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LdsCenter.com Website Use Agreement
This LdsCenter.com Internet Web Site Use Agreement ("Agreement") is between you and One Big Tree LLC
doing business as LdsCenter.com ("LdsCenter.com") with a principal place of business in
Utah County, Utah, United States of America. Use of the LdsCenter.com Internet Web Site
(the "LdsCenter.com Web Site" and Web Site) signifies your agreement to the terms and conditions
of use set forth below in this Agreement:
1.
Use of Web Site Conditioned Upon Agreement.
YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE LdsCenter.com WEB SITE.
(Your failure to read this Agreement will not excuse you from its terms and conditions of use.)
If you do not agree to these terms and conditions of use, you may not access or otherwise use the Web Site.
By using the Web Site, you acknowledge that you have read this Agreement and that you agree to be
contractually bound by it.
2.
Fees. Many of the features on the LdsCenter.com Web Site are free. Some premium services are available
for a fee such as business listings or increasing the disk quota for a group website. If you choose to
purchase a premium feature of service, you agree to pay the associated fee according to the fee schedule currently
posted on the LdsCenter.com Web Site, which fee schedule is incorporated into this Agreement by this reference.
You give LdsCenter.com permission to obtain your credit information from consumer credit reporting
agencies at any time.
3.
Billing Cancellation for Premium Services.
You may cancel billing for premium services at any time using the functionality provided on the Web Site
(i.e. deleting a business listing).
No refund will be granted for unused time. Notification of cancellation other than by using the
appropriate option on the Web Site, including e-mail,must be received prior to 5 p.m. Mountain Time
of the last business day before your next bill date in order to avoid charges for the next renewal period.
Online cancellation must be accomplished before your next bill date in order to avoid being billed.
4.
Returned Checks and Chargebacks.
LdsCenter.com charges $20.00 for every returned check and for every chargeback.
LdsCenter.com reserves the right to send all unresolved returned checks and chargebacks to collections.
5.
Right to Terminate.
LdsCenter.com reserves the right to terminate your membership if you violate any of your obligations
under this Agreement, in which case there will be no refunds issued.
6.
Right to Refuse Service.
LdsCenter.com reserves the right to refuse service to any person at any time.
If LdsCenter.com does refuse service without alleging a breach of this Agreement,
you agree that you are only entitled to a refund of your membership fees in proportion
to the days left in your prepaid membership period
(for this purpose, each month is considered to have 30 days).
7.
Right to Modify the Agreement.
LdsCenter.com reserves the right, at its sole discretion, to change, modify, add, or remove
any portion of this Agreement, in whole or in part, at any time. Notification of changes in
the Agreement will be posted on the LdsCenter.com Web Site.
You agree that your continued use of the Web Site shall constitute acceptance of the revised agreement.
8.
Purpose of the Web Site.
LdsCenter.com provides a service to facilitate interaction between members and friends of
The Church of Jesus Christ of Latter-day Saints ("The Church of Jesus Christ").
You understand that LdsCenter.com is neither affiliated with nor endorsed by The Church of Jesus Christ.
You agree, however, to comport your behavior on the LdsCenter.com Web Site with the standards
of The Church of Jesus Christ.
9.
Right to Modify Web Site.
LdsCenter.com may change, suspend, or discontinue any aspect of the LdsCenter.com Web Site at any time,
including the availability of any Web Site feature, database, or content. LdsCenter.com may also impose
limits on certain features and services or restrict your access to parts or all of the Web Site without
notice or liability.
10.
Monitoring Web Site and Disclosing Information.
You acknowledge that with few exceptions transmissions to and from the LdsCenter.com Web Site are not confidential
and your communications may be read or intercepted by others. You acknowledge that by submitting
communications to LdsCenter.com, no confidential, fiduciary, contractually implied, or other relationship
is created between you and LdsCenter.com other than pursuant to this Agreement.
LdsCenter.com may monitor your use of the LdsCenter.com Web Site and, without notice or permission,
may freely use and disclose including, without limitation, to law enforcement agencies,
any information and materials received from you or collected through your use of the Web Site for any
lawful reason or purpose. LdsCenter.com uses encryption technology to secure your credit card information,
and LdsCenter.com will keep your credit card information confidential in so far as it is required to by the law.
11.
Copyright and Fair Use of Web Site Information.
The contents of the LdsCenter.com Web Site are the proprietary property of LdsCenter.com and are only for
your personal, non-commercial use. The Web Site is protected by copyright as a collective work or a
compilation, or both, pursuant to U.S. copyright laws, international conventions, and other copyright laws.
All materials contained on the Web Site are owned or controlled by LdsCenter.com or the party credited
as the provider of the content. You agree that any
reproduction, duplication, distribution, or transmission of the contents of the Web Site without the prior
written consent of LdsCenter.com is prohibited.
12.
User Grants License to LdsCenter.com.
By posting messages, uploading files, inputting data, or engaging in any other form of communication
(individually or collectively "Communications") to the LdsCenter.com Web Site, you hereby grant to
LdsCenter.com a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty free license to use,
copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit,
and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive
all rights to any claim against LdsCenter.com for any alleged or actual infringements of any proprietary rights,
rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
13.
Users Representations, Warranties, and Covenant.
You represent, warrant, and covenant that:
a.
You are at least 18 years of age or, if acting for a minor,
you grant permission as parent or guardian for that minor, to become a member.
Logging in as a member of LdsCenter.com is confirmation that the person
logging in is an adult or has received permission from a parent or guardian to
become a member of a site and/or to use the Service;
b.
All information you provide to LdsCenter.com and the other Users (as defined herein)
of the LdsCenter.com Web Site is current, truthful, and accurate;
c.
You neither have a pending appearance for nor have been convicted of a criminal felony,
or a worldwide equivalent, within the past seven (7) years, and you neither have a pending appearance
for nor have been convicted of a Class A or B misdemeanor, or worldwide equivalent,
within the past five (5) years, except for minor traffic violations;
d.
You are not on any government registry of sex offenders;
e.
You shall not upload, post, transmit to, distribute, or otherwise publish through the LdsCenter.com Web Site
any materials that
i.
restrict or inhibit any other User from using and enjoying the Web Site;
ii.
are unlawful, threatening, harassing, humiliating, abusive, libelous, defamatory, blasphemous, obscene,
vulgar, racist, offensive, pornographic, profane, sexually explicit, or indecent;
iii.
constitute or encourage conduct that would be inconsistent with the moral standards of
The Church of Jesus Christ, constitute a criminal offense, give rise to civil liability, or otherwise violate law;
iv.
violate, plagiarize, or infringe the rights of third parties, including without limitation, copyright,
trademark, patent, rights of privacy or publicity, or any other proprietary right;
v.
contain a virus or other harmful component;
vi.
contain any information, software, or other material of a commercial nature;
vii.
contain advertising of any kind, except as otherwise specifically allowed by notices posted in the
LdsCenter.com Web Site, and within the restrictions allowed by those notices,
which notices are incorporated into this Agreement by this reference; or
viii.
constitute or contain false or misleading indications of origin or statements of fact;
i.
You shall not post any contact information, which includes but is not limited to your full name,
e-mail address, telephone number, street address, place of employment, name of the ward/stake you attend,
or any instant messenger ID names, or names or any other websites you may be affiliated with;
except in properly designated fields in your Web Site profile;
j.
You shall not use or include hyperlinks anywhere on your Web Site profile or include or display
in your profile graphics not provided by or through the Web Site;
k.
You shall not use the contents of your Web Site profile, the messaging features of LdsCenter.com,
e-mail addresses obtained via LdsCenter.com, or any other feature of LdsCenter.com to promote any
type of product, service, or other commercial venture unless you are specifically allowed to
by notices posted in the Web Site and within the restrictions allowed by those notices
(which notices are incorporated into this Agreement by this reference); and you agree to pay
damages to LdsCenter.com in the amount of one thousand U.S. dollars ($1,000) for each instance of
violating this covenant or applicable notice;
l.
You shall not use LdsCenter.com's services to send chain letters, junk email,
or solicit illegal or immoral activity; and
m.
You shall not allow anyone else to use your account and log onto the Web Site.
14.
Users Violation of Representations, Warranties, and Covenants is Not Protected Speech.
You understand that LdsCenter.com is a privately-owned commercial enterprise that is not associated
with any governmental agency.Accordingly, you understand that while using the LdsCenter.com Web Site
you have no governmental protected right of privacy or right of freedom of speech,
such as under the First Amendment of the Constitution of the United States of America or any other
similar constitution or law. You also understand and agree that if you have any such rights,
you waive them while using the Web Site. Therefore, you understand and agree that you have no
right of privacy or right of freedom of speech excusing any violation of a representation, warranty,
or covenant in this Agreement. You further understand that LdsCenter.com will fully cooperate with
law enforcement officials in prosecuting internet harassment and related crimes.
15.
Zero-Tolerance Policy. LdsCenter.com has a zero-tolerance policy for your breach of a representation,
warranty, covenant, or any other provision of this Agreement. As long as LdsCenter.com supports an
instant messenger service, it may regularly monitor live behavior over any instant messenger service it supports.
You agree, however, that LdsCenter.com has no obligation to monitor Users behavior over the instant messenger
services it may support. You agree that if you, or anyone else who uses your account,
exhibits any of the behavior prohibited by this Agreement, your LdsCenter.com account may,
in its sole discretion, be terminated and you will not be entitled to a refund. You will receive
an e-mail notification advising you of the termination of your account.
16.
Right to Edit Profile.
LdsCenter.com has the right to edit your profile to bring it into
compliance with the terms of this Agreement. LdsCenter.com reserves the right to edit or reject
photos and text that, in the sole judgement of LdsCenter.com, are inappropriate.
17.
Users Duty to Indemnify, Defend, and Hold Harmless.
You hereby agree to indemnify, defend, and hold LdsCenter.com, and all its officers, directors, owners,
agents, employees, information providers, affiliates, licensors, and licensees
(individually or collectively the "Indemnified Parties"), harmless from and against any and all
liability and costs incurred by the Indemnified Parties in connection with any claim arising out of
any breach by you of this Agreement, including but not limited to, a breach of the foregoing
representations, warranties, and covenants, including, without limitation, attorneys fees and costs.
You agree to cooperate as fully as reasonably required in the defense of any claim.
LdsCenter.com reserves the right, at its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, and you shall not in any event settle any matter
without the written consent of LdsCenter.com. You shall be responsible under this provision
for anyone using your account.
18.
No Representation, Warranty, or Endorsement of Accuracy or Reliability.
LdsCenter.com does not represent, warrant, or endorse the accuracy or reliability of any representation,
advice, opinion, statement, profile, or other information (collectively Information) displayed or distributed
through the LdsCenter.com Web Site. You acknowledge that any reliance upon any such Information
shall be at your sole risk.
19.
Not Responsible for Posted Information.
You agree that LdsCenter.com is not responsible for the actions of its members or visitors (collectively Users).
LdsCenter.com does not and cannot review all Information or other materials posted to the
LdsCenter.com Web Site by its Users, and LdsCenter.com is not responsible for any such
Information and materials posted by Users. LdsCenter.com, however, reserves the right at all
times to edit, refuse to post, or to remove any Information or other materials, in whole or in part,
that in LdsCenter.com's sole discretion is objectionable or in violation of this Agreement.
20.
User Responsible to Block Messages From Unwanted People.
LdsCenter.com may provide to its Users the ability to converse in real-time online with other
Users through its own or third-party instant messenger services. You agree that LdsCenter.com is neither
responsible for any use of this technology nor for any information conveyed through this technology.
This technology may allow you to block the receipt of messages from unwelcome Users.
You agree to accept all responsibility for blocking the receipt of messages from unwelcome Users.
You agree not to involve LdsCenter.com in any dispute between yourself and any other User regarding
the instant messenger service, including without limitation, any dispute regarding the blocking or
unblocking of any User or the disciplining of any User for offensive behavior.
21.
No Endorsement of Linked Sites.
The LdsCenter.com Web Site contains links and pointers to the other related World Wide Web Internet sites,
resources, and sponsors of the LdsCenter.com Web Site. Links to and from the LdsCenter.com Web Site
and third-party web sites do not constitute an endorsement by LdsCenter.com or any of its
subsidiaries or affiliates of any third-party web sites or their resources and contents.
LdsCenter.com also disclaims any and all responsibility for content contained in any third-party
materials provided through links from the LdsCenter.com Web site.
22.
Interruption of Service.
You understand and agree that LdsCenter.com occasionally will interrupt the LdsCenter.com Web Site
and take it off line to maintain and upgrade the Web Site. You also understand that the Web Site
will occasionally be interrupted as a result of acts outside of the control of LdsCenter.com or
its service providers. You agree you are not entitled to any refunds or damages for the Web Site being
temporarily unavailable.
23.
User Accepts Web Site AS IS.
THE LdsCenter.com WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE
AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE
BY LAW, LdsCenter.com AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE
ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, FOR ANY PRODUCTS OR SERVICES
OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION
OF SENSITIVE INFORMATION THROUGH THE WEB SITE, ANY INSTANT MESSENGER TECHNOLOGY, OR ANY LINKED SITE.
FURTHER, LdsCenter.com AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, FOR NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
LdsCenter.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE (INCLUDING ANY INSTANT MESSENGER
TECHNOLOGY OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. LdsCenter.com AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE
LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
24.
Limitations of Liability. THIS SECTION DESCRIBES THE FULL EXTENT OF LdsCenter.comS RESPONSIBILITY FOR ANY CLAIMS A USER MAKES FOR DAMAGES CAUSED BY THE FAILURE OF THE LdsCenter.com WEB SITE, OR ANY OTHER CLAIMS IN CONNECTION WITH LdsCenter.com OR THIS AGREEMENT.
a.
If LdsCenter.coms negligence causes damage to person or property, LdsCenter.com will be liable
for no more than the amount of direct damages to the person or property. For any other claim,
LdsCenter.com will not be liable for more than the amount of LdsCenter.coms charges for the services
during the affected period. For all claims, LdsCenter.com will not be liable for indirect or consequential
damages, including but not limited to, lost opportunities, lost profits, or revenue.LdsCenter.com also will
not be liable for punitive, reliance, or special damages, these limitations apply even if the damages were
foreseeable or LdsCenter.com was told they were possible, and they apply whether the claim is based on
contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory.
b.
LdsCenter.com will not be liable for any damages if the LdsCenter.com Web Site is down or interrupted,
or there is a problem with the interconnection of the Web Site with the services or equipment of some other party.
c.
You understand that if you become dissatisfied with the LdsCenter.com or the Web Site, your sole and exclusive
remedy will be to discontinue your membership in accordance with section 3 of this Agreement.
25.
Choice of Law. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE
STATE OF UTAH, U.S.A., WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS.FOR ANY AND ALL ACTIONS
THAT ARE ALLOWED BY THIS AGREEMENT OR BY THE APPLICABLE RULES OF ARBITRATION TO BE BROUGHT IN A COURT,
YOU HEREBY IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE FEDERAL AND STATE COURTS OF THE STATE OF UTAH,
LOCATED IN SALT LAKE COUNTY AND UTAH COUNTY, U.S.A. AND HEREBY AGREE THAT ANY SUCH COURT SHALL BE A
PROPER FORUM FOR THE DETERMINATION OF ANY DISPUTE ARISING UNDER THIS AGREEMENT.
26.
Dispute Resolution. IT IS IMPORTANT THAT ALL USERS READ THIS ENTIRE SECTION CAREFULLY.
THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR
INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION.
a.
Time Limitation to Bring Claims and Disputes.
YOU AGREE THAT ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT
WITHIN ONE YEAR AFTER THE DATE THE BASIS FOR THE CLAIM OR DISPUTE FIRST ARISES. THIS TIME LIMITATION
APPLIES TO ALL MATTERS SUBMITTED TO A COURTOR ARBITRATION.
b.
Small Claims Court and Binding Arbitration.
You agree to resolve all claims of $5,000 or less in a small claims court located in Provo, Utah, U.S.A.
(In the case of court action, you agree to pay all court costs and reasonable attorney fees
incurred by LdsCenter.com necessary to enforce its rights under this Agreement.)
All other disputes arising out of or related to this Agreement (whether based in contract, tort,
statute, fraud, misrepresentation, or any other legal or equitable theory) must be resolved by
final and binding arbitration. This includes any dispute based on any product, service,
or advertising having a connection with this Agreement and any dispute not finally
resolved by a small claims court. The arbitration will be conducted by one arbitrator
using the procedures described below. If any portion of this Dispute Resolution section is
determined to be unenforceable, then the remainder shall be given full force and effect.
c.
Rules of Arbitration.
The arbitration of any dispute involving more than $5,000.00 shall be conducted in accordance
with the Commercial Arbitration Rules of the American Arbitration Association (AAA),
as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA.
You have the right to be represented by counsel in an arbitration. In conducting the arbitration
and making any award, the arbitrator shall be bound by and strictly enforce the terms of this
Agreement and may not limit, expand, or otherwise modify its terms.
d.
No Joinder Allowed.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT OR IN AN ARBITRATION WITH A
DISPUTE OF ANY OTHER PERSON OR RESOLVED ON A CLASS-WIDE BASIS. YOU WAIVE ANY CLAIMS FOR AN AWARD
OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
e.
Duty to Attempt to Resolve Disputes.
Before you take a dispute to arbitration or to small claims court, you must first contact LdsCenter.com
or write to LdsCenter.com and give it an opportunity to resolve the dispute. If the dispute cannot
be satisfactorily resolved within sixty days from the date you or LdsCenter.com is notified by the
other of a dispute, then either party may, as the case may be, file a small claims case or contact the
AAA in writing at American Arbitration Association, 1675 Broadway, Suite 2550, Denver, CO 80202-4602
and request arbitration of the dispute.
f.
Arbitration Information and Filing Procedure.
Information about the arbitration process and the AAAs Arbitration Rules and its fees are available
from the AAA on the Internet at www.adr.org, or by contacting
LdsCenter.com at webmaster@LdsCenter.com.
The arbitration shall be based only on the written submissions of the parties and the documents
submitted to the AAA relating to the dispute, unless either party requests that the arbitration be
conducted using the AAAs telephonic, online, or in-person procedures. Any in-person arbitration will
be conducted in Salt Lake City, Utah. Any arbitration shall remain confidential.Neither you nor
LdsCenter.com may disclose the existence, content, or results of any arbitration or award,
except as may be required by law, or to confirm and enforce an award.
g.
Fees and Expense of Arbitration.
You must pay the applicable AAA filing fee when you submit your written request for arbitration
to the AAA. The AAAs filing fee and administrative expenses for a document arbitration will
be allocated according to the AAAs Rules. If you elect an arbitration process other than a document
(or desk) arbitration, you must pay your allocated share of any higher administrative fees and costs
for the process you select. Unless applicable substantive law provides otherwise, each party will pay
its own expenses to participate in the arbitration, including attorneys fees and expenses for witnesses,
document production, and presentation of evidence. The prevailing party may, however, seek to recover
the AAAs fees and the expenses of the arbitrator from the other party.
h.
Exceptions to Informal Dispute Resolution and Arbitration.
The requirement of attempting to informally resolve the matter will not apply if:
(i) the expiration of the statute of limitations for a cause of action is imminent; or
(ii) injunctive or other equitable relief is necessary to enjoin an ongoing injury or to mitigate damages.
Further, the requirement that matters be submitted to arbitration shall not prohibit a party from
seeking injunctive relief pending arbitration. If a party seeks an injunction as allowed by this section
the party must seek the injunction in a court of competent jurisdiction in either Salt Lake County
or Utah County, Utah, U.S.A. Further, LdsCenter.com may at its sole discretion discontinue a Users
membership, including without limitation, instant messenger use, and remove the Users profile pending
the resolution of any dispute with a User.
27.
Entire agreement.
This Agreement, which incorporates the membership fees schedule and notices contained on the
LdsCenter.com Web Site, constitutes the entire agreement between LdsCenter.com and you with respect
to your use of the Web Site.
28.
Severability.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of the Agreement,
or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible
so as to effect the intent of the provision, and the remainder of this Agreement shall continue in
full force and effect.
29.
Headings.
The headings of the sections and their subsections contained in this Agreement are for the convenience
of the reader only and do not modify the provisions of this Agreement.
30.
Survival of Terms.
If for any reason your membership or your rights as a User of the LdsCenter.com Web Site
terminate while this Agreement is in effect, the provisions of the following sections will survive
that termination and continue according to their terms:
a.
Section 4 Returned Checks and Chargebacks;
b.
Section 11 Copyright and Fair Use of Web Site Information;
c.
Section 12 User Grants License to LdsCenter.com;
d.
Section 13 Users Representations, Warranties, and Covenant;
e.
Section 14 Users Violation of Representations, Warranties, and Covenants is Not Protected Speech;
f.
Section 16 Right to Edit Profile;
g.
Section 17 Users Duty to Indemnify, Defend, and Hold Harmless;
h.
Section 18 No Representation, Warranty, or Endorsement of Accuracy or Reliability;
i.
Section 19 Not Responsible for Posted Information;
j.
Section 21 No Endorsement of Linked Sites;
k.
Section 23 User Accepts Web Site AS IS;
l.
Section 24 Limitations of Liability;
m.
Section 25 Choice of Law;
n.
Section 26 Dispute Resolution; and
o.
Section 30 Survival of Terms.
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