Terms and Conditions
1) Information about the Company.
Sacred Wandering, Inc, is a Wisconsin-based Church entity, headquartered at:
10134 N. Port Washington Road
Suite G (Lower Level)
Mequon, WI. 53092
2) Student Warranties, Rights, Representations, Restrictions, and Obligations.
- Subject to these Terms of Service, the Student will be granted a limited, non-exclusive, revocable, non-transferable, and non-sublicensable right to access that portion of the Subscription Website applicable to the Subscription type. By agreeing to grant such access, the Company does not obligate itself to maintain the Website, or to maintain it in its present form. The Company may upgrade, modify, change or enhance the Courses and convert a Student to a new version thereof at any time in its sole discretion, to the extent that this is not detrimental to Student’s use of the Courses and on reasonable prior notice to Student (unless the change is of critical business importance or outside the Company’s control, in which case the Company will explain the reason for the changes as soon as is reasonably practicable).
- Student agrees to abide by any rules or regulations that the Company publishes with respect to the Student Code of Conduct and other users of the Website, which rules and regulations are hereby incorporated into these Terms of Service by this reference. The Company reserves the right to deny a Student and/or an Authorized End User access to the Subscription Website if, in the Company’s sole discretion, Student and/or Authorized End User has failed to abide by these Terms of Service or appear likely to do so.
- Student accepts that the Company in its sole discretion may, but has no obligation to, monitor the Courses or any portion thereof, and/or to oversee compliance with these Terms of Service.
- Student promises, acknowledges, and agrees on behalf of itself and its Authorized End Users (in the case of Multi-User Subscriptions) that:
- Access privileges may not be transferred to any third-parties;
- They will comply with all applicable laws and regulations with respect to use of the Courses;
- They will not rent, lease, sub-license, re-sell, distribute, transfer, copy or modify the Courses or any component thereof;
- They will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
- They will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Courses or any portion thereof;
- They will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or contained in the Courses;
- They are solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary to access and use the Courses;
- They will not use the Courses in any manner, or in connection with any content, data, hardware, software or other materials that infringe upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or that constitutes defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right, or that is threatening, harassing or malicious.
3) Availability of the Website and/or Courses.
Students recognize that the traffic of data through the Internet may cause delays during the download of information from the Website and accordingly, it shall not hold the Company liable for delays that are ordinary in the course of Internet use. Student further acknowledges and accepts that the Website will not be available on a continual twenty-four-hour basis due to such delays, or delays caused by the Company’s upgrading, modification, or standard maintenance of the Website.
4) Intellectual Property Rights.
- The Courses are owned by the Company, its licensors, or other providers of such material, and are protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- No right, title or interest in or to the Courses or any portion thereof, is transferred to any Student or Authorized End User, and all rights not expressly granted herein, are reserved by the Company.
- The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors. Student may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
5) Company Obligations.
The Company will use commercially reasonable efforts to enable the Courses to be accessible, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by the Company, including, but not limited to, any Force Majeure Event (as defined below). The foregoing undertaking shall not apply to the extent of any non-conformance caused by use of the Courses contrary to the Company’s instructions, or modification or alteration of the Courses by any party other than the Company. If the Courses are in non-conformance with the foregoing undertaking, the Company will, at its expense, use all reasonable commercial endeavors to correct any such non-conformance promptly, or provide Student with an alternative means of accomplishing the desired performance.
6) Fees and Payments.
- Fee. Student agrees to pay the appropriate fee corresponding to the particular Courses that it wishes to access for the applicable training.
- Taxes. Student is responsible for all applicable sales, use, transfer or other taxes and all duties, whether international, national, state, or local, however, designated, which are levied or imposed by reason of the transaction contemplated hereby, excluding, however, income taxes on profits which may be levied against the Company.
7) Term and Termination.
- Term. Student may access the Courses for the applicable training commencing immediately after payment is made.
- Termination. The Company reserves the right to terminate or suspend access to all or any portion of the Courses for violation or suspected violation of these Terms of Service.
- Effect of Termination. Student will have no further rights to access the Subscription Website. Termination will not affect the rights or liabilities of either party that accrued prior to termination.
Student agrees to maintain the confidentiality of the Company’s Confidential Information. For the purposes of these Terms of Service, the term “Confidential Information” means all portions of the Courses, including but not limited to, the Subscription Website.
9) Third-Party Links or Information.
10) Disclaimers of Statements/Warranties.
Sacred Wandering, Inc offers a money-back guarantee within thirty days from the date of purchase, in the amount of 100% of the purchase minus a $25 service fee for purchases exceeding $50.
Provider Directory: We do not endorse, representation or warranty any of the information posted by the providers listed on the “Fiind a Provider” page.
11) Limitation of Liability.
COMPANY DOES NOT IN ANY WAY EXCLUDE OR LIMIT ITS LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL FOR COMPANY TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.
Student agrees to compensate and defend fully Company, its officers, employees, agents, successors and assigns, from and against any damages, losses, and expenses (including reasonable attorneys’ fees) resulting from any third-party claim, action or demand arising out of any breach by Student of any representation, warranty, covenant, obligation or duty of Student under this Agreement.
All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall survive the expiration or earlier termination of these Terms of Service.
Except, for any provisions determining the primary contractual obligations of Student and Company hereunder, Company has the right to revise and amend these Terms of Service from time to time to reflect changes in business needs including, but not limited to, changes in features and functionality, changes in market conditions, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in system capabilities. Changes are effective immediately upon posting and Student’s continued use of any of the Courses following the posting of revised Terms of Service means that Student accepts and agrees to the changes, to the extent permitted by applicable laws.
Student may not transfer these Terms of Service, in whole or in part. Company may transfer these Terms of Service and/or subcontract some or all of its obligations hereunder at any time.
Student acknowledges that a breach of any confidentiality or proprietary rights provision of these Terms of Service may cause Company irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Company may seek an injunction to prevent Student from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and Company may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which Company may be entitled at law or in equity.
Legal notices may be sent to firstname.lastname@example.org (if by email), or to the USPS address at the top of this document (if by conventional mail). Notices to Student may be sent either to the email address supplied in Student’s account or to the address supplied by Student as part of its registration data. In addition, Company may broadcast notices or messages through the Website to inform of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to Student to the extent permitted by applicable law. Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by mail, return receipt requested; (d) on the delivery date if transmitted by email; or within three (3) days after Company posts a notice on the Website.
18) Force Majeure.
Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Company’s reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.
19) Children’s Online Privacy Protection Act (COPPA).
Student acknowledges that the law requires parental consent to collect or use information from a child under 13. If you are a child under 13, please show these Terms of Service to your parent or legal guardian, and do not use the Courses without verifiable parental consent pursuant to the Children’s Online Privacy Protection Act. If you as the Student are a parent or legal guardian of a child under the age of 13, who may access or use the Courses, you hereby give your express consent for that child to use the Courses, which include all the features and functionality pertaining to your Subscription, including social media/community features. You represent and warrant that you will not allow a child under the age of 13 to use the Courses if you do not agree to the provisions of this Section.
20) No Third Party Beneficiaries.
No person or entity not a party to these Terms of Service will be deemed to be a third-party beneficiary of these Terms of Service or any provision hereof.
If any provision of these Terms of Service are held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service will remain in full force and effect.
22) Waiver and Amendment.
If Company fails to insist upon strict performance of Student’s obligations under any of these terms and conditions, or if Company fails to exercise any of the rights or remedies to which it is entitled under these Terms of Service, this will not constitute a waiver of such rights or remedies and will not relieve Student from compliance with such obligations. No waiver by Company of any default will constitute a waiver of any subsequent default, and no waiver by Company of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to Student in writing.
23) Geographic Restrictions.
Software, functionality, and/or features (collectively, “Service Functionality”), that may be available on or through Website from time-to-time, is subject to United States Export Controls. No Service Functionality from the Website may be downloaded or exported (a) into (or to a resident of) any country with which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using any Service Functionality, Student represents and warrants that it (and its Authorized End Users, where applicable) are not located in, under the control of, or a national or resident of any such country or on any such list.
Although portions of the Website may be accessible worldwide, Company makes no representation that materials on the Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal, is prohibited. Those who choose to access the Website from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Courses is void where prohibited.
24) Complete Understanding.