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Description of Service. The Prophetic Center (“TPC”) is a subscription based educational service. You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. TPC disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. TPC also reserves the right to modify, suspend the Service with or without notice at any time and without any liability to you. Subscription. The Service is available to users who have a current subscription. TPC will provide each subscribing user with a username and password in order to access the Service. In the event that you do not receive a username or password, or are unable to access the Service with the username and password provided to you, please contact our Customer Care department at techsupport@propheticcenter.com. The subscription is $4.95 per month or the discounted rate of $49.00 for one (1) year. License; Restrictions on Use. You are granted a nonexclusive, nontransferable, limited license to access and use for educational purposes the Services from time to time made available to you. This license includes: (a) The right to participate in various free live TPC teleconference calls as announced that are for members only; (b) The right to access The Portal (c) The right to access TPC Community forum. Personal Use. The Service is made available to you for your personal use only. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. TPC reserves the right to refuse service to anyone at any time without notice for any reason. Proper Use. Your use of the Service is subject to your acceptance of and compliance with the Agreement, including the TPC Privacy Policies ("Privacy Policies"). You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates these Terms and Conditions. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. TPC reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request. Intellectual Property Rights. TPC's Intellectual Property Rights. You acknowledge that TPC or its affiliates own all rights, title and interest in and to the Service, including without limitation all intellectual property rights (the "TPC Rights"), and such TPC Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service without permission from TPC. The TPC Rights include rights to (i) the Service developed and provided by TPC and its affiliates; and (ii) all software associated with the Service. The TPC Rights include third-party content used as part of Service, including the content of communications appearing in the Service. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to TPC to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. Privacy. As a condition to using the Service, you agree to the terms of the TPC Privacy Policy as it may be updated from time to time. We understand that privacy is important to you. You do, however, agree that TPC may monitor, edit or disclose your personal information if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the TPC Privacy Policy. Personal information collected by TPC may be stored and processed in the United States or any other country in which TPC or its affiliates maintain facilities. By using TPC, you consent to any such transfer of information outside of your country. We do not give or sell your private information to anyone or entity. Account Inactivity. After a period of inactivity, TPC reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, the username and password associated with that account will be inactivated and use of the Service will no longer be available to such user. Publicity. Any use of TPC's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features") must be in compliance with this Agreement. Termination; Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by emailing cancellations@propheticcenter.net. Cancellation must be made prior to midnight on the last day of each month in order to avoid charges to your credit card. In the event that you do not give the required notice of cancellation your subscription will automatically renew on a month-to-month basis. Upon receipt of a user’s notice of termination, TPC will immediately inactivate the subscription account and the user will no long have access to the Service. Previous months payments are non-refundable. Indemnification. You agree to hold harmless and indemnify TPC, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, TPC will provide you with written notice of such claim, suit or action. Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in New York County, New York, and you consent to the jurisdiction of such courts. Last Updated May 7, 2008 |
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