Effective date: 1st of January 2013
Our Online Course
This agreement also applies to our Online Course. Whenever we refer to the “Lemurian Fellowship Website” or “our Website” in this agreement, we are also referring to our Online Course except when otherwise stated. The following additional terms and conditions apply to students who are enrolled in our Online Course:
Ownership: All Site Materials and intellectual property (both of which are defined in this agreement) in our Online Course, in both printed copy and machine readable form for electronic devices, are owned by us, or are used with the owner’s permission or as permitted by law.
License: We grant you a limited license:
Availability: Our Online Course is generally available to you 24 hours per day, 7 days per week, except for regularly scheduled downtime periods and unexpected interruptions. We cannot guarantee that access to our Online Course will be uninterrupted. We also reserve the right to change its availability.
e-mail Communications: You agree to receive and send communications by e-mail,using our secure messaging service. These communications may include, but are not limited to, an e-mail notification from us that a message awaits you on our Online Course. You can access this message by using our secure messaging service.
Security: Although we use security measures to help secure online communications, including using our secure messaging service, online communications over the Internet and communications networks are not in our exclusive control and the confidentiality of the communications cannot be guaranteed.
Enrollment Application: When a student enrolls in our Online Course, the student completes and signs an Enrollment Application which contains additional terms and conditions not included in this agreement.
Your use of our Website is governed by copyright and other intellectual property laws, which include United States and international laws and treaties. Whenever we refer to our Website in this agreement, we are also referring to its contents. These contents include, but are not limited to, text, photographs, merchandise, graphics, designs, images, trademarks, service marks, logos, video, audio, multi-media combinations, and other material which are owned by us, or are used with the owner’s permission or as permitted by law (referred to collectively as “Site Materials”), and they may not be used for any purpose other than for private, non-commercial viewing purposes. The collection, arrangement and assembly of the Site Materials on our Website are owned by us and are likewise protected by copyright and other intellectual property laws. You understand that you have not been granted a license to use any of our or anyone else’s copyrights, trademarks, service marks, or logos (referred to collectively as “intellectual property”).
You have our permission, as limited by the terms and conditions of our Online Course, to display our Website with a computer or other electronic device using browser software and to download, use, and print copies of its contents for personal use. We allow you to do this if no change is made to its contents and all intellectual property ownership notices are preserved. We will also allow you to link to our Website, but not to our Online Course, if the link shows or acknowledges all intellectual property ownership and the link does not have a detrimental effect on our intellectual property. You do not have the right to change or repost the contents of our Website to any other websites without our prior written permission, except for brief excerpts when permitted by law, but this exception does not apply to our online course. If we do give you written permission, we have the right to revoke it at any time and for any reason.
Links to Other Websites
You agree not to interfere with, disrupt, or harm in any way our Website, servers or networks connected to it. This includes, but is not limited to, any attempt to penetrate or circumvent our security measures or those of another entity; engage in denial of service attacks; or engage in any other activity which hinders or disrupts the operation of our Website or interferes with other users’ ability to use our Website.
Disclaimer of Warranty and Limitation of Liability
We disclaim any and all warranties, express or implied, regarding our Website, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and noninfringement. We are making our Website available “as is” and “as available” without warranty of any kind. We do not warrant that it will meet your requirements or that its operation will be uninterrupted, error free, or free of viruses or other harmful components. You assume the risk of any and all damage or loss from use of, or inability to use, our Website, whether foreseeable or unforeseeable, and we shall not be liable for special, incidental, or consequential damages, or lost profits, related to or arising out of your use of our Website or any merchandise or services we provide you.
Accuracy of Information About Our Merchandise
We try to keep the merchandise information in the Bookstore section of our Website up to date and accurate, but we make no warranty or guarantee that the information is error free. Despite our efforts, there might be instances when information is inadvertently inaccurate or incomplete such as with an item’s price or availability for example, and for this reason prices and availability are subject to change without notice.
Digital Millennium Copyright Act
If you believe that material on our Website infringes on your copyright, you may send our designated agent a written notice of the claimed copyright infringement (the “infringement notice”), and your notice must substantially comply with the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512. Our designated agent, under 17 U.S.C. § 512(c), to receive infringement notices is:
Conrad M. Funk, DMCA Agent
P O Box 397
Ramona CA 92065
We have a policy that provides for the termination, in appropriate circumstances, of access and/or use privileges of repeat infringers under 17 U.S.C. § 512(i). We maintain a record of infringement notices which are received by our designated agent and which substantially comply with the DMCA.
We make a good faith effort to identify users who may be engaging in repeated copyright infringement. If we receive three (3) infringement notices within one (1) year, each of which are uncontested and result in the final removal of or disabling access to material, the user will be identified as a repeat infringer.
We will consider all relevant facts and circumstances when determining, in our sole discretion, whether or not appropriate circumstances exist for the termination of access and/or use privileges of the repeat infringer. These facts and circumstances include, without limitation, whether the infringement notice and any counter-notice substantially comply with the DMCA; whether the infringement notice was uncontested; whether the infringement was willful, malicious or flagrant; and whether there was a final court judgment of copyright infringement.
Governing Law and Jurisdiction
This agreement is governed and interpreted pursuant to the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Diego County, California, in all disputes arising out of or related to the use of our Website.
Severability and Waiver
If any part of this agreement is found to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. If we do not exercise or enforce any right or provision of this agreement, it shall not constitute a waiver of that right or provision.
Entire Agreement and Modification
This is the entire agreement between you and us, and its provisions cannot be modified, added to or removed (referred to collectively as “changes”) by any oral statement, representation or warranty by us that is not in writing and signed by us. We may make changes to any part of this agreement at any time by updating this posting of the agreement, and the changes will be effective when posted. It is important that you read this agreement whenever you use or visit our Website, in order to be aware of any changes.
Our Contact Information
P O Box 397
Ramona CA 92065