Terms and Conditions
Mettle Child, Inc. maintains this Site (materials, electronic products and/or services) in order to provide you with information about our ministry, and to enable you to interact with us online. The terms "Mettle Child, Inc.", "Mettle Child", "we", and "our" are used in this site for purposes of convenience and are intended to refer to Mettle Child, Inc. and/or its affiliates, subsidiaries or related parties either individually or collectively, as the context may require. This Agreement describes our understanding with you when you visit this Site and use our materials, electronic products and/or services. Your use of this Site, our materials, electronic services and products, and/or downloading of materials from this Site constitutes your agreement to the Terms and Conditions set forth and any Terms and Conditions that may be outlined elsewhere on this Site.
Without limiting any other terms or conditions, the permission to use this Site, materials, electronic products and/or services, including our name and logo and/or links bearing our name and logo, is subject to the following:
◦ Use of our name and logo or links bearing our name and logo may not indicate or create an impression that Mettle Child will
benefit from the sale of any good or service; nor indicate or create an impression that Mettle Child endorses, approves,
sponsors or is affiliated with your products, goods, services or your website.
◦ Links bearing our name and logo may only be used for the purpose of linking to Mettle Child's Site as designated within the
link.
◦ Our name and logo and/or link bearing our name and logo may not appear more prominently than your personal, company,
product or service website name.
◦ You will not transfer, assign, sell, reproduce, distribute or otherwise exploit our name and logo or your link to us.
◦ Our name and logo and/or link bearing our name and logo may not appear on any pages of any websites that include content
or advertising for alcoholic beverages, tobacco, pornography, religious material, partisan material, political material, or
firearms.
◦ Appropriate action by Mettle Child may include, but is not limited to, the revocation of the right to use our name and logo
and/or any links bearing our name and logo, in which event you agree to remove our name and logo and/or the links bearing
our name and logo within two business days of notice of revocation.
It is improper, and may be a violation of law, for you to post or download and distribute any material that you do not own or for which you do not have permission to use.
Please Note: Violation of someone's copyright, trademark, or other intellectual property rights may subject you to civil and/or criminal penalties.
Additional Terms
These Terms and Conditions constitute the entire understanding between the parties pertaining to the subject matter hereof and supersede all previous communications, proposals, representations and agreements, whether oral or written, relating to the subject matter hereof. If any portion of any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable, in whole or in part, (i) such unenforceable portion of the provision shall be deemed severed from these Terms and Conditions, (ii) the validity and enforceability of the remaining portion of the provision and the other provisions of these Terms and Conditions shall not be affected or impaired, and (iii) these Terms and Conditions shall be amended in order to effect, to the maximum extent allowable by law, the original intent of such provision. The provisions of these Terms and Conditions that, by their nature, survive the expiration or earlier termination of these Terms and Conditions or of this Site, shall continue and remain in full force after the expiration or earlier termination of these Terms and Conditions or this Site, including without limitation, any provisions regarding indemnification of Mettle Child, intellectual property ownership, the disclaimer of any warranties by Mettle Child, or the limitation of Mettle Child’s liability. Neither the failure of a party to enforce at any time any of the provisions of these Terms and Conditions nor the granting of any time or other indulgence shall be construed as a waiver of that provision or of the right of that party thereafter to enforce that or any other provision.
Unless expressly set forth otherwise, no right or remedy granted by any provision of these Terms and Conditions is intended to be exclusive of any other right or remedy provided in these Terms and Conditions or otherwise, and each and every right and remedy shall be cumulative and shall be in addition to every other right remedy provided in these Terms and Conditions, at law, in equity, or otherwise, and the election of any one right or remedy shall not constitute a waiver of any right to pursue other rights or remedies under these Terms and Conditions, at law, in equity, or otherwise.
Governing Law and Jurisdiction
Access to this Site and any and all information, content and services available via this Site is governed by all applicable federal, state, provincial and local laws, and, in the case of users resident outside of the United States, you may also be subject to additional laws of the country where you reside. You are responsible for compliance with the laws of your jurisdiction and any other applicable law.
This Site is controlled by Mettle Child, which is based in Mobile County, Alabama. By accessing this Site, you agree that the statutes and laws of the State of Alabama, without regard to conflicts of laws principals thereof, will apply to all matters arising from or relating to use of this Site, or any information, content or services available via this Site. In the event that any claim, dispute or other controversy arising out of this Site, any information, content or services available via this Site, these Terms and Conditions, or any other terms or conditions governing this Site (including, without limitation, the Privacy Policy, Service Terms and Conditions, Linking Policy, Copyright Policy, Sales Terms and Conditions, or Return and Exchange Policies) cannot be amicably settled through good faith negotiations, you hereby irrevocably consent to the jurisdiction of the federal and state courts in Mobile County, Alabama as the exclusive forum and venue for the resolution of such disputes, and further waive and agree not to assert as a defense or otherwise, that (i) you are not personally subject to the jurisdiction of the above-named courts, (ii) the suit, action or proceeding is brought in an inconvenient forum, or (iii) the venue of the suit, action or proceeding is improper.
Merchandise
All merchandise purchased from Mettle Child on this Site is subject to Mettle Child’s standard Sales Terms and Conditions, which contain certain warranty and liability limitations. All returns and exchanges of merchandise purchased from Mettle Child on this Site are subject to Mettle Child's standard Return and Exchange Policy.
Use of Services
While accessing and using this Site, you may be provided certain services such as website development tools and the use of a fundraising web space that can be personalized with your own content or otherwise to create a personal webpage (a "Personal Homepage"), or the ability and create unique videos using Mettle Child provided content as well as your own personal pictures ("Videos"). In such event, any use of the services will, in addition to these Terms and Conditions, also be subject to our Service Terms and Conditions.
Disclaimer of Liability
This Site contains general information and may contain errors, omissions and inaccuracies. Mettle Child assumes no liability or responsibility for any such errors, omissions or inaccuracies or any other limitation that may arise in relation to this Site. This Site (including the content and information found on this Site) should not be relied upon for any personal, commercial or financial matters, and you should consult an appropriate professional for advice based on your specific circumstances.
You hereby agree that you will hold indemnify, defend, and hold harmless Mettle Child and its officers, directors, employees, and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this Site, including any information or material viewed or downloaded from this Site or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, or defamatory.
Communication and Privacy
Mettle Child is the sole owner of this Site. Mettle Child reserves the right to make any modification and/or change to the information provided herein at any time for any reason, without notice to you. You acknowledge and agree that you are responsible for keeping abreast of any such changes. If you have any questions about our Site terms of use and policies, you may Contact Us.
Without limiting any other terms or conditions, the permission to use this Site, materials, electronic products and/or services, including our name and logo and/or links bearing our name and logo, is subject to the following:
◦ Use of our name and logo or links bearing our name and logo may not indicate or create an impression that Mettle Child will
benefit from the sale of any good or service; nor indicate or create an impression that Mettle Child endorses, approves,
sponsors or is affiliated with your products, goods, services or your website.
◦ Links bearing our name and logo may only be used for the purpose of linking to Mettle Child's Site as designated within the
link.
◦ Our name and logo and/or link bearing our name and logo may not appear more prominently than your personal, company,
product or service website name.
◦ You will not transfer, assign, sell, reproduce, distribute or otherwise exploit our name and logo or your link to us.
◦ Our name and logo and/or link bearing our name and logo may not appear on any pages of any websites that include content
or advertising for alcoholic beverages, tobacco, pornography, religious material, partisan material, political material, or
firearms.
◦ Appropriate action by Mettle Child may include, but is not limited to, the revocation of the right to use our name and logo
and/or any links bearing our name and logo, in which event you agree to remove our name and logo and/or the links bearing
our name and logo within two business days of notice of revocation.
It is improper, and may be a violation of law, for you to post or download and distribute any material that you do not own or for which you do not have permission to use.
Please Note: Violation of someone's copyright, trademark, or other intellectual property rights may subject you to civil and/or criminal penalties.
Additional Terms
These Terms and Conditions constitute the entire understanding between the parties pertaining to the subject matter hereof and supersede all previous communications, proposals, representations and agreements, whether oral or written, relating to the subject matter hereof. If any portion of any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable, in whole or in part, (i) such unenforceable portion of the provision shall be deemed severed from these Terms and Conditions, (ii) the validity and enforceability of the remaining portion of the provision and the other provisions of these Terms and Conditions shall not be affected or impaired, and (iii) these Terms and Conditions shall be amended in order to effect, to the maximum extent allowable by law, the original intent of such provision. The provisions of these Terms and Conditions that, by their nature, survive the expiration or earlier termination of these Terms and Conditions or of this Site, shall continue and remain in full force after the expiration or earlier termination of these Terms and Conditions or this Site, including without limitation, any provisions regarding indemnification of Mettle Child, intellectual property ownership, the disclaimer of any warranties by Mettle Child, or the limitation of Mettle Child’s liability. Neither the failure of a party to enforce at any time any of the provisions of these Terms and Conditions nor the granting of any time or other indulgence shall be construed as a waiver of that provision or of the right of that party thereafter to enforce that or any other provision.
Unless expressly set forth otherwise, no right or remedy granted by any provision of these Terms and Conditions is intended to be exclusive of any other right or remedy provided in these Terms and Conditions or otherwise, and each and every right and remedy shall be cumulative and shall be in addition to every other right remedy provided in these Terms and Conditions, at law, in equity, or otherwise, and the election of any one right or remedy shall not constitute a waiver of any right to pursue other rights or remedies under these Terms and Conditions, at law, in equity, or otherwise.
Governing Law and Jurisdiction
Access to this Site and any and all information, content and services available via this Site is governed by all applicable federal, state, provincial and local laws, and, in the case of users resident outside of the United States, you may also be subject to additional laws of the country where you reside. You are responsible for compliance with the laws of your jurisdiction and any other applicable law.
This Site is controlled by Mettle Child, which is based in Mobile County, Alabama. By accessing this Site, you agree that the statutes and laws of the State of Alabama, without regard to conflicts of laws principals thereof, will apply to all matters arising from or relating to use of this Site, or any information, content or services available via this Site. In the event that any claim, dispute or other controversy arising out of this Site, any information, content or services available via this Site, these Terms and Conditions, or any other terms or conditions governing this Site (including, without limitation, the Privacy Policy, Service Terms and Conditions, Linking Policy, Copyright Policy, Sales Terms and Conditions, or Return and Exchange Policies) cannot be amicably settled through good faith negotiations, you hereby irrevocably consent to the jurisdiction of the federal and state courts in Mobile County, Alabama as the exclusive forum and venue for the resolution of such disputes, and further waive and agree not to assert as a defense or otherwise, that (i) you are not personally subject to the jurisdiction of the above-named courts, (ii) the suit, action or proceeding is brought in an inconvenient forum, or (iii) the venue of the suit, action or proceeding is improper.
Merchandise
All merchandise purchased from Mettle Child on this Site is subject to Mettle Child’s standard Sales Terms and Conditions, which contain certain warranty and liability limitations. All returns and exchanges of merchandise purchased from Mettle Child on this Site are subject to Mettle Child's standard Return and Exchange Policy.
Use of Services
While accessing and using this Site, you may be provided certain services such as website development tools and the use of a fundraising web space that can be personalized with your own content or otherwise to create a personal webpage (a "Personal Homepage"), or the ability and create unique videos using Mettle Child provided content as well as your own personal pictures ("Videos"). In such event, any use of the services will, in addition to these Terms and Conditions, also be subject to our Service Terms and Conditions.
Disclaimer of Liability
This Site contains general information and may contain errors, omissions and inaccuracies. Mettle Child assumes no liability or responsibility for any such errors, omissions or inaccuracies or any other limitation that may arise in relation to this Site. This Site (including the content and information found on this Site) should not be relied upon for any personal, commercial or financial matters, and you should consult an appropriate professional for advice based on your specific circumstances.
You hereby agree that you will hold indemnify, defend, and hold harmless Mettle Child and its officers, directors, employees, and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this Site, including any information or material viewed or downloaded from this Site or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, or defamatory.
Communication and Privacy
Mettle Child is the sole owner of this Site. Mettle Child reserves the right to make any modification and/or change to the information provided herein at any time for any reason, without notice to you. You acknowledge and agree that you are responsible for keeping abreast of any such changes. If you have any questions about our Site terms of use and policies, you may Contact Us.