Terms and Conditions
Effective (Revised) as of August 12, 2022
Accepting the Terms
These Terms & Conditions apply to the Ananias Foundation (“Ananias”) website located at www.AnaniasFoundation.org and all other sites, mobile sites, services, applications, platforms and tools where these Terms and Conditions appear or are linked (collectively, the “Site”). As used in these Terms & Conditions, “Ananias”, “us” or “we” refers to Ananias Foundation and its subsidiaries and affiliates.
These Terms and Conditions are entered into by and between You, the User (“User”) and Ananias Foundation. The following Terms and Conditions govern your access to and use of the Site, including any content functionality, products and/or services offered on through the Site.
By accessing and using the Site, you accept and agree to be bound by these Terms and Conditions. In addition, when using the Site’s particular services you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms and Conditions.
We recognize that it is possible for you to obtain access to the Site from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on the Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
THESE TERMS AND CONDITIONS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW.
ANY PARTICIPATION IN THE SITE, AFTER RECEIVING NOTICE OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ACTUAL OR INQUIRY NOTICE, WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THE SITE.
When you use Ananias services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you will be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site or through the other Ananias services, such as our forums or courses, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Age of User
You must be 18 years of age, or the age of majority in your province, territory, or country, to use the Site. Individuals under the age of 18, or the applicable age of majority, may do so only with the involvement of a parent or legal guardian and is otherwise subject to these Terms and Conditions. Users under the age of 13 are not permitted to use the Site, regardless of parental consent.
Ananias does not knowingly collect information from individuals under 13 years of age (“child”). If you are a child, do not submit any information to Ananias. Likewise, if you are under 18, you may use the Site only with permission and involvement of a parent or guardian. If a parent, guardian, or other concerned persons become aware that we have collected information from a child, please contact us promptly and we will take steps to delete and remove any such information.
You may need your own Ananias account to use certain Ananias Services (such as purchasing goods, participating in courses, etc.) and you may be required to be logged in to the account and have a valid payment method associated with your account. When creating your account, you must provide accurate and complete information. You agree you are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your account, to accept responsibility for all activities that occur under your account or password (regardless of whether authorized or not), and that you will maintain and update your account information as required in order to keep it current, complete, and accurate. Ananias is not responsible for any losses arising out of the use of your account, authorized or not. Additionally, you agree that Ananias is not responsible if you lose or share access to your device with another, which could have access to your account.
Account Restriction or Termination by Ananias
In our sole discretion and for any reason, we may restrict or terminate your account and your access to services provided on the Site, without prior notice. Upon termination, your access to the Site, the right to use the Site and its services, and any of your User Content will immediately cease and be deleted. We shall not be liable to you or any third party for any claims for damages arising out of any termination, restriction, or any other actions taken by us in connection with your account.
Users may stop using the Site and its services at any time by terminating your account or ceasing to use the Site. To terminate your account, send an email to firstname.lastname@example.org. In the email, please state that you intend to close your account. You acknowledge, by terminating your account, you may be unable to use the Site in its full capacity. You agree not to create an account or use the Site if your previous account was terminated or is currently restricted by us. If we discover you have created a new account despite your previous account being terminated or restricted, then we have reasonable grounds to terminate all your accounts on the Site.
Your acceptance of these Terms and Conditions shall survive any termination.
Changes to These Terms and Conditions
Ananias reserves the right in its sole discretion to change, modify, add, or remove any portion of these Terms and Conditions, in whole or in part, at any time, by posting revised Terms on the Site. Notification of such changes will be provided on the homepage of the Site. It is your responsibility to check periodically for any changes we make to these Terms and Conditions. Revised Terms will take effect on and after 12:01am GMT on the fifth day following the posting of the revised Terms on the Site. Your continued use of the Site after that point signifies that you accept the changes.
Product/Service Descriptions and Site Errors
All products and services and related content, features, availability, specifications, and prices as depicted (“Site Content”) on the Site are subject to change at any time without notice. The inclusion of any products or services on a Site at a particular time does not imply or warrant that these products or services will be available at any time. Any reliance on the Site Content is at your own risk.
Reviews, Comments, Communications, and Site Conduct
You may submit content, suggestions, ideas, comments, questions, feedback, or other information so long as the content is not illegal, obscene, vulgar, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), sexist, racist, discriminatory, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, trojans, malware, spiders, robots, or other harmful programs, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a comment, review, content, or other possible submission, as well as use false credit card, debit card, or other payment information. Ananias reserves the right (but not the obligation) to remove or edit such content.
If you do submit material, and unless we indicate otherwise, you grant Ananias and all its affiliates, a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. Ananias has the right but not the obligation to monitor and edit or remove any activity or content. Ananias takes no responsibility and assumes no liability for any content posted by you or any third party.
Third Party Processing Payments
This site does not process debit cards, credit cards, or take other payment processing information. Payment processing is handled through third-party services. The Site will likely contain links to such services. While Ananias abides by the Terms and Conditions set forth on third party sites where Ananias is hosted, Ananias is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, Ananias strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. YOU MUST ABIDE BY AND ADHERE TO THE TERMS AND CONDITIONS ON SUCH THIRD PARTY SITES IN ADDITION TO THOSE SET FORTH BY ANANIAS. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by Ananias of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site.
YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
For purposes of these Terms, “Content” is defined as any information, communications, software, published works, photos, video, graphics, thumbnails, music, sounds, or other material that can be viewed by users on our Site and is owned by Ananias or its Affiliates. Additionally, “Content” also includes all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula, or work product.
By accepting these Terms, you agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States, these rights are valid and protect in all forms of media and technologies existing now developed in the future, and is the sole property of Ananias or its Affiliates.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
Choice of Law
The laws of the State of Iowa govern these Terms and Conditions and your use of the Site without its application to choice of law rules. You also agree the Federal Arbitration Act and applicable federal law also governs these Terms and Conditions and the use of the Site.
All disputes that arises between You and Ananias, shall first be addressed through informal, direct discussions. If the dispute cannot be settled through direct discussions, You and Ananias, agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy between You and Ananias, shall be settled by arbitration, rather than in court. Arbitration will be administered by the AAA in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
In arbitration, there is no judge or jury, and court review of an arbitration award is limited. An arbitrator can, however, award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damage), and parties must follow the terms of these Terms and Conditions as a court would.
Both You and Ananias agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason, a claim proceeds in court rather than an arbitration, You and Ananias each waive any right to a jury trial.
Both You and Ananias agree are responsible for paying your filing, administrative, and arbitrator fees in accordance with the rules of the AAA.
Disclaimer of Warranties
ANANIAS IS PROVIDING THE SITE, THE PRODUCTS, SERVICES, AND SOFTWARE TO THE USER “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS.” THE USER IS USING THE SITES AT THEIR OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ANANIAS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, RELIABILITY, AVAILABILITY, ACCURACY, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE SITE BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER. LIKEWISE, ANANIAS DISCLAIMSTHAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE SITE WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED. THE MATERIALS AND INFORMATION ON THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE PRECEDING DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY US TO YOU THROUGH THE SITE.
ANANIAS MAKES NO WARRANTY TO MAINTAIN USER PROVIDED CONTENT ON THE SITE. ANANIAS MAKES NO WARRANTY TO CONTINUE THE SITE, PRODUCTS, SERVICES, AND/OR THE SOFTWARE USED IN THE SITE’S OPERATION. THE SITE, PRODUCTS, SERVICES PROVIDED, AND/OR SOFTWARE MAY BE DISCONTINUED AT ANY TIME WITHOUT NOTICE OR OBLIGATION.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ANANIAS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT (INCLUDING PRODUCTS AND SERVICES) ON THE SITE OR SUCH OTHER SITES.
THIS INCLUDES ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO/ALTERATION OF/LOSS OF/AND USE OF ANY RECORD OR DATA AND, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
REGARDING THE INFORMATION ON THE SITE, ANANIAS WILL NOT BE LIABLE
REGARDLESS OF THE CAUSE, DURATION, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, INAUTHENTICITY, DELAY OR INTERRUPTION OF TRANSMISSIONS, AND MODIFICATION OR REMOVAL OF CONTENT.
ANANIAS IS NOT LIABLE TO MAINTAIN COMMENTS, REVIEWS, LIKES, VIEWS, AND OTHER SUCH USER CONTRIBUTIONS ON ANY DELETED CONTENT ON THE SITE. LIKEWISE, ANANIAS IS NOT LIABLE FOR ANY ERROR, OMISSION, OR REMOVAL OF CONTENT ON THE SITE.
THE FOLLOWING PROVISION APPLIES ONLY TO THE USE OF THE SITE AND THAT PROOF OF DAMAGES IS DIFFICULT TO ASSESS. IN NO EVENT SHALL ANANIAS’S AGGREGATE LIABILITY BE GREATER THAN $100, TO THE AMOUNT EQUAL TO THE CONTRACT PRICE OF THE DISPUTED SERVICES, OR THE SUM OF MONEY ACTUALLY PAID BY CUSTOMER TOWARD THE DISPUTED SERVICES, WHICHEVER IS LESS. YOU AGREE THIS SUM IS CONSIDERED AS LIQUIDATED DAMAGES, NOT AS A PENALTY, AND IS REASONABLE IN THE LIGHT OF THE ANTICIPATED OR ACTUAL LOSS CAUSED BY A POTENTIAL BREACH OF CONTRACT THROUGH YOUR USE OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Damages
IN ACCORDANCE WITH IOWA CODE § 554.2719(1)(A), YOU AGREE YOUR DAMAGES REGARDING PRODUCTS SOLD ON THE SITE ARE LIMITED TO RETURNING THE GOODS AND BEING REPAID FOR THE PRICE OF THE PRODUCT OR REPAIRING AND REPLACING THE NONCONFORMING PRODUCT OR PARTS.
You agree to defend, indemnify, and hold harmless Ananias, its subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against all third-person claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with your improper use, other misconduct, or any other use of the Site, services, products in violation of these Terms and Conditions or any other applicable law.
Third Party Beneficiary
You herein acknowledge, understand, and agree these Terms and Conditions infer no third-party beneficiaries to this agreement.
If any provision of this agreement is unlawful, void or unenforceable, said provision shall be removed only to the extent necessary and the remaining provisions of the agreement will remain in full force and effect. Likewise, in the event of conflict between Ananias’s Terms and Conditions and those of Third Party Host Sites on matters pertaining to such sites, like order payment, the Third Party Host’s Terms will preclude Ananias’s own. If Host Site’s Terms are silent on particular issues, Ananias’s Terms will control.
These Terms and Conditions and any subsequent amendments constitute the entire agreement and understanding between You and Ananias concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.