Terms & Conditions
Vital Concern Website Use and Membership Agreement (Revised January 11, 2014):
The Vital Concern service (Vital Concern or the "Service") is a way for Christians to share information relevant to living the Christian life. The Vital Concern service is provided by Vital Concern, located at 5817 Bent Grass Drive, Valrico, FL 33594. This is a legal agreement ("Agreement") between you and Vital Concern regarding their Vital Concern service. Please read the Agreement carefully before registering for the Vital Concern service. By using the website of Vital Concern, you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to use the website or service. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SITE OR REGISTER FOR the Vital Concern SERVICE. THE TERMS ARE SUBJECT TO CHANGE BY Vital Concern, AT ANY TIME, EFFECTIVE UPON NOTICE OF CHANGE TO YOU ON THE HOME PAGE.
Either you or Vital Concern may terminate your Vital Concern membership at any time, for any reason, effective upon sending written notice to the other party. Vital Concern reserves the right to immediately suspend or terminate your access to the Vital Concern service, without notice, upon any breach of this Agreement by you which is brought to Vital Concern's attention.
ROLES. The Account Holder is the Primary Local Administrator and may invite members of his or her congregation to become Local Members of the service, subject to their acceptance of the Member Agreement. The Account Holder may transfer that status to another Local Member, subject to their acceptance of the Member Agreement. The Account Holder may appoint additional Local Administrators from among the Local Members in the Administrative Interface of the website. Local Members are solely responsible for their use of the membership.
LOCAL ADMINISTRATORS AND THOSE WHO BECOME LOCAL ADMINSTRATORS AT ANY TIME. If you are the Local Administrator for your congregation, or are made a Local Administrator by another Administrator, you agree to invite only members of your congregation to become members of Vital Concern. You agree to make them members at no additional cost and without requiring additional consideration from them, subject to their acceptance of this membership agreement. If you are a Local Administrator, or if you become a Local Administrator, your access to information will be limited, but, regardless, you agree not to disclose email addresses, other profile information, or posted information except as necessary in the normal course of managing the site or to fulfill other requirements detailed elsewhere in this agreement. Vital Concern retains the sole and final authority to reject content, membership, or use of the site.
EMAIL. As a Member, you understand that Vital Concern members may receive an email newsletter, as well as immediate email alerts when prayer requests are posted, and emailed weekly, daily, and hourly prayer lists for their congregation, but you may opt out of receiving these emails or change your preferences upon first signing into the Web site with your password. You may also unsubscribe from these emails at any time by clicking on a link in them. You agree that members may send email to you from the site, and Vital Concern is not responsible for the content of member email. Members may also send Urgent Request emails to other members. You may choose not to receive these Urgent Request emails by setting your email preferences at the Web site.
ONLINE CONDUCT. As a Member, you agree that:
You are solely responsible for the content or information you publish or display (hereinafter, "post") on the Vital Concern service, or transmit to other Vital Concern Members.
Posting information on Vital Concern is the same as publishing it, or making it public. Information you post should be for the edification of the body of Christ and should bring honor to the cause of Christ among anyone who might read it, view it, or hear about it.
You will not post information that is political in nature, or which incites division among Christians.
You will not post on the Vital Concern service, or transmit to other Vital Concern Members or Vital Concern Employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You will use the Vital Concern service in a manner consistent with any and all applicable laws and regulations.
You will not include in any of your postings any URL's, offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information. Vital Concern reserves the right, but has no obligation, to reject and delete any posting that does not comply with these prohibitions. Vital Concern also reserves the right to reject and delete any posting at the sole discretion of Vital Concern management or its agents or Local Administrators.
You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk E-mail to other Vital Concern Members. You will not send email through Vital Concern for any commercial purpose whatsoever.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You are solely responsible for your interactions with other Vital Concern Members. Vital Concern reserves the right, but has no obligation, to monitor disputes between you and other Members.
INDEMNITY BY MEMBER. You will defend, indemnify, and hold harmless Vital Concern, its officers, owners, directors, employees, agents, third parties, including churches, church leaders, and Local Administrators, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Vital Concern service, including any breach by you of the terms of this Agreement.
ONLINE CONTENT. Opinions, advice, statements, offers, or other information or content made available through the Vital Concern service are those of their respective authors and not of Vital Concern, its officers, owners, directors, employees, agents, third parties, including churches, church leaders, and Local Administrators, and should not necessarily be relied upon. Such authors are solely responsible for such content.
Vital Concern, its officers, owners, directors, employees, agents, third parties, including churches, church leaders, and Local Administrators, DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND NEITHER ADOPTS NOR ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE. UNDER NO CIRCUMSTANCES WILL Vital Concern, its officers, owners, directors, employees, agents, third parties, including churches, church leaders, and Local Administrators, BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON the Vital Concern SERVICE, OR TRANSMITTED TO Vital Concern MEMBERS.
WARNING - PLEASE READ THIS: It is possible that other Vital Concern Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Vital Concern service and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and the recipient may use such information to harass or injure you. Vital Concern, its officers, owners, directors, employees, agents, third parties, including churches, church leaders, and Local Administrators, are not responsible for posted information or its consequences, nor for the use of any information that you or others may choose to disclose on the Service. Please carefully select the type of information that you post on the Vital Concern service or release to others, as you are solely responsible for it.
Vital Concern, its officers, owners, directors, employees, agents, third parties, including churches, church leaders, and Local Administrators RESERVE THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF the Vital Concern SERVICE. Vital Concern, its officers, owners, directors, employees, agents, third parties, including churches, church leaders, and Local Administrators SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT OF Vital Concern, its officers, owners, directors, employees, agents, third parties, including churches, church leaders, and Local Administrators, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND YOUR PRIVATE E-MAIL MESSAGES. E-MAILS SENT BETWEEN YOU AND OTHER Vital Concern MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED AS PRIVATE BY Vital Concern TO THE EXTENT REQUIRED BY APPLICABLE LAW.
PROPRIETARY RIGHTS. Vital Concern owns and retains other proprietary rights in the Vital Concern Service. The Service contains the copyrighted material, trademarks, and other proprietary information of Vital Concern and its licensors. In addition, other Members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
By posting information, a photograph or content to any public area of Vital Concern, you automatically grant, and you represent and warrant that you have the right to grant, to Vital Concern and other Vital Concern Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or Incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
COMPLAINTS. To resolve a complaint regarding the Vital Concern service, you should first contact Vital Concern Customer Support at support@<%=VarDomainURL%>.com . You may also contact the Florida Division of Consumer Services, 2005 Apalachee Parkway, Rhodes Building, Tallahassee, FL 32399-6500, phone (850) 922-2966.
DISCLAIMER OF WARRANTY. Vital Concern PROVIDES the Vital Concern SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH Vital Concern, OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE. Vital Concern SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Vital Concern does not warrant that your use of the Vital Concern service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected. Vital Concern DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, TELEPHONE OR OTHER TELECOMMUNICATION SERVICE, INCLUDING COVERAGE, RANGE OR ANY INTERRUPTION IN TELEPHONE OR OTHER TELECOMMUNICATION SERVICE.
LIMITATION OF LIABILITY. IN NO EVENT WILL Vital Concern BE LIABLE (i) TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE Vital Concern SERVICE, EVEN IF Vital Concern OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (ii) TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Vital Concern's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Vital Concern FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
IN ADDITION, Vital Concern DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS, OR "HACKERS") OF the Vital Concern SERVICE.
The entire contents of this Web site are protected under United States and foreign copyright, trademark, and other laws.
Vital Concern reserves the right to make changes to these policies at any time, and you agree to be bound by any changed policies. Please check these policies frequently for any changes by clicking on "Member Agreement." By using the Vital Concern service, you agree to be bound by these policies. Violations may result in a range of consequences, including appropriate legal action. Users (including unauthorized users, or "hackers") are prohibited from violating the security of this site in any manner. Violations may result in civil or criminal liability.
STATE BY STATE VARIATIONS. Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.
GENERAL PROVISIONS. This Agreement is entered into in Valrico, Florida. You agree that Florida law (regardless of conflicts of law principles) shall govern this Agreement, and that any dispute arising out of or relating to this Agreement shall be subject to the federal and state courts in Hillsborough County, Florida. This Agreement, accepted upon registering for the Vital Concern service, contains the entire agreement between you and Vital Concern regarding the use of the Service. This Agreement may only be amended upon notice by Vital Concern to you on the home page, or by a writing signed by you and an authorized official of Vital Concern. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.