Read This Terms of Service Agreement Before Accessing Website.
Effective Date: This Terms of Service Agreement was last updated on March 21, 2006.
This Terms of Service Agreement sets forth the standards of use of the Caleb's Cafe Online Service for Registered Members. By using the calebscafe.com website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at calebscafe.com. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of Service
Caleb's Cafe provides Members with a user account which allows for participation in one or more Caleb's Cafe groups. Caleb's Cafe provides the means for Groups to create and manage a Caleb's Cafe group site. Members must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection. Access to invitation-only groups is dependent upon the permission of that group's designated group leader. Group sites are provided features according to the current Subscription Plan chart available at calebscafe.com, according to the terms in this document, and in accordance with Caleb's Cafe Guidelines.
Disclaimer of Warranties.
The site is provided by Caleb's Cafe on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Caleb's Cafe makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Caleb's Cafe shall have no liability for any interruptions in the use of this Website. Caleb's Cafe disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Limitation of Liability
Caleb's Cafe SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR CALEB'S CAFE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF CALEB'S CAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Indemnification
Member agrees to indemnify and hold Caleb's Café nor Smyth & Helwys Publishing or its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
Member Account
All Members of the Service will receive a password and an account. Members are entirely responsible for any and all activities that occur under their account whether authorized or not authorized. Member agrees to notify Caleb's Cafe of any unauthorized use of Member's account or any other breach of security known or should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Caleb's Cafe. Members agree to use the Service in accordance with the Caleb's Cafe Guidelines.
6. Payment, Refunds, Upgrading and Downgrading Terms
Group Leaders are responsible for managing payments for Silver and Gold Subscription Plans, and must use a valid credit card. (Free accounts are not required to provide credit card information.) The credit card will be immediately charged when the Group Leader creates a new group with the Silver or Gold Subscription Plan. The same credit card will be billed monthly starting on the 30th day after the initial creation date for your account. For an upgrade or downgrade from a Silver or Gold Subscription Plan, the credit card provided by the Group Leader at group creation will automatically be charged the new rate on your next billing date.
Silver and Gold Subscription Plans are billed in advance on a monthly basis and this payment is non-refundable. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. Silver and Gold Subscription Plan fees are exclusive of all taxes. Downgrading your Service may cause the loss of content, features, or storage capacity for your group's site. Caleb's Cafe does not accept any liability for such loss.
7. Cancellation and Termination
The Group Leader is solely responsible for properly canceling your account. A phone request or email requesting cancellation account is not considered cancellation. The Group Leader can cancel an account at any time by clicking on the Group Settings link on your group's homepage, then on the Subscription Plan link (scroll to bottom of page for cancellation information). Upon cancellation, all content relating to your group's Caleb's Cafe site will be immediately deleted, including messages, comments, photos and files. This data cannot be restored or accessed once your account is cancelled. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Caleb's Cafe, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Caleb's Cafe reserves the right to refuse service to anyone or any group for any reason at any time.
8. Modifications and Interruption to Service
Caleb's Cafe reserves the right to modify or discontinue the Service with or without notice to the Member. Caleb's Cafe shall not be liable to Member or any third party should Caleb's Cafe exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Caleb's Cafe does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
9. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of service and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.
10. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Caleb's Cafe makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Caleb's Cafe makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
11. Governing Jurisdiction of the Courts
Our website is operated and provided in the State of Georgia. As such, we are subject to the laws of the State of Georgia, and such laws will govern this Terms of Service, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Georgia.
12. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
13. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006 Smyth & Helwys Publishing, with all rights reserved, or is the property of Caleb's Cafe and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Caleb's Cafe is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Smyth & Helwys Publishing.
Caleb's Cafe™ is a proprietary mark of Smyth & Helwys Publishing, Inc.. Smyth & Helwys Publishing, Inc.'s trademarks may not be used in connection with any product or service that is not provided by Smyth & Helwys Publishing in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Caleb's Cafe or Smyth & Helwys Publishing, Inc.
All other trademarks displayed on the Caleb's Cafe website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with discredits Caleb's Cafe or Smyth & Helwys Publishing, Inc..
14. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Smyth & Helwys Publishing designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail:
Caleb's Cafe Editor
Smyth & Helwys Publishing
6316 Peake Road
Macon, GA 31210
By Telephone: 478-757-0564
By Email: support@calebscafe.com
15. Botnets
Caleb's Cafe retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Caleb's Cafe reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
16. Other Terms
If any provision of this Terms of Service Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Service Agreement and any other agreements referenced herein may be assigned by Caleb's Cafe, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Service Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Service Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
