Concordia Plan Services Website Terms and ConditionsConcordia Plan Services Portal Terms and Conditions
A. Acceptance of Terms
B. Changes to Terms
If you ever have any questions, concerns or complaints about these Terms, you should immediately contact us at email@example.com.
CPS may modify these Terms from time to time in its sole discretion. Your continued Use of the Website or any CPS Portal means that you accept and agree to any changes, so please check the Terms periodically for updates. Your Use of the Website or the CPS Portals and any content within them is subject to the most current version of the Terms, as well as any additional rules and guidelines posted at the time of Use.
- “Church” means The Lutheran Church—Missouri Synod.
- "CPS," "our," "us," or "we" means Concordia Plan Services.
- "CPS Portals" means the CPS Member Portal and the CPS Employer Portal offered by CPS for purposes of benefits administration, both of which are accessible through the Website.
- “Terms” means these Terms and Conditions.
- "Use" or "Using" means accessing, processing, viewing, displaying, and downloading from the Website or the CPS Portals.
- “Website” means the Concordia Plan Services website, including but not limited to www.concordiaplans.com.
D. Limited License
We grant you a non-exclusive, non-transferable, revocable, limited personal license to Use the Website and the CPS Portals for acceptable personal, non-commercial purposes. Any Use of the Website or the CPS Portals that violates these Terms will automatically terminate this license, and you will no longer have permission to Use the Website or the CPS Portals for any reason.
We reserve the right to withdraw or amend the Website and the CPS Portals, and any service or material we provide on the Website or the CPS Portals, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or any CPS Portal is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or any CPS Portal, or the entire Website or CPS Portal, to users, including registered users.
E. Creating a User Account for the CPS Portals
- You must be over the age of 18 to create a User Account and otherwise Use the CPS Portals. By creating a User Account or Using the CPS Portals, you represent that you are over the age of 18.
- You are responsible for (a) making all arrangements necessary for you to have access to the Website and the CPS Portals and (b) ensuring that all persons who access the Website or any CPS Portal through your internet connection are aware of these Terms and comply with them.
- In order to Use the CPS Portals, you must create an account with unique log-in credentials (“User Account”). If you are an employer, to create your User Account, you may be required to provide information regarding employees and agents authorized to Use the CPS Employer Portal. By creating a User Account, you represent that you (and, if you are an employer, your employees and agents authorized to Use the CPS Employer Portal on your behalf) have the authority to Use the information contained in the CPS Portals. CPS may disable or delete a User Account at any time and for any reason, in its sole discretion.
- You agree to keep your User Account log-in information confidential, and to assume complete responsibility for all activities that occur under your User Account. You also acknowledge that your account is personal to you and agree not to provide any other person with access to all or any portion of the Website or any CPS Portal using your User Account log-in information. You agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you are an employer, you agree to educate and train employees and agents authorized to access your User Account on your behalf regarding the importance of maintaining the confidentiality of their login information and the information contained in the CPS Employer Portal, and you agree to assume complete responsibility for all activities that occur under your User Account, whether authorized or unauthorized by you.
- You agree to immediately notify us if you know of or suspect unauthorized Use of your User Account or any other circumstance that may impact confidentiality or security. We are not liable for any loss or damage that results from your failure to comply with these requirements.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
F. Acceptable Use
CPS offers the Website and the CPS Portals for your personal, non-commercial Use in managing your employee benefits. You agree to Use the Website and the CPS Portals only for this purpose. You agree that you will not try to gain unauthorized access to the Website or the CPS Portals – or to computer systems or networks connected to or used together with the Website or the CPS Portals – through password mining, use of another person's password, or other means.
You also agree that you will not Use the Website or the CPS Portals to:
- Upload, transmit, or distribute any computer viruses, worms, trojan horses, logic bombs or any software intended to damage or alter a computer system or data;
- Send, knowingly receive, upload, download, use or re-use any material prohibited by these Terms.
- Send unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
- Harvest, collect, gather or assemble information regarding other users, employees, and/or their dependents, including email addresses, without their express consent (with the exception of dependents whose data you are authorized to Use);
- Attempt to gain unauthorized access to, interfere with, disrupt, damage, or create an undue burden on any parts of the Website or any CPS Portal, the servers or networks connected to the Website or the CPS Portals, or any server, computer or database connected to the Website or any CPS Portal or violate the regulations, policies or procedures of those servers or networks;
- Impersonate CPS, a CPS employee, another user or any person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
- Falsely state or otherwise misrepresent information related to any person or entity;
- Use any manual process to monitor or copy any of the material on the Website or any CPS Portal or for any other unauthorized purpose without our prior written consent;
- Attack the Website or any CPS Portal via a denial-of-service attack or a distributed denial-of-service attack;
- Harass another user or interfere with his or her Use and enjoyment of the Website or the CPS Portals, or which, as determined by us, may harm CPS or users of the Website or any CPS Portal or expose them to liability;
- Introduce software or automated agents or scripts to the Website or the CPS Portals so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Website or the CPS Portals or otherwise use any robot, spider or other automatic device, process or means to access the Website or any CPS Portal for any purpose, including monitoring or copying any of the material on the Website or any CPS Portal; or
- Otherwise attempt to interfere with the proper working of the Website or any CPS Portal.
You agree to abide by all applicable federal, state, local or international laws, rules and regulations in Using the Website and the CPS Portals (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). You also understand and agree that CPS may terminate your Use of the Website or the CPS Portals, in its sole discretion, at any time and for any reason.
G. Notices and Communications
Although we are not governed by ERISA, our disclosure of certain materials (including reports, statements, notices, and other documents) to plan participants, beneficiaries, and others is subject to Department of Labor standards for electronic disclosures (“Covered Disclosures”). If we choose to make Covered Disclosures through the Website or the CPS Portals, we will comply with all applicable disclosure standards, which may include providing you notice of the anticipated Covered Disclosures, and obtaining your affirmative consent to receive them through the Website or the CPS Portals.
As to all other notices and communications from us regarding the Website or the CPS Portals, you agree to receive them—without further notice and with no affirmative consent required—at any address you provide to us, including by email if you have provided an email address. If you are an employer, you will not provide contact information for employees and other agents authorized to Use the Website or the CPS Employer Portal on your behalf without their express consent to receive notices and communications as described in these Terms. By providing your email address, you agree that CPS may communicate with you by email. We are entitled to rely on the contact information you last provided to us for purposes of providing notices or communications, and you agree to keep this contact information accurate and current at all times.
You agree to waive all claims arising from any failure to receive notices or communications because you provided us with faulty contact information, or failed to update contact information. You agree to be bound by any confirmation, agreement, or affirmation you transmit through the Website or the CPS Portals electronically, including but not limited to any consent you give to receive notices and communications from CPS solely through electronic transmission. You agree that when you click on an "I agree," "I consent," or similarly-worded "button" or entry field with your mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable, and the legal equivalent of your handwritten signature.
H. User Contributions
The Website or any CPS Portal may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, meeting proceedings, personal notes, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website or CPS Portal.
All User Contributions must comply with the Content Standards set out below in these Terms.
Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
- All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not CPS, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website or any CPS Portal.
I. Content Standards
These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
J. Copyright Infringement
It is our policy to respond expeditiously to claims of infringement. We will promptly process and investigate notices of alleged copyright infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable laws. If you believe that any User Contributions violate your copyright, please contact us at firstname.lastname@example.org with a notice of copyright infringement. It is the policy of CPS to terminate the user accounts of repeat infringers.
K. Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or any CPS Portal or the public or could create liability for CPS.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized Use of the Website or any CPS Portal.
- Terminate or suspend your access to all or part of the Website or any CPS Portal for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website any CPS Portal. YOU WAIVE AND HOLD HARMLESS CPS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Notwithstanding the foregoing, we cannot review material before it is posted on the Website or any CPS Portal and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
L. Agreement and Consent
By Using the Website or the CPS Portals, you understand and agree that:
- CPS may monitor and use your Use of the Website and CPS Portals for its internal purposes, without liability;
- You will provide current, complete, accurate, truthful, and non-misleading information about you, your dependents, and (if you are an employer) your employees and their dependents when prompted or required to do so, and will update this information as necessary.
- You will maintain the confidentiality of your, your dependent(s)', and (if you are an employer) your employees’ and their dependent(s)’ account information, and any related usernames, logins, and passwords, and will promptly log out of the CPS Portals when a session is complete. You will immediately notify CPS if you suspect or become aware of suspicious or unauthorized conduct or use of account information. CPS is not liable for losses or damages you or a dependent sustain if you fail to comply with this agreement.
- CPS may, but is not required to, review, retain, and use your communications to and from us. By submitting material for posting in the Website or the CPS Portals, you, your dependents, and (if you are an employer) your employees and authorized agents Using the CPS Portal on your behalf automatically grant CPS an irrevocable, perpetual, non-exclusive right to use, reproduce, modify, adapt, publish, display, and otherwise use such material within the bounds of applicable law, even if you would otherwise consider the material confidential and/or private. If you are not the owner of the materials you submit, you represent and warrant that the owner has expressly granted CPS this right.
If you are an employer, you agree not to provide contact or other identifying information regarding employees and other agents authorized to Use the CPS Employer Portal on your behalf without their express agreement to these Agreement and Consent provisions.
M. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or any CPS Portal will be free of viruses or other malicious code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY CPS PORTAL OR ITEMS OBTAINED THROUGH THE WEBSITE OR ANY CPS PORTAL OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBITE OR ANY CPS PORTAL, OR ON ANY WEBSITE LINKED TO THE WEBSITE OR ANY CPS PORTAL. THE WEBSITE AND THE CPS PORTALS AND ALL INFORMATION IN THEM ARE PROVIDED "AS IS" AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE, THE CPS PORTALS AND CONTENT AND THE OPERATION, CAPACITY, SPEED, FUNCTIONALITY, QUALIFICATIONS, OR CAPABILITIES OF THE WEBSITE, THE CPS PORTALS AND CONTENT, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY US, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US, OR THROUGH OR FROM OUR SERVICES, WEBSITE OR CONTENT SHALL CREATE ANY WARRANTY. YOUR USE OF THE WEBSITE AND THE CPS WEB PORTALS IS ENTIRELY AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR WEBSITE OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OR THIRD PARTIES. YOU ACKNOWLEDGE THAT YOU ACCEPT SUCH RISKS AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF USERS OR THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, USER CONTRIBUTIONS). CPS DISCLAIMS ALL WARRANTIES CONCERNING THE SECURITY, PRIVACY, ACCURACY, RELIABILITY, AND PERFORMANCE OF THE WEBSITE AND THE CPS PORTALS AND THE INFORMATION CONTAINED IN THEM. YOU FURTHER ACKNOWLEDGE AND AGREE THAT: (A) ACCESS TO THE WEBSITE, CPS PORTALS AND CONTENT MAY NOT BE UNINTERRUPTED OR ERROR-FREE; (B) YOU MAY BE EXPOSED TO VIRUSES OR OTHER HARMFUL APPLICATIONS AND A VARIETY OF MATERIALS AND INFORMATION THAT MAY BE OFFENSIVE TO YOU THROUGH OUR WEBSITE OR CPS PORTALS; (C) WE DO NOT GUARANTEE THE SECURITY OF OUR WEBSITE OR CPS PORTALS; (D) BY USING OUR WEBSITE OR CPS PORTALS, UNAUTHORIZED THIRD PARTIES MAY BE ABLE TO ACCESS YOUR COMPUTER OR FILES OR OTHERWISE MONITOR YOUR CONNECTION AND ACTIVITIES; AND (E) AVAILABILITY OF OUR WEBSITE, CPS PORTALS AND CONTENT IS BASED ON THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY SPECIFIED IN THESE TERMS, AND THE USE OF OUR WEBSITE, CPS PORTALS AND CONTENT WOULD REQUIRE A SUBSTANTIAL CHARGE TO YOU IF ANY OF THESE TERMS WERE UNENFORCEABLE.
N. Indemnification; Limitation of Liability
You agree to defend, indemnify and hold harmless CPS, the Church, entities that control or are controlled by CPS or the Church and all of their affiliates, licensors and service providers, together with their respective employees, contractors, agents, directors, officers successors and assigns from and against all the liabilities, claims, damages, judgments, awards, losses, costs, fees and expenses (including reasonable attorney's fees and costs, and also including special, incidental, or consequential damages, lost profits, and lost data (regardless of the foreseeability of those damages)) arising out of or relating to your Use of the Website or any CPS Portal; your breach or alleged breach of the Terms; your breach or alleged breach of another person's privacy rights; and/or your breach or alleged breach of any copyright, trademark, industrial property, intellectual property or other rights of third parties.
2. Limitation of Liability to You
You understand and agree that:
a. IN NO EVENT WILL CPS, THE CHURCH, OR EITHER'S EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, LICENSORS, VENDORS, SUPPLIERS, OR CONTRACTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES AND ANY PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE CPS PORTALS, ANY WEBSITES LINKED TO THE WEBSITE OR ANY CPS PORTAL, ANY CONTENT OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, ANY CPS PORTAL OR SUCH OTHER WEBSITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
b. The Website and the CPS Portals are intended for your convenience and are for informational purposes only, and not for purposes of rendering professional advice. Information in the Website or the CPS Portals may quickly become inaccurate or unreliable for a number of reasons. You alone are responsible for evaluating the information and making decisions based on it.
c. All Use of and reliance on the Website or the CPS Portals and the information they contain is at your sole discretion, and you alone assume all risk.
d. Neither CPS nor the Church is responsible or liable for the following, which may result from your Use of or inability to Use the Website or the CPS Portals or information contained in them:
1) Loss, unavailability, or corruption of data, and/or damage to your computer, computer system, and/or network.
2) Errors, omissions, delays, inaccuracies, failures, interruptions, deletions, defects, viruses, or communication line failures, or the theft, destruction, damage or unauthorized access to your computer system or network.
3) Defamatory, offensive, or illegal conduct or content found on or in connection with the CPS Member Portal.
4) Your damages, including without limitation, direct, incidental, special, consequential or punitive damages, whether or not foreseeable and under any legal theory.
e. CPS makes no representations as to the quality, suitability, functionality, or legality of any sites to which links appear in the Website or the CPS Portals.
O. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE OR ANY CPS PORTAL MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
P. Intellectual Property
The names, trademarks, service marks, product and service names, designs, slogans, logos, trade dress and other identifiers (“Marks”) displayed on the Website and the CPS Portals are the property of CPS or are duly licensed for its use. You must not use such Marks without the prior written permission of CPS. You agree not to modify, copy, display, distribute, transmit, publish, sell, or license the Marks, or create derivative works from or otherwise exploit the Marks, for commercial or public purposes without CPS's express written authorization.
The Website, the CPS Portals and all of their contents, features and functionality, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof (collectively, the “Content”), are owned by CPS, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms permit you to Use the Website and the CPS Portals for your personal, non-commercial Use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content, except as follows:
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial Use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You agree that you will not:
- Modify copies of any Content.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download or otherwise Use or provide any other person with access to any part of the Website or any CPS Portal in breach of the Terms, your right to Use the Website and the CPS Portals will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website, any CPS Portal or any Content is transferred to you, and all rights not expressly granted are reserved by CPS. Any Use of the Website or any CPS Portal not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
Q. No Endorsement
From time to time, we may include in the Website or CPS Portals links to websites belonging to third parties. CPS does do not endorse or make any representations or warranties about the third parties, their activities, or the services they provide. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by CPS, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of CPS. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
If the Website or any CPS Portal contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website or any CPS Portal, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
R. Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may Use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the Content that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
S. Geographic Restrictions
The Website and CPS Portals are designed for and targeted to U.S. audiences and are governed by and operated in accordance with the laws of the U.S. We make no representation that the Website or any CPS Portal are operated in accordance with the laws or regulations of, or governed by, other nations. If you are located outside of the U.S., you Use the Website and the CPS Portals at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws. Please be aware that any personal information and other information you provide to us or we obtain as a result of your Use of Website or any CPS Portal shall be collected in the U.S. and/or transferred to the U.S. and subject to U.S. law.
T. Other Provisions
- These Terms, and your Use of the Website and the CPS Portals and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) are governed by and construed under the laws of the State of Missouri, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located, or any other jurisdiction.
- With respect to any legal suit, action or proceeding arising out of, or related to, these Terms, the Website or any CPS Portal, you agree and consent to the exclusive jurisdiction of the state or federal courts located in St. Louis, Missouri and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that CPS may choose, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- The division of these Terms into section, and the insertion of headings and titles, are for convenience of reference only and shall not affect the construction or interpretation of the Terms
- No waiver of by CPS of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by CPS to insist upon or enforce strict performance of any provision of the Terms, or to exercise any right under the Terms, will not be construed as a waiver or relinquishment; rather, the same will be and remain in full force and effect.
- If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you, CPS, and the court will endeavor to give effect to the intent reflected in that provision, and the remaining provisions will retain their full force and effect.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and CPS or the Synod as a result of these Terms and your Use of the Website or the CPS Portals.
- CPS's performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of CPS's right to comply with law enforcement requests or requirements relating to your Use of the Website or any CPS Portal or information provided to or gathered by CPS with respect to such Use.
- If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
U. Entire Agreement
V. Comments and Questions.
The Website and the CPS Portals are operated by CPS. If you have a comment or question about these Terms, please contact us at:
1333 S. Kirkwood Road
Saint Louis, MO 63122
Last revision: August 7, 2018