Terms of Use

PLEASE READ THIS AGREEMENT CAREFULLY

Seminary Hub Membership Agreement

This Membership Agreement ("Agreement") sets forth the terms under which Augsburg Fortress is willing to grant to you, as a qualified seminary student, access to the Seminary Hub website, a centralized website portal through which you may access each of the following four Augsburg Fortress websites pursuant to the terms of this Agreement: Akaloo.org, SundaysandSeasons.com, HerwWeStandConfirmation.org, and NewProclamation.com (collectively, the "Web Sites"). Your access to and use of the Web Sites is subject to the terms set forth herein (the "Membership").

BY CLICKING ON THE "I AGREE" BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, OR IF YOU FAIL TO MEET THE QUALIFICATIONS DESCRIBED HEREIN, AUGSBURG FORTRESS IS UNWILLING TO GRANT YOU A MEMBERSHIP, AND YOU SHOULD NOT CLICK THE "I AGREE" BUTTON.

1. LICENSE.
Subject to the terms and conditions of this Agreement, and subject to your continued qualification as an enrolled seminary student (as determined by Augsburg Fortress in its sole discretion), Augsburg Fortress hereby grants you a limited, non-exclusive license during the Term (as defined below) to:

1.a. access and use the Web Sites and the content thereon solely for your personal educational use as a seminary student, provided however that you may not participate in any community aspects of the Web Sites such as discussion forums, chats, or other interactions with users of the Web Sites (you may, however, view content that others have posted on message boards within the Web Sites);

1.b. reproduce and display printed copies or electronic files of the Web Sites solely for your educational use as a seminary student; and

1.c. distribute, display and publicly perform the Web Sites or any content obtained therefrom within your seminary classes.

2. RESTRICTIONS.
2.a. You may not interact with other users of the Web Sites in the community sections of the Web Sites or otherwise within or through the Web Sites. You may not display, reproduce, or distribute the Web Sites or any portion thereof in any church, to members of a congregation, or otherwise outside of your seminary classroom environment. You may not grant any other individuals any rights with regard to the Web Sites and may not sublicense any of the rights granted to you herein. You must not access, use or copy the Web Sites or content thereon, in whole or in part, except as expressly provided in this Agreement. You must not modify, reproduce, create derivative works of, distribute, sell, resell, lend, loan, lease, license, sublicense or transfer your rights to use and access the Web Sites or any portion thereof. You must not reverse engineer, disassemble, decompile, or translate the Web Sites, or otherwise attempt to derive the source code of or any trade secrets embodied in the Web Sites or any software related thereto, or authorize any third party to do any of the foregoing, except to the extent allowed under any applicable law. The Web Sites may contain trade secrets, trademarks, patents, and copyrights owned by Augsburg Fortress, and you will maintain any information provided by Augsburg Fortress about the Web Sites, including information or ideas related to Augsburg Fortress' future plans for the Web Sites (and all passwords or user IDs used to access and use the Web Sites) in strict confidence. Any attempt to transfer any of the rights, duties or obligations hereunder (including, without limitation, by disclosing user IDs or passwords or otherwise allowing unauthorized use of the Web Sites by third parties) not in accordance with the foregoing is null and void and without any force or effect, and is cause for immediate termination of this Agreement.

2.b. Use of the Web Sites is subject to the terms and conditions of this Agreement and the applicable Augsburg Fortress Terms of Use and Privacy Policies for each of the Web Sites, and any other technical or administrative guidelines regarding the Membership provided by Augsburg Fortress from time to time (collectively the "Additional Terms"), which are hereby incorporated into this Agreement. You agree to abide by all Additional Terms.

3. AUTHORIZED USER ACCESS.
Unless otherwise set forth in or modified by the Additional Terms following the effective date of this Agreement, upon completion of your registration, the account administrator will be able to register you as an Authorized User of the Web Sites. All Authorized Users must be registered by (or the individual's registration must be approved by) the Administrator on the Leader Site prior to such Authorized User gaining access to the Web Sites. You will not be charged any fees for your Membership as long as you remain a seminary student. You are responsible for all charges and fees associated with connecting to the Internet in order to access the Web Sites.

4. TERM.

4.a. This Agreement will be deemed to have commenced upon the date on which you accept the terms and conditions of this Agreement by completing the registration process on the Web Sites, and will continue for so long as you remain enrolled as a seminary student, as determined by Augsburg Fortress (the "Term"), provided however that either party may terminate this Agreement prior to the expiration of the Term as described below.

4.b. This Agreement may be terminated by the Administrator or another authorized representative of Augsburg Fortress immediately upon written notice to you if: (i) you have shared a User ID and password or otherwise granted a third party access to the Web Sites, or facilitated use of the Web Sites by a third party without authorization of Augsburg Fortress or otherwise in violation of this Agreement; or (ii) you have otherwise breached any term of this Agreement, in the discretion of Augsburg Fortress.

4.c. Upon termination or expiration of this Agreement for any reason: (i) the license set forth in Section 1 will terminate and you must immediately cease all use of the Web Sites and either return or destroy any confidential information of Augsburg Fortress related thereto or related to this Agreement, all passwords and user IDs used to access the Web Sites, and all other information related thereto; (ii) your user ID will become ineffective; and (iii) Sections 2, 4(c), 5, 7, 8, 9, and 10 will survive any expiration or termination of this Agreement.

5. OWNERSHIP.
The Web Sites and access thereto are licensed, not sold, to you for use only under the terms of this Agreement, and Augsburg Fortress reserves all rights not expressly granted to you. Except as may be otherwise expressly set forth in any Additional Terms, under no circumstances will you be deemed to receive title to or ownership of any portion of the Web Sites, any modifications or derivative works thereof, or any intellectual property rights thereto (including, without limitation, copyrights, patents and trade secrets incorporated or embodied therein), title to and ownership of which at all times shall remain vested exclusively in Augsburg Fortress. All information, comments, feedback, ideas, questions, designs, data or the like regarding the Web Sites or Augsburg Fortress submitted by you to Augsburg Fortress via any means (collectively, "Feedback") will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. You assign to Augsburg Fortress, free of charge, all rights, title and interest, including all intellectual property rights, in any Feedback you submit, and Augsburg Fortress is entitled to use any Feedback for any purpose whatsoever, without restriction and without attribution or compensation to you.

6. INFORMATION.
In order to complete your registration for the Membership, you will be required to provide certain personally identifiable information, including without limitation your name, telephone number, and e-mail address. Such information is managed in accordance with our Privacy Policies. You hereby represent and warrant that all information provided to Augsburg Fortress at the time of your registration for this Membership is complete, true, and correct, and you agree to update such information as necessary to keep it accurate by providing your updated information to the Administrator.

7. WARRANTY DISCLAIMER.
THE WEB SITES AND THE MEMBERSHIP ARE PROVIDED TO YOU STRICTLY "AS IS" AND AUGSBURG FORTRESS AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO ANY SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY, AND ACCURACY OF RESULTS OR INFORMATION, WHETHER EXPRESS, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AUGSBURG FORTRESS, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.

8. LIMITATION OF REMEDIES.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL AUGSBURG FORTRESS OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE WEB SITES OR ANY DATA SUPPLIED THEREIN, EVEN IF AUGSBURG FORTRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. IN NO EVENT WILL THE LIABILITY OF AUGSBURG FORTRESS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE WEB SITES EXCEED THE AMOUNT OF THE LICENSEE FEE YOU HAVE PAID FOR THE WEB SITES IN THE PREVIOUS 12 MONTHS, IF ANY. EACH PARTY EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE FOREGOING LIMITATIONS OF LIABILITY AND ALLOCATION OF RISK REFLECT PART OF THE BARGAINED-FOR EXCHANGE OF THE PARTIES WITH RESPECT TO THIS AGREEMENT.

9. AUTHORITY AND INDEMNITY.
You represent and warrant that you are at least 18 years of age, that you have the full right, power and authority to enter into this Agreement, and that you are currently enrolled as a seminary student. You hereby agree to indemnify and hold Augsburg Fortress harmless from any and all claims, damages, losses and expenses (including, without limitation, attorneys' fees) arising from or relating to: (a) any breach of this Section 9 or any other representations and warranties made by you in this Agreement; (b) any breach by you of any other terms of this Agreement; and (c) your violation of the Terms of Use for any of the Web Sites.

10. GENERAL.
This Agreement will be governed by the laws of the State of Minnesota, without regard to or application of conflicts of law rules or principles. The parties explicitly disclaim the application of the UN Convention on the Sale of Goods. Any action or lawsuit related to this Agreement must be brought exclusively in either the Federal or State Courts located in Minneapolis, Minnesota, and each party hereby irrevocably submits and waives any objection to the exclusive jurisdiction and forum of such courts. If any provision of this Agreement is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, and the remaining provisions will remain in full force. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Neither this Agreement nor any of your rights or obligations hereunder may be assigned by you without the prior written approval of Augsburg Fortress. Any assignment in derogation of the foregoing shall be null and void. The parties hereto are independent parties and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. This Agreement, together with the Additional Terms, is the complete and exclusive statement of the agreement between the parties, and this Agreement supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement. This Agreement shall not be modified except by a writing signed by both parties, provided however that the Additional Terms may be modified at any time in accordance with the provisions thereof.

THE WEB SITES ARE PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATY.

UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.