The Terms of Use constitute a legal agreement between you and PowerChurch Software, a North Carolina corporation which is the owner, operator, and provider of the Empower ChMS website, software, and related services (“Services”). Unless otherwise amended as set forth herein, the Terms of Use will be the complete and exclusive understanding and agreement between the parties governing your access to and use of the website and will supersede any oral or written proposal, agreement, or other communication between the parties, regarding your access to and use of the website.
By accepting the Terms of Use, you represent and warrant that you have reached the age of eighteen (18), are able to form legally binding contracts, and have the right, authority, and capacity to agree and abide by the Terms of Use.
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.
PowerChurch Software reserves the right, at any time, to modify, alter, or update the Terms of Use without prior notice. Modifications shall become effective immediately upon being posted on the Empower ChMS website. Your continued use of the website after amendments are posted constitutes an acknowledgement and acceptance of the Terms of Use and its modifications. Except as provided in this paragraph, the Terms of Use may not be amended. The Terms of Use operate to the fullest extent permissible by law. If any provision herein is unlawful, unenforceable, or void, that specific provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions.
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 info@powerchurch.com 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.
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, 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.
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.
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.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. POWERCHURCH SOFTWARE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, POWERCHURCH SOFTWARE MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, INCLUDING BUT NOT LIMITED TO SATISFYING REQUIREMENTS OF THE ACTIVITIES FOR WHICH YOU ARE USING THE SERVICES; (II) YOUR USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED, OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE WEBSITE OR SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POWERCHURCH SOFTWARE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
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.
To the fullest extent permitted under law, you agree to indemnify, defend, and hold harmless PowerChurch Software and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from your use of the website, your violation of the Terms of Use, or the infringement or violation by you or any other user of your account of any intellectual property or other right of any person or entity.
Click here or direct your web browser to https://empowerchms.com/Privacy to view a copy of PowerChurch Software’s current privacy policy (the “Privacy Policy”). By accessing or using the website, you expressly consent to the use and disclosure of your personally identifiable information as described in the then current Privacy Policy. Notwithstanding anything in the Privacy Policy, PowerChurch Software will have the right to collect, generate, extract, compile, synthesize, and analyze all data, information and other content resulting from or arising from your use of and access to the website. All such data, information, and other content will be solely owned by PowerChurch Software and may be used by PowerChurch Software for any lawful business purpose without a duty of accounting to you, provided that the data, information, and other content is used only in an aggregated form, without directly identifying you.
Neither the Terms of Use nor any of your rights or obligations hereunder may be assigned, transferred, or delegated by you in whole or in part, by operation of law or otherwise, without the prior written approval of PowerChurch Software. Any assignment, transfer, or delegation in derogation of the foregoing shall be null and void. PowerChurch Software may assign, transfer, or delegate the Terms of Use, any obligation or right hereunder, or any portion hereof at any time without notice to you.
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.
Any dispute arising out of or relating to these terms of use, or a breach thereof, shall be solely and exclusively determined by arbitration administered by the American Arbitration Association in accordance with its International Arbitration Rules. Any such arbitration shall take place exclusively in Buncombe County, North Carolina, and the language of the arbitration shall be English. The arbitration shall be conducted by a single arbitrator and the decision of the arbitrator shall be final, conclusive and binding on the parties. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. PowerChurch Software and you shall each pay one-half of the costs and expenses of any arbitration, and the substantially non-prevailing party, as determined by outcome of the arbitration, shall be liable for both parties’ attorneys’ fees and costs. You acknowledge that, without this provision, you would have had a right to litigate a dispute through a court before a jury or judge and that you have expressly and knowingly waived those rights, instead agreeing to resolve disputes through binding arbitration.
Failure by either party to exercise any of its rights under, or to enforce any provision of, the Terms of Use will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision.