
following Terms of Service Agreement (the "TOS") is a legally binding
agreement that shall govern the relationship with our users and others which
may interact or interface with True North Financial
Ministries, also known as Koach Financial,
located at 1311 Tijeras Avenue Northwest, Albuquerque, New Mexico 87102 and our subsidiaries and affiliates, in
association with the use of the Koach Financial
website, which includes www.getkoached.org, (the "Site") and its
Services, which shall be defined below.
DESCRIPTION OF WEBSITE
SERVICES OFFERED
The
Site is a non-profit website financial website which has the following description:
This
website is intended to help individuals manage their finances by allowing them
to input and manage various aspects of their financial life.
Any
and all visitors to our site, despite whether they are registered or not, shall
be deemed as "users" of the herein contained Services provided for
the purpose of this TOS. Once an individual
register's for our Services, through the process of creating an account, the
user shall then be considered a "member."
The user and/or member acknowledges and
agrees that the Services provided and made available through our website and
applications, which may include some mobile applications and that those
applications may be made available on various social media networking sites and
numerous other platforms and downloadable programs, are the sole property of True North Financial Ministries. At
its discretion, True North Financial Ministries
may offer additional website Services and/or products, or update, modify or
revise any current content and Services, and this Agreement shall apply to any
and all additional Services and/or products and any and all updated, modified
or revised Services unless otherwise stipulated. True
North Financial Ministries does hereby reserve the right to cancel and
cease offering any of the aforementioned Services and/or products. You, as the
end user and/or member, acknowledge, accept and agree that True North Financial Ministries shall not be held liable
for any such updates, modifications, revisions, suspensions or discontinuance
of any of our Services and/or products. Your continued use of the Services
provided, after such posting of any updates, changes, and/or modifications
shall constitute your acceptance of such updates, changes and/or modifications,
and as such, frequent review of this Agreement and any and all applicable terms
and policies should be made by you to ensure you are aware of all terms and
policies currently in effect. Should you not agree to the updated, revised or
modified terms, you must stop using the provided Services forthwith.
Furthermore,
the user and/or member understands, acknowledges and agrees that the Services
offered shall be provided "AS IS" and as such True
North Financial Ministries shall not assume any responsibility or
obligation for the timeliness, missed delivery, deletion and/or any failure to
store user content, communication or personalization settings.
REGISTRATION
To
register and become a "member" of the Site, you must be at least 18
years of age to enter into and form a legally binding contract. In addition, you
must be in good standing and not an individual that has been previously barred
from receiving Koach Financial's Services under
the laws and statutes of the United States or other applicable jurisdiction.
When
you register, Koach Financial may collect information
such as your name, e-mail address, birth date, gender, mailing address,
occupation, industry and personal interests. You can edit your account
information at any time. Once you register with Koach
Financial and sign in to our Services, you are no longer
anonymous to us.
Furthermore,
the registering party hereby acknowledges, understands and agrees to:
a)
furnish
factual, correct, current and complete information with regards to yourself as
may be requested by the data registration process, and
b)
maintain
and promptly update your registration and profile information in an effort to
maintain accuracy and completeness at all times.
If
anyone knowingly provides any information of a false, untrue, inaccurate or
incomplete nature, True North Financial Ministries
will have sufficient grounds and rights to suspend or terminate the member in
violation of this aspect of the Agreement, and as such refuse any and all
current or future use of True North Financial Ministries
Services, or any portion thereof.
It
is True North Financial Ministries's priority to
ensure the safety and privacy of all its visitors, users and members,
especially that of children. Therefore, it is for this reason that the parents
of any child under the age of 13 that permit their child or children access to
the Koach Financial website platform Services must
create a "family" account, which will certify that the individual
creating the "family" account is of 18 years of age and as such, the
parent or legal guardian of any child or children registered under the
"family" account. As the creator of the "family" account,
s/he is thereby granting permission for his/her child or children to access the
various Services provided, including, but not limited to, message boards,
email, and/or instant messaging. It is the parent's and/or legal guardian's
responsibility to determine whether any of the Services and/or content provided
are age-appropriate for his/her child.
PRIVACY POLICY
Every
member's registration data and various other personal information are strictly
protected by the True North Financial Ministries Online Privacy Policy (see the full Privacy Policy at
https://www.getkoached.org/privacypolicy). As a member, you herein consent to
the collection and use of the information provided, including the transfer of
information within the United States and/or other countries for storage,
processing or use by True North Financial Ministries
and/or our subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole
authorized user of your account. You shall be responsible for maintaining the
secrecy and confidentiality of your password and for all activities that
transpire on or within your account. It is your responsibility for any act or
omission of any user(s) that access your account information that, if
undertaken by you, would be deemed a violation of the TOS. It shall be your
responsibility to notify True North Financial Ministries
immediately if you notice any unauthorized access or use of your account or
password or any other breach of security. True North
Financial Ministries shall not be held liable for any loss and/or damage
arising from any failure to comply with this term and/or condition of the TOS.
CONDUCT
As a user or member of the Site, you herein
acknowledge, understand and agree that all information, text, software, data,
photographs, music, video, messages, tags or any other content, whether it is
publicly or privately posted and/or transmitted, is the expressed sole
responsibility of the individual from whom the content originated. In short,
this means that you are solely responsible for any and all content posted,
uploaded, emailed, transmitted or otherwise made available by way of the Koach Financial Services, and as such, we do not
guarantee the accuracy, integrity or quality of such content. It is expressly
understood that by use of our Services, you may be exposed to content
including, but not limited to, any errors or omissions in any content posted,
and/or any loss or damage of any kind incurred as a result of the use of any
content posted, emailed, transmitted or otherwise made available by Koach Financial.
Furthermore, you herein agree not to make use
of True North Financial Ministries's Services for
the purpose of:
a)
uploading, posting, emailing, transmitting,
or otherwise making available any content that shall be deemed unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, or invasive of another's privacy or which is hateful, and/or
racially, ethnically, or otherwise objectionable;
b)
causing harm to minors in any manner
whatsoever;
c)
impersonating any individual or entity,
including, but not limited to, any Koach Financial
officials, forum leaders, guides or hosts or falsely stating or otherwise
misrepresenting any affiliation with an individual or entity;
d)
forging captions, headings or titles or
otherwise offering any content that you personally have no right to pursuant to
any law nor having any contractual or fiduciary relationship with;
e)
uploading, posting, emailing, transmitting or
otherwise offering any such content that may infringe upon any patent,
copyright, trademark, or any other proprietary or intellectual rights of any
other party;
f)
uploading, posting, emailing, transmitting or
otherwise offering any content that you do not personally have any right to
offer pursuant to any law or in accordance with any contractual or fiduciary
relationship;
g)
uploading, posting, emailing, transmitting,
or otherwise offering any unsolicited or unauthorized advertising, promotional
flyers, "junk mail," "spam," or any other form of
solicitation, except in any such areas that may have been designated for such purpose;
h)
uploading, posting, emailing, transmitting,
or otherwise offering any source that may contain a software virus or other
computer code, any files and/or programs which have been designed to interfere,
destroy and/or limit the operation of any computer software, hardware, or
telecommunication equipment;
i)
disrupting the normal flow of communication,
or otherwise acting in any manner that would negatively affect other users'
ability to participate in any real time interactions;
j)
interfering with or disrupting any True North Financial Ministries Services, servers and/or
networks that may be connected or related to our website, including, but not
limited to, the use of any device software and/or routine to bypass the robot
exclusion headers;
k)
intentionally or unintentionally violating
any local, state, federal, national or international law, including, but not
limited to, rules, guidelines, and/or regulations decreed by the U.S.
Securities and Exchange Commission, in addition to any rules of any nation or
other securities exchange, that would include without limitation, the New York
Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations
having the force of law;
l)
providing informational support or resources,
concealing and/or disguising the character, location, and or source to any
organization delegated by the United States government as a "foreign
terrorist organization" in accordance to Section 219 of the Immigration
Nationality Act;
m)
"stalking" or with the intent to
otherwise harass another individual; and/or
n)
collecting or storing of any personal data
relating to any other member or user in connection with the prohibited conduct
and/or activities which have been set forth in the aforementioned paragraphs.
True North Financial Ministries herein reserves the right to pre-screen, refuse and/or delete any
content currently available through our Services. In addition, we reserve the
right to remove and/or delete any such content that would violate the TOS or which would otherwise
be considered offensive to other visitors, users and/or members.
True North Financial Ministries herein reserves the right to access, preserve and/or disclose member
account information and/or content if it is requested to do so by law or in
good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation
of the rights of any third party;
d) responding to requests for customer service; or
e)
protecting the rights, property or the
personal safety of True North Financial Ministries,
its visitors, users and members, including the general public.
True North Financial Ministries herein reserves the right to include the use of security components
that may permit digital information or material to be protected, and that such
use of information and/or material is subject to usage guidelines and
regulations established by True North Financial
Ministries or any other content providers supplying content services to True North Financial Ministries. You are hereby
prohibited from making any attempt to override or circumvent any of the embedded
usage rules in our Services. Furthermore, unauthorized reproduction,
publication, distribution, or exhibition of any information or materials
supplied by our Services, despite whether done so in whole or in part, is
expressly prohibited.
CAUTIONS FOR
GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet,
through the use of our network you hereby agree to comply with all local rules
relating to online conduct and that which is considered acceptable Content.
Uploading, posting and/or transferring of software, technology and other
technical data may be subject to the export and import laws of the United
States and possibly other countries. Through the use of our network, you thus
agree to comply with all applicable export and import laws, statutes and
regulations, including, but not limited to, the Export Administration
Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a)
are not on the list of prohibited individuals
which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an
export-prohibited country identified in applicable export and import laws and
regulations;
b)
agree not to transfer any software,
technology or any other technical data through the use of our network Services
to any export-prohibited country;
c)
agree not to use our website network Services
for any military, nuclear, missile, chemical or biological weaponry end uses
that would be a violation of the U.S. export laws; and
d)
agree not to post, transfer nor upload any
software, technology or any other technical data which would be in violation of
the U.S. or other applicable export and/or import laws.
CONTENT PLACED
OR MADE AVAILABLE FOR COMPANY SERVICES
True North Financial Ministries shall not lay claim to ownership of any content submitted by any
visitor, member,
or user, nor make such content
available for inclusion on our website Services. Therefore, you hereby grant
and allow for True North Financial Ministries the
below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a)
The content submitted or made available for
inclusion on the publicly accessible areas of True North
Financial Ministries's sites, the license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform and/or publicly display
said Content on our network Services is for the sole purpose of providing and
promoting the specific area to which this content was placed and/or made
available for viewing. This license shall be available so long as you are a
member of True North Financial Ministries's sites,
and shall terminate at such time when you elect to discontinue your membership.
b)
Photos, audio, video and/or graphics
submitted or made available for inclusion on the publicly accessible areas of True North Financial Ministries's sites, the license
provided to permit to use, distribute, reproduce, modify, adapt, publicly
perform and/or publicly display said Content on our network Services are for
the sole purpose of providing and promoting the specific area in which this
content was placed and/or made available for viewing. This license shall be
available so long as you are a member of True North
Financial Ministries's sites and shall terminate at such time when you
elect to discontinue your membership.
c)
For any other content submitted or made
available for inclusion on the publicly accessible areas of True North Financial Ministries's sites, the continuous,
binding and completely sub-licensable license which is meant to permit to use,
distribute, reproduce, modify, adapt, publish, translate, publicly perform
and/or publicly display said content, whether in whole or in part, and the
incorporation of any such Content into other works in any arrangement or medium
current used or later developed.
Those areas which may be deemed
"publicly accessible" areas of True North
Financial Ministries's sites are those such areas of our network
properties which are meant to be available to the general public, and which
would include message boards and groups that are openly available to both users and members.
CONTRIBUTIONS TO COMPANY WEBSITE
True North Financial Ministries provides an area for our users and members to contribute feedback to
our website. When you submit ideas, documents, suggestions and/or proposals
("Contributions") to our site, you acknowledge and agree that:
a)
your contributions do not contain any type of
confidential or proprietary information;
b)
Koach Financial shall not be liable or under any obligation to ensure or maintain
confidentiality, expressed or implied, related to any Contributions;
c)
Koach Financial shall be entitled to make use of and/or disclose any such Contributions
in any such manner as they may see fit;
d)
the contributor's Contributions shall
automatically become the sole property of Koach Financial;
and
e)
Koach Financial is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.
INDEMNITY
All users and/or members herein agree to insure and hold True North
Financial Ministries, our subsidiaries, affiliates, agents, employees,
officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not
limited to, reasonable attorney fees made by any third party which may arise
from any content a member or user of our site may submit, post, modify, transmit or otherwise make
available through our Services, the use of
Koach Financial Services or your connection
with these Services, your violations of the Terms of Service and/or your
violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell,
resell nor exploit for any commercial reason any part, use of, or access to Koach Financial's sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that True North Financial Ministries may set up any such
practices and/or limits regarding the use of our Services, without limitation
of the maximum number of days that any email, message posting or any other
uploaded content shall be retained by True North
Financial Ministries, nor the maximum number of email messages that may
be sent and/or received by any member, the maximum volume or size of any email
message that may be sent from or may be received by an account on our Service,
the maximum disk space allowable that shall be allocated on True North Financial Ministries's servers on the
member's behalf, and/or the maximum number of times and/or duration that any
member may access our Services in a given period of time. In addition, you also agree that True North Financial Ministries has absolutely no
responsibility or liability for the removal or failure to maintain storage of
any messages and/or other communications or content maintained or transmitted
by our Services. You also herein acknowledge that we reserve the right to
delete or remove any account that is no longer active for an extended period of
time. Furthermore, True North Financial Ministries
shall reserve the right to modify, alter and/or update these general practices
and limits at our discretion.
MODIFICATIONS
True North Financial Ministries shall reserve the right at any time it may deem fit, to modify, alter
and or discontinue, whether temporarily or permanently, our service, or any
part thereof, with or without prior notice. In addition, we shall not be held
liable to you or to any third party for any such alteration, modification,
suspension and/or discontinuance of our Services, or any part thereof.
TERMINATION
As a member of www.getkoached.org, you may
cancel or terminate your account, associated email address and/or access to our
Services by submitting a cancellation or termination request to hello@getkoached.org.
As a member, you agree that True North Financial Ministries may, without any prior
written notice, immediately suspend, terminate, discontinue and/or limit your
account, any email associated with your account, and access to any of our
Services. The cause for such termination, discontinuance, suspension and/or
limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement,
regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental
agencies;
c) the discontinuance, alteration and/or material modification to our Services,
or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g)
the nonpayment of any associated fees that
may be owed by you in connection with your www.getkoached.org account Services.
Furthermore, you herein agree that any and
all terminations, suspensions, discontinuances, and or limitations of access
for cause shall be made at our sole discretion and that we shall not be liable
to you or any other third party with regards to the termination of your
account, associated email address and/or access to any of our Services.
The termination of your account with
www.getkoached.org shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within
www.getkoached.org;
b) the deletion of your password and any and all related information,
files, and any such content that may be associated with or inside your account,
or any part thereof; and
c) the barring of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings with,
or the participation in any promotions of, advertisers located on or through
our Services, which may include the payment and/or delivery of such related
goods and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely between
you and any such advertiser. Moreover, you herein agree that True North Financial Ministries shall not be held
responsible or liable for any loss or damage of any nature or manner incurred
as a direct result of any such dealings or as a result of the presence of such
advertisers on our website.
LINKS
Either True North
Financial Ministries or any third parties may provide links to other
websites and/or resources. Thus, you acknowledge and agree that we are not
responsible for the availability of any such external sites or resources, and
as such, we do not endorse nor are we responsible or liable for any content,
products, advertising or any other materials, on or available from such third
party sites or resources. Furthermore, you acknowledge and agree that True North Financial Ministries shall not be responsible
or liable, directly or indirectly, for any such damage or loss which may be a
result of, caused or allegedly to be caused by or in connection with the use of
or the reliance on any such content, goods or Services made available on or
through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that True North Financial Ministries's Services and any
essential software that may be used in connection with our Services
("Software") shall contain proprietary and confidential material that
is protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content which may be
contained in any advertisements or information presented by and through our
Services or by advertisers is protected by copyrights, trademarks, patents or
other proprietary rights and laws. Therefore, except for that which is
expressly permitted by applicable law or as authorized by True North Financial Ministries or such applicable
licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute,
transmit, broadcast, publicly perform and/or created any plagiaristic works
which are based on True North Financial Ministries
Services (e.g. Content or Software), in whole or part.
True North Financial Ministries herein has granted you personal, non-transferable and non-exclusive
rights and/or license to make use of the object code or our Software on a
single computer, as long as you do not, and shall not, allow any third party to
duplicate, alter, modify, create or plagiarize work from, reverse engineer,
reverse assemble or otherwise make an attempt to locate or discern any source
code, sell, assign, sublicense, grant a security interest in and/or otherwise
transfer any such right in the Software. Furthermore, you do herein agree not
to alter or change the Software in any manner, nature or form, and as such, not
to use any modified versions of the Software, including and without limitation,
for the purpose of obtaining unauthorized access to our Services. Lastly, you
also agree not to access or attempt to access our Services through any means
other than through the interface which is provided by True
North Financial Ministries for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE
THAT:
a)
THE USE OF TRUE NORTH
FINANCIAL MINISTRIES SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU.
OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR
"AS AVAILABLE" BASIS. TRUE NORTH FINANCIAL
MINISTRIES AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY
KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b)
TRUE NORTH FINANCIAL MINISTRIES AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS MAKE NO SUCH WARRANTIES THAT (i) TRUE NORTH
FINANCIAL MINISTRIES SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS;
(ii) TRUE NORTH FINANCIAL MINISTRIES SERVICES OR
SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH
RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE TRUE
NORTH FINANCIAL MINISTRIES SERVICES OR SOFTWARE WILL BE ACCURATE OR
RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER
MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR
SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN
THE SOFTWARE SHALL BE CORRECTED.
c)
ANY INFORMATION OR MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED BY WAY OF TRUE NORTH FINANCIAL
MINISTRIES SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE
DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND
HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE
TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR
ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR
MATERIAL.
d)
NO ADVICE AND/OR INFORMATION, DESPITE WHETHER
WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM TRUE
NORTH FINANCIAL MINISTRIES OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e)
A SMALL PERCENTAGE OF SOME USERS MAY
EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT
PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN
CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF
ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR
FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU
EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND
AGREE THAT TRUE NORTH FINANCIAL MINISTRIES AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES
WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR
OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY
THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a)
THE USE OR INABILITY TO USE OUR SERVICE;
b)
THE COST OF PROCURING SUBSTITUTE GOODS AND
SERVICES;
c)
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF
YOUR TRANSMISSIONS AND/OR DATA;
d)
STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY
ON OUR SERVICE;
e)
AND ANY OTHER MATTER WHICH MAY BE RELATED TO
OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to
release True North Financial Ministries (and its
officers, directors, employees, agents, parent subsidiaries, affiliates,
co-branders, partners and any other third parties) from claims, demands and
damages (actual and consequential) of every kind and nature, known and unknown,
suspected or unsuspected, disclosed and undisclosed, arising out of or in any
way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any
service, receive or request any such news, messages, alerts or other information
from our Services concerning companies, stock quotes, investments or
securities, please review the above Sections Warranty Disclaimers and
Limitations of Liability again. In addition, for this particular type of
information, the phrase "Let the investor beware" is appropriate. True North Financial Ministries's content is provided
primarily for informational purposes, and no content that shall be provided or
included in our Services is intended for trading or investing purposes. True North Financial Ministries and our licensors shall
not be responsible or liable for the accuracy, usefulness or availability of
any information transmitted and/or made available by way of our Services, and
shall not be responsible or liable for any trading and/or investment decisions
based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY
NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree,
unless otherwise expressly provided in this TOS, that there shall be no
third-party beneficiaries to this agreement.
NOTICE
True North Financial Ministries may furnish you with notices, including those with regards to any
changes to the TOS, including but not limited to email, regular mail, MMS or
SMS, text messaging, postings on our website Services, or other reasonable
means currently known or any which may be herein after developed. Any such
notices may not be received if you violate any aspects of the TOS by accessing
our Services in an unauthorized manner. Your acceptance of this TOS constitutes
your agreement that you are deemed to have received any and all notices that
would have been delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree
that all of the True North Financial Ministries
trademarks, copyright, trade name, service marks, and other True North Financial Ministries logos and any brand
features, and/or product and service names are trademarks and as such, are and
shall remain the property of True North Financial
Ministries. You herein agree not to display and/or use in any manner the
True North Financial Ministries logo or marks
without obtaining True North Financial Ministries's
prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
True North Financial Ministries will always respect the intellectual property of others, and we ask
that all of our users do the same. With regards to appropriate circumstances
and at its sole discretion, True North Financial
Ministries may disable and/or terminate the accounts of any user who
violates our TOS and/or infringes the rights of others. If you feel that your
work has been duplicated in such a way that would constitute copyright
infringement, or if you believe your intellectual property rights have been
otherwise violated, you should provide to us the following information:
a)
The electronic or the physical signature of
the individual that is authorized on behalf of the owner of the copyright or
other intellectual property interest;
b)
A description of the copyrighted work or
other intellectual property that you believe has been infringed upon;
c)
A description of the location of the site
which you allege has been infringing upon your work;
d)
Your physical address, telephone number, and
email address;
e)
A statement, in which you state that the
alleged and disputed use of your work is not authorized by the copyright owner,
its agents or the law;
f)
And finally, a statement, made under penalty
of perjury, that the aforementioned information in your notice is truthful and
accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual
property owner's behalf.
The True North
Financial Ministries Agent for notice of claims of copyright or other
intellectual property infringement can be contacted as follows:
Mailing Address:
True North Financial Ministries
Attn: Copyright Agent
1311 Tijeras Avenue Northwest
Albuquerque, New Mexico 87102
Telephone:
CLOSED CAPTIONING
BE IT KNOWN, that True
North Financial Ministries complies with all applicable Federal Communications
Commission rules and regulations regarding the closed captioning of video
content. For more information, please visit our website at www.getkoached.org.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement
between you and True North Financial Ministries
and shall govern the use of our Services, superseding any prior version of this
TOS between you and us with respect to True North
Financial Ministries Services. You may also be subject to additional
terms and conditions that may apply when you use or purchase certain other True North Financial Ministries Services, affiliate
Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and
True North Financial Ministries with regard to the
TOS that the relationship between the parties shall be governed by the laws of
the state of New Mexico without regard to its
conflict of law provisions and that any and all claims,
causes of action and/or disputes, arising out of or relating to the TOS, or
the relationship between you and True North Financial
Ministries, shall be filed within the courts having jurisdiction within
the County of Bernalillo, New
Mexico or the U.S. District Court located in said state. You and True North Financial Ministries agree to submit to the
jurisdiction of the courts as previously mentioned, and agree to waive any and
all objections to the exercise of jurisdiction over the parties by such courts
and to venue in such courts.
WAIVER AND SEVERABILITY OF
TERMS
At any time, should True
North Financial Ministries fail to exercise or enforce any right or
provision of the TOS, such failure shall not constitute a waiver of such right
or provision. If any provision of this TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP
NON-TRANSFERABILITY
You acknowledge, understand and agree that
your account is non-transferable and any rights to your ID and/or contents
within your account shall terminate upon your death. Upon receipt of a copy of
a death certificate, your account may be terminated and all contents therein
permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that
regardless of any statute or law to the contrary, any claim or action arising
out of or related to the use of our Services or the TOS must be filed within 7 year(s) after said claim or cause of action arose
or shall be forever barred.
VIOLATIONS
Please report any and all violations of this
TOS to True North Financial Ministries as follows:
Mailing Address:
True North Financial Ministries
1311 Tijeras Avenue Northwest
Albuquerque, New Mexico 87102
Telephone:
Email: hello@gekoached.org