Terms of Use
Last
Modified: August 10th, 2021
Acceptance
of these Terms
By
using CityWell Church sites, services and mobile applications (together, “CityWell
Church sites”), whether as a guest or a registered user, you accept and agree
to be bound by these Terms. Please read these Terms carefully before you start
to use CityWell Church sites, as well as the CityWell Church Privacy Policy. If
you do not agree to these Terms or the CityWell Church Privacy Policy you must
not access or use the CityWell Church sites.
Changes
to the Terms
CityWell
Church sites are offered by CityWell Church Inc. (“CityWell Church”, “we” or
“us”). We may revise and update these Terms from time to time at our sole
discretion. Any changes are effective when we post them. Your continued use of
a CityWell Church site following the posting of revised Terms means that you
accept and agree to the changes.
Changes
to CityWell Church Sites
CityWell
Church sites are offered by CityWell Church Inc. (“CityWell Church”, “we” or
“us”). We may revise and update these Terms from time to time at our sole
discretion. Any changes are effective when we post them. Your continued use of
a CityWell Church site following the posting of revised Terms means that you accept
and agree to the changes.
Information
About You and Your Access of CityWell Church Sites
All
information we collect is subject to our Privacy Policy. By using CityWell
Church sites, you consent to all actions taken by us in compliance with the
Privacy Policy.
Permitted
and Unpermitted Use
You
may use CityWell Church sites in accordance with these Terms for either your
personal and non-commercial use or for the internal use of your non-profit
religious organization. All rights not expressly granted to you are reserved by
CityWell Church. You agree you are not permitted and will not use CityWell
Church sites as follows:
·
in any way
that violates any federal, state, local or international law or regulation;
·
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
impersonate or attempt to impersonate any company or person, including CityWell
Church or;
·
to engage in
any other conduct which, as determined by us, may harm CityWell Church or
others;
·
in any
manner that could disable, overburden, damage, or impair CityWell Church sites
or interfere with any other person’s use of the same;
·
use any
robot, spider or other automatic device, process or means to access CityWell
Church sites for any purpose, including monitoring or copying any of the
material on CityWell Church sites;
·
to introduce
any viruses, Trojan horses, worms, logic bombs or other material which is
malicious or technologically harmful;
·
to attempt
to gain unauthorized access to, interfere with, damage or disrupt any parts of CityWell
Church sites or any server, computer or database connected to CityWell Church
sites;
·
to attack CityWell
Church sites via a denial-of-service attack or a distributed denial-of-service
attack; and
·
otherwise
attempt to interfere with the proper working of CityWell Church sites.
You
also agree that you will not send, knowingly receive, upload, download, use or
re-use any material which:
·
contains any
material which is defamatory, obscene, indecent, abusive, offensive, harassing,
violent, hateful, inflammatory or otherwise objectionable;
·
promotes
sexually explicit or pornographic material, violence, or discrimination on any
basis, including that based on race, sex, religion, nationality, disability,
sexual orientation or age;
·
infringes
any patent, trademark, trade secret, copyright or other intellectual property
or other rights of any other person;
·
violates 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 laws or regulations; or
·
promotes any
illegal activity, or advocates, promotes or assists any unlawful act;
·
involves
commercial activities or sales, such as contests, sweepstakes and other sales
promotions, barter or advertising; and/or
·
gives the
impression that the material emanates from or is endorsed by CityWell Church or
any other person or entity, if this is not the case.
Account
Security
We
allow users to create an account on certain sites which require providing
certain information to CityWell Church. If you choose, or are provided with, a
user name, password or similar information as part of our security procedures,
you agree to treat such information as confidential, and agree to notify us
immediately of any unauthorized access to or use of your user name or password
or any other breach of security. 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.
Monitoring
and Enforcement; Legal Compliance; Termination
You
agree that we have the right to:
·
take any
action with respect to any user or account that we deem necessary or
appropriate in our sole discretion if we believe there to be a violation of
these Terms, infringement of third party rights, a threat to the personal
safety of others, or a threat or liability or harm to the goodwill associated
with CityWell Church or CityWell Church;
·
take
appropriate action, including without limitation, referral to law enforcement
and disclosure of your information, for any illegal or unauthorized use of CityWell
Church; and/or
·
terminate or
suspend your access to all or part of CityWell Church for any or no reason,
including without limitation, any violation of these Terms.
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
CityWell Church. YOU WAIVE AND HOLD HARMLESS CITYWELL CHURCH AND ITS LICENSEES
AND SERVICE PROVIDERS AND ALL OF THEIR EMPLOYEES, OFFICERS AND DIRECTORS FROM
ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES
DURING OR AS A RESULT OF LEGAL INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER CITYWELL CHURCH OR LAW ENFORCEMENT AUTHORITIES.
Your
Reliance on Information
The
information presented on or through CityWell Church sites is made available
solely for general information purposes. Although we strive to provide
information found on CityWell Church sites in various languages, translations
to languages other than English of CityWell Church sites content are provided
to us by other parties and we do not represent or warrant the accuracy of those
translations. 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 visitor to CityWell
Church sites, or by anyone who may be informed of any of its contents.
Intellectual
Property Rights
CityWell
Church sites and their contents, features and functionality (including but not
limited to all information, software, text, displays, images, video and audio,
and the design, selection and arrangement of the same), are owned by CityWell
Church, 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.
Logos
and Designs
The
CityWell Church name and logo and all related names, logos, product and service
names, designs and slogans are trademarks and/or copyright of CityWell Church.
You must not use these marks and copyright without the prior written permission
of CityWell Church. All other names, logos, product and service names, designs
and slogans on CityWell Church sites are the trademarks of their respective
owners.
Copyright
Infringement
If
you believe that any content provided on any CityWell Church site violates your
copyright or other rights, please contact our designated agent by: (a) mail at
Legal Department, CityWell Church Inc., PO Box 494, Coatesville PA 19320; (b)
phone at 610-590-8550; or (c) electronic mail at legal@CityWell.Church.
Please be aware that it is the policy of CityWell Church to terminate the user
accounts of repeat infringers.
Third
Party Links and Services
CityWell
Church may include content provided by third parties. 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 CityWell Church, you do so
entirely at your own risk and subject to the terms and conditions of use for
such websites. 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 CityWell Church, are solely the opinions and the responsibility
of the person or entity providing those materials. These materials do not
necessarily reflect the opinion of CityWell Church. 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.
Geographic
Restrictions
CityWell
Church is based in the state of Pennsylvania in the United States. We make no
claims that CityWell Church sites or any of its content are accessible or
appropriate outside of the United States. Access to CityWell Church sites may
not be legal by certain persons or in certain countries. If you access CityWell
Church sites from outside the United States, you do so on your own initiative
and are responsible for compliance with local laws.
Disclaimer
of Warranties
YOUR
USE OF ANY CITYWELL CHURCH SITE, ITS CONTENT AND ANY FUNCTIONALITY, SERVICES OR
ITEMS OBTAINED THROUGH CITYWELL CHURCH SITES IS AT YOUR OWN RISK, ALL OF WHICH
ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CITYWELL CHURCH NOR ANY PERSON
ASSOCIATED WITH CITYWELL CHURCH MAKES ANY WARRANTY OR REPRESENTATION WITH
RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR
AVAILABILITY OF CITYWELL CHURCH. WITHOUT LIMITING THE FOREGOING, NEITHER CITYWELL
CHURCH NOR ANYONE ASSOCIATED WITH CITYWELL CHURCH REPRESENTS OR WARRANTS THAT CITYWELL
CHURCH OR ANY FUNCTIONALITY, CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH
CITYWELL CHURCH SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED,
THAT DEFECTS WILL BE CORRECTED, THAT CITYWELL CHURCH SITES OR THE SERVER THAT
MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT
THE CITYWELL CHURCH SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CITYWELL
CHURCH SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
CITYWELL
CHURCH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, 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.
Limitation
on Liability
IN
NO EVENT WILL CITYWELL CHURCH, ITS LICENSORS, SERVICE PROVIDERS, OR ANY OF
THEIR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY
KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR
INABILITY TO USE, ANY CITYWELL CHURCH SITE, ANY WEBSITES LINKED TO IT, ANY
CONTENT OFFERED ON OR THROUGH THE CITYWELL CHURCH SITES OR SUCH OTHER WEBSITES
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CITYWELL CHURCH SITES, INCLUDING
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL
DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED
SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY
TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF
FORESEEABLE.
THE
FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
Indemnification
You
agree to defend, indemnify and hold harmless CityWell Church, its affiliates,
licensors and service providers, and its and their respective officers,
directors, employees, contractors, agents, licensors, suppliers, successors and
assigns 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 CityWell
Church sites, including, but not limited to, any use of CityWell Church
content, services and products other than as expressly authorized in these
Terms or your use of any information obtained from CityWell Church sites.
Governing
Law and Jurisdiction
All
matters, disputes, or claims relating to CityWell Church and these Terms
(including non-contractual disputes or claims), shall be governed by and
construed in accordance with the internal laws of the State of Pennsylvania
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
shall be instituted exclusively in the federal courts of the United States or
the courts of the State of Pennsylvania. By agreeing to these Terms and using CityWell
Church sites, you waive any and all objections to the exercise of jurisdiction
over you by such courts and to venue in such courts.
Waiver
and Severability
CityWell
Church may only waive its rights under these Terms in writing. If any provision
of these Terms is held by a court or other tribunal of competent jurisdiction
to be invalid, illegal or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions
of these Terms will continue in full force and effect.
Entire
Agreement
These
Terms and our Privacy Policy constitute the sole and entire agreement between
you and CityWell Church Inc., with respect to CityWell Church sites and
supersede all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect to CityWell
Church sites.
Your
Comments and Concerns
CityWell
Church sites are operated by CityWell Church Inc. an Pennsylvania Non-Profit Corporation.
All feedback, comments, requests for technical support and other communications
relating to CityWell Church sites should be directed to: CityWell Church
Support, PO Box 494 Coatesville PA 19320 or help@CityWell.Church.