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Site Terms & Conditions of Use
Last revised: December 14, 2012
This page outlines the Terms of Service (hereafter the "Agreement") under which the eChristian services (hereafter the "Services") and http://echristian.com/ website (hereinafter "Site") are provided to you.
Please read this page carefully. By using the Site and/or paying for Services, you are indicating your acceptance to be bound by this Agreement. If you're unwilling to be bound this Agreement, do not use this Site or pay for Services.
By entering into this Agreement you further acknowledge your understanding and acceptance of eChristian's information gathering, use and dissemination practices as outlined in our Privacy Policy, as defined below.
Please note that eChristian may revise the Agreement at any time by updating this posting. You should visit this page periodically to review the Agreement.
Our Services
We offer consumers the ability to purchase products and downloadable content online. We are provided the content by third-parties, who are solely responsible for the content. Therefore, we are not able to guarantee any of the content of the products or services that are available on our site.
Our downloadable content is copyright protected and embedded with reasonable measures to prevent unauthorized copying and distribution. eChristian and/or the owner of the content will strictly enforce breach of the copyrights and/or circumvention of the security measures.
Please note that all listed prices are in US dollars (USD, US$). All promotions are subject to early expiration and any dates promoted are the latest an offer will be valid until. eChristian cannot be held responsible for typos. eChristian reserves the right to alter or end any promotion or offer, at any time, without prior notice. Discounts cannot be combined with any other discount offer or promotion and discounts or promotion codes cannot be used to adjust an amount paid on previous purchases. Please note that not all titles are available in all sales territories and our system will not allow you to purchase a title that is not allowed to be sold in your country.
Intellectual Property Rights
Our Site (including but not limited to text, graphics, images, logos, buttons, icons, software and other materials, not including the specific downloadable audio content, hereafter "Content") are the sole property of eChristian, and are protected by U.S. copyright and international treaties. eChristian authorizes you to view and download a single copy of the Content on the Site solely for your personal, noncommercial use. Unauthorized use of the Content may violate copyright, trademark and other laws. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. Additionally attempting to decipher, recompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site or service is expressly prohibited.
All Site designs, copy, graphics and logos and certain other names or logos are service marks or trademarks of eChristian. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by eChristian's trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.
You agree to be bound by third party licenses of software or content that is available or part of the Site and to abide by the terms of use of any such third party software or content.
Acceptable Use of the Site
The Site and its Services are intended solely for individuals that are purchasing products or services available on the site.
As one of the conditions of your use of the Site and Service, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by this Agreement or by applicable law. It is your responsibility to ensure that your use of the Site complies with this Agreement.
Security Rules
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: accessing data not intended for such user or logging into a server or account which the user is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mail bombing" or "crashing"; sending unsolicited e-mail, including promotions and/or advertising of products or services; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Use of any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, or taking any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure is expressly prohibited.
Violations of these Security Rules may result in civil or criminal liability. eChristian will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Username and Password
You are responsible for maintaining the confidentiality of your information, username and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify eChristian of any unauthorized use of your registration, information, username or password.
Indemnification
By using the Services you agree to defend, indemnify and hold harmless eChristian from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from this Agreement, your breach of this Agreement, your conduct or your use of the Site and Services.
Release and Limitations of Liability
You further agree to release eChristian from any claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with this Agreement.
IN NO EVENT SHALL ECHRISTIAN BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA, INNACURATE INFORMATION, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, SITE AND THE CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ECHRISTIAN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN ECHRISTIAN'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES PROVIDED HEREUNDER.
Warranties
By entering into this Agreement you acknowledge that eChristian is simply providing products and services for a fee, and that it makes no warranties of any kind relating to the data, documents, or products.
Furthermore nothing on the Site shall be considered an endorsement, representation, assumption of responsibility or warranty with respect to any third party, whether in regards to their web site, products, technologies, services, business practices or otherwise.
ECHRISTIAN DOES NOT WARRANT THAT ITS SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ECHRISTIAN IS NOT RESPONSIBLE FOR THOSE COSTS.
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE INTERNET IN GENERAL. THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ECHRISTIAN , TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ECHRISTIAN MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.
General Provisions
eChristian makes no claims that the Content of its Site is appropriate or legal to be viewed by certain persons or in certain countries. If you access the Site or Services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Partial Validity: If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
Equitable Relief: You understand and agree that due to the nature of this Agreement, in addition to money damages, eChristian will be entitled to equitable relief upon a breach of this Agreement by you.
Governing Law: This Agreement is governed by the laws of the State of California without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in San Diego County, California.
Entire Agreement: Except as expressly provided in a particular Legal Notice, Software License or other notices or Content published on the Site, these terms represent the entire binding Agreement between us, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding eChristian, the Site, or Services.
Digital Admissibility: You hereby agree that a printed version of this Agreement and of any other notice given in electronic form by eChristian or in the Site, which is based upon or relating to this Agreement, shall be admissible in judicial or administrative proceedings and subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form.
Privacy Policy
Last revised: December 14, 2012
What This Privacy Policy Covers
- This policy covers how eChristian treats personal information that eChristian collects and receives. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available.
- This policy does not apply to the practices of companies that eChristian does not own or control, or to people that eChristian does not employ or manage.
General Information Collection and Use
- eChristian collects personal information when you register with us and when you visit eChristian pages.
- When you register we ask for information such as your name, email address and zip/post code. For some financial products and services we may also ask for your address, telephone number, and Credit Card number.
Information Sharing and Disclosure
- eChristian does not rent or sell personal information about you with other people or nonaffiliated companies except when we have your permission, or under the following circumstances:
- We provide the information to trusted partners who work on behalf of or with eChristian under confidentiality agreements. These companies may use your personal information to help us communicate with you about offers from us and our marketing partners. However, these companies do not have any independent right to share this information.
- We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
- We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of eChristian's terms of use, or as otherwise required by law.
- We transfer information about you if eChristian is acquired by or merged with another company. In this event, we will notify you before information about you is transferred and becomes subject to a different privacy policy.
- eChristian may display targeted advertisements based on personal information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click on targeted ads meet the targeting criteria.
- eChristian does not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.
Cookies
- eChristian may set and access eChristian cookies on your computer.
- eChristian may let other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to eChristian's cookies.
Your Ability to Edit and Delete Your Account Information and Preferences
- You can edit your eChristian.com Information at any time by logging into your account on our website.
- You can contact eChristian customer service for requests to permanently delete your personal information from our system. Certain information cannot be permanently deleted if you have placed paid orders.
- We reserve the right to send you certain communications relating to eChristian's service, such as service announcements, and administrative messages, that are considered part of your eChristian account, without offering you the opportunity to opt-out of receiving them.
Confidentiality and Security
- We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
- We have safeguards in place to protect personal information about you.
Changes to this Privacy Policy
- eChristian may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your eChristian account or by placing a prominent notice on our site.
Questions and Suggestions
Please feel free to suggest ways we can improve. If you have any concerns about your privacy on our site, please contact us immediately:
eChristian, Inc.
Website Customer Care
2235 Enterprise Street; Suite 140
Escondido, CA 92029
United States of America
Refund Policy
Last revised: December 14, 2012
Within 30 days of placing your order through our online store, you may request a refund for any purchase that has not yet been downloaded.
Please note that we will not refund any order that has been downloaded unless we can confirm that the file(s) are corrupted from our servers or that the files are incompatible with your system and we are unable to provide a compatible version. Refund requests for titles where you accidentally ordered a quantity of more than one are handled on an individual basis.
The equivalent of an exchange for a download would be to provide a working file in place of the original, incompatible or corrupted file.
Status of downloads (whether you downloaded a title or not) are determined automatically through our system. All downloads are given twelve (12) download attempts. Each time you attempt to download a title, the counter will decrease.
All refunds and exchanges are ultimately at the discretion of our Customer Service representatives. Refunds are issued in the same manner as the original order was placed.
We do not price match downloads against other download sites nor do we refund a price difference in the event of a sale or special pricing event.
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