MORRIS MINISTRIES, INC.

Dated May 22, 2023

These Terms of Use (“Terms”) explain the contractual relationship between you and The Morris Ministries, Inc. (“Company,” “us,” our” or “we”), regarding your use of, and access to, our website located at https://www.robertjohnmorris.com/ (the “Website”) and the services and offerings made available to you through the Website and or the mobile application (the “Application”), including without limitation all features and functionality thereof and updates thereto and all Content made available through the Website (together with the Website and Application, the “Services”). These Terms include our Privacy Policy, and together with the Privacy Policy govern your access to and use of the Services.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING ANY MODIFICATIONS OT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

1. User Obligations

To use some portions of the Services (e.g., the Application), you must register for and maintain an active personal user account and must be at least 18 years of age. Account registration requires you to provide us with your email address, name, address, and other information. Your ability to use the Services requires that you maintain accurate, complete, and up-to-date information in your user account. You may not authorize another person to use your account, nor may you assign or otherwise transfer your account to any other person. By registering for your account, you acknowledge that you are solely responsible for any activity that occurs on your account and for keeping your password and login credentials safe and secure. If you have any reason to believe that your password or other credentials have been used without your authorization, contact us immediately.

In using the Services, you agree that you will not:

impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;
act in a deceptive or fraudulent manner, including without limitation by impersonating another person or user, accessing another user’s account, or falsely identifying yourself or impersonating another user
permit anyone to use or access the Services under your account
violate or attempt to violate the security of the Services;
violate any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities;
include anything in content provided by you that is
- threatening, deceptive, misleading, unlawful, harassing, discriminatory, libelous, defamatory, obscene; or otherwise offensive,
- in violation of anyone’s right of privacy, publicity or other rights,
- in violation of any contractual or fiduciary obligations, or
- infringing on any intellectual property rights of any person.
reverse engineer, decompile or disassemble any portion of the Services, or take any information of any other person from the Service.
Link to or mirror any portion of the Services
Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise mining any portion of the Services
Unduly burden or interfere with the functionality of the Services
Remove, circumvent, disable, damage or otherwise interfere with security features of the Services

2. User Content

The Services may allow you to post or may gather from your text, photos, videos, emails, mobile phone numbers, workout information and other material (“User Content”). You are responsible for your User Content, including its accuracy, legality, reliability, and appropriateness.

By posting User Content on or through the Services, you represent and warrant that:

You own the User Content and have the right to use the User Content and the right to grant us the rights and license as provided in these Terms.
The posting of User Content on or through the Services does not violate the privacy rights, publicity rights, contract rights, intellectual property rights or any other rights of any person.
The posting of User Content does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights, or rights of publicity or privacy, or violates any law or regulation.
The User Content is not defamatory, does not constitute trade libel or product disparagement, and is not unlawfully threatening, harassing, or contains hate speech, is not obscene or contains pornography,
The User Content does not contain and false, inaccurate, or misleading statements or information,
The User Content does not contain any computer programming routines such as viruses, Trojan horses, time bombs, or other malicious code or programs that may damage or interfere with the operation of any system, or unlawfully intercept any data or personal information.

You understand and agree that we do not verify or vouch for any User Content and if we determine in our sole discretion that any User Content is inaccurate, was posted or uploaded without authorization, or otherwise does or may violate these Terms or applicable laws, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to (a) modify, refuse, or remove the User Content; (b) revoke the applicable user's right to use the Services; and/or (c) use any technological, legal, operational, or other means available to us to enforce the provisions of these Terms, including, without limitation, blocking specific IP addresses or deactivating the applicable user's registration.

By posting User Content using the Services, you grant us the irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide right and license to use, copy, public perform, modify, reformat, translate, excerpt, display, reproduce, transmit and distribute User Content for any purpose on and in connection with the Services, including in promotions for the Services and other businesses with which we have a commercial relationship. This license includes the right for us to make User Content available to other users of the Services, who may also use User Content subject to these Terms.

3. Access to Application through App Providers

When accessing the Services through the Application downloaded from an app store or app distribution platform, such as the Apple App Store, (the “App Provider”), you acknowledge and agree that: (a) this Agreement is made between the you and the Company, and not with the App Provider, and that the Company is solely responsible for the Application; (b) the App Provider has no obligation to furnish any maintenance and support services with respect to the Application; (c) in the event of any failure of the Application to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider will refund the purchase price for the Application to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Application, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the responsibility of the Company; (d) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (e) in the event of any third party claim that the Application or your possession and use of the Application infringes such third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement; (f) the App Provider, and its subsidiaries, are third party beneficiaries of this Agreement as it relates to your license of the Application, and that, upon your acceptance of the terms and conditions of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the Application against you as a third party beneficiary thereof; and (g) you must also comply with all applicable third party terms of service when using the Application.

4. Intellectual Property Rights/Ownership

Subject to your compliance with these Terms, you may access and use the Services on a computer, tablet device or mobile phone that you own or lawfully control. All materials contained on, in, or available through the Services, including all text, designs, trademarks, logos, audio clips, photographs, images, videos, graphics, data, information, source code, software compilations, and other materials, including the selection and arrangement thereof (“Content”) are protected by copyright, trademark, trade dress, patent and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms. All copyrights, trademarks, service marks, trade dress, patent and other intellectual property rights, and all derivative works thereof inherent in or appurtenant to the Content, whether registered or not, are our sole property or the property of our third-party contributors. The Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. Unless expressly granted herein, all rights in and to the Content is reserved to us and our third-party contributors.

5. Disclaimer Regarding Content

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF ANY CONTENT AVAILABLE THROUGH THE SERVICES AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON SUCH CONTE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING ANY INFORMATION YOU RECORD IN THE SERVICES IS ACCURATE AND COMPLETE.

6. Limitations

You may not create, develop, license, install, use, or deploy any third-party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Services. You may not copy (except as expressly permitted by these Terms) or publish the Services in whole or in part for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Services, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Website, if any). Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Services in any manner not specifically authorized hereunder or in any way that is against any applicable laws or regulations.

7. Comments, Feedbacks and Suggestions

You acknowledge that any comments, feedback, suggestions, ideas, pictures, video etc. (collectively, “Feedback”) disclosed, submitted or offered to Company, shall remain the exclusive property of Company and may be used by Company in any medium and for any purpose without obtaining your specific consent. Company is not under any obligation to maintain your name or Feedback in confidence or to pay to you any compensation for any Feedback submitted, or to respond to any of your Feedback. You agree that you will be solely responsible for the content of any Feedback you make.

8. Changes; Service Updates and Limitations

The Services change frequently, and their form and functionality may change without prior written notice to you. We may provide updates (including automatic updates) for certain Services at our discretion, including without limitation upgrades, modifications, patches, error corrections and patches. Updates may also include removal or addition of certain features or functionalities of the Services. Certain portions may not operate properly if you do not install the updates.

You acknowledge and agree that the Services may not operate properly if you do not install the updates and you expressly consent to automatic updates. You also agree that these Terms will apply to all updates.

We have no obligation to provide updates or to continue to provide or enable any particular features or functionality of any portion of the Services. We reserve the right to impose limits on certain Services or restrict your access to all or part of the Services without notice or liability.

9. Suspension; Termination

We may terminate your access to the Services, without notice, for conduct we believe violates these Terms, our policies, is harmful our business interests, or for an inactive account.

We also reserve the right to suspend or cease providing the Services, with or without notice, and we shall have no liability or responsibility to you if we do so. This includes without limitation the right to refuse service, terminate accounts, remove or edit User Content and Content and/or cancel orders in our sole discretion.

If your access to the Services is terminated, you will remain personally liable for any liabilities incurred by you prior to such termination.

10. Third Party Content

The Services may contain links to other websites and/or other third-party content. These links are provided solely for your convenience; we do not undertake any obligation to review or monitor any third-party websites linked from or to the Services and do not make any representations or warranties with respect to such third-party websites. If you decide to access a linked third-party website, you do so at your own risk. We shall not be responsible for any information, materials or services obtained on or from such other websites and will not be liable in any respect for any damages arising from your access of such websites. The inclusion of these links does not imply any endorsement, representation or warranty by us with respect to any such website or the content or services contained through such websites. You agree not to link any websites to the Services without our express prior written consent.

11. DISCLAIMERS; DISCLAIMERS OF WARRANTIES

THIS SERVICES ARE MADE AVAILABLE BY US “AS IS,” WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, ACCURACY OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND EXPRESSLY DISCLAIMED. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE SERVICES AND ACKNOWLEDGE THAT THE SERVICES MAY BE CHANGED FROM TIME TO TIME IN OUR SOLE DISCRETION. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICES OR ANY WEBSITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH IN THESE TERMS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

12. Indemnification

By using the Services, you agree to defend, indemnify and hold us, our affiliates, partners, officers, members, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Services including without limitation the creation, placement or transmission of any message, information, software or other materials through the Services by you or related to any violation of these Terms by you (collectively, “Indemnified Matters”). We shall control the defense of any Indemnified Matters through counsel of our choice.

13. Limitation Of Liability

IN NO EVENT WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE SERVICES OR YOUR USE OR THE INABILITY TO USE THE SERVICES. OUR AGGREGATE LIABILITY TO YOU FOR ANY REASON IS LIMITED TO THE LESSER OR YOUR ACTUAL DAMAGES OR THE AMOUNTS, IF ANY, FIVE HUNDRED DOLLARS. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
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 SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

14. U.S. Jurisdiction

The Services are controlled and operated by us from the United States and are not intended to subject Company or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Services or any part thereof are appropriate or available for use in any jurisdiction other than the United States.

15. Governing Law; Venue

These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction and venue of the federal and state courts located in the State of New York, New York County for any action arising out of or relating to these Terms.

16. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and us with respect to the use of the Services, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.

17. Assignment

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

18. Amendment to Terms

We may update or amend these Terms from time to time. Amendments shall be effective upon posting on the Website. You are responsible for regularly reviewing these Terms. Your continued access and use of the Services following such posting constitutes your consent to be bound by any amended Terms.

19. General

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. You may provide notices to us via (i) email to info@robertjohnmorris.com.

If you have any questions regarding these Terms or the Services, please contact us at info@robertjohnmorris.com.