The International Christian Coaching Institute (ICCI) is pleased to provide to you its sites, software, applications, content, products, and services (ICCI Services), which may be branded ICCI, The Hope Together Network, LLC (HTN), Hope for the Heart (HFTH), Keys for Coaching, or another brand owned, licensed by or affiliated with HFTH or HTN. These terms govern your use and our provision of the ICCI Services on which these terms are posted, as well as ICCI Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the ICCI Services.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE ICCI SERVICES.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
This is a contract between you and Hope Together Network, LLC, a Texas nonprofit religious corporation, located at 2001 W. Plano Parkway, Suite 1000, Plano, Texas 75075, USA, or between you and any different service provider identified for a particular ICCI Service. You must read and agree to these terms before using the ICCI Services. If you do not agree, you may not use the ICCI Services. These terms describe the limited basis on which the ICCI Services are available and supersede prior agreements or arrangements.
Supplemental terms and conditions may apply to some ICCI Services, such as rules for a particular competition, service or other activity, or terms that may accompany certain content or software accessible through the ICCI Services. Supplemental terms and conditions will be disclosed to you in connection with such competition, service or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.
We may amend these terms. Any such amendment will be effective thirty (30) days following our posting of the amendment on the ICCI Services. If you do not agree to any change to these terms, you must discontinue using the ICCI Services. Our customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing. We may immediately terminate this contract with respect to you (including your access to the ICCI Services) if you fail to comply with any provision of these terms.
If an ICCI Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.
You may not circumvent or disable any content protection system or digital rights management technology used with any ICCI Service; decompile, reverse engineer, disassemble or otherwise reduce any ICCI Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any ICCI Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any ICCI Service in violation of United States export control and economic sanctions requirements. By acquiring services, content or software through the ICCI Services, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.
THE ICCI SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS. WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000.00). THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
The ICCI Services may allow you, the user, to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content that you have created (“User Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership to your User Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the ICCI Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
We have the right, but not the obligation, to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through an ICCI Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Some ICCI Services permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
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. In addition, we may suspend or terminate your account and your ability to use the ICCI Services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving the ICCI Services. The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.
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 sale 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 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.
Your competition entry is User Generated Content and subject to all provisions of these terms that govern your submission and our use of your User Generated Content. We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental authorization was not provided. Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.
We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice. We will do so if it cannot be guaranteed the competition can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information, or acted unethically. If we cancel or terminate a competition, prizes may be awarded in any manner we deem fair and appropriate consistent with local laws governing the competition.
To enter a competition, you must be a registered user of the ICCI Services. In some cases, you may be required to have an active account with current contact information. No purchase is necessary to enter a competition and a purchase will not improve your chances of winning. Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the competition. If you are under age 18 (or the age of majority under applicable law) and the competition is open to you, we may need your parent or guardian’s permission before we can accept your entry. We reserve the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law. Potential winners who are residents in jurisdictions where competitions require an element of skill may be required to answer a mathematical test in order to be eligible to win a prize.
No cash or alternative prizes are available, except that we (or the party providing a prize) reserve the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred (except to a child or other family member, if allowed by the Official Rules of any particular ICCI contest) or sold by winners. Only the number of prizes stated for the competition are available to be won and all prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided in connection with the competition, after which no alternate winners will be selected or unclaimed prizes awarded. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize. All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.
Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants us an unconditional right to us to use your name, town or city and state, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.
You and ICCI agree to arbitrate all disputes between you and ICCI or its affiliates, except disputes relating to the enforcement of ICCI or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the ICCI Services or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.
In the event of a dispute, you or ICCI must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to ICCI, 2001 W. Plano Parkway, Suite 1000, Plano, Texas 75075, USA, and Attention: Legal Department/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and ICCI will attempt to resolve a dispute through informal negotiation within sixty (60) calendar days from the date the notice of dispute is sent. After sixty (60) calendar days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and ICCI do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in Dallas County, Texas, United States of America, and you and ICCI agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor ICCI will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
On our website, there are a variety of ways to interact with us that may require or request your Personally Identifiable Information.
Unsubscribing to E-mail – ICCI wants to make it easy to unsubscribe to e-mails we send to you. Just look for the “Unsubscribe” link at the bottom of any e-mail we send and follow the instructions there. You can unsubscribe at any time for any reason. In addition, you may contact us by using the Contact link on the website.
In order for you to access certain services and to purchase products that we offer on the website, we sometimes require you to provide us with Personally Identifiable Information that may include:
ICCI always uses industry-standard encryption technologies when transferring and receiving consumer data exchanged with our site. ICCI has implemented appropriate security measures in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, we cannot guarantee or warrant the security of any information you transmit to or from our website, and you do so at your own risk. Once we receive your transmission, we will do our best to protect its security on our systems. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, ICCI SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTION OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR VISITOR, EVEN IF ICCI HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ICCI DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER OR VISITOR SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER OR VISITOR IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN LOGIN INFORMATION.
EACH CUSTOMER OR VISITOR SHOULD BE AWARE THAT ICCI IS NOT RESPONSIBLE FOR DELAY, NON-DELIVERY OR NON-RECEIPT OF ANY INFORMATION EXCHANGED BETWEEN ICCI AND THE CUSTOMER OR VISITOR OR VICE-VERSA DUE TO INTERNET CONNECTIVITY PROBLEMS, MAN-MADE OR NATURAL DISASTERS, FORCE MAJEURE, COMPUTER MALFUNCTIONS OR INCORRECT CONTACT INFORMATION SUPPLIED BY THE CUSTOMER OR VISITOR.
ICCI COOPERATES WITH INQUIRIES FROM LAW ENFORCEMENT AGENCIES AND WILL ASSIST IN ATTEMPTING TO IDENTIFY A CUSTOMER OR VISITOR WHEN ICCI IS REQUIRED BY LAW TO DO SO OR WHEN ICCI, IN THE EXERCISE OF ITS JUDGMENT, DETERMINES IT IS NECESSARY TO PROTECT ITSELF, ITS WEBSITE, SERVICES, CUSTOMERS AND OTHERS.
If you need to update, change or delete your Personally Identifiable Information, please contact us at ICCI, Attention: Legal Department, 2001 W. Plano Parkway, Suite 1000, Plano, Texas 75075, phone us at 1-800-488-HOPE (4673), or email us at [email protected].