REPRESENTATIONS AND WARRANTIES
You represent, warrant, and covenant that you will not upload, post, transmit, distribute, or otherwise publish through the website any materials which restrict or inhibit any other user from using and enjoying the website; are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; violate, plagiarize, or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; contain a virus or other harmful or potentially harmful component; contain any information advertising of any kind; and/or constitute or contain false or misleading indications of origin or statements of fact.
REGISTRATION FOR SERVICES
You will be required to provide information about you in order to register for, obtain access to, and use certain Services offered by PowerChurch Software. You agree that any such information shall be accurate. You will also be asked to choose a user name and password. You are entirely responsible for maintaining the security of your user name and password and agree not to disclose such to any third party. In the event that you subscribe to PowerChurch Software’s services involving subscription fees, you acknowledge and agree that you will be charged a monthly subscription fee in accordance with your subscription agreement. Your subscription will automatically terminate should you fail to pay as required. Your subscription may be terminated for failure to comply with the terms and conditions stated herein and/or in your subscription agreement. PowerChurch Software may terminate your subscription agreement for any reason following thirty (30) days’ notice. You may contact PowerChurch Software at (800) 486-1800 or (828) 665-1818 or firstname.lastname@example.org regarding renewal and/or termination of your subscription.
Use of the website requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply) and may require obtaining updates or upgrades from time to time. Because use of the website involves hardware, software, and Internet access, your ability to use such website may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
CHANGES TO THE SERVICES
PowerChurch Software reserves the right to modify, cease updating, cease operating, or cease offering the Services or any part thereof, either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, we may post on our website notice of such changes to the website. It is your responsibility to review our website for any such notices. You agree that PowerChurch Software shall not be liable to you or any third party for any modification or cessation of the Services.
TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works (hereinafter, “intellectual property”) appearing as part of the website and/or the Services are the property of PowerChurch Software. PowerChurch Software retains all rights with respect to any of their respective intellectual property appearing in the website. All contents of the website are: Copyright 2020 PowerChurch Software, Inc., all rights reserved.
THIRD PARTY WEBSITES
The website may provide links to third-party sites that are not under the control of PowerChurch Software, and PowerChurch Software is not responsible for any content on any linked site. If you access a third-party site through the website, then you do so at your own risk. PowerChurch Software provides links only as a convenience, and the inclusion of the link does not imply that PowerChurch Software endorses or accepts any responsibility for the content on those third-party sites.
LIMITATIONS ON USE
You will not reproduce, resell, or distribute the website for any purpose. You will not offer or use the website on a timeshare basis, use the website to generate income, or use the website for the development, production, or marketing of a service or product substantially similar to the website. You shall not engage in any activity or use the website in any manner that could damage, disable, overburden, impair, or otherwise interfere with or disrupt the website.
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT POWERCHURCH SOFTWARE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF POWERCHURCH SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) ANY CHANGES MADE TO THE SERVICES OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICES OR ANY PART THEREOF; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; AND (IV) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE. IN SUCH CASES, POWERCHURCH SOFTWARE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF POWERCHURCH SOFTWARE AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, AND MEMBERS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED $100.
In addition to any excuse provided by applicable law, PowerChurch Software shall be excused from liability related to the website arising from any event beyond PowerChurch Software’s reasonable control, whether or not foreseeable by either party, including but not limited to: war, fire, accident, adverse weather, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
You acknowledge that the website, or portion thereof, may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the website or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.