LifeWay Christian Resources myBibleStudy.com Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS USE OF THE SERVICE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT ORDER SERVICES.

This Agreement constitutes a legally binding agreement between LifeWay Christian Resources, doing business as myBibleStudy.com. (hereinafter referred to as "myBibleStudy.com"), and the subscriber (hereinafter referred to as "User") who agree as follows:

1. Purpose of Site. myBibleStudy.com is an Internet-based preparation and teaching tool for Bible study groups. Users are provided resources to set lesson schedules, locate and view study plans, and modify existing content for use in a study plan (the schedules, plans, and related data are hereafter referred to as "Plans"). myBibleStudy.com's services (hereafter referred to as "Services") include, but are not limited to: maintaining a library of resources, the storage of User's Plans, and sending approved correspondence to Users or third parties. myBibleStudy.com may provide any other services, as necessary, to achieve the purpose of the myBibleStudy.com Service.

2. Security and Integrity User's Plan. myBibleStudy.com attempts to ensure the integrity and security of User's Plan, including the use of automated daily system backups, secure servers, and restricted access to back office systems. However, such procedures cannot guarantee complete security and integrity of Plans. Therefore, myBibleStudy.com makes no guarantee and assumes no liability for the security of any Plan on any server including "secure servers." myBibleStudy.com shall not be liable for the loss, or modification, of any User content due to any breach of security. myBibleStudy.com's backup systems are reserved for myBibleStudy.com's use and are not available to User for the purposes of requesting Plans when such missing or defective Plans are the results of circumstances not related to myBibleStudy.com's system failures or breach of security.

4. Subscription Options. a. Users have three subscription options. If User pays for a year or longer, User will receive a 10% (ten percent) discount off the monthly subscription amount. With a yearly subscription, User will be billed the full amount of the yearly subscription on the Effective Date. If User chooses to pay quarterly, User will receive a 5% (five percent) discount off the monthly subscription amount. With a quarterly subscription, User will be billed the full amount of the quarterly subscription on the Effective Date. If User chooses to pay monthly, User will be billed on the Effective Date. Subsequent monthly payments will be billed on the 1st day of every month. If User subscription becomes delinquent past 30 days, myBibleStudy.com reserves the right to suspend Service. If User subscription becomes delinquent past 60 days, the balance of the subscription becomes due and payable immediately and myBibleStudy.com reserves the right to terminate the Service. Termination for non-payment will not entitle User to a refund or a reduction in the amount due for the balance of the subscription. We will collect any delinquent balances, and handling of this collection will be turned over to a collection agency if necessary. If the Service is terminated and User wishes to re-establish Service, User must pay all delinquent balances in full. b. Payment for the Services is non-refundable notwithstanding early termination of the Services for any reason. c. myBibleStudy.com reserves the right to increase or decrease prices for its Services upon the expiration of the User's contracted term. Price increases or decreases for any or all Services shall be posted on myBibleStudy.com's web site 30 days prior to taking effect. myBibleStudy.com agrees to submit written notice to the primary email address on record for the User at least 30 days prior to any price increases taking effect. Price changes shall automatically reflect on User's next billing cycle. This Agreement will automatically renew on a monthly basis at the monthly rate, on a quarterly basis at the quarterly rate, or on an annual basis at the annual rate in effect at the time of the renewal unless canceled in writing or modified in writing by the User prior to the renewal date. User will receive an invoice for charges and payment is due upon receipt, unless otherwise stated. It is our policy to bill our clients according to the billing cycle selected by the User, and in the absence of any agreement or arrangement to the contrary, we expect to be paid when the electronic request is submitted. Our statements will be itemized as to each general activity.

5. User's Content. myBibleStudy.com does not actively monitor the User's content nor does myBibleStudy.com exercise any editorial control over the content that the User creates or edits in myBibleStudy.com's Service. However, myBibleStudy.com reserves the right to remove any and/or all of the User's content from myBibleStudy.com's Service that are, in myBibleStudy.com's discretion, potentially illegal, a violation of Trademark and/or Copyright, or may subject myBibleStudy.com to liability, or violate the acceptable use policy stated below in this Agreement. Upon removal of the content, myBibleStudy.com may, but is not required to, notify User of the removal of the content, as well as the reason for removal. In no instance shall myBibleStudy.com be liable for the removal of the content.

6. Limitations on User. User agrees to be bound by, and agrees that the Service is subject to, the following limitations: a. User shall not post, submit, e-mail, include or modify content, or Internet links to such content, on or to the Service that contain, promote or involve any of the following: i. any infringement or misappropriation of any copyright, trademark, patent, trade secret or other intellectual property right, or any violation of the rights of any third party, including without limitation privacy rights and proprietary rights; ii. content that User does not have a right to transmit under any law or under contractual or fiduciary relationship (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); iii. profanity, obscenity, nudity or pornography; iv. content that exploits or harms in any way children under 18 years of age; v. hate propaganda; vi. unlawful, libelous, defamatory, scandalous or inflammatory content; vii. racist, threatening, or otherwise abusive content; viii. any content that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. ix. mail fraud, multi-level marketing (pyramid) schemes or any other fraudulent activities; x. content promoted through the sending of unsolicited e-mail (also known as spamming); xi. warez, cracks, hacks, spam software & their associated utilities; xii. information or other content that contains a virus, worm, time bomb, corrupted data or file or any other software or program that may damage the operation of the myBibleStudy.com server or another computer; xiii. requests for information from visitors that would constitute a violation of any applicable federal, state, or local statute, regulation or ordinance, including without limitation, the Children's Online Privacy Protection Act of 1998. xiv. storage of log files or content on the Site. b. User agrees not to use the Service to: i. impersonate or otherwise misrepresent User's affiliation with any other person or entity; ii. falsify or delete any attributions, legends, or other proprietary designations of origin or source of anything contained in a Plan that is stored on the myBibleStudy.com server; iii. conduct, display or forward contests or chain letters; iv. interfere with or disrupt the Service or servers of networks connected to the Service; v. attempt to gain unauthorized access to the Service, other's subscriptions on the servers of networks connected to the Service, other's content not shared, or computer systems or networks connected to the Service, through password mining or any other means; vi. stalk or harass another individual; or vii. violate any applicable local, state, federal or international law or regulation. c. User agrees that myBibleStudy.com is not responsible for content on pages stored on User Plans and acknowledges that myBibleStudy.com does not endorse or verify any such content. d. User agrees to assume full responsibility for all content associated with User's Plan that is not provided by the Service and acknowledges that User may be held legally responsible for such content. e. A confidential user name and password will be assigned for the User or by the User that will be required for establishing and maintaining the Service. User agrees to protect this information in confidence. User agrees to sign out and close the Internet browser window following Service setup and all edits. User agrees to promptly notify myBibleStudy.com of any loss or theft of User's password or any unauthorized access to the Service.

7. Notice to Officials. If myBibleStudy.com determines that law enforcement officials should be notified regarding potentially illegal content edited or added to the Service by the User, User agrees that myBibleStudy.com may provide copies of User's content to the appropriate officials without notice to User. myBibleStudy.com will cooperate with all law enforcement efforts to disclose the identity of or locate persons who have posted content that is illegal or promotes illegal conduct.

8. Policies and Guidelines. User agrees to abide by all requirements, procedures, regulations, policies or guidelines, together with any amendments thereto, set out, from time to time, by myBibleStudy.com anywhere in this Agreement.

9. Amendments. User agrees to be bound by any amendments to this Agreement that are set out, from time to time, by myBibleStudy.com anywhere in this Agreement.

10. Ownership. a. myBibleStudy.com shall own all right, title and interest in all myBibleStudy.com technology associated with the Service. Should the User choose to cancel the subscription at any time, myBibleStudy.com will continue to own the data, technology, graphics, and images supplied for User's Service. myBibleStudy.com assumes no responsibility for the protection of any data, images or other content added or modified by the User to the Service. User retains ownership, if any, of any content in their Plan that was created or added by User. It is agreed that myBibleStudy.com will own, and User does assign with User's electronic signature, the copyright of the compilation, collective, and/or derivative work created during the preparation of the Bible study teaching tool by User. b. myBibleStudy.com and its associated logos, products and services are the property of LifeWay Christian Resources. User agrees not to display or use in any manner these marks without our prior written permission. Any third-party trademarks appearing in connection with the Service is the property of such thirdparty owner. User may not use any content, images or other items from this Service, except as contemplated in these Terms of Service, without the written permission of myBibleStudy.com.

11. License Grant. myBibleStudy.com grants User a non-transferable, nonexclusive, worldwide right and license to use, execute, display, and perform the Service and modify content through the Service, provided User does not (nor allow any third party to) (i) copy or modify the content available on this site, and/or create a compilation or derivative work using the content except as contemplated in these Terms of Service (ii) copy, modify, create a derivative work of or reverse engineer the basic designs, of any part of the Service, or (iii) sell, assign, sublicense, grant a security interest in or transfer in any way any right to the Service. User agrees not to modify the myBibleStudy.com technology and designs in any form, other than those provided for in the Service. Failure to follow any of the rules of this Agreement will result in a termination of this Agreement.

12. No Representations or Warranties. The Service is offered on an "as is" basis without any representations or warranties of any kind either expressed or implied. For greater certainty and without limitation to the generality of the foregoing: a. myBibleStudy.com makes no representations, warranties or guarantees of any kind whether written or verbal regarding the reliability of the Services offered; b. myBibleStudy.com is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reasons; c. myBibleStudy.com makes no representations, warranties or guarantees with regards to server reliability, speed or consistency; d. myBibleStudy.com makes no representations, warranties or guarantees as to the accurateness or correctness of any content hosted or provided through the Service and is not responsible for any errors or omissions arising from the use of such information; e. myBibleStudy.com may also link to or include on its Web resources, information provided by third-party partners and providers, myBibleStudy.com does not guarantee or warrant the reliability of this information nor does myBibleStudy.com recommend any of these services;

13. Limitation of Liability of myBibleStudy.com. a. myBibleStudy.com is not responsible for any failures, delays, or interruptions in the delivery of any Plans, content or Services contained on the myBibleStudy.com server; or losses or damages arising from the use of the content or Services provided by myBibleStudy.com. b. myBibleStudy.com's liability to User for actual damages for any cause whatsoever, regardless of the form of action, will be limited to a maximum of the fees paid by User to myBibleStudy.com, if any, for the prior billing period. c. IN NO EVENT WILL MYBIBLESTUDY.COM OR ITS OFFICERS, TRUSTEES, AFFILIATES, AGENTS OR LICENSORS (COLLECTIVELY, THE "RELATED PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR DAMAGES TO YOUR COMPUTER HARDWARE, DATA, INFORMATION, CONTENT OR BUSINESS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (1) THE SERVICE; (2) USERS USE OR INABILITY TO USE THE SERVICE, (2) USERS RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICE; (3) ANY GOODS OR SERVICES ADVERTISED IN ANY WAY IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICES OR PRODUCTS PROVIDED TO USER BY MYBIBLESTUDY.COM, WHETHER IN AN ACTION UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF MYBIBLESTUDY.COM OR ANY OF ITS RELATED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. d. Because some states/jurisdictions do not allow the exclusion or limitation or liability for consequential or incidental damages, the above limitation may not apply to User. e. myBibleStudy.com and its Related Parties shall in no way be liable to User or anyone else for any loss or injury resulting from use of the Service. f. In no event shall myBibleStudy.com be liable for any damages, whatsoever, as a result of the notifying any official of potentially illegal content in a Plan, providing copies of User's Plan to the appropriate officials or cooperating with law enforcement efforts to identify or locate persons who have posted content that is illegal or promotes illegal conduct. g. In no event shall myBibleStudy.com be liable for any damages, whatsoever, as a result of the termination of this Agreement for any reason.

14. Indemnity. User agrees to indemnify and hold myBibleStudy.com and its Related Parties harmless from and against, and to reimburse myBibleStudy.com and its Related Parties with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees and costs of investigation) of every nature whatsoever incurred by myBibleStudy.com or its Related Parties by reason of or arising out of or in connection with (i) User's failure to comply with or User's breach of this Agreement; (ii) User's infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any third party; (iii) any content included by the User in the Service; or (iv) User's violation of any applicable law or regulation.

15. Termination. a. This Agreement takes effect on the Effective Date when myBibleStudy.com delivers notification of Service activation to User and will continue until terminated in accordance herewith. b. Either myBibleStudy.com or User may terminate this Agreement at any time upon providing five business days' prior notice to the other party. If the Agreement is terminated by the User there shall be no reimbursement of any fees previously paid and the balance of the subscription becomes due and payable immediately. If the Agreement is terminated by myBibleStudy.com and User has not violated any of the provisions of this Agreement, then User will be refunded a prorated amount of fees which have been pre-paid. If the Agreement is terminated by LifeWay because of a violation of the terms of this Agreement by User, there shall be no reimbursement of any fees previously paid and the balance of the subscription becomes due and payable immediately. c. myBibleStudy.com may terminate this Agreement, discontinue the Service at any time without notice to User in any of the following circumstances: d. User violates any term of this Agreement, any municipal, provincial or federal law or regulation, or any policy or guideline set out, from time to time, by myBibleStudy.com anywhere on this Agreement; e. User engages in conduct or includes content in a Plan that myBibleStudy.com in its sole discretion believes is harmful to other Users, the business of LifeWay Christian Resources, myBibleStudy.com or any third party; f. User disputes the terms of this Agreement or any amendment set out, from time to time, by LifeWay myBibleStudy.com anywhere in this Agreement. g. Following termination of this Agreement, for any reason, User agrees not to use the Service in any manner or for any reason.

16. General. a. Consent to Breach Not Waived. No term or provision of this Agreement is deemed waived and no breach excused, unless the waiver or consent is in writing and signed by the party that is claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether expressed or implied, does not constitute a consent to, waiver of, or excuse for, any other different or subsequent breach. b. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of Tennessee. myBibleStudy.com and User consent and agree that all legal proceedings relating to the subject matter of this Agreement shall be maintained in courts sitting within the State of Tennessee, County of Davidson and further agree that jurisdiction and venue for such proceedings shall lie exclusively with such courts. c. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, all other provisions will nevertheless continue in full force and effect. d. Entire Agreement. This Agreement, together with all policies, guidelines and amendments set out, from time to time, by myBibleStudy.com in this Agreement, constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all previous negotiations, proposals, commitments, writings and understandings of any nature whatsoever, whether oral or written. e. Survival. Any terms and conditions of this Agreement which by their nature extend beyond the term or expiry of this Agreement shall survive the termination or expiry of this Agreement. This includes, without limitation, Article 12 (Ownership), Article 14 (No Representations or Warranties), Article 15 (Limitation of Liability), Article 16 (Indemnity), and this Article 18 (General). f. Headings. The headings and captions used in this Agreement are inserted only as a matter of convenience and for reference and in no way are to be construed as defining, limiting, or describing the scope or intent of this Agreement. g. Remedies Cumulative. Unless otherwise set out in this Agreement, the rights and remedies granted to each party under this Agreement are cumulative and are in addition to each party's rights provided by law or otherwise. Each party may exercise its rights concurrently or separately and the exercise of one remedy is not deemed an exclusive election of that remedy or preclude the exercise of any other remedy. h. Counterparts or Electronic Acceptance. This Agreement may be executed by indicating assent through electronic means or may be executed in counterparts, each of which is deemed to be an original and all of which together are deemed to be one and the same instrument.

17. Privacy. This is a Service of LifeWay Christian Resources. We respect your privacy. We do this by carefully protecting information that you provide to us. A current copy of LifeWay's privacy statement can be found at LifeWay.com.

18. Electronic Signature. It is agreed by User that selecting and clicking "I Agree" when asked "Do you agree to the myBibleStudy.com Terms of Service" will constitute acceptance by User and such action will constitute an electronic signature having the same force and effect as if User had done so with a hand written signature.