Welcome to our Web site. By using our site, you are agreeing to comply with and
be bound by the following terms of use. Please review the following terms
carefully. If you do not agree to these terms, you should not use this site. The
term "Sound Enterprises" or "The Word Of Promise" or "us" or "we" or "our"
refers to Sound Enterprises, Inc., the owner of the Web site. The term "you"
refers to the user or viewer of our Web Site.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in
this Terms of Use Agreement ("Agreement") with respect to our site (the "Site").
This Agreement constitutes the entire and only agreement between us and you, and
supersedes all prior or contemporaneous agreements, representations, warranties
and understandings with respect to the Site, the content, products or services
provided by or through the Site, and the subject matter of this Agreement. This
Agreement may be amended at any time by us from time to time without specific
notice to you. The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
2. Copyright. The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site are
protected under applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any part of the
Site, except as allowed by Section 4 below, is strictly prohibited. You do not
acquire ownership rights to any content, document or other materials viewed
through the Site. The posting of information or materials on the Site does not
constitute a waiver of any right in such information and materials. Some of the
content on the site is the copyrighted work of third parties.
3. Service Marks. "TheWordofPromise.com" and others are our service marks or
registered service marks or trademarks. Other product and company names
mentioned on the Site may be trademarks of their respective owners.
4. Limited License; Permitted Uses. You are granted a non-exclusive,
non-transferable, revocable license (a) to access and use the Site strictly in
accordance with this Agreement; (b) to use the Site solely for internal,
personal, non-commercial purposes; and (c) to print out discrete information
from the Site solely for internal, personal, non-commercial purposes and
provided that you maintain all copyright and other policies contained therein.
No print out or electronic version of any part of the Site or its contents may
be used by you in any litigation or arbitration matter whatsoever under any
circumstances.
5. Restrictions and Prohibitions on Use. Your license for access and use of the
Site and any information, materials or documents (collectively defined as
"Content and Materials") therein are subject to the following restrictions and
prohibitions on use: You may not (a) copy, print (except for the express limited
purpose permitted by Section 4 above), republish, display, distribute, transmit,
sell, rent, lease, loan or otherwise make available in any form or by any means
all or any portion of the Site or any Content and Materials retrieved therefrom;
(b) use the Site or any materials obtained from the Site to develop, of as a
component of, any information, storage and retrieval system, database,
information base, or similar resource (in any media now existing or hereafter
developed), that is offered for commercial distribution of any kind, including
through sale, license, lease, rental, subscription, or any other commercial
distribution mechanism; (c) create compilations or derivative works of any
Content and Materials from the Site; (d) use any Content and Materials from the
Site in any manner that may infringe any copyright, intellectual property right,
proprietary right, or property right of us or any third parties; (e) remove,
change or obscure any copyright notice or other proprietary notice or terms of
use contained in the Site; (f) make any portion of the Site available through
any timesharing system, service bureau, the Internet or any other technology now
existing or developed in the future; (g) remove, decompile, disassemble or
reverse engineer any Site software or use any network monitoring or discovery
software to determine the Site architecture; (h) use any automatic or manual
process to harvest information from the Site; (i) use the Site for the purpose
of gathering information for or transmitting (1) unsolicited commercial email;
(2) email that makes use of headers, invalid or nonexistent domain names, or
other means of deceptive addressing; and (3) unsolicited telephone calls or
facsimile transmissions; (j) use the Site in a manner that violates any state or
federal law regulating email, facsimile transmissions or telephone
solicitations; and (k) export or re-export the Site or any portion thereof, or
any software available on or through the Site, in violation of the export
control laws or regulations of the United States.
6. Forms, Agreements & Documents We may make available through the Site or
through other Web sites sample and actual forms, checklists, business documents
and legal documents (collectively, "Documents"). All Documents are provided on a
non-exclusive license basis only for your personal one-time use for
non-commercial purposes, without any right to re-license, sublicense,
distribute, assign or transfer such license. Documents are provided for a charge
and without any representations or warranties, express or implied, as to their
suitability, legal effect, completeness, currentness, accuracy, and/or
appropriateness. THE DOCUMENTS ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITH
"ALL FAULTS", AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. The Documents may be inappropriate for your particular
circumstances. Furthermore, state laws may require different or additional
provisions to ensure the desired result. You should consult with legal counsel
to determine the appropriate legal or business documents necessary for your
particular transactions, as the Documents are only samples and may not be
applicable to a particular situation. Some Documents are public domain forms or
available from public records.
7. No Legal Advice or Attorney-Client Relationship. Information contained on or
made available through the Site is not intended to and does not constitute legal
advice, recommendations, mediation or counseling under any circumstance and no
attorney-client relationship is formed. We do not warrant or guarantee the
accurateness, completeness, adequacy or currency of the information contained in
or linked to the Site. Your use of information on the Site or materials linked
to the Site is entirely at your own risk. We are not a law firm and the Site is
not a lawyer referral service.
8. Linking to the Site. You may provide links to the Site, provided (a) that
you do not remove or obscure, by framing or otherwise, advertisements, the
copyright notice, or other notices on the Site, (b) your site does not engage in
illegal or pornographic activities, and (c) you discontinue providing links to
the Site immediately upon request by us.
9. Advertisers. The Site may contain advertising and sponsorships. Advertisers
and sponsors are responsible for ensuring that material submitted for inclusion
on the Site is accurate and complies with applicable laws. We are not
responsible for the illegality or any error, inaccuracy or problem in the
advertiser's or sponsor's materials.
10. Registration. Certain sections of, or offerings from, the Site may require
you to register. If registration is requested, you agree to provide us with
accurate, complete registration information. Your registration must be done
using your real name and accurate information. Each registration is for your
personal use only and not on behalf of any other person or entity. We do not
permit (a) any other person using the registered sections under your name; or
(b) access through a single name being made available to multiple users on a
network. You are responsible for preventing such unauthorized use.
11. Errors, Corrections and Changes. We do not represent or warrant that the
Site will be error-free, free of viruses or other harmful components, or that
defects will be corrected. We do not represent or warrant that the information
available on or through the Site will be correct, accurate, timely or otherwise
reliable. We may make changes to the features, functionality or content of the
Site at any time. We reserve the right in our sole discretion to edit or delete
any documents, information or other content appearing on the Site.
12. Third Party Content. Third party content may appear on the Site or may be
accessible via links from the Site. We are not responsible for and assume no
liability for any mistakes, misstatements of law, defamation, omissions,
falsehood, obscenity, pornography or profanity in the statements, opinions,
representations or any other form of content on the Site. You understand that
the information and opinions in the third party content represent solely the
thoughts of the author and is neither endorsed by nor does it necessarily
reflect our belief.
13. Unlawful Activity. We reserve the right to investigate complaints or
reported violations of this Agreement and to take any action we deem
appropriate, including but not limited to reporting any suspected unlawful
activity to law enforcement officials, regulators, or other third parties and
disclosing any information necessary or appropriate to such persons or entities
relating to your profile, email addresses, usage history, posted materials, IP
addresses and traffic information.
14. Indemnification. You agree to indemnify, defend and hold us and our
partners, agents, officers, directors, employees, subcontractors, successors,
assigns, third party suppliers of information and documents, attorneys,
advertisers, product and service providers, and affiliates (collectively,
"Affiliated Parties") harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to your violation of this
Agreement or use of the Site.
15. Nontransferable. Your right to use the Site is not transferable or
assignable. Any password or right given to you to obtain information or
documents is not transferable or assignable.
16. Disclaimer. THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE
ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER
OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR
OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b).
IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES
ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE
AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED
WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED. 17.
Limitation of Liability (a) We and any Affiliated Party shall not be liable for
any loss, injury, claim, liability, or damage of any kind resulting in any way
from (a) any errors in or omissions from the Site or any services or products
obtainable therefrom, (b) the unavailability or interruption of the Site or any
features thereof, (c) your use of the Site, (d) the content contained on the
Site, or (e) any delay or failure in performance beyond the control of a Covered
Party. (b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN
CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE
PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL
NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU
MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
18. Use of Information. We reserve the right, and you authorize us, to the use
and assignment of all information regarding Site uses by you and all information
provided by you in any manner consistent with our Privacy Policy. All remarks,
suggestions, ideas, graphics, or other information communicated by you to us
(collectively, a "Submission") will forever be our property. We will not be
required to treat any Submission as confidential, and will not be liable for any
ideas (including without limitation, product, service or advertising ideas) and
will not incur any liability as a result of any similarities that may appear in
our future products, services or operations. Without limitation, we will have
exclusive ownership of all present and future existing rights to the Submission
of every kind and nature everywhere. We will be entitled to use the Submission
for any commercial or other purpose whatsoever, without compensation to you or
any other person sending the Submission. You acknowledge that you are
responsible for whatever material you submit, and you, not us, have full
responsibility for the message, including its legality, reliability,
appropriateness, originality, and copyright.
19. Third-Party Services. We may allow access to or advertise certain
third-party product or service providers ("Merchants") from which you may
purchase certain goods or services. You understand that we do not operate or
control the products or services offered by Merchants. Merchants are responsible
for all aspects of order processing, fulfillment, billing and customer service.
We are not a party to the transactions entered into between you and Merchants.
You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND
IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE
INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR
NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING
FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING
ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
20. Third-Party Merchant Policies. All rules, policies (including privacy
policies) and operating procedures of Merchants will apply to you while on any
Merchant sites. We are not responsible for information provided by you to
Merchants. We and the Merchants are independent contractors and neither party
has authority to make any representations or commitments on behalf of the other.
21. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a
part of this Agreement. You must review this Privacy Policy by clicking on this
link:
Privacy Policy
22. Payments. You represent and warrant that if you are purchasing something
from us or from Merchants that (i) any credit information you supply is true and
complete, (ii) charges incurred by you will be honored by your credit card
company, and (iii) you will pay the charges incurred by you at the posted
prices, including any applicable taxes.
23. Securities Laws. The Site may include statements concerning our operations,
prospects, strategies, financial condition, future economic performance and
demand for our products or services, as well as our intentions, plans and
objectives (particularly with respect to product and service offerings), that
are forward-looking statements. These statements are based upon a number of
assumptions and estimates which are subject to significant uncertainties, many
of which are beyond our control. When used on our Site, words like
"anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends,"
"will" and similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe harbors for
forward-looking statements. The Site and the information contained herein does
not constitute an offer or a solicitation of an offer for sale of any
securities. None of the information contained herein is intended to be, and
shall not be deemed to be, incorporated into any of our securities-related
filings or documents.
24. Links to other Web Sites. The Site contains links to other Web sites. We are
not responsible for the content, accuracy or opinions express in such Web sites,
and such Web sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site does not imply
approval or endorsement of the linked Web site by us. If you decide to leave our
Site and access these third-party sites, you do so at your own risk.
25. Copyrights and Copyright Agents. We respect the intellectual property of
others, and we ask you to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement, please provide our
Copyright Agent the following information: a. An electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest; b. A description of the copyrighted work that you claim has
been infringed; c. A description of where the material that you claim is
infringing is located on the Site; d. Your address, telephone number, and email
address; e. A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law;
and f. A statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf. Our Copyright Agent for
Notice of claims of copyright infringement on the Site can be reached by
directing an e-mail to the Copyright Agent at
info@TheWordofPromise.com
26. Information and Press Releases. The Site contains information and press
releases about us. We disclaim any duty or obligation to update this information
or any press releases. Information about companies other than ours contained in
the press release or otherwise, should not be relied upon as being provided or
endorsed by us.
27. Legal Compliance. You agree to comply with all applicable domestic and
international laws, statutes, ordinances and regulations regarding your use of
the Site and the Content and Materials provided therein.
28. Refund and Return Policy. To the extent that you purchase any goods or
services directly from us, we will refund you your purchase price within 30 days
of you notifying us in writing of your desire for the refund, together with the
reason for the request, with the product or service returned to us in
substantially the same condition as when purchased. Please note , however, that
certain products and services mentioned on our site are sold by third parties or
are linked to third party Web sites, and we have no responsibility or liability
for those products or services. You may request a refund by contacting us by
email at info@thewordofpromise.com. You may obtain any additional information
concerning our refund and return policy, including our mailing address, by
contacting us at
info@thewordofpromise.com.
29. Miscellaneous. This Agreement shall be treated as though it were executed
and performed in San Francisco, California, and shall be governed by and
construed in accordance with the laws of the State of California (without regard
to conflict of law principles). Any cause of action by you with respect to the
Site (and/or any information, Documents, products or services related thereto)
must be instituted within one (1) year after the cause of action arose or be
forever waived and barred. All actions shall be subject to the limitations set
forth in Section 16 and Section 17. The language in this Agreement shall be
interpreted as to its fair meaning and not strictly for or against any party.
This Agreement and all incorporated agreements and your information may be
automatically assigned by us in our sole discretion to a third party in the
event of an acquisition, sale or merger. Should any part of this Agreement be
held invalid or unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full force and effect.
To the extent that anything in or associated with the Site is in conflict or
inconsistent with this Agreement, this Agreement shall take precedence. Our
failure to enforce any provision of this Agreement shall not be deemed a waiver
of such provision nor of the right to enforce such provision. Our rights under
this Agreement shall survive any termination of this Agreement.
30. Arbitration. Any legal controversy or legal claim arising out of or relating
to this Agreement or our services, excluding legal action taken by us to collect
or recover damages for, or obtain any injunction relating to, Site operations,
intellectual property, and our services, shall be settled solely by binding
arbitration in accordance with the commercial arbitration rules of JAMS. Any
such controversy or claim shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim or controversy of any
other party. The arbitration shall be conducted in San Francisco, California,
and judgment on the arbitration award may be entered into any court having
jurisdiction thereof. Either you or us may seek any interim or preliminary
relief from a court of competent jurisdiction in San Francisco, California
necessary to protect the rights or property of you and us pending the completion
of arbitration. Each party shall bear one-half of the arbitration fees and costs
incurred through JAMS.