Subscription Agreement
Important - This Subscription Agreement governs your access to and use of the Christian Relationship Management, Inc. Website. Please read the separate Terms of Use and Privacy Policy posted on our Website for additional terms.
1. Agreement.
This Subscription Agreement is made between Christian Relationship Management, Inc. dba LinkingCommunities.com("CRM") and the Subscriber designated hereinbelow. This Agreement shall apply to Subscriber and to any person for whom Subscriber purchases the subscription services.
2. Subscription Term, Fees, Taxes, and Payments.
Subscription Term and Fee. The Term of the subscription shall be open and subject to alteration by CRM. Payments. There shall be no charge for the subscription hereunder. The system is supported by local, regional and national advertisers. CRM reserves the right charge for the subscription in its own discretion as set forth below.
Alterations to Charges and Fees. CRM reserves the right to increase charges and fees and to institute new charges and fees. Beginning one month after notice of any new or increased charges or fees, Subscriber’s account will subject to the new or increased charges and fees unless Subscriber terminates or cancels Subscriber’s subscription during that one-month period. In the event that CRM is unable to charge Subscriber’s account, CRM reserves the right to terminate Subscriber’s access to CRM’S Website.
3. Third Party Sites and Services.
Links to Third Parties Sites. All links provided to third party sites are for Subscriber’s convenience only. In using any such link, Subscriber will be leaving CRM's Website. The linked sites are not under the control of CRM, and CRM is not responsible for the contents or accuracy of any linked site or any link contained in a linked site, any changes or updates to such sites, or any products or services provided by such sites. The inclusion of any link does not imply endorsement by CRM. CRM DISCLAIMS ALL warranties, liabilities and damages in connection with Subscriber’s use of such linked sites. CRM reserves the right to terminate any link or linking program at any time. Subscriber shall be considered to access any third party site entirely at Subscriber’s own risk. CRM strongly recommends that Subscriber also access and read the information contained in any linked site as they may contain further terms and conditions that apply to Subscriber.
Links from Third Parties. Subscriber may not create a website link to CRM’S Website without CRM’S prior written consent.
No Partnership. Nothing in this Site shall be deemed in any way or for any purpose to represent or create a partnership, agency, joint venture, or representative relationship between CRM and any other party.
4. Termination.
Termination Policy. Either Party may terminate this Agreement for any reason upon 30 days notice to the other Party. Provided, however, that CRM may at its exclusive discretion terminate this Agreement and Subscriber’s access to CRM’s Website immediately and without notice to Subscriber if Subscriber violates any provision of this Agreement with no liability to Subscriber or any third-party except for a refund of any fees or charges prepaid by Subscriber.
Profile Information. Within 90 days of any termination of this Agreement, CRM agrees to provide Subscriber, through a senior administrator to be designated by Subscriber, with all of Subscriber’s member profile information and any other information relating to Subscriber. CRM will retain Subscriber’s member profile information and any other information relating to Subscriber for an additional 90 days prior to its permanent deletion.
5. Signup, Password, and User Account.
Subscriber Information. Subscriber agrees to provide CRM with true, accurate, and complete information as may be reasonably requested by CRM for subscription and access to the Website including Subscriber’s legal name, address, email address, and billing information.
Password and User Account. Subscriber is responsible for maintaining the confidentiality of all information and passwords provided to Subscriber. Subscriber shall be responsible for all uses of Subscriber’s account, whether or not authorized by Subscriber. Subscriber agrees to notify CRM immediately in the event of any known or suspected unauthorized use of Subscriber’s account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Subscriber’s or anyone else's password.
6. DISCLAIMER, LIMITATION OF LIABILITY, RELEASE, AND ASSUMPTION OF RISK.
DISCLAIMER AND LIMITATION. CRM, CRM’S SUBSIDIARIES, EMPLOYEES AND CRM’S SUPPLIERS PROVIDE CRM’S WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED, IMPLIED OR STATUTORY. CRM, CRM’S SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL CRM, CRM’S SUBSIDIARIES, OFFICERS DIRECTORS, SHAREHOLDERS, AGENTS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, OR OTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION FOR ANY REASON WHATSOEVER EVEN IF CRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CRM DOES NOT WARRANT THAT CODE, CONTENT, FILES, ACCESS OR ANY COMBINATION OF THEM ARE FREE OF ERRORS, INTERRUPTIONS, VIRUSES OR CORRUPTIONS. ASSUMPTION OF RISK. Use of CRM’s Website is at Subscriber’s and Subscriber’s member’s own risk. CRM is not responsible for any loss resulting from Subscriber’s using any of CRM’S or CRM’S suppliers' services, software, materials, content, or communications. CRM is not responsible for any problems or technical malfunctions of any telephone network or lines, computer or Internet connection, viruses or any website failure or for the actions of hackers.
RELEASE AND ASSUMPTION OF RESPONSIBILITY. Subscriber has sole responsibility for adequate protection and backup of data and/or equipment used in connection with CRM’S Website and agrees not make a claim against CRM for any loss of data. Subscriber agrees to hold CRM harmless from, and covenants not to sue CRM, for any claims based on using CRM’S Website or any of the materials or services therein. Subscriber hereby releases and waives any and all claims and/or liability against CRM and agrees to indemnify and hold CRM and CRM’S officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys´ fees, made by any third party due to or arising out of Subscriber’s breach of this Agreement or Subscriber’s violation of any law or the rights of any third party. These terms are fundamental elements of the Agreement between Subscriber and CRM regarding the use of CRM’S Website. CRM would not enter into this Agreement without such disclaimer and limitations.
7. Privacy Policy, Children's Online Privacy Protection Act Compliance, and Emailing Policy.
Posted Privacy Policy. When Subscriber and/or any of Subscriber’s member’s use the Website, certain information may be collected. CRM’S Privacy Policy Statement, which includes CRM’s Children's Online Privacy Protection Act Compliance Statement, is posted on CRM’S Website and sets out how personal information is collected and used. The Privacy Policy terms apply to your use of CRM’S services and the Website, unless they are inconsistent with this Agreement, in which event this Agreement shall control.
Children's Online Privacy Protection Act Compliance. With respect to Subscriber’s use of CRM’S Website, including relative to all information provided to CRM regarding the Subscriber and/or any of Subscriber’s members, Subscriber agrees to be responsible in all respects for compliance with the Children's Online Privacy Protection Act (COPPA), which protects the privacy of children under the age of 13 by requiring verifiable parental consent for the collection or use of any identifying or personal information.
Emailing Policy. CRM maintains a strict "Anti-Spamming" policy. CRM undertakes not to sell, rent, trade, lease, or otherwise share any information concerning the Subscriber and/or any of Subscriber’s members with any third party and to use such information solely for the administration of CRM’S accounts and services. CRM will not to send Subscriber or any of Subscriber’s members any unsolicited emails other than in connection with the administration of CRM’S accounts and services. Provided, however, that CRM reserves the right to transfer information in connection with the sale of all or part of CRM’S capital stock or assets. Furthermore, CRM shall not be responsible breaches in security or for actions by third parties.
8. Unlawful Or Prohibited Usage.
Subscriber warrants that it will not use any of CRM’S software, Website, or other content, including CRM’S Manager Software, for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Subscriber shall not use CRM’S software, Website, or other content, including CRM’S Manager Software, in any way designed or likely to damage, disable, overburden, or impair the same.
9. Ownership of the Subscription Services and Website Content.
Ownership. All content, organization, graphics, design, compilation, technology, and other materials related to the subscription services and CRM’S Website content are the property of CRM, its suppliers, or contributors, and are protected under applicable U.S. and international laws of copyright, trademark, and other proprietary rights. It is unlawful to copy, recreate, sell, or distribute any part of CRM’S materials.
Website for Use Only in the United States. CRM’S Website may be used only in accordance with applicable law. If Subscriber or Subscriber’s members access CRM’S Website from outside of the United States, Subscriber and/or Subscriber’s members do so on their own initiative and are responsible for ensuring compliance with the laws of the United States, (which include export control laws applicable to software), and the laws of the local jurisdiction.
10. Amendments and Integration.
Except in relation to fees and charges, which may be modified as described above, this Agreement may be amended only by a writing signed by an authorized representative of each of the Parties. This Agreement constitutes the entire understanding of the Parties with respect to the subject matter hereof and supersedes and replaces all prior writings, understandings, and negotiations.
11. Governing Law.
This Agreement is governed by South Carolina Law, and any action in relation to this Agreement must be brought in the State of South Carolina. Subscriber agrees that the state or federal courts located in , United States of America, shall have exclusive jurisdiction and venue over any action arising out of or in relation to the Agreement or your Subscriber’s use of the Website. Subscriber waives any claim that a court located in the State of South Carolina, lacks personal jurisdiction over Subscriber, is an improper venue, or is an inconvenient forum.
IN WITNESS of their understanding and agreement with the terms set forth herein, the Parties have caused this Agreement to be executed by their duly authorized representatives.