Last updated: March 2023

ACCEPTANCE OF TERMS OF USE

This Terms of Use Agreement (the “Agreement”) states the terms and conditions under which you may access and use the website located at https://wearelazarus.org/ and http://lazarusatlanta.org (collectively, the “Site”). This Agreement constitutes a legally binding agreement between the user of the Site (“you”) and Lazarus Ministries Inc. (“we”, “us”, or “our”). Please read this Agreement carefully.

By accessing, browsing and/or using the Site you acknowledge that you have read, understood, and agree to be legally bound by this Agreement. If you do not accept this Agreement (and therefore do not agree to be bound by this Agreement), do not use the Site. We reserve the right to amend this Agreement at any time by posting the amended terms on the Site and changing the “last updated” date.

CONTENT AND THIRD-PARTY CONTENT

You acknowledge that the Site contains certain content (such as text, graphics, photographs, video, audio, code or other data or information on the Site) (collectively, the “Content”) that is protected by copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights of us, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You shall not claim ownership over any Content by reason of your access or use of or any right to use the Site or create or change the status of any lien or other security interest or legal rights. You may not modify, remove, delete, augment, add to, publish, transmit, redistribute, sell, modify, or in any way exploit any Content, in whole or in part, without permission from us.

To the extent that any Content, material, or functionality on the Site is provided by a third-party content provider (collectively, “Third-Party Content”), we have no editorial control or responsibility over such Third-Party Content. Therefore, any opinions, statements, products, services, or other Third-Party Content are those of the applicable third party. We do not represent or endorse the accuracy, completeness, usefulness, or reliability of any opinion, statement, Content, material, functionality, or other information provided by any third party, or represent or warrant that any Third-Party Content will not infringe the rights of third parties that are not owned by or affiliated with us.

USE OF SITE AND RESTRICTIONS

Subject to these Terms of Use, we hereby grant you a limited, non-exclusive, revocable license to access and to make personal, internal, non-commercial use of the Site. You will use the Content and the Site for only lawful purposes. You are prohibited from using the Content or the Site, and the licenses granted above in this section do not include any rights to: (i) harm or threaten to harm any person or organization; (ii) damage or threaten to damage any network, system, computer, or physical or intangible property; (iii) perform or threaten to perform any malicious or unethical activity, give rise to liability, or otherwise violate any applicable local, state, national, or international law or regulation; (iv) commercially use the Site, the Content, or any portion derivative thereof without our express permission; (v) use the Site in a manner that adversely affects the availability of its resources to others (such as enabling high volume, automated, electronic processes); (vi) use any robot, spider, data miner, crawler, scraper, or other automated means to access, copy, or index the Site, the Content, or any portion derivative thereof for any purpose; or (vii) interfere or attempt to interfere with the proper working of the Site. The foregoing are expressly prohibited and the right to do any of the foregoing shall require our express written consent (which may include a written agreement signed by an authorized representative). Any unauthorized use of the Site, the Content, or any portion of derivative thereof shall terminate any license or permission granted by us.

THIRD-PARTY WEBSITES

The Site may provide links to third-party websites (“Third-Party Sites”) for specific purposes, such as making donations or scheduling activities. We do not endorse any Third-Party Site. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY THIRD-PARTY SITE, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THIRD-PARTY SITES, AND WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING. Visit Third-Party Sites at your own risk. Your access and use of a Third-Party Site will be governed by the Third-Party Site’s terms of use and/or privacy policy and not by this Agreement. You should direct any concerns regarding the Third-Party Site to the Third-Party Site’s administrator or webmaster.

DISCLAIMER OF WARRANTY

INFORMATION PRESENTED ON THE SITE AND MATERIALS PROVIDED THROUGH THE SITE ARE PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. NO INFORMATION PRESENTED ON THE SITE CONSTITUTES LEGAL, FINANCIAL, OR MEDICAL ADVICE, NOR DOES IT CREATE AN ATTORNEY-CLIENT, DOCTOR-PATIENT, FIDUCIARY, OR COUNSELING RELATIONSHIP BETWEEN US AND YOU OR ANY OTHER PARTY. YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE AND ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VOLUNTEERS, CONTRIBUTORS, THIRD-PARTY SUPPLIERS, OR LICENSEES (COLLECTIVELY THE “SITE PARTIES”) DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE SITE OR CONTENT. THERE ARE NO THIRD-PARTY BENEFICIARIES TO THIS AGREEMENT.

NONE OF THE SITE PARTIES REPRESENTS, WARRANTS, OR COVENANTS THAT THE SITE OR THE CONTENT WILL BE AVAILABLE, ACCURATE, CURRENT, COMPLETE, UNINTERRUPTED, SECURE RELIABLE, ERROR-FREE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO USE THEM OR THAT THE SITE, THE CONTENT, ITS SERVER, OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES, DISABLING DEVICES, OR OTHER HARMFUL ELEMENTS. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT.

WE MAKE NO WARRANTY THAT THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE CONTENT IS TO STOP USING THE SITE OR THE CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF THE SITE PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL ANY SITE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED FROM THIRD-PARTY SITES TO WHICH THIS SITE IS LINKED.

IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY SITE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, DAMAGE TO REPUTATION OR GOODWILL, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT, THE SITE, OR THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT DEFECT, MISREPRESENTATION OR ANY OTHER LEGAL THEORY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY RELATED TO THE SITE OR THE CONTENT EXCEED US $100 IN TOTAL (OR THE EQUIVALENT IN LOCAL CURRENCY, TO THE EXTENT THAT LOCAL CURRENCY NEEDS TO APPLY).

INDEMNITY

You agree to indemnify, defend, and hold us and Site Parties 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) your access to or use of the Site or Content; (ii) any alleged breach or violation of this Agreement; or (iii) your violation of any law or the rights of a third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with us in the defense of such matter. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive this Agreement and your use of the Site.

TERMINATION

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to and use of all or any part of the Site or the Content, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability.

USER MUST COMPLY WITH APPLICABLE LAWS

We make no claims concerning whether the Site or Content may be viewed, printed, archived, downloaded, or used outside of the United States or otherwise outside of our intended service area. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

SEVERABILITY

In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. If we fail to enforce strict performance of any provision of this Agreement, such failure will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of this Agreement.

GOVERNING LAW; LIMITATION OF ACTIONS

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, except with regard to its conflicts of law rules. Any action relating to the Content, Site or this Agreement must be brought in the federal or state courts located in Atlanta, Georgia or the county in which we primarily operate, and you hereby irrevocably consent to the jurisdiction of such courts. Any cause of action you may have with respect to the Content, Site or this Agreement must be commenced within one (1) year after the claim or cause of action arose or is barred.