MinistryTracker.com

Acceptance of Terms of Use

These Terms of Use govern your use of the MinistryTracker.com service and Web site. MinistryTracker.com is a service of Phipps Custom Solutions, LLC. By using, visiting, or browsing the MinistryTracker.com Web site, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the MinistryTracker.com service or Web site. These Terms of Use are an ongoing contract between you and MinistryTracker.com, a service of Phipps Custom Solutions, LLC. and apply to your use of the MinistryTracker.com service and Web site. These Terms of Use affect your rights and you should read them carefully.

Changes to Terms of Use

MinistryTracker.com, a service of Phipps Custom Solutions, LLC, reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the MinistryTracker.com Web site. The most current version of the Terms of Use will supersede all previous versions. Your use of the MinistryTracker.com Web site or continued use of our service after changes are made means that you agree to be bound by such changes.

Privacy

Any information submitted on the MinistryTracker.com Web site is subject to our Privacy Policy the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.

How Our Service Works

MinistryTracker.com is an online subscription service providing its members with access to tools, resources, and a database for storing, viewing, and editing information important to youth and adult ministry. We offer a number of subscription prices dependant on the number of Areas (ministries) in your organization and if you want to be billed monthly or pay for the year in advance. Subscribers are given a custom Web address that they use for all subsequent interactions with the MinistryTracker.com Web site. Below is a description concerning the operation of our service. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service.

Organziations and Areas

All MinistryTracker.com subscriptions are priced based on the number of Areas you are subscribing. An organization is the entity that is given control over the addition, deletion, or editing of Areas. The individual that subscribes to MinistryTracker.com (Organization Subscriber) is given the organization username and password that has complete access and control over all subsequent data entered into MinistryTracker.com including the number of areas that are part of the organization. An organization in itself cannot use MinistryTracker.com, there must be at least one Area for each organization. The Organization Subscriber is given the privileges to create additional areas or edit existing areas created at the time of subscription. Each Area should be created to have a Director or staff member who is given full permissions for the Area. Director's can subsequently add or remove area staff, students, and change the Area preferences. Additional staff accounts can be created for each area staff or volunteer. All accounts created under an organization are subject and bound to this Terms of Use. There are no limits to the number of Areas that can be created, however, each Area created that is not in your allocated Area limit for your subscription plan, will change your subscription plan and the new subscription plan will be subject to the prices currently in place at that time.

Staff Accounts

MinistryTracker.com allows you to create an unlimited number of staff accounts (see additional information in the "Staff Profiles" section below). Each staff account is bound by this Terms of Use. Staff accounts should use the custom Web address given to your organization to access MinistryTracker.com.

Records

MinistryTracker.com does not limit the number of records for any information you store at the MinistryTracker.com Web site. Excessive use, automated use, or any other use that MinistryTracker.com deems in our sole discretion to be disruptive or harmful to other MinistryTracker.com users will not be permitted and those accounts will be terminated with or without notice.

Usage

One of the core advantages of a Web-based system like MinistryTracker.com is that we allow all of your staff, or just one, to use our system at the same time. MinistryTracker.com does not limit the number of users that may use our system concurrently. Please be aware that multiple users that attempt to access or edit the same record may experience delays, incorrect record information, or inconsistent updates. We recommend against accessing the same records for editing by two or more users at the same time.

Free Trials

If and when MinistryTracker.com decides to offer free trials, the free trials will last for one month for eligible new subscribers. Free trials are only available to first time customers of the MinistryTracker.com service and cannot be combined with any other offer. Only one free trial may be redeemed per organization. You must have Internet access and a valid payment method to redeem a free trial offer. Upon registering for your free trial, your credit card or other payment method will be authorized but not charged for one month of service. In some instances, your available balance or credit limit may reflect the authorization; however, no charges will be made against the credit card or other payment method unless you do not cancel prior to the end of your free trial period. We will begin billing your credit card for monthly or yearly subscription fees corresponding to your subscription plan plus any applicable tax at the end of your free trial period unless you cancel prior to the end of your free trial. You will not receive a notice from us that your free trial has ended or that your paying subscription has begun. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OFFER TO AVOID CHARGES TO YOUR CREDIT CARD OR OTHER PAYMENT METHOD. We will continue to bill your credit card or other payment method on a monthly basis for your subscription plan until you cancel. You may cancel your subscription at anytime. We offer a number of subscription plans, including special promotional plans. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.

Billing

By using the MinistryTracker.com service, you are expressly agreeing that we are permitted to bill you a monthly subscription fee (if subscribed to a monthly plan) or a yearly fee (if subscribed to a yearly plan), any applicable tax and any other charges you may incur in connection with your use of the MinistryTracker.com service. Additional charges may include data import charges, custom report purchases, custom data extraction purchases you make, or service level changes you request. As used in these Terms of Use, "billing" shall indicate either a charge against your credit card. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal (if subscribed to a monthly plan) or on each yearly renewal (if subscribed to a yearly plan) thereafter unless and until you cancel your membership. Your next renewal period is shown in "Your Account" that can be accessed by clicking "Your Account" at the bottom of any MinistryTracker.com screen once you've logged in. We will automatically bill your credit card each month on the calendar day corresponding to the commencement of your membership or for yearly plans each year on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we will bill your credit card on the last day of such month. For example, if you became a paying member on January 31st, your credit card would next be billed on February 28th. All fees and charges are nonrefundable and there are no refunds for partially used periods. Any new Areas that are created above and beyond your current subscription limit, will be billed on a pro-rated basis at your next billing period (if subscribed to a monthly plan) or immediately (if subscribed to a yearly plan). Additional Areas will then be added to your subscription plan on the date of the renewal period. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail.

Automatic Renewals

Your MinistryTracker.com subscription will be automatically renewed on a monthly basis if you subscribed to a monthly plan, or it will be automatically renewed on a yearly basis if you subscribed to a Year-in-Advance plan. We will bill the monthly or yearly subscription fee plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information). Your membership will automatically renew for successive monthly or yearly subscriptions (based on your subscription plan), without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month if you are subscribed to a monthly plan, or before it renews each year if you are subscribed to a yearly plan, in order to avoid billing of the next month or year's subscription fees to your credit card. It is your responsibility, with or without notice from MinistryTracker.com, to keep your credit card number, expiration date, and card security code current in the MinistryTracker.com system. If there is a change in your credit card validity or expiration date, you may edit your credit card information by clicking on "Your Account" at the bottom of any MinistryTracker.com page once you've logged in. If your credit card reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts.

Cancellation

You may cancel your subscription to MinistryTracker.com at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH OR PARTIAL-YEAR SUBSCRIPTION PERIODS. To cancel, contact MinistryTracker.com Customer Support in writing via email or the U.S. Postal Service. Upon cancellation, you will be given seven (7) days to download any data you have stored in MinistryTracker.com using existing download features. Failure download your data will result in the data being permanently removed from the MinistryTracker.com system. We reserve the right to terminate your account for any or no reason.

Identity Protection

You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You may choose to share your account with other people by providing them your password. However, if you decide to share your account with other people, you take full responsibility for their actions. Users of public or shared computers should log out at the completion of each visit to the MinistryTracker.com Web site. If you find that you're a victim of identity theft and it involves a MinistryTracker.com account, you should notify customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. MinistryTracker.com reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. MinistryTracker.com is not obligated to credit or discount a membership for holds placed on the account by either a representative of MinistryTracker.com or by the automated processes of MinistryTracker.com.

Disclaimers of Warranties and Limitations on Liability

The MinistryTracker.com service and Web site and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the MinistryTracker.com Web site, its contents or our service. We assume no liability or responsibility for any errors or omissions in the content of the MinistryTracker.com Web site, any failures, delays, or interruptions MinistryTracker.com service, delivery of any content contained on the MinistryTracker.com Web site, any losses or damages arising from the use of the content provided on the MinistryTracker.com Web site, or any conduct by users of the MinistryTracker.com service or Web site. We reserve the right to refuse MinistryTracker.com services at our sole and absolute discretion. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. In no event shall MinistryTracker.com, its directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the MinistryTracker.com Web site, its contents or our service. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Copyright

All content included on the MinistryTracker.com Web site and delivered to subscribers as part of the service, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of MinistryTracker.com, or its suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of MinistryTracker.com, and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from MinistryTracker.com, or its suppliers. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the MinistryTracker.com Web site, not to insert any code or product or manipulate the content of the MinistryTracker.com Web site in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. MinistryTracker.com reserves the right to terminate your membership hereunder if MinistryTracker.com, in its sole and absolute discretion, believes that you are in violation of this paragraph.

Trademarks

MinistryTracker.com is a trademark of MinistryTracker.com. The MinistryTracker.com logo, Student Sign-In, and the phrase Ultimate Student Management are trademarks or service marks of MinistryTracker.com.

The MinistryTracker.com Web site, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of MinistryTracker.com. The trademarks, service marks and trade dress of MinistryTracker.com may not be used or reproduced without prior written approval from MinistryTracker.com and may not be used in connection with any product or service that is not affiliated with MinistryTracker.com, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of MinistryTracker.com, or in any manner that disparages or discredits MinistryTracker.com. Other trademarks that appear on the MinistryTracker.com Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MinistryTracker.com. Any images of persons or personalities contained on the MinistryTracker.com Web site are not an indication or endorsement of MinistryTracker.com or any particular product or our service unless otherwise indicated.

Use of Information Submitted

MinistryTracker.com, is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to MinistryTracker.com ("Content"), including, without limitation, responses to questionnaires or through postings to the MinistryTracker.com Web site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the MinistryTracker.com Web site or other Web sites. Furthermore, by posting any Content on our site, submitting Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future.

Please note MinistryTracker.com does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to MinistryTracker.com. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against MinistryTracker.com and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Service Testing

From time to time, we test various aspects of our service, including service levels, plans, promotions and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

Electronic Communications

By using the MinistryTracker.com service, you consent to receiving electronic communications from MinistryTracker.com. These communications will include notices about your account (e.g., order confirmation e-mails and other transactional information) and information concerning or related to our service, such as updated features, information or offerings. These communications are part of your relationship with MinistryTracker.com and you receive them as part of the MinistryTracker.com subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Your Conduct on the MinistryTracker.com Web Site

By accessing the MinistryTracker.com Web site, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the MinistryTracker.com Web site. You also agree not to interfere with the servers or networks connected to the MinistryTracker.com Web site or to violate any of the procedures, policies or regulations of networks connected to the MinistryTracker.com Web site, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the MinistryTracker.com Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the MinistryTracker.com Web site for any unlawful purpose.

Limitations on Use

You must be 18 years of age or older to subscribe to the MinistryTracker.com service. While individuals under the age of 18 may utilize the service, they may do so only with the the sole purpose of using Student Sign-InSM. While MinistryTracker.com does allow children to use the service in order to Sign-In, we do not intentionally seek to collect information from individuals 13 years of age and younger. Unless otherwise specified, the content on the MinistryTracker.com Web site is for your limited commercial use and we grant you a limited license to access the MinistryTracker.com Web site for that purpose. You may not download (other than through page caching necessary for page viewing), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the MinistryTracker.com Web site without our express written consent. Any unauthorized use of the MinistryTracker.com Web site or its contents will terminate the limited license granted by us.

Online Event Payments

By choosing to use the Online Event Payments you are authorizing MinistryTracker.com to collect funds from your users. All fees associated with the collection of funds, including but not limited to, Credit Card transaction fees, EFT transfer fees, NSF/Returned Item fees, and charge back fees are your responsibility. MinistryTracker.com will make every effort to collect these fees as part of the total payment amounts, but you are ultimately responsible for any and all fees associated with any transactions associated with your events. MinistryTracker.com will not refund any payments. Any refunds must be handled by your ministry. Funds collected via the online payment system will be available to your ministry after they "settle" in our collection account. Most transactions take 3-4 business days to clear the Federal Reserve. Funds will not be disbursed until they have settled. Funds will be dispersed via paper check or EFT to a checking or savings account. Regular U.S. Mail will be used to deliver paper checks unless your ministry would like to pay for faster Mail service. Fund dispersal must be requested via email, phone, or the Web interface for requesting dispersal. You are allotted one free disperal per event. After the first disperal each additional dispersal for the same event will be charged $1.00 (which will be deducted from the total dispersal amount) to cover postage, paper, and handling.

Staff Profiles

MinistryTracker.com allows you to create separate staff accounts under each subscription plan. Each staff account will be able to have its own username and password for accessing MinistryTracker.com.

To create a new staff account, the member who created the first MinistryTracker.com account and whose billing credit card is charged, known as the Account Owner, must click on the "Staff" link and click on "Add Staff" or when they create a new area enter the new Staff information as the new Director of the area. An Account Owner may create an unlimited number of additional staff accounts. As the Account Owner creates staff accounts they can choose to grant certain priviliges to the new staff member. One of the privilege levels allows staff to create additional staff accounts as well. All staff accounts are bound by this Terms of Use agreement.

The Account Owner has access and control over each staff account, including all of the information provided and features selected for that account such as the staff member's name, password, privileges, and contact information. The Account Owner's control over staff accounts is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. A staff account's individualized password, established by the Account Owner, allows each staff member to gain access to the tailored staff features. The Account Owner can see all information in all staff accounts. The Account Owner may terminate access to any staff account by changing the staff member's password and not disclosing this to that staff member. The staff member will not be able to log in upon his or her next attempt to do so.

BY ESTABLISHING STAFF ACCOUNTS, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT ALL STAFF MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE STAFF MEMBERS. For Account Holders setting up staff accounts for Children: While the staff member feature is not directed at collecting information from children under the age of 13, Account Owners who wish to create staff accounts for children to manage their MinistryTracker.com information are permitted to do so subject to our Terms of Use. BY CREATING A PROFILE FOR A CHILD, YOU ARE EXPRESSLY CONSENTING TO MINISTRYTRACKER.COM COLLECTING THE INFORMATION YOU PROVIDE IN ESTABLISHING THE STAFF ACCOUNT. THE PERSONALLY IDENTIFYING INFORMATION IS SUBJECT TO OUR PRIVACY POLICY. We reserve the right to modify the staff accounts feature at any time without notice.

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Limitations of Liability

MINISTRYTRACKER.COM CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. MINISTRYTRACKER.COM WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.

NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.

MINISTRYTRACKER.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND MINISTRYTRACKER.COM HEREBY EXPRESSLY DISCLAIMS THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY SOFTWARE PROVIDED TO CUSTOMER HEREUNDER IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. MINISTRYTRACKER.COM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.

Links

Some of the hyperlinks and banners on the MinistryTracker.com Web site may lead to other Web sites that are not controlled by, or affiliated with, MinistryTracker.com. In addition, other Web sites may link to the MinistryTracker.com Web site. MinistryTracker.com has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.

Claims of Copyright Infringement

It is the policy of MinistryTracker.com to respect the intellectual property rights of others. MinistryTracker.com does not promote, foster or condone copyright infringement or other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the MinistryTracker.com Web site, or know of someone who is making unauthorized use of the content of the MinistryTracker.com Web site, please notify us of your concern by submitting a written notice to us at the following address:

MinistryTracker.com
4609 Nooksack Loop
Mount Vernon, WA 98273
Attention: General Counsel

Your notice must be signed and contain the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material on the MinistryTracker.com Web site that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
5. A statement 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;
6. A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.

Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. For queries that are not related to copyright matters, please see other ways to contact us.

Disputes

You and MinistryTracker.com agree that the United States District Court for the Western District of Washington State and/or the Washington Superior Court for the County of Skagit shall have exclusive jurisdiction over any dispute between you and MinistryTracker.com relating in any way to the MinistryTracker.com service or Web site or these Terms of Use. You and MinistryTracker.com expressly and irrevocably consent to personal jurisdiction and venue in these courts.