last updated 9/27/2019

Please read these Terms and Conditions carefully before using this website friendsofrochestermnstake.com (the “Site”). The terms & conditions set forth below (this “Agreement”), written by Friends of Rochester, MN Stake, a website operated out of Minnesota (“Us“ or “We” or “Our” or “Ourselves”), applies to all visitors, users, and others who access or use Our Site. By accessing or using the Site, you agree to be bound by the conditions set forth below (this “Agreement”). Terms. If for some reason you disagree with any part of these Terms, then do not use the Site. We reserve the right to change this Agreement at any time, so please check for changes to this Agreement each time you use the Site. Your continued use of the Site following the posting of changes to this Agreement means that you accept those changes.

DISCLAIMER

All of the content on the Site is only for informational purposes. We will not be liable for any errors (or omissions) of the information on the Site. We make no representations as to the accuracy or completeness of the information on the Site. In addition, We are not liable for any losses, injuries, or damages from the display or use of the information on the Site. By using the Site, you acknowledge that you assume any such risks.

THIRD-PARTY WEBSITES

We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. Therefore, by using the Site you acknowledge and agree that We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, resources, information, events, products or services available on or through any such web sites or services. As a user of the Site, you are responsible for reading the Terms and Conditions and Privacy Policies on all third-party sites.

INTELLECTUAL PROPERTY

Our website, logo, written text, visuals, and other intellectual property or content that We have created is property of Us and is protected by copyright laws. We reserve all of the rights to Our intellectual property. Nothing in the Terms and Conditions grants you a right or license to use any content owned by Us or a third party unless expressly stated by Us.

Some or all of the images on the Site are from the Gospel Media section of the website of The Church of Jesus Christ of Latter-day Saints, a Utah corporation with its principal offices in Salt Lake City, Utah, U.S.A (“The Church Website”). We have permission to view, download, and print materials from The Church Website for Our own personal, noncommercial use. We are, however, not an official website of The Church of Jesus Christ of Latter-day Saints and do not claim to be such.

LICENSE TO USE CONTENT

Any information, images, or content (written, spoken, or created) input to Our social media pages, Our Site, or via any documents, surveys, or related website material can be used by Us. We reserve the right to use any information you or other people provide in future for any purpose (e..g, website, products, email campaigns, marketing). Please know that when you comment, respond, or submit any information that it can be used freely by Us, and that We will not be held accountable for anything you post and We use that you see as having a negative impact on you. 

TERMINATION & CONTENT REMOVAL

Your accounts on, and/or access and input to, the Site can be terminated in case of abuses at Our sole discretion. We may terminate or suspend access to Our Site immediately, without prior notice or liability, for any reason whatsoever. In addition, We may remove any content on the Site including, but not limited to, comments left by users. We generally encourage people to comment on Our website blog posts, but We have no obligation to display or keep all comments made. In addition, We reserve the right to refuse service from users including, but not limited to, volunteering for and at events.

CODE OF CONDUCT

When using the Site, you agree that you will take part individually or collectively in submitting or posting information to this Site that could be deemed harmful or offensive to other users, nor will you impersonate another user in order to hide your identity or implicate another in such actions. You agree to do nothing that might disrupt the flow of data to and from this Site, impact the service or performance of this Site, or circumvent any of the controls or usage rules that We have implemented. You understand that the result of harmful or offensive actions may include revocation of your right to use this Site (including your right to join us in events or gatherings) and legal action against you.

LINKING

For your convenience, this Site may contain links to websites operated by others. Such third-party sites are not maintained or controlled by Us, and We are not responsible for their content. Although We have made a good faith effort to link only to tasteful, appropriate sites, some may contain inappropriate or objectionable material. If you find such material while using a website that you accessed through a link on this Site, please notify Us immediately.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions.

Our failure to enforce any right or provision will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between Us regarding Our interactions, services, and communication and supersede and replace any prior agreements We might have between us regarding Our interactions, services, and communication.

GENERAL LEGAL DISCLAIMER

Any information We provide on and through the Site, communications, email, social media etc. is not medical advice, marriage counseling, financial counseling, legal counseling, etc. This is for information purposes only. If you have a medical condition, marital/relationship problem, financial problem, legal problem, etc., please consult with an appropriate professional for advice, consulting, or services.

ALTERNATIVE DISPUTE RESOLUTION

Any dispute, claim or controversy arising out of or relating to this Agreement, or any aspect relating to Us or the Site, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Rochester, MN before one arbitrator. The arbitration shall be administered by the governing body in Rochester, MN pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Agreement may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within 30 days after delivery of the notice, the executives of both parties shall meet at a time and place decided by Us.

Unless otherwise agreed in writing by the negotiating parties, the above-described negotiation shall end at the close of the first meeting of executives described above (“First Meeting”). Such closure shall not preclude continuing or later negotiations, if desired.

All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

At no time prior to the First Meeting shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of Paragraph 2 of the Alternative Dispute Resolution section above.

All applicable statutes of limitation and defenses based upon the passage of time shall be tolled while the procedures specified in Paragraphs 1 and 2 above are pending and for 15 calendar days thereafter. The parties will take such action, if any, required to effectuate such tolling.

This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Minnesota, exclusive of conflict or choice of law rules.

The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).

In any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.

In the event of legal action arising out of or related to this Agreement, the arbitrator(s) shall award Us the costs and attorneys’ fees reasonably incurred in connection with the arbitration.

CONTACT INFORMATION

We welcome your comments or questions about this Agreement.  You may also contact Us using the “Contact” page on the Site or via Our email address: [email protected].

CHANGES TO THIS TERMS & CONDITIONS  

We may occasionally change and update this Agreement to reflect organization, leader, member, and community feedback. If We make any changes, We will change the Last Updated date above.  These terms and conditions of use are subject to change at anytime (and without notice) at Our sole discretion, so please refer back to this document on a routine basis. By continuing to access or use the Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, do not use the Site.

SITE PRIVACY POLICY

By using the Site, you consent to my Privacy Policy available HERE.

Thank you!

Date of last revision: 9/27/2019