TERMS OF USE
Welcome to the Missionary Midwifery Training Program (“MMTP”), a program of Hartland Institute of
Health and Education, a Virginia nonstock religious corporation (“Hartland College”) website! Hartland
College and MMTP (collectively referred to herein as “MMTP”) provides its services to you subject to the
following notices, terms, and conditions. In addition, when you use any of the MMTP Web Site’s services
you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and
software, is the property of MMTP or its content suppliers and protected by U.S. and international
copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on
this site is the exclusive property of MMTP and protected by U.S. and international copyright laws. All
software used on this site is the property of MMTP or its software suppliers and protected by U.S. and
international copyright laws. The content and software on this site may be used as a basic intellectual
property resource. Any other use, including the reproduction, modification, distribution, transmission,
republication, display, or performance, of the content on this site is strictly prohibited.
USE OF SITE
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise
exploited for any purpose that is not expressly permitted by MMTP, unless specifically noted. MMTP and
its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders at its
discretion, including, without limitation, if MMTP believes that customer conduct violates applicable law
or is harmful to the interests of MMTP and its affiliates.
REVIEWS AND COMMENTS
This MMTP Web Site may enable visitors to send comments, reviews, questions and other content to its
site. If we choose to use that content for publication, you grant MMTP and its affiliates a non-exclusive,
royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, and display such reviews, comments, or
other content throughout the world in any media. You also grant MMTP and its affiliates and sub
licensees the right to use the name that you submit with any review, comment, or other content, if any,
in connection with such review, comment, or other content. You represent and warrant that you own or
otherwise control all of the rights to the reviews, comments and other content that you post on this site
and that use of your reviews, comments, or other content by MMTP and its affiliates will not infringe
upon or violate the rights of any third party.
COPYRIGHT COMPLAINTS
MMTP and its affiliates respect the intellectual property of others. If you believe that your work has
been copied in a way that constitutes copyright infringement, please contact us immediately (contact
information provided below) and we will attempt to rectify the situation.
We refer to all products and services we offer from time to time, including the above, as “Services.”
By opening an account, signing up for, downloading, and/or accessing or using our Services, you agree
to comply with all of the terms and conditions in this user agreement so please read them carefully.
APPLICABLE LAW
This site is created and controlled by MMTP in the Commonwealth of Virginia, USA. As such, the laws of
the Commonwealth of Virginia will govern these disclaimers, terms, and conditions, without giving effect
to any principles of conflicts of laws. We reserve the right to make changes to our site and these
disclaimers, terms, and conditions at any time.
The terms include an Agreement to Mediate/Arbitrate to resolve disputes by arbitration on an individual
basis. It provides that any dispute may be resolved by mediation and then binding arbitration instead of
a trial in court or a class action. Unless you opt out in accordance with the terms of the agreement to
mediate/arbitrate, the provision will eliminate your right to go to court (except for a small claims court
having jurisdiction), the right to bring class or collective actions, and the right to have a jury decide a
dispute.
By accessing any of the MMTP Web Sites, you agree that any legal action brought by you based on the
content of the MMTP Web Site, or otherwise, shall be exclusively brought and maintained in the
Commonwealth of Virginia, USA, and you submit yourself to the (inpersonam) jurisdiction of such court
waiving any claim that such court constitutes an inconvenient forum.
You also agree to comply with the following additional policies and each of the other agreements that
apply to you:
Privacy Policy
Nondiscrimination Policy
Please read carefully all of the terms of these policies and each of the other agreements that apply to
you. Any terms that are defined in this agreement and used in other agreements without further
definition, have the meaning set forth in this Agreement.
ELECTRONIC COMMUNICATIONS
We may communicate with you about your MMTP account or our Services electronically. You consent to
receive, and acknowledge and agree that you can receive, electronically all communications,
agreements, documents, notices and disclosures (collectively, “Communications“) that we provide in
connection with your MMTP account and your use of our Services, through the application, to the email
address you provided, or on our Website. You will be considered to have received a Communication
from us, if it’s delivered electronically, at the time we post it to our Website or email it to you. You will
be considered to have received a Communication from us, if it’s delivered by mail, three business days
after we send it. If you do not agree to receive Communications electronically, you must stop using our
Services.
You understand and agree that, to the maximum extent permitted by law, we may, without further
notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has
with us or our agents for quality control and training purposes or for our own protection. You
acknowledge and understand that while your communications with us may be overheard, monitored, or
recorded not all telephone lines or calls may be recorded by us, and we do not guarantee that
recordings of any particular telephone calls will be retained or retrievable.
INDEMNIFICATION AND LIMITATION OF LIABILITY
In this section, the Disclaimer of Warranty and Release section and in any other sections where you
indemnify or hold us harmless, you agree to an exclusive remedy, agree to mediation and arbitration, or
we disclaim warranties or liability, we use the term “MMTP” to refer not only to the Hartland College,
but also to each of their respective directors, officers, employees, shareholders, agents, joint venturers,
partners (including integration and marketing partners), service providers and suppliers. Our affiliates
include each entity that we control, we are controlled by or we are under common control with.
Indemnification: You agree to defend, indemnify and hold MMTP harmless from any claim, demand,
action, or lawsuit (including attorneys’ fees) in any way related to your use of Services, your violation of
any law or the rights of a third party, breach of this user agreement or any other agreement or policy to
which you are subject, and/or the actions or inactions of any third party to whom you grant permissions
to use your MMTP account or access our Website, software, systems (including any networks and
servers used to provide any of our services) operated by us or on our behalf, or any of the Services on
your behalf.
Limitation of Liability: In no event shall MMTP be liable for any indirect, incidental, consequential,
special, exemplary, punitive, or other damages whatsoever (including those resulting from lost profits,
lost data, or business interruption) arising out of or relating in any way to the Services, or any related
content or information (including as contained within our Website or an application), whether based on
warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such
damages. Your sole remedy is to stop using the Services. In no event, shall the maximum cumulative
liability of MMTP to you arising from or in any way relating to your account and use of the Service
exceed the greater of: (a) one hundred dollars ($100); or (b) the fees paid to us for our software services
in the last six (6) months.
While MMTP takes steps to check that applications are free from viruses and other malicious content,
MMTP does not assume any responsibility, nor shall MMTP be liable for any damage to, or viruses that
may infect, computers or mobile devices or other property on account of access to or use of the
Services. MMTP does not warrant that any content will be free of viruses, worms, Trojan horses or other
destructive programming. You are responsible for implementing procedures sufficient to satisfy your
needs for data backup and security. You assume and are solely responsible for all risk in any way related
to your use of the Services.
DISCLAIMER OF WARRANTY AND RELEASE
No Warranty: Services are provided “as-is” and without any representation or warranty, whether
express, implied or statutory. MMTP specifically disclaims any implied warranties of title,
merchantability, fitness for a particular purpose and non-infringement.
AGREEMENT TO MEDIATE/ARBITRATE
This Agreement to Mediate/Arbitrate affects your legal rights. Please read carefully. Unless you opt out
by sending written notification to MMTP, Attention: Kevin Grams at 444 Hartland Oak Drive, Rapidan, VA
22733. This Agreement to Mediate and Arbitrate will eliminate your right to go to court (except for a
small claims court having jurisdiction), the right to bring class or collective actions, and the right to have
a jury decide a dispute.
Our Agreement: You and MMTP each agree that any and all disputes or claims that arise out of or in
any way relate to this User Agreement, your account with MMTP, your use of MMTP, or the
corresponding relationship between you, on the one hand, and MMTP, its agents, employees, officers,
directors, predecessors in interest, successors and assigns, on the other hand, including federal and
state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation
or any other legal theory, shall be resolved exclusively by mediation and, if necessary, legally binding
arbitration, in accordance with the Rules of Procedure for Christian Conciliation of the Institute for
Christian Conciliation TM ; any settlement agreement or arbitration judgment may be entered in any court
otherwise having jurisdiction. Notwithstanding the foregoing, MMTP may bring any claim relating to
infringement of our intellectual property rights in U.S. federal court. This Agreement to
Mediate/Arbitrate is intended to be broadly interpreted. You acknowledge that your breach of these
terms may cause irreparable harm to MMTP, the extent of which would be difficult to ascertain.
Accordingly, you agree that, in addition to any other remedies to which MMTP may be legally entitled,
MMTP will have the right to seek immediate injunctive relief in the event of a breach of these terms by
you or any of your officers, employees, consultants, or other agents.
Prohibition of Class and Representative Actions and Non-Individualized Relief: You and MMTP agree
that each of us may bring claims against the other only on an individual basis and not as a plaintiff or
class member in any purported class or representative action or proceeding. Unless both you and MMTP
agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims
and may not otherwise preside over any form of a consolidated, representative or class proceeding.
Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in
favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated
by that party’s individual claim(s). Any relief awarded cannot affect other MMTP users.
All parties agree that mediation set forth based on Rules of Procedure for Christian Conciliation of the
Institute for Christian Conciliation is required to resolve any dispute but if mediation is not able to
resolve the conflict and it is referred to arbitration, the arbitrator(s) will decide the substance of all
claims in accordance with applicable law, including recognized principles of equity, and will honor all
claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations
involving different MMTP users (whether Individuals, Organizations or Developers), but is/are bound by
rulings in prior arbitrations involving the same MMTP user to the extent required by applicable law. The
award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the
arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration shall be
confidential, and neither you nor we may disclose the existence, contents or results of any arbitration,
except as may be required by law or for purposes of enforcement of the arbitration award.
Severability: With the exception of any of the provisions in the Prohibition of Class and Representative
Actions and Non-Individualized Relief section above, if a court decides that any part of this Agreement
to Mediate/Arbitrate is invalid or unenforceable, the other parts of this Agreement to Mediate/Arbitrate
shall still apply. If a court decides that any of the provisions in the Prohibition of Class and
Representative Actions and Non-Individualized Relief section above is invalid or unenforceable, then the
entirety of this Agreement to Mediate/Arbitrate shall be null and void, but the remainder of this user
agreement will continue to apply.
USER RESTRICTIONS
You must not:
attempt to undermine the security or integrity of our computing systems or networks or, where
the Services are hosted by a third party, that third party’s computing systems and networks;
use, or misuse, the Services in any way which may impair the functionality of the Services or our
Website or other systems used to deliver the Services or impair the ability of any other user to
use the Services or our Website or applications;
attempt to gain unauthorized access to any materials other than those to which you have been
given express permission to access or to the computer system on which the Services are hosted;
transmit, or input into our Services or our Website or other system, any files that may damage
any other person’s computing devices or software, content that may be offensive, or material or
data in violation of any law (including data or other material protected by copyright or trade
secrets which you do not have the right to use); or
attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any
computer programs used to deliver the Services or to operate our Website or systems.
Your Content, Licenses Granted from You to Us and Your Intellectual Property Warranties: If you post
to your personal social media including Facebook, Twitter, LinkedIn or Instagram in relation to the
Services, you hereby grant MMTP the perpetual, irrevocable, unrestricted, transferable, sub-licensable,
worldwide, royalty-free, fully paid up right and license to use that material for marketing purposes
without any obligation to compensate you for them.
We always appreciate any feedback and suggestions about MMTP and its Services, but you understand
that we may use your feedback or suggestions on an unrestricted basis without any obligation to
compensate you for them (just as you have no obligation to offer them).
Account Security: Your privacy and security are very important to us and we go to great lengths to
protect it. We, cannot however, control who you share your username, password, personal
identification numbers, pins or other codes you use to access your account and the services (“Login
Info”) or the security of your networks. You are solely responsible for maintaining adequate security and
control of your Login Info and networks. You are responsible for anyone you share your Login Info with
(for example, if you give someone Login Info and they use your account without your knowledge or
permission, you are still responsible for transactions made). You should regularly log into your MMTP
account and review your MMTP account statement. You should review these transaction notifications to
ensure that each transaction was authorized and accurately completed. If you believe your Login Info
has been lost or stolen, or if you believe a transaction has been made without your permission: email us
at igoodwin@hartland.edu.
MMTP shall not be liable for any loss, cost or damage suffered as a result of any unauthorized use of the
Services by any third party caused by your failure to comply with the prior paragraph. You must notify
MMTP immediately if you suspect or become aware of any unauthorized or fraudulent use of your
account.