Commercial and Legal Terms of Service

Your order for StartCHURCH services placed by oral confirmation by telephone is subject to the following terms and conditions (these "Terms"):

Termination

Although we would prefer that you remain a client with us, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. In addition, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others' use of the Services. If we suspend or terminate your access and use, we will try, if reasonable, to let you know in advance and help you retrieve data; however, there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend your access to, and use of, the Services immediately.

StartCHURCH Cloud is Available "AS-IS"

We strive to provide great Services, but THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS", WITH ALL FAULTS, AT YOUR OWN RISK, AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES, ANY CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER(S) THAT MAKE(S) THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.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, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO THE SERVICES.

YOUR USE OF THE SERVICES, CONTENT ON THE SERVICES, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO YOUR USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

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

By accepting these services, you affirm that StartCHURCH will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software or your inability at any time to do so. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

StartCHURCH Cloud Bundle

The StartCHURCH governing document cloud bundle includes the following software suites: Launch Suite, Secretary Suite, Document Suite, and Management Suite. If you purchase the document cloud bundle, then as a courtesy, you are entitled to receive clerical services at no additional charge.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL STARTCHURCH, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT STARTCHURCH HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES IN ANY AMOUNT MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO STARTCHURCH FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.

Modifications

We may revise these Terms from time to time and the most current version be posted on our website will apply to your use of Services at that time. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). We may post other changes to our blog or Terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services and inform us, in writing, that you reject the revised terms.

Indemnification

You agree to defend, indemnify and hold us, and our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your stuff, any use of the Services' content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Services.

Miscellaneous Legal Terms

All matters relating to the Services and these Terms 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 Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia in each case located in the City of Atlanta and County of Fulton. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

These Terms constitute the entire and exclusive agreement between you and StartCHURCH with respect to the Services. These Terms supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. StartCHURCH's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void and without effect. StartCHURCH may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. StartCHURCH and you are not legal partners or agents; instead, our relationship is that of independent contractors.

NOTICE:
StartCHURCH Does Not Provide Legal Advice

Although StartCHURCH obtains advice and assistance from lawyers in many jurisdictions, StartCHURCH is not a law firm and does not provide legal advice to others.

StartCHURCH employs a CPA and an attorney who are authorized to practice before the Internal Revenue Service, and those professionals may be able to provide you with certain specific advice regarding federal tax issues, at your request. In all other respects, document packages available from StartCHURCH provide general legal information for self-help, but we do not and cannot give you advice that is specific to your situation. We do not review the information you provide us for sufficiency or accuracy under the law, and we do not apply the law to the facts concerning your church. Information provided by StartCHURCH is not a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction. We encourage you to consult with a licensed attorney in your state for advice specific to your issues.

If you need and want legal advice apart from federal tax issues, we may be able to introduce you to a lawyer licensed in your jurisdiction who can assist you if you choose. StartCHURCH is not a Lawyer Referral Service, and any such introduction is without charge by StartCHURCH and is for informational purposes only. StartCHURCH does not endorse any such attorney and does not warrant his or her qualifications or competency.