By registering an account on the Church Analytics web site ("Site" or "Service"), a service provided by Church Analytics ("Church Analytics" or "Company"), you agree to be bound by all terms and conditions ("Terms") listed on this page (collectively, the "Agreement").
Church Analytics does not give any warranty or other assurance as to the operation, quality or functionality of the Site. Access to the Site may be interrupted, restricted or delayed for any reason. Church Analytics also does not give any warranty or other assurance as to the content of the material appearing on the Site, its accuracy, completeness, timelessness or fitness for any particular purpose.
To the full extent permissible by law, Church Analytics disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the Service or any material appearing on the Site, or from any action or decision taken as a result of using the Site or any such material.
The Site contains links to external sites. Church Analytics is not responsible for and has no control over the content of such sites. Information on the Site, or available via hypertext link from the Site, is made available without responsibility on the part of Church Analytics. Church Analytics disclaims all responsibility and liability (including for negligence) in relation to information on or accessible from the Site.
You may not use the Service to track any of the following:
Church Analytics values the privacy of its users. Church Analytics will not provide any information about its users and/or their traffic data to any third party company for any purpose, unless required to do so by law. From time to time, Church Analytics may release statistical reports of the traffic trends for sites registered with the Service, such as web browser usage or geolocation data. These reports are of a general nature and will not contain any information that can be linked to any one person or web site.
You represent and warrant to Church Analytics that you own all right, title and interest in and to the URLs of your website, and you own or have rights to publish all of the content published on or through your website and the user interface of your website.
The information, reports and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Church Analytics and/or its respective suppliers may make improvements and/or changes in the Service at any time, without obligation to notify any person or entity of such changes.
Church Analytics does not represent or warrant that (i) the Service will be error-free or accessible at all times, (ii) defects will be corrected, (iii) the Service or the server that makes it available, are free of viruses or other harmful component, or (iv) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that Church Analytics shall not be responsible for unauthorized access to or alteration of your data.
Either party may terminate this agreement at any time and for any reason. In addition, this agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement or if you remove the Script from your web pages.
Upon any termination of this agreement, (i) Church Analytics will cease providing the Service to you; (ii) you will delete all copies of the Script from your web page(s); (iii) any outstanding balance payable by you to Church Analytics will become immediately due and payable; (iv) you will not be entitled to any refunds of any usage fees or any other fees; and (v) all of your historical report data will no longer be available to you.
You understand that keeping the Script on your web site consumes bandwidth (and hence, money) of the Company for every page view on your web site. Failure to remove the Script from your web site upon termination may force Church Analytics to take drastic measures to gain your compliance. Such measures are determined on a case by case basis.
THE SERVICE, THE SCRIPT AND REPORTS ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY THE COMPANY EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE SCRIPT, THE DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE, THE SCRIPT OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED.
THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH.
THE COMPANY'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USAGE OF THE SERVICE SHALL NOT EXCEED THE AGGREGATE FEES PAID BY YOU TO THE COMPANY FOR USE OF THE SERVICE.
You agree to indemnify, hold harmless and defend Church Analytics, at your expense, against any and all third party claims, actions, proceedings, and suits brought against Church Analytics or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by Church Analytics or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, or (iii) your unauthorized use of the Script code. In such a case, Church Analytics will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Church Analytics reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Church Analytics reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement on this web site. You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of the Company, (ii) you accept updated terms online, or (iii) you continue to use the Service after the Company has posted updates to the Agreement or to any policy governing the Service. Any of the following constitute your continued usage of the Service: (i) viewing any page on the Site, or (ii) keeping the Script on any page of your web site, or (iii) logging in to your account, or (iv) viewing any of the data collected by the Service, whether viewed on the Site directly, or through another means, including, but not limited to, exported data files, and first- or third-party widgets.
You will not use the Service in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.
Church Analytics shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. Any notices to the Company must be sent by email to firstname.lastname@example.org, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights hereunder without the Company's prior written consent, and any such attempt is void. The relationship between Church Analytics and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.