Terms & Conditions
Terms & Conditions
Because The Rock of Ages Ministries cannot possibly govern or be responsible for words or actions from an individual Leader / Director, or multi Leaderships of Yes Clubs International (YCI), the Rock of Ages Ministries feel the statements of the following terms and conditions are necessary in order to protect and maintain the integrity of all Rock of Ages Ministries. It is necessary that you read and agree with the following paragraphs before you are allowed to become a sponsor or sponsorship of Yes Clubs International (YCI). As a Yes Club International (YCI) Leader / Director, I/we understand that I/we act as an independent organization using the Yes Club International name and materials. I/we are not representing the Rock of Ages Ministries as missionaries or otherwise in any way. With the $100.00 start up kit, I/we will receive a start up kit that consists of (4) YCI posters, (50) YCI business cards, (50) YCI post cards, (25) Yes Club brochures, (25) Character Under Construction brochures, only (2) Character Under Construction lessons, and (2) Emotional Concept Lessons. Also YCI Leader / Director will be allowed to use the Yes Club International website to purchase YCI materials at discounted prices from YCI regular pricing. Through the materials purchased, I am in no way representing the Rock of Ages Ministries, only using the materials to promote my/our independent Yes Club. The Yes Clubs are designed to teach, equip, and empower the youth anywhere in the world, with the character, morals, and ethics, as found in the authorized King James Bible. I understand that a Yes Club is to be well balanced between Bible teachings, preaching, study, and fun games. To have a proper balance, Yes Club International suggests that fun games and Bible teaching, preaching, and study, be given equal time if at all possible at each meeting. I/we will not hold the Rock of Ages Ministries responsible for any club failures or possible litigations as a result of my/our independent Yes Club that I/we conduct. Any court cost, lawyers fee, or payments of any settlement or lawsuit that could result from my/our independent Yes Club is strictly my or my organization’s responsibility to pay and not that of the Rock of Ages Ministries. All cost of materials purchased through the website or otherwise is strictly my/our independent Yes Club responsibility. All sales taxes, and shipping and handling charges, are to be paid by me/our organization. LEGAL NOTICE — PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.ANY ACCESS OR USE OF THIS YES CLUBS INTERNATIONAL (YCI) ONLINE WEBSITE, INCLUDING ANY SERVICES OR INFORMATION ON THE WEBSITE, COLLECTIVELY OR INDIVIDUALLY, AS THE CASE MAY BE (THE “SITE”) IS SUBJECT TO THE TERMS AND CONDITIONS OF USE SET FORTH IN THIS DOCUMENT AS THEY ARE AMENDED FROM TIME TO TIME BY YCI (THE “TERMS”). THIS IS AN ONLINE WEBSITE OF YES CLUBS INTERNATIONAL, PRODUCERS OF SCHOOL CLUBS THAT FOSTER GROWTH AND GODLINESS IN THE LIVES OF YOUTH. BY ACCESSING, COPYING, OR OTHERWISE USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS. YCI MAY CHANGE THE TERMS FROM TIME TO TIME AS NEEDED AT ITS SOLE DISCRETION. YOUR USE OF THE SITE AFTER SUCH CHANGES SHALL CONSTITUTE YOUR AGREEMENT TO ABIDE BY THE TERMS AS CHANGED. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE SITE. 1. GENERAL SITE USE. 1.1 Personal and Internal Business Use Only and Copyright. Unless otherwise specified, the Site is for your personal and internal business use only. The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Except as otherwise expressly permitted on the Site, the Site and its material may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without YCI’s prior written permission and is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Except as expressly provided herein, YCI does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. 1.2 Links to Other Materials. Linked Web sites on the Site are not under the control of YCI, and YCI is not responsible for the content of any linked site or any link contained in a linked site. YCI reserves the right to terminate any link or linking program at any time. YCI provides such links only as a convenience to you. YCI has not endorsed, tested, or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to this Site, you do so entirely at your own risk. 1.3 Termination of Membership. YCI reserves the right, in its sole discretion, to terminate or suspend any membership to YCI at any time, with proper cause. Upon termination of your membership in YCI, your right to use YCI immediately ceases. 1.4 You may terminate your YCI membership at any time, with or without cause. 1.5 Membership usage. YCI allows you to have additional family household members access your YCI membership. You are solely responsible for all usage of the membership account. You shall not assign, transfer, resell, sublicense, or otherwise distribute your right or access to your YCI membership. Your YCI membership is for your personal and household usage only. 1.6 You represent and warrant that: (1) you are a part of the Yes Club in your school; (2) all information that you submit is true and accurate; and (3) you are an individual authorized to provide the membership information. You agree to comply with your responsibilities and obligations as stated in these Terms and Conditions. 2. TRADEMARKS.Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of YCI, Yes Clubs International, or other trademark owners as indicated. The absence of a product or service name or logo from this site does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo. 3. DISCLAIMER OF WARRANTIES. 3.1 General. YCI MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR INFORMATION WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. YCI UNDERTAKES NO OBLIGATION TO UPDATE, AMEND, OR CLARIFY THE SITE. 3.2 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS IS” AND WITH ALL FAULTS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. YCI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND INFORMATION, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE. THE ENTIRE RISK ARISING OUT OF USE OF THE SITE AND INFORMATION REMAINS WITH YOU. 4. LIMITATION OF LIABILITY AND REMEDIES. 4.1 Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YCI BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE, EVEN IF YCI KNOWS OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE AND YOUR MEMBERSHIP IN THE SITE. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. 4.2 Indemnification. You agree to defend, indemnify, and hold YCI harmless from and against any and all claims, liabilities, demands, penalties, forfeitures, suits, judgments, and the associated costs and expenses (including attorney’s fees), which YCI may hereafter incur, become responsible for, or pay out arising out of your use of the Site or your breach of any term or provision of these Terms. 5. GENERAL TERMS. 5.1 Modification. YCI reserves the right at any time and at its sole discretion to change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges associated with the use of the Site. YCI may revise the Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of the Terms may be superseded by expressly designated legal notices given to you or terms located on particular pages at the Site. YCI also reserves the right at any time and at its sole discretion to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that YCI shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. 5.2 Assignment. You may not assign any rights in, nor delegate any obligations under, the Terms or any portion thereof without the written consent of YCI. Any attempt to do so shall be deemed a breach of the Terms. 5.3 Jurisdiction. THESE TERMS SHALL BE GOVERNED BY AND INTERPRETED ACCORDING TO THE LAWS OF THE STATE OF TENNESSEE, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YCI AND THE SUBSCRIBER AGREE THAT ALL DISPUTES AND LITIGATION REGARDING THESE TERMS AND MATTERS CONNECTED WITH ITS PERFORMANCE OR RELATING TO THE USE OF THE WEB SITE AND INFORMATION SHALL BE SUBJECT TO, AND THEY EACH CONSENT TO JURISDICTION AND VENUE IN, THE STATE AND FEDERAL COURTS IN TENNESSEE. USE OF THE SITE IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISION OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THIS SECTION. 5.4 Equitable Relief. You recognize and acknowledge that a breach by you of any of its obligations under the Terms will cause YCI irreparable damage, which cannot be readily remedied by monetary damages in an action at law. Accordingly, in the event of any default or breach by you, including any action by you that could cause some loss or dilution of YCI’s goodwill, reputation, or rights in the Site, YCI shall be entitled to an immediate injunction in addition to any other remedies available, to stop or prevent such irreparable harm, loss, or dilution. 5.5 Entire Agreement. The Terms embody the entire agreement and understanding between YCI and you with respect to the subject matter of the Terms and supersedes all prior oral or written agreements and understandings relating to the subject matter of the Terms. No statement, representation, warranty, covenant, or agreement of any kind not expressly set forth in the Terms shall affect, or be used to interpret, change, or restrict, the express terms and provisions of the Terms. Rights & PermissionsPERMISSIONS/COPYRIGHTED MATERIALPlease contact the Rights and Permissions Department if you would like to use an excerpt or copyrighted material from Yes Clubs International. In order to inquire about permission to reprint copyrighted material, you must contact us in writing(by e-mail or by letter). Your letter must include: • Specific material from the copyrighted material you’d like to use. • The way in which you’d like to use the material. Please be as specific as possible i.e., commercial or non-commercial, for personal use or to distribute, classroom educational material, newsletters, bulletins, etc.