TERMS OF SERVICE
Welcome to the Church360°® Members texting application (the “Service"). These Terms of Service (the "Terms") govern your use of this Service (collectively referred to as “you”, “your”, “yourself”). Your access to the Service in any way is evidence of your acceptance of the Terms and the enforcement of said Terms. If you do not agree to these Terms and conditions, you may not use the Service.
LICENSE AND SERVICE ACCESS. Concordia Publishing House (CPH), doing business as Concordia Technology Solutions, is providing your church with a means to send text messages to its members. You are responsible for providing, at your expense, any required equipment to accept the text from your church.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) to maintain and update this information to keep it true, accurate, current and complete.
Use of Text Messaging Service. To use the text messaging service, you must expressly consent or “Opt-in” to receiving text messages from your church.
Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.
Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (mobi PCS), COX, Cross, Element Mobile (Flat Wireless, Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless) , Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA ltd.), Revol, RINA, Simmetry (TMP Corporation) Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless and West Central (WCC or 5 Star Wireless)
***Carriers are not liable for delayed or undelivered messages. ***
INTELLECTUAL PROPERTY OWNERSHIP. CPH alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Church360° Members Technology and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Church360° Members technology, the Church360° logo, the Church360° Members logo, or other CPH logo or trademark. The product names associated with the Service are trademarks of CPH or third parties, and no right or license is granted to use them.
ELECTRONIC COMMUNICATIONS. When you send e-mails to CPH, you are communicating with CPH electronically. You consent to receive communications from CPH electronically. CPH will communicate with you by e-mail or by posting notices on this Service. You agree that all agreements, notices, disclosures and other communications that CPH provides to you electronically satisfy any legal requirement that such communication be in writing.
TRACKING AND USE OF INFORMATION. CPH has no obligation to monitor the Service. However, notwithstanding anything contained in this Agreement to the contrary, CPH may use and disclose aggregate statistics, comparisons to averages, and similar information, provided that, unless otherwise required by law, in no event shall any such information disclosed to third parties be identified with or attributed to you without your prior written approval. CPH agrees to keep your data confidential and not to disclose Client Data to third parties without your prior written approval. CPH will not intentionally monitor or disclose any private electronic-mail message unless required by law. CPH reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
EVALUATION OBLIGATIONS. CPH may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its software and services ("Feedback"). You agree that CPH may, in its sole discretion, use the Feedback you provide to CPH in any way, including in future modifications of the Service, multimedia works and/or advertising and promotional materials relating thereto. CPH shall have the right to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner and for any purpose without any compensation to you.
CHANGES. CPH reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement; to impose new or additional rules, policies, terms, or conditions on your use of the Service; or to temporarily or permanently discontinue the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following such changes will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference. CPH shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
TERM AND TERMINATION. Subject to earlier termination as provided in this Agreement, the term of this agreement is set by your church’s participation in the program.
In addition to any other rights and remedies specified in this Agreement or provided at law or in equity, you shall have the right to terminate this Agreement, at any time, as indicated above.
Your privilege to use or access the Service may be terminated by CPH immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must agree not to re-register or otherwise make use of the Service. Furthermore, you acknowledge that CPH reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Service. You understand that CPH may exercise this right in its sole discretion.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS.
WAIVER AND INDEMNITY. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD CPH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS AND LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT, MODIFY OR OTHERWISE MAKE AVAILABLE THROUGH THE SERVICE, YOUR USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CPH AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE,OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF CPH OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CPH AND YOU. CPH WOULD NOT BE ABLE TO HAVE PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS.
GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that CPH may establish general practices and limits concerning use of the Service. You agree that CPH has no responsibility or liability for the deletion or failure to store any messages or other information or content stored, maintained or transmitted by the Service. You further acknowledge that CPH reserves the right to modify these general practices and limits from time to time.
CPH is taking reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and CPH cannot and does not guarantee that the personal information you have entered will not be intercepted by others and decrypted.
RELATIONSHIP OF PARTIES. Nothing herein shall constitute you as an agent, legal representative, partner, joint venture or employee of CPH. You shall have no right or power to, and shall not in any manner attempt to, bind or obligate CPH nor shall you represent that you have any right to do so.
MISCELLANEOUS. Except as expressly set forth in these Terms, the Terms of Service are a complete statement of the agreement between you and CPH and set forth the entire liability of CPH and its Suppliers and your exclusive remedy with respect to your access and use of the Service. Each party represents and warrants that it has the right and authority to enter into this Agreement. The suppliers, agents, distributors, dealers, licensors and employees of CPH are not authorized to make modifications to the Terms, or to make any additional representations, commitments or warranties binding on CPH. The failure of CPH to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. Any waiver of the terms herein by CPH must be in a writing signed by an authorized officer of CPH and expressly referencing the applicable provisions of the Terms.
If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. The Terms will be governed by Missouri law as applied to agreements entered into and to be performed entirely within Missouri, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in St. Louis, Missouri or federal court for the Eastern District of Missouri.
Headings are included for convenience only and shall not be considered in interpreting these Terms. The Terms do not limit any rights that CPH may have under trade secret, copyright, patent or other laws.
Last Updated: December 2019
