Terms of Use

IMPORTANT

PLEASE READ THIS SUBSCRIPTION AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE WEB CHURCH CONNECT, (“WCC”) SOFTWARE. BY CLICKING ON THE “SUBMIT” BUTTON, AND/OR EXECUTING A SALES ORDER FORM INCORPORATING THIS AGREEMENT, AND/OR ACCESSING WCC’S PROPRIETARY INTERNET CHURCH MANAGEMENT SOLUTION (“THE SERVICE”), YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT (THE “TERMS”) AND AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

If you are signing up for the service on behalf of an organization (“Customer”), you represent that you are duly authorized to represent the organization and accept the terms and conditions of the agreement on behalf of Customer. By your acceptance, a binding contract is then formed between WCC and Customer in accordance with the terms and conditions of this Agreement. You personally agree not to commit or encourage any violation of the Agreement between WCC and Customer. If you are entering into this agreement on behalf of Customer, the term “you” in this agreement means Customer and all of its employees. If you are signing up for the Service on your own behalf, or if you are not authorized to represent the organization on whose behalf you purport to sign up, you agree that you are personally bound by this Agreement.

THIS AGREEMENT MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE AND TO THE SERVICE. YOU AGREE TO CHECK FOR UPDATES TO THIS AGREEMENT. BY USING THIS WEB SITE OR THE SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS WEB SITE OR THE SERVICE. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

THE FOLLOWING ARE THE TERMS AND CONDITIONS FOR ACCESS TO THIS WEB SITE AND USE OF THE SERVICE. BY LOGGING ONTO THE WEB SITE OR ACCESSING THE SERVICE THROUGH ANY INTERFACE, YOU ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.

Welcome

As part of the Service, WCC will provide you with use of the Service, including a browser interface and data encryption, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the WCC website incorporated by reference herein, including but not limited to WCC’s privacy and security policies and WCC’s Statement of Belief.

The service is offered in at least 9 payment tiers according to the average weekly attendance of your organization. Please see the WCC website for pricing differences.

I. Privacy Policy.

Your use of the Service is subject to WCC’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

II. Electronic Communications

Visiting www.webchurchconnect.com or sending emails to WCC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

III. Permitted Use.

• Under the terms and conditions of this Agreement, WCC agrees to provide to Customer and permitted users access to the Service hosted by WCC, and set up a private dedicated database for the exclusive use by Customer.
• The Service is to be used only by Customer and users authorized by Customer who are members of Customer. Customer will have the ability to assign user logins and passwords to selected individuals maintained in their dedicated church database. Customer will have full control over who is authorized to access/use this Service, provided that (i) Customer shall not authorize persons who are not members of Customer; and (ii) any password issued to an authorized user will be disabled when such person is no longer a member of Customer. Customer will inform WCC immediately of any actual or potential unauthorized use of a password.
• Customer will be able to assign administrator privileges on a user-by-user basis. All use of the Service is provided via the Internet through a standard Internet browser and/or email client. In order to use the Service, Customer and Customer authorized users (“Users”) are responsible, at their own expense, to acquire access to the Internet and to provide all equipment and software needed.
• You may not assign or otherwise transfer your account to any other person or entity.
• You acknowledge that WCC is not responsible for third party access to your account that results from theft or misappropriation of your account.
• WCC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use webchurchconnect.com only with permission of a parent or guardian.

IV. Choice/Opt-Out.

• WCC’s anti-spam policy tolerates only permission-based email. Recipients of email always have the opportunity to opt-out or change preferences via a link in the footer of all non-transactional email messages.
• Customer’s mailing lists must comply with the CAN-SPAM Act of 2003. For more information, visit: http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business
• In all emails sent by Customer using the Service, Customer agrees to include a clear and conspicuous explanation of how the recipient can opt out of getting email from Customer in the future. Customer also agrees to give a return email address or other easy way to allow people to communicate their opt-out choice to Customer. Customer shall process all opt-out requests within 10 business days.
• Customer acknowledges that WCC shall not be required to forward any information to Customer from a recipient who has opted-out of receiving emails from WCC or Customer.
• WCC follows an ANTI-SPAM policy for all of its communications protocols. This means that we do not condone UNSOLICITED TEXT MESSAGES; NOTIFICATIONS; ALERTS; OR ANY MESSAGES THAT YOU MAY RECEIVE FROM SOMEONE WHO SHOULD NOT HAVE YOUR MOBILE NUMBER. Please let us know about any abuse, including the sender ID, your Mobile Number (to be removed); the date and time you received it and the contents of the message. To report any abuse or violations of inappropriate use of our service, please contact us with your comments/complaints. Your report will be registered and the Client will be investigated for violations of our Anti-Spam Policy. The identity of any individual reporting abuse will be kept confidential.

V. Passwords and Account Security.

• You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service.
• Accordingly, you agree that you shall be solely responsible to WCC for all activities that occur under your account.
• If you become aware of any unauthorized use of your password or of your account, you agree to notify WCC immediately.
• We have an extensive custom firewall rule and large mod_security rulesets protecting our server. If we do experience something serious such as heavy flooding, we have our datacenter enable network level flood protection. Our server is located in one of the largest datacenters in the country at a high level secure facility with restricted access. All data is backed up daily, weekly, and monthly. Offsite backups are also done in a secure location in the unlikely event that prevents data access or recovery from the data center.
• Our other security methods and precautions are confidential.
• WCC is hosted on a SafeHarbor certified server.

VI. Customer Proprietary Data Rights.

• The data, information, or material (“Data”) submitted to the Service is for the exclusive use of Customer. WCC agrees not to use, distribute or disclose any of the Data except for disclosures required by law as set forth in Section VII below. WCC shall have the right to remove any Data that violates this Agreement (i) immediately, if required by law; (ii) immediately, if WCC believes the failure to do so could cause irreparable harm; or (iii) otherwise upon five (5) business day written notice to Customer. WCC shall back-up and deliver a copy of Data to Customer in connection with any removal. Customer agrees to evaluate and bear all risks associated with the use of any Data, including any reliance on the accuracy and usefulness of such Data. The obligations under this Section VI shall survive the termination of this Agreement.
• You agree that you will not upload or transmit any Data that infringes, misappropriates or violates any rights of any party.
• WCC has the right to remove any or all e-mail addresses which are deemed by intermediaries, including internet services providers, to be “spamming” addresses or addresses that otherwise degrade the performance of the application or create significant rejections or are otherwise not being used for bona fide church management purposes.
• Customer shall not allow anyone working on its behalf to (i) perform any technical security integrity review, penetration test, load test, denial-of-service simulation or vulnerability scan without WCC’s prior written consent, or (ii) attempt to access the data of another customer. Such prohibition includes a prohibition on employment of automatic emulation devices in connection with the Service.

VII. Text Alerts

A digital phone and service is required to use any Messaging Services. Messaging Services are not available on all rate plans. Users must be in their digital local calling area for service to work. Customers that activate service with a compatible phone and on a qualified calling plan will automatically have the ability to receive text messages. Customers are required to obtain an “opt-in” from their member’s to receive text messages. There is no charge to send text messages from the Database Service, however, members may be charged from their carriers. WCC is not responsible for any charges that accrue from a member’s carrier; the member is responsible for charges accrued from received text messages.

WCC is not responsible for the content of any messages sent or received by consumers.

WCC is under no obligation to monitor the information or content transmitted through Messaging Services. However, anyone using the Messaging Services agrees that WCC may monitor these messages periodically for reasonable business purposes, including but not limited to; (1) complying with any applicable laws, regulations or other governmental orders; and (2) operating the Services properly or protecting itself and its Users. WCC reserves the right to delete, reject, or eliminate in whole or in part any information available or transmitted through the Messaging Services that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions. Customers may elect to have messages blocked entirely. Blocking messages will disable the ability to send or receive text messages. User agrees not to violate any applicable law, regulation or rule. User agrees not to harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity. User agrees not to transmit any commercial, advertising or promotional materials, including without limitation, “spam”. User agrees not to transmit any material that infringes upon any third party’s copyright, trademark, patent or other intellectual property right. Any violation of these terms and conditions shall be deemed a material breach of User’s contract with WCC and may lead to termination of User’s contract, or suspension of User’s Messaging Services.

Functionality may depend on other carrier’s networks and phones. WCC does not guarantee message delivery, timeliness, or that Messaging Services will be available at all times. WCC is not responsible for messages that are lost or misdirected.

Messages that are sent to other carriers’ networks are subject to that carrier’s message delivery policy. Certain variables could affect delivery of text messages, including restrictions on the recipient’s account or unforeseen delays in another carrier’s text messaging platform.

Any customer no longer wishing to receive such messages may contact their church to remove them from text messaging or log in to their member portal on their WCC database and opt out.

WCC will revise and update these terms and conditions from time to time as we change existing services or add new services. If you have any questions about these terms and conditions please contact a customer service representative at (877) 225-3713.

VIII. WCC Account Information and Data.

WCC does not own or have any rights to any Data that Customer submits as a result of using this Service except that WCC may use aggregate general statistical data as set forth below. WCC will not monitor, edit, or disclose any information regarding Customer or Customer’s database without Customer’s express written permission except in accordance with this Agreement or as may be required by law. For example, WCC may be required to disclose Data to cooperate with regulators or law enforcement authorities to comply with a legal process such as a court order, subpoena, search warrant, or law enforcement request. In addition, WCC may review certain user registration and statistical information such as usage or user traffic patterns in summative form for internal planning purposes in operating the Service. WCC may access and modify Customer database in order to respond to service or technical problems when requested to do so by Customer, law enforcement officials or any third party claiming misappropriation or breach of privacy or data rights.

IX. WCC Proprietary Rights.

Customer acknowledges and agrees that the Service contains proprietary and confidential methods and information that are protected by applicable intellectual property and other laws. You are granted a non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these terms of use. As a condition of your use of the Service, you warrant to WCC that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Service, is the property of WCC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You agree that you will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Service or any software, documentation, or data related to the Service; remove any proprietary notices or labels from the Service; modify, translate, or create derivative works based on the Service; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service. WCC content is not for resale. Your use of the Service does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.

You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of WCC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of WCC or our licensors except as expressly authorized by these Terms.

X. API Terms.

Customers may access their data via an Application Program Interface (“API”). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms: (i) Customer expressly understands and agrees that WCC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if WCC has been advised of the possibility of such damages), resulting from Customer’s use of the API or third-party products that access data via the API. (ii) Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account’s access to the API. WCC, in its sole discretion, will determine abuse or excessive usage of the API. WCC will make a reasonable attempt via email to warn Customer prior to suspension. (iii) WCC reserves the right at any time to modify or discontinue, temporarily or permanently, Customer’s access to the API (or any part thereof) with or without notice.

WCC will provide the integration of a third-party payment gateway free of charge if Customer selects to use the preferred Authorize.net WCC reseller account. For all other third-party payment gateway requests there will be an additional charge to Customer which is dependent upon the complexity and length of time that is required to integrate the gateway.

Integration of any other third party services may come at an additional cost to the customer dependant on complexity and length of time, all third party integrations must be approved by WCC and compatible with WCC software.

XI. Availability of Service.

WCC will provide at least two business days advance e-mail notice of any scheduled downtime for backup, maintenance or updates. Additionally, WCC will make commercially reasonable efforts to ensure that the quality of the service we provide is of at least prevailing industry standards, and that access to the Service is available on a 24×7 basis. However, although WCC will use all reasonable efforts in good faith to avoid interruption of the Service, Customer acknowledges and agrees that access to the Service may be unavailable from time to time for any reason, including without limitation, interruption of major network connectivity, network and server outages, and backup and regular maintenance by WCC and any operators of our servers or interruptions of major network connectivity outside of WCC’s facilities. WCC is not responsible by downtime caused by problems with Customer network or connectivity, and DNS or browser caching.

XII. WCC Service Providers, Vendors and Business Partner Information Disclosure.

WCC employs third party companies to facilitate our services to Customer. These services may include, but are not limited to, file storage, encrypted backup services, web analytics, payment processing, email delivery, text messaging, hardware, or networking equipment. Customer agrees these third parties may have access to personal information insomuch as their services are employed by WCC.

XIII. Customer Assigned Administrators.

Customer will select a primary contact (“Super Admin”) to manage Customer’s use of the Service, to authorize users to access the Service, and to serve as the primary technical interface with WCC Customer Service Representatives.

XIV. Customer Support Services.

• WCC will provide quality technical support to Customer. Online training materials are available 24/7 to all Admin Users, providing that authorized access has been given to the Admin User(s) by their church’s Super Admin User or authorized representative. Additional support via the Support Ticket System will be available to the authorized church representative Admin User(s) for questions or information not addressed in the WCC Training Area. Responses to Support Tickets will typically occur within one (1) business day.
• Functionality Requests are to be submitted via the Support Ticket System. All approved functionality requests are provided free of charge, within reason. WCC reserves the right to deny a functionality request if felt that the functionality request is outside of the scope of what the church database software should provide, or for any other reason. All approved functionality requests will be completed within a reasonable timeframe, based upon priority level and the time required to complete the functionality.
• All Bug Reports, suspected or actual, are to be submitted and addressed exclusively via the Support Ticket System. Therefore, before Customer calls the WCC Customer Support phone line, a ticket must be open regarding the bug report, and efforts to resolve the issue documented in the ticket via the Support Ticket System must first be exhausted. The WCC Customer Support Representative reserves the right to require that the Ticket Number be provided by the Customer and that the Ticket Number provided have an “open” status before continuing with the call. WCC Customer Support Representatives may redirect the caller to the Support Ticket System, online training or educational materials, or to the authorized representative of the caller’s church.
• The WCC Customer Support Representative also reserves the right to require proper identification from the caller before providing phone support, such as, but not limited to, the Admin User’s Security Code, verifying that the caller is an authorized contact of the church.
• WCC Customer Support Representatives are the point of contact for all churches. WCC’s Customer Support Representatives are generally available to assist Customers Monday through Friday from 7:00 a.m. – 3:00 p.m., Pacific Standard Time.
• WCC does not allow direct contact between the WCC Developers and Customer.

XV. User Conduct.

Customer agrees to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with using this Service. Without limiting the foregoing, Customer agrees not to use the Service or information from the Service for any of the following:

• communication that violates any law, including illegal email solicitations, advertising, promotional materials, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages that are not in full compliance with applicable laws, including, if applicable, the laws of charitable solicitation applicable to any charity or fundraiser raising money for Customer;
• harvesting, collecting, gathering or assembling information or data regarding other users, including email addresses, without their consent;
• transmitting through or posting on the Service unlawful, immoral, libelous, abusive, harassing, tortuous, defamatory, threatening, harmful, invasive of another’s privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way;
• transmitting any material that may infringe the intellectual property rights or other proprietary rights of third parties, including trademark, copyright or right of publicity;
• transmitting any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs or cancel bots;
• interfering with or disrupting the integrity of any data or computer-based information or any servers or networks connected to the Service or violating the regulations, policies or procedures of such networks;
• attempting to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or,
• harassing or interfering with another user’s use and enjoyment of the Service. WCC, at its own discretion, may immediately disable your access to the Service or remove all or a portion of your Data, without refund, if WCC believes in its sole discretion that you have violated any of the policies listed above.

XVI. Representations and Warranties.

WCC represents and warrants that WCC will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with WCC’s online help documentation under normal use and circumstances.

1. WCC also warrants and represents that it will not share, rent, sell, or trade personal information (including email addresses) that identifies Customer or its authorized users to third parties, and will only provide information such as Customer’s name, address, and credit card number to businesses for credit verification and billing services, and to ensure that WCC receives proper payment for the Services, and to WCC service providers for the purpose of providing the Service.
2. WCC represents that it has implemented reasonable security measures to prevent the loss, misuse and alteration of the Confidential Information in its possession. WCC uses various security measures to protect the information it collects, as appropriate to the type of information, including encryption, firewalls and access controls. WCC has agreements in place with each of its service providers, vendors and business partners requiring such third party to protect any Confidential Information transferred to them by implementing industry-standard security measures at least as restrictive as WCC’s security measures.

XVII. Service Fees.

Customer agrees to pay all applicable fees as specified in Customer’s Service Agreement. Fees are payable in advance and are due the same day every month, depending upon the date of the initial payment.

• WCC reserves the right to disable your Account if you fail to make payment on your payment due date for the Service for which said payments are due. Payments will be considered past due if not received on the date the payment is due.
• All fees paid are not refundable.
• Within the first 12 months of the subscription activation, WCC agrees not to raise database fees. After the first year, WCC agrees not to raise database fees by more than 4% in any calendar year thereafter.
• Set up fees will only be waived on the basis of the customer providing church member data that matches the correct format provided by WCC in the Set up area or as determined by WCC. WCC will only offer one free upload for each area of the database, subsequent uploads to the same area may carry a fee. On the occasion it is deemed that WCC did not upload the member data correctly it will be on the discretion of WCC uploaded again free of charge.

XVIII. Renewal / Notice of Termination.

There are two types of agreements.

• 12-Month Commitment Monthly Contract. This contract is paid monthly with a 12-month commitment and will automatically renew after the 12 months has expired. A notice of 30 days must be given in writing via the support ticket system prior to the 12 month renewal date to prevent an automatic renewal payment. To do this you must login to your database, click on support and click on help so we can properly identify your church and properly identify an authorized admin making the request. There are no refunds and no cancellations before the 12 month contract is completed, if you wish to cease using WCC and receive an export of your database you may pay your contract out in full by paying off all remaining monthly payments outstanding in one lump sum. Note there is a one-time $199 activation fee for the 12 month lock in paid monthly. There are no refunds on this contract.
• Annual Up-front Payment Contract. There is a yearly contract available for those who choose to pay a year in advance at a discounted rate. The agreement would automatically renew after the 12-month period has expired. A notice of 30 days must be given in writing prior to the stopping of payment. To do this you must login to your database, click on support and click on help so we can properly identify your church and properly identify an authorized admin making the request. There are no refunds on this contract.

XIX. Non-Payment / Suspension of Service.

In addition to any other rights granted to WCC herein, WCC reserves the right to suspend or terminate this Agreement and Customer’s access to the Service if the account becomes delinquent (falls into arrears). If Customer or WCC initiates termination of this Agreement, Customer will be obligated to pay any balance due on the account computed in accordance with Section XVII above. Customer agrees that WCC may charge such unpaid fees to a credit card or otherwise bill Customer for such unpaid fees. WCC reserves the right to impose a reconnection fee in the event Customer is suspended and thereafter request access to the Service. In addition, after 21 days a late fee may be incurred of a minimum of $35 per month. If account is still unpaid after 30 days the account could then be submitted to a debt collection agency. The Customer will be responsible for any debt collection fees and late fees that are incurred. WCC reserves the right to impose a minimum $199 reconnection fee in the event Customer is suspended and thereafter request access to the Service.

XX. Termination for Cause.

Any unauthorized access, use, copying, disclosure, distribution, or sub-licensing by Customer or with Customer’s aid or consent of the Service or any related methods, techniques, or processes, except as permitted under this Agreement will be deemed a material breach of this Agreement. Additionally, any actions taken by Customer or its users in conflict with Section XVII will also be deemed a material breach of this Agreement. WCC in its sole discretion, within reason, may terminate or suspend the password, account or use of the Service if Customer or its Users materially breach this Agreement provided that WCC provides Customer a ten (10) day written notice and a fifteen (15) day period to cure any and all material breaches thereafter.

XXI. Termination of Service.

Customer agrees that upon termination pursuant to Sections XIX or XX above, Customer is responsible for downloading all files and information from the WCC database before their service termination date, thereafter, they will be barred any further access to the Service.

XXII. Disclaimer of Warranties.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WCC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

WCC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. WCC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WCC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

XXIII. Limitation of Liability.

IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WCC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, THE DELAY OR PERFORMANCE OF THE SERVICE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WCC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

XXIV. Indemnity.

Subject in all cases to the limitations set forth in Section XXIII (Limitation of Liability), the parties agree to the indemnity provisions set forth in subsections (a)-(d) below:

• Customer agrees to indemnify WCC and its officers, directors, subsidiaries, affiliates, successors, assigns and agents (collectively, the “WCC Indemnitees”), and defend and hold the WCC Indemnitees harmless from and against all liabilities, losses, damages, settlements, actions, claims, suits, penalties, fines or expenses (including, without limitation, reasonable attorneys’ fees and other expenses of litigation) incurred by any WCC Indemnitees relating to or arising from or occurring as a result of Customer’s use of the Service; Customer’s connection to the Service; Customer’s violation of this Agreement; or Customer’s violation of any proprietary or other rights of another, provided that: (i) the WCC Indemnitees notify Customer in writing of the claim within 30 days of notice of such claim; (ii) Customer has sole control of the defense and resolution of such claim; and, (iii) the WCC Indemnitees provide Customer with the reasonable assistance to perform Customer’s obligations under this Section. Customer will reimburse the WCC Indemnitees’ reasonable out-of-pocket expenses incurred in providing such assistance. Notwithstanding the foregoing, nothing herein shall be construed to require Customer to indemnify any of the WCC Indemnitees for a claim to the extent caused by or resulting from such WCC Indemnitees’ own negligence or willful misconduct.
• WCC shall indemnify Customer and its officers, directors, subsidiaries, affiliates, successors and assigns (collectively, the “Customer Indemnitees”), and defend and hold the Indemnitees harmless from and against all liabilities, losses, damages, settlements, actions, claims, suits, penalties, fines or expenses (including, without limitation, reasonable attorneys’ fees and other expenses of litigation) incurred by any Customer Indemnitees, relating to or arising from or occurring as a result of infringement by the WCC Service of any patent, copyright, trademark, trade secrets or other intellectual property rights of a third party; or WCC’s violation of this Agreement, provided that: (i) Customer Indemnitees notify WCC in writing of the claim within 30 days of notice of such claim; (ii) WCC has sole control of the defense and resolution of such claim; and, (iii) Customer Indemnitees provide WCC with the reasonable assistance to perform WCC’s obligations under this Section. WCC will reimburse Customer Indemnitees’ reasonable out-of-pocket expenses incurred in providing such assistance. Notwithstanding the foregoing, nothing herein shall be construed to require WCC to indemnify any of the Customer Indemnitees for a claim to the extent caused by or resulting from such Customer Indemnitees’ own negligence or willful misconduct.
• Each party shall also indemnify, defend and hold the other party and its respective Indemnitees (as defined in (a) and (b) above) free and harmless from and against any and all claims, demands, actions, causes of action, lawsuits, judgments, costs, expenses and other liabilities of every nature, including attorneys’ fees, arising from the breach or inaccuracy of any of the indemnifying party’s representations or warranties contained in this Agreement.
• Neither WCC nor the Customer shall be obligated to indemnify the other party in any manner whatsoever for the other party’s negligence or willful misconduct.
• The foregoing indemnification provisions shall survive the termination of this Agreement.

XXV. Nondisclosure.

By virtue of this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). The parties agree not to make each other’s Confidential Information available in any form to any third party or to use each other’s Confidential Information for any purpose other than the implementation of the Agreement. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the provision of this Agreement.

XXVI. International Users

The Service is controlled, operated and administered by WCC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the WCC Content accessed through www.webchurchconnect.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

XXVII. Third Party Accounts

You will be able to connect your WCC account to third party accounts. By connecting your WCC account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

XXVIII. Links to Third Party Sites/Third Party Services

The Service may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of WCC and WCC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. WCC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WCC of the site or any association with its operators. By using any product, service or functionality originating from the www.webchurchconnect.com domain, you hereby acknowledge and consent that WCC may share such information and data with any third party with whom WCC has a contractual relationship to provide the requested product, service or functionality on behalf of www.webchurchconnect.com and customers.

XXIX. Governing Law and Jurisdiction.

To the maximum extent permitted by law, this Agreement is governed by the laws of the State of California, without regard to its conflict of law provisions and shall be deemed to be executed in San Diego, California. Customer hereby consents to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

XXX. Notices.

Notices to Customer shall be made by e-mail to a designated account reference. Notice to WCC shall be sent e-mailed or faxed to:

Web Church Connect
5838 Edison Place, Suite 110

Carlsbad, CA 92008

E-mail: info@webchurchconnect.com

Telephone: (877) 225-3713

XXXI. Biblical Mediation/Arbitration of Disputes

Any claim or dispute arising from or related to this Agreement, including claims under federal, state, and local statutory or common law, the law of contract, and law of tort, shall be settled by biblically based mediation. If the resolution of the dispute and reconciliation do not result from mediation, the matter shall then be submitted to an independent and objective arbitrator for binding arbitration. Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of this Agreement and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an arbitration decision.

The parties agree for the arbitration process to be conducted in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation, a division of Peacemaker® Ministries (the “Rules”) (complete text of the Rules is available at www.peacemaker.net). Consistent with these Rules, each party to the Agreement shall agree to the selection of the arbitrator. The parties agree that if there is an impasse in the selection of the arbitrator, the Institute for Christian Conciliation (hereafter referred to as the “ICC”), a division of Peacemaker Ministries of Billings, Montana (406-256-1583), shall be asked to provide the name of a qualified person who will serve in that capacity. Consistent with the Rules, the arbitrator shall issue a written opinion within a reasonable time.

The parties acknowledge that the resolving of conflicts requires time and financial resources. In an effort to fully encourage and implement a biblically faithful process, WCC agrees to pay all fees and expenses, which may be required by the mediator, case administrator, and / or arbitrator, related to such proceeding. The issue of final responsibility for such costs will be an agreed issue for consideration or determination in the mediation or arbitration. The parties agree they will endeavor to exchange information with each other and present the same at any mediation, or, if to arbitration pursuant to the ICC Rules, with the intent to minimize costs and delays to the parties. They will seek to cooperate with each other and may request the mediator, case administrator, and/or arbitrator to direct and guide the preparation process so as to reasonably limit the amount of fact-finding, investigation, and discovery by the parties to that which is reasonably necessary for the parties to understand each other’s issues and positions, and to prepare the matter for submission to the mediator and/or arbitrator to inform the mediator and/or arbitrator. In addition, the parties agree that in the event of arbitration, they will use a single arbitrator who is experienced in the relevant area of law and familiar with biblical principles of resolving conflict.

The parties to this contract agree that these methods shall be the sole remedy for any controversy or claim arising out of this Agreement and expressly waive their right to file a lawsuit against each other in any civil court for such disputes, including any class action proceeding, except to enforce a legally binding arbitration decision. The parties acknowledge that by waiving their legal rights to file a lawsuit to resolve any dispute between them, they are not waiving their right to employ legal counsel at their own expense to assist them in any phase of the process.

XXXII. Acceptance.

This Agreement becomes effective upon:

• acceptance of these terms by Customer as evidence by assent of the person accepting this Agreement or
• valid payment by Customer which constitutes an electronic signature
• acceptance by WCC as shown by an acceptance response or commencement of use of the Service.

XXXII. General.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and WCC as a result of this Agreement or use of the Service.

The Terms of Service do not limit any rights that WCC may have under trade secret, copyright, patent, trademark, or other laws.

WCC’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of WCC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by WCC with respect to such use.

The failure of WCC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions of the Agreement shall remain in full force and effect. The section titles in the Agreement are for convenience only and have no legal or contractual effect. The Agreement will inure to the benefit of WCC and its successors and assigns.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in any legal proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.

Some jurisdictions may not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages in certain circumstances. Accordingly, some of the above limitations may not apply. All representations, warranties, terms, disclaimers, and limitations in the Agreement shall survive the termination of Customer’s account or access to the Service.

XXXIV. Entire Agreement.

This Agreement constitutes the complete Agreement between the parties and, except as provided, supersedes all previous agreements or representations, written or oral, with respect to the Services described herein.

XXXV. Statement of Belief

We Believe that:

There is one God eternally existing in three persons: Father, Son, and Holy Spirit. Jesus Christ is the Son of God. Jesus Christ was conceived by the power of the Holy Spirit and born of the Virgin Mary. He led a sinless life and took on Himself all our sins by dying on the cross. He rose again and is seated at the right hand of the Father as our mediator and advocate.

The Bible is God’s Word, inspired by the Holy Spirit, and is authoritative on all matters on which it speaks. All people sin and fall short of the glory of God and will face eternal separation from God unless they come into a saving relationship with Jesus Christ. Salvation is a free gift from God that can only be received by faith in Jesus Christ. God works through the members of His church to evangelize the lost and teach believers to obey His commands.

XXXVI. Notice of Right to Refuse Service.

WWC reserves the right to deny access to or terminate the Service to those churches or ministries who, in its opinion, are in conflict with its Statement of Belief.

XXXVII. Change of Terms.

WCC reserves the right, in its sole discretion, to change the Terms under which the Service is offered. The most current version of the Terms will supersede all previous versions. WCC encourages you to periodically review the Terms to stay informed of our updates.

XXXVIII. Effective Date.

The effective date (“Effective Date”) for these Terms of Service is July 3, 2015.