Terms of Use

Last Revised: July 27, 2021

Thank you for visiting us and/or are otherwise interacting with our Site and Service (each as defined below), which is owned and operated by Apex Baptist Church (“Apex Baptist,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your use of of our main corporate web site found at https://apexbaptist.org or any other website owned or controlled by Apex Baptist (each, a "Site") and also applies to all related technologies, software, products, features, widgets, plug-ins, applications, online offerings and content, subscriptions, ability to donate, download relevant information and other opportunities we make available to you and other visitors that we own and control and make available through the Site, and/or that post or link to these Terms (collectively, the “Service”), regardless of how you access or use it, whether via computer, mobile device or otherwise.

PLEASE READ THESE TERMS CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO USE THE SERVICE.

 I. ACCEPTANCE OF THESE TERMS

1. By using the Service, you accept all of the provisions of these Terms and any Additional Terms (defined below), and represent and warrant that you are at least the age of majority in your jurisdiction (or are sixteen (16) years of age or older and have your parent or guardian’s consent to the Terms) and have the requisite power and authority and all permissions necessary to enter into and be bound by these Terms, and you acknowledge that you have read and understood, and agree to be bound by, these Terms, and agree to comply with all applicable laws and regulations in connection with your use of the Service.

2. By using the Service, you acknowledge and accept the Service’s Privacy Policy (“Privacy Policy”) and consent to the collection and use of your data in accordance with the Privacy Policy.

3. By using the Service, you further agree that Apex Baptist may change, alter, or modify the settings or configurations for use on any browser or in connection with use of a Device (defined below) for any reason including, without limitation, in order to allow for or optimize general use of the Service by you and other users.

 II. INTERPRETATION

1. In these Terms, we use the term “you” to refer to any user of the Service. If you use the Service on behalf of a company, organization or other entity, then “you” includes you and that entity; you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms and that you agree to these Terms on the entity’s behalf; and you agree that your entity is legally and financially responsible for your use of the Service as well as for the use of your user account by others affiliated with your entity, including any employees, agents or contractors.

 III. MODIFICATIONS OF THESE TERMS

We may, in our sole discretion, modify or revise these Terms at any time by updating this page. You agree that we may notify you of other terms by posting them on the Service (or in any other reasonable manner of notice which we elect). If you continue to use the Service after any such modification or revision, then you are bound by such modification or revision, and you should therefore visit this page periodically to review these Terms. If any modification or revision is not acceptable to you, you are not permitted to continue using the Service.
 
IV. ADDITIONAL TERMS

In some instances, both these Terms and separate guidelines, rules, or terms of service setting forth additional or different terms and/or conditions will apply to your use of a specific Service or to a service (e.g. engaging in one of our Communities (as defined below) or product (e.g. participating on a mission) offered via a specific Service (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
 
V. SERVICE CONTENT, OWNERSHIP, LIMITED LICENSE, AND RIGHTS OF OTHERS

1. Content. The Service contains a variety of: (i) materials and other items relating to Apex Baptist and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Apex Baptist (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).

2. Ownership. The Service (including past, present, and future versions) and the Content are owned, licensed or otherwise controlled by Apex Baptist and our licensors and certain other third parties. You acknowledge and agree that all right, title, and interest in and to the Content available via the Service is the property of Apex Baptist or our licensors or certain other third parties, and is protected by local, state, federal and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible, and you agree not to take any action(s) inconsistent with such ownership interests. Apex Baptist owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.

3. Limited License. Subject to your strict compliance with these Terms and the Additional Terms, Apex Baptist grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (i) access and view the Content as displayed on the Service on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only, and (ii) to use and modify certain Content that we may from time to time make available on the Service explicitly for you for use and integration as part of your User-Generated Content (defined below) (which types of Content are referred to herein as “Apex Baptist Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the Apex Baptist Licensed Elements are made available on the Service. We and our licensors and certain other third parties, as the case may be, retain ownership of all Content, including Apex Baptist Licensed Elements. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Apex Baptist’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.

4. Rights of Others. In using the Service, you must respect the intellectual property and other rights of Apex Baptist and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Apex Baptist respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Service, then please see Section XII below.

5. Your Data. For more information about how we may use and share your technical data and related information, including your User-Generated Content, please review the Privacy Policy.
 
VI. ENROLLMENT AND PURCHASE / DONATION TERMS GENERAL

1. Enrollment. We provide you with the opportunity to enroll in and become a member of Apex Baptist, create a profile for use on our Site, subscribe to certain forms of communication, and join one or more of our Communities (collectively, “enroll”); provided, we may permit you to be enrolled: (i) by telephone, (ii) at our Site, or (iii) by some other method we expressly permit (collectively, the “Enrollment Process”).

2. Purchase / Donation Terms. Whether you have a Profile or not you may be able to purchase products and Services we offer. In addition, with a Profile, you have the ability to make tax-deductible one-time or subscription donations through our Online Giving platform on the Site, PushPay, or if you have a Profile by using the “Manage My Giving” functionality (each, a “Donation” or collectively, “Donations”). In making a Donation, you will need to provide credit card or bank account details. By submitting your credit card or bank account information to us, you hereby warrant you have the legal right to use any credit card(s) or other payment method(s) in connection with any Donation, (ii) the information you supply to us is true, correct and complete, and (iii) you authorize us or our third-party payment processors to charge your card or your bank account, as applicable, at our convenience. Should your credit card or online check fail to authorize, you will be notified of such failure via email. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

3. Term and Termination. Your membership will commence as of the date you enroll and will continue until such time as you request your membership be cancelled. Apex Baptist will have the right, upon written notice to you, to suspend your access to your Profile and any access made available through the Site and any subscriptions, services, etc. that you participate in, if: (a) you fail to meet the financial obligations you have made to Apex Baptist under these Terms; and/or (b) you materially breach any term or condition of these Terms. You agree that Apex Baptist will not be liable to you or any third party for termination of your membership or access to the Service.

4. By providing your payment method information in your Profile, you are agreeing to pay for the services you have selected and Donations you have agreed to make, and any applicable taxes and service fees, corresponding to the date reflected on the Site (e.g. the frequency for fulfillment of any Donation). You agree that we may change the pricing for any products and services we offer by providing you with notice through an electronic communication from us and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You consent to our ability to change our pricing through an electronic communication to you. If you do not wish to accept a new price change made by us for future product and service offerings do not elect to make such future purchase.

5. Cancelling Your Profile and Participation. You have the right to remove your Profile and corresponding membership at any time upon notice to Apex Baptist by contacting us at privacy@apexbaptist.org.

VII. HOW TO FULFILL YOUR FINANCIAL COMMITMENTS

1. Generally. Prior to the purchase of any products or services or making of any Donation, you must provide us or our designated third party payment processor, currently PushPay, with terms found at https://pushpay.com/legal-center/terms/, with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge your card. By submitting that information to us or one of our designated Third-Party Processors, you agree that you authorize us and/or our processor to charge your card at our convenience but within thirty (30) days of credit card authorization.

2. Your Information. In connection with use of our Services, including but not limited to making a Donation, you may be required to provide us with the full and accurate personal or organizational information that we require for the applicable services, which may include, without limitation, your name, address, telephone number, email address, date of birth, driver’s license number, or tax identification number, the last four digits of your Social Security number, and other personal or organizational information to verify your identity. You agree to keep all personal information updated and accurate. In the event we do not receive all the required personal information during your Enrollment Process, you agree that we may, in our sole discretion, use our database, the database of our affiliates, or other resources to attempt to complete the required personal information on your behalf. If we are unable to obtain the required personal information or you fail to authenticate your identity as may be required, the services for which you have enrolled or registered from us may be limited.

3. Minimum Age. To purchase any products or Services, including subscribing as a member or to make any Donations, you must be at least the age of majority in your jurisdiction (or be sixteen (16) years of age or older and have your parent or guardian’s consent). You represent that your access to or use of the Service does not violate applicable laws, and that you agree with all of these Terms.

4. Methods of Payment; Credit Card Terms; ACH Processing; and Taxes. All payments must be made through your Visa, MasterCard, Discover, American Express, ACH transfer or such other method(s) specifically identified and accepted via the Service from time to time. Your card issuer agreement or bank govern your use of your designated card or ACH transfer, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. You, and not Apex Baptist, are responsible for paying any unauthorized amounts billed to your credit card or bank by a third party. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. If Apex Baptist does not receive payment from your credit card issuer or its agent or your bank if using ACH, you agree to pay all amounts due upon demand by Apex Baptist or its agents. You are responsible for paying any taxes or charges imposed on your purchases or Donations, including, but not limited to, sales, use or value-added taxes. By agreeing to these Terms or continuing to make payments through our Third Party Processors while using the Service, you agree to be bound by such agreements as our Third Party Processors make from time to time. As a condition of Apex Baptist enabling payment processing Further, at such time, if any, that we provide you with the opportunity to access the Service and make payments within the iOS or Android mobile app version of our Services by using Apple Pay or Google Pay as applicable, your payment will be processed by Apple or its service providers (in the case of Apple Pay) or Google or its service providers (in the case of Google Pay). Your use of Apple Pay or Google Pay will be subject to Apple or Google’s respective end user terms for their respective payment processing services. Please note that DONATIONS AND FEES FOR PRODUCTS AND SERVICES ARE NONREFUNDABLE. Modifications to Pricing or Billing Terms. Apex Baptist reserves the right, at any time, to change its prices and billing methods for products and services sold, effective immediately upon posting on the Site.

VIII. USER-GENERATED CONTENT

1. General. Apex Baptist may now or in the future offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service (collectively, “submit”) messages, avatars, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Apex Baptist Licensed Elements included therein, “User-Generated Content”). Provided you set up a Profile, Apex Baptist may allow you to do this through your Profile, forums, blogs, message boards, social networking environments, content creation tools, gameplay, social communities, contact us tools, email, text message, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.

2. Non-Confidentiality of Your User-Generated Content. Except as otherwise described in the Service’s posted Privacy Policy or any Additional Terms, you agree that (a) your User-Generated Content will be treated as non-confidential regardless of whether you mark them “confidential,” “proprietary,” or the like and will not be returned, and (b) Apex Baptist does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon Apex Baptist’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and do so at your own risk. In your communications with Apex Baptist, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Feedback”). Any Unsolicited Feedback you post on or send to us via the Service are deemed User-Generated Content and licensed to us as set forth below. In addition, Apex Baptist retains all of the rights held by members of the general public with regard to your Unsolicited Feedback. Apex Baptist’s receipt of your Unsolicited Feedback is not an admission by Apex Baptist of their novelty, priority, or originality, and it does not impair Apex Baptist’s right to contest existing or future intellectual property rights relating to your Unsolicited Feedback.

3. License to Apex Baptist of Your User-Generated Content. Except as otherwise described in any applicable Additional Terms (such as participation in one of our Communities ), which specifically govern the submission of your User-Generated Content, you hereby grant to Apex Baptist, and you agree to grant to Apex Baptist, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels including to other users of the Service), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to Apex Baptist to your User-Generated Content, you also hereby grant to Apex Baptist, and agree to grant to Apex Baptist, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section VIII.3.

4. Exclusive Right to Manage Our Service. Apex Baptist may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and Apex Baptist may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms, including, without limitation, the content restrictions set forth below in the Rules (as defined below). Such User-Generated Content submitted by you or others need not be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Service or elsewhere.

5. Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content, (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant Apex Baptist the rights to it that you are granting by these Terms and any Additional Terms, all without any Apex Baptist obligation to obtain consent of any third party and without creating any obligation or liability of Apex Baptist; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to Apex Baptist’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms (including the Rules) or any Additional Terms, or cause injury or harm to any person.

6. Enforcement. Apex Baptist has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at Apex Baptist’s cost and expense, to which you hereby consent and irrevocably appoint Apex Baptist as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
 
 IX. COMMUNITY USAGE RULES

1. Rules. As a user of the Service, these Community Usage Rules (“Rules”) are here to help you understand the conduct that is expected of members of the Service’s online communities (“Communities”). Your participation in the Communities is subject to all of the Terms, including these Rules:

a. Your User-Generated Content. All of your User-Generated Content either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any Additional Terms. Your User-Generated Content may not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User-Generated Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User-Generated Content or has any rights to your User-Generated Content, or if anyone appears or is referred to in the User-Generated Content, then you must also have their permission to submit such User-Generated Content to Apex Baptist. (For example, if someone has taken a picture of you and your friend, and you submit that photo to Apex Baptist as your User-Generated Content, then you must obtain your friend’s and the photographer’s permission to do so.)

b. Act Appropriately. All of your Service activities must be venue appropriate, as determined by us. Be respectful of others’ opinions and comments so we can continue to build Communities for everyone to enjoy. If you think your User-Generated Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the Service. Expletives, cursing, and profanity as well as harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User-Generated Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap. Your User-Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.

c. Do Not Use for Commercial or Political Purposes. Your User-Generated Content must not advertise or promote a product or service not endorsed by us or other commercial activity for profit, or a politician, public servant, or law.

d. Do Not Use for Inappropriate Purposes. Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity.

e. Be Honest and Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate any other person, user, or company, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.

f. Others Can See. We hope that you will use the Communities to exchange information and content and have venue appropriate discussions with other members. However, please remember that the Communities are public or semi-public and User-Generated Content that you submit on the Service within a Community may be accessible and viewable by other users. When using a completely open, public forum we make available do not submit personally identifying information (e.g., first and last name together with password, phone number, address, credit card number, medical information, email address, or other personally identifiable information or contact information). When engaging in semi-public forums you may be sharing portions of information we let you know will be included from your Profile but take care when disclosing and do not disclose other personally identifying information such as medical information, social security number, credit card numbers, or any other information that you would not want to be shared, etc.).

g. Don’t Share Other Peoples’ Personal Information. Your participation on our Site or User-Generated Content should not reveal another person’s address, phone number, email address, Social Security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by Apex Baptist.

h. Don’t Damage the Service or Anyone’s Computers or Other Devices. Your User-Generated Content must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Service or any computer or other Device. If you submit User-Generated Content that Apex Baptist reasonably believes violates these Rules, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User-Generated Content in question being removed from the Service.

i. Only Contact Other People Through the Service. You may use our Service to communicate with your members/constituents/followers (“Members”) in accordance with these Terms, our Privacy Policy, and all applicable laws. All communication must occur through our Service. You may not send any messages to our users that contain illegal, illicit, harassing, harmful, inappropriate, or hateful content. You must honor all requests to opt-out of receiving communications.

2. Your Interactions with Other Users; Disputes. You are solely responsible for your interaction with other users of the Service, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.

3. Alerting Us of Violations. If you discover any content that violates these Terms, then you may report it to us at legal@apexbaptist.org. For alleged infringements of intellectual property rights, see Section XII below.
 
 X. SERVICE AND CONTENT USE RESTRICTIONS

1. Service Use Restrictions. You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products or services); (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Apex Baptist; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Apex Baptist, or other users of the Service; (vi) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the User-Generated Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any Additional Terms.

2. Content Use Restrictions. You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser (e.g. Chrome or Internet Explorer) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content (other than to the extent of your permitted use of the Apex Baptist Licensed Elements, if applicable); (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Apex Baptist or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.

3. Availability of Service and Content. Apex Baptist may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in Apex Baptist’s sole discretion, and without advance notice or liability.

4. Reservation of All Rights Not Granted as to Content and Service. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Apex Baptist and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.
 
 XI. ACCOUNTS AND PROFILES


1. Accounts. In order to access or use some of the features on the Service (e.g. making a Donation, participating in one of our Communities, etc.), you must first register through our online registration process. The Service’s practices governing any resulting collection and use of your personal information are disclosed in its Privacy Policy. If you are under the age of sixteen (16), then you are not permitted to register as a user, create a Profile or otherwise use the Service or submit personal information to us. If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration and you agree that: (i) you will not use a username (or email address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive (We may reject the use of any password, username, or email address for any other reason in our sole discretion); (ii) you will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it including on your Profile, continuously and promptly to keep it accurate, current, and complete; (iii) you are solely responsible for all activities that occur under your account, password, and username whether or not you authorized the activity; (iv) you are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Service using your name, username, or password; (v) you will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) you will not sell, transfer, or assign your account or any account rights. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it by discretion, for any reason, and without advance notice or liability.

2. Profiles. Use of your Profile may not include any form of prohibited User-Generated Content or of our Rules. Without limiting the foregoing, a Profile may not include content that you are attempting to sell through the Service, and cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, contests or other promotions absent our prior written consent. We may offer you the ability to set preferences relating to your profile or Service activities, but settings may not become effective immediately or be error free, and options may change from time-to-time. We assume no responsibility or liability for users’ profile material. A Profile may only be set up by an individual or an authorized representative of the group, association or entity that is the subject of the Profile. We do not review Profiles to determine if they were created by an appropriate party, and we are not responsible for any unauthorized Profile Pages that may appear on the Service. If there is any dispute as to whether a Profile has been created or is being maintained by an authorized representative of the individual, group, association or entity that is the subject of that Profile, then we shall have the sole right, but are not obligated, to resolve such dispute as we determine is appropriate in our sole discretion. Such resolution may include, without limitation, deleting or disabling access to the Profile, or any portion thereof, at any time without notice.
 
XII. DMCA COPYRIGHT;  OTHER INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS; and CAN-SPAM.

1. Procedure for Alleging Copyright Infringement DMCA Notice. Apex Baptist will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following: (i) a legend or subject line that says: “DMCA Copyright Infringement Notice”; (ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears); (iv) your full name, address, telephone number, and email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and (vii) your electronic or physical signature. Apex Baptist will only respond to DMCA Notices that it receives by mail, email, or facsimile at the addresses below: By Mail: Apex Baptist Church, ATTN: DMCA Agent, 110 South Salem Street, Apex, NC 27502 or by email: dmca@apexbaptist.org. It is often difficult to determine if your copyright has been infringed. Apex Baptist may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Apex Baptist may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification. Without limiting Apex Baptist’s other rights, Apex Baptist may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website owned or operated by Apex Baptist.

2. Counter-Notification. If access on the Service to a work that you submitted to Apex Baptist is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification must contain the following information: (i) a legend or subject line that says: “DMCA Counter-Notification”; (ii) a description 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 to it was disabled (please include the URL of the Service from which the material was removed or access to it disabled); (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iv) your full name, address, telephone number, email address, and the username of your account; (v) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Middle District of North Carolina), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and (vi) your electronic or physical signature. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

3. Procedure for Alleging Infringement of Other Intellectual Property. If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice to the addresses set forth above that includes all of the following: (a) a legend or subject line that says: “Intellectual Property Infringement Notice”; (b) a description of the intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears); (d) your full name, address, telephone number, and email address; (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law; (f) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and (g) your electronic or physical signature. We will act on such notices in our sole discretion. Any user of the Service that fails to respond satisfactorily to Apex Baptist with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.

4. Compliance with the CAN-SPAM Act.  You agree to abide by the CAN-SPAM Act (15 U.S.C. §§7701-13) when utilizing the Site or Service and contacting other users via the Service or by email. You may not use the Site or  Service, to bombard individuals or groups with uninvited commercial email, sexually explicit commercial email, or engage in other activities in violation of the CAN-SPAM Act, such as, but not limited to: (a) harvesting email addresses from the Site or the Service; (b) falsifying or using misleading header information; or (c) using deceptive subject lines. You may not promote our products or services through uninvited commercial emails without out express written consent.
Apex Baptist will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages of any kind resulting from your and any user's failure to adhere to the CAN-SPAM Act or any other applicable laws. You agree to indemnify, defend, and hold harmless Apex Baptist, its affiliates, officers, directors, employees, consultants, and agents from any and all third party claims, liability, damages, and/or costs (including, but not limited to, attorneys' fees) arising from your activities in violation of the CAN-SPAM Act or any other applicable laws. The terms of these Terms will inure to the benefit of Apex Baptist’s successors, assignees, and licensees. You covenant to cooperate fully in the defense of any claim. However, Apex Baptist reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification as provided for herein and you shall not in any event settle any matter without our express written consent.
 
XIII. NOTICES, QUESTIONS AND CUSTOMER SERVICE

You agree that: (1) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice, or a link to the notice, on our Site’s home page, another location we deem appropriate; and (2) if you supplied us with a mobile number we may contact you by push notification or text message to the phone number you supply to us. You agree to promptly notify us if you change your phone number by updating your profile pettings. All legal notices to us must be sent to legal@apexbaptist.org.

If you have a question regarding these Terms or the Service, you may contact Apex Baptist by sending an email to legal@apexbaptist.org, writing us at Apex Baptist Church, ATTN: Legal, 110 South Salem Street, Apex, NC 27502. You acknowledge that the provision of any support by Apex Baptist is at Apex Baptist’s sole discretion and that we have no obligation to provide you with support of any kind, except to answer any questions you may have about these Terms. We may provide you with customer support from time to time, at our sole discretion, provided that you have created an account and that you submit your customer support inquiries using such account.

XIV. LINKS BY YOU TO THE SERVICE

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with Apex Baptist or cause any other confusion, and (c) the links and the content on your website do not portray Apex Baptist or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Apex Baptist. Apex Baptist reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

XV. THIRD-PARTY SITES

1. Links to Third Party Sites. The Service may contain third party plug-ins and/or applications, and/or links to third-party websites that are not owned, controlled or operated by Apex Baptist, and the Service may also include links to third-party ads on the Service or otherwise, to or from third-party websites (collectively, “Third-Party Sites”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Apex Baptist. Apex Baptist may have no control over the content, operations, policies, terms, or other elements of Third-Party Sites, and Apex Baptist does not assume any obligation to review any Third-Party Sites. Apex Baptist does not necessarily endorse, approve, or sponsor any Third-Party Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Apex Baptist is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third-Party Sites. Finally, Apex Baptist will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Third-Party Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Sites. Apex Baptist disclaims all liability in connection therewith.

2. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third-Party Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Apex Baptist disclaims all liability in connection therewith.

XVI. WIRELESS AND LOCATION-BASED FEATURES

1. Wireless Features. We offer or may offer you the opportunity to access portions of the Service, including making a Donation or participating in one of our Communities, via your Device. These features may also include the ability upload content to the Service, receive messages from the Service, and download applications to your Device (collectively, “Wireless Features”). Standard messaging, data, and other fees and charges may be charged by your carrier to participate in Wireless Features. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.

2. Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered, we may send communications to your Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Service for Wireless Features, then you agree to notify Apex Baptist of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes.

3. Location-Based Features. If you have enabled GPS, geo-location or other location-based features on any mobile app(s) or feature(s), you acknowledge that your Device location will be tracked and may be shared with others consistent with the Privacy Policy.

XVII. DISPUTE RESOLUTION

1. General. Certain portions of this Section XVII are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Apex Baptist agree that we intend that this Section XVII satisfies the “writing” requirement of the Federal Arbitration Act. If you do not want to arbitrate disputes with Apex Baptist and you are an individual, you may opt out of this arbitration agreement by sending an email to legal@apexbaptist.org within thirty (30) days of the first of the Last Revised Date of these Terms or of the date you first access or use the Service, whichever is later.

2. First Try to Resolve Disputes and Intellectual Property Claims. If any controversy, allegation, or claim arises out of or relates to the Service, the Content, your User-Generated Content, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Apex Baptist’s actual or alleged intellectual property rights (an “Intellectual Property Claim”, which includes those actions set forth in Section XVII.6), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Intellectual Property Claim, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section XVII.2. Your notice to us must be sent to: apexbaptist.org, 110 South Salem Street, Apex NC 27502. For a period of sixty (60) days from the date of receipt of notice from the other party, Apex Baptist and you will engage in a dialogue in order to attempt to resolve the Dispute or Intellectual Property Claim, though nothing will require either you or Apex Baptist to resolve the Dispute or Intellectual Property Claim on terms with respect to which you and Apex Baptist, in each of our sole discretion, are not comfortable.

3. Forums for Alternative Dispute Resolution Arbitration. If we cannot resolve a Dispute as set forth in Section XVII.2 within sixty (60) days of receipt of the notice, then either you or we may submit the Dispute to formal arbitration in accordance with this Section XVII.3. If we cannot resolve an Intellectual Property Claim as set forth in Section XVII.2 within sixty (60) days of receipt of the notice, then either you or we may submit the Intellectual Property Claim to formal arbitration only if you and Apex Baptist consent, in a writing signed by you and an officer or legal representative of Apex Baptist, to have that Intellectual Property Claim subject to arbitration. In such a case, (and only in such a case), that Intellectual Property Claim will be deemed a “Dispute” for the remainder of this Section XVII.3. Upon expiration of the applicable sixty (60) day period (the “Initial Dispute Expiration Date”) and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance the binding arbitration rules promulgated under the North Carolina Revised Uniform Arbitration Act (the "Arbitration Act"). The decision of the arbitrator shall be final and binding on all parties to that proceeding and a judgment upon the arbitrator's award may be entered in any court having jurisdiction thereof. The arbitration shall be held in Wake County, North Carolina. Notwithstanding any provisions of the Arbitration Act to the contrary: (a) the parties shall be entitled to conduct discovery as provided under the North Carolina Rules of Civil Procedure so long as that discovery is concluded within ninety (90) days of the Initial Dispute Expiration Date unless otherwise ordered by the arbitrator; and (b) the arbitrator shall have the authority to award injunctive relief and to impose sanctions under NCRCP Rule 37 and other applicable rules. All Disputes relating to discovery which cannot immediately be resolved by the parties shall be submitted to the arbitrator for an expedited ruling. The arbitration shall be conducted by a single arbitrator mutually acceptable to the parties, or, if the parties are unable to agree upon a single arbitrator within twenty (20) days of the Initial Dispute Expiration Date, then by a single arbitrator appointed by a Wake County Superior Court Judge. Unless the arbitrator awards otherwise, the cost of the arbitration shall be ratably borne by the parties to the proceeding. If it is determined that the Arbitration Act does not apply then you agree, to the fullest extent permitted by applicable law, then such Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than fifteen (15) years’ experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, or if Apex Baptist elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three-member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party-appointed members or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of these Terms and any Additional Terms, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award. You can obtain AAA procedures, rules, and fee information at http://www.adr.org/).

4. Nature, Limitations, and Location of Alternative Dispute Resolution. The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to Section XVII.8 below. In arbitration, as with a court, the arbitrator must honor the terms of these Terms (and any Additional Terms) and can award the prevailing party damages and other relief (including attorneys’ fees). However, with arbitration (a) there is no judge or jury, (b) the arbitration proceedings and arbitration outcome are subject to certain confidentiality rules, and (c) judicial review of the arbitration outcome is limited. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required in any other location than Wake County, North Carolina, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Apex Baptist to pay a greater portion or all of such fees and costs in order for this Section XVII to be enforceable, then Apex Baptist will have the right to elect to pay the fees and costs and proceed to arbitration, or to decline to do so and have the matter resolved through the courts. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act.

5. Limited Time to File Claims. To the fullest extent permitted by applicable law, if you or we want to assert a Dispute (but not an Intellectual Property Claim) against the other, then you or we must commence it (by delivery of written notice as set forth in Section XVII.2) within one (1) year after the dispute arises or it will be forever barred.

6. Injunctive Relief. The foregoing provisions of this Section XVIII.2 will not apply to any legal action taken by Apex Baptist to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Content, your User-Generated Content and/or Apex Baptist’s intellectual property rights (including such Apex Baptist may claim that may be in dispute), Apex Baptist’s operations, and/or Apex Baptist’s products or services.

7. Small Claims Matters Are Excluded From Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Intellectual Property Claims) in small claims court, subject to Section XVII.9.

8. No Class Action Matters. Any claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). Each of us expressly waive any ability to maintain any Class Action in any forum. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to Section XVII.3 holds that this restriction is unconscionable or unenforceable, then our agreement in Section XVII.3 to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section XVII.9. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

9. Federal and State Courts in Raleigh, North Carolina. Except to the extent that arbitration is required in Section XVII.3, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Intellectual Property Claims may only be instituted in state or federal court in Wake County, North Carolina. Accordingly, you and Apex Baptist consent to the exclusive personal jurisdiction and venue of such courts for such matters.
 
XVIII. DISCLAIMER

Your access to and use of the Service is at your sole risk. The Service is provided on an “as is”, “as available”, and “with all faults” basis. Therefore, to the fullest extent permissible by law, Apex Baptist, Inc. and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (each, a “Apex Baptist Party” and collectively, “Apex Baptist Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: (a) the Service (including the Content and the User-Generated Content); (b) the functions, features, or any other elements on, or made accessible through, the Service; (c) any memberships, membership packages, subscriptions, products, services, or instructions offered or referenced at or linked through the Service; (d) security associated with the transmission of your User-Generated Content transmitted to Apex Baptist or via the Service; (e) whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device); (f) whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable; (g) whether any defects to or errors on the Service will be repaired or corrected; (h) whether your access to the Service will be uninterrupted; (i) whether the Service will be available at any particular time or location; and (j) whether your use of the Service is lawful in any particular jurisdiction. Except for any specific warranties provided herein or in Additional Terms provided by an Apex Baptist Party, Apex Baptist Parties hereby further disclaim all warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, non-infringement or misappropriation of intellectual property rights of third parties, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

XIX. LIMITATION ON LIABILITY

1. Limitations of Our Liability. Under no circumstances will any Apex Baptist Parties be responsible or liable for any loss or damages of any kind, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to: (a) the Service (including, without limitation, the Content, User-Generated Content, or your participation in any Communities); (b) your use of or inability to use the Service, or the performance of the Service; (c) any action taken in connection with an investigation by Apex Baptist Parties or law enforcement authorities regarding your access to or use of the Service; (d) any action taken in connection with copyright or other intellectual property owners or other rights owners; (e) any errors or omissions in the Service’s technical operation; or (f) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction. You understand that we monitor your personal information within our network using certain proprietary technologies and database information owned by or under license to us, but not all transactions, including those that might entail the potentially fraudulent use of your information, may be monitored and the scope of the network utilized by us to monitor your personal information may change. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Apex Baptist Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Service). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.

2. General Limitations on Liability. Except as may be provided in any Additional Terms, to the fullest extent permitted by applicable law, in no event will Apex Baptist Parties’ total liability to you, for all possible damages, losses, and causes of action in connection with your access to and use of the Service and your rights under these Terms, exceed an amount equal to the amount you have paid Apex Baptist in connection with the action(s) that underlie the claim(s); provided, however, this provision will not apply if a tribunal with applicable jurisdiction finds such to be unconscionable. For purposes of clarity, the prior sentence does not expand or limit any express, written product warranty that is provided by Apex Baptist or a manufacturer of a physical product.

3. Waiver of Injunctive or Other Equitable Relief. If you claim that you have incurred any loss, damages, or injuries in connection with your use of the Service, then the losses, damages, and injuries will not be irreparable or sufficient to entitle you to an injunction or to other equitable relief of any kind. This means that, in connection with your claim, you agree that you will not seek, and that you will not be permitted to obtain, any court or other action that may interfere with or prevent the development or exploitation of any website, application, Content, User-Generated Content, product, Service, or intellectual property owned, licensed, used or controlled by Apex Baptist (including your licensed User-Generated Content) or a licensor of Apex Baptist.
 
XX. MINORS, CHILD ONLINE PROTECTION ACT NOTIFICATION.

1. General. If you permit any minor child to use this Website, you will be solely responsible for: (i) the online conduct of such minor child; (ii) the monitoring of such minor child's access to and use of the Website; and (iii) the consequences of any such usage.

         2.      Child Online Protection Act Notification. Pursuant to 47 U.S.C. Section 230(d), as amended, Apex Baptist hereby notifies you that parental control protections (such as computer software, hardware and filtering services) are commercially available for you to purchase. These protections may assist you in limiting access to material that could be harmful to minors.
 
 XXI. GENERAL PROVISIONS

1. Apex Baptist’s Consent or Approval. As to any provision in these Terms or any Additional Terms that grants Apex Baptist a right of consent or approval, or permits Apex Baptist to exercise a right in its “sole discretion,” Apex Baptist may exercise that right in its sole and absolute discretion. No Apex Baptist consent or approval may be deemed to have been granted by Apex Baptist without being in writing and signed by an officer of Apex Baptist.

2. Applicable Law. These Terms and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Intellectual Property Claims will be resolved in accordance with, the laws of the State of North Carolina (or the arbitration laws of the Arbitration or AAA if applicable), without regard to its conflicts of law provisions.

3. Indemnity. You agree to, and you hereby, defend, indemnify, and hold Apex Baptist Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Apex Baptist Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User-Generated Content; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Apex Baptist Parties’ use of the information that you submit to us (including your User-Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Apex Baptist Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Apex Baptist Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Apex Baptist Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of an Apex Baptist Party.

4. Operation of Service; Availability of Products and Services; International Issues. Apex Baptist controls and operates the Service from its U.S.-based offices in the United States, and Apex Baptist makes no representation that the Service is appropriate or available for use beyond the United States. If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Service may describe products and services that are available only in the United States (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.

5. Export Controls. Software related to or made available by the Service may be subject to export controls of the United States. No software from the Service may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which the United States has embargoed goods, software, technology or services (which, as of the effective date of these Terms, includes Cuba, North Korea, Iran, Sudan, and Syria), or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls, including as set forth in subsections (i)-(iii) above.

6. Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms or any Additional Terms, the word will be deemed to mean “including, without limitation.” The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.

7. Communications. When you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

8. Investigations; Cooperation with Law Enforcement; Termination; Survival. Apex Baptist reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any Additional Terms, (iii) investigate any information obtained by Apex Baptist in accordance with its Privacy Policy in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any Additional Terms, and (vi) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Apex Baptist under these Terms or any Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from Apex Baptist, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Apex Baptist in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

9. Assignment. Apex Baptist may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Apex Baptist.

10. No Waiver. Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by you or Apex Baptist in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

11. U.S. Government Restricted Rights. If you are a government end user, then this provision applies to you. The Service provided in connection with these Terms has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as “commercial items,” “commercial computer site” and/or “commercial computer site documentation.” Consistent with DFARS section 227.7202 and FAR section 12.212 and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by these Terms and shall be prohibited except to the extent expressly permitted by these Terms.

12. Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.

13. Terms Applicable for Apple iOS. If you are accessing or using the Service through an Apple Inc. (“Apple”) Device or via an app downloaded from the Apple App Store, the following additional terms and conditions are applicable to you and are incorporated into the Terms by reference. To the extent the other terms and conditions of the Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to an app from the Apple App Store. To the extent that you are accessing the Service through an Apple Device or via an app downloaded from the Apple App Store, you acknowledge that these Terms are entered into between you and Apex Baptist and, that Apple is not a party to these Terms other than as third-party beneficiary as contemplated below. Your use of the app must comply with the Apple App Store Terms of Use. The license granted to you in Section V.3 of these Terms is subject to the permitted Usage Rules set forth in the Apple App Store Terms of Use (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the Service. You acknowledge that Apex Baptist, and not Apple, is responsible for providing the Service and Content. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the app to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and Apex Baptist and that Apex Baptist, and not Apple, is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Service fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Further, you agree that if the Service, or your possession and use of the Service, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.

14. Entire Agreement. These Terms, including the documents expressly incorporated by reference, constitute the entire agreement between you and us with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Service; provided, however that these Terms are in addition to, and do not replace or supplant, our Privacy Policy. These Terms may only be modified as set forth herein.

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