DAVEBUCHANAN.NET TERMS OF USE AGREEMENT
Last Update: November 1, 2024
BINDING EFFECT
This agreement (“Agreement”) is a binding agreement between you (“you”) and David Buchanan, dba DAVEBUCHANAN.NET (“Company,” “I,” “we,” “my,” and “our”). Please read the following information carefully to understand our practices regarding your use of the Site. The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using the available means of communication or post an update notice on this Site during your visit.
By using the website at WWW.DAVEBUCHANAN.NET (the ‘Site’) or any information, materials, images, graphics, data, text, files, links, software, messages, communications, content, organization, design, compilation, magnetic translation, digital conversion, HTML, XML, Java code and other content related to the Site (collectively “Content”) or services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as the Company may amend them from time to time in its sole discretion.
Data Protection Officer.
David Buchanan, 24 West Franklin Street Unit 111, Evansville, IN 47710 USA.
MY POLICY ON CHILDREN
This Site is not directed to children under 13, but it is safe for all children and adults. If a parent or guardian becomes aware that his or her child has provided us with information without their parent’s or guardian’s consent, please contact me using my private contact form on the Contact Us page. I will respond ASAP and delete such information from my records as soon as reasonably practicable.
In order to purchase the information and products sold on this Site you must be 18 (eighteen) years old or older. If you are under 18 (eighteen) years old, you need the permission of a parent or guardian before you can make a purchase and enter into this agreement. YOU AGREE THAT BY USING THIS SITE AND PURCHASING ANY PRODUCTS SOLD ON THIS SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD, OR HAVE THE PERMISSION OF A PARENT OR GUARDIAN TO ENTER INTO THIS LEGAL AGREEMENT.
1. PRIVACY AND COOKIE POLICY
We respect your privacy and provide a easy method that permits you to control the treatment of your personal information. A complete statement of our current privacy and cookie policy (the “Privacy Policy”) can be found on our website at: http://www.davebuchanan.net/privacy-policy. The Company’s Privacy and Cookie Policy is expressly incorporated into this Agreement by this reference. Our Privacy Policy explains to you how we process information about you. When you are required to submit information to use or access the Site, Content or Service, you must complete the registration process by providing the information requested on the form. You agree to the terms in Company’s Privacy and Cookie Policy regarding the use of the information you submit.
2. MEMBERSHIP ACCOUNTS
User Generated Data, Comments and WordPress Registrations
I Do Not allow anyone to share comments on this Site.
I Do Not allow anyone to register as a WordPress user.
I do not allow these features in order to add an extra layer of security to this Site and prevent hackers and spammers from collecting private information or uploading destructive scripts and programs.
I use a dedicated email management service and their secure server for managing all email newsletter communications. The membership application and my private contact form I use on this Site collects and stores your personal data in a database on a private secure server that does not have direct access to the internet.
This Site does not require anyone to register or become a member in order to view the post articles, videos and/or purchase products through a link to Amazon.com or any other affiliate website.
However, if you want access to our Members Only content or to make a purchase of any products that we offer only to our members, then we require you to complete a registration form to become a member. Membership is free and it allows us to provide a secure download link for the purchase of a digital product and to provide a history of the specific purchases from our members only product catalog.
Our membership program is separate from the WordPress user interface and provides an extra level of security to protect your personal information. The only information I require for membership is your Name, Email Address, a Username and Password. We request your Mailing Address, Country, Phone, Date of Birth and Gender but they are not required unless you purchase a physical product that must be shipped to your address. Your personal information and your transaction history is stored securely in a database on a private secure server. We do not store any of your personal information and/or email communications in any document on our website.
If you register as a member of this Site, I keep your membership information for as long as you remain a member. You can edit your information and cancel your membership account at anytime by visiting the Members Dashboard. If you delete your membership account, you will not be able to view or purchase any products or services that are available only to our members.
DIRECT PAYMENT PROCESSING FOR MEMBER PURCHASES
We only use PayPal.com to process credit/debit card payments for items in our members only product catalog. A PayPal account is not required to complete a purchase transaction.
PayPal.com offers secure financial transactions on their website, therefore we DO NOT receive, collect, manage or store any of your personal financial information. PayPal sends us a confirmation after a purchase which allows us to verify the product(s) you purchased and provide a transaction history in your personal Member’s Dashboard. We will also email you a receipt with details of your purchase and instructions concerning shipping and/or digital delivery. PayPal.com will also send you a receipt to verify your purchase. PayPal.com has its own privacy policy and terms and conditions for its use. Detailed information about the services of PayPal® are at www.PayPal.com.
Your membership information is never shared with any third-party entity and/or any Company employees. David Buchanan is solely responsible for the use, storage and security of your personal data while you are a member or subscriber. You may be required to confirm your membership and/or update your personal information once a year in order to preserve your privacy.
Your Membership ID and Password is required to login to protected areas of our website reserved for members only. Your Name will be used to identify you on our website and your email address will only be used to inform you about the status of your purchase, provide easy access for digital downloads, receipts for transactions, updates to our website and member only communications. Your action of registering as a member confirms your agreement to receive email communications from the Company.
All email communications from DAVEBUCHANAN.NET are handled by a secure email management application, under the direct supervision of David Buchanan and/or with a designated paid employee. I/We will never send you an email and ask you to provide any of your personal information via email. If you need to reset your password, go to our website and select Reset Password under the Member Login Tab on our Menu. If you want to update your information, go to the Members Dashboard under the Member Login Tab on our Menu.
When using the Site, you shall be responsible for ensuring the confidentiality of your account, password and other credentials and for secure access to your device. You shall not assign your account to anyone. The Company is not responsible for unauthorized access to your account that results from misappropriation or theft of your account. The Company may refuse or cancel service, terminate your account, and remove or edit content.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account.
You will be able to change your password and other contact information in the Member’s Dashboard on our website.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use.
3. SERVICES
DAVEBUCHANAN.NET is the Christian Bible teaching ministry of David Buchanan and independently owned by David Buchanan. The opinions and insights expressed on this website are the viewpoint of David Buchanan and/or the authors of respective articles and videos.
How I Make Money on This Site
In order to be transparent on how I make money on this website and to conform with the Federal Trade Commission’s guidelines, please read the following Earnings and Affiliate Disclaimer.
I provide free access to articles, videos and books that I have created concerning the teachings of Jesus Christ and his disciples, in addition to Bible scripture references of the Old Testament prophets as preserved in the King James Bible. The information on this Site is for the purpose of education and personal empowerment. I receive compensation from the sales of videos and books that I create and sell on this Site. I also receive donations from people who want to help me share the Gospel of Jesus with the world.
Please Note: At this time, I am NOT a registered 501c(3) non-profit charity. Therefore, donations and purchases of videos or books are not tax deductible. The IRS requires me to report all sales of merchandise, whether digital or physical goods in nature, including all donations as personal income. Therefore, I pay taxes on of the earned income from this Site. If you want to make a donation you can have satisfaction in that your donation will not be wasted. I have other sources of income that provide for my personal needs. Your generosity will be used to support the continued outreach of my website, evangelistic campaigns, foreign missions and the translation of my articles and videos into other languages. Visit my donation page for more information. http://www.davebuchanan.net/donate
Direct Sales of My Featured Products
I also have “Featured Products” on the Site that are directly sold and delivered by David Buchanan. I only use PayPal.com for all credit/debit card transactions. In order to make a purchase of a video or book, you are required to become a registered member. Membership is Free and it allows me to efficiently manage the delivery of the products you purchase on this Site and to create an extra level of security to store and protect your personal data on a secure server.
When you add a featured product to your shopping cart and click the button to checkout, you will be redirected to www.PayPal.com to complete your transaction on the PayPal® secure server. After you complete the payment process, PayPal® will email you a receipt and communicate with this Site that a purchase has been completed. The shopping cart program will confirm the purchase and collect your full name, email and the product information you purchased, then match it with your membership account and send you a receipt and confirmation of your purchase with necessary instructions.
I DO NOT Receive, Collect or Store Any of Your Personal Credit Card Information When You Purchase a Featured Product on this Site and Use PayPal.com. The privacy of your personal financial information is protected by PayPal.com using the same security protocol as your bank. Please read the Privacy Policy on PayPal.com for more information.
4. THIRD PARTY SERVICES
I also receive a small commission when you purchase a recommended product from a third-party website, like Amazon.com. However, I only recommend what I believe to be the best quality products and services.
David Buchanan is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for websites to earn advertising fees by advertising and linking to Amazon.com.
Here’s How Amazon.com Affiliate Advertising Works
If you click a product link or button (e.g. Buy from Amazon.com) on this Site, you will be redirected to Amazon.com. If you purchase any product within 24 hours, I will receive a small commission on your purchase. I will also make a commission if you click a link on this Site, add the product to your Amazon.com shopping cart, and you purchase the product within 90 days.
If You Go to Amazon.com Directly, I Do Not Make a Commission.
Third-party affiliate websites like Amazon.com allows me to make money and support this Site AT NO ADDITIONAL COST TO YOU.
If you enjoy the articles and want to help support this Site, here is what you can do. 1) Before you go to Amazon.com or any third-party website listed below, please visit this Site first. 2) Search for the product(s) you desire or those you frequently purchase every month, using our Search Amazon.com page or ad banner at the bottom of every post. 3) When you find the product you want, click the Buy from Amazon.com or More Information link and you will be transferred to Amazon.com. 4) Purchase any product on Amazon.com within 24 hours, or add it to your Amazon.com shopping cart for purchase at a later date. If you follow this procedure for the items you are going to purchase anyway, you will be supporting this Site without any extra cost to you.
Trusted Third-Party Affiliate Websites with Links on This Site:
www.Amazon.com
These third-party affiliate websites have different privacy polices. I recommended that you read their privacy policy and terms of use before you make a purchase or share your personal data with their website.
I DO NOT Receive, Collect or Store Any of Your Personal Information When You Purchase a Product on any Third-Party Website.
The Site may include links to other sites, applications, and platforms (hereinafter the “Linked Sites”).
I do not control the Linked Sites, and shall not be responsible for the content and other materials of the Linked Sites. I give you the option to use these links as a convenience and for providing the functionality or services on the Site.
Amazon.com and other affiliate websites provides their own payment processing services. We do not receive or collect any of your personal financial information that you share with Amazon.com or any other website. For details on how Amazon.com and any other affiliate websites handles your privacy, please visit the respective website.
Other third party websites may provide specific functions and features:
PayPal.com is used for all financial transactions.
YouTube.com is used for hosting and sharing my personal videos.
5. PROHIBITED USES AND INTELLECTUAL PROPERTY
The Company grants you a non-transferable, non-exclusive, revocable license to access and use the Site from one device in accordance with the Terms.
You shall not use the Site for unlawful or prohibited purpose. You may not use the Site in a way that may disable, damage, or interfere in the Site.
All content present on the Site includes text, code, graphics, logos, images, compilation, software used on the Site (the “Content”). The Content is the property of David Buchanan or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Site shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.
6. THE COMPANY MATERIALS
By posting, uploading, inputting, providing or submitting your Comments, Testimonials, Suggestions and/or Questions (Content) while using the contact form on our website, you are granting the Company to use your Content in connection with the operation of Company’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content. No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.
By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.
7. DISCLAIMER OF CERTAIN LIABILITIES
The information available via the Site may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.
The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on the “as is” basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantable, or fitness for a certain purpose.
To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Site in the context of the inability or delay to enjoy the Site or its services, or for any Content of the Site, or otherwise arising out of the enjoyment of the Site, based on contract and non-contract liability or other reason.
If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.
8. INDEMNIFICATION
You agree to indemnify, defend and hold harmless David Buchanan and the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Site or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The Company may assume the exclusive defense and you shall cooperate with the Company in asserting any available defenses.
9. TERMINATION AND ACCESS RESTRICTION
The Company may terminate your access and account to the Site and its related services or any part at any time, without notice, in case of your violation of the Terms.
10. MISCELLANEOUS
The governing law of the Terms shall be the substantive laws of the country where the Company is set up, except the conflict of laws rules. You shall not use the Site in jurisdictions that do not give effect to all provisions of the Terms.
No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or Use of the Site.
Nothing in the Terms of Use Agrement shall be a derogation of the Company’s right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Site.
If any part of the Terms of Use Agrement is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.
This Terms of Use Agreement constitute the entire agreement between you and the Company regarding the enjoyment of the Site and the Terms and Conditions specified herein supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.
The Company and its affiliates shall not be liable for a failure or delay to fulfill its obligations where the failure or delay results from any cause beyond Company’s reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terrorist acts, war, or any other force outside of Company’s control.
In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Site or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.
11. COMPLAINTS
We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Terms or our practices in relation to your personal data, please contact us. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.
12. CONTACT INFORMATION
I welcome your comments or questions about this Terms of Use Agreement and this Site. Please use my private contact form on the Contact US page. You may also contact me personally in writing to: David Buchanan, 24 West Franklin Street Unit 111, Evansville, IN 47711 USA.
© 2024 David Buchanan. All Rights Reserved.
www.davebuchanan.net