TERMS OF USE

Last Updated: February 13, 2015

  1. Introduction
    • Charles Simpson Ministries, Inc. (“CSM,” “we,” “us” or “our”) is pleased to provide to you its Internet and mobile services, software tool, applications, content, products and services (“CSM Services”). These Terms of Use (“Terms”) govern your use and our provision of the CSM Services on which these terms are posted, as well as CSM Services we make available on or through third-party Services and platforms if these Terms are disclosed to you in connection with your use of the CSM Services. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE CSM SERVICES.
  2. Contract between you and CSM
    • THIS IS A CONTRACT BETWEEN YOU AND CSM, LOCATED AT 7150 HITT ROAD, MOBILE, AL 36695, OR BETWEEN YOU AND ANY DIFFERENT SERVICE PROVIDER IDENTIFIED FOR A PARTICULAR CSM SERVICE. By using or accessing any CSM Site or by clicking a box that states that you accept or agree to these Terms, you signify your agreement to these Terms. If you do not agree to these Terms, you may not use the CSM Services.

      Note that supplemental terms or rules may apply to some CSM Services, such as rules for particular promotions, subscriptions, applications products, features or other activities. Any such terms are in addition to these Terms, and in the event of a conflict, prevail over these Terms.

      Further, please review our Privacy Notice, which is incorporated into these Terms by reference and also govern your use of the Services.

    • Changes to the Services and/or Amendments to these Terms. At any time, we may amend these Terms (including by modification, deletion and/or addition of any portion of the Terms). If we make an amendment to these Terms, we will post the amended Terms (with date of such amended Terms) on the CSM Services. We may also, in our sole discretion, notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us. And, we may request that you affirmatively accept any amended Terms in order to continue using the CSM Services, e.g., via a click-accept box. If you do not agree to any change to these Terms, you must discontinue using the CSM Services. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.

  3. Reservation of Rights

    Whether due to technical, legal or business-based decisions, and in order to provide the CSM Services, we reserve the right to cancel or block access to any user of the CSM Services at any time and for as long as we consider necessary to take any other action in case of technical problems, or procedures or actions prohibited by our policies and rules, or for any other reason.

    CSM reserves the right to change, modify, discontinue, suspend or abandon the CSM Services at any time for any reason with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.

  4. Use of the Services
    1. Age Requirements. Access to one or more of the Services may be subject to age restrictions. If you are under age 18 (or the age of majority under applicable law), we may need your parent or guardian’s consent before you will be permitted by us to use the applicable Service. We reserve the right to request proof of identity or to verify consent by your parent or guardian.
    2. Carrier Charges. When you access the CSM Services through a mobile network, you are responsible to pay all carrier data, messaging, and other fees resulting from your usage of the Services. Data and messaging plans may be required to use the mobile features of the CSM Services. Data and messaging charges, fees, and taxes from your carrier apply. Downloading, installing or using certain CSM Services may be prohibited or restricted by your network provider and not all CSM Services may work with your network provider or device
    3. Registration. Some or all of the CSM Services permit or require you to create an account. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You will not use a false e-mail address, impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information. You will not use a user/account name that is vulgar or otherwise offensive (as determined by CSM) or that infringes any trademark or other proprietary rights of others.
    4. Security of Username and Password. You are entirely responsible for maintaining the confidentiality of your username(s), password(s), and your account(s) and are responsible for all activities that occur under your account(s). You agree to promptly notify us at customer.service@csmpublishing.com of any unauthorized use of your user name, password, other account information, or any other breach of security that you become aware of involving or relating to any CSM Site. In addition, you agree to exit from your account at the end of each session.
    5. Account Termination. We may, at any time, suspend or terminate your account and your ability to use any CSM Service, in whole or in part, for failure to comply with these Terms or any supplemental terms related to a particular Service, for infringing copyright, or for any other reason whatsoever, immediately and without notice. In addition, we have adopted and implemented a policy that provides for the termination, in appropriate circumstances of the accounts of users who are repeat infringers of copyright.
    6. Electronic Form/Communications. When you visit the CSM Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our Services.
  5. Use of Content on the Services
    1. All information, materials, functions and other content, but excluding the “User Content” defined in Section 6 and all text, photographs, video, graphics, music, images, animations, audio, “applets” incorporated into the software data, sounds messages, comments, ratings (together “Content“) contained on the CSM Services, is owned by CSM or our licensors and licensees and is protected by laws governing copyrights, patents, trademarks, trade secrets and/or other proprietary rights. CSM owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Services. All trademarks, service marks, trade names, and trade dress (“Marks”) are proprietary to us and/or our licensors and licensees. Except as we specifically agree in writing, you agree not to copy, reproduce, publish, transmit, distribute, perform, sell, resell, create derivative works of, or in any way exploit the Marks, the Content, or the Services, in whole or in part, without our prior written consent, except that where a CSM Site is configured to enable the download of particular Content, you may download one copy of such Content (or such number of copies as we may specify from time to time) to a single installation on any computer device that you solely own or control for your personal, non-commercial use only as provided in these Terms or as may be otherwise permitted by us in writing from time to time, provided that you do not alter any such Content, you keep intact all copyright and other proprietary notices and you do not use the Content in any way that would express or imply an association between you and the products and services of CSM or any third party. You acknowledge that you do not acquire any ownership rights in any Content downloaded from the Services.
    2. You further agree that you will not make any business use of the Content or Services or use any “re-mailing” or high-volume or automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute Content available on the CSM Services, or to manipulate the CSM Services. You will take no action to interfere with, interrupt, destroy or limit the functionality of the CSM Services or any computer software or hardware or telecommunications equipment. You may not use the CSM Services in any manner that could damage, disable, overburden, or impair any CSM server, or the network(s) connected to any CSM server, or interfere with any other party’s use and enjoyment of any CSM Services. You may not attempt to gain unauthorized access to any CSM Services, other accounts, computer systems or networks connected to any CSM server or to any of the CSM Services through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the CSM Services. You may not use the CSM Services to collect in any way personal information about others, including e-mail addresses, passwords or other account information, or download, or otherwise copy or provide to a person or entity any directory of users of the CSM Services or use such information to send unsolicited emails. You may not improperly use support or complaint buttons or make false reports to CSM administrators. You may not reverse engineer, decompile or disassemble any software accessed through CSM Services or Services, including any proprietary communications protocol used by CSM. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CSM without express written consent. You may not use any Meta tags or any other “hidden text” utilizing CSM’s name or trademarks without the express written consent of CSM.
    3. Any uses not permitted by these Terms automatically terminates all permissions or licenses granted by CSM in these Terms.
  6. User Content
    1. Definition of User Content. In these Terms, we use the word “User Content” to mean email services, text, messages, reviews, comments, photos, video, communications, suggestions, ideas, questions, your and/or other persons’ names, likenesses, voices, usernames, profiles, and/or other biographical information or material, and/or other similar materials that you, in any context or manner, submit, post, upload, embed, display, communicate or otherwise distribute (collectively, “Distribute“) on or through one or more of the CSM Services.
    2. No Compensation or Confidentiality. You agree that you have no expectation of any review, compensation or consideration of any type in connection with your User Content. Further, you agree that any User Content you submit is not being submitted in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. We, our licensees, distributors, agents, representatives and other authorized users will be entitled to exploit, as set forth in Section 6(d) below, and disclose all User Content, and we will not be liable to you or to any person claiming through you for any exploitation or disclosure of any User Content.
    3. Removal/Cooperation. We have no obligation to monitor the User Content. We reserve the right, but disclaim any obligation or responsibility, to: (a) refuse to post or communicate or remove any User Content from any CSM Services that violates these Terms (including the Rules of Conduct) and (b) identify any user to third parties, and/or disclose to third parties any User Content or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms (including the Rules of Conduct) and/or protect the safety or security of any person or property, including any CSM Service. Moreover, we retain all rights to remove User Content at any time for any reason or no reason whatsoever. Please contact us immediately if you notice another User violating these Terms.
    4. License of User Content. You hereby grant us and our employees, licensees, distributors, agents, representatives and other authorized users of the Services, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify and create derivative works based upon, perform and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes (the “Submissions License“). 
To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User Content you submit.
    5. Representations and Warranties. You represent and warrant that the User Content you submit and your communication thereof conform to the Rules of Conduct (set forth below in Section 8 labeled “Rules of Conduct”) and other requirements of these Terms and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such User Content in all manners contemplated by these Terms (including the Submissions License).
  7. Public Forums and Communication

    Public Forum” means an area, site or feature offered as part of any CSM Service that offers the opportunity for users to Distribute User Content for viewing by one or more CSM Service users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails). You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any User Content to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. 
You are and will remain solely responsible for the User Content you Distribute on or through any CSM Service under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. 
Also, you agree that your use of any User Content posted in any Public Forum or otherwise on any CSM Service by another user is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum. Nor are we responsible for any content posted by users that violates these Terms. We specifically disclaim any and all liability in connection with content posted by users. 
We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to User Content you Distribute.

  8. Rules of Conduct

    The following Rules of Conduct apply to the CSM Services. By using the CSM Services, you agree that you will not Distribute any User Content that:

    1. is (i) defamatory, abusive, harassing, or threatening; (ii) is bigoted, hateful, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (iv) otherwise harms or can reasonably be expected to harm any person or entity;
    2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
    3. infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation;
    4. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
    5. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the CSM Services or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the CSM Services;
    6. (i) does not generally pertain to the designated topic or theme of the relevant Public Forum; (ii) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (iii) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” use of excessive SHOUTING (all caps) and “griefing” as those terms are commonly understood and used on the Internet.

    We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms, and, as between you and us, you assume all risk of harm or injury resulting from any such lack of compliance.

  9. PAID TRANSACTIONS
    1. Digital Content.We may make applications, publications, software or other digital content available on the CSM Services for you to license for a one-time or recurring fee. When purchasing a license to access such material from a CSM Service, charges will be disclosed to you on the CSM Service before you complete the license purchase. Unless otherwise specified, all such content is licensed per the terms set forth in Section 5 (a) of these Terms.
    2. Subscriptions. Some Content provided on the CSM Services may require a subscription to access. Unless otherwise stated in connection with the applicable product subscription, by signing up for a subscription, you agree that your subscription will be automatically renewed and, unless you cancel your subscription per the terms of the applicable subscription, you authorize us to charge your payment method for the renewal term. Unless otherwise disclosed to you at the time of sale, the period of auto-renewal will be the same as your initial subscription. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. Cancellation terms will be stated in connection with the applicable subscription prior to purchase and we also may notify you of such cancellation terms, prior to the applicable subscription’s auto-renewal, at the last email address you provided to us, the dispatch of which notice will constitute effective notice. From time to time, we may offer a free trial subscription for a publication. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time.
    3. The Order Process. You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for purchase will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.
      We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We, or our service provider, will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
    4. Payments and Billing. When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
    5. Returns and Refunds. Except as otherwise stated in this Section 9 (e), you may return, and receive a refund for, a product within thirty (30) days of your receipt of the product if it does not meet your expectations for any reason, provided that the product is received by us in good condition. The following items may not be returned unless there is a manufacturing defect: (i) CDs, DVDs (including Blu Ray DVD) or kit/pack with a CD or DVD (including a Blu Ray DVD) if the package has been opened; (ii) made-to-order, custom or personalized products, (iii) digital downloads, unless you were unable to download or use the file because of a defect; and (iv) subscription products, except future issues in accordance with any stated cancellation policies. To ensure accurate and timely processing of your returned items, pack your items securely and ship them to us, using a return shipping method that allows for package tracking, to CSM, PO Box 850067, Mobile, AL 36685. Include a note with your name and billing information, a list of the items being returned and the reason for the return. We will not pay for the cost of return shipping unless the products have a manufacturing defect, were damaged during shipping, or were incorrectly sent to you.
    6. Personalized Goods. Please note that the rights of cancellation and return do not apply for personalized goods. Cancellations and changes to personalized goods cannot be made once you have submitted your order and personalized items cannot be returned unless there is a manufacturing error or product defect. We reserve the right to refuse personalized orders at our discretion. Inappropriate use of our personalization service will cause your order to be cancelled and any payment refunded.
    7. Pricing; Taxes. We may revise the pricing for products and services we offer. If you pay a periodic subscription fee for a CSM Service, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change. When you place your order, we estimate the tax and include that estimate in the total for your convenience. The actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.
    8. International Shipping; Customs. When ordering goods for delivery to countries other than the country where the seller is located, you may have to pay import duties and taxes levied. These and any additional charges for customs clearance must be borne by you. For goods shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; manuals, instructions and safety warnings may not be in destination country languages; the goods and accompanying materials may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the goods may not conform to destination country voltage (requiring use of an adapter or converter). You are responsible for assuring the goods can be lawfully imported to the destination country. When ordering from us, the recipient is the importer of record and must comply with all laws and regulations of the destination country.
  10. Third-Party Services, Content and Links

    The CSM Services may integrate, be integrated into, or be provided in connection with third-party services and content. You should read the terms of use agreements and privacy policies that apply to such third party services and content. If you access a CSM Service via third-party sites or devices, such third-party will be a beneficiary of these Terms. However, such third-party beneficiaries are not a party to these Terms. You agree that your access to the CSM Services using such third party sites or devices will be subject to the usage terms set forth in the applicable third party beneficiary’s terms of service.

    The CSM Services may, from time to time, provide links to third-party services that may be of interest to you. We have no control over the content or the availability of the contents of these services nor do we endorse or ensure that you will be satisfied with any products or services offered on such third-party services. It is your responsibility to become familiar with each site’s privacy and other policies and terms of use, and to contact that site’s administrator with any concerns.

    You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the CSM Services so long as the link does not portray CSM in a false, misleading, derogatory, or otherwise offensive manner or express or imply any endorsement by CSM of the site from which you are linking. Further, the site from or to which you are linking to the CSM Services must not contain any obscene, defamatory, pornographic, offensive or illegal content. You may not use any CSM logo or other proprietary graphic or trademark as part of the link without express written permission.

    Any opinions, advice, statements, services, offers or other information or content made or expressed by third parties, including users, information providers, or others, are those of the respective authors or distributors and do not state or reflect those of CSM or its affiliates. Further, reference on the CSM Services by a third party, including users of the CSM Services, to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, and however characterized, does not constitute or imply endorsement, recommendation, affiliation with or favoring of such products by CSM or other users, nor, necessarily, the party making the statement. Nor do such statements necessarily indicate that the person making the statement received consideration in return for the statements, unless otherwise noted.

  11. Other Disclaimers

    THE CSM SERVICES, INCLUDING THE CONTENT, ON OR OTHERWISE RELATED IN ANY WAY TO CSM SERVICES OR ANY THIRD PARTY SERVICES OR SERVICES LINKED TO OR FROM ANY CSM SERVICE IS PROVIDED “AS IS” AND “WHERE AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT OR SERVICES WILL BE ERROR-FREE, THAT ACCESS WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY CSM SERVICE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT OR THE CSM SERVICES. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT and CSM SERVICES AND ANY INFORMATION YOU PROVIDE TO THIRD PARTY SERVICES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

    CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

    THE CSM SERVICES MAY CONTAIN STATEMENTS OF CSM’S CURRENT OR FUTURE PLANS OR INTENTIONS; HOWEVER, CSM DOES NOT GUARANTEE THAT ANY FEATURE OR PRODUCT MENTIONED ON THE CSM SERVICES WILL BE DEVELOPED, PRODUCED, OR PRODUCED IN THE FORM, EXCEPT AS REQUIRED BY LAW.

  12. Indemnification

    You hereby agree to indemnify, defend, and hold harmless CSM, our affiliates, licensors, licensees, distributors, agents, representatives and other authorized users (“Entities”), and each of the Entities’ respective resellers, distributors, service providers and suppliers, and all of the Entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“) from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or any law or the rights of any third party or claims arising from your use of the CSM Services and/or your account(s). You will use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

  13. Limitation of Liability

    UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY CSM SERVICE OR CONTENT, (B) ANY RELIANCE BY YOU ON INFORMATION CONTAINED ON THE CSM SERVICES; OR (C) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF US OR ANY USER OF A CSM SERVICE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER SUCH DAMAGES RISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY CSM SERVICE OR $1000. MOREOVER, UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

    THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  14. Jurisdiction and Choice of Law

    You agree that any action at law or in equity arising out of or relating to these Terms or the CSM Services will be filed, and that venue properly lies, only in state or federal courts located in Mobile County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. These Terms will be governed by and construed in accordance with the laws of the State of Alabama and the laws of the United States, without giving effect to any principles conflicts of law.

    YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OR ANY CSM SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED.

  15. Alternative Dispute Resolution

    The parties will first attempt in good faith to meet together to resolve any dispute arising out of or relating to these Terms. If the dispute cannot be settled through such negotiations, the parties agree that such disputes will be submitted to JAMS, or its successor, for final and binding arbitration in Mobile County, Alabama before one (1) arbitrator. Judgment on the arbitration award may be entered in any court having jurisdiction.

  16. Claims of Copyright Infringement

    CSM has adopted and implemented a policy for addressing claims of copyright infringement, and for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright. Further, we reserve the right to remove any User Content on the CSM Services that allegedly infringes another person’s copyright. We are under no obligation to, and do not, scan content posted for any violations of third party rights; however, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the CSM Services.

  17. General Provisions

    If any provision of these Terms will be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

    No waiver of any provision of these Terms by us will be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

    The CSM Services originate from and are maintained in the United States of America, and we make no representations regarding the legality of access to or use of the site or the materials from other countries. Any export or use of the materials by a user must be in compliance with all U.S. export laws and regulations in effect at the time of such export or use. Access in countries where the materials are illegal is prohibited. Users who access the CSM Services from outside of the United States do so at their own risk and are responsible for compliance with applicable U.S. export and local country laws.

    If this Agreement is terminated for any reason, all terms that by their nature may survive termination of this Agreement will survive any such termination.