These Internet Terms of Use ("Agreement") along with the other documents incorporated by reference herein, set forth the following terms and conditions for use of the website at www.ggcrami.org (“Site”) and its contents.  By accessing and continuing to use the Site, any private member or public use customer (jointly “User”) acknowledge they have read, accept and agree to be legally bound by these Terms of Use between the User and the Capitular Learning Center (“CLC”) whether or not registered as a member of the Site. Please read this Agreement carefully, if any Term of Use is unacceptable, do not use this Site.

 

A. Modification of Terms of Use

 

Changes to the Terms of Use are binding.  The Capitular Learning Center reserves the right to change the Terms of Use from time to time without advance notice, including but not limited to charges associated with the use of the Site.  Continued use of the Site or any of its content after any modifications have been made shall constitute agreed acceptance on a prospective basis to any amendment, modification or change to the modified Terms of Use. Modifications to these Terms of Use will be posted at this URL and will be effective when posted.  Accordingly, Users should read these Terms of Use from time to time to learn any changes.

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B. Linked Sites

 

The CLC Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of CLC, and CLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CLC is not responsible for webcasting or any other form of transmission received from any Linked Site. Use of Linked Websites is at the risk of the User and subject to the terms and conditions of the providers of such Linked Websites.

 

CLC provides Linked Sites as a convenience to a User of this Site.  The inclusion of any link does not imply referral or endorsement of the linked Website providers, or their products or services by the Capitular Learning Center or any association with its operators.

 

Any links to www.ggcrami.org or any affiliated CLC Site may not suggest or imply CLC’s endorsement or approval of any product, position, entity or individual, or portray CLC in a false, misleading, derogatory or otherwise defamatory manner, and the linking site may not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.

 

C. Acceptable Use, Permissions and Restrictions

 

Users may only make non-commercial use of the Site and any content therein. Members may access training course and general Masonic education instructional videos for own personal use. Additionally, members may download any training course materials for which a downloading option is offered on the Site, and may display those training course materials to Companions for free as part of Capitular teaching instructional activities at a Constituent Chapter or other masonic event sponsored by Royal Arch Masonry.  Except as specifically permitted in the preceding sentence, Users may not retransmit, publish, distribute, display or otherwise make available any of the CLC training course materials to others. In no event may a User alter or modify the training course materials or any other content, including, without limitation, by adding any advertisement or other non-Masonic material, or by interfering with the viewing of any instructional content. Users agree to retain all copyright and other notices on any content obtained from the Site.

 

1. Member Accounts

 

As a feature of the CLC Site, members will be allowed to register with the Site and establish an individual account. If a User registers as a member, the User agrees to provide accurate and complete information when creating or updating an individual, private account.  Users are solely responsible for the activity that occurs on a private account, and must keep a private account password secure. A User agrees to notify CLC immediately of any unauthorized use of a private account or other breach of security. A User may not use another member’s account without the expressed permission of CLC.

 

2. Fair and Lawful Use

 

Account holders will be able to participate in online discussion or training forums, to submit Masonic educational materials, post comments, and/or other content on the Site (collectively, “User Content”).  A User is solely responsible for any User Content posted post or submitted to the Site, and for the consequences of posting or submitting it. By posting or submitting User Content to the Site, a User grants CLC a nonexclusive, worldwide, irrevocable, fully paid, perpetual license to use, reproduce, prepare derivative works of, distribute, display, perform, and otherwise make available the User Content in connection with the Site and for broader educational purposes, including without limitation for promoting or redistributing part or all of the Site (and derivative works thereof) in any manner or media, and to authorize others to do the foregoing.  By posting or submitting User Content to the Site, a User hereby represents and warrants the right to grant CLC the foregoing rights, and that neither the User Content nor CLC use of it as permitted under the foregoing license will infringe or violate another’s rights.

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3. Account Termination 

 

The Capitular Learning Center reserves the right to act immediately and without notice to suspend or terminate all or any portion of User access without notice for any of the reasons set forth in these Terms of Use or CLC Privacy Policy.  By way of example, but without limitation, a User may be further subject to forfeiture of all rights, privileges, entitlements and/or balances of a private account if a User:

 

• provides false or inaccurate information to CLC;

 

• fail to comply with CLC requests concerning a private account;

 

• interferes with another User’s access to CLC services, the Site or Internet;

 

• causes harm to or interferes with the integrity or normal operations of the Site;

 

• violates any part of this Agreement;

 

• engages in conduct that is a violation of any law, rule, regulation or tariff (including, without limitation, copyright and intellectual property laws);

 

• exposes CLC to sanctions, prosecution, civil action or any other liability;

 

• causes a court order or government notice to cease User access;

 

• engages in conduct that is threatening, abusive or harassing to person(s) acting on behalf of CLC; or

 

• otherwise presents an imminent risk of harm to CLC, its Users or other associated party.

 

4. Reserved Rights

 

Nothing in these Terms of Use is intended to restrict a User from making appropriate use of instructional training materials, in the absence of permission granted under these conditions, would not infringe or violate the rights of CLC or any other copyright, trademark, use or other rights.  However, all rights in the Site and the User Content that are not expressly granted are reserved. A User hereby accepts and agrees to use the Site and the User Content only in ways that comply with all applicable laws, as well as with these Terms of Use, and that do not infringe or violate another’s rights.

 

D. Obligation to Monitor

 

CLC has no obligation to screen, edit or monitor content of any materials distributed, accessed, or posted in any interactive User Content area of the Site. However, CLC reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice that CLC determines violates the above standards or any other provision of these Terms of Use, and to terminate the applicable user’s account and right to use the Site, in addition to any other rights or remedies available to us.  CLC does not approve or endorse any statements, representations or materials that may be made available in User Content, and a User agrees that CLC will have no responsibility or liability in connection with User access to any User Content.

 

E. Unlawful or Prohibited Use

 

As a condition of use of the CLC Site, a User shall warrant to the Capitular Learning Center the CLC Site will not be used for any purpose that is unlawful or prohibited by these terms, conditions, and notices, including but not limited to, any manner which could damage, disable, overburden, or impair the CLC Site or interfere with any other party’s use and enjoyment of the CLC Site. A User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Capitular Learning Center website.  By way of example, and not as a limitation, a User of the CLC Site to not:

 

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

 

• 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 the User owns or controls 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 or buy any goods or services for any business purpose, without prior approval of the Capitular Learning Center.

 

• Conduct or forward surveys, contests, pyramid schemes or chain letters.

 

• Download any file posted by another User that should reasonably be known, 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.

 

• Violate any code of conduct or other guideline which may be generally applicable to a particular function or service.

 

• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

 

• Violate any applicable laws or regulations.

 

• Restrict or inhibit any other User from using and enjoying the services of the Capitular Learning Center.

 

F. Copyright and Trademarks

 

Nothing in these Terms of Use or on the Site will be construed as granting a User any right or license to use any trademarks, service marks, or logos displayed on the Site. Users further agree not to infringe, publish, submit, copy, upload, download, post, transmit, reproduce, or distribute software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless the User owns or controls the rights thereto or have received all necessary consent to do the same.

 

1. User Content

 

CLC does not claim ownership of User Content, and has no obligation to investigate possible copyright infringements with respect to materials transmitted by any User of the Site. Further, CLC assumes no responsibility, and Users assume all risks, regarding the determination of whether User Content material is in the public domain, or may otherwise be used for such purposes.

 

2. Site Content

 

CLC respects the intellectual property rights of others. If it is believed a copyright has been violated on the Site, please notify CLC at copyright@ggcrami.org that upon obtaining such knowledge or awareness, CLC may immediately act to remove or disable access to the material. This contact information pertains only to notifications of claimed infringement. Please direct all other communications concerning the Site to info@ggcrami.org.

 

In accordance with the Digital Millennium Copyright Act (see 17 U.S.C. §512(c)(3), report claims of infringement that substantially include the following:

 

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

 

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

 

• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

 

• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

 

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

 

ALL INQUIRIES NOT COMPLETE OR RELEVANT TO THE FOREGOING PROCEDURE WILL RECEIVE NO RESPONSE.

 

G. Website and Site Elements

 

CLC at its sole discretion, reserves the right at any time to cease providing any content, modify, suspend, interrupt, or discontinue any aspect, element, or any portion thereof of the Site, or to cease making the Site available without notice.  User further agrees that CLC has the right, but not the obligation, and shall not be liable to the User or any third party for taking any of the following actions at any time and for any reason without providing prior notice:

 

• to refuse, move or remove any content available on or through the Site;

 

• to discontinue the Website or any services offered through the Site at any time without notice;

 

• to establish general practices and limits concerning use of the Site;

 

• to take necessary action(s) for any legitimate business reason;

 

• to discontinue or materially modify the Site (or any part thereof);

 

• to address unexpected technical or security issues or problems;

 

• to comply with requests by law enforcement or other regulatory agency;

 

• to respond to a direct User request; and/or

 

• to enforce a breach or violation of the Terms of Use or other incorporated agreement or policy.

 

 

H. Eligibility

 

The CLC Site is not intended for children who are under 13 years of age. Use of the Site by anyone under 13 years of age is not authorized.  Any User of the Site affirms to be either more than 18 years of age, an emancipated minor, or possess legal parental or guardian consent; and fully competent to use the Site and to enter into and comply with these Terms of Use.  A member User registering for a private account further affirms to be a member in good-standing of a recognized Masonic Body. In any case, access by a User to the CLC Site affirms to be at least 13 years of age.

 

I. Disclaimer of Warranties

 

Use of the CLC website, its services and materials on this Site (jointly “services”) is at the User’s own risk and all services are provided “as is” and on "as available" basis.  To the f maximum extent permitted by applicable law, CLC expressly disclaims any and all warranties, conditions and other terms either express or implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, non-infringement of third parties’ rights and fitness for particular purpose.

 

1. Damages

 

In no event shall CLC and/or its collaborators, providers or 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 the Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if CLC or any of its collaborators, providers or suppliers has been advised of the possibility of damages.

 

2. Usability

 

CLC further makes no warranty that:

 

• materials or services will meet User requirements;

 

• services will be uninterrupted, timely, secure, or error-free;

 

• materials or services are accurate, complete, and reliable;

 

• User Content provided by others is of sufficient value or quality;

 

• any particular service or content will continue to be made available; and/or

 

• the Site or its servers are free of viruses or other harmful components.

 

 

3. Downloads

 

Any material downloaded or otherwise obtained through the use of the CLC Site or its services is done at the User’s own discretion and risk, and is solely responsible for any damage to a computer system or loss of data that results from the download of any such material.  CLC recommends Users operate industry-recognized software to detect and disinfect viruses from any download.

 

4. References

 

Reference to any Masonic jurisdictional authority, product, service, program or other information, by trade name, trademark, manufacturer, supplier, Masonic or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by CLC.

 

5. Remedy

 

No advice or information, whether oral or written, obtained by a User from CLC or through or from the Site will create any warranty not expressly stated in this Agreement.  If a User is dissatisfied with any portion of the CLC website, or with any of these Terms of Use, the sole and exclusive remedy is to discontinue using the Site.

 

J. Disclaimer of Liability 

 

In no event shall CLC, its licensors, affiliates, collaborators, service providers, or others be liable to a User for any direct, incidental or consequential damages of any kind, including, without limitation, loss of use, loss of income, loss of actual or anticipated profits, loss of business, loss of contracts, loss of goodwill or reputation, loss of anticipated savings, loss of, damage to or corruption of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of this Site, the services, the materials contained in or accessed through this website, including without limitation any damages caused by or resulting from reliance by a User on any information obtained from CLC, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance.

 

K. Indemnity

 

The User agrees to indemnify and hold harmless the Capitular Learning Center,  licensors, affiliates, collaborators, service providers, Masonic jurisdictions, or others (the “Indemnified Parties”) and their respective officers, governing board members, committees, members, employees, and agents, from and against all claims, actions, suits, damages, liabilities, and costs (including, without limitation, reasonable legal fees) arising from or relating to use of or inability to use this Site, or any of the materials and User Content, and/or User failure to comply with any provision of these Terms of Use.

 

L. General

 

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. User rights under these Terms of Use are personal, non-exclusive and non-transferable. Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms of Use. A failure by CLC to act with respect to a breach by a User or others does not waive any CLC right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided in these Terms of Use, nothing herein shall be deemed to confer any third-party rights or benefits. CLC may change these Terms of Use from time to time without advance notice. Use of the Site or any of the content after any modifications have been made will constitute User agreement on a prospective basis to the modified Terms of Use and all of the changes. These Terms of Use set forth the entire understanding and agreement between a User and CLC with respect to the subject matter hereof.