terms of service
When you use Bartehrman.com, you enter into a legal agreement, which is what you see below. While we've tried to make this agreement as clear as possible, it still contains a fair bit of legalese, out of necessity.
These Terms of Service include an agreement to resolve any disputes through binding arbitration that includes a class action waiver, as well as important disclaimers, warranties and limitations on liability.
We're always happy to hear from you if you have any questions or suggestions. You can contact us here or write to us at: Bart D. Ehrman, University of NC at Chapel Hill, 125 Saunders Hall CB #3225, Chapel Hill, NC, 27599-3225.
OUR TERMS OF SERVICE
1. OUR SERVICES
When we refer to our “Services,” we mean all products, online courses, and services owned and operated by Bart Ehrman Professional Services or any of its affiliated companies (collectively, “Bart Ehrman Professinal Services,” “we,” or “us”), including the content, features, tools, data, software and functions made available by Bart Ehrman Professional Services through www.bartehrman.com. Dr. Ehrman's professional blog at www.ehrmanblog.org is owned and maintained by a separate organization, and has its own separate terms of services. It is excluded here. As of the effective date of these terms, our Services include the following key features:
Insights and Education. We love studying what scholars have said about Jesus, the New Testament, and early Christianity and we use our analysis and experience to provide you with all sorts of content and context about the ins and outs of these matters —from educational articles to online courses.
We provide you with a platform that includes helpful insights, education, offers and all sorts of products and services to help you grow your knowledge of the Bible.
We reserve the right in our sole and absolute discretion to make changes to how we operate and provide our Services, including adding new services, modifying existing services, or suspending, discontinuing, or terminating your access to any or all portions of our Services. Some of our Services are subject to additional terms and conditions ("Additional Terms"), which are posted separately from these terms but are incorporated and form a part of the Agreement if you decide to use or access those features. If there is a conflict between applicable Additional Terms and these terms, the Additional Terms will control.
Bart Ehrman Professinal Services' resources and services are constantly changing, so you might see features come and go as we continue to improve our experience and services for members. We will sometimes need you to agree to special terms for certain products or features.
2. LIMITATIONS AND RESTRICTIONS ON USE OF OUR SERVICES
2.1 Third Party Offers
With respect to offers from our partners, we do not guarantee that you will be presented with offers for any particular types of products or services or that you will meet the approval criteria for any particular offer. It is always your choice whether to apply for a product or service offered by our partners and we will never submit an application for a product or service to a partner on your behalf without your consent.
2.2 Educational Purposes
All information on our Services is presented for educational purposes only. We do not guarantee that the information we present as part of our Services, including credit report or credit score information, is the same information that may be used or reviewed by a third party to assess your creditworthiness or eligibility for any particular product or service or for employment.
2.3 Not a Mental Health Provider
We understand that many people who dive into the critical study of the Bible may experience difficulties in changing and/or accepting new belief systems. For example, many people experience anxiety, loniliness, depression, or even suicidal thoughts. If you are experiencing such symptoms, seek professional help from a qualified Mental Health Provider. We are not, nor are we holding ourselves to be your psychologist, psychiatrist, psychotherapist, or social worker (“Mental Health Provider”).
3. OWNERSHIP AND INFRINGEMENT
3.1 Our Content
All content and materials, including but not limited to images, text, visual interfaces, information, data, and computer code, provided by us through our Services (our “Content”) and all related intellectual property rights are the property of Bart Ehrman Professional Services and/or its third-party licensors. Our Content is protected by U.S. and international intellectual property laws and treaties. You are permitted to use our Content only on our Services and you may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form (including in-line linking or mirroring) our Content, in whole or in part, without our express prior written consent. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to use our Content except as expressly stated in the Agreement.
3.2 Our Partners' Intellectual Property
Our Services may also display certain intellectual property, such as company, product, and service name and logos, that is owned by our partners (our “Partners' Intellectual Property"). Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to copy, modify, sell, reproduce, distribute, republish, display, post, create derivative works from or transmit in any form (including in-line linking or mirroring) any of our Partners' Intellectual Property.
3.3 Infringement of Rights
You may not use our Services in any manner that infringes the rights of any third party. Bart Ehrman Professional Services reserves the right to block or otherwise prohibit in our sole discretion any individual who repeatedly posts materials that are alleged to infringe the intellectual property rights of others.
4. MONITORING OF OUR SERVICES AND DISCLOSURE FOR ADMINISTRATIVE AND LEGAL REASONS
We provide our services, our content, and all content and materials available through our services “as is” and “as available” without any warranty or condition of any kind, express or implied. Bart Ehrman Professional Services, on behalf of itself, its affiliates and its licensors, disclaims all warranties of any kind, whether express or implied, relating to our services, our content, or the community content, including the implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, quality, accuracy, title and non-infringement, and any warranty arising out of course of dealing, usage or trade.
No advice or information, whether oral or written, obtained by you from our services, our content, the community content, or otherwise available through our services will create any warranty regarding Bart Ehrman Professional Services or any of our services that is not expressly stated in these terms. You use our services, and use, access, download, or otherwise obtain our content, the community content, or other content available through our services, at your own discretion and risk. You assume all risk for any damage that may result from your use of or access to our services, your dealings with any other member or third party, and your use of our content, the community content, or other content available through our services. You are solely responsible for any damage to your property (including any computer system or mobile device used in connection with our services), or the loss of data that may result from the use of our services or the use of any of our content, the community content or other content available through our services.
Notwithstanding the foregoing, nothing in this section shall affect warranties which are incapable of exclusion or restriction under applicable law.
6. LIMITATION OF LIABILITY
Bart Ehrman Professional Services and its representatives, agents, and any of their respective officers, directors, equity holders, employees, parent entities, subsidiaries, affiliated entities, representatives, agents and licensors (collectively, the “Bart Ehrman Professional Services parties”) will not be liable to you or any third party for any special, indirect, incidental, consequential or punitive damages (such as loss of profits, loss of goodwill, loss of use, loss of data, business interruption, or other intangible losses) arising out of or relating in any way to our services, our content or the community content.
Except as expressly provided in section 8 (dispute resolution and arbitration) or required by applicable law (e.g., any non-waivable rights or remedies), in no event will the total liability of the Bart Ehrman Professional Services parties to you for all claims arising out of or relating to the use of, or any inability to use any portion of, our services, or otherwise arising out of or relating to the agreement, whether in contract, tort, or otherwise, exceed in the aggregate one hundred United States dollars ($100.00).
If any of the foregoing limitations are found to be invalid, the Bart Ehrman Professional Services parties' total liability for all damages, losses, or causes of action of any kind or nature whatsoever shall be limited to the greatest extent permitted by applicable law.
You will defend (if requested by any Bart Ehrman Professional Services Party), indemnify, and hold harmless the Bart Ehrman Professional Services Parties from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys' fees and costs, incurred by the Bart Ehrman Professional Services Parties in connection with any claim by a third party arising out of or in any way related to: (1) your use of our Services, our Content or the Community Content; (2) your violation or alleged violation of the Agreement or your violation or alleged violation of any applicable law; (3) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; or (4) any dispute between you and a third party, including any provider of Third Party Content. You must not settle any such claim or matter without the prior written consent of Bart Ehrman Professional Services. The Bart Ehrman Professional Services Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
8. DISPUTE RESOLUTION AND ARBITRATION
A third party arbitrator will help us resolve any disputes we might have. This means that any dispute will be resolved outside of class-action litigation. Hopefully, disputes will never be an issue, but you should read this section carefully for details on how it works.
In the interest of resolving disputes between you and Bart Ehrman Professional Services in the most expedient and cost-effective manner, you and Bart Ehrman Professional Services agree that every dispute arising in connection with the Agreement will be resolved by binding arbitration. You and us further agree that the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this arbitration provision. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of the Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the Agreement. The arbitrator also has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THE AGREEMENT, YOU AND BART EHMAN PROFESSIONAL SERVICES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Despite the provisions of Section 8.1, you and us both agree that nothing in the Agreement will be deemed to waive, preclude or otherwise limit the right of either of us to: (a) bring an individual action in small claims court within its jurisdictional limits; (b) file a complaint with the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file a suit in a court of law solely for injunctive relief to stop unauthorized use or abuse of our Services or address an intellectual property infringement claim.
Any arbitration between you and Bart Ehrman Professional Services will be governed by the FAA, the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by the Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879.
8.4 Notice and Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other by certified mail ("Notice"). Bart Ehrman Professional Services' address for Notice is: Attention: Dr. Bart Ehrman, University of NC at Chapel Hill, 125 Saunders Hall CB #3225, Chapel Hill, NC, 27599-3225. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). You and Bart Ehrman Professional Services agree to use good faith efforts to resolve the claim directly, but if you and Bart Ehrman Professional Services do not reach an agreement to do so within 30 days after the Notice is received, you or us may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Bart Ehrman Professional Services must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Bart Ehrman Professional Services; last written settlement offer made before an arbitrator was selected, Bart Ehrman Professional Services will pay you the amount awarded by the arbitrator. The arbitration proceedings, including any exchanged materials, shall be confidential and you and Bart Ehrman Professional Services agree to use reasonable efforts to streamline the proceedings, including discovery, consistent with the objectives of efficient dispute resolution.
Any arbitration hearing will take place at a location to be agreed upon in Chapel Hill, NC, but if the claim is for $10,000 or less, or as otherwise required, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your registered account address. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Life Insurance Shopping Reviews for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.
8.6 No Class Actions
YOU AND BART EHRMAN PROFESSIONAL SERVICES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Bart Ehrman Professional Services agree otherwise, the arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
If Bart Ehrman Professional Services makes any future change to this arbitration provision (other than a change to Bart Ehrman Professional Services's address for Notice), you may reject the change by sending us written notice within 30 days of the change to Bart Ehrman Professional Services' address for Notice, in which case your account with Bart Ehrman Professional Services will be immediately terminated but this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.
If any provision of this Section 8 is unlawful, void, or unenforceable for any reason, then that provision will be given effect to the greatest extent possible and the remaining provisions will remain in full force and effect.
9. DEACTIVATION AND TERMINATION
The Agreement is effective until your member account, if applicable, is deactivated by either you or Bart Ehrman Professional Services and you discontinue all use of our Services. Notwithstanding the foregoing, any section of the Agreement that by its nature is intended to survive termination of the Agreement or your use or access to our Services or our Content will survive such termination.
10.1 Governing Law
The Agreement is governed by the laws of the State of North Carolina, excluding conflicts of law provisions.
10.2 Entire Agreement
10.3 Changes to the Agreement
10.4 Waiver Only in Writing
Bart Ehrman Professional Services' failure to enforce any of its rights or act with respect to a breach by you or others of the Agreement does not constitute a waiver of any rights and will not limit Bart Ehrman Professional Services' rights with respect to that breach or any subsequent breaches. No waiver by Bart Ehrman Professional Services of any of the provisions in the Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of Bart Ehrman Professional Services.
Bart Ehrman Professional Services may assign the Agreement to any party at any time without notice to you. You may not assign your rights under the Agreement, by operation of law or otherwise, without our consent.
If any provision of the Agreement is unlawful, void, or unenforceable for any reason, then that provision will be given effect to the greatest extent possible and the remaining provisions will remain in full force and effect. Nothing in the Agreement shall affect any non-waivable statutory rights or remedies that apply to you.
The Agreement shall not be construed against Bart Ehrman Professional Services because we drafted it.
Terms of Service updated 1/31/2022