Terms of Use

 

Terms of Use | Practicing the Way | Updated February 2024

Welcome to Practicing the Way — we're glad you’re here!

Practicing the Way exists to help churches equip people to practice the Way of Jesus. We share our resources (including but not limited to all our videos, social media assets, visuals, podcasts, audio, sermon notes, guides and other content) to be used as freely as possible by all audiences to help people become more like Jesus Christ. While we generally permit distribution of our Content freely (subject to the specific rules in these Terms of Use), remember that fundamentally you may use and distribute Practicing the Way Content only so long as you do not generate any fee or compensation, directly or indirectly, from the use of Practicing the Way Content. These Terms of Use (sometimes referred to as just "Terms") are intended to achieve that goal, while at the same time protecting our content and reputation from misuse or misappropriation.

If you want to use our Content, you need to follow these Terms and our Privacy Notice. If you violate these Terms, then you may not use our Content in any way, and the revocable license granted to you in these Terms is immediately, and without notice, revoked by Practicing the Way.

We're a nonprofit corporation organized under the laws of the state of Oregon in the United States, but we strive to have a global perspective. In these Terms, we may refer to ourselves as "we", "us", "our", or as "Practicing the Way". Users and viewers of our content are referred to as “you”.

These Terms and our Privacy Notice govern your access or use of our products or services, including our websites (including www.practicingtheway.org), social media pages, channels, related applications across any devices and platforms (like "Apps" we may create), learning management systems, and any other Practicing the Way online presence (collectively, the “Services”). Should we create any app, use of our Content within our Apps is further governed by the terms of service and privacy policies set forth in the Apps and on the Apple App Store and Google Play.

These Terms and our Privacy Notice apply to your access or use of all our resources (including, but not limited to: all our videos, graphics, visuals, podcasts, classes, audio, notes and other content, and any other content now or in the future developed, disseminated, or produced by Practicing the Way) and any other materials and functionality found on our Services as well as to any such Content on our social media pages or our media streaming pages, such as our YouTube, MUX, and Vimeo channels (collectively, the "Content").

The Content may not be used except as expressly stated in these Terms. To the extent that other companies provide hosting or other services to Practicing the Way (collectively, “Service Providers”), and those Service Providers’ terms of use apply to any websites, social media pages, channels, or other online locations where Content appears, these Terms are intended to operate in addition to those terms.

Please read these Terms carefully before you start accessing or using the Services.

  • Acceptance

  • Overview

  • Registration

  • Your Use of the Website and Content

  • User-Generated Material

  • Restrictions on Your Use of the Website and Content

  • Intellectual Property Ownership

  • Practicing the Way Trademarks

  • Procedure for Making and Reporting Claims of Copyright Infringement

  • Copyright Infringement Counter Notification Procedures

  • Website Security

  • Modification, Suspension, or Termination Website Use

  • Privacy and Communications

  • Governing Law

  • Disclaimer of Warranty

  • Limitation of Liability

  • Indemnification

  • Choice of Language

  • Revisions to these Terms of Use

  • Class Action Waiver

  • Arbitration Agreement

  • Acceptance

By accessing, browsing, or using our Services or Content, you agree to be bound by these Terms, and you also agree to review and be bound by our Privacy Notice, hereby incorporated into these Terms. If you are accessing or using the Services or Content on behalf of an organization, you represent that you have the authority to bind, and do bind, the organization to these Terms.

If you do not agree and accept these Terms, you may not use the Services or Content. Your use of the Services or Content constitutes acceptance of these Terms as a binding, legal contract. Our Terms constitute the entire agreement between you and Practicing the Way regarding your use of the Services or Content and operate to the fullest extent permissible by law. Our failure to exercise or enforce any right or provision in our Terms shall not operate as a waiver of such right or provision.

Practicing the Way provides its Services and Content for free (with the exception of a handful of books for sale). You understand that “but for” your acceptance of these Terms we would not have provided our Services or Content to you for free.

If you have any questions, comments, or concerns regarding these Terms, please contact us at hello@practicingtheway.org. All other feedback, comments, requests for technical support, and other communications relating to the Services or Content should be directed to: hello@practicingtheway.org.

 

Overview

Practicing the Way is an integrated auxiliary of Bridgetown Church. We hope that people from all backgrounds will find value in our work, regardless of their religious or non-religious convictions. Our goal is to help churches equip people to practice the Way of Jesus.

As a nonprofit organization, we object to any individual or organization profiting from their use of our Content. Attempting to profit from Practicing the Way Content, receiving any fee or compensation from our Content, or financially charging for the use or distribution of our Content violates these Terms of Use.

Modifying our Content, or using our Content in a way that alters the message, conclusions, inferences, or substance of the Content violates these Terms and will end your right to use the Content.

We reserve the right to change, suspend, or discontinue any aspect of the Services at any time, in our sole discretion, and without notice or liability, including by adding or eliminating certain features or discontinuing the Services entirely. From time to time, we may restrict access to some or all of the Services. We also reserve the right to terminate or suspend your account or restrict your use of or access to the Services, without notice or liability, for any reason or no reason at our sole discretion. Accordingly, for any reason, and without notice, all or any part of the Services may become unavailable to you at any time and for any period.

 

Registration

You may register with us to access or use certain portions of our Services or Content, receive newsletters and other information, or make an online purchase or donation, all under these Terms. By registering with us, you represent, warrant, and agree that (a) you are 16 years old or older, (b) you are able to and have the appropriate authority to create a binding agreement with Practicing the Way, or, if you are over 16 but under the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms; (c) the information you provide about yourself is true, accurate, current, and complete; and (d) you will only use the login credentials we issue to you to access or use limited-access portions of the Services. If Practicing the Way has previously terminated your access to the Services for any reason, you may not access or use the Services under any circumstances.

If you register with us, you are responsible for all matters relating to your account and password (including maintaining their confidentiality) and the use of your account by others, with or without your authorization. You agree to be responsible for ensuring that others using your account comply with these Terms. Practicing the Way will not be liable for any losses caused by any unauthorized use of your account.

You must notify us immediately of any breach of security or unauthorized use of your account by sending an e-mail to hello@practicingtheway.org with “Unauthorized Use” in the subject line. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account. We reserve the right, in our sole discretion, to terminate your access to or use of the Services or any portion thereof at any time, without notice.

 

Your Use of the Services or Content

Subject to and in accordance with these Terms, we grant you a limited, revocable, non-sub-licensable, non-transferable, non-exclusive license to make personal, non-commercial use of the Services and Content. We reserve the right to terminate this license and your access to the Services or Content, for any or no reason and with or without notice. This license is personal to you and you may not assign or transfer any of your rights or obligations under this license or these Terms to any person or entity; any attempt to do so is void.

When accessing or using the Services or Content, you represent and warrant that (a) any information you submit to us is truthful and accurate; (b) you will maintain the accuracy of that information; and (c) your use of the Services or Content does not violate any applicable law, rule, regulation, or these Terms. Any information that you provide to us will also be subject to our Privacy Notice.

You warrant and agree that, while using the Website, you shall not upload, post or transmit to the Website, or distribute or otherwise publish through the Website, any materials that: (a) are protected by third party copyright, or other proprietary or intellectual property right; (b) are unlawful, threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), (c) restrict or inhibit any other user from using and enjoying the Website, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.

You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Website for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Website; (d) attempt to gain unauthorized access to other computer systems through the Website; (e) “stalk” or otherwise harass anyone using the Website or access through the Website; (f) contact anyone using the Website or accessed through the Website for any commercial purpose; or (g) contact anyone using the Website or accessed through the Website for any inappropriate, unlawful, or elicit purpose. You agree that you will not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

Although Practicing the Way may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Website, Practicing the Way is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations on the Website nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Website.

By posting, uploading, submitting, inputting, providing, or otherwise making available any artwork, photos, written works, or other media, including feedback and suggestions (collectively, “Submissions”), you are granting Practicing the Way, our affiliated companies, and any necessary sub-licensees a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable license to use your Submission for promotional, business development, and marketing purposes including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

We claim no intellectual property rights over the Submissions you supply to Practicing the Way. You retain copyrights and any other rights you may rightfully hold in any Submissions that you submit through the Website. You shall not upload, post, submit, input or otherwise make available on the Website any Submissions protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Submissions are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a Submission.

For all Submissions submitted by you to the Website, you automatically represent or warrant that you own or otherwise control all the rights to your Submission described herein including the authority to use and distribute the Submission, and that the use or display of the Submission as contemplated in this section will not violate any laws, rules, regulations, or rights of third parties. You agree to hold Practicing the Way harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you arising from Submissions you submit through the Website.

You further grant us the right to use your Submission for the purpose of improving our Website, products or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation for our use of your Submission. Practicing the Way is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Practicing the Way’s sole discretion. If you do send us unsolicited ideas, such ideas will be deemed non-confidential, and we will not be required to provide any acknowledgement of their source.

 

Video Content

Certain of our videos are available to view or download from our practicingtheway.org site, or our channels on YouTube, or Vimeo or such other channels we may create in the future (collectively, “Video Content”). You are permitted to embed streams of, or links to, any of our Video Content into your own website or mobile application unless and until we instruct you to remove it, but only as long as you comply strictly with these Terms and, in particular, the following requirements:

  • You may not require payment of a monetary fee, or require any action or inaction that leads to indirect monetary benefit to you, as a prerequisite for users of your website, app, or service to access the Video Content.

  • You may not charge or financially profit from the Video Content.

  • You may not sell, reproduce, edit, or distribute copies of the Video Content.

  • You must place a clear and prominent notice, in close proximity to the Video Content, that identifies Practicing the Way as the author and owner of the Video Content and contains a link to practicingtheway.org, enabling viewers to visit that site and learn more about Practicing the Way, such as the following:

    • © 2023 Practicing the Way. Source: www.practicingtheway.org

    • You may not edit, modify, or make changes of any sort to any Video Content, nor may you create any derivative works based upon the Video Content.

    • You may not upload any Video Content to a new server or streaming service other than the ones we provide.

    • You agree to the terms of service of YouTube, Vimeo, MUX, or any other hosting service hosting Video Content.

 

Podcast

Certain of our podcasts and other audio content (collectively, “Audio Content”) are available to stream only from our practicingtheway.org site, the following authorized audio streaming services: Apple Podcasts, Google Podcasts, and Spotify, and any other sources we authorize (collectively, the “Authorized Audio Streaming Sources”). You are permitted to play our Audio Content only as available from Authorized Audio Streaming Sources, so long as you conform to any requirements of the Authorized Audio Streaming Sources. Any attempts to stream, channel, feed or otherwise upload our Audio Content into any streaming service, server, site, program, or application other than the Authorized Video Streaming Sources is strictly prohibited and a violation of these Terms. You are not permitted to record, reproduce, rebroadcast, or make any other similar use of our Audio Content without our explicit written consent. If you wish to make any use of our Audio Content other than as allowed above, please contact us to arrange a special usage license.

 

Graphics

Certain of our graphics are available to view or download from our practicingtheway.org site (collectively, "Graphics"). You are permitted to download, reproduce and display any of our Graphics, either digitally or in tangible media, unless and until we withdraw this permission, but only as long as you comply strictly with these Terms and, in particular, the following requirements:

  • You may not require payment of a monetary fee, or require any action or inaction that leads to indirect monetary benefit to you, as a prerequisite for third parties to view the Graphics, nor may you sell copies of Graphics.

  • You may not charge or financially profit from the Graphics.

  • You may create and distribute up to 500 paper copies of each Graphic, so long as you comply with the above restriction on sales — so all Graphics are distributed free of charge. (If you wish to produce 500 or more copies of a Graphic, please contact us to request a special license.)

  • You may not edit, modify, or make changes of any sort to any Graphic, nor may you create any derivative works based upon the Graphic.

  • You must place a clear and prominent notice, in close proximity to any digital displays of any Graphics, that identifies Practicing the Way as the author and owner of the Graphics and contains a link to www.practicingtheway.org enabling viewers to visit that site and learn more about Practicing the Way, such as the following:

    • © 2023 Practicing the Way. Source: www.practicingtheway.org

    • In the event that we withdraw this permission, you must remove all digital displays of the Graphics, and cease distribution of any Graphics reproduced in tangible media.

 

Other Visual Content

Certain of our notes, scripts, and static visual content other than graphics are available to view or download from our www.practicingtheway.org site and the Practicing the Way Apps (collectively, “Other Visual Content”). You are permitted to download, reproduce, and display any of our Other Visual Content, either digitally or a single time in tangible media, unless and until we withdraw this permission, but only as long as you comply strictly with these Terms and, in particular, the following requirements:

  • You may not require payment of a monetary fee, or require any action or inaction that leads to indirect monetary benefit to you, as a prerequisite for third parties to view the Other Visual Content, nor may you sell copies of Other Visual Content.

  • You may not charge or financially profit from the Other Visual Content.

  • You may create and distribute up to 500 paper copies of each different Other Visual Content, so long as you comply with the above restriction on sales - so all Other Visual Content are distributed free of charge. (If you wish to produce 500 or more copies of a Other Visual Content, please contact us to request a special license.)

  • You may not edit, modify, or make changes of any sort to any Other Visual Content, nor may you create any derivative works based upon the Other Visual Content.

  • You must place a clear and prominent notice, in close proximity to any digital displays of any Other Visual Content, that identifies Practicing the Way as the author and owner of the Other Visual Content and contains a link to www.practicingtheway.org enabling viewers to visit that site and learn more about Practicing the Way, such as the following:

    • © 2023 Practicing the Way. Source: www.practicingtheway.org

    • In the event that we withdraw this permission, you must remove all digital displays of the Other Visual Content, and cease distribution of any Other Visual Content reproduced in tangible media.

 

Restrictions on Your Use of the Services and Content

You may not use the Services or Content for any commercial purpose or for any unlawful or wrongful purpose. You agree not to use, rent, retransmit, duplicate, disclose, publish, sell, assign, lease, sublicense, market or transfer the Services or Content, except as expressly authorized by these Terms. You further agree not to copy, reverse engineer, translate, port, modify, or make derivative works of the Services or Content. Tampering with the Services, conducting fraudulent activities on the Services and any other illegal activities are prohibited and may subject the misuser to legal action.

Translations of any Content or material from practicingtheway.org or our podcasts are subject to approval. Please submit a translation request for our team to review here: hello@practicingtheway.org.

Accessing the Services does not authorize you to use any Content in any manner other than specifically authorized by these Terms. Without limiting the foregoing, unless specifically permitted by these Terms, you may not under any circumstances:

Remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other Content protection measures either directly or through other means;

Mirror, frame, screen scrape, or deep link to any aspect of the Services or access or use any Content through technology or means other than those provided or authorized by us;

Access or use the Services via any automated system, including, without limitation, by “robots,” “spiders,” “offline readers,” etc., or take any action that imposes, or may impose (as determined in our sole discretion), an unreasonable or disproportionately large load on our infrastructure;

Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses, or other malware or software agents, whether harmful or not, to the Services, or tamper with, impair, damage, attack, exploit, or penetrate our system or network, or otherwise attempt to interfere with or compromise the system integrity or security of Practicing the Way or any connected networks, or take any action to impact the proper operation of the Services and any person’s or entity’s use or enjoyment thereof;

Bypass the measures used to prevent or restrict access to or use of the Services, such as by hacking into secured or non-public areas of the Services or circumventing any geo-blocking mechanisms;

Use the Services to collect any personal information, including account names and email addresses, or use the Services for any commercial solicitation purposes, without our prior express written permission; or

Attempt to reverse engineer any aspect of the Services or attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies the Services, create any derivative works or materials of any kind using the Content, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of the Services.

Use the Services or Content in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).

Use the Services or Content for the purpose of exploiting, harming, or attempting to exploit or harm any person in any way.

Send, knowingly receive, upload, download, use, or re-use any Content that does not comply with these Terms of Use.

Impersonate or attempt to impersonate Practicing the Way, a Practicing the Way employee, another user, or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing).

Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or Content, or which, as determined by us, may harm Practicing the Way or users of the Services, or Content, or expose them to liability.

The permissions described in these Terms will automatically terminate if you breach any provision of these Terms. Any use of the Content not expressly permitted by these Terms may violate copyright or trademark laws, and, without the prior written permission of Practicing the Way, is strictly prohibited.

 

Intellectual Property Ownership

The copyrights, trademarks, and other intellectual property rights in the Content and any other information contained in the Services including, without limitation, software, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the collection, compilation, and overall design of the Services (collectively, the “Intellectual Property”), are owned or licensed by Practicing the Way, and we reserve all rights with respect to the Intellectual Property. Nothing in these Terms or your use of the Content shall serve to transfer any ownership in the Intellectual Property or our Content to any other party.

 

Practicing the Way Trademarks

While the copyrights in certain Content are licensed under these Terms for certain specific uses, no trademark or service mark license whatsoever is granted to you by these Terms. This means you may not use our name, logo, or any other Practicing the Way identifier in any way that doesn’t qualify as referential fair use under U.S. law. This is so no one is confused as to the relationship between Practicing the Way and our Content users, for instance by being led to believe that Practicing the Way endorses or sponsors someone who is only using Content under these Terms, and not under a separate agreement. If you wish to make any use of our trademarks beyond referential fair use, please contact us to request a special usage license. Such licenses are not common, but may be granted under special circumstances. A license to use any of our marks may only be granted in a formal written license agreement signed by one of our duly authorized officers. No other person or agent is authorized to grant any rights or to authorize the use of any of our marks, and any such attempted grant or related promise or guidance is invalid.

“Practicing the Way” is a trademark of Practicing the Way, registered in the U.S.

 

Procedure for Making and Reporting Claims of Copyright Infringement

Practicing the Way takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Practicing the Way website, social channels, Practicing the Way App, or other Practicing the Way content or user-generated content, or Content as described in our Terms of Use (collectively referred to in this Policy as the "Services") infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • Your physical or electronic signature.

  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.

  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

  • A statement that the information in the written notice is accurate.

  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

  • A sample notice from the US Copyright Office is available at https://www.copyright.gov/512/sample-notice.pdf

Our designated copyright agent to receive DMCA Notices is:

Practicing the Way
c/o Bridgetown Church
2120 NE Tillamook
Portland, OR 97212
hello@practicingtheway.org

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

 

Copyright Infringement Counter Notification Procedures

If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

  • Your physical or electronic signature.

  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

    The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

    Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

 

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

 

Security of Services

You are strictly prohibited from violating or trying to violate the security features of the Services, such as by:

Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;

Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that you do so in writing;

Attempting to interfere with service to any user, host or network, such as by means of submitting a virus, overloading, flooding, spamming, mail bombing or crashing; or

Sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

You hereby agree not to use any device, software, or routine to interfere or try to interfere with the proper working of the Services or any activity conducted on the Services. You further agree not to use or try to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services other than the search engine and search agents which we make available on the Services and other than generally available third-party web browsers like Chrome, Firefox, Safari or Edge.

If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations. Without limiting the foregoing, we have the right to cooperate fully 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 Services. YOU WAIVE AND HOLD HARMLESS PRACTICING THE WAY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES

 

Modifying, Suspending, or Terminating Use of Services

We reserve the right to change, suspend, or discontinue any aspect of the Services at any time, in our sole discretion, and without notice or liability, including by adding or eliminating certain features or discontinuing the Services entirely. From time to time, we may restrict access to some or all of the Services. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. We also reserve the right to terminate or suspend your account or restrict your use of or access to the Services, without notice or liability, for any reason or no reason at our sole discretion. Accordingly, for any reason, and without notice, all or any part of the Services may become unavailable to you at any time and for any period.

If we suspend or discontinue any aspect of the Services or terminate your account, we are not responsible for providing you with any information or content. We may also delete your other preferences and interests to the extent stored within or in connection with your account. You have no recourse with regard to any information that we delete regardless of any value you may ascribe to that information, and we expressly disclaim any value you may attribute to any of your information stored on our servers.

 

Privacy and Communications

Privacy Notice. You acknowledge that you have read and understand our Privacy Notice. You may review our Privacy Notice at any time.

Consent to Electronic Communication. You consent to receive communications from us electronically, either by email, notice posted on the Services, or other electronic means, as determined by us in our sole discretion. You agree that any requirement to send you a notice, disclosure, agreement or other communication in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to such electronic communications.

Access to Your Information via Third Parties. When you sign up for or use our products and services, you may give us permission to access information collected about you by third parties. For example, you may link your Facebook account, which allows us to obtain information from those accounts (like your full name and email). The information we get from those services often depends on your settings or their privacy notices, so be sure to check your settings.

 

Governing Law

Practicing the Way controls and operates the Services from its offices within the United States. Claims relating to, including the use of, the Services and the materials contained herein are governed by the laws of the United States and the State of Oregon, where our headquarters are located, without regard to any conflicts of laws, principles, and the federal laws of the United States. If you choose to access the Services from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.

Disclaimer of Warranty

PRACTICING THE WAY IS PROVIDING ITS SERVICES AND ITS CONTENT ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AS TO THE SERVICES OR THEIR OPERATION OR THE CONTENT. WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE ON THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT. WE CANNOT GUARANTEE THE SERVICES’ AVAILABILITY AND WE DO NOT PROMISE ANY SPECIFIC RESULTS FROM YOUR USE OF OUR SERVICES. YOU USE OUR SERVICES AT YOUR OWN RISK.

The materials appearing on the Practicing the Way website may include technical, typographical, or photographic errors. Practicing the Way may make changes to the materials contained on its website at any time without notice. Practicing the Way does not, however, make any commitment to update the materials.

Our Services may contain links to other websites, and we are not responsible for the content, accuracy, or opinions expressed on those other websites, and we do not investigate, monitor, or check those websites for accuracy or completeness. Inclusion of any linked website on our Services does not imply our approval or endorsement of the linked website. When you access these third-party sites, you do so at your own risk. We take no responsibility for third-party advertisements or third-party applications that may be posted on or through our Services, nor do we take any responsibility for the goods or services provided by such advertisers. We are not responsible for any act or omission (whether online or offline) of any user of our Services including for any user’s posting of content on our Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, or destruction, or unauthorized access to, or alteration of, any user communication. We are not responsible for any problems, damage, injury, or malfunction relating to our Services or your use thereof (including those that may arise from or through communication networks or lines, computer online systems, viruses or other malware, servers or providers, computer equipment, software, failure of any email due to technical problems, or traffic congestion on the Internet and/or on our sites). Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from use of our Services, from the conduct of any users (whether online or offline), or otherwise. We are not responsible for any damage to your computer, software, modem, telephone, or other property resulting from your use of (or inability to use) our Services. We will not be liable to you if you are unable to access information through our Services. Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so some of the above limitations or exclusions may not apply to you. This waiver is specifically necessary in order to keep the Services and Content free of charge to users.

 

Limitation of Liability

IN NO EVENT SHALL PRACTICING THE WAY OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS, OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON RELATED TO OR ARISING OUT OF USE OF, OR INABILITY TO USE, OUR SERVICES OR CONTENT, INCLUDING, WITHOUT LIMITATION, FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, PROFITS, OR GOODWILL, BUSINESS INTERRUPTION, OR COMPUTER FAILURE OR MALFUNCTION, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, COPYING, OR DISPLAY OF THE SERVICE OR CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, STRICT LIABILITY, MISREPRESENTATION, PRODUCTS LIABILITY, VIOLATIONS OF LAW (INCLUDING REGULATIONS), NEGLIGENCE, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS.

Without limiting the foregoing provisions, the limit on total cumulative liability owed by Practicing the Way to you or any person for any claims shall be limited to a maximum of any amount you have paid Practicing the Way in the last 12 months. This limitation on liability is specifically necessary in order to keep the Services and Content free of charge.

IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD US, OUR SUBSIDIARIES AND OUR AFFILIATES, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, COST, EXPENSE, CLAIM, DAMAGES, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, DUE OR RELATING TO OR ARISING OUT OF (I) YOUR USE OF OUR SERVICES IN VIOLATION OF OUR TERMS, (II) YOUR BREACH OF OUR TERMS, OR (III) ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH IN OUR TERMS.

 

Choice of Language

Practicing the Way reserves the right to revise these Terms by updating this posting without prior notice. We may modify or update these Terms of Use at any time for any reason, with or without prior notice to you, and any such changes to these Terms of Use will supersede and replace any previous Terms of Use effective immediately upon posting to this page. You agree that in the event any portion of these Terms are found to be unenforceable, the remainder of these Terms shall remain in full force and effect and the otherwise unenforceable portion shall be amended so as to be enforceable to the greatest extent permitted by law. You agree to be bound by any such revisions. You are advised to periodically visit this page to determine the then-current Terms of Use.

 

Class Action Waiver

YOU HEREBY WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT AGAINST PRACTICING THE WAY RELATED TO ANY CLAIM, DISPUTE OR CONTROVERSY, AND, WHERE APPLICABLE, YOU HEREBY AGREE TO OPT OUT OF ANY CLASS PROCEEDING AGAINST PRACTICING THE WAY OTHERWISE COMMENCED.

 

Arbitration Agreement

YOU AND PRACTICING THE WAY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any claim or dispute arising from or relating to these Terms of Use and their interpretation or the breach, termination, or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope, or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled exclusively by binding, individual arbitration, rather than in court, and to be held in Portland, Oregon or another location mutually agreeable to the parties. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. ANY COVERED DISPUTE CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advance written notice of its intent to file for arbitration. Practicing the Way will provide such notice by email to your email address on file with us and you must provide such notice by email to hello@practicingtheway.org. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.

The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties. Judgment upon the award rendered by an arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. Arbitrator will apply applicable law and the provisions of these Terms of Use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Neither Practicing the Way nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration). These Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, by the laws of the State of Oregon.