Last updated: Oct. 23, 2020

Read these Terms of Use (“terms” or “Terms of Use”) carefully before using the https://www.millersgrant.org website (the “service”) operated by the Lutheran Village at LVMG, Inc. (“LVMG”) (“us”, “we”, or “our”).
Your access to and use of the service is conditioned on your acceptance of and compliance with these terms. These terms apply to all visitors, users and others who access or use the service.

BY USING THE SERVICE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE. BY ACCESSING OR USING THE WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE. THESE TERMS OF USE APPLY TO YOUR ACCESS TO, AND USE OF, ALL OR PART OF THE SERVICE. THESE TERMS OF USE DO NOT ALTER THE TERMS OR CONDITIONS OF ANY OTHER AGREEMENT YOU MAY HAVE WITH LVMG.

  1. Intellectual Property – All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos and computer code (collectively, “content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such content, contained on the LVMG website is owned, controlled or licensed by or to LVMG, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the service and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without LVMG’s prior written consent.
  2. User Conduct – You are prohibited from transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, harassing, pornographic, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You further agree not to upload, post, e-mail or otherwise transmit any confidential information, trade secrets, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” any other form of solicitation, or software viruses.
  3. Privacy – Read our Privacy Policy to understand how LVMG collects, uses and discloses personally identifiable information from its users. These Terms of Use incorporate LVMG’s Privacy Policy by reference. Your use of the service indicates your acceptance of the Privacy Policy.
  4. Links to Other Websites – Our service may contain links to third party websites or services that are not owned or controlled by LVMG. LVMG has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that LVMG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
  5. Termination – All provisions of the terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We may terminate or suspend access to our service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the terms. Upon termination, your right to use the service will immediately cease.
  6. Disclaimer – Your use of the service is at your sole risk. The service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
  7. Governing Law – You agree that all matters relating to your access to or use of the service, including all disputes, will be governed by the laws of the State of Maryland without regard to its conflicts of laws provisions. You agree that the state courts of Maryland shall have sole and exclusive jurisdiction and venue to hear and determine any dispute or controversy arising under or concerning your use of the Service and you hereby submit to the jurisdiction of said courts. Any claim or controversy arising out of or relating to the service shall be brought in the Circuit Court or District Court of Maryland for Carroll County, Maryland. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
  8. Legal Expenses – If you or LVMG bring an action to enforce its rights under this agreement, the prevailing party shall be entitled to recover its costs and expenses, including without limitation, reasonable attorneys’ fees, expenses, and costs, incurred in connection with such action, including any appeal of such action. This fee shifting provision shall be incorporated but not merged in any court order entered against either party pursuant to an action arising from this agreement. The parties agree that the prevailing party shall be entitled to be reimbursed any post-judgment legal expenses incurred during collection of said judgment.
  9. Indemnification – You agree to indemnify, defend and hold harmless LVMG, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, from any claim or demand, including reasonable attorneys’ fees, from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the service, including, but not limited to, your violation of these Terms of Use.
  10. Limitation of Liability – By using the service, you assume all risks associated with the use of the service including any risk of your computer, software or data being damaged by any virus, software, or any other file which might be transmitted or activated via the service or your access to it. Under no circumstances shall LVMG, its subsidiaries and affiliates, their respective directors, officers, employees or agents, and other representatives, be liable for any indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from the use of the service or of any hyperlinked website even if such party is expressly advised of the possibility of such damages. In no event shall LVMG’s liability exceed the total sums received by LVMG from you during the twelve (12) month period immediately prior to the date the damages first occurred.
  11. Entire Agreement – These Terms of Service and any policies or operating rules posted by LVMG on this site or in respect to the service constitutes the entire agreement and understanding between you and LVMG and governs your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
  12. Changes – LVMG reserves the right to modify these terms at any time without notice to you. Any change in these terms are effective immediately upon posting. LVMG recommends that you read these terms carefully each time you use the service. Any use of the service after changes have been made shall be deemed acceptance of any changed terms.
  13. Severability – If any provision of these Terms of Use is determined by a court of competent jurisdiction to be in violation of any applicable law or otherwise invalid or unenforceable, such provision will, to such extent as it is determined to be illegal, invalid or unenforceable under such law, be deemed null and void, but these Terms of Use will otherwise remain in full force and effect.
  14. Waiver – LVMG’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by LVMG of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between LVMG and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
  15. Contact – If you have any questions about these terms, contact us.