About This Agreement, Our Services, And Your Rights
The Stewardship System services will be provided to you ("you," "your," or "Customer") on the terms and conditions set forth in this Agreement for Stewardship System Subscription Services (the "Agreement") by Church Development ("Church Development," "we," "us," or "our"). For purposes of this Agreement, "affiliate" means any entity that controls, is controlled by or is under common control with Church Development. Services may include, but are not limited to, monthly stewardship communication and education tools, stewardship training videos, annual stewardship campaign materials, stewardship committee agendas and tools (each a "Service" and collectively the "Services").
The terms and conditions in the "GENERAL TERMS AND CONDITIONS" section below are applicable to all Services unless otherwise indicated. By entering or using this site, you accept these terms and conditions.
PLEASE READ THIS DOCUMENT CAREFULLY AND PLEASE REREAD THE TERMS OF SERVICE, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
We may change our prices, fees, the Services, and/or the terms and conditions of this Agreement in the future. Unless this Agreement or applicable law specifies otherwise, we will give you thirty (30) days prior Notice of any significant change to this Agreement. If you find the change unacceptable, you have the right to cancel your Service. However, if you continue to receive Service after the end of the notice period (the "Effective Date") of the change, we will consider that you have accepted the changes. You may not modify this Agreement by making any typed, handwritten, or any other changes to it for any purpose.
Note: This Agreement contains a binding arbitration provision in Section 11 that affects your rights under this Agreement with respect to all Services.
General Terms And Conditions
1. Acceptance Of This Agreement
You will have accepted this Agreement and be bound by its terms if you use the Services or otherwise indicate your affirmative acceptance of such Services.
About the web Services Terms of Service and Stewardship System web Services
Within these web Services Terms of Service ("Terms") the term "Church Development" or "Church Development" will refer to The Church Development Fund, Inc., and their respective subsidiaries and affiliates that own and operate the Stewardship System and its website on their behalf. The term "you" refers to you as a user of the Stewardship System services described below.
What do these Terms cover?
These Terms set forth the terms and conditions through which Church Development will permit you to use these Church Development-owned and operated websites and services:
the websites http://www.stewardshipsytem.com/, http://www.church-development.com.
What is outside the scope of these Terms?
These Terms do not apply to your use of any other products or services provided by Church Development such as annual and capital stewardship campaign management or planned giving program management.
Some of the Stewardship System Services contain links to other websites, including websites of third parties who are acting on our behalf as our agents, suppliers, or providers. These other websites are not operated by Church Development and have their own terms of service that Church Development encourage you to read before you use them.
Accepting These Terms
In order for you to use any of the Stewardship System Services, you must first agree to abide by the Terms. You can accept these Terms by:
Checking the box next to "I have read and agree to the Terms of Service" (or similar language).
Before you continue to use the Stewardship System Services, you should print or save a local copy of the Terms for your records.
In order to use the Stewardship System Services you may be required to provide information about yourself (such as identification or contact details) as part of the registration process. You agree that any registration information you give to Church Development will be accurate, correct, and current.
You specifically agree not to: use the Stewardship System Services to undertake or accomplish any unlawful purpose, including but not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation; post, store, send, transmit, or disseminate the Stewardship System information or material in any way which a reasonable person could deem to be unlawful; upload, post, publish, transmit, reproduce, create derivative works of, or distribute the Stewardship System Services in any way, or other material that is protected by copyright or other proprietary right, without obtaining any required permission of the owner; send copies of the same or substantially similar Stewardship System content to other churches; initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme through the Stewardship System Services; register under the name of, nor attempt to use the Stewardship System Services under the name of, another person; allow another person to access the Stewardship System Services using your credentials; access (or attempt to access) the Stewardship System Services through any automated means (including use of scripts or web crawlers), except through APIs or other interfaces specifically provided for this purpose, or violate the instructions set out in any robots.txt or similar file present within the Stewardship System Services; engage in the systematic retrieval of data or other content from the Stewardship System website, except though APIs or other interfaces specifically provided for this purpose, to create or compile, directly or indirectly, a collection, compilation, database or directory, without Church Development’s prior written consent.
Your Passwords and Unauthorized Use of Your Account
You agree and understand that you are responsible for maintaining the confidentiality of the password(s) you use to access the Stewardship System Services. Accordingly, you agree that you will be solely responsible to Church Development for all activities that occur under your Stewardship System Services accounts, and will be responsible for any breach of these Terms caused by these activities. If you become aware of any unauthorized use of your password or of your account, you agree to notify Church Development immediately.
Privacy and Your Personal Information
Stewardship System Services agrees to not sell or distribute your contact information.
2. Fees, Charges, and
You agree to pay the then-current fees and charges for the Stewardship System Service upon receipt of an invoice (including any taxes or other fees or charges levied by a governmental agency).
Charges, Fees, and Taxes That You Must Pay. You agree to pay all charges associated with the Services, including, but not limited to, monthly service charges, one-time annual charges (in lieu of a monthly charge), applicable state, and local taxes (however designated) and any fees or payment obligations imposed by financial institutions charged to transact the sale or delivery of payment. We will provide you with notice and an effective date of any change in our prices or fees, unless the change in price is related to a change in governmental or quasi-governmental taxes, fees or assessments, in which case we may elect not to provide notice except where required by applicable law.
Services are provided to you on a month-to-month basis. You will generally be billed monthly, in advance, for recurring service charges.
For annual payment customers. If you pay a flat annual fee for your subscription, you will be billed upfront for the entire year’s (12 months) worth of services, and you will receive a 20% discount on the cost of the program.
Payment by Credit Card or Check. If you use a credit card to pay for the Services, that use is governed by the card issuer agreement for that card, and you must refer to that agreement for your rights and liabilities as a cardholder. If Church Development does not receive payment from your credit card issuer or its agents, you agree to pay all amounts due upon demand. If you make payment by check, you authorize Church Development to collect your check electronically. You agree that you may not amend or modify this Agreement with any restrictive endorsements (such as "paid in full"), releases, or other statements on or accompanying checks or other payments accepted by Church Development and that any such notations shall have no legal effect.
Our Remedies if You Pay Late or Fail to Pay
Late or Non-Payments: You may be billed fees, charges and assessments related to late payments or non-payments if for any reason (i) Church Development does not receive from you any required payment for the Services by the payment due date or (ii) you pay less than the full amount due for the Services.
Fees Not Considered Interest or Penalties: Church Development does not anticipate that you will fail to pay for the Services on a timely basis, and we do not extend credit to customers. Any fees, charges, and assessments due to late payment or nonpayment are not interest, credit service charges, or finance charges or penalties. Rather, they are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments. These costs will be difficult to calculate or to predict when we set such fees, charges, and assessments, because we cannot know in advance: (a) whether you will pay for the Services on a timely basis, if ever; (b) if you do pay late, when you will actually pay; and (c) what costs we will incur because of your late payment or non-payment.
Collection Costs: If we are required to use a collection agency or attorney to collect money owed by you, you agree to pay the reasonable costs of collection. These costs include but are not limited to any collection agency's fees, reasonable attorneys' fees, and arbitration or court costs.
Suspension/Cancellation: If you fail to pay the full amount due for any or all of the Services then Church Development, at its sole discretion in accordance with applicable law, may suspend or cancel any or all the Services you receive.
Renewed Subscription Fees and Related Charges. Should you wish to resume Service after any suspension, we may require you to pay a resubscription fee. Should you wish to reinstate any or all Services after termination or suspension for nonpayment, we may require you to pay a service charge and/or service activation fee. These fees are in addition to all past due charges and other fees. Resubscription of the Services is subject to our credit policies, this Agreement and applicable law.
Our Right to Make Credit Inquiries. YOU AUTHORIZE CHURCH DEVELOPMENT TO MAKE INQUIRIES AND TO RECEIVE INFORMATION ABOUT YOUR CREDIT EXPERIENCE FROM OTHERS, AND TO ENTER THIS INFORMATION IN YOUR FILE.
Your Responsibilities Concerning Billing Questions. Subject to applicable law, if you intend to dispute a charge or request a billing credit, you must contact Church Development within sixty (60) days of the date on the bill. You waive any disputes or credits that you do not report within sixty (60) days.
3. Changes To Services
Subject to applicable law, we have the right to change our Services, rates or charges, at any time with or without notice. We also may rearrange, delete, add to or otherwise change service features or offerings contained in the Services, including but not limited to, content, and functionality. If we do give you notice, it may be provided on your monthly bill, as a bill insert, or other communication permitted under applicable law. If you find a change in the Service(s) unacceptable, you have the right to cancel your Service(s). However, if you continue to receive Service(s) after the change, this will constitute your acceptance of the change. Please take the time to read any notices of changes to the Service(s).
4. Delivery of services
Stewardship System content will be provided via internet and through email communication. It is the sole responsibility of the customer to maintain ISP services and hardware and software that will enable you to access the services and your account with us. Church Development accepts no liability or responsibility for equipment that may be damaged during the use of our services.
5. Use Of Services
You agree that the Services will be used only by your church staff or members of your church for the purpose of promoting stewardship in your church, unless otherwise specifically authorized by us in writing. You agree and represent that you will not resell or permit another to resell the Services in whole or in part.
You acknowledge that you are accepting this Agreement on behalf of all persons who use the Stewardship System Services at your church and that you shall have sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this Agreement and any applicable Church Development policies including, but not limited to, acceptable use and privacy policies. You further acknowledge and agree that you shall be solely responsible for any transactions, including, without limitation, purchases made through or in connection with the Services.
6. Indemnification And Liability Of Customer
YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS CHURCH DEVELOPMENT AND ITS EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS AND CONTRACTORS AND SHALL REIMBURSE US FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND COSTS) INCURRED BY US IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS AND CAUSES OF ACTION ARISING OUT OF (i) YOUR USE OF THE SERVICE; (ii) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM YOUR USE OF THE SERVICE (iii) YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT.
This Agreement and the Services furnished hereunder may not be assigned by you. We may freely assign our rights and obligations under this Agreement with or without notice to you.
8. Termination Of This Agreement
Term. This Agreement will be in effect from the time that charges or a trial subscription commence until (i) it is terminated as provided for by this Agreement or by any addendum to this Agreement or (ii) it is replaced by a revised Agreement. The Terms apply to all users of the Stewardship System Services, including users receiving a three-month free trial. Except as described below, depending on whether you are a subscribed user or a temporary free user, you can discontinue your use of the Stewardship System Services at any time so that these Terms no longer apply to you. Any payment for the month in which you terminate your subscription will be retained by Church Development and no refund will be issued. You may terminate this Agreement for any reason at any time by notifying Church Development in one of three ways: (i) send a written notice to the postal address of Church Development’s business office; (ii) send an electronic notice to the e-mail address specified on www.stewardshipsystem.org website; or (iii) call our customer service line during normal business hours. Subject to applicable law, all applicable fees and charges will accrue until this Agreement has terminated. We will refund all prepaid monthly service fees charged for Services after the date of termination based on a prorated amount for services used (less any outstanding amounts due Church Development for the Services, or other applicable fees and charges).
Suspension and Termination by Church Development. Under the conditions listed below, Church Development reserves the right, subject to applicable law, to act immediately and without notice to terminate or suspend the Services. Church Development may take these actions if it: (i) determines that such use of our Services does not conform with the requirements set forth in this Agreement, (ii) determines that such use or information interferes with Church Development's ability to provide the Services to you or others, (iii) reasonably believes that such use or information may violate any laws, regulations, or written and electronic instructions for use, or (iv) reasonably believes that such use or information interferes with or endangers the health and/or safety of our personnel or third parties. Church Development's action or inaction under this Section shall not constitute review or approval of your or any other users' use of the Services or information transmitted by or to you or users.
Your Obligations upon Termination.
You agree that upon termination of this Agreement you will do the following:
You will immediately cease all use of the Services; You will pay in full for your use of the Services up to the date that this Agreement has been terminated and the Services are discontinued.
9. Limited Warranty
THE STEWARDSHIP SYSTEM SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CHURCH DEVELOPMENT NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS WARRANT THAT THE STEWARDSHIP SYSTEM SERVICES WILL GUARANTEE AN INCREASE IN GIVING AT YOUR CHURCH OR THE SERVICES WILL MEET YOUR REQUIREMENTS. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF PERFORMANCE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.
10. Limitation Of Church Development's Liability
Application. The limitations of liability set forth in this Section apply to any acts, omissions, and negligence of Church Development and its underlying third-party service providers, agents and suppliers (and their respective officers, employees, agents, contractors or representatives) which, but for that provision, would give rise to a cause of action in contract, tort or under any other legal doctrine.
Software. When you use certain features of the Services, such as online features (where available), you may require special software, applications, and/or access to the Internet, Church Development makes no representation or warranty that any software or application installed on Customer Equipment, downloaded from the Service, or available through the Internet does not contain a virus or other harmful feature. It is your sole responsibility to take appropriate precautions to protect any Customer Equipment from damage to its software, files, and data as a result of any such virus or other harmful feature. We may, but are not required to, terminate all or any portion of the distribution or operation of the Services if a virus or other harmful feature or software is found to be present on your Customer Equipment. We are not required to provide you with any assistance in removal of viruses. NEITHER CHURCH DEVELOPMENT NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY HARDWARE, SOFTWARE, FILES, OR DATA RESULTING FROM A VIRUS, ANY OTHER HARMFUL FEATURE, OR FROM ANY ATTEMPT TO REMOVE IT.
In addition, as part of the registration process for the online account and other components of the Service, system files on your Customer Equipment may be modified. Church Development does not represent, warrant or covenant that these modifications will not disrupt the normal operations of any Customer Equipment including without limitation your computer(s), or cause the loss of files. Church Development does not represent, warrant, or covenant that the installation of the special software or applications or access to our Web portal(s) will not cause the loss of files or disrupt the normal operations of any Customer Equipment, including but not limited to your computer(s). FOR THESE AND OTHER REASONS, YOU ACKNOWLEDGE AND UNDERSTAND THE IMPORTANCE OF BACKING UP ALL FILES TO ANOTHER STORAGE MECHANISM PRIOR TO SUCH ACTIVITIES. YOU UNDERSTAND AND ACCEPT THE RISKS IF YOU DECIDE NOT TO BACK UP FILES. NEITHER CHURCH DEVELOPMENT NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY SOFTWARE, FILES, OR DATA.
Third Parties. Notwithstanding anything to the contrary in this Agreement, you acknowledge and understand that we may use third parties to provide components of the Services, including without limitation their services or content. Church Development is not responsible for the performance (or non-performance) of third-party services, infrastructure or content, whether or not they constitute components of the Services. Church Development shall not be bound by any undertaking, representation or warranty made by an agent or employee of Church Development or of our underlying third-party providers and suppliers in connection with the registration, maintenance or provision of the Services, if that undertaking, representation or warranty is inconsistent with the terms of this Agreement. In addition, you understand that you will have access to the services and content of third parties through the Service(s), including without limitation that of content providers (whether or not accessible directly from the Service). Church Development is not responsible for any services, infrastructure and content that are not provided by us (even if they are components of the Service), and we shall have no liability with respect to such services, equipment, infrastructure and content. You should address questions or concerns relating to such services, equipment, infrastructure and content to the creators of such services, equipment, infrastructure and content.
We do not warrant any third-party products, services or content that are distributed or advertised over the Services.
Damages. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER CHURCH DEVELOPMENT NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO TORT OR CONTRACT) HAVE ANY LIABILITY TO THE CUSTOMER OR TO ANY OTHER PERSON OR ENTITY FOR THE FOLLOWING LOSSES, DAMAGES, OR COSTS: (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, PERSONAL INJURIES OR DEATH) THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH (a) YOUR RELIANCE ON OR USE OF THE STEWARDSHIP SYSTEM SERVICES OR (b) IMPLEMENTATION OR REMOVAL OF THE SERVICES (INCLUDING BUT NOT LIMITED TO ANY MISTAKES, OMISSIONS, INTERRUPTIONS, COMPUTER OR OTHER HARDWARE OR SOFTWARE BREACH, FAILURES OR MALFUNCTIONS, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION OR FAILURE OF PERFORMANCE OF THE SERVICE; OR (ii) ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES, LEGAL FEES, OR OTHER COSTS THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY ALLEGATION, CLAIM, SUIT, OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE STEWARDSHIP SYSTEM SERVICES BY YOUR CHURCH OR ANY OTHER PERSON OR ENTITY INFRINGES UPON THE CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
Customer's Sole Remedies. Your sole and exclusive remedies under this Agreement are as expressly set forth in this Agreement. Certain of the above limitations may not apply if your state does not allow the exclusion or limitation of implied warranties or does not allow the limitation or exclusion of incidental or consequential damages. In those states, the liability of Church Development and its employee, affiliates, suppliers, agents and contractors is limited to the maximum extent permitted by law.
Survival of Limitations. All representations, warranties, indemnifications, and limitations of liability contained in this Agreement shall survive the termination of this Agreement; any other obligations of the parties hereunder shall also survive, if they relate to the period before termination or if, by their terms, they would be expected to survive such termination.
11. Binding Arbitration
Purpose. If you have a Dispute (as defined below) with Church Development that cannot be resolved through the informal dispute resolution process described in this Agreement, you or Church Development may elect to arbitrate that Dispute in accordance with the terms of this Arbitration Provision rather than litigate the Dispute in court. Arbitration means you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury.
Definitions. As used in this Provision, the term "Dispute" means any dispute, claim or controversy between you and Church Development regarding any aspect of your relationship with Church Development that has accrued or may hereafter accrue, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Provision (with the exception of the enforceability of the class action waiver clause provided in paragraph F(2)). "Dispute" is to be given the broadest possible meaning that will be enforced. As used in this Provision, "Church Development" means The Church Development Fund, Inc., its officers, directors, employees and agents, and all entities using the brand name "Church Development" or “The Stewardship System”, including its employees, authorized agents, and its parents, subsidiaries and affiliated companies. As used in this Provision, the term "Arbitration Provision" means all the terms of this section.
Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY CHURCH DEVELOPMENT IN WRITING WITHIN 30 DAYS FROM THE DATE OF THE DISPUTE BY VISITING http://www.stewardshipsystem.org/?q=contact, OR BY MAIL TO CHURCH DEVELOPMENT, ATTN: LEGAL DEPARTMENT/ ARBITRATION, 3 W. 63rd ST, KASNAS CITY, MISSOURI, 64113. YOUR WRITTEN NOTIFICATION TO CHURCH DEVELOPMENT MUST INCLUDE YOUR NAME, ADDRESS AND STEWARDSHIP SYSTEM ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH CHURCH DEVELOPMENT THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH CHURCH DEVELOPMENT OR THE DELIVERY OF SERVICES TO YOU BY CHURCH DEVELOPMENT. IF YOU HAVE PREVIOUSLY NOTIFIED CHURCH DEVELOPMENT OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or Church Development elect to resolve your Dispute with Church Development through arbitration pursuant to this Arbitration Provision, the party initiating the arbitration proceeding may select from the following arbitration organizations, which will apply the appropriate rules for consumer claims to arbitrate the Dispute:
American Arbitration Association ("AAA"),
335 Madison Ave., Floor 10,
10017-4605, 1-800-778-7879, www.adr.org
National Arbitration Forum ("NAF"),
P.O. Box 50191,
55405-0191, 1-800-474-2371, www.arbitration-forum.com
Arbitration Procedures. Because the service provided to you by Church Development concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the service from Church Development may apply to and govern the substance of any Disputes. Any state statutes pertaining to arbitration, however, shall not be applicable under this Arbitration Provision.
If there is a conflict between this Arbitration Provision and the rules of the arbitration organization chosen, this Arbitration Provision shall govern. If the arbitration organization that you select will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your dispute with Church Development. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint a service that will enforce the Provision as written. If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
A single arbitrator will resolve the Dispute. You should know that participating in arbitration may result in limited discovery depending on the rules of the arbitration organization that is chosen to resolve the Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.
If an award granted by the arbitrator exceeds $25,000, either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization.
The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE (EXCEPT FOR BILLING DISPUTES WHICH ARE SUBJECT TO SECTION 2 OF THE AGREEMENT), OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED UNLESS THE STATUTE UNDER WHICH YOU ARE SUING PROVIDES OTHERWISE.
ALL PARTIES WAIVE ANY CLAIM TO INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES ARISING FROM OR OUT OF ANY DISPUTE WITH CHURCH DEVELOPMENT UNLESS THE STATUTE UNDER WHICH THEY ARE SUING PROVIDES OTHERWISE.
Location of Arbitration. The arbitration will take place at a location, convenient to you, in the area where you receive the service from us.
Payment of Arbitration Fees and Costs. CHURCH DEVELOPMENT WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR'S COSTS AND EXPENSES UPON YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN CHURCH DEVELOPMENT'S FAVOR, YOU SHALL REIMBURSE CHURCH DEVELOPMENT FOR THE FEES AND COSTS ADVANCED TO YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE CHURCH DEVELOPMENT FOR ANY OF THE FEES AND COSTS ADVANCED BY CHURCH DEVELOPMENT. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS' FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, CHURCH DEVELOPMENT WILL PAY ALL FEES AND COSTS WHICH IT IS REQUIRED BY LAW TO PAY.
Severability. If any clause within this Arbitration Provision (other than the class action waiver clause identified in paragraph F(2)) is found to be illegal or unenforceable, that clause will be severed from the Arbitration Provision, and the remainder of the Arbitration Provision will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Arbitration Provision will be unenforceable, and the dispute will be decided by a court.
In the event that this entire Arbitration Provision is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found by a court to be excluded from the scope of this Arbitration Provision, you and Church Development have each agreed to waive, to the fullest extent allowed by law, any trial by jury.
Continuation. This Arbitration Provision shall survive the termination of your service with Church Development.
12. Customer Privacy Notice And Security
Church Development will provide you with a copy of our customer privacy notice at the time we enter into an agreement to provide any Service to you, and annually afterwards, or as otherwise permitted by law. You can view the most current version of our privacy notice by going to www.stewardshipsystem.org. To the extent that Church Development is expressly required to do so by applicable law, we will provide notice to you of a breach of the security of certain personally identifiable information about you. It is Church Development's information security policy to provide such notice to you in the manner set forth in Section 14.
Entire Agreement. This Agreement and any other documents incorporated by reference constitute the entire agreement and understanding between the parties with respect to the subject matter of this Agreement, and they replace any and all prior written or verbal agreements. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. If Church Development fails to insist upon or enforce strict performance of any provision of this Agreement, it shall not thereby waive any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
Additional Representations and Warranties. In addition to representations and warranties you make elsewhere in this Agreement, you also represent and warrant that:
Age: You are at least 18 years of age.
Customer Information: During the term of this Agreement, you have provided and will provide to Church Development information that is accurate, complete and current, including without limitation your legal name, name of church using services, address of church, telephone number(s) of church, and payment data (including without limitation information provided when authorizing recurring payments). You agree to notify us promptly, in accordance with the terms of this Agreement, if there is any change in the information that you have provided to us. If you fail to provide and maintain accurate information, you will breach this Agreement.
Revocable License. The Stewardship System Services are protected by trademark, copyright, patent and/or other intellectual property laws and international treaty provisions. You are granted a revocable license to use the Stewardship System content (changes may be made to church bulletin inserts, annual campaign brochure and newsletters, banners and posters, and agendas only. No changes can be made to copyright protected newsletter articles) strictly in accordance with this Agreement. You acknowledge and understand that you are not granted any other license to use the Stewardship System content or tools. In addition, our Content providers want to remind you that you must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. The copying, downloading, stream capturing, reproduction, duplication, archiving, distribution, uploading, publication, modification, translation, broadcast, performance, display, sale, or transmission of the Content is strictly prohibited unless it is expressly permitted by Church Development in writing. You may transfer the Content into church-owned software applications for the sole purpose of posting the content in church publications; however, you may never distribute the Content materials to other organizations even if you intend to give away the derivative materials free of charge.
The bible verses listed may be translated into another version of the bible and you agree to accept all responsibility for making an accurate translation. Newsletter articles that contain a byline and copyright protection may not be modified or altered in any way.
Temporary Free Users
If you use any of the Stewardship System Services (or parts of those services) under a three-month free trial registration, you may discontinue use of those services at any time. Doing so will terminate the Terms. If you breach any provision of these Terms or other applicable policies, or for any other reason, Church Development reserves the right to restrict, suspend, or terminate your use of the Stewardship System Services and terminate the Terms. Church Development may take these actions with or without notice to you.
If you use any of the Stewardship System Services (or parts of those services) as a fully subscribed user, you may terminate your account at any time. Doing so will delete your account and, because you can no longer use the services associated with that account, terminate the Terms with respect to that service. If you breach any provision of these Terms or other applicable policies, or for any other reason, Church Development reserves the right to restrict, suspend, or terminate your subscription account for any or all of the Stewardship System Services and terminate the Terms. Church Development may take these actions with or without notice to you. Because registered users are known to us, Church Development will generally use reasonable efforts to give notice of these actions. Sections 8 through 11, 13, 16, 18 and 19 of these Terms will survive termination, and shall continue to apply indefinitely.
Protection of Church Development's Information and Marks
All Service information, documents, and materials on our Web sites are protected by trademark, copyright or other intellectual property laws. All Web sites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively "marks") of Church Development and its affiliates are and shall remain the exclusive property of Church Development. Nothing in this Agreement shall grant you the right or license to use any of the marks. Church Development(TM), Stewardship System (™), the Church Development design logo, the Stewardship System design logo, are all trademarks or service marks of Church Development Corporation or its subsidiaries. All other trademarks and service marks appearing on the Stewardship System Services site are the properties of their respective owners.
Retention of Rights. Nothing contained in this Agreement shall be construed to limit Church Development's rights and remedies available at law or in equity. Upon termination of this Agreement for any reason, Church Development and its suppliers reserve the right to delete all your data, files, electronic messages or other Customer information that is stored on Church Development's or its suppliers' servers or systems. In addition, you may forfeit your account user name.
14. Notice Method For Changes To This Agreement
We will provide you notice of changes to this Agreement consistent with applicable law. The notice may be provided on your monthly bill, as a bill insert, in a newspaper, by e-mail, or by other permitted communication. If you find the change unacceptable, you have the right to cancel your Services. However, if you continue to receive Services after the change, we will consider this your acceptance of the change.
Copyright. Title and intellectual property rights to the Stewardship System are owned by Church Development, its agents, suppliers, or affiliates or their licensors or otherwise by the owners of such material and are protected by copyright laws and treaties. You may not redistribute, resell or publish any part of The Stewardship System without express prior written consent from Church Development or other owner of such material. Appropriate numbers of copies of materials may be made for church use.
Church Development welcomes your feedback about the Stewardship System Services. Church Development asks that you limit your feedback to the Stewardship System Services. Any communications you send to Church Development or The Stewardship System are deemed to be submitted on a non-confidential basis and become the sole property of Church Development. Church Development may, at our sole discretion, reproduce, use, publish, modify, disclose, distribute, or otherwise use these communications in any way and for any purpose. All of these uses by Church Development shall be without liability or obligation of any kind to you. These uses may include, for example, use of the content of any of these communications, including any works, marks or names, ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose without any obligation to compensate the originator of the communications and without liability to that person.
16. Proprietary Rights
You acknowledge and agree that Church Development (or Church Development’s licensors) own all legal right, title, and interest in and to the Stewardship System Services, including any intellectual property rights which subsist in the Stewardship System Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Church Development, nothing in the Terms gives you a right to use any of Church Development’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features except as permitted by law. If you have been given an explicit right to use any of these brand features in a separate written agreement with Church Development, then you agree that your use of these features shall be in compliance with that agreement, any applicable provisions of the Terms, and Church Development’s brand feature use guidelines as updated from time to time. Unless you have been expressly authorized to do so in writing by Church Development, you agree that in using the Stewardship System Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of these marks, names, or logos.
17. Linking to the Church Development Sites
Church Development welcomes links to the homepages of the Church Development or Stewardship System websites. You are free to establish a hypertext link to these homepages so long as the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by Church Development or the Stewardship System. Church Development does not permit framing or inline linking to the Church Development Sites or any portions of them.
18. EXCLUSION OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE STEWARDSHIP SYSTEM SERVICES IS AT YOUR SOLE RISK. IF YOU RELY ON THE STEWARDSHIP SYSTEM SERVICES OR ANY MATERIAL AVAILABLE THROUGH THEM, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE STEWARDSHIP SYSTEM SERVICES. THE STEWARDSHIP SYSTEM SERVICES ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." CHURCH DEVELOPMENT AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE STEWARDSHIP SYSTEM SERVICES, NOR DO THEY GUARANTEE THAT THE STEWARDSHIP SYSTEM SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE STEWARDSHIP SYSTEM SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT SUBSCRIPTION TO THE STEWARDSHIP SYSTEM WILL NOT GUARANTEE AND INCREASE IN GIVING OR REVENUE AT YOUR CHURCH.
19. Copyright Infringement
Church Development is committed to complying with
copyright and related laws, and requires all users of the Stewardship System Services to comply with these laws. Accordingly, you agree to not use any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by
copyright law. If you are the owner of any copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on the Stewardship System Services, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the "DMCA") by sending Church Development's authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon Church Development's receipt of a satisfactory notice of claimed infringement, Church Development will respond expeditiously either directly or indirectly (i) to remove the allegedly infringing work(s) accessible through the Stewardship System Services or (ii) to disable access to the work(s). It is Church Development's policy in accordance with the DMCA and other applicable laws to reserve the right to terminate access to the Stewardship System Services (or any part of those services) for any user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who Church Development, in its sole discretion, believes is infringing these rights. Church Development may terminate access to the Stewardship System Services at any time with or without notice for any affected customer or user. If the affected user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to Church Development. Upon Church Development's receipt of a counter notification that satisfies the requirements of DMCA, Church Development will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that Church Development will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
Copyright owners may send Church Development a notification of claimed infringement to report alleged infringements of their works to:
W. 63rd ST
Any notification of claimed infringement must be in a form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Church Development, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
If a notification of claimed infringement has been filed against you, you can file a counter notification with Church Development's designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.
20. Other Sites
The Stewardship System Services website contains links to other sites. Some of these other sites may be co-branded with Church Development branding and may look like features of the Stewardship System Services, but these websites and resources are provided by companies or persons other than Church Development. Church Development does not control the terms of service or the privacy policies of these sites, and their terms and policies will govern your use of those sites and their use of any information you provide to them through those sites. You acknowledge and agree that Church Development is not responsible for the availability of any of these external sites or resources, and does not endorse any advertising, products or other materials on or available from these websites or resources. You acknowledge and agree that Church Development is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, these websites or resources.
Revised and Effective:
June 28, 2010