Terms of Use
1.1. Parties. The parties to these Terms of Use are you, and the owner of this textinchurch.com website business, Text In Church® (“TIC”). All references to “we”, “us”, “our”, this “website” or this “site” shall be construed to mean this website business and TIC.
1.2. Use And Restrictions. Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors. Notwithstanding the generality of the foregoing, you will not use the site or the services in any manner that violates our Acceptable Use Policy, which is hereby expressly incorporated herein.
1.3. Modification. We reserve the right to modify these Terms of Use at any time by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site’s home page. The “Last Revised” date at the top of these Terms indicates when the most recent modification was made. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.
1.4. How We Treat Postings To This Site (Blog, Forum, or Chat Room).
1.4.1. We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that violates export control laws.
1.4.2. We, in our sole discretion and without notice, reserve the right, but undertake no duty, to review, edit, remove or delete any material submitted as a comment to blog, forum or chat-room provided for display or placed on this site. Specifically, we reserve the right to delete or decline to post content that contains profanity; sexual content; overly graphic, disturbing or offensive material; vulgar or abusive language; hate speech, defamatory comments, or offensive language targeting any specific demographic; personal attacks of any kind; spam; promotions for commercial products or services.
1.4.3. By submitting a comment for posting, you agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
1.5. Defamation; Communications Decency Act Notice. This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
1.6. Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this site’s home page.
1.7. Separate Agreements. You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
1.8. Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
1.9. DMCA Notice. This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement: Text In Church 105 East Street, Suite 12160 | Parkville, MO 64152 Email Address: compliance.officer -at- TextInChurch -dot- com Telephone: (844) 324-2727
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed. In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
1.10. Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS”, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
1.11. Limitation of Liability. IN NO EVENT SHALL TIC AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL 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 SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF TIC OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE FOREGOING EXCLUSION IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, TIC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THIS SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) OR, IF YOU ARE A PAID MEMBER, THE AMOUNT SET FORTH IN SECTION 22 OF THE MEMBERSHIP AGREEMENT. NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
1.12. Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
1.13. Links to Third-Party Websites. We do not review or control third-party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third-party site is on your own initiative and at your own risk, and may be subject to the other sites’ terms of use and privacy policy.
1.14. Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.1.15. Arbitration; Class Action Waiver.
1.15.1. Agreement to Arbitrate. Except as provided in Sections 1.15.2 and 1.15.3, all disputes, controversies, or claims arising out of or relating to these Terms of Use, this site, or a breach of these Terms of Use shall be submitted to and finally resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect. The parties agree that the Commercial Arbitration Rules, and not the AAA Consumer Arbitration Rules, govern, because this site and its services are provided for organizational purposes and not for personal, family, or household purposes. There shall be one arbitrator chosen in accordance with AAA rules. The arbitration shall take place in Kansas City, Missouri, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Missouri to all issues in dispute. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement.
1.15.2. Carve-Outs. This Section 1.15 does not apply to (i) actions to protect or enforce intellectual property rights, (ii) actions to enforce an arbitrator’s decision, or (iii) any claim that may be brought in small claims court, for so long as the claim remains in that court and is brought on an individual basis.
1.15.3. Your Right to Opt Out. You may opt out of this Section 1.15 by sending written notice to Text In Church, 105 East Street, Suite 12160, Parkville, MO 64152, Attn: President of the Company, or by email to compliance.officer@textinchurch.com, within thirty (30) days after you first accept these Terms of Use. Your notice must include your name (and account name, if any) and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms of Use, and we will not restrict your access or change your pricing because you opted out.
1.15.4. Class Action and Jury Trial Waiver. YOU AND TIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. TO THE EXTENT ANY CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY.
1.15.5. Batch Arbitration. If twenty-five (25) or more demands for arbitration raising substantially similar claims are filed against TIC by or with the assistance of the same or coordinated counsel within a ninety (90) day period, the parties agree the demands will be administered in batches of no more than fifty (50) demands, with a single arbitrator appointed for each batch, a single set of filing fees due per batch, and a single scheduling order per batch. The parties will cooperate in good faith with AAA to implement this process.
1.15.6. Severability of this Section. If the waiver in Section 1.15.4 is found unenforceable as to a particular claim or a particular request for relief, that claim or request for relief shall be severed from arbitration and brought in the courts identified in Section 1.16, and all remaining claims shall proceed in arbitration. If any other provision of this Section 1.15 is found unenforceable, that provision shall be severed and the remainder of this Section 1.15 shall remain in full force and effect.
1.15.7. Fees. Should either party file an action in court contrary to this Section 1.15, the other party may recover its reasonable attorneys’ fees and costs incurred in enforcing this Section.1.16. Jurisdiction And Venue. The courts of Platte County in the State of Missouri, USA and the U.S. District Court for the Western District of Missouri shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.1.17. Controlling Law. This Agreement shall be construed under the laws of the State of Missouri, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
1.18. Intended Use; Geographic Availability. This site and the Platform are intended for use in the United States and in the other regions where we make the Platform available. If you access this site or the Platform from outside the United States, you do so on your own initiative and you are responsible for compliance with the local laws applicable to your access and use. We do not represent that this site is appropriate for use elsewhere. Access to this site from locations where its contents are illegal is not authorized.
1.19. Onward Transfer of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this site may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. You consent to any such transfer of personal information outside your country of residence to any such location.
1.20. Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
1.21. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
1.22. Text In Church SMS Terms. By providing your mobile number and opting in, you agree to receive recurring conversational, marketing, and promotional SMS and MMS messages from Text In Church, L.C. at the number provided, including messages sent using automated technology. Consent is not a condition of purchasing any goods or services. Message frequency varies and depends on your interactions with us. Message and data rates may apply. Reply STOP to any message to unsubscribe at any time. Reply HELP for help, or contact us at support@textinchurch.com or (844) 324-2727. Mobile carriers are not liable for delayed or undelivered messages. See our Privacy Policy and these Terms of Use for how we handle your information.
1.23. Privacy. Please review this site’s Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site’s home page.
1.24. Survival. The provisions of these Terms of Use that by their nature should reasonably survive termination of your access to or use of this site, including without limitation the Warranty Disclaimers, Limitation of Liability, Arbitration, Jurisdiction and Venue, Controlling Law, Ownership, and Privacy sections, will survive any such termination.
1.25. Assignment. You may not assign or transfer your rights or obligations under these Terms of Use without our prior written consent, and any attempt to do so without consent is void. We may assign these Terms of Use in our sole discretion, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, and these Terms of Use will bind and inure to the benefit of the parties’ successors and permitted assigns.
1.26. Entire Agreement; Document Hierarchy. These Terms of Use, together with our Privacy Policy, Acceptable Use Policy, and (for paid users) the Membership Agreement, constitute the entire agreement between you and TIC with respect to your use of this site and supersede all prior or contemporaneous communications, representations, and agreements on that subject. In the event of any conflict among these documents, the order of precedence is: (i) the Membership Agreement (for paid users with an active membership); (ii) the Acceptable Use Policy; (iii) the Privacy Policy; and (iv) these Terms of Use.
