When a Stripe account is connected to the ChurchTrac platform, we will have access to a limited set of data on that Stripe account. For example, Stripe shares certain data with ChurchTrac, allowing us to create charges on behalf of your donors, as well as providing us the necessary information to update your database when a contribution is received. ChurchTrac does not store or process card or bank account data on its servers, nor do we at any time have access to your bank account information or the financial information of your donors. Stripe shares a limited set of other data from connected accounts, which we may use to assist with troubleshooting or setup. Our access to this data is governed by our Privacy Policy.
When enabled by your church, ChurchTrac will ask a donor using a credit or debit card if they wish to increase their gift or contribution amount to help cover the estimated processing fees that will be charged by Stripe. You can turn this feature on or off in ChurchTrac's Online Giving Settings. When enabled, and when the donor chooses this option, ChurchTrac will estimate the Stripe fee by adding a flat 3% (three percent) plus 30 cents to the donor's original gift amount. The actual processing fee charged by Stripe may be different from the estimated fee calculated by ChurchTrac. When selected, the donor is not actually "paying" the Stripe fee on behalf of the church; they are simply increasing the amount of their donation to help the church cover the estimated fee that will be charged by Stripe. Ultimately, your church is solely responsible for the fees charged by Stripe. In no event will ChurchTrac be responsible or liable for fees or charges incurred by you in connection to using Stripe's services or ChurchTrac's Online Giving features. ChurchTrac does not collect or charge any fees associated with online giving, nor does ChurchTrac receive any part of the fee charged by Stripe.
ChurchTrac provides various settings and options to help secure your Stripe account from fraud, including our recommended settings of requiring donors to register and requiring donors to be approved before they can give online. You are ultimately responsible for any charges on your Stripe account, and for understanding the appropriate ChurchTrac settings and options to help secure your ChurchTrac and Stripe accounts.
We will not intentionally use, disclose, or distribute any portion of your Data without your consent beyond the purposes or uses reasonably contemplated or necessary for our performance under these Terms.
We use bank-grade SSL/TLS encryption to secure your Data from unauthorized access and have taken reasonable industry-standard steps to ensure your Data is secure. However, no system is completely immune from malicious attacks, equipment failure, acts of God, or unauthorized disclosure. You agree we cannot be responsible nor liable for any unauthorized disclosure or loss of your Data. In the event that your Data is subject to unauthorized disclosure or loss, your only recourse is to close your Account.
It is your responsibility to take precautions to prevent the unauthorized access or disclosure of your Data by third parties or those under your control including the users of your Account and all other of your agents and representatives. You should take precautions to safeguard your Account user names, passwords, Data and other proprietary materials. Any disclosure of any of the foregoing by you or your representatives shall be your sole responsibility, including without limit any of the following (i) The accessibility of printed reports obtained from the Service; (ii) A user who fails to log out of the Service, leaving their session available to others; (iii) Accessing the Service from a computer or device that is infected with malware; (iv) A user who shares their user name, password or other credentials with an unauthorized third party.
Your Church should carefully consider and select which users are granted access to the Service. It is your responsibility to grant and revoke access to users and user accounts within your Account. If a user is no longer authorized by you to access the Service, you should immediately remove or change that user's access credentials.
By using this Service, you agree that ChurchTrac employees or agents may access your Account and Data when deemed necessary. This access is limited to those who require it, typically for troubleshooting or technical support, and will be restricted to the extent necessary to perform the requested or required task. If you do not wish to allow this, you may restrict access by disabling Support Team access in Administrator Settings. However, even if Support Team access is disabled, portions of your data may still be accessed for error reporting, anonymous usage statistics, system diagnostics, or other operational purposes necessary to maintain and improve the Service.
We will generally not attempt to access or modify your Data, with the following exceptions: (i) updates to the Service may automatically edit or modify portions of your Data; (ii) portions of your Data may be made available to our developers as part of our error reporting process; (iii) in the event we are requested or required to do so by a law enforcement official or court of law; (iv) for the purpose of providing support, maintenance, repairs, or troubleshooting; (v) for the purpose of importing new Data provided by you. You agree that we are under no obligation to notify you if we access or modify your Data.
If your Data or any portion of your Data is provided to us through a support ticket, email, or other medium, we may not automatically delete the Data from that medium at the conclusion of the support incident. We may also retain a backup of your Data while your Account is active, and for a limited period after your Account becomes inactive. You may request in writing that we remove your Data from any or all mediums or any subset of your Data stored in your Account or in our backups. We will attempt to comply with this request within three business days.
We will never sell, rent, lease or provide your Data to any third party for any purpose beyond the provision of the Service or other uses reasonably necessary or contemplated under these Terms or other use or disclosure policies of ChurchTrac. We will not intentionally grant any third-party access to your Data or to your Account, except as is necessary to provide the functionality required for third-party integrations and features. For example, Stripe may require access to some of your donor's information, including name, email and other personally identifiable information in order to process a donation made to your church. Our messaging providers (including email, voice and SMS providers) may need access to names, email addresses and phone numbers of people in your database in order to send a message. If you do not wish to have your Data shared in this manner, you should not use or enable any features in the Service that require a third-party integration, including, but not limited to, messaging and online giving.
You should not enter sensitive information into the Service. This includes, but is not limited to, social security numbers, credit card numbers, healthcare information, bank account numbers and passwords. Information is stored in your database in such a way that it may be visible to other users of your database. Furthermore, in the event of a breach, this type of information could be unwittingly disclosed to third parties. If for some reason you absolutely need to store this type of data, you should not use the Service or any other database for this type of storage. This type of data is best kept offline under lock and key.
The ChurchTrac application, including our support pages, user guide, and blog pages may contain links to other third-party sites that are not affiliated with ChurchTrac. We are not responsible for examining or evaluating the content or accuracy of third-party sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
ChurchTrac reserves the right to deny service to any person, organization or entity at our sole and absolute discretion. We do not need to provide cause or reason of such denial of service.
You acknowledge that we may at any point choose to stop providing you with access to the Service or restrict or limit your use of the Service for any reason or no reason, at ChurchTrac's sole and absolute discretion.
We reserve the right to accept, limit, deny, cancel or reject registrations for access to the Service at any time without explanation or cause.
We reserve the right to immediately remove any Data or any Account which violates these Terms, or if the law, a court or other regulatory body requires it, or in any case that we deem appropriate or necessary.
Any attempt at hacking, reverse-engineering, penetration testing, excessive password-guessing, load testing, denial-of-service simulation, vulnerability scanning, or misuse of any kind will result in immediate termination of your account. Any attempts to access data belonging to another customer or another user (including, but not limited to hacking, phishing, sniffing, password guessing or brute force attacks) will result in immediate termination of your account and may also result in legal action against you. Please note that all access attempts are logged, and a record of your computer's unique IP address is recorded for such purposes.
Your ChurchTrac subscription will continue until canceled. You may cancel your subscription at any time by submitting our subscription cancelation form, which can be accessed from Admin Settings within the ChurchTrac application. Your request to cancel your subscription will be considered received on the date and time you submit the form. Once submitted, we will immediately stop billing on your account, with the exception that we may still perform a one-time charge for any billed but unpaid usage fees, such as messaging charges. Submitting the cancelation form will not stop any payments already in progress, nor are we able to refund prior payments that were charged before the form was submitted. We are unable to honor cancellation requests made by email or phone, as these are not monitored. You agree that we may retain your Data for a limited period of time, even after your cancelation is received, unless we also receive a request from you in writing to remove your Data per these Terms. Your Data may not be recovered once it has been removed from our systems.
Your access to the Service is non-transferable. Any prepaid, unused balance is non-transferable.
All provisions of these Terms which by their nature should survive termination of your Account shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. The cancellation or termination of your account, either by you or by ChurchTrac, does not negate or nullify your responsibilities and obligations under these Terms.
You may not resell the Service or charge a fee to any party to access the Service. You may not copy, rent, sub-license, sell or redistribute any portion of the Service, nor may you provide access to the Service to third parties outside your church.
You may not, without written permission from ChurchTrac, charge a fee to any third party in order to setup or provide access to the Service. You may not presume, imply or state that you represent or are affiliated with ChurchTrac in any way. You must not modify another website to falsely imply that it is associated with the Service or with ChurchTrac.
You understand that ChurchTrac uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service and/or provide the features offered in the Service.
You must not modify, adapt or hack the Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of ChurchTrac.
Verbal, physical, written or other abuse (including threats, threats of abuse or retribution) of any other ChurchTrac customer, any ChurchTrac employee or ChurchTrac officer will result in the immediate termination of your Account.
ChurchTrac does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any information, or other material obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
You will not upload, download, post, email or otherwise transmit or intentionally receive any content through the Service or the ChurchTrac website(s) that is unlawful, illegal, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's right to privacy, reveals private information about another person without the consent of that person, or may tend to incite others to undertake any of the foregoing activities, or violate any export or import regulations of the country of origin or receipt.
You will not use the Service or the ChurchTrac website(s) in a manner that violates any applicable law, rule, order, regulation, ruling or statute.
You will not use or access the Service or the ChurchTrac website(s) in any way that causes any harm to minors.
You will not upload, email, or transmit in any fashion any material though the Service or the ChurchTrac website(s) that contains software viruses, or that contains any computer code, files or programs, that are designed to destroy, limit, or interrupt the functionality of any computer software/hardware or telecommunications device/equipment.
We provide website, app and content hosting through the Service. You are responsible for your content, domain name, and ensuring compliance with applicable laws. We reserve the right to suspend or terminate hosting for excessive resource usage, security risks, or violations of these terms. We are not responsible for site downtime, data loss, or any damages resulting from your use of the Service, which is provided "as is" without any warranties.
We offer a one-time, paid website build service that includes creating and setting up a basic Church Connect website based on your selection of one of our pre-designed templates. Functionality is limited to the capabilities and features of our platform. Once delivered, you are responsible for maintaining content updates, as ongoing maintenance or design changes are not included in your subscription. The build service fee is non-refundable.
You may use your own domain name with our hosting services, but you are responsible for all domain registrar fees, including annual renewals and any optional services. These costs are not included in your subscription. Failure to renew your domain may result in your site becoming inaccessible or losing the domain name. We do not provide email services for your domain; if you need email accounts, you must set them up through your domain registrar or a third-party provider. While we will assist when possible, you are solely responsible for managing and maintaining all DNS settings to keep your site active.
To maintain security and stability, you may not add script tags, embed custom JavaScript, or include other high-risk content that could affect site functionality or security. Limited CSS customization is allowed, but we are not responsible for any issues, display errors, or unintended outcomes resulting from your modifications.
You should carefully consider what data you share or make available through your Church Connect or public pages. We recommend that you do not store individual or personally identifiable information on your Connect pages or on your cards. You are responsible to adhere to any other rules or laws for the country or region in which you reside. For example, some regions may prohibit the display of images of minors, or images of other individuals without their explicit consent. Authenticated members that use your Connect page may be able to view contact and other information of other members through the provided online directory, if enabled. Members should be given the option to choose what information they wish to share with other members, if any. If there is concern about this information being publicly available to authenticated members, you should turn off access to these features.
If you use our Church Connect product or services, a "Powered by ChurchTrac" link will appear in the footer of your public pages. The Service allows you to include additional links or content from third-party providers, such as YouTube or social media providers. We are not responsible for any third-party content that may be displayed to your site users.
Indemnification for Data Breaches and Security Practices
We use commercially reasonable efforts to protect your data. However, you acknowledge that no system is perfectly secure, and you use our services at your own risk. To the maximum extent permitted by law, we disclaim all liability for any damages, losses, or claims arising out of unauthorized access, disclosure, alteration, or destruction of your data through no fault of our own. We do not guarantee that our services will be free from security breaches, but we will comply with applicable data protection laws.
Your Church, including all administrative users and Church Members (collectively, "Users"), agrees to indemnify, defend, and hold harmless ChurchTrac Software, Inc., its affiliates, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to: Any breach or loss of Data or unauthorized disclosure of Data entered, stored, or accessed through the Service; Failure by Your Church or its Users to implement reasonable security measures to protect Data, including but not limited to securing account credentials, preventing unauthorized access, and educating Users about security threats such as phishing, smishing, or malware; Any actions, omissions, use, or misuse of the Service by Your Church or its Users, including but not limited to failure to comply with applicable local, state, national, or international laws, regulations, or these Terms regarding data protection, privacy, or use of the Service.
Your Church is solely responsible for ensuring the security and accuracy of all Data entered into or accessed through the Service, whether by administrative users managing the software or Church Members using public-facing features. This responsibility includes training and educating all Users on best practices to avoid security threats and ensuring compliance with applicable data protection laws (e.g., GDPR, CCPA, where applicable). ChurchTrac may provide recommended security guidelines on our website or within the Service, but it is Your Church's obligation to review and implement these guidelines as appropriate. ChurchTrac is not liable for any loss or damage resulting from the failure of Your Church or its Users to maintain secure Data practices. In the event of a data breach or unauthorized disclosure, Your Church's sole recourse is to terminate the affected accounts or request Data removal in accordance with these Terms.
The following additional terms and conditions apply to Church Members, defined as individuals who create or access accounts through the public-facing website, mobile app, or member portal provided by Your Church using ChurchTrac's services (collectively, the "Church Connect Services"). These Church Members are distinct from users with access to ChurchTrac's administrative software and include individuals utilizing features including but not limited to church website, church app, member portal, online giving, event scheduling, or member directories. All other sections of these Terms of Service apply to Church Members where relevant, except where explicitly modified by this section.
Account Management: Your Church may grant, restrict, limit, or terminate a Church Member's access to the Church Connect Services at its discretion. ChurchTrac also reserves the right to restrict, suspend, or terminate access to any Church Member account for any reason, including but not limited to violations of these Terms, at our sole discretion without notice.
Account Responsibility: Church Members are responsible for maintaining the security of their accounts, including using strong, unique passwords and safeguarding login credentials. ChurchTrac is not liable for any loss or damage, including but not limited to unauthorized access, phishing, smishing, breaches, or other fraudulent activities. Church Members should immediately notify Your Church and ChurchTrac if they suspect their account has been compromised.
Single User per Account: Each Church Member account or login may only be used by one individual. Sharing login credentials with others is prohibited.
Prohibited Conduct: Church Members must not engage in activities that violate these Terms, including but not limited to: Phishing, smishing, or any fraudulent or deceptive practices. Posting, uploading, or sharing content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, invasive of privacy, or otherwise objectionable, as determined by ChurchTrac or Your Church at their sole discretion. Church Members are also prohibited from attempting to access, modify, or disrupt the Church Connect Services, including hacking, reverse-engineering, or introducing malicious code.
Content Responsibility: Church Members are solely responsible for any content they post or share (e.g., profile information, comments, or images) through the Church Connect Services. ChurchTrac acts as a passive intermediary and does not endorse, monitor, or exercise editorial control over user-generated content. ChurchTrac reserves the right, but is not obligated, to remove any content deemed to violate these Terms or to suspend or terminate accounts of Church Members who repeatedly post infringing or inappropriate content.
Intellectual Property: Church Members must ensure that any content they post does not infringe on the intellectual property rights of others, including copyrights or trademarks. ChurchTrac may remove content believed to infringe such rights and may terminate accounts of repeat offenders. Your Church and Church Members agree to indemnify and hold ChurchTrac harmless from any claims arising from content they post.
Data Ownership and Entry: Your Church retains ownership of data entered into the Church Connect Services, including data entered on behalf of Church Members (e.g., personal or family details). Church Members grant Your Church and ChurchTrac all necessary consent, access, and use rights to process and store this data to provide the Church Connect Services.
Data Security: ChurchTrac uses industry-standard encryption (e.g., TLS) to protect data, but no system is immune to malicious attacks, equipment failures, or acts of God. Church Members are responsible for ensuring their profile information is accurate and secure, and that no personal information (or family personal information) is being shared by Your Church without your consent. ChurchTrac is not liable for any unauthorized access, disclosure, or loss of data, and a Church Member's sole recourse in such cases is to request data removal or account closure through the Church Connect app, or by contacting Your Church, or by contacting ChurchTrac directly using instructions in Data Removal (below).
Sensitive Information: Church Members must not enter sensitive information (e.g., social security numbers, credit card numbers, bank account details, health information, or sensitive personally identifiable information) into the Church Connect Services. Such information may be visible to other authorized users (e.g., in member directories) and could be exposed in a data breach. Church Members should immediately remove or request removal of any sensitive data by contacting Your Church.
Data Removal: Church Members may request that Your Church update or remove their personal data from the Church Connect Services. Contact Your Church directly to initiate a request. If Your Church does not comply with your request within three (3) business days, Church Members may submit a written
Support Ticket to ChurchTrac via our website. We will remove data within three (3) business days, subject to identity verification. Removed data may remain in backups for a limited period, but ChurchTrac is not obligated to retain or recover it. In jurisdictions with data protection laws (e.g., GDPR, CCPA), Church Members may exercise applicable rights through Your Church or ChurchTrac, subject to verification.
Online Giving: Church Members using the online giving feature agree to comply with Stripe's Terms and Conditions, as online giving is processed through Stripe, a third-party payment provider. Church Members are responsible for any transaction errors or disputes and should contact Your Church for assistance. ChurchTrac does not store or process payment information and is not liable for any fees, chargebacks, or disputes arising from online giving.
Event Scheduling: Church Members using scheduling features (e.g., event registration, volunteer sign-ups) agree to abide by Your Church's policies for cancellations, refunds, or changes. ChurchTrac is not responsible for scheduling conflicts, errors, or losses resulting from use of these features.
Donor Fee Coverage: If enabled by Your Church, Church Members may be offered the option to increase their donation to cover estimated Stripe processing fees. This is an optional increase to the donation amount, not a direct payment of fees, and actual fees may vary. ChurchTrac is not responsible for any discrepancies between estimated and actual fees.
No Direct Support: Church Members are not eligible for direct technical support from ChurchTrac. All support requests from Church Members, including issues with account access, online giving, or scheduling, must be directed to Your Church. ChurchTrac may, at its discretion, provide limited assistance to Church Members to resolve Church member issues or issues with the Church Connect Service, but is under no obligation to do so.
Third-Party Services and Content: Features like online giving may rely on third-party services (e.g., Stripe). ChurchTrac is not responsible for the availability, functionality, or performance of these services, and Church Members should refer to the third-party provider's terms for additional details. The Church Connect Services may display third-party content (e.g., YouTube videos, social media links). ChurchTrac is not responsible for the accuracy, legality, or availability of such content.
Firebase for Push Notifications: The Church Connect mobile app uses Firebase Cloud Messaging to send push notifications (e.g., event reminders or messages from Your Church) with your consent. Church Members can opt in or out via device settings. Data shared with Firebase (e.g., device tokens) is governed by Google's Firebase Privacy Policy
Termination by Your Church: Your Church may suspend or terminate a Church Member's access to the Church Connect Services at any time, with or without cause, and without notice.
Termination by ChurchTrac: ChurchTrac may suspend or terminate a Church Member's account for violations of these Terms, including but not limited to fraudulent activity, inappropriate content, excessive resource usage, or any other reason, or no reason at all, at our sole discretion. Accounts terminated for violations may be permanently banned, and ChurchTrac may pursue legal action for severe misconduct (e.g., hacking, phishing). Upon termination, Church Members lose access to the Church Connect Services. ChurchTrac also reserves the right to suspend or terminate Your Church account, at our sole discretion. Provisions of these Terms that survive termination (e.g., ownership, indemnity, liability limitations) remain in effect.
Service Availability: ChurchTrac does not guarantee uninterrupted access to the Church Connect Services. Outages may occur due to maintenance, updates, or external factors, and no compensation or credits are provided for disruptions.
Compliance with Laws: Church Members must comply with all applicable local, state, national, and international laws when using the Church Connect Services, including data protection and privacy regulations (e.g., GDPR, CCPA, if applicable).
Liability Limitation: ChurchTrac is not liable for any direct, indirect, incidental, or consequential damages arising from Church Members' use of the Church Connect Services, including but not limited to data loss, service interruptions, or third-party content issues. The Church Member's sole remedy for dissatisfaction is to discontinue use of the Church Connect Services.
Additional rights and responsibilities of Church Members can be found in the ChurchTrac
Privacy Policy.
If you utilize the SongSelect® service, the following additional terms in this section apply to you:
Application refers to the SongSelect application. Content refers to the SongSelect content.
All Content and the Application are provided solely and exclusively for End Users who are active subscribers to SongSelect;
All Content is the intellectual property of a third party, is protected by law, and no ownership, distribution rights, or other proprietary rights in the Content are transferred to the Partner and/or any End User.
CCLI and/or Content Owners may remove Content from the API from time-to- time without notice;
End Users must agree to comply with all SongSelect license terms and all applicable laws, including copyright law in their use of the Content and shall protect CCLI's and the Content Owners' rights;
The usage rights granted to End User are nonexclusive, are subject to revocation or termination at any time, and may not be transferred, assigned, sublicensed, distributed, or conveyed in any manner whatsoever.
CCLI and the Content Owners reserve the right to modify the provisions contained in the EULA at any time.
Neither CCLI nor Content Owners will be liable to End User for any indirect, punitive, incidental, consequential, or special damages of any kind resulting from the use of the SongSelect, the SongSelect API, or from Content made available through the SongSelect API, or for any other damages of any type, nature or description arising out of any legal theory, and End User hereby forever releases and discharges CCLI and Content Owners from any and all liability related to End User's use of or access to SongSelect, the SongSelect API, or Content made available through the SongSelect API (Partner will display this damage limitation in the EULA in conspicuous, bold, capitalized letters in compliance with all legal requirements that such limitations be conspicuous).
Partner and CCLI disclaim any and all express or implied warranties, including, without limitation any implied warranty of merchantability or fitness for a particular purpose (Partner will display these warranty disclaimers and exclusions in bold, capitalized type in compliance with laws which require such disclaimers be conspicuous).
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis with no warranty, either implied or stated.
We do not warranty nor guarantee that the Service will be available at all times, or that your Data will be accessible at all times, or at a specific time. In addition, we are not responsible for any loss pertaining to your Data, even if the loss is the result of negligence by ChurchTrac. To the extent allowable under law, we disclaim and are not liable to you for any failure to provide access to the Service, your Data, or for any other failure, including losses that result from gross negligence on the part of ChurchTrac or its agents or employees.
You expressly understand and agree that ChurchTrac shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
The failure of ChurchTrac to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and ChurchTrac and governs your use of the Service, superseding any prior agreements between you and ChurchTrac (including, but not limited to, any prior versions of these Terms).
If any provision in these Terms are, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of these Terms, but these Terms will be construed as if the invalid, illegal, or unenforceable provisions had never been contained in these Terms, unless the deletion of those provisions would result in such a material change that would cause completion of the transactions contemplated by these Terms to be unreasonable.
Your Church agrees to indemnify and hold us and our affiliates, agents and employees harmless from and against any and all damages, losses, costs, expenses and claims (including reasonable attorney's fees and court costs) arising from or related to: (1) breach of any term or condition of these Terms, including, without limitation, any representation or warranty that you make herein; (2) any gross negligence, willful misconduct, fraudulent activities or unlawful acts taken by you with respect to your use of the Service or the ChurchTrac website(s); and/or (3) any claim or allegation of intellectual property infringement brought or threatened by any third party arising from your use of the Service or ChurchTrac website(s).
EXCEPT AS MAY OTHERWISE BE SET FORTH HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGE OR LOSS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR WEBSITE OR OUR PERFORMANCE HEREUNDER SHALL BE RETURN OF A PRORATED PORTION OF THE FEES PAID BY YOU (IF ANY), WHICH YOU AGREE IS A FAIR AND EQUITABLE REMEDY. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF USE, REVENUE OR PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR USE OR RELIANCE UPON THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THESE TERMS. THE SERVICE IS MADE AVAILABLE ON AN "AS IS" BASIS ONLY AND WE MAKE NO WARRANTIES, CONDITIONS, INDEMNITIES, OR REPRESENTATIONS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY MATTERS, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OTHER THAN AS MAY BE EXPRESSLY SET FORTH HEREIN.
The trademarks ChurchTrac®, "ChurchTrac Software", "ChurchTrac" and all other trademarks used or displayed on the ChurchTrac website(s) or through the Service are protected by applicable United States laws and are owned by ChurchTrac or our licensors. Nothing in these Terms gives you any right to use such trademark for any purpose whatsoever. ChurchTrac retains all rights to the Service and the ChurchTrac website(s) not expressly granted. ChurchTrac retains ownership of the Service. None of the components of the Service or the ChurchTrac website(s), including the documentation, may be copied, removed or altered, in whole or part, for any purpose.