The Free Church App

SmartChurch Terms of Use

Last Modified: December 1, 2013

Acceptance of the Terms of Use

Welcome to the SmartChurch website and/or mobile app, each published and operated by Lockeland, LLC (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.smartchurch.com (the “Website”) and the SmartChurch mobile app (the “App”), including any content, functionality and services offered on or through the Website and the App (collectively, “SmartChurch”).

Please read the Terms of Use carefully before you start to use SmartChurch. BY USING SMARTCHURCH, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT HTTP://SMARTCHURCH.COM/PRIVACY, INCORPORATED HEREIN BY REFERENCE. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use SmartChurch.

SmartChurch is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using SmartChurch, you represent and warrant that you are of legal age to form a binding contract with Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use SmartChurch.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of SmartChurch following the posting of revised Terms of Use means that you accept and agree to the changes. You should check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing SmartChurch and Account Security

We reserve the right to withdraw or amend the Website or the App, and any service or material we provide on the Website or the App, in our sole discretion without notice. We will not be liable if for any reason all or any part of SmartChurch is unavailable at any time or for any period. From time to time, we may restrict access to some parts of SmartChurch, or all of SmartChurch, to users, including registered users.

You are responsible for:

• making all arrangements necessary for you to have access to SmartChurch; and
• ensuring that all persons who access SmartChurch through your internet connection are aware of these Terms of Use and comply with them.

To access SmartChurch or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of SmartChurch that all the information you provide on and/or to SmartChurch is correct, current and complete. You agree that all information you provide to register with SmartChurch or otherwise, including but not limited to through the use of any interactive features on SmartChurch, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to SmartChurch or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website, the App and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Subject to these Terms of Use, Company grants you a limited, non-exclusive and nontransferable license to download, install and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you and to access, stream, download and use on such mobile device the features, functionality and content made available in or otherwise accessible through the App, strictly in accordance with these Terms of Use (the “License”).

The term of the License commences when you download the App and will continue in effect until terminated as set forth in this paragraph.  Company may terminate the License at any time without notice if it ceases to support the App, which Company may do in its sole discretion. In addition, the License will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms of Use.  Upon termination of the License, (i) all rights granted to you with respect to the App under these Terms of Use will also terminate, and (ii) you must cease all use of the App and delete all copies of the App from your mobile device and account.

These Terms of Use permit you to use SmartChurch for your personal, non-commercial use only. You must not access or use for any commercial purposes any services or materials available through SmartChurch; provided that churches with paid subscriptions may use the features available within SmartChurch to disseminate information about church programming, recommended reading or other materials and similar subjects.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website or the App, except as follows:

• your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
• you may store files that are automatically cached by your Web browser for display enhancement purposes;
• you may print or download one copy of a reasonable number of pages of content from SmartChurch for your own personal, non-commercial use and not for further reproduction, publication or distribution;
• you may download a single copy of the App, and any other desktop, mobile or other applications that we may provide for download, to your computer or mobile device solely for your own personal, non-commercial use; and
• if we provide social media features with certain content, you make take such actions as are enabled by such features.

You must not:

• modify copies of any materials from SmartChurch;
• reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
• remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from SmartChurch, including any copy thereof;
• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; or
• remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting SmartChurch.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of SmartChurch in breach of the Terms of Use, your right to use SmartChurch will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You acknowledge and agree that SmartChurch is provided under license, and not sold, to you. No right, title or interest in or to the Website or the App, or any content on the Website or the App, is transferred to you, and all rights not expressly granted to you in these Terms of Use are reserved by Company. Any use of SmartChurch not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

App Updates

Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either the App will automatically download and install all available Updates, or you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of these Terms of Use.

Trademarks

Company’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs and slogans on the Website or the App are the trademarks of their respective owners.

Prohibited Uses

You may use SmartChurch only for lawful purposes and in accordance with these Terms of Use. You agree not to use SmartChurch:

• in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
• for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use;
• to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation except as expressly permitted by these Terms of Use;
• to impersonate or attempt to impersonate Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); or
• to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of SmartChurch, or which, as determined by us, may harm Company or users of SmartChurch or expose them to liability.

Additionally, you agree not to:

• use SmartChurch in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of SmartChurch, including their ability to engage in real time activities through SmartChurch;
• use any robot, spider or other automatic device, process or means to access SmartChurch for any purpose, including monitoring or copying any of the material on the Website or the App;
• use any manual process to monitor or copy any of the material on the Website or the App or for any other unauthorized purpose without our prior written consent;
• use any device, software or routine that interferes with the proper working of SmartChurch;
• introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of SmartChurch, the server on which SmartChurch is stored, or any server, computer or database connected to SmartChurch;
• attack SmartChurch via a denial-of-service attack or a distributed denial-of-service attack;
• “frame” or “mirror” any part of the Website or the App without our prior written authorization;
• host, provide matchmaking services for, or emulate or redirect the communications protocols used by us (or our designees) as part of SmartChurch, including without limitation, by protocol emulation, tunneling, reverse engineering, modifying SmartChurch or using a utility program to host SmartChurch;
• sell, advertise, or post information on hacks for SmartChurch; or
• otherwise attempt to interfere with the proper working of SmartChurch.

User Contributions

SmartChurch may contain comment sections and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through SmartChurch.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to SmartChurch will be considered non-confidential and non-proprietary. By providing any User Contribution on SmartChurch, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.

You represent and warrant that:

• you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and
• all of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of SmartChurch.

Monitoring and Enforcement; Termination

We have the right to:

• remove or refuse to post any User Contributions for any or no reason in our sole discretion;
• take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of SmartChurch or the public or could create liability for the Company;
• disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
• take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of SmartChurch; and/or
• terminate or suspend your access to all or part of SmartChurch for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through SmartChurch. YOU WAIVE, AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on SmartChurch, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
• promote sexually explicit or pornographic material or violence;
• infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
• violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
• be likely to deceive any person;
• promote any illegal activity, or advocate, promote or assist any unlawful act;
• cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
• impersonate any person, or misrepresent your identity or affiliation with any person or organization;
• involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
• give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from SmartChurch infringe your copyright, you may request removal of those materials (or access thereto) from SamrtChurch by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• your physical or electronic signature;
• identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on SmartChurch, a representative list of such works;
• identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
• adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address);
• a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
• a statement that the information in the written notice is accurate; and
• a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

Gresham Hill
2020 Fieldstone Parkway, Suite 900-268
Franklin, TN 37069
Phone: (615) 258-4141
Email: [email protected]

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on SmartChurch is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter-Notice Procedures. If you believe that material you posted on SmartChurch was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified above). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

• your physical or electronic signature;
• an identification 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 disabled;
• adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address);
• a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which SmartChurch may be found) and that you will accept service from the person (or an agent of that person) who provided Company with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on SmartChurch was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Reliance on Information Posted

The information presented on or through SmartChurch is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of SmartChurch, or by anyone who may be informed of any of its contents.

SmartChurch may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Information About You and Your Visits to and Use of SmartChurch

All information we collect on or through SmartChurch is subject to our Privacy Policy. By using SmartChurch, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

To the extent we offer paid subscriptions or any other products or services for sale on SmartChurch and you wish to purchase such a subscription or such products or services, you will be asked by Company or the third-party provider of the product or service in question to supply certain information applicable to your purchase, including without limitation, credit card and other information. You understand that any such information will be treated by Company in the manner described in our Privacy Policy, incorporated herein by reference. You agree that all information that you provide to Company or such third-party provider in connection with any purchase will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your information and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to Company’s acceptance of any order. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your paid subscription, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts; alternatively, we may choose to terminate your subscription. Your obligation to pay fees continues through the end of the subscription period during which you cancel your paid subscription.

Additional terms and conditions may also apply to specific portions, services or features of SmartChurch.

Linking to SmartChurch and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

SmartChurch may provide certain social media features that enable you to:

• link from your own or certain third-party websites to certain content on SmartChurch;
• send e-mails or other communications with certain content, or links to certain content, on SmartChurch; and/or
• cause limited portions of content on SmartChurch to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

• establish a link from any website that is not owned by you;
• cause SmartChurch or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; or
• otherwise take any action with respect to the materials on SmartChurch that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from SmartChurch

If SmartChurch contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to SmartChurch, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from SmartChurch or other sites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

Geographic Restrictions

The owner of SmartChurch is based in the state of Tennessee in the United States. We provide SmartChurch for use only by persons located in the United States. We make no claims that SmartChurch or any of its content is accessible or appropriate outside of the United States. Access to SmartChurch may not be legal by certain persons or in certain countries. If you access SmartChurch from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Service Interruptions

We reserve the right to limit, suspend, interrupt or terminate the availability of SmartChurch, in whole or in part, to you and any other user or person, geographic area or jurisdiction, at any time and in our sole discretion. You acknowledge and agree that interruptions, delays and disruptions of SmartChurch may occur and that Company has no control over third party servers, systems and/or networks which may be utilized in connection with the functioning of SmartChurch. Company hereby disclaims all liabilities with respect to all interruptions, delays and disruptions of SmartChurch.

Rules for Sweepstakes, Contests and Games

Any sweepstakes, contests or games that are accessible through SmartChurch are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular sweepstakes, contest or game, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such sweepstakes, contests and/or games.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or SmartChurch will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to SmartChurch for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICE, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF SMARTCHURCH OR ANY SERVICES OR ITEMS OBTAINED THROUGH SMARTCHURCH OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF SMARTCHURCH, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH SMARTCHURCH IS AT YOUR OWN RISK. SMARTCHURCH, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH SMARTCHURCH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF SMARTCHURCH. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT SMARTCHURCH, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH SMARTCHURCH WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT SMARTCHURCH OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT SMARTCHURCH OR ANY SERVICES OR ITEMS OBTAINED THROUGH SMARTCHURCH WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE SMARTCHURCH AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF SMARTCHURCH AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF COMPANY OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON SMARTCHURCH, IN THE MATERIALS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF SMARTCHURCH AND ANY MATERIALS PROVIDED THROUGH SMARTCHURCH ARE ENTIRELY AT YOUR OWN RISK.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

NEITHER COMPANY NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO SMARTCHURCH AND/OR MATERIALS CONTAINED ON SMARTCHURCH, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH SMARTCHURCH. YOUR SOLE REMEDY FOR DISSATISFACTION WITH SMARTCHURCH, MATERIALS OR ANY LINKED SITE IS TO STOP USING SMARTCHURCH, MATERIALS OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE LESSER OF TWENTY U.S. DOLLARS (US$20.00) OR THE TOTAL CUMULATIVE AMOUNT PAID BY YOU TO PURCHASE PRODUCTS OR SERVICES FROM SMARTCHURCH IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE ALLEGED DAMAGES, LOSSES OR CAUSES OF ACTION.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to indemnify, defend and hold Company, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (a) your breach of these Terms of Use; (b) any allegation that any materials you submit to us or transmit to SmartChurch infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) your use of SmartChurch; and/or (d) your use of any products or services purchased from us through SmartChurch.

Governing Law and Jurisdiction

All matters relating to SmartChurch and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of or related to these Terms of Use or SmartChurch shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee in each case located in Nashville, Tennessee, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Use will continue in full force and effect.

Church Refund Policy

Every church receiving donations through the SmartChurch App must post their own Terms and Conditions on their website or abide by the following conditions: Unless otherwise stated on the church’s primary website, donations and gifts to any church using SmartChurch (“The Merchant”) are considered to be non-refundable. The refund policy for specific events, or for goods, or services received, is determined by each individual church according to the nature of event, good or service. Lockeland, LLC, the makers of SmartChurch are not responsible for donations and gifts made to churches using their apps.

Entire Agreement

Except for any additional pricing, payment and other terms relating to paid subscriptions to SmartChurch, the Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company with respect to SmartChurch and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to SmartChurch.

Your Comments and Concerns

SmartChurch is provided by Lockeland, LLC

All notices of copyright infringement claims should be sent to the copyright agent designated above, in the manner and by the means set forth above.

All other feedback, comments, requests for technical support and other communications relating to SmartChurch should be directed to [email protected].

Thank you for using SmartChurch: The Free Church App