Catholic Business Network of the Ozarks - Terms & Conditions
THIS AGREEMENT and the documents described below contain the complete terms and conditions that apply to an individual or entity's participation in the Catholic Business Network of the Ozarks (the "CBNO"). This Agreement is made and entered into by and between Catholic Business Network of the Ozarks, and you. As used in this Agreement, "we/us/our or CBNO " means Catholic Business Network of the Ozarks and "you" means the applicant specified in the Application, as that term is defined below. "Site" means a World Wide Web site.
ENROLLMENT IN THE PROGRAM First, participants must agree with, support, and endorse these steadfast truths that each advertiser pledges: I respect the Catholic Faith and its moral principles. I wish to support our Catholic Educational System and I desire to connect with the Catholic in my community and pledge to provide them with fair, honest and reliable service.
To begin the enrollment process, you need to submit a complete application ("Application"). This Application can be found at “web Address”. We will evaluate your Application in good faith we, acting on our behalf or on its own under its separate terms and conditions, will notify you of your acceptance or rejection. We may reject your Application for any reason whatsoever, including, but not limited to our determination (in our sole discretion) that your Business is not clearly affiliated with the Springfield Catholic School System or the Catholic Diocese of Springfield~Cape Girardeau or is unsuitable for the Program ( "Unsuitable Business/Site"). Unsuitable Business/Sites include, but are not limited to, those that: (a) contain or link to nudity or pornography or promote sexually explicit materials; (b) promote violence; (c) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (d) promote illegal activities; (e) infringe intellectual property rights of ours, or any third party or otherwise violate the rights of any third party: (f) contain, in our sole judgment, material that is defamatory, fraudulent, or harassing to us or any third party; or (g) promote the use of any pyramid or similar schemes.
Adult or mature content
Any profane or inappropriate language
References to illegal drugs or drug paraphernalia
Violent or hateful content
Anything that references illegal content or promotion thereof
Any insulting references to ethnic background, culture, or religion
Once we accept your Application, you will be notified. If we reject your Application, you are welcome to reapply to the Program at any time, providing you have adapted to the overall guidelines.
POLICIES AND PRICING
All Customers who buy advertising through the CBNO will be deemed to be the customers of CBNO . Accordingly all CBNO rules, policies, and operating procedures ("Policies and Procedures") concerning customer orders, customer service, and product sales will apply to those Customers. We may change our Policies and Procedures at any time and for any reason. For example, we will determine the prices to be charged under this Program in accordance with our own pricing policies. Prices and availability may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
CBNO grants you a limited, nonexclusive, non-transferable, non-sublicensable revocable right and license during the term to use the Icon and words or combination of words and images of the CBNO, solely for the purpose of identifying your Business/Site as a participant. You may not modify any of the Licensed Materials in any way. CBNO reserves all rights in the Licensed Materials and all intellectual property rights therein. Subject to the terms and conditions of this Agreement, CBNO grants you a limited, non-exclusive, royalty-free license to use the Sales Information, as defined below, to the extent necessary to fulfill your obligations under this Agreement or for your internal research purposes. CBNO may immediately revoke such licenses at any time and for any reason upon giving you oral, written or electronic notice.
You agree not to use or send any e-mail, including but not limited to e-mail blasts or SPAM, to advertise or promote the CBNO name, without prior written consent from us.
You may not use the CBNO name, Catholic Business Network of the Ozarks Pages, Catholic Schools of Springfield, Catholic Diocese of Springfield~Cape Girardeau or any other CBNO Brand Features, or any variation, element, derivation or adaptation thereof (including but not limited to abbreviations, misspellings, stringing of individual names into a single word, or any other variation which has the effect of implying the CBNO name; "CBNO Variations"), in any manner not expressly authorized by this Agreement. Without limiting the generality of the foregoing, Affiliate shall not: (i) use CBNO in Affiliate's domain or sub-domain; (ii) use CBNO Brand Features or CBNO Variations (or use any type of software download or technology or otherwise engineer Affiliate's web site, search engine, or Affiliate's service) in such a manner so as to intercept, re-direct, or divert Internet traffic to or from the CBNO Site(s) without prior written approval of CBNO ; and, (iii) bid on or purchase CBNO Brand Features or CBNO Variations as adwords, keywords, or any other similar advertising, search or query words or terms, on Google, Overture, or any other similar search engine service or web site. Any violation of this section shall constitute a material breach of the Agreement, and within twenty-four (24) hours of receipt of notice from CBNO of such breach, Affiliate shall cease such use of CBNO Brand Features or CBNO Variations. If Affiliate does not so cure such breach, CBNO may immediately terminate the Agreement, without any charge or liability, in addition to any other rights or remedies CBNO may have under the Agreement, and CBNO reserves the right to bring a trademark infringement action against Affiliate, as well as any other rights or remedies it may have at law or in equity.
The term of this Agreement will begin upon our acceptance of your Application and will end when terminated by either party in accordance with the terms of this Agreement. Either you or CBNO may terminate this Agreement at any time and for any reason, with or without cause, by giving the other party written or electronic notice of termination
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our CBNO Web Page. Modifications may include, but are not limited to, changes in Fee Schedules, payment procedures, and Policies and Procedures. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE CBNO FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. RELATIONSHIP OF PARTIES You and CBNO are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your Site or otherwise, that reasonably would contradict anything in this Section.
Catholic Business Network of the Ozarks, The Springfield Catholic Schools and The Catholic Diocese of Springfield~Cape Girardeau (hereafter collectively CBNO) provides the [www address] Web site as a service to the public and Web site owners. CBNO is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the site. While the information contained within the site is periodically updated, no guarantee is given that the information provided in this Web site is correct, complete, and up-to-date. Although the CBNO Web site may include links providing direct access to other Internet resources, including Web sites, CBNO is not responsible for the accuracy or content of information contained in these sites. Links from CBNO to third-party sites do not constitute an endorsement by CBNO of the parties or their products and services. The appearance on the Web site of advertisements and product or service information does not constitute an endorsement by CBNO, and CBNO has not investigated the claims made by any advertiser. Product information is based solely on material received from suppliers.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE CBNO AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPLICITLY SET FORTH IN THIS AGREEMENT.
IDENTIFICATION OF AFFILIATES
We may identify you or your Site as a participant in the CBNO without providing you prior notice or obtaining your specific written consent. Such identification may be oral, written, or electronic, and may include, but is not limited to, public announcements, promotional materials, internal and external reports, and public filings.
NON-ASSIGNMENT AND SUCCESSORS
You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any assignment or transfer in violation of the foregoing shall be null and void. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against, the parties and their respective successors and assigns.
SCOPE OF AGREEMENT.
This Agreement constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements or representations between the parties.
This Agreement will be governed by the laws of the United States and the state of Missouri, without reference to rules governing choice of laws. We shall not be liable hereunder by reason of any failure or delay in the performance of our obligations on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes, Internet outages, acts of God, acts of war, acts of terrorism, governmental action, or any other cause that is beyond our reasonable control.
As used herein, certain capitalized words (or any variation thereof) shall have the meaning as herein provided. Any conflict between said capitalized words and any other meaning shall be resolved as herein provided. Unless otherwise stated above, all notices and other communications required or permitted hereunder shall be in writing and shall be delivered personally or transmitted by e-mail to us Email ADDY.
If the person entering into this Agreement is acting on behalf of his or her company or organization, such person hereby represents to CBNO that he or she has all requisite power and authority to enter into this Agreement on behalf of such company or organization, that this Agreement has been duly authorized by such company or organization and that this Agreement will constitute a legal, valid, an binding obligation of such company or organization. Such person hereby agrees to indemnify and hold harmless CBNO from any and all claims, damages and expense (including without limitation attorney's fees) arising from any breach of this section.
Catholic Business Network of the Ozarks, The Springfield Catholic Schools and The Catholic Diocese of Springfield~Cape Girardeau (hereafter collectively CBNO) provides the [www address] Web site as a service to the public and Web site owners.
CBNO is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the site. While the information contained within the site is periodically updated, no guarantee is given that the information provided in this Web site is correct, complete, and up-to-date.
Although the CBNO Web site may include links providing direct access to other Internet resources, including Web sites, CBNO is not responsible for the accuracy or content of information contained in these sites.
Links from CBNO to third-party sites do not constitute an endorsement by CBNO of the parties or their products and services. The appearance on the Web site of advertisements and product or service information does not constitute an endorsement by CBNO, and CBNO has not investigated the claims made by any advertiser. Product information is based solely on material received from suppliers.