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General

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by Catherine Frakas 02 Jan 2007

SAINT-MIKE.ORG WEB SITESt. Michael's CallOrder of the Legion of St. Michael

LINKS TO OTHER LEGAL NOTICES AND INFORMATION

TERMS OF SERVICE and NOTICES
AGREEMENT BETWEEN USER AND THE LEGION OF ST. MICHAEL
This Web site, solely and exclusive owned and operated by the Order of the Legion of St. Michael (Legion of St. Michael), and its sub-sites and hosted sites is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices. This Web site contains links to Web sites, Web pages and services also operated by the Legion of St. Michael or its associates and affiliates (hosted sites) (the St. Michael Sites), and your use of each St. Michael Site is also subject to the Terms of Service and other terms and guidelines, if any, contained within each St. Michael Site. You agree to click on the links to and familiarize yourself with the Terms of Service and other terms and guidelines found throughout this Web site and the St. Michael Sites and abide by them if you choose to use the sites, pages or services to which they apply.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
This Web site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site.
LINKS TO THIRD PARTY SITES
This Web site and the St. Michael Sites may contain links to Web sites operated by parties other than the Legion of St. Michael or its associates and affiliates. Such links are provided for your convenience only. The Legion of St. Michael does not control such Web sites, and is not responsible for their contents. The Legion of St. Michael's inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant to the Legion of St. Michael that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
USE OF ONLINE WEB COMMUNITIES
If this Web site contains bulletin board services, chat areas, newsgroups, forums, communities and/or other message or communication facilities (collectively, Communities), you agree to use the Communities only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Community, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Defame, abuse, harass, or otherwise denegrate or make unfounded disparaging remarks about the (Roman) Catholic Church, the Pope, its priest and religious, its people, or its teachings.
Promote, argue, debate, or discuss ideas, philosophies, theologies, beliefs, convictions, or other matters contrary to the official teachings of the (Roman) Catholic Church in any way as to challenge the truth, veracity, or necessity of those teachings of the (Roman) Catholic Church, unless otherwise indicated and regulated by the particular Community.
Defame, abuse, harass, or otherwise denegrate or make unfounded disparaging remarks about the St. Michael's Call Website, any of the St. Michael Sites, the Legion of St. Michael, or any of their representatives, members, or staff.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell any goods or services for any commercial purpose.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communities.

The Legion of St. Michael reserves the right to terminate your access to any or all of the Communities at any time without notice for any reason whatsoever.
The Legion of St. Michael has no obligation to monitor the Communities. However, the Legion of St. Michael reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Legion of St. Michael's sole discretion.
PRIVACY OF COMMUNICATIONS AND COPYRIGHT ISSUES
You acknowledge that all Communities are public and not private communications, therefore your communications may be read by others without your knowledge. Always use caution when giving out any personally identifying information about yourself or your children in any Community. The Legion of St. Michael does not control or endorse the content, messages or information found in any Community and, therefore, the Legion of St. Michael specifically disclaims any liability with regard to the Communities and any actions resulting from your participation in any Community. Forum managers, masters, and hosts are not authorized Legion of St. Michael spokesman, and their views do not necessarily reflect those of the Legion of St. Michael.
By posting messages, uploading files, inputting data, or engaging in any other form of communication through this Web site, including private email to Web Administrators and Staff (unless such email is specifically marked CONFIDENTIAL in the subject field of the headers of the email), you are granting the Legion of St. Michael permission to:

Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such communication.
Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are:
Order of the Legion of St. Michael, Legion of St. Michael, St. Michael Cyberspace Monastery, St. Michael's Call, StMike ('used in StMike News'), Real Catholic ('used in Real Catholic Chat and Real Catholic Talk', etc.), The Truth About..., The Truth About Catholicism, and Hermit Life are trademarks of the Order of the Legion of St. Michael and are protected thereby.
SOFTWARE AVAILABLE ON THIS WEB SITE
Software (if any) that is made available to download from this Web site (Software) is the copyrighted work of the Legion of St. Michael and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (License Agreement). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, the Legion of St. Michael hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Please note that all Software, including without limitation all HTML code and ActiveX controls contained in this Web site, is owned by the Legion of St. Michael and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
ACCESS RESTRICTION
The Legion of St. Michael reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice.
REFUND POLICY
Except as otherwise indicated, all website services of the Order of the Legion of St. Michael are free-of-charge. Non-Profit entities, however, such as the Order of the Legion of St. Michael, its apostolates, and its websites must receive financial support from various sources and contributions in order to exist. (The Order of the Legion of St. Michael is a duly incorporated non-profit charitible organization under the laws of South Dakota, USA and the laws of the Internal Revenue Service of the United States). As such, this Apostolate is supported solely by the generosity of God's people. Some services may ask for free will donations and give a suggested amount of donation, but those services are always available free to those who cannot afford a donation or to those who do not wish to make a donation. Because these free will donations are not fees-for-services or fees-for-goods, but are freely given charitable contributions, refunds of donations are generally not possible. Like most non-profits who rely upon general donations that which is donated is spent on the chartible purposes of the organization and thus is not available for refund. This refund policy specifically relates to, but is not limited to, donations given for the St. Michael Guild and donation given in General.
Purchases of products, on the other hand, shall have their own stated refund policy listed in the section of the Website selling such goods or listed with the company we contract with for the sell of products.
LIABILITY DISCLAIMER
The information, software, products, and services included on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Legion of St. Michael and/or its respective suppliers may make improvements and/or changes in this Web site at any time. Advice received via this Web site should not be relied upon for personal, medical, psychological, psychiatric, spiritual, pastoral, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
THE LEGION OF ST. MICHAEL AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. the Legion of St. Michael AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL THE LEGION OF ST. MICHAEL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE, WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE LEGION OF ST. MICHAEL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.
MODIFICATION OF THESE TERMS AND CONDITIONS
The Legion of St. Michael reserves the right to change the terms, conditions, and notices under which this Web site is offered.
GENERAL
This agreement is governed by the laws of the State of South Dakota. You hereby consent to the exclusive jurisdiction in the District Courts of Edmonds County, South Dakota, U.S.A. in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Legion of St. Michael as a result of this agreement or use of this Web site. The Legion of St. Michael's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Legion of St. Michael's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by the Legion of St. Michael with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the user and the Legion of St. Michael with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Legion of St. Michael with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.
SERVICE CONTACT
Contact with questions or problems with this Web site.

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