Terms of UseThese Terms of Use are subject to the Software License Agreement between the church, school, or other organization (“Organization”) and LOGOS Management Software (“LOGOS”). These Terms of Use apply to everyone who is authorized by the Organization to use LOGOS’ software product, website, or service (“the Software”), including staff, volunteers, visitors, and other designated users. If you have not been properly authorized by the Organization, then please discontinue your use of the Software immediately. To interact with certain features of the Software, you may choose to or may be required to register. As part of your eligibility to use the Software, you agree to (a) provide true, accurate, current and complete information about yourself as prompted on the applicable registration form and (b) maintain and promptly update the information contained on the registration form in order to keep it true, accurate, current and complete. Failure to do so may result in the Organization or LOGOS suspending or terminating your account. When you complete your organization’s registration process, you will receive a username and password. You are responsible for maintaining the confidentiality of the username and password, as well as for all activities that occur under your username and password. You agree to maintain security by ensuring that you exit from your account at the end of each session and by notifying your Organization immediately in the event of any unauthorized use or other security breach. The Organization and LOGOS cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions. By using the Software, you state and guarantee that you are at least 14 years of age, of sound mind, are competent to enter into a legally binding agreement, and have authority to bind yourself or the person or entity you represent. If parents and/or guardians wish to have family members under the age of 14 use the Software, they must create an account first, and then add family members to their family account profile. All features of this Software, whether they may be accessed with monetary charge or not, are subject to and shall be strictly governed by these Terms of Use. By using the features of the Software, you agree to be bound by these Terms of Use. All use of the Software is subject to applicable state, federal and local law. You agree not to use the Software in any manner that could damage, disable, overburden, or impair the Software or interfere with any other party’s use and enjoyment of the Software. Your Organization and LOGOS—according to each one’s absolute discretion—reserve the right to change these Terms of Use at any time without notice. Code of Conduct. You agree not to use the Services to perform any of the following activities:
Intellectual Property. The Software and content contained therein is owned exclusively by LOGOS and the Organization, respectively, subject to theLOGOS Privacy Policy. The Software and content contained therein is protected by U.S. and international copyright and intellectual property laws, and all rights are hereby reserved. Without limiting the foregoing, the Software and content contained therein may not be copied, sold, transferred, distributed, or exploited for any commercial purpose. Disclaimers. Information, data, news and other information contained in the Software may be generated or provided by third parties and the Organization and LOGOS make no representation or warranty of any kind whatsoever as to the accuracy, truthfulness, timeliness, or completeness of any of the content. You assume full and complete responsibility for checking or verifying the accuracy, truthfulness, timeliness, or completeness of such information to whatever extent you deem necessary, and you agree to indemnify and hold harmless the Organization, LOGOS, and their authorized agents from any liability, loss, damage, claim, cost, and expense caused by or arising out of your reliance on any content contained in the Software or made accessible or available therein. The Software—including without limitation all applications, websites, services, information, data, features and all content—is offered and made available herein on an “AS IS,” “As Available” basis. In no event shall the Organization or LOGOS be liable to you, your company, employees, agents, third parties, associates, partners, members, guests or anyone else for any consequential, incidental, special, punitive or indirect damages of any kind, including without limitation those resulting from loss or impairment of use, data, or profits that you or anyone else may incur from use or access to the Software, even if these persons were advised of the possibility of any such damages. As a condition of using or accessing any such information, you expressly waive any and all claims you may have or assert against the Organization or LOGOS relating directly or indirectly to accessing or using our reliance upon any such information or data by you or anyone else. The term “Damages” as used herein includes without limitation any and all liability, loss, damage, injury, claim—founded or unfounded—expense, fees of any kind--including without limitation attorneys’ or accountants’ fees. The Organization and LOGOS shall not be liable for any delay or nonperformance of these terms of use, or any term or provision hereof in whole or in part, caused by forces or factors beyond their reasonable control, including but not limited to wars, civil actions, action taken by government authority in hindering, combating or defending against such occurrence, or confiscation by order of any governmental authority, strikes, lockouts, labor disputes, authority of law, acts of God, severe weather, computer hardware or software problems of any kind or any other cause. The Organization and LOGOS make no representation or warranty of any kind whatsoever regarding any content contained in this Software, including without limitation service, news, data, information or content of any kind, or the usefulness, reliability, truthfulness, accuracy, timeliness or completeness to you or anyone else, including without limitation warranty of merchantability, warrant of fitness for particular purpose or use, warranty of non-infringement, warranty of title or warranty of any kind. The Organization and LOGOS make no representation or warranty of any kind that this Software or any content herein or available from other sites accessible herein, including without limitation software or files accessible or made available for download herefrom, are free of or free from technologically unstable files or characteristics, or bugs, viruses, errors, defects, problems, Trojan horses, worms, other limitations or other codes or defects that may have contaminating or destructive properties or characteristics or adverse effects on your software or hardware. You assume all risks and responsibility for use or reliance upon the Software or any information or data set forth herein. If you are dissatisfied with the Software, the services, or any feature, application or information herein or accessible herefrom, or any of the terms of use, privacy policy or operation of the site or any of its features, your sole remedy shall be to discontinue use of the site and its features. Financial Transactions. In the event that you wish to take advantage of Online Giving and other financial services provided by the Software, by initiating and sending payments through the Software, you appoint LOGOS and its authorized agents as your agent to transfer funds to the Organization. LOGOS and its authorized agent will obtain the funds per your instructions by debiting a bank account or charging a credit card that you designate. The transaction record on your bank or credit card statement will indicate the name of the recipient that you designated. When you initiate a transfer from your bank account, LOGOS and its authorized agent will execute an ACH transaction from your U.S. bank account in the amount you specify. You agree that such requests constitute your authorization for such transfers. LOGOS and its authorized agent will never make transfers from your bank account or credit card without your authorization. Jurisdiction; Governing Law. This Software and content may be accessed on the Internet from all 50 states, as well as other countries around the world. Because each of these places and jurisdictions has laws that may differ from those of Michigan, by accessing this Software, you agree that these Terms of Use shall be deemed and treated as though they were entered into, executed, and performed solely in Washtenaw County, Michigan, and the statutes and laws of the State of Michigan, without regard for conflict of law rules thereof, apply to all matters relating to use of this Software and shall without limitation govern these Terms of Use. You agree that by use of the Software you do hereby submit to jurisdiction of the courts of Michigan with appropriate subject matter jurisdiction and that any conflict brought or filed with respect to use of the Software or concerning the Terms of Use shall be brought in a court of competent jurisdiction in Washtenaw County, Michigan. In any legal action relating to enforcement or breach of these Terms of Use, the prevailing party shall be entitled to recovery of costs, fees and expenses of such action, including without limitation attorney fees and accounting fees. A printed copy of these Terms of Use or part thereof as modified in accordance with the terms hereof from time to time shall be deemed admissible in any court of law or administrative proceeding and shall be deemed the original and the best evidence of the intentions of the parties with respect to use of the Software. |