Last updated July 16, 2020 – Version 1.0.

PLEASE READ THESE TERMS OF USE CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT. YOU MAY ACCEPT THESE TERMS BY:

(A) CLICKING TO ACCEPT OR AGREE TO THESE TERMS OF USE, WHERE THIS OPTION IS MADE AVAILABLE TO YOU BY CHRIST CULTURE IN THE USER INTERFACE FOR ANY SERVICE; OR

(B) BY ACTUALLY USING CHRIST CULTURE'S PRODUCTS, SOFTWARE, SERVICES, OR WEBSITES (COLLECTIVELY, THE “SERVICES”).  YOU UNDERSTAND AND AGREE THAT CHRIST CULTURE WILL TREAT YOUR USE OF THE SERVICES AS ACCEPTANCE OF THE TERMS OF USE FROM THAT POINT ONWARD.

These terms of use (the “Terms of Use” or “Agreement”) govern your access to and use of the Services offered by CHRIST CULTURE, Inc. as an end user.  They do not alter in any way the terms or conditions of any other agreement you may have with CHRIST CULTURE, its subsidiaries, or affiliates.  If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf.

CHRIST CULTURE reserves the right to change or modify any of the terms and conditions contained in these Terms of Use, the Terms of Service, or any policy or guideline, at any time and in its sole discretion.  Any changes or modification will be effective immediately upon posting of the revisions on the CHRIST CULTURE’s websites or Services. Your continued use of the Services following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms of Use and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Services.  If you do not agree to the amended terms, you must stop using the Services.  You warrant and attest that you are at least eighteen (18) years of age.

All other questions or comments about the Services should be directed to legal@christ-culture.org

1. PRIVACY POLICY AND FEEDBACK

Please refer to our Privacy Policy for information on how CHRIST CULTURE collects, uses and discloses personally identifiable and other information from its users.

Any suggestions, ideas or feedback (“Feedback”) concerning the Services provided by you to CHRIST CULTURE shall become the sole property of CHRIST CULTURE.  CHRIST CULTURE shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and circulation thereof for any purpose, without acknowledgment or compensation to you. You hereby agree that such Feedback is provided on a non-proprietary and non-confidential basis. To the extent that you have any rights in the Feedback, by operation of law or otherwise, you hereby agree to assign and hereby do assign to CHRIST CULTURE all right, title and interest in and to the Feedback. You agree to perform all acts reasonably requested by CHRIST CULTURE to perfect and enforce such rights.

2. REGISTRATION FOR THE SERVICE

If you wish to utilize the Services, you will be required to register by providing information about yourself and, if you are registering on behalf of an entity, information about that entity (such as identification, credit card information, and contact details).  You agree that any such information you provide is accurate, complete and updated.  Failure to do so constitutes a breach to these Terms of Use and may result in a termination of your account and access to the Services.  You are responsible for maintaining the security and confidentiality of your account password.  You are also solely responsible for all activities that occur through your User ID and password.  You agree not to access or use, or attempt to access or use, the Services or any part thereof using the identity or the Registration Data of any person other than you.  You agree to immediately notify CHRIST CULTURE of any unauthorized use of your User ID or password.  From time to time, you may be asked to confirm your account via an email message. If such account is not reconfirmed, the account may be deleted by CHRIST CULTURE. Once your account has been deleted, your User Content may be retained by CHRIST CULTURE and may or may not be displayed.

3. USER CONTENT AND ACCEPTABLE USE

The Services may allow you to post content (“User Content”).  CHRIST CULTURE has the right to refuse any User Content.  You agree that CHRIST CULTURE, at its sole discretion, has the right to screen, reject, or remove any User Content, or portion thereof, posted to our servers that infringes our, or any third party intellectual property or other rights, violates these Terms of Use or our other policies, or is otherwise objectionable. CHRIST CULTURE reserves the right to disclose any such material posted to our servers as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

You should save all of your User Content through alternate storage solutions inasmuch as CHRIST CULTURE does not warrant the security or reliability of its Services.

We value integrity, truth, and respect for others, and we strive to avoid offending users with User Content, apps, or websites that are inappropriate for our network. For this reason, we don’t allow the publication or promotion of hatred; violence; racism; blasphemy; or sexual, religious, or political content or activity that violates or disparages traditional Christian scripture and values, or organizations with such views.

In addition, the following is prohibited:

• Harassment or perceived harassment of another person;

• Unsolicited mass mailings or "spam";

• Posting User Content determined by CHRIST CULTURE to be illegal, or to violate any local, state, provincial or federal law or regulation or the rights of any person or entity;

• Harmful, offensive, and abusive language, including but not limited to: hate speech, expletives, harassment, obscenities, vulgarities, sexually explicit language or images, video, or other objectionable content (e.g. nudity, bestiality, pornography);

• Posting User Content that is inappropriate based on the subject matter and the audience;

• Posting User Content that is encrypted or that contains viruses or any other computer programming routines that are intended to damage, interfere with, intercept, or appropriate any system or information;

• Posting User Content that violates intellectual property rights of any person;

• Impersonating any person or entity or otherwise misrepresenting your affiliation with a person or entity;

• Posting private or confidential information of any third party without their express consent, including, without limitation, personally identifiable information, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;

• Posting any User Content that, in the sole judgment of CHRIST CULTURE, may expose CHRIST CULTURE to any harm or liability of any type.

You agree that you will only utilize User Content that you believe to be true and you will not:

• purposefully provide false or misleading information;

• use the Service to violate the security of any computer network, crack passwords or security encryption codes; transfer or store illegal material including any deemed threatening or obscene;

• create user accounts by automated means or under false or fraudulent pretenses;

• scrape or collect information about other users in an automated fashion.

CHRIST CULTURE reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content, and terminating the violator's Service without refund.

By posting User Content, you grant CHRIST CULTURE and its affiliates the perpetual, irrevocable, worldwide, royalty-free, freely transferable, and sublicensable (through unlimited levels of sublicense) non-exclusive right to create derivative works of, use, reproduce, modify, transmit, publish, publicly display and distribute, and advertise on and around, and search for purposes of providing relevant advertisements, such User Content and derivative work.  You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) distribution of the User Content you supply in accordance with your direction does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity. You hereby waive any moral rights you may have in such User Content under the laws of any jurisdiction. We may (but are not obligated to) display your User Content, including your username and your actual name (according to the preferences you select). With regard to third party advertisements, CHRIST CULTURE is not responsible or liable for the content of such advertisements.

4. PAYMENT

If you purchase products or services from CHRIST CULTURE, you will be charged in advance. No refunds shall be issued except within CHRIST CULTURE’s sole discretion.  All charges and payments shall be in U.S. dollars.  For those customers making payment by credit card, ACH, or other method, you authorize CHRIST CULTURE to debit your credit card or other account (as the case may be) for amounts authorized.  CHRIST CULTURE reserves the right to collect certain taxes or other assessments from you in order to comply with local, state, provincial, Federal, or international laws and regulations, as required now or later imposed. If you claim exemption from any taxes, you shall provide CHRIST CULTURE with documentation required by the taxing authority to support an exemption.  If you have subscribed for a paid service CHRIST CULTURE reserves the right to change the price of its Services upon (30) days notice to you and you will be given the opportunity to terminate the Services prior to such increase becoming effective.

5. CONSENT TO RECEIVE EMAILS AND NOTICE

By using the Services, you consent to receive emails from CHRIST CULTURE, which may include commercial emails. We may use your information to send you news or product updates. You may “opt out” of receiving marketing or promotional email from CHRIST CULTURE by following “unsubscribe” instructions or using “unsubscribe” links within communications we send. As long as you maintain an account, you may not "opt out" of receiving account-related emails from CHRIST CULTURE.  The parties hereto may give legal notice by means of electronic mail, which electronic mail shall be considered delivered when sent.  The notice address of CHRIST CULTURE shall be legal@christ-culture.org(or such other address as is provided by CHRIST CULTURE to you) via email at your Notice address and your address for the receipt of notices pursuant to this Agreement shall be the current email address listed by you in your account profile.  

6. COPYRIGHT AND LIMITED LICENSE

Unless otherwise indicated, the Services and all content on the Services, including, without limitation, the CHRIST CULTURE logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Materials") are the property of CHRIST CULTURE, its licensors or its customers and are protected by U.S., Canadian and international copyright laws.

To the extent that CHRIST CULTURE grants you access, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services.  Such license is subject to these Terms of Use and does not include or authorize: (a) any resale or commercial (non-personal) use of the Services or the Materials therein; (b) the distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Services or the Materials, or any portion thereof; (d) use of automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services; (e) downloading (other than page caching) of any portion of the Services, the Materials or any information contained therein, except as expressly permitted; (f) any attempt to gain unauthorized access to CHRIST CULTURE’ computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services; or (g) collection or harvesting of any personally identifiable information, including, but not limited to, company names, domain names, or account names, from the Service nor to use the communication systems provided by the Service for any commercial solicitation purposes; (h) use of any portion of the Services as a destination linked from any unsolicited bulk messages or unsolicited commercial messages; (i)any use of the Services or the Materials other than for their intended purpose; (j) copying, modifying, creating a derivative work of, reverse engineering, decompiling, or otherwise attempting to extract the source code of any software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by CHRIST CULTURE, in writing. You may not access, copy, assess, disclose, display, or otherwise use the Service for purposes of competitive analysis.  Any use of the Services or the Materials other than as specifically authorized herein, without the prior written permission of CHRIST CULTURE, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

7. REPEAT INFRINGER POLICY

In accordance with the Digital Millennium Copyright Act (DMCA), the Copyright Act (Canada) and other applicable law, CHRIST CULTURE has adopted a policy of terminating, in appropriate circumstances and at CHRIST CULTURE's sole discretion, access to those who are deemed to be repeat infringers. CHRIST CULTURE may also, at its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others.

8.  COPYRIGHT POLICY

CHRIST CULTURE respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an 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; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to inform you if we receive a notice from a third party that User Content you have posted infringes upon such third party’s copyright and to inform such third party that we have provided you with such notice.  Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

CHRIST CULTURE, Inc

Address: 180 N Belvedere Dr, Suite 7, Gallatin, TN 37066, USA

Email: legal@christ-culture.org

10. HYPERLINKS

You are granted a limited, non-exclusive, non-transferable right to create a text hyperlink to the Services, provided such link does not portray CHRIST CULTURE or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. You may not use a CHRIST CULTURE logo or other proprietary graphic to link to the Services without the express written permission of CHRIST CULTURE. Further, you may not use, frame, or utilize framing techniques to enclose any CHRIST CULTURE trademark, logo, or other proprietary information, including the images found through the Services, the content of any text, or the layout/design of any page or form displayed through the Services without CHRIST CULTURE's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright, or proprietary right of CHRIST CULTURE or any third party.

11. THIRD PARTY CONTENT

CHRIST CULTURE or its customers may provide links to web pages and content of third parties as a service to those interested in such links and content, and CHRIST CULTURE may post third party content or allow users to post their content. CHRIST CULTURE does not monitor or have any control over any third party content or third party websites. CHRIST CULTURE does not endorse or adopt any third party content or third party website and can make no guarantee as to its accuracy or completeness. CHRIST CULTURE does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any third party content or third party websites. You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and you use links, third party content and third party websites at your own risk.  When you leave the CHRIST CULTURE Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website or services to which you navigate from the CHRIST CULTURE Services.

CHRIST CULTURE is not the publisher or author of third party content. It is a passive service for storage and dissemination of the ideas and opinions that CHRIST CULTURE users and vendors may choose to post.  CHRIST CULTURE does not screen works before they are posted, and no prior approval is required for posting.  CHRIST CULTURE’ activities are subject to the protections of Section 230 of the Communications Decency Act and the safe harbor provisions of Section 512 of the Digital Millennium Communications Act.  

12. THIRD-PARTY GOODS AND/OR SERVICES

The Services may also provide information regarding or link to certain applications, goods, and/or services provided or offered by third parties (collectively the "Third-Party Goods and Services"). CHRIST CULTURE is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Goods and Services or monitor or have any control over such Third-Party Goods and Services. Therefore, CHRIST CULTURE makes no guarantee, representation, or warranty of any kind as to the quality, competency, value, reliability, responsiveness, accuracy, or completeness of any such Third-Party Goods and Services or the results obtained therefrom, and CHRIST CULTURE assumes no responsibility or liability for any Third Party Goods and Services or for the actions or failure to act of those providing such Third-Party Goods and Services. You assume full responsibility for your use of any such Third-Party Goods and Services. In the event of a dispute between any consumer and vendor, the parties will work out the dispute themselves. 

13. ADVERTISEMENTS AND PROMOTIONS

CHRIST CULTURE may run advertisements and promotions from third parties as part of the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than CHRIST CULTURE, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. CHRIST CULTURE is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Services.

14. WARRANTY DISCLAIMERS

THE MATERIALS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CHRIST CULTURE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, OR MATERIALS. CHRIST CULTURE DOES NOT REPRESENT OR WARRANT THAT MATERIALS, INCLUDING THE INFORMATION AVAILABLE THROUGH THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. CHRIST CULTURE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CHRIST CULTURE IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS ACCESSED THROUGH THE SERVICES, THE SITE, OR ANY OTHER PART OF THE SERVICE. WHILE CHRIST CULTURE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICES SAFE, CHRIST CULTURE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND NEUTRALIZE VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD. CHRIST CULTURE MAKES NO WARRANTIES REGARDING SECURITY OR RELIABILITY OF THE SERVICES.

CHRIST CULTURE reserves the right to change or delete any and all content and any Services at any time without notice.

15. LIMITATION OF LIABILITY

IN NO EVENT SHALL CHRIST CULTURE OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF OPPORTUNITY, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SERVICES, THE CONTENT, OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE  SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS, OR INJURY CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM CHRIST CULTURE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO CHRIST CULTURE’ RECORDS, PROGRAMS, OR SERVICES. THE AGGREGATE LIABILITY OF CHRIST CULTURE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES, SHALL NOT EXCEED ANY COMPENSATION YOU PAID, IF ANY, TO CHRIST CULTURE FOR ACCESS TO OR USE OF THE SERVICES DURING THE YEAR PRECEDING THE ACT OR OMISSION OUT OF WHICH SUCH LIABILITY AROSE.

CHRIST CULTURE MAKES NO WARRANTIES REGARDING SECURITY OR RELIABILITY OF THE SERVICES.  

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY” OR OTHER LIKE PROVISIONS OF SIMILAR IMPORT.”

16. COMPLIANCE WITH LAWS

You represent and warrant that your use of the Services shall comply with all local, state, provincial, and federal laws.

17. INDEMNIFICATION

You agree to indemnify, defend and hold CHRIST CULTURE, its subsidiaries, affiliated companies and their respective shareholders, directors, officers, employees, agents, attorneys, successors and/or assigns, (the “Indemnified Parties”) harmless from, and to reimburse the Indemnified Parties for, any claims, cost, expenses, losses, demands, damages, legal fees and costs, penalties, and/or liabilities of any kind or nature, resulting from or relating in any way to your use of or inability to use our Services, your conduct on the Services, your violation of these Terms of Use, your violation of the rights of any third party, your performance related to any Statements of Work, or related to any User Content you post. You further agree to indemnify, hold harmless and defend CHRIST CULTURE against any claims asserted or threatened against CHRIST CULTURE by your end users related to or arising in any way out of your breach of warranties or representations, services, operation of your organization, use of our Services, or failure to provide services.  We may defend any such claim, at our option, and you must pay our attorney fees and costs.  This indemnity will continue in full force after expiration or termination of this Agreement.

18. TERM AND TERMINATION

This agreement shall continue until such time as either party terminates.  You may terminate without cause by deactivating the account from “your account” page.   CHRIST CULTURE has the right to terminate the Services without cause only by providing thirty (30) days prior notice to the email account listed by you in your user account information.  In the event this Agreement is terminated, CHRIST CULTURE will make available to you, upon your request, a file of your User Content for download for a period of thirty (30) days after termination. You agree and acknowledge that CHRIST CULTURE has no obligation to retain your User Content or any other data, and may delete same, thirty (30) days after termination.

19. TERMINATION FOR CAUSE

CHRIST CULTURE may immediately terminate this Agreement in the event of your material breach of the terms or conditions of this Agreement.  Any breach of your payment obligations or unauthorized use of your account will be deemed a material breach of this Agreement.  

20. ARBITRATION

In the event of any controversy between the parties, the parties hereto shall consult and attempt to reach a solution satisfactory to both parties.  If they fail to do so within a period of thirty (30) days, then either party may, by notice to the other, demand mediation under the mediation rules of the American Arbitration Association.  If resolution is not reached within sixty (60) days after service of a written demand for mediation, any unresolved controversy or claim (other than claims identified in the CHRIST CULTURE Privacy Policy) shall be settled by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Seattle, Washington.  The arbitrator shall render a written opinion including findings of fact and law and the award and/or determination of the arbitrator shall be binding upon the parties, and their respective administrators and assigns, and shall not be subject to appeal.  Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration shall be shared equally by the parties unless the arbitration determines that the expenses shall be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings shall be concluded within ninety (90) days from the date the arbitrator is appointed.  The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties.  Failure to adhere to this time limit shall not constitute a basis for challenging the award.  Consistent with the expedited nature of arbitration, pre-hearing information exchange shall be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously. This Section shall not apply to claims concerning the ownership, validity, infringement, misappropriation, disclosure, misuse or enforceability of any confidential information, patent right, copyright, mask work, trademark or any other trade secret or intellectual property.  To the fullest extent permitted by applicable law, no arbitration or claim shall be joined to any other arbitration or claim, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the Services be instituted more than two (2) years after the cause of action arose. In the event that any term of this Section (Arbitration) is held to be in conflict with a mandatory provision of applicable law, such conflicting term shall be modified automatically to comply with such provision and the remainder of this Section shall not be affected.

21. APPLICABLE LAW AND VENUE

These Terms of Use and your use of the Services shall be governed by and construed in accordance with the laws of the United States of America and the State of Tennessee applicable to agreements made and to be entirely performed within the State of Tennessee (even if your use is outside of the State of Tennessee), without resort to its conflict of law provisions. You agree that with respect to any disputes or claims not subject to arbitration (as set forth above), any action at law or in equity arising out of or relating to the Services or these Terms of Use shall be filed only in the general sessions courts located in Sumner County, Tennessee and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

22. ASSIGNMENT; CHANGE IN CONTROL

This Agreement may not be assigned by you without the prior written approval of CHRIST CULTURE but may be assigned without your consent by CHRIST CULTURE to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger.

23. SEVERABILITY

If any of these Terms of Use should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be enforced only to the extent it is enforceable, shall otherwise be deemed severed from these Terms of Use, shall not affect the validity and enforceability of any remaining provisions, and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.

24. RELATIONSHIP

You agree that no joint venture, partnership, employment, or agency relationship exists between you and CHRIST CULTURE.

25. WAIVER

No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

26.  FORCE MAJEURE

If the performance of any part of this Agreement by either party is prevented, hindered, delayed, or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God, or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered, or delayed by such causes.

27. ENTIRE AGREEMENT

This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the use of the Services and any acts or omissions of CHRIST CULTURE and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties.