Terms and Conditions

Last Revised: October 29, 2015

Welcome to AdventistsForProgress.com (known as “Adventists for Progress,” “AFP,” “Website,” or “Site”). Please read the following Terms and Conditions (“TAC” or “Agreement”) before accessing, using, or submitting comment, content, information, or material to, the Website, its social media sites at Facebook, Flickr, Google+, Twitter, and YouTube (collectively known as “AFP Social Media”), Amazon.com bookstore for AFP (“Amazon AFP“), or the third party PayPal site that handles and processes monetary contributions to AFP (“PayPal AFP“). By accessing, using, or submitting comment, content, information, or material to, the Website, AFP Social Media, Amazon AFP, or PayPal AFP you understand, acknowledge, and agree to be legally bound by these Terms and Conditions.

I. MODIFICATIONS:

Adventists for Progress and its owner, Gemelito Laluna (“Owner”), reserve the right to modify (including, but not limited to, the right to delete, discontinue, edit, remove, revise, or update) or otherwise change, in part or in whole, any portion of Adventists for Progress‘ Terms and Conditions (including, without limitation, any and all disclaimers) at any time without prior or further notice. Your continued access, use, or submission of comment, content, information, or material to, Adventists for Progress, AFP Social Media, Amazon AFP, or PayPal AFP after any change(s) to the Terms and Conditions, will constitute your agreed understanding, acknowledgement, and acceptance of such modification(s) that legally binds you. Adventists for Progress and its Owner encourage visitors to the Website, AFP Social Media, Amazon AFP, or PayPal AFP to frequently check this page for any modification(s) to Adventists for Progress‘ Terms and Conditions.

Unless expressly stated otherwise by the Owner in written form and posted in the Terms and Conditions of Adventists for Progress,  AFP and its Owner also reserve the right, at any time and from time to time, to add new features or functionality (including, without limitation, video and related projects) that augment or enhance AFP, AFP Social Media, Amazon AFP, and/or PayPal AFP as well as to modify or discontinue, temporarily or permanently, the Website, AFP Social Media, Amazon AFP, PayPal AFP, or any part thereof in regard to such sites, with or without notice, which shall be subject to the Terms and Agreement. You also understand, acknowledge, and agree that Adventists for Progress and its Owner, shall not be liable to you or to any third party for any modification, suspension, or discontinuance of AFP, AFP Social Media, Amazon AFP, and/or PayPal AFP.

Finally, you can view, at any time, the most current version of the Adventists for Progress‘ Terms and Conditions by clicking here where such version is available that supercedes all prior TAC versions.

II. DISCLAIMERS: LIMITATIONS OF DAMAGES, LIABILITIES, AND WARRANTIES:

A. GENERAL:

Adventists for Progress, AFP Social Media, Amazon AFP, and PayPal AFP are available “as is.” Adventists for Progress and its Owner do not warrant that Adventists for Progress, AFP Social Media, Amazon AFP, and PayPal AFP, will be uninterrupted, error-free, or free from security and/or privacy breaches or other problems. There may be delays, interruptions, inaccuracies, and/or omissions in the advice, advertisement, analysis, commentary, data, facts, information, links, news, opinion, statement, statistics, or other materials available through Adventists for Progress, APF Social Media, Amazon AFP, and PayPal AFP. The Site and its Owner does not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to this Website, AFP Social Media, Amazon AFP, and PayPal AFP, or any information, goods, and/or service that may be available or advertised or sold through such sites. The Site and its Owner does not make any representations, nor do they endorse the accuracy, completeness, reliability, privacy, security, or timeliness of any advice, advertisement, analysis, commentary, data, facts, information, news, opinion, statement, statistics, or other material or database displayed, uploaded or distributed on Adventists for Progress, AFP Social Media, Amazon AFP, and PayPal AFP, or available through links on such websites. The Site and its Owner reserve the right to correct any errors or omissions, where the either of them have the reasonable ability to, on this Website, AFP Social Media, Amazon AFP, and PayPal AFP.

B. AVAILABILITY AND MALFUNCTIONS:

Adventists for Progress, AFP Social Media, Amazon AFP, and PayPal AFP may be unavailable, from time to time, because of computer equipment malfunction, maintenance, or for various other reasons. Adventists for Progress and its Owner assume no responsibility and/or are not liability for any delays, defects, deletions, errors, interruptions, or omissions, related to the alteration of, or destruction, theft, or unauthorized access to, user communications.

Moreover, Adventists for Progress and its Owner assume no responsibility and/or are not liable for any and all technical or non-technical malfunctions, or other problems. Such other problems, include, without limitation, any problems of computer or mobile phone equipment; computer, program, or software applications; computer systems; hosting services; providers or services; telephone networks or telephone services; and/or failure of e-mail or players, all of which collectively or individual, that are due to technical problems, traffic congestion on the Internet, or in connection with the Website, AFP Social Media, Amazon AFP, and/or PayPal AFP.

Finally, Adventists for Progress and its Owner assume no responsibility and/or are not liable for any and all injuries or damages to a user’s or any other person’s computer, mobile phone, tablet, or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the Site, AFP Social Media, Amazon AFP, and PayPal AFP including, without limitation, clicking on links on such sites.

C. SECURITY AND MALWARE RISKS:

The Internet may be subject to security breaches. As such, Adventists for Progress and/or its Owner are not responsible for any and all damages as a result from any such security breach, and/or malware (including, without limitation, any and all adwares, computer viruses, keyloggers, ransomwares, scarewares, spywares, trojan horses, worms, and other malicious programs) and other destructive materials, bugs, computer line failures, defects, delays in operation or transmission, deletions, errors, fraud, omissions, other types of technical failure, tampering, unauthorized interruptions, or other types of malfunction.

Also, the Site and its Owner does not guarantee or warrant that this Website, APF Social Media, Amazon AFP, and PayPal AFP, as well as such websites’ content (including, without limitation, links) that may be downloaded from, used on, or linked from, the Website, AFP Social Media, Amazon AFP, and/or PayPal AFP do not contain such malware and/or other destructive materials. We are not liable for any and all damages, injuries, losses, or harms attributable to such malware and/or destructive materials. If you use Adventists for Progress, AFP Social Media, Amazon AFP, and PayPal AFP including, without limitation, any application, material or link available through such websites, you do so at your own risk.

Finally, please be aware that transmission via the Internet, networks, or wireless connection may not be secure. As such, be aware of, and consider, this prior to submitting any information to any person, group, entity, organization using such systems. Adventists for Progress and its Owner make no representation or warranty regarding the security of any communication and/or online traffic to or from the Website, AFP Social Media, Amazon AFP, and PayPal AFP, unless expressly provided, if any, in Adventists for Progress‘ Terms and Conditions.

D. CONTENT ON ADVENTISTS FOR PROGRESS—GENERAL:

Adventists for Progress, AFP Social Media, Amazon AFP, and PayPal AFP may contain various combinations of articles, audiovisual productions, facts, images, links, market data, opinions, statements, stock quotes, texts, videos, or other information, in any format or medium, created by AFP, its Owner, or by third- parties. Because of the number of sources from which content on Adventists for Progress, AFP Social Media, Amazon AFP, and/or PayPal AFP is obtained, and the inherent hazards of electronic distribution, there may be delays, inaccuracies, and/or omissions in such content. Accordingly, such content, including, without limitation, market data, is for your reference only and should not be relied upon by you for any purpose. Such content is not intended for the purpose of tax or investment advice and it does not advocate the purchase or sale of any security or investment.  Information created by third parties that you may access on Adventists for Progress, AFP Social Media, PayPal AFP, Amazon AFP, and/or through links on such websites is not adopted and/or endorsed by this Site and its Owner, and remains the responsibility of such third parties. 

Furthermore, as to any information or material (including, without limitation, links), that is not an advertisement, contained on Adventists for Progress, AFP Social Media, Amazon AFP, and/or PayPal AFP it is provided solely for informational purposes. The Site and its Owner make no representation or endorsement as to the accuracy, completeness, suitability, up-to-date status, or validity of such information or material, and will not be liable for any error, omission, or delay in the information or for any and all damages, loss, harm, or injury arising from its display or use. All information or material is provided on an “as is” basis.

Finally, as to any and all content (including, without limitation, links) contained on Adventists for Progress, AFP Social Media, Amazon AFP, and/or PayPal AFP, where it relates to the law, legal information, and/or legal discussions, such materials are provided for informational purposes only and should not be construed as legal advice on any and all subject matter, and/or constituting conditions in which there is a formation of an attorney-client relationship as AFP‘s Owner is not a licensed attorney. Neither readers nor recipients of any and all content (including, without limitation, links) from Adventists for ProgressAFP Social Media, Amazon AFP, and/or PayPal AFP  should act or refrain from acting on the basis of such content posted on such sites without seeking appropriate legal and/or other professional advice on the specific circumstances and facts at issue from an attorney licensed in the reader’s or recipient’s state or jurisdiction. Any and all content (including, without limitation, links) on Adventists for Progress, AFP Social Media, Amazon AFP, and PayPal AFP contain general information and may not reflect current legal developments, verdicts, or settlements. Adventists for Progress and its Owner expressly disclaim any and all liability in regard to actions taken or not taken based on any and all of the contents on this Website, AFP Social Media, Amazon AFP, and PayPal AFP.

E. THIRD-PARTY CONTENT AND LINKED SITES:

Now, as with any other informational website, third-party advertisements, applications, articles, content, designs, graphics, information, links, materials, music, photographs, pictures, software, sound, text, video, and other content originating from third parties (collectively, “Third Party Applications, Content, Links, Linked Website, Software, or Website”) that are on or offered through AFP, AFP Social Media,  Amazon AFP, and PayPal AFP, may lead to other sites, including those maintained and operated by a third party. Adventists for Progress and its Owner include these Third-Party Application, Content, Links, Linked Website, and Software as a convenience to its readers for informational purposes; such application, content, links, linked website, and software neither imply a responsibility, on us, for the Third-party Application, Content, Links, Linked Website, and/or Software, as well as the safety and security of such application, content, links, liked website, and/or software, nor an endorsement of the Third-Party Application, Content, Links, Linked Website, and Software themselves, including their operator as well as information and services on or offered through such application, content, links, linked website, and/or software.

Moreover, Adventists for Progress and its Owner make no representation or endorsement as to the accuracy, completeness, privacy, safety, security, suitability, up-to-date status, or validity of such Third-Party Application, Content Links, Linked Websites, Software, and will not be liable for any errors, omissions, or delays in the information or any and all damages, losses, injuries, or harms arising from their display or use, including, without limitation, clicking on the Third-Party Application, Links, Linked Website, Software and Website. All information is provided on an “as is” basis.

You understand, acknowledge, and agree that your use of Third-Party Websites or Third-Party Applications, Content, Links, Linked Websites, of Software, including, but not limited to, your use of any and all advertising, content, data, information, products, services, or other materials on or available through such third-party websites and resources, is at your own risk which are subject to the terms and conditions of use applicable to such websites and resources.

Finally, Adventists for Progress and its Owner are not responsible for the availability or content of other services that may be linked to the Website, AFP Social Media, Amazon AFP, and PayPal AFP. Because Adventists for Progress and its Owner have no control over such services, you understand, acknowledge, and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for the availability of such services, and that we do not endorse and are not responsible or liable for any accuracy, advertising, content, quality, products, or other materials on or available from such services. You further understand, acknowledge, and agree that Adventists for Progress and its Owner shall not be responsible or liable, directly or indirectly, for any and all damages, losses, harms, or injuries caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.

F. SUBMISSIONS:

Adventists for Progress values interaction and feedback to its Website from its readers and users. However, Adventists for Progress (including, but not limited to, AFP‘s Comment Section) or its Owner does not accept or consider creative content, ideas, materials, or suggestions where they are not specifically requested by AFP or its Owner. The purpose of this policy is to avoid any and all potential misunderstandings when projects developed by Adventists for Progress or its Owner might seem to other individuals to be similar to their own creative work. As such, AFP and its Owner request that you do not send them any original creative materials that include, but are not limited to, articles, audio, concepts, drawings, ideas, original artworks, photographs, videos or types of material for which you have an expectation of being compensated, in a monetary or non-monetary manner or in any combination thereof, or you would like to keep private, unless you have contacted Adventists for Progress or its Owner in advance, and AFP or its Owner asked you in writing (by e-mail, or by other mechanisms such as, but not limited to, a fax or mailed typed letter) to submit such material. Any work or materials that you submit to Adventists for Progress or its Owner, without their prior written request, may be used by AFP and/or its Owner in any manner, without monetary or non-monetary compensation or any combination thereof, that is consistent with the license granted as stated below.

You understand, acknowledge, and agree that any material that you post or submit using this Site’s features or services, or that you directly submit without a prior written request from Adventists for Progress or its Owner, including articles, concepts, comments, creative suggestions, drawings, ideas, letters to the editor or Owner, notes, photographs, or other types of materials or work (collectively known as “Submissions”) will be non-confidential and non-proprietary. No Submission will be subject to any obligation of confidence on the part of Adventists for Progress or its Owner, and AFP and its Owner shall not be liable for any disclosure or use of any Submissions.

Additionally, Adventists for Progress and its Owner may use any Submission without restriction for any and all purposes whatsoever including, but not limited to, broadcasting, disclosure, posting, publication, reproduction, or transmission, and you hereby waive and release any claim that AFP‘s or its Owner’s use of a Submission(s) violates any and all of your rights including, without limitation, copyrights, moral rights, privacy rights, proprietary or other property rights, publicity, right to credit for the ideas or material(s), or trademarks. Please be aware and understand that the Submission may not be acknowledged and/or returned.

Also, by posting or otherwise providing a Submission, you grant Adventists for Progress and its Owner the right to adapt, broadcast, create derivative works from, distribute, exploit, incorporate, license, modify, perform, post, publish, reproduce, sell, translate, and/or otherwise use the Submission in any and all languages, form, media, medium, or technology now known or later developed, throughout the universe, in perpetuity, without compensating you, in a monetary or non-monetary fashion or in any combination thereof.

Moreover, although Adventists for Progress, in general, attributes Submissions to their authors, you understand, acknowledge, and agree that AFP and its Owner are not obligated to do so. As such, you release and waive any right to have Submissions attributed to you. Also, you understand, acknowledge, and agree that AFP and its Owner have no obligation to publish or use any Submission in any way or manner, and that they may, at their discretion, re-edit, revise, or remove any Submission, in whole or in part, that has been distributed, posted, or published on or through the Website.

Upon submitting a Submission, you represent and warrant that it is original to you and does not violate or infringe upon the any third parties rights, including, without limitation, any intellectual property rights as well as rights of privacy or publicity. You also represent and warrant that your Submissions do not include adult content or nudity (partial or whole), as well as not being defamatory, graphically violent, obscene, physically threatening, or intended for any purpose of illegality.

Furthermore,  you understand that Adventists for Progress and its Owner does not promise that any Submission will be maintained by them. You are solely responsible for creating backup copies of and replacing any Submission. Also, you understand, acknowledge, and agree that Adventists for Progress and its Owner have no responsibility or liability for the failure to store or to transmit, or for the deletion of, any Submission. AFP and its Owner, at their sole discretion, retain the right to create limitations on storage and usage, at any time, with or without prior or any other type of notice. 

Finally, you understand, acknowledge, and agree that, with respect to any claim you may have arising out of or relating to Adventist for Progress‘ or its Owner’s actual or alleged use of any Submission, you will not be entitled, in any way, to enjoin the use of the Submission or the operation of AFP, and your rights and remedies will be strictly limited to the right to recover damages, if any, in an action at law. You understand, acknowledge, and agree, as well, that your relationship with Adventists for Progress and/or its Owner is not a confidential, fiduciary, or other special relationship.

G. CONTRIBUTOR’S MATERIAL(S):

Since there is a potential risk of any and all technical or nontechnical glitches or malfunctions (including, without limitation, those arising from an application; computer systems; computer or mobile phone equipment; failure of e-mail or players due to technical problems or Internet traffic congestion or in connection with this Site; hosting services; servers or providers; software; telephone networks or services; and/or Adventists for Progress, AFP Social Media, Automattic, WordPress.com, or from any other source), you should be aware the Website and its Owner neither assume responsibility nor are we liable for Materials lost or destroyed as a result, as well as any and all damages, harms, losses, or injuries resulting therefrom. 

For definition of the terms, “Contributor” and “Material,” please refer to Section III-A of Adventists for Progress‘ Terms and Conditions.

NoteAdventists for Progress is a WordPress.com hosted website. (Automattic is the the web development company that owns WordPress.com.)

H. COMMENTER’S COMMENT(S):

Since there is a potential risk of any and all technical or nontechnical glitches or malfunctions (including, without limitation, those arising from an application; computer systems; computer or mobile phone equipment; failure of e-mail or players due to technical problems or Internet traffic congestion or in connection with this Site; hosting services; servers or providers; software; telephone networks or services; and/or Adventists for Progress, AFP Social Media, Automattic, WordPress.com, or from any other source), you should be aware that the Website and its Owner neither assume responsibility nor are we liable for Comments lost or destroyed as a result, as well as any and all damages, harms, losses, or injuries resulting therefrom.

I. ADVERTISEMENTS:

Adventists for Progress and its Owner neither represent nor endorse the accuracy, completeness, reliability, suitability, up-to-date status or validity of advertisements contained on, distributed through, linked, downloaded, or accessed from any of the products and/or services contained or advertised on Adventists for Progress, AFP Social Media, Amazon AFP, and Paypal AFP. Also, Adventists for Progress and its Owner neither represent nor endorse the completeness, quality, reliability, privacy, safety, security, suitability, up-to-date status, and/or validity of any product, service, information, or any other material, displayed, purchased, or obtained by anyone as a result of an advertisement, information, or offer in connection with the products and/or services therein.

III. CONTRIBUTORS AND THEIR SUBMITTED MATERIALS:

A. DEFINITION OF CERTAIN TERMS:

1. Contributor. A Contributor is defined as a freelancer, blogger, writer, journalist, or other type of contributor who submits Material for purposes of publication to Adventists for Progress, as an article, analysis, commentary, or editorial, published to AFP‘s non-Comment Section. (The Comment Section is the “Leave a Comment” section usually, but not always, located below a post or page section of the Website.)

2. Material. For purposes of only Section III of TAC titled, “Contributors and Their Submitted Materials,” and Section II-G titled, “Contributor’s Material(s),” Material is defined as work (non-commissioned or commissioned by either Adventist for Progress or its Owner, non-solicited or solicited by either the Website or its Owner, or any other type of Material) in any language, regardless of form or medium that includes, without limitation, text, video, photograph, audio or otherwise.

B.POLICIES TOWARD CONTRIBUTORS:

By submitting Material to the Adventists for Review or its Owner, for purposes of publication to the AFP‘s non-Comment Section; by agreeing to prepare Material for publication on the AFP‘s non-Comment Section; or by using the AFP, Contributors understand, acknowledge, and agree to be legally bound by these terms which take effect immediately. A Contributor who does not agree to be legally bound by all of the following terms, should not access or contribute to the AFP website or offer his or her Material for publication. The following terms are as follows:

1. A Contributor, in connection with each submission of his or her material, affirms, represents, and warrants that:

(a) He or she owns or has the necessary licenses, rights, consents, and permissions to use and authorize Adventists for Progress and its Owner to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submission to enable inclusion and use of such submission in the manner contemplated by us and these Terms and Conditions; and

(b) He or she has the written consent, release, and/or permission of each and every identifiable individual person in such submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submission in the manner contemplated by Adventists for Progress, its Owner, and these Terms and Conditions.

2. Furthermore, in furtherance of the foregoing, the Contributor understands, acknowledges, and agrees that he or she will not:

(a) Submit Material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless he or she is the owner of such rights or has permission from the rightful owner to post the Material and to grant AFP and its Owner all of the rights granted herein;

(b) Publish falsehoods or misrepresentations that could damage AFP, its Owner, or any third party;

(c) Submit Material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or

(d) Post advertisements or solicitations of business.

Adventists for Progress and its Owner reserve the right to remove or not publish submissions without prior or further notice.

C. CONTRIBUTORS’ MATERIALS SUBMITTED TO ADVENTISTS FOR PROGRESS OR ITS OWNER:

A Contributor retains the copyright to his or her Material(s) that he or she submits to Adventists for Progress or its Owner for purposes of publication to the AFP‘s non-Comment Section.

However, a Contributor who submits Material(s) to Adventists for Progress or its Owner, for purpose of publication to the AFP, grants the Website and its Owner, without monetary and/or non-monetary compensation or any combination thereof, the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, adapt, broadcast, modify, post, publish, re-edit, reproduce, store, translate, transmit, create derivative works from, distribute, and display the Contributor’s Material(s) for any purposes (including, without limitation, promotions and marketing), and to incorporate such Material, for any purpose (including, without limitation, promotions and marketing) in other works, on any website, in any language, form, medium, media, or technology now known or later developed.

Moreover, the Contributor understands, acknowledges, and agrees to the expressed, written understanding (as set forth in this paragraph) that upon submitting Materials(s) for purposes of publication to the AFP‘s non-Comment Section, that he or she will not be compensated or remunerated, by monetary and/or non-monetary means or in any combination thereof, by Adventists for Progress and/or its Owner, for the Material(s) itself; the time, labor, and resources expended in creating the Material(s); and/or background content(s) that, in part or in whole, created or assisted in the creation of Material(s) itself.

Finally, because there is a potential risk of any and all technical or nontechnical glitches or malfunctions (including, without limitation, those arising from an application; computer systems; computer or mobile phone equipment; failure of e-mail or players due to technical problems or Internet traffic congestion or in connection with this Site; hosting services; servers or providers; software; telephone networks or services; and/or Adventists for Progress, AFP Social Media, Automattic, WordPress.com, or from any other source), you should be aware AFP and its Owner neither assume responsibility nor are they liable for Materials lost or destroyed as a result, as well as any and all damages, harm, loss, or injury resulting therefrom. 

IV. COMMENTS POSTED ON ADVENTISTS FOR PROGRESS AND AFP SOCIAL MEDIA:

The Commenter retains the copyright to all his or her Comments (in any language, regardless of the form or medium, with respect to such content, whether text, videos, photographs, audio or otherwise) that he or she posts on Adventists for Progress and the AFP Social Media’s Comment Sections. (The Comment Sections are the “Leave a Comment” section that is located below a post or page portion of AFP, and the sections of AFP Social Media sites that are designated for submitting comments.)

However, by submitting a Comment to Adventists for Progress and/or AFP Social Media, the Commenter grants AFP and its Owner, without monetary and/or non-monetary compensation or any combination thereof, the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, adapt, broadcast, modify, post, publish, re-edit, reproduce, store, translate, transmit, create derivative works from, distribute, and display the Comment for any purposes (including, without limitation, promotions and marketing), and to incorporate such comment, for any purpose (including, without limitation, promotions and marketing) in other works, on any website, in any language, form, medium, media, or technology now known or later developed.

Moreover, Adventists for Progress and its Owner reserve the right to edit, delete, move, or mark as spam any and all Comments to the Website and at AFP Social Media. Adventists for Progress and its Owner also have the right, where possible, to block access to any person, group, or entity who violates AFP‘s Comment Policy, as outlined in Section V of the TAC, from commenting, or from the entire Website and AFP Social Media without prior and/or further notice.

Finally, because there is a potential risk of any and all technical or nontechnical glitches or malfunctions (including, without limitation, those arising from an application; computer systems; computer or mobile phone equipment; failure of e-mail or players due to technical problems or Internet traffic congestion or in connection with this Website; hosting services; servers or providers; software; telephone networks or services; and/or Adventists for Progress, AFP Social Media, Automattic, WordPress.com, or from any other source), you should be aware the Website and its Owner neither assume responsibility nor are they liable for Comments lost or destroyed as a result, as well as any and all damages, harms, losses, or injuries resulting therefrom. 

V.  COMMENT POLICY:

For information the Adventists for Progress‘ Comment Policy, please refer to this page.

VI. COPYRIGHT POLICY AND DMCA NOTIFICATION:

For information on Adventists for Progress‘ Copyright Policy and DMCA Notice, please refer to this page.

VII. PRIVACY POLICY:

For information about Adventists for Progress‘ Website’s Privacy Policy, please refer to this page.

VIII. MISCELLANEOUS AND ADDITIONAL DISCLAIMERS:

Adventists for Progress is, as mentioned previously, owned and managed by its founder, Gemelito Laluna, in his sole personal capacity as a private individual. As such, the principal writer-blogger on the Website is Gemelito Laluna. In light of this, any analysis, content, perspective, or opinion authored by AFP‘s founder on the Website and/or AFP Social Media in no way represents the official positions of, or views held by, the Seventh-day Adventist Church.

Relatedly, Adventists for Progress  is an independent website not affiliated or supported by the General Conference of Seventh-day Adventists or any of its affiliates or organizations that are part of the Seventh-day Adventist Church. Also, AFP is not affiliated with, or supported by, any Seventh-day Adventist entity, group, or organization, in its official capacity, connected officially or unofficially with the Seventh-day Adventist Church.

Additionally, any analysis, content, perspective, or opinion expressed by Gemelito Laluna, on AFP and/or AFP Social Media is done in his sole personal capacity as an individual. Hence, such analysis, content, perspective, or opinion published to the Adventists for Progress and/or AFP Social Media, does not reflect the views of his employer(s), religious congregation, religious denomination, and/or organization(s), unless expressly stated otherwise in written fashion to the Site and/or AFP Social Media.

Moreover, analytical assessments, viewpoints, comments, or opinions expressed by Gemelito Laluna are offered freely without direct or indirect monetary compensation from any advertiser, business contributor, employer, government entity (local, state, federal, or foreign), organization, political candidate (local, state, federal, or foreign), political party (local, state, federal, or foreign), religious congregation, religious denomination, and/or sponsor that arise from an official quid pro quo relationship where such evaluations, perspectives, commentaries, or notions are given in exchange for remuneration from any of the said individuals and entities.

IX. APPROPRIATE USE OF ADVENTISTS FOR PROGRESS AND AFP SOCIAL MEDIA:

An individual, group or entity agrees to the following in exchange for the right to access or use Adventists for Progress or AFP Social Media, specifically such individual, group, or entity agrees that he, she, or it:

  • Will not hack, take illegal action, nor take adverse action against AFP and AFP Social Media that includes, but not limited to, uploading malware to the Site, spamming activities (including, but not limited to, commercial solicitation) and altering or modifying the Website and AFP Social Media (including, but not limited to the Site’s content or component other than content explicitly permitted by the Terms of Agreement, such as Commentator’s comments to the Site and AFP Social Media, and Contributor’s materials submitted to the Site), and obtain any nonpublic data or information from any computer, technological, or telecommunication equipment, device, hardware, or software;      
  • Will not interfere or make inoperable any security feature or security mechanism of AFP or AFP Social Media, or attempt to do so;
  • Will not use AFP or AFP Social Media in any illegal fashion, illegal manner, or illegal purpose in such a way that could interfere, do damage, make inoperable, or adversely impact the Website or AFP Social Media, or in any manner or fashion that is inconsistent with the Terms of Conditions;
  • Will not use AFP  or AFP Social Media to post or share content or material that the individual, group, or entity who shared such content or material had no permission to do so;
  • Will not commit acts of harassment or intimidation to other users of AFP or AFP Social Media;
  • Will not utilize or use AFP or APF Social Media to post, transmit, or share share material that is defamatory, illegal in content or purpose, invades the privacy of another individual, physically threatening or amounts to physical threats, or violent in a graphic fashion;
  • Will not utilize or use Adventists for Progress or AFP Social Media to post, transmit, or share child pornography – any individual, group, or entity who uses AFP or AFP Social Media to commit said conduct understands that such act will be reported to law enforcement authorities, along with any and all identifying information regarding the individual, group, or entity committing such act that the Website or AFP Social Media may possess, and such individual, group, or entity, where possible, will be blocked from the entire Site and AFP Social Media;
  • Will not post, share, transmit, upload, or make available through any other method, onto Adventists for Progress or AFP Social Media, any item or material containing malware, malicious computer code or any other computer code created to disrupt or damage any technological device, equipment, hardware, or software (that includes, but not limited, to device, equipment, hardware, or software that is computer, or telecommunications in nature);
  • Will not copy, duplicate, reproduce, sell, resell, trade, or in any other manner that exploits any material, content, feature, or item of Adventists for Progress, for any commercial or noncommercial purpose, without the prior written permission by AFP or its Owner, unless it involves  material or content that falls within the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License that governs the Website, material or content with the permission to use arising from written prior permission from the Site or its Owner to use, or one’s own generated material or content submitted to or posted on the Website or AFP Social Media;
  • Will not gather or collect, from AFP any personal identifiable information that includes, without limitation, names or e-mail addresses

Adventists for Progress and its Owner also have the right, where possible, to block access to any person, group, or entity who violates Section IX of the Terms and Conditions, from commenting, or from the entire Website and AFP Social Media without prior and/or further notice.

 X. ADVENTISTS FOR PROGRESS AND IT OWNER MAY BE LEGALLY COMPELLED TO DISCLOSE CERTAIN INFORMATION:

By accessing or using Adventists for Progress, AFP Social Media, Amazon AFP, and/or PayPal AFP, you understand, acknowledge, and agree that in the event that AFP or its Owner receive a subpoena issued by a court or from a law enforcement or government agency, they shall comply with such subpoenas without your consent, or prior or subsequent notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.

XI. ADVENTISTS FOR PROGRESS AND ITS OWNER’S LIABILITY TO YOU IS LIMITED: 

By accessing or using Adventists for Progress, AFP Social Media, Amazon AFP, or PayPal AFP, you understand, acknowledge, and agree, to the greatest extent permissible by law, Adventists for Progress and its Owner are not liable to you or any and all third parties for any and all types of damages, whether based upon Contract, Strict Liability, Tort, or otherwise, including, without limitation, any and all incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, that includes, without limitation, lost revenues or profits, loss of business or loss of data, in any way related, directly or indirectly, to Adventists for Progress, AFP Social Media, Amazon AFP, and/or PayPal AFP, or for any claim, loss, harm, or injury based on errors, omissions, interruptions, other inaccuracies in the Website, AFP Social Media, Amazon AFP, and PayPal AFP (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions) in the operation of the Website, or your use of the Site, even if AFP and its Owner are aware or have been advised of the possibility of such damages. (The aforementioned situations or circumstances, described in this paragraph, are collectively known as “Matters Released.”) 

Any claim against AFP and its Owner shall be limited to the amount you paid (the amount, here, is one made as payment rather than as a financial contribution), if any, for use of Adventists for Progress. (Note: A contribution is defined, for purposes of TAC’s Section X only, as a voluntary and gratuitous transfer of a monetary nature, via by credit card or other means, from one person, group, or entity to another, without something of value promised in return.)

Furthermore, to the the extent that, despite the Matters Released, any liability that may be imposed on AFP and/or its Owner, their liability to you for any cause, regardless of the form of action, will be limited to a maximum of $100.

Moreover, by accessing or using the Site, AFP Social Media, Amazon AFP, or PayPal AFP, you understand that you may be waiving rights with respect to claims that are, at this time, unknown or unsuspected. If you are a resident of the State of California, you acknowledge that you have read and understand, and hereby waive, the benefits of Section 1542 of the California Civil Code, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Finally, you waive any and all rights you have or may have under California Civil Code Section 1542 and any similar provisions, under the law, with respect to Matters Released. You acknowledge that upon, hereafter, potentially discovering claims presently unknown or unsuspected, or additional facts to or different from those which you presently know or believe to be truth; nevertheless, you intend to release all situations and circumstances collectively known, again, as Matters Released (as described in paragraph one of TAC’s Section X) in a full, final, and forever manner. You understand, acknowledge, and agree that the release, as stated in the TAC, will remain in effect notwithstanding the existence or discovery of any such additional or different claims or facts relevant hereto. 

XII. RESTRICTIONS ON LIMITATIONS AND EXCLUSIONS

Some jurisdiction forbid the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. As such, some of the limitations, stated in the Terms and Conditions, may not apply to you.

XIII. INDEMNIFICATION:

By accessing or using the Website, AFP Social Media, Amazon AFP, or PayPal AFP, you understand, acknowledge, and agree to indemnify, defend and hold AFP and its Owner harmless from any and all claims (including, without limitation, those that are alleged as well as third party claims), all costs and expenses of defense (including, without limitation, reasonable attorney’s fees), losses, expenses, settlements, judgements, demands, causes of action, and liabilities, arising out of or relating to: (1) your violation of the TAC or any law; (2) your access or use of Adventists for Progress, AFP  Social Media, Amazon AFP, or PayPal AFP in violation of the TAC; (3) your breach of your representations, warranties, covenants or agreements hereunder; (4) information or material transmitted through your computer, even if not submitted by you; (5) any misrepresentation made by you; (6) your violation of the rights of or dispute with any other person or entity; and/or (7) your access or use of Adventists for Progress, AFP Social Media, or PayPal AFP.

You will reasonably cooperate, as required, in the released parties defense of any claim. The released parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in any event you may not settle any such matter without the written consent of Adventists for Progress or its Owner.

XIV. NON-WAIVER

The failure by Adventists for Progress or its Owner to exercise or enforce any provision or right, under the Terms of Conditions, shall not constitute waiving of such provision or right. If any provision of the Terms and Conditions is determined by a court of competent jurisdiction to be invalid, the parties nevertheless understand, acknowledge, and agree that the court should endeavor to give effect to the Owner’s intentions as reflected in the provision, and that the other provisions of the TAC remain in full force and effect. You understand, acknowledge, and agree that regardless of any contrary law or statute, any cause of action or claim arising out of or related to use of Adventists for Progress, AFP Social Media, Amazon AFP, PayPal AFP or the Website’s Terms and Conditions must be filed within one year after such cause of action or claim arose, otherwise it will be permanently barred.

XV. CHOICE OF LAW AND FORUM:

These Terms and Conditions shall be governed by the laws of the United States and the State of California, applicable to agreements made and to be performed therein without regard to conflict of law principles. The exclusive forum and venue for any action, including any small claims court action, arising from or relating to these Terms and Agreement or your use of Adventists for Progress, AFP Social Media, Amazon AFP, or PayPal AFP and not subject to arbitration as provided below, will be the Superior Court of California located in San Bernardino County; California Court 4th District Court of Appeal, Division Two located in Riverside County, California; California Supreme Court located in San Francisco, California; United States District Court, Central District of California, Eastern Division located in Riverside County, California; and the United States Court of Appeals for the Ninth Circuit located in Los Angeles County, California. By continuing to access or use Adventists for Progress, AFP Social Media, Amazon AFP, and PayPal AFP, you understand, acknowledge, and agree to abide by these Terms and Conditions. The caption to each Section of these Terms and Conditions are only for convenience of reference and shall be ignored in the construction or interpretation hereof.

XVI. INDIVIDUALS RESIDING OUTSIDE THE UNITED STATES:

Adventist for Progress operates its Site in the United States of America. AFP and its Owner makes no representation that the Site is either available or appropriate for use in locales outside of the U.S.A. If you access Adventists for Progress from locations outside of the U.S.A., you do so on your own prerogative and at your own risk. By doing so, you are solely responsible for complying with any and all local laws to the extent such laws are applicable.

XVII. ARBITRATION:

In any action, counterclaim, or legal proceeding brought against Adventists for Progress and/or its Owner, on matters relating to the Terms of Conditions, use of the AFP or AFP Social Media, or on any other matters related to the Website or AFP Social Media (all collectively known as “Legal Matter”), such party or parties bringing such action, counterclaim, or legal proceeding, hereby expressly waive trial by jury on such matters. As such, such party or parties agreed to submit the Legal Matter to binding arbitration to be held in San Bernardino, California. If the Legal Matter is determined by a court not to be subject to arbitration, or the party/parties and the AFP‘s Owner mutually agree that the Legal Matters is not subject or within the scope of arbitration, then it will be submitted to the state court sitting in San Bernardino, California or the federal court sitting in Riverside, California in which the party or parties agree that he, she, it, or they will be subject to those courts’ personal jurisdiction.

Also, if any part or clause within Section XVII (“Section) is determined to be unenforceable or illegal, such part of clause will be severed from this Section and the remainder under this Section will be given full force and effect.

XVIII. NO WAIVER:

No modification or amendment to nor waiver of any part of the TAC shall be of any force or effect, unless formally posted by Gemelito Laluna on his website, Adventists for Progress, as part of this Agreement, or made in writing and signed by him.

XIX. SEVERABILITY:

If any section, provision, or part of the Terms and Condition is found invalid or unenforceable, the enforceable section, provision, or part will be enforced to the maximum extent possible with the arbitrator or court giving effect to the intentions as reflected in the section, provision, or part, and the other section, provision, or part of the TAC will remain in full force and effect.

XX. ENTIRE AGREEMENT:

The entirety of these Terms and Conditions constitute the entire agreement between you and AFP and its Owner. As such, the TAC governs your access or use of this Site, AFP Social Media, Amazon AFP, and PayPal AFP.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ANY AND ALL OF ITS TERMS.

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