Terms of Service
Last Revised: June, 2020
Thank you for visiting us at summitchurch.com and/or are otherwise interacting
with our Service (defined below), which is owned and operated by The Summit
Church (“Summit,” “we,” “our,” or “us”). These Terms of
Service (“Terms”) govern your use of any of our online services (e.g.,
website or mobile app) where we have posted a link to these Terms (“Site”),
and also applies to all features, widgets, plug-ins, applications, content,
downloads and other opportunities we make available to you and other visitors
that we own and control and make available through the Site, and/or that post
or link to these Terms (collectively, the “Service”), regardless of how
you access or use it, whether via computer, mobile device or otherwise.
PLEASE READ THESE TERMS CAREFULLY. IT SETS
FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE. IF
YOU DO NOT AGREE TO THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO USE THE
SERVICE.
I.
ACCEPTANCE OF THESE TERMS
1.
By using the Service, you accept all of the provisions of these
Terms and any Additional Terms (defined below), and represent and warrant that
you are at least the age of majority in your jurisdiction (or are sixteen
(16) years of age or older and have your parent or
guardian’s consent to the Terms) and have the requisite power and authority and
all permissions necessary to enter into and be bound by these Terms, and you
acknowledge that you have read and understood, and agree to be bound by, these
Terms, and agree to comply with all applicable laws and regulations in
connection with your use of the Service.
2.
By using the Service, you acknowledge and accept the
Service’s Privacy Policy and
consent to the collection and use of your data in accordance with the Privacy Policy.
3.
By using the Service, you further agree that Summit may change,
alter, or modify the settings or configurations on your Device (defined below)
in order to allow for or optimize your use of the Service.
II.
INTERPRETATION
1.
In these Terms, we use the term “you” to refer to any user of
the Service. If you use the Service on behalf of a company, organization or
other entity, then “you” includes you and that entity; you represent and
warrant that you are an authorized representative of the entity with the
authority to bind the entity to these Terms and that you agree to these Terms
on the entity’s behalf; and you agree that your entity is legally and
financially responsible for your use of the Service as well as for the use of
your user account by others affiliated with your entity, including any
employees, agents or contractors.
III.
MODIFICATIONS OF THESE TERMS
We may, in our sole discretion, modify or revise these Terms of
use at any time by updating this page. You agree that we may notify you of
other terms by posting them on the Service (or in any other reasonable manner
of notice which we elect). If you continue to use the Service after any such
modification or revision, then you are bound by such modification or revision,
and you should therefore visit this page periodically to review these Terms. If
any modification or revision is not acceptable to you, you are not permitted to
continue using the Service.
IV.
ADDITIONAL TERMS
In some instances, both these Terms and separate guidelines,
rules, or terms of service setting forth additional or different terms and/or
conditions will apply to your use of a specific Service or to a service (e.g.
engaging in one of our Communities (as defined below) or product (e.g.
participating on a mission) offered via a specific Service (in each such
instance, and collectively “Additional Terms”). To the extent there is a
conflict between these Terms and any Additional Terms, the Additional Terms
will control unless the Additional Terms expressly state otherwise.
V.
SERVICE CONTENT, OWNERSHIP, LIMITED LICENSE, AND RIGHTS OF
OTHERS
1.
Content. The Service contains a variety of: (i)
materials and other items relating to Summit and its products and services, and similar items
from our licensors and other third parties, including all layout, information,
articles, posts, text, data, files, images, scripts, designs, graphics, button
icons, instructions, illustrations, photographs, audio clips, music, sounds,
pictures, videos, advertising copy, URLs, technology, software, interactive
features, the “look and feel” of the Service, and the compilation, assembly,
and arrangement of the materials of the Service and any and all copyrightable
material (including source and object code); (ii) trademarks, logos, trade
names, trade dress, service marks, and trade identities of various parties,
including those of Summit (collectively, “Trademarks”); and (iii) other
forms of intellectual property (all of the foregoing, collectively “Content”).
2.
Ownership. The Service (including past, present, and
future versions) and the Content are owned or controlled by Summit and our
licensors and certain other third parties. You acknowledge and agree that all
right, title, and interest in and to the Content available via the Service is
the property of Summit or our licensors or certain other third parties, and is
protected by local, state, federal and international copyright, trademark,
trade dress, patent and/or other intellectual property and unfair competition
rights and laws to the fullest extent possible, and you agree not to take any
action(s) inconsistent with such ownership interests. Summit owns the copyright
in the selection, compilation, assembly, arrangement, and enhancement of the
Content on the Service.
3.
Limited License. Subject to your strict
compliance with these Terms and the Additional Terms, Summit grants you a
limited, non-exclusive, revocable, non-assignable, personal, and
non-transferable license to (i) access and view the Content as displayed on the
Service on a personal computer, mobile phone or other wireless device, or other
Internet enabled device (each, a “Device”) for your personal,
non-commercial use only, and (ii) to use and modify certain Content that we may
from time to time make available on the Service explicitly for you for use and
integration as part of your User-Generated Content (defined below) (which types
of Content are referred to herein as “Summit Licensed Elements”), but
only for such purposes as may be explicitly stated at the time that the Summit
Licensed Elements are made available on the Service. We and our licensors and
certain other third parties, as the case may be, retain ownership of all
Content, including Summit Licensed Elements. The foregoing limited license (i)
does not give you any ownership of, or any other intellectual property interest
in, any Content, and (ii) may be immediately suspended or terminated for any
reason, in Summit’s sole discretion, and without advance notice or liability.
In some instances, we may permit you to have greater access to and use of
Content, subject to certain Additional Terms.
4.
Rights of Others. In using the Service, you must
respect the intellectual property and other rights of Summit and others. Your
unauthorized use of Content may violate copyright, trademark, privacy,
publicity, communications, and other laws, and any such use may result in your
personal liability, including potential criminal liability. Summit respects the
intellectual property rights of others. If you believe that your work has been
infringed by means of an improper posting or distribution of it via the
Service, then please see Section XII below.
5.
Your Data. For more information about how we may use
and share your technical data and related information, including your
User-Generated Content, please review the Privacy Policy.
VI.
ENROLLMENT AND PURCHASE / DONATION TERMS GENERAL
1.
Enrollment. We provide you with the opportunity to enroll
in and become a member of Summit, create a profile for use on our Site,
subscribe to certain forms of communication, and join one or more of our Communities
(collectively, “enroll”); provided, we may permit you to be enrolled:
(i) by telephone, (ii) at our Site, or (iii) by some other method we expressly
permit (collectively, the “Enrollment Process”).
2.
Purchase / Donation Terms. Whether you have a Profile or
not you may be able to purchase products and Services we offer. In addition,
with a Profile, you have the ability to make tax-deductible one-time or
subscription donations through our Online Giving platform on the Site, Text Giving, or if
you have a Profile by using the “Manage My Giving” functionality (each, a “Donation” or collectively, “Donations”).
In making a Donation, you will need to provide credit card or bank account details.
By submitting your credit card or bank account information to us, you hereby
agree that you authorize us or our third party payment processors to charge
your card or your bank account, as applicable, at our convenience. Should
your credit card or online check fail to authorize, you will be notified of
such failure via email. .
3.
Term and Termination. Your membership will commence
as of the date you enroll and will continue until such time as you request your
membership be cancelled. Summit will have the right, upon written notice to
you, to suspend your access to your Profile and any access made available
through the Site and any subscriptions, services, etc. that you participate in,
if: (a) you fail to meet the financial obligations you have made to Summit
under these Terms; and/or (b) you materially breach any term or condition of these
Terms. You agree that Summit will not be liable to you or any third party for
termination of your membership or access to the Service.
4.
By providing your payment method information in your Profile,
you are agreeing to pay for the services you have selected and Donations you
have agreed to make, and any applicable taxes and service fees, corresponding
to the date reflected on the Site (e.g. the frequency for fulfilment of any
Donation). You agree that we may change the pricing for any products and
services we offer by providing you with notice through an electronic
communication from us and you agree that all agreements, notices, disclosures,
and other communications that we provide to you electronically satisfy any
legal requirement that such communications be in writing. You consent to our
ability to change our pricing through an electronic communication to you. If
you do not wish to accept a new price change made by us for future product and
service offerings do not elect to make such future purchase.
5.
Cancelling Your Profile and Participation. You
have the right to remove your Profile and corresponding membership at any time
upon notice to Summit by contacting us at [î].
VII.
HOW TO FULFILL YOUR FINANCIAL COMMITMENTS
1.
Generally. Prior to the purchase of any products or
services or making of any Donation, you must provide us or our designated third
party payment processor, currently North American Bancard, LLC family, with
terms found at https://www.nabancard.com/, and
Process4Change, with terms found at https://process4change.com/
2.
Your Information. In connection with use of our
Services, including but not limited to making a Donation, you may be required to
provide us with the full and accurate personal or organizational information
that we require for the applicable services, which may include, without
limitation, your name, address, telephone number, email address, date of birth,
driver’s license number, or tax identification number, the last four digits of
your Social Security number, and other personal or organizational information
to verify your identity
3.
Minimum Age. To purchase any products or
Services, including subscribing as a member or to make any Donations, you must
be at least the age of majority in your jurisdiction (or be sixteen (16) years
of age or older and have your parent or guardian’s consent). You represent that
your access to or use of the Service does not violate applicable laws, and that
you agree with all of these Terms.
4.
Methods of Payment; Credit Card Terms; ACH Processing; and Taxes. All
payments must be made through your Visa, MasterCard, Discover, American Express,
ACH transfer or such other method(s) specifically identified and accepted via
the Service from time to time. Your card issuer agreement or bank govern your
use of your designated card or ACH transfer, and you must refer to that
agreement and not these Terms to determine your rights and liabilities as a
cardholder. You represent and warrant that you will not use any credit card or
other form of payment unless you have all necessary legal authorization to do
so. You, and not Summit, are responsible for paying any unauthorized amounts
billed to your credit card or bank by a third party. You agree to pay all
fees and charges incurred in connection with your purchases (including any
applicable taxes) at the rates in effect when the charges were incurred. If
Summit does not receive payment from your credit card issuer or its agent or
your bank if using ACH, you agree to pay all amounts due upon demand by Summit
or its agents. You are responsible for paying any taxes or charges imposed on
your purchases or Donations, including, but not limited to, sales, use or
value-added taxes. By agreeing to these Terms or continuing to make payments through
our Third Party Processors while using the Service, you agree to be bound by such
agreements as our Third Party Processors make from time to time. As a condition
of Summit enabling payment processing Further, at such time, if any, that we
provide you with the opportunity to access the Service and make payments within
the iOS or Android mobile app version of our Services by using Apple Pay or
Google Pay as applicable, your payment will be processed by Apple or its
service providers (in the case of Apple Pay) or Google or its service providers
(in the case of Google Pay). Your use of Apple Pay or Google Pay will be
subject to Apple or Google’s respective end user terms for their respective
payment processing services. Please note that DONATIONS AND
FEES FOR PRODUCTS AND SERVICES ARE NONREFUNDABLE. Modifications to
Pricing or Billing Terms. Summit reserves the right, at any time, to change
its prices and billing methods for products and services sold, effective
immediately upon posting on the Site.
VIII.
USER-GENERATED CONTENT
1.
General. Summit may now or in the future offer users
of the Service the opportunity to create, build, post, upload, display,
publish, distribute, transmit, broadcast, or otherwise make available on or
submit through the Service (collectively, “submit”) messages, avatars, text,
illustrations, files, images, graphics, photos, comments, responses, sounds,
music, videos, information, content, ratings, reviews, data, questions,
suggestions, personally identifiable information, or other information or
materials and the ideas contained therein (collectively, but excluding Summit Licensed
Elements included therein, “User-Generated Content”). Provided you set
up a Profile, Summit may allow you to do this through your Profile, forums,
blogs, message boards, social networking environments, content creation tools,
gameplay, social communities, contact us tools, email, text message, and other
communications functionality. Subject to the rights and license you grant in
these Terms, you retain whatever legally cognizable right, title, and interest
that you have in your User-Generated Content and you remain ultimately
responsible for it.
2.
Non-Confidentiality of Your User-Generated Content. Except
as otherwise described in the Service’s posted Privacy Policy or any
Additional Terms, you agree that (a) your User-Generated Content will be
treated as non-confidential regardless of whether you mark them “confidential,”
“proprietary,” or the like and will not be returned, and (b) Summit does not
assume any obligation of any kind to you or any third party with respect to
your User-Generated Content. Upon Summit’s request, you will furnish us with
any documentation necessary to substantiate the rights to such content and to
verify your compliance with these Terms or any Additional Terms. You
acknowledge that the Internet and mobile communications may be subject to
breaches of security and that you are aware that submissions of User-Generated
Content may not be secure, and you will consider this before submitting any
User-Generated Content and do so at your own risk. In your communications with
Summit, please keep in mind that we do not seek any unsolicited ideas or
materials for products or services, or even suggested improvements to products
or services, including, without limitation, ideas, concepts, inventions, or
designs for music, websites, apps, books, scripts, screenplays, motion pictures,
television shows, theatrical productions, software or otherwise (collectively,
“Unsolicited Feedback”). Any Unsolicited Feedback you post on or send to
us via the Service are deemed User-Generated Content and licensed to us as set
forth below. In addition, Summit retains all of the rights held by members of
the general public with regard to your Unsolicited Feedback. Summit’s receipt
of your Unsolicited Feedback is not an admission by Summit of their novelty,
priority, or originality, and it does not impair Summit’s right to contest
existing or future intellectual property rights relating to your Unsolicited
Feedback.
3.
License to Summit of Your User-Generated Content. Except
as otherwise described in any applicable Additional Terms (such as participation
in one of our Communities ), which specifically govern the submission of your
User-Generated Content, you hereby grant to Summit, and you agree to grant to
Summit, the non-exclusive, unrestricted, unconditional, unlimited, worldwide,
irrevocable, perpetual, and cost-free right and license to use, copy, record,
distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple
levels including to other users of the Service), display, publicly perform,
transmit, publish, broadcast, translate, make derivative works of, and
otherwise use and exploit in any manner whatsoever, all or any portion of your
User-Generated Content (and derivative works thereof), for any purpose
whatsoever in all formats, on or through any means or medium now known or
hereafter developed, and with any technology or devices now known or hereafter
developed, and to advertise, market, and promote the same. Without limitation,
the granted rights include the right to: (a) configure, host, index, cache,
archive, store, digitize, compress, optimize, modify, reformat, edit, adapt,
publish in searchable format, and remove such User-Generated Content and
combine same with other materials, and (b) use any ideas, concepts, know-how,
or techniques contained in any User-Generated Content for any purposes
whatsoever, including developing, producing, and marketing products and/or
services. You understand that in exercising such rights metadata, notices and
content may be removed or altered, including copyright management information,
and you consent thereto and represent and warrant you have all necessary
authority to do so. In order to further effect the rights and license that you
grant to Summit to your User-Generated Content, you also hereby grant to
Summit, and agree to grant to Summit, the unconditional, perpetual, irrevocable
right to use and exploit your name, persona, and likeness in connection with
any User-Generated Content, without any obligation or remuneration to you.
Except as prohibited by law, you hereby waive, and you agree to waive, any
moral rights (including attribution and integrity) that you may have in any
User-Generated Content, even if it is altered or changed in a manner not
agreeable to you. To the extent not waivable, you irrevocably agree not to
exercise such rights (if any) in a manner that interferes with any exercise of
the granted rights. You understand that you will not receive any fees, sums,
consideration, or remuneration for any of the rights granted in this Section VIII.3.
4.
Exclusive Right to Manage Our Service. Summit
may, but will not have any obligation to, review, monitor, display, post,
store, maintain, accept, or otherwise make use of, any of your User-Generated
Content, and Summit may, in its sole discretion, reject, delete, move,
re-format, remove or refuse to post or otherwise make use of User-Generated
Content without notice or any liability to you or any third party in connection
with our operation of User-Generated Content venues in an appropriate manner.
Without limitation, we may do so to address content that comes to our attention
that we believe is offensive, obscene, lewd, lascivious, filthy, violent,
harassing, threatening, abusive, illegal or otherwise objectionable or
inappropriate, or to enforce the rights of third parties or these Terms or any
applicable Additional Terms, including, without limitation, the content
restrictions set forth below in the Rules (as defined below). Such
User-Generated Content submitted by you or others need not be maintained on the
Service by us for any period of time and you will not have the right, once
submitted, to access, archive, maintain, or otherwise use such User-Generated
Content on the Service or elsewhere.
5.
Representations and Warranties Related to Your User-Generated
Content. Each time you submit any User-Generated Content, you represent
and warrant that you are at least the age of majority in the jurisdiction in
which you reside and are the parent or legal guardian, or have all proper
consents from the parent or legal guardian, of any minor who is depicted in or
contributed to any User-Generated Content you submit, and that, as to that
User-Generated Content, (a) you are the sole author and owner of the
intellectual property and other rights to the User-Generated Content, or you
have a lawful right to submit the User-Generated Content and grant Summit the
rights to it that you are granting by these Terms and any Additional Terms, all
without any Summit obligation to obtain consent of any third party and without
creating any obligation or liability of Summit; (b) the User-Generated Content
is accurate; (c) the User-Generated Content does not and, as to Summit’s
permitted uses and exploitation set forth in these Terms, will not infringe any
intellectual property or other right of any third party; and (d) the
User-Generated Content will not violate these Terms (including the Rules) or
any Additional Terms, or cause injury or harm to any person.
6.
Enforcement. Summit has no obligation to monitor or
enforce your intellectual property rights to your User-Generated Content, but
you grant us the right to protect and enforce our rights to your User-Generated
Content, including by bringing and controlling actions in your name and on your
behalf (at Summit’s cost and expense, to which you hereby consent and
irrevocably appoint Summit as your attorney-in-fact, with the power of
substitution and delegation, which appointment is coupled with an interest).
IX.
COMMUNITY USAGE RULES
1.
Rules. As a user of the Service, these Community Usage Rules (“Rules”)
are here to help you understand the conduct that is expected of members of the
Service’s online communities (“Communities”). Your participation in the
Communities is subject to all of the Terms, including these Rules:
a.
Your User-Generated Content. All of your
User-Generated Content either must be original with you or you must have all
necessary rights in it from third parties in order to permit you to comply with
these Terms and any Additional Terms. Your User-Generated Content may not
contain any visible logos, phrases, or trademarks that belong to third parties.
Do not use any User-Generated Content that belongs to other people and pass it
off as your own; this includes any content that you might have found elsewhere
on the Internet. If anyone contributes to your User-Generated Content or has
any rights to your User-Generated Content, or if anyone appears or is referred
to in the User-Generated Content, then you must also have their permission to
submit such User-Generated Content to Summit. (For example, if someone has
taken a picture of you and your friend, and you submit that photo to Summit as
your User-Generated Content, then you must obtain your friend’s and the
photographer’s permission to do so.)
b.
Act Appropriately. All of your Service activities
must be venue appropriate, as determined by us. Be respectful of others’
opinions and comments so we can continue to build Communities for everyone to
enjoy. If you think your User-Generated Content might offend someone or be
embarrassing to someone, then chances are it probably will and it doesn’t
belong on the Service. Expletives, cursing, and profanity as well as harassing,
stalking, insulting comments, personal attacks, gossip, and similar actions are
prohibited. Your User-Generated Content must not threaten, abuse, or harm
others, and it must not include any negative comments that are connected to
race, national origin, gender, sexual orientation, or physical handicap. Your
User-Generated Content must not be defamatory, slanderous, indecent, obscene,
pornographic, or sexually explicit.
c.
Do Not Use for Commercial or Political Purposes. Your
User-Generated Content must not advertise or promote a product or service not
endorsed by us or other commercial activity for profit, or a politician, public
servant, or law.
d.
Do Not Use for Inappropriate Purposes. Your
User-Generated Content must not promote any infringing, illegal, or other
similarly inappropriate activity.
e.
Be Honest and Do Not Misrepresent Yourself or Your User-Generated
Content. Do not impersonate any other person, user, or company, and do
not submit User-Generated Content that you believe may be false, fraudulent,
deceptive, inaccurate, or misleading, or that misrepresents your identity or
affiliation with a person or company.
f.
Others Can See. We hope that you will use the
Communities to exchange information and content and have venue appropriate
discussions with other members. However, please remember that the Communities
are public or semi-public and User-Generated Content that you submit on the
Service within a Community may be accessible and viewable by other users. When
using a completely open, public forum we make available do not submit
personally identifying information (e.g., first and last name together with password,
phone number, address, credit card number, medical information, email address,
or other personally identifiable information or contact information). When
engaging in semi-public forums you may be sharing portions of information we
let you know will be included from your Profile but take care when disclosing and
do not disclose other personally identifying information such as medical
information, social security number, credit card numbers, or any other
information that you would not want to be shared, etc.).
g.
Don’t Share Other Peoples’ Personal Information. Your participation
on our Site or User-Generated Content should not reveal another person’s
address, phone number, email address, Social Security number, credit card
number, medical information, financial information, or any other information
that may be used to track, contact, or impersonate that individual, unless, and
in the form and by the method, specifically requested by Summit.
h.
Don’t Damage the Service or Anyone’s Computers or Other Devices. Your
User-Generated Content must not submit viruses, Trojan horses, spyware, or any
other technologies or malicious code that could impact the operation of the
Service or any computer or other Device. If you submit User-Generated Content
that Summit reasonably believes violates these Rules, then we may take any
legally available action that we deem appropriate, in our sole discretion.
However, we are not obligated to take any action not required by law. We may
require, at any time, proof of the permissions referred to above in a form
acceptable to us. Failure to provide such proof may lead to, among other
things, the User-Generated Content in question being removed from the Service.
i.
Only Contact Other People Through the Service. You may
use our Service to communicate with your members/constituents/followers (“Members”)
in accordance with these Terms, our Privacy Policy, and all
applicable laws. All communication must occur through our Service. You may not
send any messages to our users that contain illegal, illicit, harassing,
harmful, inappropriate, or hateful content. You must honor all requests to
opt-out of receiving communications.
2.
Your Interactions with Other Users; Disputes. You are
solely responsible for your interaction with other users of the Service,
whether online or offline. We are not responsible or liable for the conduct or
content of any user. We reserve the right, but have no obligation, to monitor
or become involved in disputes between you and other users. Exercise common
sense and your best judgment in your interactions with others (e.g., when you
submit any personal or other information) and in all of your other online
activities.
3.
Alerting Us of Violations. If you discover any content
that violates these Terms, then you may report it to us at
legal@summitchurch.com. For alleged infringements of intellectual property
rights, see Section XII below.
X.
SERVICE AND CONTENT USE RESTRICTIONS
1.
Service Use Restrictions. You agree that you will not:
(i) use the Service for any political or commercial purpose (including, without
limitation, for purposes of advertising, soliciting funds, collecting product
prices, and selling products or services); (ii) use any meta tags or any other
“hidden text” utilizing any Trademarks; (iii) engage in any activities through
or in connection with the Service that seek to attempt to or do harm any
individuals or entities or are unlawful, offensive, obscene, lewd, lascivious,
filthy, violent, threatening, harassing, or abusive, or that violate any right
of any third party, or are otherwise objectionable to Summit; (iv) reverse
engineer, decompile, disassemble, reverse assemble, or modify any Service
source or object code or any software or other products, services, or processes
accessible through any portion of the Service; (v) engage in any activity that
interferes with a user’s access to the Service or the proper operation of the
Service, or otherwise causes harm to the Service, Summit, or other users of the
Service; (vi) interfere with or circumvent any security feature of the Service
or any feature that restricts or enforces limitations on use of or access to
the Service, the Content, or the User-Generated Content; (vii) harvest or
otherwise collect or store any information (including personally identifiable
information about other users of the Service, including email addresses,
without the express consent of such users); (viii) attempt to gain unauthorized
access to the Service, other computer systems or networks connected to the
Service, through password mining or any other means; or (ix) otherwise violate
these Terms or any Additional Terms.
2.
Content Use Restrictions. You also agree that, in using
the Service: (i) you will not monitor, gather, copy, or distribute the Content
(except as may be a result of standard search engine activity or use of a
standard browser (e.g. Chrome or Internet Explorer) on the Service by using any
robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device,
software, extraction tool, or any other automatic device, utility, or manual
process of any kind; (ii) you will not frame or utilize framing techniques to
enclose any such Content (including any images, text, or page layout); (iii)
you will keep intact all Trademark, copyright, and other intellectual property
notices contained in such Content; (iv) you will not use such Content in a
manner that suggests an unauthorized association with any of our or our
licensors’ products, services, or brands; (v) you will not make any modifications
to such Content (other than to the extent of your permitted use of the Summit
Licensed Elements, if applicable); (vi) you will not copy, modify, reproduce,
archive, sell, lease, rent, exchange, create derivative works from, publish by
hard copy or electronic means, publicly perform, display, disseminate,
distribute, broadcast, retransmit, circulate or transfer to any third party or
on any third-party application or website, or otherwise use or exploit such
Content in any way for any purpose except as specifically permitted by these
Terms or any Additional Terms or with the prior written consent of an officer
of Summit or, in the case of Content from a licensor, the owner of the Content;
and (vii) you will not insert any code or product to manipulate such Content in
any way that adversely affects any user experience.
3.
Availability of Service and Content. Summit
may immediately suspend or terminate the availability of the Service and
Content (and any elements and features of them), in whole or in part, for any
reason, in Summit’s sole discretion, and without advance notice or liability.
4.
Reservation of All Rights Not Granted as to Content and Service. These
Terms and any Additional Terms include only narrow, limited grants of rights to
Content and to use and access the Service. No right or license may be
construed, under any legal theory, by implication, estoppel, industry custom,
or otherwise. All rights not expressly granted to you are reserved by Summit
and its licensors and other third parties. Any unauthorized use of any Content
or the Service for any purpose is prohibited.
XI.
ACCOUNTS AND PROFILES
1.
Accounts. In order to access or use some of the
features on the Service (e.g. making a Donation, participating in one of our
Communities, etc.), you must first register through our online registration
process. The Service’s practices governing any resulting collection and use of
your personal information are disclosed in its Privacy Policy. If you
are under the age of sixteen (16), then you are not permitted to register as a
user, create a Profile or otherwise use the Service or submit personal
information to us. If you register for any feature that requires a password
and/or username, then you will select your own password at the time of
registration and you agree that: (i) you will not use a username (or email
address) that is already being used by someone else, may impersonate another
person, belongs to another person, violates the intellectual property or other
right of any person or entity, or is offensive (We may reject the use of any
password, username, or email address for any other reason in our sole
discretion); (ii) you will provide true, accurate, current, and complete
registration information about yourself in connection with the registration
process and, as permitted, to maintain and update it including on your Profile,
continuously and promptly to keep it accurate, current, and complete; (iii) you
are solely responsible for all activities that occur under your account,
password, and username whether or not you authorized the activity; (iv) you are
solely responsible for maintaining the confidentiality of your password and for
restricting access to your Device so that others may not access any password
protected portion of the Service using your name, username, or password; (v)
you will immediately notify us of any unauthorized use of your account,
password, or username, or any other breach of security; and (vi) you will not
sell, transfer, or assign your account or any account rights. We will not be
liable for any loss or damage (of any kind and under any legal theory) to you
or any third party arising from your inability or failure for any reason to
comply with any of the foregoing obligations. If any information that you
provide, or if we have reasonable grounds to suspect that any information that
you provide, is false, inaccurate, outdated, incomplete, or violates these
Terms, any Additional Terms, or any applicable law, then we may suspend or
terminate your account. We also reserve the more general and broad right to
terminate your account or suspend or otherwise deny you access to it by
discretion, for any reason, and without advance notice or liability.
2.
Profiles. Use of your Profile may not include any
form of prohibited User-Generated Content or of our Rules. Without limiting the
foregoing, a Profile may not include content that you are attempting to sell
through the Service, and cannot be used to conduct commercial activities,
including, but not limited to, transactions, advertising, contests or other
promotions absent our prior written consent. We may offer you the ability to
set preferences relating to your profile or Service activities, but settings
may not become effective immediately or be error free, and options may change
from time-to-time. We assume no responsibility or liability for users’ profile
material. A Profile may only be set up by an individual or an authorized
representative of the group, association or entity that is the subject of the
Profile. We do not review Profiles to
determine if they were created by an appropriate party, and we are not
responsible for any unauthorized Profile Pages that may appear on the Service.
If there is any dispute as to whether a Profile has been created or is being
maintained by an authorized representative of the individual, group,
association or entity that is the subject of that Profile, then we shall have
the sole right, but are not obligated, to resolve such dispute as we determine
is appropriate in our sole discretion. Such resolution may include, without
limitation, deleting or disabling access to the Profile, or any portion
thereof, at any time without notice.
XII.
DMCA COPYRIGHT AND OTHER INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.
1.
Procedure for Alleging Copyright Infringement DMCA Notice. Summit
will respond appropriately to notices of alleged copyright infringement that
comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set
forth below. If you own a copyright in a work (or represent such a copyright
owner) and believe that your (or such owner’s) copyright in that work has been
infringed by an improper posting or distribution of it via the Service, then
you may send us a written notice that includes all of the following: (i) a
legend or subject line that says: “DMCA Copyright Infringement Notice”; (ii) a
description of the copyrighted work that you claim has been infringed or, if
multiple copyrighted works are covered by a single notification, a
representative list of such works; (iii) a description of where the material
that you claim is infringing or is the subject of infringing activity is
located that is reasonably sufficient to permit us to locate the material
(please include the URL of the Service on which the material appears); (iv)
your full name, address, telephone number, and email address; (v) a statement
by you that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that all the
information in your notice is accurate, and that you are the copyright owner
(or, if you are not the copyright owner, then your statement must indicate that
you are authorized to act on the behalf of the owner of an exclusive right that
is allegedly infringed); and (vii) your electronic or physical signature.
Summit will only respond to DMCA Notices that it receives by mail, email, or
facsimile at the addresses below: By Mail: The Summit Church, ATTN: DMCA Agent,
2335 Presidential Drive, Suite 114, Durham, NC 27703 or by email:
DMCA@summitchurch.com. It is often difficult to determine if your copyright has
been infringed. Summit may elect to not respond to DMCA Notices that do not
substantially comply with all of the foregoing requirements, and Summit may
elect to remove allegedly infringing material that comes to its attention via
notices that do not substantially comply with the DMCA. Please note that the
DMCA provides that any person who knowingly materially misrepresents that
material or activity is infringing may be subject to liability. We may send the
information that you provide in your notice to the person who provided the
allegedly infringing work. That person may elect to send us a DMCA
Counter-Notification. Without limiting Summit’s other rights, Summit may, in
appropriate circumstances, terminate a repeat infringer’s access to the Service
and any other website owned or operated by Summit.
2.
Counter-Notification. If access on the Service to a
work that you submitted to Summit is disabled or the work is removed as a
result of a DMCA Notice, and if you believe that the disabled access or removal
is the result of mistake or misidentification, then you may send us a DMCA
Counter-Notification to the addresses above. Your DMCA Counter-Notification
must contain the following information: (i) a legend or subject line that says:
“DMCA Counter-Notification”; (ii) a description of the material that has been
removed or to which access has been disabled and the location at which the
material appeared before it was removed or access to it was disabled (please
include the URL of the Service from which the material was removed or access to
it disabled); (iii) a statement under penalty of perjury that you have a good
faith belief that the material was removed or disabled as a result of mistake
or misidentification of the material to be removed or disabled; (iv) your full
name, address, telephone number, email address, and the username of your
account; (v) a statement that you consent to the jurisdiction of the Federal
District Court for the judicial district in which your address is located (or,
if the address is located outside the U.S.A., to the jurisdiction of the United
States District Court for the Middle District of North Carolina), and that you
will accept service of process from the person who provided DMCA notification
to us or an agent of such person; and (vi) your electronic or physical
signature. Please note that the DMCA provides that any person who knowingly
materially misrepresents that material or activity was removed or disabled by
mistake or misidentification may be subject to liability. If we receive a DMCA
Counter-Notification, then we may replace the material that we removed (or stop
disabling access to it) in not less than ten (10) and not more than fourteen
(14) business days following receipt of the DMCA Counter-Notification. However,
we will not do this if we first receive notice at the addresses above that the
party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit
asking a court for an order restraining the person who provided the material
from engaging in infringing activity relating to the material on the Service.
You should also be aware that we may forward the Counter-Notification to the
party who sent us the DMCA Copyright Infringement Notice.
3.
Procedure for Alleging Infringement of Other Intellectual
Property. If you own intellectual property other than copyrights and
believe that your intellectual property has been infringed by an improper
posting or distribution of it via the Service, then you may send us a written
notice to the addresses set forth above that includes all of the following: (a)
a legend or subject line that says: “Intellectual Property Infringement
Notice”; (b) a description of the intellectual property that you claim has been
infringed; (c) a description of where the material that you claim is infringing
or is the subject of infringing activity is located that is reasonably
sufficient to permit us to locate the material (please include the URL of the
Service on which the material appears); (d) your full name, address, telephone
number, and email address; (e) a statement by you that you have a good faith
belief that use of the material in the manner complained of is not authorized
by the owner of the intellectual property, its agent, or the law; (f) a
statement by you, made under penalty of perjury, that all the information in
your notice is accurate, and that you are the owner of the intellectual
property at issue (or, if you are not the owner, then your statement must indicate
that you are authorized to act on the behalf of the owner of the intellectual
property that is allegedly infringed); and (g) your electronic or physical
signature. We will act on such notices in our sole discretion. Any user of the
Service that fails to respond satisfactorily to Summit with regard to any such
notice is subject to suspension or termination. We may send the information
that you provide in your notice to the person who provided the allegedly
infringing material.
XIII.
NOTICES, QUESTIONS AND CUSTOMER SERVICE
You agree that: (1) we may give you notices of new, revised or
changed terms and other important matters by prominently posting notice, or a
link to the notice, on our Site’s home page, another location we deem
appropriate; and (2) if you supplied us with a mobile number we may contact you
by push notification or text message to the phone number you supply to us. You
agree to promptly notify us if you change your phone number by updating your
profile pettings. All legal notices to us must be sent to
legal@summitchurch.com.
If you have a question regarding these Terms or the Service, you
may contact Summit by sending an email to legal@summitchurch.com, writing us at
The Summit Church.com, ATTN: Legal, 2335 Presidential Drive, Suite 114, Durham,
NC 27703. You acknowledge that the provision of any support by Summit is at
Summit’s sole discretion and that we have no obligation to provide you with
support of any kind, except to answer any questions you may have about these
Terms. We may provide you with customer support from time to time, at our sole
discretion, provided that you have created an account and that you submit your
customer support inquiries using such account.
XIV.
LINKS BY YOU TO THE SERVICE
We grant you a limited, non-exclusive, revocable,
non-assignable, personal, and non-transferable license to create hyperlinks to
the Service, so long as: (a) the links only incorporate text, and do not use
any Trademarks, (b) the links and the content on your website do not suggest
any affiliation with Summit or cause any other confusion, and (c) the links and
the content on your website do not portray Summit or its products or services
in a false, misleading, derogatory, or otherwise offensive matter, and do not
contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy,
violent, threatening, harassing, or abusive, or that violate any right of any
third party or are otherwise objectionable to Summit. Summit reserves the right
to suspend or prohibit linking to the Service for any reason, in its sole
discretion, without advance notice or any liability of any kind to you or any
third party.
XV.
THIRD-PARTY SITES
1.
Links to Third Party Sites. The Service may contain
third party plug-ins and/or applications, and/or links to third-party websites
that are not owned, controlled or operated by Summit, and the Service may also
include links to third-party ads on the Service or otherwise, to or from
third-party websites (collectively, “Third-Party Sites”), including
websites operated by advertisers, licensors, licensees, and certain other third
parties who may have business relationships with Summit. Summit may have no
control over the content, operations, policies, terms, or other elements of
Third-Party Sites, and Summit does not assume any obligation to review any
Third-Party Sites. Summit does not necessarily endorse, approve, or sponsor any
Third-Party Sites, or any third-party content, advertising, information,
materials, products, services, or other items. Furthermore, Summit is not
responsible for the quality or delivery of the products or services offered,
accessed, obtained by or advertised at such Third-Party Sites. Finally, Summit
will under no circumstances be liable for any direct, indirect, incidental or
special loss or other damage, whether arising from negligence, breach of
contract, defamation, infringement of copyright or other intellectual property
rights, caused by the exhibition, distribution or exploitation of any
information or content contained within these Third-Party Sites. Any activities
you engage in connection with any of the same are subject to the privacy and
other policies, terms and conditions of use and/or sale, and rules issued by
the operator of the Third-Party Sites. Summit disclaims all liability in
connection therewith.
2.
Dealings with Third Parties. Any interactions,
correspondence, transactions, and other dealings that you have with any third
parties found on or through the Service (including on or via Third-Party Sites
or advertisements) are solely between you and the third party (including issues
related to the content of third-party advertisements, payments, delivery of
goods, warranties (including product warranties), privacy and data security,
and the like). Summit disclaims all liability in connection therewith.
XVI.
WIRELESS AND LOCATION-BASED FEATURES
1.
Wireless Features. We offer or may offer you the
opportunity to access portions of the Service, including making a Donation or
participating in one of our Communities, via your wireless Device. These
features may also include the ability upload content to the Service, receive
messages from the Service, and download applications to your wireless Device
(collectively, “Wireless Features”). Standard messaging, data, and other
fees and charges may be charged by your carrier to participate in Wireless
Features. Your carrier may prohibit or restrict certain Wireless Features and
certain Wireless Features may be incompatible with your carrier or wireless
Device. You should check with your carrier to find out what plans are available
and how much they cost. Contact your carrier with questions regarding these
issues.
2.
Terms of Wireless Features. You agree that as to the
Wireless Features for which you are registered, we may send communications to
your wireless Device regarding us or other parties. Further, we may collect
information related to your use of the Wireless Features. If you have
registered via the Service for Wireless Features, then you agree to notify
Summit of any changes to your wireless contact information (including phone
number) and update your accounts on the Service to reflect the changes.
3.
Location-Based Features. If you have enabled GPS,
geo-location or other location-based features on any mobile app(s) or
feature(s), you acknowledge that your Device location will be tracked and may
be shared with others consistent with the Privacy Policy.
XVII.
DISPUTE RESOLUTION
1.
General. Certain portions of this Section XVII are
deemed to be a “written agreement to arbitrate” pursuant to the Federal
Arbitration Act. You and Summit agree that we intend that this Section XVII satisfies
the “writing” requirement of the Federal Arbitration Act. If you do not want to
arbitrate disputes with Summit and you are an individual, you may opt out of
this arbitration agreement by sending an email to legal@summitchurch.com within
thirty (30) days of the first of the Last Revised Date of these Terms or of the
date you first access or use the Service, whichever is later.
2.
First Try to Resolve Disputes and Intellectual Property Claims. If any
controversy, allegation, or claim arises out of or relates to the Service, the
Content, your User-Generated Content, these Terms, or any Additional Terms,
whether heretofore or hereafter arising (collectively, “Dispute”), or to
any of Summit’s actual or alleged intellectual property rights (an “Intellectual
Property Claim”, which includes those actions set forth in Section XVII.6),
then you and we agree to send a written notice to the other providing a
reasonable description of the Dispute or Intellectual Property Claim, along
with a proposed resolution of it. Our notice to you will be sent to you based
on the most recent contact information that you provide us. But if no such
information exists or if such information is not current, then we have no
obligation under this Section XVII.2. Your notice to us must be sent to:
Summitchurch.com, 2335 Presidential Drive, Suite 114, Durham, NC 27703. For a
period of sixty (60) days from the date of receipt of notice from the other
party, Summit and you will engage in a dialogue in order to attempt to resolve
the Dispute or Intellectual Property Claim, though nothing will require either
you or Summit to resolve the Dispute or Intellectual Property Claim on terms
with respect to which you and Summit, in each of our sole discretion, are not
comfortable.
3.
Forums for Alternative Dispute Resolution Arbitration. If we
cannot resolve a Dispute as set forth in Section XVII.2 within sixty (60) days
of receipt of the notice, then either you or we may submit the Dispute to
formal arbitration in accordance with this Section XVII.3. If we cannot resolve
an Intellectual Property Claim as set forth in Section XVII.2 within sixty (60)
days of receipt of the notice, then either you or we may submit the Intellectual
Property Claim to formal arbitration only if you and Summit consent, in a
writing signed by you and an officer or legal representative of Summit, to have
that Intellectual Property Claim subject to arbitration. In such a case, (and
only in such a case), that Intellectual Property Claim will be deemed a
“Dispute” for the remainder of this Section XVII.3. Upon expiration of the
applicable sixty (60) day period (the “Initial Dispute Expiration Date”)
and to the fullest extent permitted by applicable law, a Dispute will be
resolved solely by binding arbitration in accordance the binding arbitration
rules promulgated under the North Carolina Revised Uniform Arbitration Act (the
"Arbitration Act"). The decision of the arbitrator
shall be final and binding on all parties to that proceeding and a judgment
upon the arbitrator's award may be entered in any court having jurisdiction
thereof. The arbitration shall be held in Wake County, North Carolina.
Notwithstanding any provisions of the Arbitration Act to the contrary: (a) the
parties shall be entitled to conduct discovery as provided under the North
Carolina Rules of Civil Procedure so long as that discovery is concluded within
ninety (90) days of the Initial Dispute Expiration Date unless otherwise
ordered by the arbitrator; and (b) the arbitrator shall have the authority to
award injunctive relief and to impose sanctions under NCRCP Rule 37 and other
applicable rules. All Disputes relating to discovery which cannot immediately
be resolved by the parties shall be submitted to the arbitrator for an
expedited ruling. The arbitration shall be conducted by a single arbitrator
mutually acceptable to the parties, or, if the parties are unable to agree upon
a single arbitrator within twenty (20) days of the Initial Dispute Expiration
Date, then by a single arbitrator appointed by a Durham County Superior Court
Judge. Unless the arbitrator awards otherwise, the cost of the arbitration
shall be ratably borne by the parties to the proceeding. If it is determined
that the Arbitration Act does not apply then you agree, to the fullest extent
permitted by applicable law, then such Dispute will be resolved solely by
binding arbitration in accordance with the then-current Commercial Arbitration
Rules of the American Arbitration Association (“AAA”). If the Dispute
has a claimed value of not more than $250,000, then the arbitration will be
heard and determined by a single neutral arbitrator who is a retired judge or a
lawyer with not less than fifteen (15) years’ experience as a practicing member
of the bar in the substantive practice area related to the Dispute, who will
administer the proceedings in accordance with the AAA’s Supplementary
Procedures for Consumer Related Disputes. If the Dispute has a claimed value of
more than $250,000, or if Summit elects in its sole discretion to bear the
costs of arbitration in excess of those that would occur for a proceeding
before a single neutral arbitrator, then the arbitration will be heard and
determined by a three-member panel, with one member to be selected by each
party and the third (who will be chair of the panel) selected by the two
party-appointed members or by the AAA in accordance with the Commercial
Arbitration Rules. The arbitrator or arbitration panel, as the case may be,
will apply applicable law and the provisions of these Terms and any Additional
Terms, will determine any Dispute according to the applicable law and facts
based upon the record and no other basis, and will issue a reasoned award. You
can obtain AAA procedures, rules, and fee information at http://www.adr.org/).
4.
Nature, Limitations, and Location of Alternative Dispute
Resolution. The arbitrator, and not any federal, state, or local court,
will have exclusive authority to resolve any dispute relating to the
interpretation, applicability, unconscionability, arbitrability,
enforceability, or formation of this arbitration agreement, including any claim
that all or any part of this arbitration agreement is void or voidable.
However, the preceding sentence will not apply to Section XVII.8 below. In
arbitration, as with a court, the arbitrator must honor the terms of these
Terms (and any Additional Terms) and can award the prevailing party damages and
other relief (including attorneys’ fees). However, with arbitration (a)
there is no judge or jury, (b) the arbitration proceedings and arbitration
outcome are subject to certain confidentiality rules, and (c) judicial review
of the arbitration outcome is limited. All parties to the arbitration will
have the right, at their own expense, to be represented by an attorney or other
advocate of their choosing. If an in-person arbitration hearing is required in
any other location than Durham County, North Carolina, then it will be
conducted in the “metropolitan statistical area” (as defined by the U.S. Census
Bureau) where you are a resident at the time the Dispute is submitted to
arbitration. You and we will pay the administrative and arbitrator’s fees and
other costs in accordance with the applicable arbitration rules; but if
applicable arbitration rules or laws require Summit to pay a greater portion or
all of such fees and costs in order for this Section XVII to be enforceable,
then Summit will have the right to elect to pay the fees and costs and proceed
to arbitration, or to decline to do so and have the matter resolved through the
courts. Discovery will be permitted pursuant to the applicable arbitration
rules. The arbitrator’s decision must consist of a written statement stating
the disposition of each claim of the Dispute, and must provide a statement of
the essential findings and conclusions on which the decision and any award (if
any) is based. Judgment on the arbitration decision and award (if any) may be
entered in or by any court that has jurisdiction over the parties pursuant to
Section 9 of the Federal Arbitration Act.
5.
Limited Time to File Claims. To the
fullest extent permitted by applicable law, if you or we want to assert a
Dispute (but not an Intellectual Property Claim) against the other, then you or
we must commence it (by delivery of written notice as set forth in Section
XVII.2) within one (1) year after the dispute arises or it will be forever
barred.
6.
Injunctive Relief. The foregoing provisions of
this Section XVIII.2 will not apply to any legal action taken by Summit to seek
an injunction or other equitable relief in connection with, any loss, cost, or
damage (or any potential loss, cost, or damage) relating to the Service, any
Content, your User-Generated Content and/or Summit’s intellectual property
rights (including such Summit may claim that may be in dispute), Summit’s
operations, and/or Summit’s products or services.
7.
Small Claims Matters Are Excluded From Arbitration Requirement.
Notwithstanding the foregoing, either of us may bring qualifying claim of
Disputes (but not Intellectual Property Claims) in small claims court, subject
to Section XVII.9.
8.
No Class Action Matters. Any claim must be
brought in the respective party’s individual capacity, and not as a plaintiff
or class member in any purported class, collective, representative, multiple
plaintiff, or similar proceeding (“Class Action”). Each of us expressly waive
any ability to maintain any Class Action in any forum. But if, for any reason,
any court with competent jurisdiction or any arbitrator selected pursuant to
Section XVII.3 holds that this restriction is unconscionable or unenforceable,
then our agreement in Section XVII.3 to arbitrate will not apply and the
Dispute must be brought exclusively in court pursuant to Section XVII.9. The
parties understand that any right to litigate in court, to have a judge or jury
decide their case, or to be a party to a class or representative action, is
waived, and that any claims must be decided individually, through arbitration.
9.
Federal and State Courts in Durham, North Carolina. Except
to the extent that arbitration is required in Section XVII.3, and except as to
the enforcement of any arbitration decision or award, any action or proceeding
relating to any Dispute or Intellectual Property Claims may only be instituted
in state or federal court in Durham County, North Carolina. Accordingly, you
and Summit consent to the exclusive personal jurisdiction and venue of such
courts for such matters.
XVIII.
DISCLAIMER
Your access to and use of the Service is at your sole risk. The
Service is provided on an “as is”, “as available”, and “with all faults” basis.
Therefore, to the fullest extent permissible by law, Summit, Inc. and its
subsidiaries and each of their respective employees, directors, members,
managers, shareholders, agents, vendors, licensors, licensees, contractors,
customers, successors, and assigns (each, a “Summit Party” and collectively,
“Summit Parties”) hereby disclaim and make no representations,
warranties, endorsements, or promises, express or implied, as to: (a) the
Service (including the Content and the User-Generated Content); (b) the
functions, features, or any other elements on, or made accessible through, the
Service; (c) any memberships, membership packages, subscriptions, products,
services, or instructions offered or referenced at or linked through the
Service; (d) security associated with the transmission of your User-Generated
Content transmitted to Summit or via the Service; (e) whether the Service or
the servers that make the Service available are free from any harmful
components (including viruses, Trojan horses, and other technologies that could
adversely impact your Device); (f) whether the information (including any
instructions) on the Service is accurate, complete, correct, adequate, useful,
timely, or reliable; (g) whether any defects to or errors on the Service will
be repaired or corrected; (h) whether your access to the Service will be
uninterrupted; (i) whether the Service will be available at any particular time
or location; and (j) whether your use of the Service is lawful in any
particular jurisdiction. Except for any specific warranties provided herein
or in Additional Terms provided by a Summit Party, Summit Parties hereby
further disclaim all warranties, express or implied, including the warranties
of merchantability, fitness for a particular purpose, non-infringement or
misappropriation of intellectual property rights of third parties, title,
custom, trade, quiet enjoyment, system integration, and freedom from computer
virus. Some jurisdictions limit or do not allow the disclaimer of implied
or other warranties so the above disclaimers may not apply to the extent such
jurisdictions’ laws are applicable.
XIX.
LIMITATION ON LIABILITY
1.
Limitations of Our Liability. Under
no circumstances will any Summit Parties be responsible or liable for any loss
or damages of any kind, including personal injury or death or for
any direct, indirect, economic, exemplary, special, punitive, incidental, or
consequential losses or damages that are directly or indirectly related to: (a)
the Service (including, without limitation, the Content, User-Generated Content,
or your participation in any Communities); (b) your use of or inability to use
the Service, or the performance of the Service; (c) any action taken in
connection with an investigation by Summit Parties or law enforcement
authorities regarding your access to or use of the Service; (d) any action
taken in connection with copyright or other intellectual property owners or
other rights owners; (e) any errors or omissions in the Service’s technical
operation; or (f) any damage to any user’s computer, hardware, software, modem,
or other equipment or technology, including damage from any security breach or
from any virus, bugs, tampering, fraud, error, omission, interruption, defect,
delay in operation or transmission, computer line, or network failure or any
other technical or other malfunction, including losses or damages in the form
of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of
results, or equipment failure or malfunction. You understand that we monitor
your personal information within our network using certain proprietary
technologies and database information owned by or under license to us, but not
all transactions, including those that might entail the potentially fraudulent
use of your information, may be monitored and the scope of the network utilized
by us to monitor your personal information may change. The foregoing
limitations of liability will apply even if any of the foregoing events or
circumstances were foreseeable and even if Summit Parties were advised of or
should have known of the possibility of such losses or damages, regardless of
whether you bring an action based in contract, negligence, strict liability, or
tort (including whether caused, in whole or in part, by negligence, acts of
God, telecommunications failure, or destruction of the Service). Some jurisdictions
do not allow the exclusion or limitation of incidental or consequential damages
of the sort that are described above, so the above limitation or exclusion may
not apply to you.
2.
General Limitations on Liability. Except
as may be provided in any Additional Terms, to the fullest extent permitted by
applicable law, in no event will Summit Parties’ total liability to you, for
all possible damages, losses, and causes of action in connection with your
access to and use of the Service and your rights under these Terms, exceed an
amount equal to the amount you have paid Summit in connection with the action(s)
that underlie the claim(s); provided, however, this provision will not apply if
a tribunal with applicable jurisdiction finds such to be unconscionable. For
purposes of clarity, the prior sentence does not expand or limit any express,
written product warranty that is provided by Summit or a manufacturer of a
physical product.
3.
Waiver of Injunctive or Other Equitable Relief. If you
claim that you have incurred any loss, damages, or injuries in connection with
your use of the Service, then the losses, damages, and injuries will not be
irreparable or sufficient to entitle you to an injunction or to other equitable
relief of any kind. This means that, in connection with your claim, you agree
that you will not seek, and that you will not be permitted to obtain, any court
or other action that may interfere with or prevent the development or
exploitation of any website, application, Content, User-Generated Content,
product, Service, or intellectual property owned, licensed, used or controlled
by Summit (including your licensed User-Generated Content) or a licensor of
Summit.
XX.
GENERAL PROVISIONS
1.
Summit’s Consent or Approval. As to any provision in
these Terms or any Additional Terms that grants Summit a right of consent or
approval, or permits Summit to exercise a right in its “sole discretion,”
Summit may exercise that right in its sole and absolute discretion. No Summit
consent or approval may be deemed to have been granted by Summit without being
in writing and signed by an officer of Summit.
2.
Applicable Law. These Terms and any Additional
Terms will be governed by and construed in accordance with, and any Dispute and
Intellectual Property Claims will be resolved in accordance with, the laws of
the State of North Carolina (or the arbitration laws of the Arbitration or AAA
if applicable), without regard to its conflicts of law provisions.
3.
Indemnity. You agree to, and you hereby, defend,
indemnify, and hold Summit Parties harmless from and against any and all
claims, damages, losses, costs, investigations, liabilities, judgments, fines,
penalties, settlements, interest, and expenses (including attorneys’ fees) that
directly or indirectly arise from or are related to any claim, suit, action,
demand, or proceeding made or brought against any Summit Party, or on account
of the investigation, defense, or settlement thereof, arising out of or in
connection with, whether occurring heretofore or hereafter: (i) your User-Generated
Content; (ii) your use of the Service and your activities in connection with
the Service; (iii) your breach or alleged breach of these Terms or any
Additional Terms; (iv) your violation or alleged violation of any laws, rules,
regulations, codes, statutes, ordinances, or orders of any governmental or
quasi-governmental authorities in connection with your use of the Service or
your activities in connection with the Service; (v) information or material
transmitted through your Device, even if not submitted by you, that infringes,
violates, or misappropriates any copyright, trademark, trade secret, trade
dress, patent, publicity, privacy, or other right of any person or entity; (vi)
any misrepresentation made by you; and (vii) Summit Parties’ use of the information
that you submit to us (including your User-Generated Content) (all of the
foregoing, “Claims and Losses”). You will cooperate as fully required by
Summit Parties in the defense of any Claim and Losses. Notwithstanding the
foregoing, Summit Parties retain the exclusive right to settle, compromise, and
pay any and all Claims and Losses. Summit Parties reserve the right to assume
the exclusive defense and control of any Claims and Losses. You will not settle
any Claims and Losses without, in each instance, the prior written consent of
an officer of a Summit Party.
4.
Operation of Service; Availability of Products and Services;
International Issues. Summit controls and operates the Service from its U.S.-based
offices in the United States, and Summit makes no representation that the
Service is appropriate or available for use beyond the United States. If you
use the Service from other locations, you are doing so on your own initiative
and are responsible for compliance with applicable local laws regarding your
online conduct and acceptable content, if and to the extent local laws apply.
The Service may describe products and services that are available only in the United
States (or only parts of it) and are not available worldwide. We reserve the
right to limit the availability of the Service and/or the provision of any
content, program, product, service, or other feature described or available on
the Service to any person, entity, geographic area, or jurisdiction, at any
time and in our sole discretion, and to limit the quantities of any content,
program, product, service, or other feature that we provide. You and we disclaim
any application to these Terms of the Convention on Contracts for the
International Sale of Goods.
5.
Export Controls. Software related to or made
available by the Service may be subject to export controls of the United States.
No software from the Service may be downloaded, exported, or re-exported (i)
into (or to a national or resident of) any country or other jurisdiction to
which the United States has embargoed goods, software, technology or services
(which, as of the effective date of these Terms, includes Cuba, North Korea,
Iran, Sudan, and Syria), or (ii) to anyone on the U.S. Treasury Department’s
list of Specially Designated Nationals or the U.S. Commerce Department’s Table
of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce’s Bureau
of Industry and Security Entities List as published in the Export
Administration Regulations (including entities engaged in weapons of mass
destruction proliferation in various countries and persons and entities that
are suspected of diverting U.S. origin items to embargoed countries or
terrorist end-uses). You are responsible for complying with all trade
regulations and laws both foreign and domestic. Except as authorized by law,
you agree and warrant not to export or re-export the software to any county, or
to any person, entity, or end-user subject to U.S. export controls, including
as set forth in subsections (i)-(iii) above.
6.
Severability; Interpretation. If any provision of
these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful,
void, or unenforceable by a court or arbitrator of competent jurisdiction, then
that provision will be deemed severable from these Terms or the Additional
Terms, and the invalidity of the provision will not affect the validity or
enforceability of the remainder of these Terms or the Additional Terms (which
will remain in full force and effect). To the extent permitted by applicable
law, you agree to waive, and you hereby waive, any applicable statutory and
common law that may permit a contract to be construed against its drafter.
Wherever the word “including” is used in these Terms or any Additional Terms,
the word will be deemed to mean “including, without limitation.” The summaries
of provisions and section headings are provided for convenience only and shall
not limit the full Terms.
7.
Communications. When you communicate with us
electronically, such as via email and text message, you consent to receive
communications from us electronically. Please note that we are not obligated to
respond to inquiries that we receive. You agree that all agreements, notices,
disclosures, and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
8.
Investigations; Cooperation with Law Enforcement; Termination;
Survival. Summit reserves the right, without any limitation, to: (i)
investigate any suspected breaches of its Service security or its information
technology or other systems or networks, (ii) investigate any suspected
breaches of these Terms and any Additional Terms, (iii) investigate any
information obtained by Summit in accordance with its Privacy Policy in
connection with reviewing law enforcement databases or complying with criminal
laws, (iv) involve and cooperate with law enforcement authorities in
investigating any of the foregoing matters, (v) prosecute violators of these
Terms and any Additional Terms, and (vi) discontinue the Service, in whole or
in part, or, except as may be expressly set forth in any Additional Terms,
suspend or terminate your access to it, in whole or in part, including any user
accounts or registrations, at any time, without notice, for any reason and
without any obligation to you or any third party. Any suspension or termination
will not affect your obligations to Summit under these Terms or any Additional
Terms. Upon suspension or termination of your access to the Service, or upon
notice from Summit, all rights granted to you under these Terms or any Additional
Terms will cease immediately, and you agree that you will immediately
discontinue use of the Service. The provisions of these Terms and any
Additional Terms, which by their nature should survive your suspension or
termination will survive, including the rights and licenses you grant to Summit
in these Terms, as well as the indemnities, releases, disclaimers, and
limitations on liability and the provisions regarding jurisdiction, choice of
law, no class action, and mandatory arbitration.
9.
Assignment. Summit may assign its rights and
obligations under these Terms and any Additional Terms, in whole or in part, to
any party at any time without any notice. These Terms and any Additional Terms
may not be assigned by you, and you may not delegate your duties under them,
without the prior written consent of an officer of Summit.
10.
No Waiver. Except as expressly set forth in these
Terms or any Additional Terms, (i) no failure or delay by you or Summit in
exercising any of rights, powers, or remedies under will operate as a waiver of
that or any other right, power, or remedy, and (ii) no waiver or modification
of any term of these Terms or any Additional Terms will be effective unless in
writing and signed by the party against whom the waiver or modification is sought
to be enforced.
11.
U.S. Government Restricted Rights. If you
are a government end user, then this provision applies to you. The Service
provided in connection with these Terms has been developed entirely at private
expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and
DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation
thereof), and is provided as “commercial items,” “commercial computer site”
and/or “commercial computer site documentation.” Consistent with DFARS section
227.7202 and FAR section 12.212 and to the extent required under U.S. federal
law, the minimum restricted rights as set forth in FAR section 52.227-19 (or
any equivalent or subsequent agency regulation thereof), any use, modification,
reproduction, release, performance, display, disclosure or distribution thereof
by or for the U.S. Government shall be governed solely by these Terms and shall
be prohibited except to the extent expressly permitted by these Terms.
12.
Connectivity. You are responsible for obtaining and
maintaining all Devices and other equipment and software, and all internet
service provider, mobile service, and other services needed for your access to
and use of the Service and you will be responsible for all charges related to them.
13.
Terms Applicable for Apple iOS. If you are accessing or
using the Service through an Apple Inc. (“Apple”) Device or via an app
downloaded from the Apple App Store, the following additional terms and
conditions are applicable to you and are incorporated into the Terms by
reference. To the extent the other terms and conditions of the Terms are less
restrictive than, or otherwise conflict with, the terms and conditions of this
paragraph, the more restrictive or conflicting terms and conditions in this paragraph
apply, but solely with respect to an app from the Apple App Store. To the
extent that you are accessing the Service through an Apple Device or via an app
downloaded from the Apple App Store, you acknowledge that these Terms are
entered into between you and Summit and, that Apple is not a party to these
Terms other than as third-party beneficiary as contemplated below. Your use of
the app must comply with the Apple App Store Terms of Use. The license granted
to you in Section V.3 of these Terms is subject to the permitted Usage Rules
set forth in the Apple App Store Terms of Use (see: http://www.apple.com/legal/itunes/us/terms.html) and any
third party terms of agreement applicable to the Service. You acknowledge that
Summit, and not Apple, is responsible for providing the Service and Content.
You acknowledge that Apple has no obligation whatsoever to furnish any
maintenance or any support services to you with respect to the Service. In the event
of any failure of the app to conform to any applicable warranty, you may notify
Apple, and Apple will refund the purchase price, if any, for the app to you; to
the maximum extent permitted by applicable law, Apple will have no other
warranty obligation whatsoever with respect to the Service. Notwithstanding
anything to the contrary herein, and subject to the terms in these Terms, you
acknowledge that, solely as between Apple and Summit and that Summit, and not
Apple, is responsible for addressing any claims you may have relating to the
Service, or your possession and/or use thereof, including, but not limited, to:
(i) product liability claims; (ii) any claim that the Service fails to confirm
to any applicable legal or regulatory requirement; and (iii) claims arising
under consumer protection or similar legislation. Further, you agree that if
the Service, or your possession and use of the Service, infringes on a third
party's intellectual property rights, you will not hold Apple responsible for
the investigation, defense, settlement and discharge of any such intellectual
property infringement claims. You acknowledge and agree that Apple, and Apple’s
subsidiaries, are third-party beneficiaries of these Terms, and that, upon your
acceptance of the terms and conditions of these Terms, Apple will have the
right (and will be deemed to have accepted the right) to enforce these Terms
against you as a third-party beneficiary thereof. When using the Service, you
agree to comply with any and all third-party terms that are applicable to any
platform, website, technology or service that interacts with the Service.
14.
Entire Agreement. These Terms, including the
documents expressly incorporated by reference, constitute the entire agreement
between you and us with respect to the Service, and supersedes all prior or
contemporaneous communications, whether electronic, oral or written, between
you and us with respect to the Service; provided, however that these Terms are
in addition to, and do not replace or supplant, our Privacy Policy. These
Terms may only be modified as set forth herein.
Copyright © 2019 The Summit Church. All rights reserved.