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Free Membership Agreement (Updated as of October 26, 2023)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!

 

1. ACCEPTANCE OF TERMS

1a. WELCOME TO OUT OF THE MIRE MINISTRIES FREE SERVICE (the “SERVICE”). The following sets forth the terms and conditions of the outofthemire.org Free Membership Agreement (this “Agreement”) between you (“Member”) and outofthemire.org non-profit (“Out of the Mire Ministries”) under which outofthemire.org allows you access to the Service through the websites identified by the uniform resource locator www.outofthemire.org (the “Site”). Use of the Service indicates that you accept the terms and conditions set forth below.

If you do not agree to accept all of the terms and conditions, please do not use the Service. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE “I AGREE” BUTTON, YOU ARE INDICATING YOUR CONSENT TO BE BOUND BY THIS AGREEMENT, AND ALSO BY THE SITE’S “TERMS OF USE” AGREEMENT, PRODUCT LISTING POLICY AND PRIVACY POLICY WHICH ARE INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY REFERRED TO AS THE “TERMS OF USE”). The outofthemirer.org Free Membership Agreement will not take effect unless and until you have activated your account. Terms not defined in this Agreement shall bear the same meaning as that contained in the “Terms of Use.”

1b. Outofthemire.org may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by outofthemire.org of the amended and restated Agreement and your continued use of the Service shall be deemed to be acceptance of these amended terms.

2. THE SERVICE

2a. The Service will be offered free of charge for an unspecified period of time unless terminated in accordance with the terms of this Agreement.

2b. The Service will have the following core features (which may be added to, modified, or suspended for scheduled or unscheduled maintenance purposes, from time to time at the sole discretion of outofthemire.org and notified to you) “Free Member Benefits”:

1) Member Profile - Allows each Member to display and edit basic information about themselves, such as their name, profile picture, and brief description about themselves in accordance with site TERMS AND CONDITIONS.

2) Member Account - Permits each Member to access and edit information about their account, wallet, address, and orders.

3) Member Stuff - Allows each Member to access their prophetic words or any other information that is specific to that member.

4) Blog Posts – Allows each Member to comment on, like, or share blog posts in accordance with site TERMS AND CONDITIONS.

2c. Outofthemire.org may suspend or terminate all or part of the above Free Member Benefits at any time at its sole discretion. Outofthemire.org also reserves the right to charge for any feature or functionality of the Service at any time at its sole discretion.

2d. Benefits, features, and functions available to any Member may vary for different countries and regions. No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be universally available.

2e. The availability of any transactional features and functions on the Site to any Member may be conditional on verification of that Member’s identity and/or its designated bank account by outofthemire.org and/or its approved independent third parties.

2f. Outofthemire.org shall issue a Member ID and Password (the latter selected by the Member during registration) to each Member to access the Service through such Member's Account. Each Member shall be solely responsible for maintaining the confidentiality of its Member ID and Password and for all activities that occur under the Member ID and Password. That set of Member ID and Password is unique to a single Account, and no Member shall share, assign, or permit the use of its Account, Member ID, or Password to another person. Each Member acknowledges that sharing of its Account with other persons or allowing multiple may cause irreparable harm to outofthemire.org. In such cases, each Member shall indemnify outofthemire.org against any loss or damage (including but not limited to loss of profits) suffered by outofthemire.org as a result of such multiple use of an Account. Each Member hereby undertakes to notify outofthemire.org immediately of any unauthorized use of its Account, Member ID, or Password, or any other breach of security. Each Member hereby agrees that outofthemire.org shall not be liable for any loss or damages arising from the Member's failure to comply with this paragraph.

2g. Outofthemire.org reserves the right to change, modify, upgrade, limit, or suspend the Service or any of its related functionalities or applications at any time, either temporarily or permanently, without prior notice. Outofthemire.org further reserves the right to introduce new features, applications, functionalities, and/or conditions to the Service or to future versions of the Service. All new features, applications, functionalities, conditions, modifications, upgrades, and alterations shall be governed by this Agreement unless otherwise stated by outofthemire.org.

2h. Each Member hereby agrees that in no event shall outofthemire.org be liable to the Member or any third parties for any inability to use the Service (whether due to disruption, changes to, or termination of the Service or otherwise), any delays, errors, inaccuracies or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Service.

2i. Each Member hereby represents and agrees to authorize outofthemire.org to provide all the information associated with your Member ID to the Out of the Mire Site for the purpose of being a part of a community. Your responsibilities with regard to the Username shall apply to the same terms and conditions in connection with the Member ID as prescribed under this Agreement. Outofthemire.org reserves the right, without prior notice and at its sole discretion, to suspend, restrict, or deny access to or use of your Username and services provided by outofthemirre.org and Out of the Mire Members Site if you:

1) Use the services provided by outofthemire.org, the Sites, and the Out of the Mire Ministries Sites to defraud any person or entity;

2) Engage in any unlawful activities, including without limitation those which would constitute the infringement of intellectual property rights, a civil liability, or a criminal offense;

3) Engage in any activities that would otherwise create any liability for outofthemire.org, the Sites, or the Out of the Mire Ministries Sites.

3. RESPONSIBILITIES OF EACH MEMBER

3a. Each Member represents, warrants, and agrees to provide true, accurate, current, and complete information about itself and its references as may be required by outofthemire.org. It also agrees to maintain and promptly amend all information to keep it true, accurate, current, and complete. Each Member hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to outofthemire.org to display and use all information provided by such Member in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.

3b. Each Member hereby represents, warrants, and agrees that the use by such Member of the Service and the Site shall not:

1) Infringe, abet, or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret, or other proprietary right or rights of publicity and privacy or other legitimate rights; promote other illegal activities;

2) Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law;

3) Be part of any scheme to defraud other Members or other users of the Site or for any other unlawful purpose;

4) Impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;

5) Violate any applicable law, statute, ordinance, or regulation (including, without limitation, those governing consumer protection, unfair competition, export control, anti-discrimination, or false advertising);

6) Contain information that is libelous, defamatory, or unlawfully threatening or harassing;

7) Promote discrimination or hate speech based on race, sex, religion, nationality, disability, sexual orientation, or age;

8) Contain information that is obscene or contains or infers any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;

9) Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;

10) Involve attempts to copy, reproduce, exploit, or expropriate outofthemire.org’s various proprietary directories, databases, and listings;

11) Involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting, or expropriating any software or hardware system, data, or personal information; and

12) Involve any scheme to undermine the integrity of the computer systems or networks used by outofthemire.org and/or any user of the Service. Additionally, no Member shall attempt to gain unauthorized access to such computer systems or networks;

13) Link directly or indirectly to or include descriptions of goods or services or other materials that violate any law or regulation or are prohibited under this Agreement or the Terms of Use; or

14) otherwise create any liability for outofthemire.org or its affiliates.

3d. Member shall not take any action which may undermine the integrity of outofthemire.org feedback system, such as leaving positive feedback for themselves using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback regarding another Member.

3e. Each Member acknowledges and agrees that outofthemire.org shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained, or accessible through the Service. Outofthemire.org does not endorse, verify, or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their own communications and may be held legally liable or accountable for the content of their comments or other material or information.

3f. Each Member represents, agrees, and warrants that it has obtained all necessary third-party licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to outofthemire.org or authorizes outofthemire.org to display does not violate the copyright, patent, trademark, trade secrets or any other personal or proprietary rights of any third party, or is posted with the permission of the owner(s) of such rights. Each Member further represents, agrees, and warrants that it has the right and authority to sell, distribute, or offer to sell or distribute the products described in the material or information it posts on the Site or provides to outofthemire.org or authorizes outofthremire.org to display.

3g. If any Member breaches the representations, warranties, and covenants of paragraphs 3a., 3b., 3c., 3d., 3e. or 3f. above, or if outofthemire.org has reasonable grounds to believe that such Member is in breach of such representations, warranties, and covenants, or if upon complaint or claim from any other Member or third party, outofthemire.org has reasonable grounds to believe that such Member has willfully or materially failed to perform its contract with such third party, including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the Member has delivered the items that materially fail to meet the terms and descriptions outlined in its contract with such third party, or if outofthemire.org has reasonable grounds to believe that such Member has used a stolen credit card or other false or misleading information in any online transaction, outofthemire.org has the right to suspend or terminate the Service and all Free Member Benefits with respect to such Member without any compensation and restrict or refuse any and all current or future use of the Service or any other services that may be provided by outofthemire.org. Further, outofthemire.org reserves the right in its sole discretion to place restrictions on the number of product listings that a Member can post on the Site for such duration as outfothmire.org may consider appropriate and to remove any material it reasonably believes that is unlawful, could subject outofthemire.org to liability, violates this Agreement or the Terms of Use or is otherwise found inappropriate in outofthemire.org’s opinion. Outofthemire.org reserves the right to cooperate fully with governmental authorities, private investigators, and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, outofthemire.org may disclose the Member’s identity and contact information if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and outofthemire.org shall not be liable for damages or results thereof. Member agrees not to bring any action or claim against outofthemire.org for such disclosure. In connection with any of the foregoing, outofthemire.org may suspend or terminate the Account of any Member as outofthmire.org deems appropriate at its sole discretion.

3h. Each Member agrees to indemnify outofthemire.org, its employees, agents, and representatives and to hold them harmless from any and all losses, claims, and liabilities (including legal costs on a full indemnity basis) which may arise from its submissions, posting of materials or deletion thereof, from such Member’s use of the Service or from such Member’s breach of this Agreement or the Terms of Use. Each Member further agrees that outofthemire.org is not responsible and shall have no liability to it or anyone else for any material posted by such Member or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material, and that the risk of damage from such material rests entirely with each Member. Outofthemire.org reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member. In this event, the Member shall cooperate with outofthemire.org in asserting any available defenses.

4. USE OF DISCUSSION FORUMS ON THE SITE

4a. Outofthemire.org provides its Members use of discussion forums on the Site free of charge to promote and encourage open, honest, and respectful communication between all of our Members. The discussion forums on the Site shall NOT be used as a marketing platform by Members, and Members shall not post any information relating to trade leads, promotion of their products, or their company profile (“forum spamming”).

4b. Each Member acknowledges that all data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”), whether publicly posted or privately transmitted through a discussion forum on the Site, are the sole responsibility of such Member from whom the content originated. This means that the posting Member, and NOT outofthemire.org, is entirely responsible for all content that is uploaded or posted via our discussion forums on the Site. Outofthemire.org does not control the content posted via discussion forums and, therefore, does not guarantee the accuracy, integrity, or quality of such content.

4c. Outofthemire.org reserves the right to delete or edit any postings at its sole discretion without prior notice. Outofthemire.org may monitor the posting activities of any Member who is in breach of this Agreement and may restrict their ability to post messages on the discussion forums on the Site. Under no circumstances will outofthemire.org be liable in any way for any content, including (without limitation) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of the discussion forums by such Member. Each Member agrees to evaluate and bear all risks associated with the use of any content, including any reliance on its accuracy or completeness. Each Member understands that by using the outofthemire.org discussion forums on the Site, such Member may be exposed to content that is offensive, indecent, or objectionable.

4d. Without prejudice to each Member's responsibilities under Section 3 of this Agreement, each Member agrees not to use the discussion forums on the Site to:

1) Upload, post, or e-mail any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, tortious, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

2) Harm minors in any way;

3) Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or disguise the origin of any content;

4) "Stalk" or otherwise harass another;

5) Collect or store personal data about other users;

6) Post, upload, or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

7) Post, upload, or e-mail any content that infringes upon any intellectual property rights or other legitimate rights of any party;

8) Post, upload, or e-mail any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or any other form of solicitation;

9) Post, upload, or e-mail any content that contains computer viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;

10) Post, upload, or e-mail any content that contains a complaint regarding outofthemire.org’s services or refers to such a complaint on the Site or to any other Members; any such complaint must be directed to the customer service e-mail on the Site; or

11) Violate any applicable national or internal laws or regulations.

4e. Each Member acknowledges that outofthemire.org does not pre-screen content but that outofthemire.org shall have the right (though not the obligation) in its sole discretion to move, modify or remove any content that is posted or uploaded on the discussion forums on the Site.

4f. Each Member grants to outofthemire.org a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (including the right to sub-license through multiple tiers) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content (in whole or part) such Member uploaded, posted or supplied to outofthemire.org for posting on the Sites and/or to incorporate such content in other works in any form, media or technology now known or developed.

4g. Each Member shall indemnify and hold outofthemire.org and its subsidiaries, employees, officers, agents, affiliates, or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to any content such Member uploaded, posted or e-mailed on or through the discussion forums on the Site, such Member’s use of the discussion forums on the Site, or such Member's breach of the provisions set out in Section 4d.

4h. On being made aware of any such breaches, outofthemire.org may ban, delete, or prohibit any content that relates to those breaches or that outofthemire.org, in its sole discretion, considers to be harmful to the public or the rights of outofthemire.org or any of its affiliates, licensors, partners or Members.

4i. Outofthemire.org reserves the right to take whatever action it deems necessary to prevent a Member’s breach of Section 4d. including the following:

1) Issuing a warning letter to the relevant Member (where the breaches are deemed by outofthemire.org to be minor) or

2) Banning the relevant Member from discussion forums on the Site (where the breaches are deemed by outofthemire.org to be major).

All incidents will be logged, and outofthemire.org’s decision shall be final in all such cases.

4j. All information and/or other content posted on the Site by the outofthemire.org service team or by Members or third-party partners is supplied for information purposes only. It shall not under any circumstances be construed as legal and/or business advice or a legal opinion. Members are encouraged to seek independent professional advice in such situations.

5. LIMITATIONS OF LIABILITY

5a. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND OUTOFTHEMIRE.ORG HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, ACCURACY, DURABILITY, PERFORMANCE, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS, AND TERMS ARE HEREBY EXCLUDED.

5b. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUTOFTHEMIRE.ORG MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE.

5c. Any material downloaded or otherwise obtained through the use of the Service is done at each Member’s sole discretion and risk. Each Member is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any Member from outofthemire.org or through or from the Service shall create any warranty not expressly stated in this Agreement.

5d. The Site may make available to Users services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall outofthemire.org and its affiliates be held liable for any such services or products.

5e. Under NO circumstances shall outofthemire.org be held liable for a delayed failure or disruption of the Service resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, labor disputes, strikes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, storms, floods, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

5f. Outofthemire.com shall NOT be liable for any special, direct, indirect, punitive, incidental, or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:

1) The use, or the inability to use, the Service;

2) Any defects in goods, samples, data, information, or services purchased or obtained from a Member or a third-party service provider through the Site;

3) Unauthorized access by third parties to data or private information of any Member;

4) Statements or conduct of any user of the Site; or …

5) Any other matter relating to the Service, however, arises, including negligence.

6. INTELLECTUAL PROPERTY RIGHTS

6a. Outofthemire.org is the sole owner or lawful licensee of all the rights to the Service. All title, ownership, and intellectual property rights in the Service shall remain with outofthemire.org or its affiliates. All rights not otherwise claimed under this Agreement or by FirstESource.com are hereby reserved.

6b. “Out of the Mire,” “OUTOFTHEMIRE.ORG,” and related icons and logos are registered trademarks or trademarks or service marks of Out of the Mire Ministries; the unauthorized copying, modification, use, or publication of these marks is strictly prohibited.

7. GENERAL

7a. This Agreement and the Terms of Use constitute the entire agreement between the Member and outofthemire.org with respect to and governs the use of the Service, superseding any prior written or oral agreements in relation to the same subject matter herein.

7b. Outofthemire.org and the Member are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

7c. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.

7d. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.

7e. Outofthemire.org’s failure to enforce any right or failure to act with respect to any breach by a Member under this Agreement will not waive that right nor waive outofthemire.org’s right to act with respect to subsequent or similar breaches.

7f. Outofthemire.org shall have the right to assign this Agreement (including all of its rights, benefits, titles, interests, and obligations and duties in this Agreement) to any person or entity (including any affiliates of outofthemire.org). The Member may not assign, in whole or part, this Agreement to any person or entity.

7g. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, THE UNITED STATES OF AMERICA, AND THE PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS IN THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA.

7h. If there is any conflict between the English version and another language version of this Agreement, the English version shall in all cases prevail.

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