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Terms of Use

Terms of Use

January 2023

By using any services found on Ministryrecruiting.com (“Job Board”) you agree to these Terms of Use (“Terms”).  This is a binding legal contract between you and Ministry Recruiting & Consulting. (“Ministry Recruiting”, “we”, or “us”), and you should read it carefully before using the Job Board.

To use the Job Board, you must be at least eighteen (18) years of age.  If you are using the Job Board to submit an advertisement for an open job position (a “Job Post”), you are a “Job Poster” and should pay special attention to the Terms Specific to Job Posters. If you are using the Job Board to search, view and apply for jobs, you are a “Job Seeker” and should pay special attention to the Terms Specific to Job Seekers.  The General Terms are applicable to both Job Posters and Job Seekers.

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services whether you are simply a “Visitor” (which means you are just browsing the Services), or an “Authorized User”, which means you have registered to use them. Collectively, Visitors and Authorized Users are referred to as “Users” or individually as a “User” or “you”. By accessing or using the Services, you are accepting this Agreement (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement (on behalf of yourself or the entity that you represent). you may not access or use the Services or accept the Agreement if you are not at least 18 years old. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services.

Registration

  1. Registering Your Account.In order to access certain features of the Services, you may be required to become an Authorized User. An “Authorized User” is a user who has registered an account on the Services (“Account”), or has a valid account on a social networking service (“SNS”) through which the user has connected to the Services (each such account, a “SNS Account”).
  2. Access Through a SNS. If you access the Services through an SNS, you may link your Account with SNS Accounts by allowing us to access your SNS Account, as permitted under the applicable terms and conditions that govern your use of each SNS Account. You represent that you are entitled to grant Ministryrecruiting.com access to your SNS Account without breach by you of any of the terms and conditions that govern your use of the applicable SNS Account and without obligating us to pay any fees or making Ministry Recruiting & Consulting subject to any usage limitations imposed by such third-party service providers. By granting us access to any SNS Accounts, you understand that we may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video messages, tags and/or other materials accessible through the Services (collectively, “Content”) that you have provided to and stored in your SNS Accounts. Unless otherwise specified in this Agreement, all SNS Content shall be considered to be Your Content for all purposes of the Agreement.  Depending on the SNS Accounts you choose and subject to the privacy settings that you have set in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through your Account for the Services.  Please note that if an SNS Account or associated service becomes unavailable or our access to such SNS Account is terminated by a Third-Party Service Provider, then SNS Content will no longer be available on and through the Services.  You have the ability to disable the connection between your Account and your SNS Accounts at any time by [accessing the “Settings” section of the Services]. YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH SNS ACCOUNTS.
  3. Registration Data. In registering an Account on the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are of legal age to form a binding contract and not a person barred from using the Services under the laws of any applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify Ministry Recruiting & Consulting immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or Ministry Recruiting & Consulting has reasonable grounds to suspect as much, Ministry Recruiting & Consulting has the right to suspend or terminate your Account and this Agreement and to refuse any and all current or future use of the Services. You agree not to create an Account on behalf of someone other than yourself or if you have been previously removed by Ministry Recruiting & Consulting.
  4. Your Account.You have no ownership or other property interest in your Account, and all rights in and to your Account are and will forever be owned by and inure to the benefits of Ministry Recruiting & Consulting.

Access to the services

  1. Use of the Site and Services. Ministry Recruiting & Consulting grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Services solely for your own personal, noncommercial use. You acknowledge and agree that Ministry Recruiting & Consulting will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
  2. Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services or any content displayed on the Services; (b) you will not frame or utilize framing techniques to enclose any trademark, logo or other portion of the Services (including images, text, page layout or form) of Ministry Recruiting & Consulting;  (c) you will not use any metatags or other “hidden text” using Ministry Recruiting & Consulting’s name or trademarks; (d) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you will note use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site or Services (except that we grant operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials; (f) you will not access the Services in order to build a similar or competitive website, product, or service; and (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or addition to the Services’ functionality will be subject to this Agreement. All copyright and other proprietary notices on or in the Services (or on any content displayed on the Services) must be retained on all copies thereof.
  3.  Modification. Ministry Recruiting & Consulting reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice. You agree that Ministry Recruiting & Consulting will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
  4.  Ownership. All IP rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Ministry Recruiting & Consulting. Neither this Agreement (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such IP rights, except for the limited access rights set forth in Section 2.1. Ministry Recruiting & Consulting reserve all rights not granted in this Agreement.

Indemnification

You agree to indemnify and hold Ministry Recruiting & Consulting (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party arising out of (a) your use of the Services, (b) your violation of this Agreement or (c) your violation of applicable laws or regulations. Ministry Recruiting & Consulting reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without Ministry Recruiting & Consulting’s prior written consent. Ministry Recruiting & Consulting will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Third party links; release

  1. Third-Party Links. The Services may contain links to third-party websites and services. Such Third-Party Links are not under our control, and we are not responsible for any Third-Party Links. We provide access to these Third-Party Links only as a convenience to you, and we do not review, approve, endorse, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk and when you click on any of the Third-Party Links, the applicable third party’s terms apply, including the third party’s privacy and data gathering practices.
  2.  Release. You release and forever discharge the Ministry Recruiting & Consulting (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other users of the Services or any Third-Party Links). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND MINISTRY RECRUITING & CONSULTING) EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Terms Specific to Job Posters

  1. Authority.  If you are submitting a Job Post on behalf of a business, organization, agency, institution, or other entity (“Employer”), then you are agreeing to these Terms on the Employer’s behalf and represent and warrant that you are an authorized representative of the Employer with the authority to bind the Employer under this contract. Throughout these Terms, the word “you” refers to both you personally and the Employer.
  2. Contents of Job Posts.  You are solely responsible and liable for the contents of your Job Post. You may only submit Job Posts that represent real and current job openings. Your Job Post must comply with all applicable local, state and federal laws, rules and regulations, including but not limited to laws relating to anti-discrimination, labor and employment, equal employment opportunity and employment eligibility requirements.  You warrant that your Job Post, and any other information that you provide to Ministry Recruiting & Consulting in connection with your Job Post, is legal, complete, legitimate, truthful, accurate, non-infringing and not misleading.  Ministry Recruiting & Consulting disclaims all liability for the contents of your Job Posts.
  3. Publishing a Job Post.  Once submitted, Job Posts are typically published within one (1) business day or less.  You will receive a confirmation email with a receipt once your Job Post is published. Ministry Recruiting & Consulting reserves the right to reject any Job Post in its sole discretion and to provide a refund of fees as your sole remedy for such rejection.  Ministry Recruiting & Consulting reserves the right to make non-material edits to your Job Post, such as fixing typos or misspellings, without prior notice to or consent from you. Ministry Recruiting & Consulting’s acceptance and publishing of a Job Post does not represent any guarantee or warranty that the Job Post is non-infringing, in compliance with applicable laws, rules or regulations, or otherwise compliant with these Terms.
  4. Job Post Benefits.  Job Posts will be posted on the Job Board for 30 days (the “Listing Period”).  In addition, Job Posts published on an ministryrecruiting.com may be advertised on Ministry Recruiting and Consulting’s social media accounts.
  5. Rights and Licenses.  By submitting a Job Post, you expressly grant to Ministry Recruiting & Consulting a royalty-free, perpetual, transferable, sublicensable (through multiple layers of sublicensees), non-exclusive, worldwide license to use, reproduce, adapt, translate, sublicense, and publicly display your Job Post on the Job Board and in the applicable Ministry Recruiting & Consulting social media platforms. This license extends to all contents of the Job Post, including any logo, trademark, trade name, service mark or service name (“Marks”) included in, or provided for use in connection with, your Job Post.  In addition, by submitting a Job Post, you consent to the inclusion of your company’s name in a list of current and previous users of the Job Board service which may be posted on MinistryRecruiting.com’s digital properties or used in other marketing materials. You can revoke this consent at any time by sending an email notice to [email protected], and we will use commercially reasonable efforts to remove your name from our publicly-posted sources as soon as practicable following receipt of such notice. You represent and warrant that you have the rights, power, and authority necessary to grant the rights described above and that our use of your Job Post and Marks will not violate any law or infringe the rights of any third party, including but not limited to rights of privacy, publicity or intellectual property.
  6. Violations and Removals. You acknowledge and agree that Ministry Recruiting & Consulting may, with no liability or penalty, remove any Job Posts which it determines, in its sole discretion: (a) violates these Terms; (b) is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or in violation of any applicable law, rule or regulation; or (c)  may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party.  Additionally, Ministry Recruiting & Consulting may refuse to accept and publish future Job Posts if any of your previous Job Posts were removed for any of the foregoing reasons.  You understand and accept that you will not receive any credit or refund for Job Posts removed or cancelled pursuant to this provision.
  7. Job Poster Disclaimers. Ministry Recruiting & Consulting does not make any guarantees regarding the number of views, clicks, shares or other Job Seeker interactions that your Job Post may receive. Ministry Recruiting & Consulting does not guarantee that your Job Post will generate any specific number of applicants or candidates, or that the applicants or candidates it does generate will be suitable for the position posted. You understand and agree that Ministry Recruiting & Consulting does not, and cannot, confirm the identity or qualifications of the Job Seekers that may access or respond to your Job Posts. You are solely responsible and liable for your interactions with Job Seekers who you may encounter by virtue of your Job Posts, and you assume all risks for such interactions

Terms Specific to Job Seekers

  1. Job Seeker Disclaimer. Ministry Recruiting & Consulting does not have control over the quality, accuracy, completeness, veracity or legality of Job Posts. You understand and agree that Ministry Recruiting & Consulting has no responsibility and assumes no liability for any Job Post posted on the Job Board or for the actions of any Job Poster.  If you are concerned about the legitimacy, legality or safety of any Job Post you find on the Job Board, you should send an email to [email protected]. Please note that Ministry Recruiting & Consulting is not required to take down any Job Post even if notified of a potential concern, and that any failure or refusal to remove such Job Post will not create any duty of care or any liability on the part of Ministry Recruiting & Consulting.
  2. Assumption of Risk and Responsibility. You are solely responsible for your interactions with the Job Posters whom you may encounter by using the Job Board. Please note that there are risks that may arise when dealing with strangers online and in-person, including but not limited to the risk of identity theft or physical harm. You should therefore use caution regarding the information you elect to share as part of your job search. Remember, if the job or the job offer sounds too good to be true, you need to be extra vigilant and conduct your own checks before responding to any communication or taking any action.

General Terms

  1. United States Service. The Job Board is controlled and operated by LPST Enterprises LLC DBA Ministry Recruiting & Consulting from within the United States of America and is intended only for Job Posters and Job Seekers located in the United States of America. Ministry Recruiting & Consulting makes no representations that the Job Board or the materials available via the Job Board, are appropriate or available for use in locations outside of the United States or will comply with international laws, rules and regulations.
  2. Disputes between Job Posters and Job Seekers. If you have any disputes with or claims against any Job Seeker or Job Poster, you agree to pursue any remedies directly with such party, and you forever release Ministry Recruiting & Consulting, its partners, subsidiaries, and their respective employees, directors and agents from all claims, demands and damages of every kind and under any legal theory arising in connection with such disputes.
  3. Indemnification You agree to defend, indemnify and hold harmless Ministry Recruiting & Consulting. and its affiliates, subsidiaries, licensors  and partners, and their respective directors, officers, board members, employees, agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities and costs (including but not limited to all legal fees and expenses) arising in connection with your use of and access to the Job Board, including but not limited to claims alleging: (i) your violation of these Terms or any of the representations and warranties herein; (ii)  your violation of the Site Terms of Use; (iii) your violation of any third-party intellectual property rights; (iv) your violation of any applicable law, rule or regulation, including, without limitation, applicable employment and anti-discrimination laws; and (v) your interactions with Job Posters or Job Seekers.
  4. Universal Disclaimers.  THE JOB BOARD IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTY THAT:(I) ANY CONTENT PROVIDED ON OR THROUGH THE JOB BOARD SITE IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT; (II) THE JOB BOARD SITE WILL MEET YOUR REQUIREMENTS; (III) THE JOB BOARD SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THE JOB BOARD SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE JOB BOARD SITE, WHETHER BY THIRD-PARTY ADVERTISERS OR JOB POSTERS, OR FOR ANY HYPERLINKED WEBSITE ACCESSIBLE VIA THE JOB BOARD SITE. WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY INTERACTION BETWEEN YOU AND ANOTHER JOB SEEKER OR JOB POSTER OR ANY THIRD-PARTY ADVERTISER ON THE JOB BOARD SITE. ALL OF THE DISCLAIMERS IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitation on liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MINISTRY RECRUITING & CONSULTING (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF MINISTRY RECRUITING & CONSULTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

Term and termination

Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion. Ministry Recruiting & Consulting will not have any liability whatsoever to you for any termination of your rights under this Agreement, including for termination of your Account. Even after your rights under this Agreement are terminated, the provisions of these Terms will remain in effect.

General

  1. This Agreement is subject to occasional revision, and if we make any material changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to the Agreement will be effective immediately for new Users of the Services and for Users who are Visitors and will be effective thirty (30) calendar days following our posting of notice of the changes on our Site for Authorized Users, or thirty (30) days after dispatch of an e-mail  notice of such changes (if applicable) to such Authorized Users.  Continued use of our Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
  2. Electronic communications. The communications between you and Ministry Recruiting & Consulting may use electronic means, whether you visit or use our Services or send e-mails to us, or whether Ministry Recruiting & Consulting posts notices on or in the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Ministry Recruiting & Consulting in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Ministry Recruiting & Consulting provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. section 7001 et. Seq (“E-Sign”).
  3. Governing law. Any and all controversies, disputes, demands, counts, claims or causes of action between you and Ministry Recruiting & Consulting and our employees, agents, successors, or assigns, regarding or relating to this Agreement or the Services will exclusively be governed by the internal laws of the state of Indiana.
  4. Where Ministry Recruiting & Consulting requires that you provide an e-mail address, you are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to any notices required or permitted by this Agreement, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice.  Such notice shall be deemed given when received by us by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at that address.
  5. Entire Agreement. This Agreement, including the documents referred to herein, constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Ministry Recruiting & Consulting is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, or otherwise transferred by you without Ministry Recruiting & Consulting’s prior written consent, and any attempted assignment, subcontract, or transfer in violation of the foregoing will be null and void. The terms and conditions set forth in this Agreement will be binding upon assignees.

 Contact Information:

LPST Enterprises LLC DBA Ministry Recruiting & Consulting

PO Box 705 Winona Lake, IN 46590

Email: [email protected]