Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Date Last Updated: July 7th, 2020

1. OVERVIEW

This website located at www.frankdamazio.com (“Site”) is operated by Frank Damazio Ministries (“FD Ministries”). Throughout the Site, the terms “we”, “us” and “our” refer to FD Ministries. We offer this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The terms “you”, “customer(s)”, the “shopper”, and/or the “buyer” collectively refer to “You” or the “User”.

This is a binding legal agreement. Please read these Terms of Service carefully before accessing or using our Site. By accessing, visiting, or using any part of the Site, or purchasing anything from us, You engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” and/or “Terms”), including without implied limitation those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all Users of the Site, including without implied limitation users who are browsers, vendors, and/or customers. If You do not agree to all the terms and conditions of this agreement, then You may not access the Site or Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service and any counteroffer is hereby rejected. Any new products, features, or tools which are added to the current Site also shall be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this Site. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check the Site for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

2. ELIGIBILITY

The Service, including the Site, is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to minors. If You do not qualify, You may not use the Service. You warrant that You are eighteen (18) years of age or older to use our Service in any way.

3. PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and all sales are final. Requests for return or exchange will be considered in our sole discretion. We attempt to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate or that products will conform to the images on the Site. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by You will meet your expectations, or that any errors in the Service will be corrected.

4. OPTIONAL TOOLS

We may, in the future, offer new services and/or features through the Site (including, the release of new tools, materials, classes, and resources). Such new features and/or services are also subject to these Terms of Service. Such new features and/or services may include access to third-party tools which we neither monitor nor do we have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by You of optional tools offered through the Site is entirely at your own risk and discretion and You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

5. INTELLECTUAL PROPERTY POLICY

Unless otherwise specified, all materials appearing on this Site, including without implied limitation the text, site design, logos, graphics, icons and images on this Site, as well as the selection, assembly and arrangement thereof, (the “Site Material”) are the sole property of FD Ministries, Copyright ©2020, ALL RIGHTS RESERVED. By using this Site, You agree to be bound by the intellectual property policy as set forth in this section. You may use the content of this Site only for the purpose of shopping in this store or placing an order and for no other purpose. No Site Materials may be copied, reproduced, modified, republished, resold, uploaded, posted, transmitted or distributed in any form or by any means without prior written permission and consent of FD Ministries. All rights not expressly granted herein are reserved. In doing so, You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Site Material. Modification or use of the Site Material except as expressly provided in these Terms violates FD Ministries’ intellectual property rights. Neither title nor intellectual property rights are transferred to You by access to the Site. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

6. LIMITED LICENSE TO SITE MATERIAL

FD Ministries grants You a limited, revocable, and non-transferrable license to view and download a single copy of the Site Material, to the extent necessary for You to access this Site. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy You make of such material. You may not sell or modify the Site Material or reproduce, display, distribute or otherwise use the Site Material in any way for any commercial purpose. Use of the Site Material on any other website or in any networked environment is prohibited. The names, marks and logos appearing on the Site or included in the Site Material are, unless otherwise noted, trademarks owned by or licensed to FD Ministries. Unauthorized use of the Site Material violates copyright, trademark and other intellectual property laws.

7. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request You send certain specific submissions, or without a request from us You send creative ideas, suggestions, proposals, plans, feedback, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium such Comments. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or the
Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by You or any third-party.

8. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, You are prohibited from using the Site or its content: (a) for any unlawful or unauthorized purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or on the Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or the Site, other websites, or the Internet. We reserve the right to refuse or terminate service or use of the Service or Site to anyone for any reason or no reason at any time.

9. ACCURACY, COMPLETENESS AND TIMELINESS OF SITE MATERIAL

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site. Occasionally there may be information on our Site or in our Site Materials that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on the Site is inaccurate at any time without prior notice (including after You have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on the Site, should be taken to indicate that all information in the Service or on the Site has been modified or updated.

10. PRIVACY / PERSONAL INFORMATION

Personal information received by or through the Service is governed by our Privacy Statement. To view our Privacy Statement click here.

11. PRIVACY ON OTHER WEB SITES

Other sites accessible through our Site have their own privacy policies and data collection practices. Please consult each site’s privacy policy for more information. FD Ministries is not responsible for the actions of third parties.

12. SECURITY

Our Site is hosted by Kajabi They provide us with the online e-commerce platform that allows us to sell products and services to You. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

13. BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order You place with us. We may, in our sole discretion, limit or cancel quantities purchased per-person, -household, -order, or otherwise. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders for any reason, including any that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made through our Site. You agree to promptly update your account and other information including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact You as needed.

14. CREDIT CARDS

FD Ministries accepts credit cards as a form of payment. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e., the address and phone number your credit card bank has on file for You). Incorrect information may cause a delay in processing your order. In an event of speculated fraud, we will be in contact with you to best understand before processing your order.

15. FREE SHIPPING

Typically, free shipping promotions apply only to those orders shipping within the United States. If You qualify for free shipping, the ‘Free Shipping’ shipping method will be available to You during check out. You can forgo the free shipping option and choose and expedited option at any time. FD Ministries typically ships with USPS during our Free Shipping promotions. FD Ministries reserves the right to use any available shipping method when Free Shipping is chosen by the Customer.

16. MULTIPLE PRODUCT ORDERS

For multiple product orders, we will make every attempt to ship all items contained in that order at the same time. Orders containing per-sale products will ship when the pre-sale product is released. We will contact You regarding any orders of out-of-stock items for your guidance on how to process the order, including but not limited to, processing your order at a later date or cancelling and refunding your order. Any questions may be directed to www.frankdamazio.com/contact.

17. ORDER ACCEPTANCE POLICY

Your receipt of an electronic order confirmation does not signify our acceptance of your order. FD Ministries reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item. The most likely scenarios that may cause your order to not be shipped are:

 Incomplete address
 Potentially fraudulent order
 Any order containing a pre-sale item
 Any order on backorder

If we encounter any order that meets any of the criteria above, we will require further communication in order to solidify your order for processing. Any questions regarding this policy may be directed to www.frankdamazio.com/contact.

18. OUT-OF-STOCK PRODUCTS

We will ship your product as it becomes available. Usually, products ship within 5-7 business days. However, there may be times when the product You have ordered is out-of-stock or a pre-sale order, which will delay fulfillment of your order. In general, pre-sale items and any other non-digital items purchased in the same order as a pre-sale item will be released at the same time. For out-of-stock items, we will seek your guidance on how to proceed with your order, including shipping at a later date or cancelling and refunding your order. Any questions regarding unavailable or pre-sale products can be directed to www.frankdamazio.com/contact.

19. PRE-SALE RESOURCES

It is our desire to serve You best by delivering your order as requested per your shipping term selected upon checkout plus our 5-7 business day handling time. Ensuring we maintain excellent service, any order that includes a pre-sale order will be shipped at the release date noted for the pre- sale resource. If You prefer to receive any additional resources before the release of your pre-sale resource(s), please place a second order, separate from your pre-sale resource(s). If there are multiple pre-sale resources on your order, it will ship on the latest pre-sale release date. (Example: If You place your order on April 1 st for a book that releases on May 1 st (“Book 1”) and for a pre-sale book that releases on August 12 th (“Book 2”) the order will ship on August 12 th and will include both Book 1 and Book 2. Any orders that include both in-stock and pre-sale resources will be shipped at the chosen shipping method at the release date of the latest pre-sale resource. See above Example.

20. RETURNS

You may return most new, unopened items within 10 days of delivery for a full refund. You will pay the return shipping costs. We will gladly accept the return of products that are defective due to defects in manufacturing and/or workmanship. We also will pay the return shipping costs if the return is a result of our error. You should expect to receive your refund within three weeks of giving your package to the return shipper, however, in many cases You will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (2 to 4 business days), and the time it takes your bank to process our refund (2 to 4 business days).

21. SHIPPING POLICY

Orders commonly ship within 5-7 business days. For domestic orders, USPS is the preferred carrier. We provide tracking and guarantee orders shipped via USPS (if selected at purchase). Please see the below chart for estimate arrivals on available shipping methods for US customers.

Shipment Method Delivery Timeframe (from time order is placed)
Standard Shipping Delivered in up to 10 business days
Ground Delivered in up to 7 business days
Express Saver Delivered in 3-5 business days
2 Day Delivered in 2-4 business days
Overnight Delivered in 1-3 business days

Example: An order placed on Monday with FedEx Express Saver will be delivered by the following Monday. Please allow an additional 1-2 days for Hawaii & Alaska. *The timeframes above may vary during holiday periods. Free Shipping promotions are shipped using any available shipping methods at the discretion of FD Ministries. Most orders will ship via FedEx Ground, SmartPost or USPS First Class Mail or Priority Mail. Orders shipped via Standard Shipping are usually sent via FedEx SmartPost or USPS First Class Mail or Priority Mail, all of which are delivered by the USPS. FD Ministries reserves the right to use any shipping method that will ensure orders arrive within the shipping & handling times on our Shipping page. We do not accept PO Boxes for FedEx orders. Orders shipped to military addresses can only be shipped via USPS. Please add 1-3 additional handling days for orders shipped to military addresses. International Shipping: The handling times and preferred carrier above also apply to international orders. The shipping fees associated with your order do not include charges for customs clearance and any applicable brokerage charges. By placing your order, You agree to pay all additional clearance and brokerage. Orders refused for customs clearance charges will not be reshipped.

22. TAXES

Our store will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state/province where FD Ministries holds a presence. For orders shipped to
other areas, you (the buyer) are solely responsible for any sales taxes and/or other taxes that may apply.

23. TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, FD Ministries shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. FD Ministries also shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, FD Ministries will issue a refund to your card in the amount of the incorrect price.

24. THIRD-PARTY LINKS

Certain content, products and services available via our Site may include materials from third parties. Third-party links on this Site may direct You to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure You understand them before You engage in any transaction. Complaints, concerns, or questions regarding third-party products should be directed to the third party. Use of this Site includes your acknowledgement that FD Ministries is not responsible for the operation of, or content located on or throughout any such site.

25. INDEMNIFICATION

You hereby indemnify, defend and hold us and each of our owners, partners, subsidiaries, affiliates, franchisees and each of such person’s or entities’ officers, directors, agents, contractors, subcontractors, visitors, licensees, invitees, permittees and employees (collectively, the “Indemnified Parties”) harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (“Claims”) arising out of or in any way connected with these Terms, the services or products provided to You by the Site, Site Material, or any related act or failure to act by You and whether or not occasioned or contributed to by the negligence of FD Ministries or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by You of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trademark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with these Terms, any such Indemnified Party may, by reasonable notice to You, require You, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You.

26. DISCLAIMER OF WARRANTIES

ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE PUBLIC MEDIA, AND ANY USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE. INFORMATION RELATED TO OR ARISING FROM SUCH USE IS PUBLIC, OR THE PROPERTY OF THOSE COLLECTING INFORMATION, AND NOT PERSONAL OR PRIVATE INFORMATION. THIS SITE IS PROVIDED ON AN “AS IS” BASIS AND IS TO BE USED AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FD MINISTRIES DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, OF ANY KIND, REGARDING THIS SITE, SERVICES, AND PRODUCT INFORMATION. THE WARRANTIES DISCLAIMED HEREIN INCLUDE, BUT ARE NOT LIMITED IN KIND OR LIMITED TO, ACCESSIBILITY, ACCURACY, AVAILABILITY, CAPABILITY, CAPACITY, COMPATIBILITY, COMPLETENESS, DESIGN, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, SECURITY AND FREEDOM FROM COMPUTER VIRUS, SUFFICIENCY, SUITABILITY, TITLE, OR ANY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR ANY OF THE INDEMNIFIED PARTIES WILL CREATE A WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE DO NOT WARRANT THAT THE SITE OR THE SERVICE, CONTENT, SITE MATERIAL, PRODUCT INFORMATION OR FUNCTIONS CONTAINED IN THE SITE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES, CONTENT, SITE MATERIAL, PRODUCT INFORMATION OR THE SERVERS THAT MAKE THE SITE OR SUCH SERVICES, CONTENT AND SITE MATERIAL AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, SITE MATERIAL, FUNCTIONS, PRODUCT INFORMATION OR PRODUCTS AVAILABLE THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

In the event we are held liable for any damages related to such matters, your sole and exclusive remedy will be limited to reimbursement for services or products paid by You to the entity held liable which were provided by such entity. You hereby waive any and all rights to bring any Claim related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the Claim is based. The Indemnified Parties are not responsible for telephone, electric, electronic, network, Internet, computer, hardware or software program malfunctions, failures, delays or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail, e-mail, form postings, connections, messages or entries, or the security of any and all such matters. Further, the Indemnified Parties are not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Site or by any technical or human error which may occur in the processing of any information related to the Site. You also agree that the Indemnified Parties are not responsible or liable in any way for injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the Site or any sites, services or materials linked or related thereto or therefrom and are also not responsible or liable in any way for any Claim relating to or resulting from any part of the Site operating or not operating on computers or networks used by You or communicating with such computers or networks.

27. LIMITATION OF LIABILITY

FD MINISTRIES WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES AND/OR LOST PROFITS, IN CONNECTION WITH USE OF THIS SITE. YOU ASSUME THE RISK THAT YOU MAY BE UNABLE TO USE THIS SITE, AND THAT USE OF THIS SITE MAY BE INTERRUPTED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL FD MINISTRIES BE LIABLE FOR ANY CONSEQUENTIAL, COST OF COVER, DIRECT, INCIDENTAL, INDIRECT, LOST PROFITS, PUNITIVE, RELIANCE, OR SPECIAL DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO USE THIS SITE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION, AND REGARDLESS OF WHETHER FD MINISTRIES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENTS THEREOF.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE SERVICE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE PRODUCTS, AND/OR SERVICES OFFERED IN CONNECTION THEREWITH OR ASSOCIATED THEREWITH, AS THE CASE MAY BE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND TERMINATE THESE TERMS IN ACCORDANCE WITH THE TERMS HEREOF.

28. RELEASE OF CLAIMS

BY UTILIZING THE SITE, ALL USERS ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES ARE RELEASED, DISCHARGED AND HELD HARMLESS FROM AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LIABILITY WITH RESPECT TO ALL ASPECTS OF THE SITE (INCLUDING WITHOUT LIMITATION, ANY ILLNESS, LOSSES, LITIGATION, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, REASONABLE ATTORNEYS’ FEES AND COURT COSTS) THAT MAY OCCUR FROM USE OF THE SITE OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF INFORMATION, SITE MATERIAL, PRODUCT INFORMATION, SERVICES OR PRODUCTS RELATED THERETO OR ACQUIRED THEREFROM. WE RESERVE THE RIGHT AT ANY TIME AND WITHOUT LIABILITY TO RESTRICT OR REFUSE ACCESS TO THE SITE AND ITS SERVICES, CONTENT, SITE MATERIAL AND FUNCTIONS TO ANYONE.

You also acknowledge that there is a possibility that subsequent to your acceptance of these Terms, You will discover facts or incur or suffer claims which were unknown or unsuspected at the time these Terms were agreed to, and which if known by it at that time may have materially affected its decision to accept these Terms. You acknowledge and agree that by reason of these Terms, and the release contained in this section of these Terms, You are assuming any risk of such unknown facts and such unknown and unsuspected claims. You have been advised of the existence of Section 1542 of the California Civil Code (“Section 1542”), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. You knowingly and voluntarily waive the provisions of Section 1542, if applicable, as well as any other statute, law or rule of similar effect.

29. CHANGES TO SERVICE OR TERMS OF SERVICE

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service. You can review the most current version of the Terms of Service at any time on the Site. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

30. DIGITAL SIGNATURES

You represent and warrant that You have the legal right, power and authority to agree to these Terms on behalf of yourself and/or any entity on whose behalf You are acting. You further agree that your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”) and that You have formed, executed, entered into, accepted the terms of and otherwise authenticated these Terms and acknowledged and agreed that these Terms are an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by You and/or any entity on whose behalf You are acting.

31. MISCELLANEOUS PROVISIONS

a. SEVERABILITY

If any provision of these Terms is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

b. ENTIRE AGREEMENT

Except as expressly provided in these Terms or on this Site, these Terms constitute the entire agreement between You and FD Ministries with respect to your use of Services including the Site.

c. WAIVERS

No waiver by FD Ministries of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision in these Terms. No waiver shall be effective unless made in writing and signed by the authorized representative of the waiving party.

d. MODIFICATIONS

FD Ministries may, in its sole discretion and without prior notice (a) revise these Terms, (b) modify this Site and/or Services, and (c) discontinue this Site and/or Services, at any time. You agree to review these Terms periodically to be aware of any revisions to these Terms. You further agree that, by continuing to use or access this Site following notice of a revision, You shall be bound by such revision.

e. ASSIGNMENT

These Terms shall not be assignable by You, either in whole or in part. FD Ministries reserves the right to assign its rights and obligations under these Terms.

f. INTERPRETATION

Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.

g. JURISDICTION AND GOVERNING LAW

This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of Oregon, without respect to any conflict of laws principles. You hereby irrevocably submit to the jurisdiction of the courts situated in Oregon with respect to any dispute, disagreement, or cause of action related to or involving this Site.

h. TERM

These Terms shall remain in full force and effect whenever You are using this Site or the Service, are effective until terminated by either party. You may terminate these Terms of Service at any time by notifying us that You no longer wish to use our Services, or when You cease using our Site. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. If in our sole judgment You fail, or we suspect that You have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). If You are allowed to make an account through the Service, FD Ministries may terminate your account at any time, without warning, for any violation of these Terms. If FD Ministries terminates your account, these Terms shall remain applicable to any and all activities that occurred on your account prior to its termination.

32. EFFECTIVE DATE

These Terms are effective July 25th, 2020.

33. CONTACT INFORMATION

Questions about the Terms of Service should be submitted to us at www.frankdamazio.com/contact.