Terms of Use

Updated November 2021

These Terms and Conditions of Use (the “Terms of Use”) apply to the website davidccook.com and related websites (the “DCC Site”) owned or operated by David C Cook, a Colorado nonprofit company (“DCC”). The DCC Site is the property of DCC and its licensors. BY USING THE DCC SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, YOU MAY NOT ACCESS THE DCC SITE.

Provided you comply with these Terms of Use, DCC grants you a personal, non-exclusive, non-transferable, revocable, limited license to enter and use the DCC Site.

Content

All text, graphics, images, video, audio, charts, widgets, user interfaces, visual interfaces, trademarks, logos, software code, and other copyrighted or otherwise proprietary content (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the DCC Site is owned, controlled, or licensed by or to DCC, and is protected by trade dress, copyright, patent and trademark laws, and various other U.S. and international intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use and separate terms provided in connection with specific Content provided through the DCC Site, no part of the DCC Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, publicly performed , encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any purpose, without DCC’s express prior written consent.

You may use information and materials purposely made available by DCC for downloading from the DCC Site, provided that you: (1) do not remove any proprietary notice language in all copies of such documents; (2) use such information and materials only for your personal, non-commercial informational purpose or ministry purposes and do not copy or post such information or materials on any computer or publicly accessible website or broadcast or distribute it in any media beyond the scope of its intended use; (3) make no modifications to any such information or materials, except as otherwise permitted in separate terms provided with specific Content; and (4) do not make any additional representations or warranties relating to such documents. Such information and materials are provided to you on a nonexclusive, personal, nontransferable, revocable, and limited basis only.

DAVID C COOK ® and related logos and marks, and other trademarks, service marks, names and logos used on the DCC Site are owned by DCC or its licensors or affiliates. All rights not expressly granted are hereby reserved.

Account

For applicable DCC Sites, users who are ages 18 and older may choose to register an account (a user who has registered for an account through a DCC Site is a “Registered User”, each such account a “DCC Account”). If you are under 18 but over 13, you may only become a Registered User with the involvement and consent of a parent or guardian. Users 13 and under may not use the DCC Site. Depending upon the type of DCC Account for which you are registering, and when you purchase or license any products, in addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information and other information. When you register for a DCC Account you must (i) provide accurate and truthful information about yourself, including, if applicable, billing information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing a DCC Account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for such DCC Account. You may be requested to abide by additional DCC Account terms of use.

Your DCC Account is personal to you. You are responsible for maintaining the confidentiality of your DCC Account and password and for restricting access to your DCC Account, and you agree to accept responsibility for all activities that occur under your DCC Account. DCC reserves the right to refuse service, terminate or disable the DCC Site (or any portion of the DCC Site) or any DCC Accounts, remove or edit Content, or cancel orders in its sole discretion. You must notify DCC immediately of any breach of or unauthorized use of your DCC Account.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases or licenses of goods or services (including subscriptions) and to specific portions or features of the DCC Site, including payment terms, Content use restrictions or terms, contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. All orders from the DCC Site are nonreturnable unless stated otherwise. If a purchase from the DCC Site is eligible for return, DCC does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued in certain circumstances. Upon cancellation of an order, you must return, delete or destroy any copies of any Content you acquired through or from the DCC Site immediately and your use of all or portions of the DCC Site may be restricted. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the DCC Site or for any Content, purchase or service offered on or through the DCC Site, the latter terms shall control with respect to your use of that portion of the DCC Site or the specific Content, purchase or service.

DCC’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this DCC Site should be construed to alter such agreements, provide additional warranties, or create additional obligations on the part of DCC.

You must input a valid credit card number and expiration date before you will be allowed to purchase or license products or Content (including subscriptions) from the DCC Site, and you do hereby represent and warrant that you are authorized to use the credit card. You do hereby authorize DCC to charge your credit card for all expenses incurred on your DCC Account. If you dispute any charge on your DCC Account, then you must contact DCC within 10 days of your receipt of your statement containing the disputed charge. All denials of a transaction by your bank, all holds, and all other similar issues are your sole responsibility and should be dealt with between you and your bank. DCC takes reasonable steps to ensure that all data transmitted by DCC is done safely and privately; however, despite those steps, DCC cannot guarantee the complete security of all credit card and other data transmitted by DCC or its processor. Please review the DISCLAIMERS and LIMITATION OF LIABILITY sections set forth below, which are applicable to each user’s use of the DCC Site, including the transmission of credit card and other data.

DCC may make changes to any Content, products, services or features offered on the DCC Site, or to the applicable prices for any such Content, products, services or features, at any time, without notice. DCC attempts to be as accurate as possible. However, DCC does not warrant that product descriptions or other information about any DCC product or service is complete, reliable, current, or error-free. DCC reserves the right to cancel any transaction up until the time the item is shipped. All physical items purchased from DCC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon DCC’s delivery to the carrier.

Privacy

DCC’s Privacy Policy applies to use of this DCC Site, and its terms (current or as they may be amended) are made a part of these Terms of Use by this reference. Additionally, by using the DCC Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the DCC Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

The DCC Privacy Policy may be changed from time to time upon notice to you. Your use of the DCC Site shall subject you to the current terms of the Privacy Policy.

The DCC Site may use encryption technology to protect information from access by unauthorized third parties. DCC AND ITS RELATED PARTIES PROVIDE NO GUARANTY, REPRESENTATION, OR WARRANTY, WHETHER EXPRESS OR IMPLIED (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), THAT THE ENCRYPTION TECHNOLOGY WILL OPERATE AS INTENDED OR THAT A THIRD PARTY WILL NOT BE ABLE TO ACCESS INFORMATION. If you have any concern about sending any information over the Internet or otherwise communicating with DCC, then you should use an alternative means of submission. By sending information over the Internet in connection with your use of the DCC Site, you agree to indemnify and hold harmless DCC, its officers, directors, employees, contractors, agents, affiliates, and assigns from and against all claims arising out of or relating to any failure of the encryption technology to protect your information.

Links to Other Sites

This DCC Site may contain links to third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under DCC’s control, and DCC is not responsible for the practices, content, security, privacy policies or practices of the Linked Sites and does not endorse (and cannot censor or edit) the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Your Use of the DCC Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the DCC Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the DCC Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the DCC Site. DCC reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the DCC Site, or any other systems or networks connected to the DCC Site or to any DCC server, or to any of the services offered on or through the DCC Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the DCC Site or any network connected to the DCC Site, nor breach the security or authentication measures on the DCC Site or any network connected to the DCC Site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the DCC Site, or any other customer of DCC, including any DCC Account not owned by you, to its source, or exploit the DCC Site or any service or information made available or offered by or through the DCC Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the DCC Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the DCC Site or DCC’s systems or networks, or any systems or networks connected to the DCC Site or to DCC.

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the DCC Site or any transaction being conducted on the DCC Site, or with any other person’s use of the DCC Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to DCC on or through the DCC Site or any service offered on or through the DCC Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the DCC Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of DCC or others.

All rights not expressly granted to you in these Terms of Use or any other service terms you agree to are reserved and retained by DCC or its licensors, suppliers, rightsholders, or other content providers. The license granted by DCC automatically terminates if you do not comply with these Terms of Use or any other terms of service.

Your Participation

When using the DCC Site, be polite and obey the law. At all times while visiting the DCC Site and participating in, accessing, and using a DCC Site’s features, you must conduct yourself in a polite, courteous and respectful manner, and you must comply with all applicable laws, rules and regulations. Your failure to follow these guidelines may result in the suspension or termination of your DCC Account, or other action as DCC deems appropriate.

The DCC Site may allow you to upload certain content. You are solely responsible for all content created, provided, uploaded, linked, or posted by you or by any person using a personal account registered to, by or on behalf of you (collectively “User Content”). You hereby agree:

• to comply with the laws of the United States and the state of Colorado, including without limitation laws governing the transmission of technical data exported from the United States through the internet and other electronic media;
• to comply with all posted policies, rules, procedures, and practices of DCC and the DCC Site, including without limitation each provision of these Terms of Use;
• not to disrupt, interfere with, or access without permission (“hack”) the DCC Site or any website, network, server, system, or computer connected thereto;
• not to use the DCC Site for or in connection with chain letters, junk mail, or spamming, and not to contact any other user without his or her prior consent;
• not to create, provide, upload, link, post, or transmit any unlawful, harassing, defamatory, libelous, abusive, threatening or harmful User Content or information on, to or through the DCC Site;
• not to create, provide, upload, link, post, or transmit any User Content or information on, to, or through the DCC Site which encourages or incites conduct which gives rise to actual or potential criminal or civil liability or violates applicable law;
• not to create, provide, upload, link, post, or transmit any User Content or information on, to, or through the DCC Site which is libelous, obscene, or infringes upon or otherwise violates the intellectual property rights or other proprietary or privacy rights of any third party; and
• not to intentionally interfere with the operation of the DCC Site or the use and enjoyment thereof by other users or third parties.

Disclaimers

DCC DOES NOT PROMISE THAT THE DCC SITE OR ANY CONTENT, PRODUCT, SERVICE OR FEATURE OF THE DCC SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE DCC SITE WILL PROVIDE SPECIFIC RESULTS. THE DCC SITE AND ITS CONTENTS ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. DCC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE DCC SITE OR ELECTRONIC COMMUNICATIONS SENT FROM DCC WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DCC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. DCC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE DCC SITE AND/OR ANY DCC SERVICES. YOU EXPRESSLY AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE DCC SITE OR A DCC ACCOUNT AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST DCC FOR DISSATISFACTION WITH THE DCC SITE OR ANY CONTENT IS TO STOP USING THE DCC SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

DCC reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the DCC Site, or any portion of the DCC Site or DCC Account, for any reason; (2) to modify or change the DCC Site or any portion of the DCC Site; and (3) to interrupt the operation of the DCC Site, or any portion of the DCC Site or a DCC Account, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will DCC (or its directors, officers, employees, contractors, agents, affiliates or assigns) be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if DCC has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, DCC is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the DCC Site or any Content, DCC’s liability shall in no event exceed the greater of (1) the total amount you paid to DCC in the transaction giving rise to your claim, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

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 ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity

You agree to indemnify and hold DCC, its officers, directors, employees, contractors, agents, affiliates and assigns, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against DCC by any third party due to or arising out of or in connection with your use of the DCC Site. This obligation shall survive your use of the DCC Site.

Violation of These Terms of Use

DCC may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the DCC Site, or to identify, contact or bring legal action against someone who may be causing injury to or interfering with (either intentionally or unintentionally) the DCC Site, Content, DCC’s rights or property, or the rights or property of visitors to or users of the DCC Site, including DCC’s customers. DCC reserves the right at all times to disclose any information that DCC deems necessary to comply with any applicable law, regulation, legal process or governmental request. DCC also may disclose your information when DCC determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that DCC may preserve any transmittal or communication by you with DCC through the DCC Site or any service offered on or through the DCC Site or by other means of communication, and may also disclose such data if required to do so by law or DCC determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of DCC, its directors, officers, employees, contractors, agents, affiliates and assigns, users of or visitors to the DCC Site, and the public.

You agree that DCC may, in its sole discretion and without prior notice, terminate and/or block your access to the DCC Site or a DCC Account or terminate or block access to any related websites, products or services, if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the DCC Site, a DCC Account, or other website or service associated with DCC. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to DCC, for which monetary damages would be inadequate, and you consent to DCC obtaining any injunctive or equitable relief that DCC deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies DCC may have at law or in equity.

You agree that DCC may, in its sole discretion and without prior notice, terminate your access to the DCC Site or a DCC Account, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the DCC Site or any service offered on or through the DCC Site, or (3) unexpected technical issues or problems.

If DCC does take any legal action against you as a result of your violation of these Terms of Use, DCC will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to DCC. You agree that DCC will not be liable to you or to any third party for termination of your access to the DCC Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the DCC Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Colorado without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the federal court in Denver, Colorado, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You may not seek recovery for damages related to the use of the DCC Site. In any action to enforce or pertaining to these Terms of Use or the DCC Site, the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between DCC and you arising out of or in connection with your use of the DCC Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then the parties agree to submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue their claim under applicable law.

Void Where Prohibited

Although the DCC Site is accessible worldwide, not all Content, features, products or services discussed, referenced, provided or offered through or on the DCC Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. DCC reserves the right to limit, in its sole discretion, the provision and quantity of any Content, feature, product or service to any person or geographic area. Any offer for any Content, feature, product or service made on the DCC Site is void where prohibited. If you choose to access the DCC Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use, distribute, transmit, or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the DCC Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and DCC with regard to your use of the DCC Site, and any and all other written or oral agreements or understandings previously existing between you and DCC with respect to such use are hereby superseded and cancelled. DCC will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. DCC’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by DCC of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between DCC and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

DCC may provide access to international data and, therefore, may contain references or cross references to DCC products, programs and services that are not announced in your country. Such reference does not imply that DCC intends to announce or provide such products, programs or services in your country.

Notice of Claims of Copyright Infringement

As a user of a DCC Site, please respect the intellectual property rights of others. If you believe any Content constitutes copyright infringement of (i) one of your copyrighted works, or (ii) a copyrighted work of a copyright owner who has authorized you to act on his/her behalf, please provide us with the following information, in writing:

1. your electronic signature or actual physical signature;
2. a description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are allegedly being infringed, a list and description of such works;
3. a description of where the material that you claim is infringing is located on the DCC Site, such description must be reasonably sufficient to enable us to find the allegedly infringing material;
4. your address, telephone number, and email address (if you have an email address);
5. a statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. a statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the owner of the copyright in the allegedly infringed work or that you are authorized to act on behalf of the copyright owner of the allegedly infringed work.

You should provide the complete copyright infringement notice described above in writing to DCC’s Copyright Agent for notification of your claim of copyright infringement. The Copyright Agent may be contacted by mail, fax, or email as follows:

David C Cook
4050 Lee Vance Dr
Colorado Springs, CO 80918

By fax: 719-536-3265
By email: [email protected]

Upon receipt of a valid notice, DCC shall review the notice and determine whether the claimed infringing material should be removed from the DCC Site and provide an opportunity and notice to the posting party to respond to your claims. If DCC receives a counter notice, rejecting your claims, we shall provide you with a copy and will comply with applicable law in responding to same.

Feedback and Communications

Any feedback you provide at this DCC Site shall be deemed to be non-confidential. DCC shall be free to use such information on an unrestricted basis. By transmitting such feedback or information, you grant to DCC the perpetual, royalty-free right and license to use such feedback or information without further obligation to you.

When you send emails or messages to us, you are communicating with us electronically. You thereby consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the DCC Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy all legal requirements that such communications be in writing. Further, by providing information to us, or by submitting a service request, you are requesting and expressly consent to being contacted by us via phone, fax, email, mail, or other reasonable means of communication, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial, or other applicable “Do Not Call” list, so that we may provide you with the services requested, to service your Account, to address matters pertaining to your Account, or for other purposes related to our business.

You may contact DCC by writing, calling, or emailing us at the following:

David C Cook
4050 Lee Vance Dr
Colorado Springs, CO 80918

1-800-323-7543

[email protected]

[Last updated November 2021]