1. Governing Provisions.
TCNL attempts to post accurate information, but errors may sometimes occur. Any such errors in product specifications and descriptions will be corrected when discovered, and TCNL reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.
2. U.N. Convention.
The rights and duties of the parties hereunder shall not be governed by the provisions of the United Nations Convention on contracts for the international sales of goods.
3. Copyrights and Trademarks.
Content included on or comprising the Website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") are protected by copyrights, trademarks, patent or other proprietary rights. All Content is copyrighted as a collective work under the U.S. copyright laws and TCNL owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement and enhancement of such content. Except as expressly authorized or licensed, you may not copy, reproduce, store, modify, remove, delete, augment, add to, publish, transmit, broadcast, circulate, distribute, download, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the content, in whole or in part.
4. Exclusion of Consequential Damages and Disclaimer of Liability; Your Indemnity.
TCNL SHALL NOT BE SUBJECT TO AND DISCLAIMS: (1) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY, (2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO SERVICES RENDERED BY GLOWING MIND, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, AND (3) ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.
5. Disclaimers and limitations of liability relating to use of the Website.
The Website is provided on an "AS IS," "as available" basis. Neither the TCNL nor our affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors, or the like (collectively "Affiliates") warrant that use of the Website will be uninterrupted or error-free. Neither the TCNL nor our Affiliates warrant the accuracy, integrity or completeness of the content provided on the Website. You expressly agree that use of the Website is at your sole risk.
You agree that under no circumstances shall the TCNL or our Affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files or e-mail errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to TCNL records, programs or services.
TCNL may at any time discontinue the Web Site in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. TCNL shall not be responsible for any loss, cost, damage or liability that may result from any of the circumstances, actions or inactions described in this paragraph. The foregoing limitation of liability shall apply whether in an action of contract, negligence or other tort.
6. Force Majeure.
If any provisions of these terms and conditions of sale shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any legal and enforceable provision hereof, which shall be construed as if such illegal and unenforceable provision(s) had not been inserted herein.