(Updated December 14th, 2023)
WallBuilder Presentations (“WallBuilders”) is pleased to provide to you its websites, content, products and services. These terms govern your use and our provision of the WallBuilders products and services on which these terms are posted, as well as information or services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of this website.
PLEASE READ THESE TERMS CAREFULLY. ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
This is a contract between you and WallBuilders, a Texas nonprofit Religious Corporation, or between you and any different service provider identified for a particular WallBuilders Service. You must read and agree to these terms before using the WallBuilders website and webstore. If you do not agree, you may not use the WallBuilders website and webstore. These terms describe the limited basis on which the WallBuilders website and webstore are available and supersede prior agreements or arrangements.
We may amend these terms. Any such amendment will be effective thirty (30) days following our posting of the amendment on the WallBuilders website and webstore. If you do not agree to any change to these terms, you must discontinue using the WallBuilders website and webstore. Our customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.
We may immediately terminate this contract with respect to you (including your access to the WallBuilders website and webstore) if you fail to comply with any provision of these terms.
The WallBuilders website and webstore are for your personal, noncommercial use and are intended for informational and educational purposes only. They do not constitute legal, financial, or professional advice and cannot be used for such purposes.
The WallBuilders website and webstore are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the WallBuilders website and webstore are owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of the WallBuilders website and webstore may be used or exploited in any way other than as part of the WallBuilders website and webstore offered to you. You may own the physical media on which elements of the WallBuilders website and webstore are delivered to you, but we retain full and complete ownership of the WallBuilders website and webstore. We do not transfer title to any portion of the WallBuilders website and webstore to you.
Content and License
If a WallBuilders Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.
You may not circumvent or disable any content protection system or digital rights management technology used with any WallBuilders Service; decompile, reverse engineer, disassemble or otherwise reduce any WallBuilders Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any WallBuilders Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any WallBuilders Service in violation of United States export control and economic sanctions requirements. By acquiring services, content or software through the WallBuilders website and webstore, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.
Disclaimers and Limitation on Liability
THE WALLBUILDERS WEBSITE AND WEBSTORE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
Changes to the WallBuilders website and webstore
The WallBuilders website and webstore are constantly evolving and will change over time.
Additional Restrictions on Use of the WallBuilders website and webstore
We do not allow uses of the WallBuilders website and webstore that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any WallBuilders Service or connected network, or interfere with any person or entity’s use or enjoyment of any WallBuilders Service. You agree not to access, monitor or copy any element of the WallBuilders website and webstore using a robot, spider, scraper or other automated means or manual process without our express written permission.
Third-Party Services and Content
If you access a WallBuilders Service using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the WallBuilders website and webstore. You agree that your access to the WallBuilders website and webstore using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
When you access the WallBuilders website and webstore through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Not all features of the WallBuilders website and webstore may work with your network provider or device.
User Generated Content
The WallBuilders website and webstore may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, or other content (“User Generated Content”), which may be accessible and viewable by the public, such as product reviews, etc. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a WallBuilders Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Some WallBuilders website and webstore features permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use the WallBuilders website and webstore if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.
Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving the WallBuilders website and webstore.
The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.
Identity of Seller
WallBuilders uses a third-party vendor to transact sales on the WallBuilders website and webstore.
The Order Process
You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled, include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
Payments and Billing
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards. If you use a payment method other than a credit card, you may incur an additional payment processing fee and may not be able to automatically renew subscriptions.
Right of Cancellation
All license purchase fees are non-refundable. When purchasing a license to access digital content or virtual items, you agree that you are not entitled to a cancellation or cooling-off period and that the license purchase becomes final when you receive delivery of or otherwise access such content.
Right of Return
You have the right, within thirty (30) days from the date of your receipt of the relevant goods, to cancel our contract with you and return the goods. This right does not apply to digital content, virtual items or products stated by us on the WallBuilders website and webstore to be non-returnable, including sale and clearance items, audio and video recordings, computer software, and CD’s, DVD’s or other physical media that have been unsealed.
We may revise the pricing for products and services we offer. If you pay a periodic subscription fee for a WallBuilders Service, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change. When you place your order, we estimate the tax and include that estimate in the total for your convenience. The actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.
Submissions and Unsolicited Ideas Policies
Our company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to:
PO Box 397
Aledo, TX 76008
We are only able to accept notices in the English language.
We will respond to claims of copyright infringement committed using the WallBuilders website and webstore that are reported to our Designated Copyright Agent, identified above, after investigation for validity, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to WallBuilders website and webstore hosted in the United States, these notices must include the required information set forth in the DMCA.
Choice of Forum
You agree that any action at law or in equity arising out of or relating to these terms or the WallBuilders website and webstore shall be filed, and that venue properly lies, only in the state or federal courts located in Texas, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
Choice of Law
These terms are governed by and construed in accordance with the laws of the State of Texas and the laws of the United States, without giving effect to any conflict of law principles.
Binding Arbitration and Class Action Waiver
You and WallBuilders agree to arbitrate all disputes between you and WallBuilders or its affiliates, except disputes relating to the enforcement of WallBuilders or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the WallBuilders website and webstore or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.
In the event of a dispute, you or WallBuilders must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to WallBuilders, PO Box 397, Aledo, Texas 76008, USA, and Attention: Legal Department/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and WallBuilders will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and WallBuilders do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, WallBuilders will pay all filing, AAA, and arbitrator’s fees and expenses. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US $1,000, whichever is greater, and pay your attorney, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrue for investigating, preparing and pursuing your claim in arbitration. We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.
If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in Parker County, Texas, United States of America, and you and WallBuilders agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor WallBuilders will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.