Welcome to the PalabraDeDios.com website (the “PalabraDeDios.com Site”), a website owned and operated by Palabra de Dios, Inc.
These Terms of Use constitute a legally binding agreement between you and Palabra de Dios. Please read these Terms of Use, the terms and conditions posted through any Palabra de Dios Device or Application, or any additional terms and conditions, policies and guidelines posted on any other website, application, or services provided by Palabra de Dios (collectively, the “Palabra de Dios Services”) carefully before using the Palabra de Dios Services.
The terms and conditions stated below, along with the policies and guidelines located throughout the Palabra de Dios Services (collectively herein the “Terms of Use”) identify what a user of the Palabra de Dios Services (“you” or “your” or “User” or “Users”) can expect from Palabra de Dios, Inc., its parent, subsidiaries, and affiliates (together referred to herein as “Palabra de Dios”, “we”, “us” or “our”), and/or persons who provide products or services to Palabra de Dios customers either directly or through the Palabra de Dios Services (“Palabra de Dios Providers”) and what Palabra de Dios in turn expects from Users. By visiting any Palabra de Dios Service, creating an account, making a purchase via the Palabra de Dios Services, downloading a Palabra de Dios application, joining any Palabra de Dios online interactive community, posting a review or creating a profile, or otherwise joining, viewing, visiting or contributing to Palabra de Dios user forums, blogs, or interactive features, you agree that you have read, understood, and agree to be bound by the Terms of Use. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the PalabraDeDios.com Site or any other Palabra de Dios Service immediately.
These Terms and Conditions of Use require the use of binding arbitration to resolve disputes rather than jury trials or class actions. Please see Section 15 for details, including instructions to follow in order to opt out of binding arbitration and the class action waiver.
Separate terms and conditions apply to the purchase, download and use of digital content such as software applications, books, magazines, newspapers, periodicals, movies and television shows (“Digital Content”).
1. LICENSES AND RESTRICTIONS
1.1 Licenses. Palabra de Dios grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the Palabra de Dios Services, its Content (as that term is defined in Section 3 below. Palabra de Dios further grants the User a limited, nonexclusive, and revocable right to create a hyperlink to the Palabra de Dios Services so long as the link does not portray Palabra de Dios, its subsidiaries, and affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
2. TRADEMARKS
Palabra de Dios, or its parent, subsidiaries, or affiliates, or third parties from whom Palabra de Dios has permission, own the trademarks or service marks that are used on the Palabra de Dios Services. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Palabra de Dios and its licensors may not be used without prior written consent of Palabra de Dios or its licensor. Without limiting the foregoing, no Palabra de Dios trademark or trade dress may be used in connection with any product or service that is not Palabra de Dios, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Palabra de Dios.
3. CONTENT
3.1 Proprietary Rights. User acknowledges that Palabra de Dios Services contain certain content (such as text, graphics, photographs, video, audio, code, and other data or information relating to any subject) (“Content”), that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws, and Palabra de Dios owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on Palabra de Dios Services. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.
3.2 Third-Party Content. Palabra de Dios is a distributor and not a publisher of Content supplied by third parties and Users. Palabra de Dios has no editorial control over such Content. Palabra de Dios is not obligated to review Content, including User Created Content, as that term is defined in Section 11 below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including User Created Content, expressed, or made available by third parties, including any other User, are those of the respective authors or distributors and not of Palabra de Dios, unless expressly stated otherwise.
4. PRICES
4.1 Prices. The price for an item on Palabra de Dios website may differ from the price shown in a User’s shopping cart and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on Palabra de Dios Services. If the price for the item on Palabra de Dios Services is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Palabra de Dios, we may either (a) contact the User for instructions before shipping the item or charging the User for such item; (b) cancel the order for such item and notify the User of such cancellation; or (c) ship the item at the incorrect price to the benefit of the User.
4.2 Notice. Please note that this policy regarding prices applies only to items sold and shipped by Palabra de Dios.
5. RISK OF LOSS
The risk of loss and title for all items purchased via Palabra de Dios Services pass to the User upon delivery of the item to the carrier.
6. PRODUCT DESCRIPTION
The items offered for sale on Palabra de Dios Services contain descriptions that are provided directly by the publisher, manufacturer, developer or distributor of such item. Palabra de Dios does not represent or warrant that the descriptions of such items are accurate or complete.
7. AGE OF USERS
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 (“Minors”) are not permitted to use Palabra de Dios website without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on the Palabra de Dios websites, we will remove that information as soon as possible.
8. TERMINATION OF USAGE
8.1 Termination Rights. Palabra de Dios may issue a warning, temporarily suspend, indefinitely suspend or terminate any User’s right to use or access all or any part of Palabra de Dios Services including any account thereon, without notice, for any reason in Palabra de Dios’ sole discretion, including, without limitation, violation of the Terms of Use, Palabra de Dios’ belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Palabra de Dios, or any Palabra de Dios Provider or another User.
8.2 Restricted Users. In certain cases, in Palabra de Dios’ sole discretion, may provide written notice (a “Restriction Notice”) to a User (a “Restricted User”) to inform such Restricted User that (i) his or her right to use or access any part of the Palabra de Dios Services has been terminated, including the right to use, access or create any account thereon; (ii) that Palabra de Dios refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
9. INDEMNITY
User agrees to indemnify, defend and hold Palabra de Dios (and its affiliates, employees, contractors, agents, suppliers and partners) and each Palabra de Dios Provider harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including reasonable attorneys’ fees, brought by any third party due to or arising out of (i) such User’s use of Palabra de Dios Services, (ii) any alleged breach or violation of the Terms of Use or (iii) such User’s violation of any law or the rights of a third party. Palabra de Dios reserves the right, at User’s expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify Palabra de Dios, and User agrees to cooperate with Palabra de Dios’ defense of such matter. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive the Terms of Use and your use of Palabra de Dios Services.
10. PASSWORD AND ACCOUNT SECURITY
10.1 Account Password. Every User that has an account for Palabra de Dios Services is responsible for (i) keeping his or her account password confidential and secured; (ii) avoiding unauthorized access to such User’s computer or other devices; and (iii) keeping the contact information associated with that account current. User acknowledges that it is necessary to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her Palabra de Dios account using an old e-mail address, such User will not receive messages from Palabra de Dios about his or her orders and inquiries or other matters.
10.2 Account Security. User accepts full responsibility for all activities that occur within such User’s Palabra de Dios account whether authorized by the User.
11. NOTICES
User consents to electronic communications with Palabra de Dios, whether addressed to the e-mail address associated with such User’s account or posted on Palabra de Dios Services. User acknowledges and agrees that any communication via e-mail or by postings on Palabra de Dios Services satisfies any legal requirement that such communications be made in writing.
12. DISCLAIMERS AND LIMITATION OF LIABILITY
12.1 DISCLAIMER OF WARRANTIES.
- (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS PROVIDE PALABRA DE DIOS SERVICES AND ANY PALABRA DE DIOS ACCOUNT ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF PALABRA DE DIOS SERVICES OR ANY PALABRA DE DIOS ACCOUNT IS AT YOUR SOLE RISK. NEITHER WE NOR OUR SUPPLIERS, AFFILIATES OR LICENSORS (AS APPLICABLE) MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT PALABRA DE DIOS SERVICES, ANY PALABRA DE DIOS ACCOUNT OR THEIR USE WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING.
- (b) PALABRA DE DIOS IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY, USER CREATED CONTENT POSTED ON PALABRA DE DIOS SERVICES OR THROUGH PALABRA DE DIOS SERVICES. USER CREATED CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF PALABRA DE DIOS. PROFILES AND THIRD PARTY APPLICATIONS CREATED AND POSTED BY USERS ON PALABRA DE DIOS SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES. PALABRA DE DIOS IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON SUCH WEBSITES, AND SUCH WEBSITES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY PALABRA DE DIOS. INCLUSION OF ANY LINKED WEBSITE ON PALABRA DE DIOS SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY PALABRA DE DIOS. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK.
- (c) WE TAKE NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS OR THIRD-PARTY APPLICATIONS THAT ARE POSTED ON OR THROUGH OR MADE AVAILABLE ON PALABRA DE DIOS SERVICES, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT TAKE ANY RESPONSIBILITY FOR ANY GOODS OR SERVICES PROVIDED BY THIRD-PARTY ADVERTISERS ON PALABRA DE DIOS SERVICES.
12.2 LIMITATION OF LIABILITY.
- (a) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) PALABRA DE DIOS SERVICES OR ANY PALABRA DE DIOS ACCOUNT REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- THE ABOVE EXCLUSIONS OF LIABILITY ARE NOT APPLICABLE TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, PALABRA DE DIOS SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF PALABRA DE DIOS SERVICES OR THE MATERIALS ON PALABRA DE DIOS SERVICES UNLESS SUCH DAMAGES ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS OR OMISSIONS.
- (b) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY RELATED TO PALABRA DE DIOS SERVICES OR YOUR PALABRA DE DIOS ACCOUNT EXCEED US$100 IN TOTAL (OR THE EQUIVALENT IN LOCAL CURRENCY, TO THE EXTENT THAT LOCAL CURRENCY NEEDS TO APPLY).
13. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of Palabra de Dios to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
14. APPLICABLE LAW; JURISDICTION
14.1 Applicable Law. Palabra de Dios Services are created and controlled by Palabra de Dios in the State of California. The laws of the State of California will govern the Terms of Use, without giving effect to any principles of conflicts of laws.
14.2 Jurisdiction. Palabra de Dios and each User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Contra Costa County, California and waives any objection to the laying of venue of any litigation in said courts.
15. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND PALABRA DE DIOS TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Any dispute or claim arising from, relating to, or connected with these Terms of Use, Palabra de Dios Services, the Palabra de Dios Content including Digital Content, any Palabra de Dios account and/or any Digital Library (each a “Claim”) will be resolved by binding arbitration (rather than in court). All Claims submitted to arbitration under these Terms of Use will be administered by the American Arbitration Association under its Commercial Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be the State of California or, where limited by applicable law, the jurisdiction in which you reside or may be conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. Notwithstanding this Section 15, we may bring a Claim for injunctive or other equitable relief in any court of competent jurisdiction as necessary to enforce our intellectual property rights or those of our affiliates, suppliers, or licensors.
WAIVER OF CLASS ACTIONS. We each agree that any Claim will be arbitrated or litigated on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise. WE EACH AGREE THAT WE ARE KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVING ANY RIGHT WE MAY HAVE TO A JURY TRIAL WITH RESPECT TO ANY LITIGATION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE DIGITAL CONTENT TERMS OF SALE.
OPTION TO OPT-OUT. To opt out of the arbitration and class-action waiver terms in this Section 15, you must notify us in writing within 30 days of the date that you first accept these Terms and Conditions of Use (unless a longer period is required by applicable law). You must mail your written notification to Palabra de Dios, Attention: Legal Department to 13830 San Pablo Ave, Suite D, San Pablo, Ca 94806, and your written notification must include your name, address, and an unequivocal statement that you want to opt-out of this arbitration agreement.
You acknowledge and agree that, regardless of any statute or law to the contrary, any Claim or cause of action you may have must be filed within one (1) calendar year after such Claim or cause of action arises, or forever be barred.
For purposes of any Claim that is not subject to the arbitration procedures in this Section 15, we both agree to the governing law and jurisdiction as set out in Section 14.1 above.
16. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Palabra de Dios regarding User’s relationship with Palabra de Dios and supersedes any prior or contemporaneous statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. As used in these Terms of Use, “including” means “including, without limitation.”
17. MODIFICATION
These terms were last revised on October 1, 2022.