Terms of service
OVERVIEW
This retail store website (the “NAMB Store” or the “Site”) is operated by the North American Mission Board of the Southern Baptist Convention, Inc (“NAMB”). Throughout the Site, the terms “we”, “us” and “our” refer to NAMB in connection with the NAMB Store. We offer this Site, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These terms of service apply only to the NAMB Store and not to other websites, web pages, or other services or operations of or sponsored by NAMB.
By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service, and these Terms of Service will constitute an agreement between you and NAMB. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the Site or use any services available on or from the Site. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the NAMB Store from time to time shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
The NAMB Store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ELIGIBILITY TO USE SITE
You must be at least 13 years old to use this Site. By agreeing to these Terms of Service, you represent that (1) you are at least the age of majority in your state or province of residence or you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site, (2) all information you submit during Account registration or in using the Site is truthful and accurate, (3) you will maintain the accuracy of such information, and (4) your use of this Site does not violate any applicable law, rule or regulation. Your profile and Account may be terminated and deleted without notice or warning if we believe that you are 18 years old or older and you represent yourself as under 18, if we believe that you are under 18 years old and you represent yourself as 18 or older, or if we believe you are under 13 years old.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service (including the Service) to anyone for any reason at any time.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Site or the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature on or through our Site or via any Service offered on or through our Site.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of, use of, or access to the Site or the Service, or any contact on the Site through which the Service is provided, without our express advance written permission.
A breach or violation of any of the Terms of Service may result in an immediate termination of your Services.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.
You agree that communications and other transactions between you and us may be conducted electronically.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THE SITE
From time to time there may be information on the Site that contains typographical or other errors, inaccuracies or omissions, including but not limited to those that relate to product descriptions, availability, pricing, promotions, offers, product shipping charges, transit times and availability. Further, this Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. As a result, we do not guaranty the accuracy, completeness or currentness of any information on the Site, including product images, specifications, availability or pricing. We reserve the right to cancel any orders, change or update information and to correct any errors, inaccuracies or omissions at any time without notice to you, including after you have submitted an order, but we have no obligation to update, change or clarify any information on our Site except as required by applicable law. No specified update or refresh date applied in the Service or on the Site should be taken to indicate that all information in the Service or on the Site has been updated or refreshed. You agree that it is your responsibility to monitor changes to our Site. If you wish to cancel or change an order after information on this Site has been changed or corrected, please contact us right away.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the NAMB Store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We are not responsible if information contained in or provided by any product or service offered on this Site is not accurate, complete or current. Any reliance on such material is at your own risk.
SECTION 4 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the rights:
- to limit the quantities of any products or services that we offer,
- to discontinue any product or service at any time,
- to refuse any order you place with us,
- to limit the sales of our products or services to any person, geographic region or jurisdiction,
- to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, and
- to limit or cancel quantities purchased per person, per household or per order.
We may exercise these rights on a case-by-case basis. Without limiting the foregoing, we may apply these rights and restrictions to orders placed by or under the same Account or on the same credit card, and/or orders that use the same shipping address.
All descriptions of products or product pricing are subject to change at any time without notice in our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this Site is void where prohibited by applicable law. Availability of merchandise offered through the Site is not guaranteed. We shall not be liable to you or to any third party in connection with any price change, unavailability or discontinuance of any product or service, or any exercise of our rights under these Terms of Service.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or shipping address or phone number provided at the time the order was made.
We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We are not responsible if information contained in or provided by any such products, services, information or other material is not accurate, complete or current. Any reliance on such material is at your own risk.
SECTION 5 – ACCOUNTS AND REGISTRATION; ACCURACY OF BILLING AND ACCOUNT INFORMATION; TRANSACTIONS
You may, and to use some features of the Site you may be required to, set up a user account (an “Account”) on our Site. You will need to provide a password, username and other information such as your name and email address. You are solely responsible for keeping your Account information confidential. You may not sell, assign, license or otherwise transfer your Account to any third party without our express prior approval. Further, you are solely responsible for all activity that occurs under your Account on the Site, including but not limited to the activities of any person who uses the Site under your Account, whether or not authorized by you. You agree to promptly notify NAMB of any unauthorized use or other security breach in connection with your Account. NAMB will not be liable for any losses incurred as a result of any unauthorized use of your Account or any password or other Account information.
You understand that your data (not including credit card information) may be transferred unencrypted and that such transfers may involve (a) transmissions over various networks and (b) changes of your data to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Personal information submitted through the Site is governed by our NAMB Store Privacy Policy, which is incorporated into these Terms of Service as if set forth herein in full.
You agree to provide current, complete and accurate purchase and account information for all purchases made at the NAMB Store. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARDS OR OTHER PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY TRANSACTION ON THIS SITE. By submitting purchase, payment and/or account information, you grant us the right to use it and to provide such information to third parties for purposes of facilitating the transactions initiated by you or on your behalf.
You agree to pay all charges that may be incurred by you or on your behalf on the Site, at the prices in effect when such charges are incurred, including but not limited to all shipping and handling charges and any taxes appliable to your transactions. You authorize us to charge all applicable amounts to the payment method specified at the time of purchase.
SECTION 6 – RETURNS AND REFUNDS
For information about returns and refunds, please review our Returns Policy.
SECTION 7 – THIRD PARTY TOOLS
We may provide you with access to third party tools which we do not monitor and over which we do not have any control or input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third party tools. Any use by you of third party tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD PARTY LINKS
Certain content, products and services available via our Service or on the Site may include links to materials from third parties.
Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or with or without a request from us you send creative ideas, comments, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such Comments and you grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Comments in any manner and for any purpose, including but not limited to improving the Site. Without limiting the foregoing, we are and shall be under no obligation (1) to maintain any Comments in confidence, (2) to pay compensation for any Comments, or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property rights or these Terms of Service.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service, the Site or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy for additional information about how we collect and use personal information.
SECTION 11 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (1) for any unlawful purpose, (2) to solicit others to perform or participate in any unlawful acts, (3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, (4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, (5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, ethnicity, race, age, national origin, disability, or any other protected classification under applicable law, (6) to submit false or misleading information, (7) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, the Site or any related website, other websites, or the Internet, (8) to collect or track the personal information of others, (9) to spam, phish, pharm, pretext, spider, crawl, scrape, or use automated means to access the Site for any purpose, (10) to impersonate any person or entity or perform any similar fraudulent activity, (11) for any obscene or immoral purpose, (12) to attempt to decipher, decompile, disassemble or reverse engineer any of the software or other underlying code used to provide the Site, or (13) to interfere with or circumvent the security features of the Service, the Site or any related website, other websites, or the Internet. Further, by using the Site or the Service, you agree not to advocate, encourage or assist any third party in doing any of the foregoing. We reserve the right to terminate your use of the Service, the Site or any related website for violating any of the provisions of these Terms of Service, including but not limited to the prohibitions and agreements in this Section 11.
SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Site or the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE IS AT YOUR SOLE RISK. THE SITE, THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE OR THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED FOR YOUR USES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL NAMB, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, VOLUNTEERS, SUPPLIERS, SERVICE PROVIDERS, VENDORS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SITE, THE SERVICE OR ANY PRODUCTS PROCURED USING THE SITE OR THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.
NAMB IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE NOT SATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, WITH THESE TERMS OF USE, THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR ANY OTHER TERMS APPLICABLE TO USE OF THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS SITE.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances shall not exceed the amount paid by you to NAMB Store through the Site during the prior twelve (12) months.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NAMB AND ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, VENDORS, VOLUNTEERS, INTERNS AND EMPLOYEES, FROM ANY CLAIM, DEMAND, LIABILITIES, LOSS, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH (1) YOUR BREACH OF THESE TERMS OF SERVICE, THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR ANY OTHER TERMS APPLICABLE TO USE OF THIS SITE, (2) ANY ACTIVITY RELATED TO YOUR ACCOUNT OR YOUR USE OF THE SITE OR THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT), OR (3) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms of Service.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
For any reason, including but not limited to if in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate your profile and/or Account and your ability to use the Site or access the Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
SECTION 17 - ENTIRE AGREEMENT
No failure by us to exercise or enforce any right or provision of these Terms of Service shall constitute a waiver of such right or provision.
Please review our other terms and policies posted on the Site, including our Shipping Policy, our Return Policy, and our Privacy Policy (the “Additional Terms”). The Additional Terms are incorporated into, and made a part of, these Terms of Service by reference and also govern your use of the Site and the Service.
These Terms of Service, including the Additional Terms, constitute the complete expression of the agreement between you and NAMB relating to the subject matter thereof, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
If any part of these Terms of Service is held to be invalid or unenforceable for any reason, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
NAMB shall not be liable for any failure or delay of performance due to circumstances beyond NAMB’s control. No failure or delay on NAMB’s part to enforce any right or provision of these Terms of Service will be deemed a waiver thereof or prevent NAMB from enforcing such right or provision in the future.
NAMB may assign these Terms of Service and our rights and obligations thereunder, including in connection with a merger, consolidation, sale or acquisition of assets, or by operation of law.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – RELIEF
You agree that any breach or threatened breach by you or your agents of any provision in these Terms of Service will cause harm to NAMB that will be irreparable. For that reason, NAMB shall be entitled as a matter of right to a temporary restraining order, and an injunction (temporary and permanent) by any court of competent jurisdiction (including but not limited to any court described in Section 18(C) below), restraining any further violation of such provisions by you or your agents. These rights of restraint and injunction shall be cumulative and in addition to all other legal and equitable remedies NAMB may have, including, specifically, recovery of damages.
SECTION 19 - GOVERNING LAW; RESOLUTION OF DISPUTES; VENUE
- These Terms of Service and any separate agreements whereby we provide you Services (“Services Agreements”) shall be governed by and construed in accordance with, and the laws applicable to any transactions (including but not limited to purchases) using or related to the Site or any other transactions between you and NAMB (collectively, “Transactions”) shall be, the laws the State of Georgia excluding its provisions relating to conflicts of laws, and applicable federal laws of the United States.
- You agree that any controversy or claim arising out of or relating to these Terms of Service or any Services Agreement, the breach thereof, your use of the Site or the Service, or any Transaction, shall be submitted to mediation administered by Henning Mediation & Arbitration Service, Inc. (“HMA”), or another mutually-agreeable mediation service,in accordance with its procedures. If the parties are unable to resolve their dispute in mediation, the dispute shall be settled by binding arbitration administered by HMA in accordance with its rules, provided, that the Georgia Rules of Evidence shall govern the use and admissibility of evidence. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration hearing and all proceedings in connection therewith shall take place in Atlanta, Georgia. The arbitration shall be conducted by a single arbitrator selected by the parties from HMA’s panel of arbitrators, or, if they are unable to agree on the selection, by a single arbitrator appointed by HMA, provided, that, in addition to other qualifications required by HMA, the arbitrator shall be a retired or active judge or attorney who has been in practice at least ten (10) years. The arbitration hearing shall be commenced within 90 days of the filing of a Demand for Arbitration by either party, and the award shall be rendered within 30 days of the conclusion of such hearing. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of or relating to Terms of Service or any Services Agreement, the breach thereof, your use of the Site or the Service, or any Transaction, and the parties expressly waive their right to file a lawsuit in any civil court against one another for such disputes, provided, that NAMB may seek injunctive relief as provided in these Terms of Service or any Services Agreement. In any action between the parties hereto relating to these Terms of Service or any Services Agreement, the breach thereof, your use of the Site or the Service, or any Transaction, the substantially prevailing party shall, in addition to any other award of damages or other remedy, be entitled to reasonable attorneys’ fees to the extent permitted under applicable law. The parties are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceeding thereunder shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16, subject to the procedural rules specified and incorporated above in this Section 19.
- Subject to the foregoing in this Section 19, any lawsuit, court proceeding or other action relating to these Terms of Service or any Services Agreement, the breach thereof, your use of the Site or the Service, or any Transaction must be brought in the state or federal courts located in Fulton County, Georgia. You consent and submit to the personal jurisdiction of such courts, and waive any objection based on inconvenient forum, for the purposes of any such action.
SECTION 20 CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@namb.net.