Church.org Membership Agreement- Effective: 9/23/2022

CHURCH.ORG SERVICES

At Church.org. we connect you with local churches and provide communication tools for churches to connect with you by hosting online services and classes, share stories and prayer requests, make announcements and for ministries to come together. 

Throughout these Terms, we will use “Church.org”, “we”, “us” and “our” to refer to the companies offering our Services to you. 

This Membership Agreement (“Terms”) governs your rights and responsibilities related to Church.org membership services including Member use through it’s websites, domains, apps, products, services, features and marketing campaigns (“Services”).

When you register to use our Services, you become a “Member.” If you have chosen not to register for our Services, use of our website may allow access to certain features and are made available on our website for a “Guest”. If you are accessing our website, as a Guest, please review our Privacy Policy and Terms of Use to understand our terms of use of the website and the collection, use and sharing of your information we collect from Guests on our website. 

By accessing or using our Services, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms as a legally binding contract with Church.org (even if you are using the Services on behalf of a company).  As such, we encourage you to review this Agreement in its entirety.  

If you are accepting these Terms and using the Services on behalf of a company, partnership, organization, or other legal entity, you represent and warrant that you are authorized to do so and that you have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity. 

THIS MEMBERSHIP AGREEMENT INCLUDES AN ARBITRATION PROVISION. ARBITRATION WILL REQUIRE YOU TO RESOLVE DISPUTES WITH CHURCH.ORG ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION PROCEEDINGS. U.S. MEMBERS, SHOULD REVIEW THE ARBITRATION PROVISION SET FORTH IN SECTION 19 OF THIS AGREEMENT. 

  • CHURCH.ORG MEMBERSHIP
  • CHURCH.ORG MEMBERSHIP ELIGIBILITY.  Our Services are available to you if you are legally able to enter into and form a binding contract with Church.org and in compliance with these Terms and all applicable laws. You are prohibited from using these Services if (1) you are under 18 years of age; (2) we disabled your Membership account for violations of these Terms or other Terms or policies under subscription or Membership Services; (3) our Services are not directed or available for your geographic territory; or (4) you are otherwise prohibited by applicable laws from accessing or receiving our Services. We reserve the right to refuse Membership signup or registration for, access to, or use of our Services by any business, person, household at any time and for any reason at our sole discretion. 
  • MEMBERSHIP REGISTRATION/SIGNUP. When you signup or register to become a Member, you will be asked to provide certain information in order to setup your account.  The information you provide must be accurate and complete information. We reserve the right to reject and terminate any registration or signup submitted with false or inaccurate registration information, or otherwise submitted in violation of these Terms.
  • MEMBERSHIP TERMS. The Terms of this Agreement shall commence on the date when you accept them by registering or signing up for Services and will remain in full force and effect for as long as you access or use the Services, unless terminated earlier in accordance with the Terms.
  • MEMBERSHIP REGISTRATION- ACCESS & PERMITTED ACTIVITY.  After setting up your registration, (“Account”) Members may create, operate, maintain, or otherwise use this account on the Services (“Member”) for business and personal use. Some Services include the ability to create or claim a listing that advertises or contains information about your church known as a Church Listing, this membership and service is for Administrative Members (“Administrative Member”) which are also bound to these Terms. Accounts are limited to one Account registration per church and/or individual. Once your Account has been created, you will be responsible for maintaining the security of Account login information and should keep this login information confidential. You will be responsible for all activity that takes place under your Account. Please notify us immediately if you suspect or become aware of any unauthorized use of or access to your Account.  You may use, access, search, interact with, or otherwise make use of our Services only for the purposes for which they are intended and provided and by methods we make them available to you (ie. website, apps, APIs), and in each case subject to any additional Terms we may provide governing their permitted uses.


  • CHURCH.ORG LICENSE GRANT AND RIGHT OF USE.  Subject to your compliance with these Terms (including all applicable policies), we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and freely revocable license to access and use the Services as provided herein. This license grant is not a sale of the Services or any portion thereof, and we retain all rights, title, and interest in the Services and all copies thereof.


  • MEMBER CONTRIBUTIONS AND LICENSE GRANT. Some of the Services will allow Members and Administrative Members to submit, upload, post, publish, transmit, or otherwise make available on the Services content such as photos, images, music, videos, comments, likes, recommendations, questions, messages, and other content or information (“Member Contributions”). You retain ownership of your Member Contributions. You hereby grant to Church.org a non-exclusive, transferable, fully sublicensable (through multiple-tiers), royalty-free, and worldwide license, to host, use, distribute, modify, copy, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of your Member Contributions. We will exercise our rights in the foregoing license subject to your Account settings, the selections you make when posting your Member Contribution, and as otherwise described in our Privacy Policy. You represent and warrant that you are the creator and owner of your Member Contributions, and/or that you have the necessary licenses, rights, consents and permissions to authorize us to exercise the licenses granted by you in this section in the manner outlined in these Terms. You also hereby grant each Member of the Services a non-exclusive license to access your Member Contributions through the Services and to use, reproduce, distribute, display, and perform such Member Contributions as permitted through the functionality of the Services and under these Terms.


  • USE OF ALL MEMBER DETAILS AND CONTRIBUTIONS.  You give us permission to use your church details and Member Contributions to fulfill listing and site Services. You give us permission to use your church details and information with the Services in conjunction with ads, offers, and in connection with our efforts to promote sponsored Content we may display on the Services, with no compensation to you.  Copying, sharing or redistributing Member Contributions outside of the Services by any means including web or screen scraping is strictly prohibited. We welcome you to share any feedback, suggestions, or ideas you have about Church.org and our Services with us (“Feedback”); You agree that in sharing your Feedback, you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, sublicensable, transferable, fully-paid, royalty-free right to use the Feedback as we see fit and in connection with any of our products and services now known or hereinafter developed. 


  • MEMBER & ADMINISTRATIVE MEMBER CONDUCT.  As a Member of Church.org, we expect our Members and Administrative Members to adhere to certain conduct for appropriate use of the Services. We may limit the distribution of or remove any Member Contribution that we determine violates any of the Member conduct as outlined below. We reserve the right to proactively monitor and  moderate Member Contributions, although we expressly disclaim any obligation to do so, and we can remove any Member Contribution, suspend, delete, or deactivate your Account, limit Account privileges, or otherwise refuse Services to you, if you engage in any prohibited activity as listed below, violate these Terms, or our other policies, or if you infringe intellectual property, or otherwise engage in behavior that we think may be harmful to us or other Members.  

All Member Contributions activities and communications submitted and/or provided to Church.org, other Members or for Services and Church Listings will adhere to the following:

  1. Respectful Communications:  All Member and Administrative Member communications shall be respectful and civil.  Communications that use offensive language, profanity, or are threatening, insulting, harassing, attacking or berating is strictly prohibited.  This includes any type of hateful language, racism, or any discrimination. 
  2. Appropriate Topics: These Services are provided for spiritual communities to come together.  Member Contributions will be limited to pertinent topics that align with Services. 
  3. Member Activity:  Members and Administrative Members are strictly prohibited from engaging in any harmful activity, including scams in using these Services. 
  4. Terms of Use:  Members and Administrative Members must abide by the Services Terms of Use.  Additionally, you agree that you will not, under any circumstances (i) gain or attempt to gain unauthorized access to any part of the Services, including the Accounts of other Members (such through the use of bots or other automations as well as the unauthorized use of legitimate Member credentials); (ii) interfere with, disrupt, or damage our Services or attempt to do the same by posting viruses, instigating a denial of service attack, or spamming other Members; (iii) attempt to gain access to or tamper with non-public areas of the Services, our computer systems, and any technical delivery systems of our providers; (iv) attempt to prove, scan, or test the vulnerability of our systems, networks, or Services, or breach any security or authentication measure; (v) conduct facial recognition or other biometric analysis of the Member Contributions posted on Church.org; (vi) You shall not use this Service for any illegal purpose or for the transmission of any unlawful material or material that is harmful, harassing, abusive, libelous, racially or ethnically offensive, invasive of another’s privacy, vulgar, threatening, obscene, sexually explicit, tortious, defamatory, or that infringes or may infringe on the intellectual property or rights of another, or in a reasonable person’s view objectionable; directly or indirectly interfere, or attempt to interfere with the proper working of these Services or system integrities or securities; interference of any account, or any communication or transaction being conducted on this Service; use any robot, spider, other automatic device, or manual process to monitor or access or copy our web pages or any content without our prior expressed written permission; take any action which imposes an unreasonable or disproportionately large load on our infrastructure; post, upload, transmit, submit, email or make available by any other means any data or content protected under any law or contractual relationship that you do not have the right to distribute; conduct fraud, represent yourself as someone else or hide or attempt to hide your identity; and interfere or attempt to interfere with the proper working of these Services. 

You may not use the Services to solicit, advertise for, or contact in any form, Members for any purpose not related to the Services. You may not use the Services to collect the contact information or other personal information of Members, by electronic means or otherwise, without our prior written consent.

  • DISPUTE RESOLUTION- WAIVER OF CLAIMS. If you have a dispute with another Member or Administrative Member, we hope that you will be able to work it out amicably. However, if you can’t, please understand that we not responsible for the actions of our Members or Administrative Members. Each of our Members is solely responsible for their own actions and behavior.  Accordingly, you agree that Church.org has no responsibility for the conduct of Members, Administrative Members or other third parties and, to the maximum extent permitted by applicable law, you hereby release us from losses, liabilities, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes involving you and other Members or Administrative Members. 


  • MEMBER INTERACTIONS.  We do not run background checks on, interview, monitor, direct or supervise Members.  We are not a representative, or agent of or for you or any other Member using these Services or services/offers provided by third parties through these Services.  You are solely responsible for your own actions and activities on the Services. We do not own, sell or endorse any of the products or services posted or listed by Members or third parties on the Services. We do not process payments related to any transaction between Members on the Services or third party offers provided to Members through the Services. Members are not independent contractors, employees, joint venturers, franchisees, or service providers to or for us. Use of these Services does not make us an employer, placement agency, representative, or agent of or for you or any other Member or third party service provider, and you acknowledge and agree that no such relationship is intended or created by these Terms or your use of these Services.


  • CHURCH.ORG INTERACTIONS AS A PLATFORM.  We are not a party to Member interactions, or disputes between Members.  We may, in our discretion, help facilitate the resolution of disputes but we have no control over and do not guarantee (i) the existence, quality, safety, or legality of any goods or services listed by Members or offers provided by third parties on the Services; (ii) the truth or accuracy of Member Contributions or Church Listings; (iii) the ability of Members to sell or pay for goods or services offered by third parties; (iv) that Members who choose to contract with one another will actually complete the transaction, or (v) the integrity, responsibility, or actions of any Members. we reserve the right to remove any Member’s listing on the Services for any reason or no reason, at any time, with or without notice. When interacting with other Members you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER CHURCH.ORG NOR OUR AFFILIATES ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER OF THE SERVICES. CHURCH.ORG AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THESE SERVICES.


  • COMMUNICATIONS. You will automatically receive notifications from Church.org related to your use of and interactions with the Services within your Account, to the email address to which your Account is linked, and on your device or browser. You may also receive these notices when you log into your Account. You can change your preferences about how you receive communications within your Member Account. 

You may be able to use our Services to send individuals who are not Members an invite, such as by post mail, email, or text message, to register for the Services (“Invites”). You acknowledge that these Invites, which we may help to facilitate through our Services, are sent by you and not by Church.org. 

When you register or signup on Church.org you agree to receive text messages and we will provide a text message service for Members with notifications relevant to their church, membership, or other Services, such as member benefit offers. We do not charge for our text notifications, but your carrier may charge you for such messages.  Text STOP to unsubscribe from these services. For additional information please review our Mobile Terms. 

  • THIRD-PARTY OFFERS. Our Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us.  If you click on links within the Website or as part of the Services, they may redirect you to a site that we do not own or control without notice. We don’t endorse or assume any responsibility for any such third-party websites, information, materials, products, or services. You agree that we have no liability arising from your use of or access to any third-party website, service, or content. If you access any third-party website, advertisement, service, or other Content from us which redirects you to a third party site or offer, we encourage you to review their policies and terms. 


  • CHANGES TO OUR SERVICES. We reserve the right to change any information, feature or functions of our Services without prior notice. We may deny you access to the Services for any reason without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms, our policies, our legal rights or the legal rights of any third party or are otherwise inappropriate. We are not responsible for any errors or delays in providing the Services whether caused by errors in the registration information you provided by any technical problems in our system. 

 

  1. CHANGES TO THIS AGREEMENT. We reserve the right to make changes to this Agreement, if revisions are made you will be asked to acknowledge the new terms when logging into your account.  Any posted Privacy Policy, Terms of Use and any additional Terms related to these Services may be updated at any time and will be effective from the date of such posting without further notice to you. As such, by continuing use of these Services, you consent and acknowledge to those revised policies and terms.  

  • INDEMNIFICATION. You agree to indemnify and hold Church.org, LLC, its subsidiaries, affiliates, agents, shareholders, officers, service providers, contractors, vendors, and employees harmless from any claim or demand, liabilities, losses, damages and expenses including reasonable attorneys’ fees, made by any third party due to or arising out of your use of these Services, your Membership Contributions, your communications with other Members or Administrative Members,  the violation of this Agreement by you, or the infringement by you, or other Members or Administrative Members, of this Service using your computer, of any intellectual property or other right of any person, Member, Administrative Member, or entity. Church.org and its service providers assume no responsibility whatsoever for such content or actions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims and to not settle any claim without our prior written consent. You agree that the provisions of this section will survive any termination of your Account, the Terms, and/or your access to the Services.


  • NO WARRANTY. THE CONTENT AND ALL SERVICES ASSOCIATED WITH OUR SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES INCLUDING ANY LOAN YOU MAY CHOOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES AND ANY LOAN YOU ACCEPT. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT OF OUR SITE/SERVICES MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY COMMUNICTIONS BETWEEN MEMBERS, QUOTES OR OFFERS PROVIDED ON OR THROUGH OUR SERVICES. 

 

Except as expressly set forth herein, we are not responsible for any incorrect or inaccurate information or entry of information provided by Administrative Members for Church Listings, whether caused by a user or Administrative Member of our Services or by any of the equipment or programming associated with or utilized in connection with our Services or any Services provided on or through our site, or by any technical or human error which may occur in the processing of information received by us. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with our Services. We are not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at our site/services or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from use of our Services or Content. 

  • LIMITATION OF LIABILITY.  IN NO EVENT WILL WE, OUR PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR ACCOUNT (v) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SERVICES OR THE CONENT; AND (vi) WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

 

If you are a California resident, you hereby waive California Civil Code §1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.”

  • NO LIABILITY FOR MEMBER OR ADMINISTRATIVE MEMBER CONDUCT. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF MEMBERS, ADMINISTRATIVE MEMBERS OR OTHER USERS OF THE SERVICES. WE DO NOT MAKE ANY WARRANTY THAT PRODUCTS, OFFERS, GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING COMMUNICATIONS BETWEEN MEMBERS, THE QUALITY OF SUCH GOODS OR SERVICES, NOR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT MADE AVAILABLE BY THIRD PARTIES ON OR THROUGH THE SERVICES.


  • RELEASE . YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE CHURCH.ORG AND ITS AUTHORIZED SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.


  • ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. Review this section carefully. This arbitration provision limits your and our ability to litigate claims in court and you and us each agree to waive respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against us in any state or federal court. 

BY ACCESSING AND/OR USING ANY WEBSITE OR SERVICES OF CHURCH.ORG, YOU AGREE TO THESE TERMS AND CONDITIONS OF THIS ARBITRATION AGREEMENT. DO NOT USE OUR SERVICES OR SUBMIT ANY CONTACT INFORMATION IF YOU DO NOT AGREE TO THESE TERMS. 

You and we each agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Website, Services, or member benefit offers for any product or services sold, offered, or purchased through our Website shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claim is under $1000.00 and qualifies. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”). Claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets shall not be subject to this Agreement to Arbitrate.

 

Prohibition of Class and Representative Actions and Non-Individualized Relief 

YOU AND WE 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 US AGREE OTHERWISE, THE ARBITRATOR 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 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 OUR OTHER USERS. 

 

Arbitration Procedures- Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would. 

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable. 

 

The arbitration will be conducted by JAMS under its rules and procedures pertaining to Consumer-Related Disputes, as modified by this Agreement to Arbitrate. The arbitration shall be held in a mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in- person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise. 

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 

Costs of Arbitration- Payment of all filing, administration and arbitrator fees will be governed by JAMS rules, unless otherwise stated in this Agreement to Arbitrate. You may obtain these costs through JAMS website. 

 

Severability- With the exception of “Prohibition of Class and Representative Actions and Non-Individualized Relief”, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in this Agreement is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and any legal disputes section will continue to apply and that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the County of Arapahoe, state of Colorado. 

 

Changes to the Agreement to Arbitrate- Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. The change shall apply to all other disputes or claims governed by this arbitration provision that have arisen or may arise between you and us. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on our Services at least 3 days before the effective date of the changes and/or by email. 

 

THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.

 

  1. TERMINATION.  You may terminate this Agreement at any time by cancelling your Account and discontinuing your use of these Services. We may also terminate this Agreement by terminating your Account if you breach or violate any part of this Agreement or provisions in the Privacy Policy, or additional Terms you may no longer use this Service. We, in our sole discretion may, terminate, change, or suspend temporarily or permanently, your Account or any part of it at any time, for any reason, without notice to you and without any liability to you or any other person. You agree that all terminations for cause shall be made in our sole discretion and shall not be liable to you or any third party for any termination. 

  • COPYRIGHT AND TRADEMARK NOTICE. Our Services contains intellectual property owned by us and other parties. As between us and you, we are the sole owner of the Website it’s Services and all materials on or available through our Website and Services including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively “Website Content”). Except as otherwise specifically provided in this Agreement, you may not download or save a copy of the Website Content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the Website Content solely for your personal, non-commercial use or records, provided that our marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. 

Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of our Website Content unless you first obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property. Any unauthorized attempt to modify our Website, it’s Services, or Website Content, to overthrow or elude our security features, or to utilize our Website for other than its intended purposes is strictly prohibited. 

 

  1. Electronic Communications. When you access, use or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

 

  1. Additional Terms.  This Membership Agreement, our Privacy Policy, our Terms of Use and Mobile Terms and any other additional Terms and policies referenced herein, constitute the entire agreement between you and us with respect to our Services, and supersede any other agreements or understandings (oral or written), except that in the event of any conflict between this Membership Agreement and any additional Terms, this Membership Agreement shall control solely with regard to the Services Church.org offers.

 

Contact Information. If you have any comments or questions regarding this Membership Agreement, please email us at [email protected] or write to us with your specific instructions at: Church.org, LLC Attention: Member Services, 8156 S. Interport Blvd. Suite 1, Englewood, CO 80112.