BY CLICKING THE “I AGREE” BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS SERVICE, OR ANY CRU SERVICES OR CONTENT OR DATA PROVIDED THROUGH OR CONNECTED WITH THIS SERVICE (COLLECTIVELY “GODTOOLS SERVICE” OR “SERVICE”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS. CRU RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.
Accessing and Using GodTools
Who can access and use GodTools
You may access and use GodTools only if You agree to and can form a binding contract with Cru, and all use must be in compliance with these Terms and all applicable laws. If you use GodTools on behalf of and for use by a company, organization, or other entity (“Organization”), then (a) references to “You” includes You and that Organization, and (b) You and the Organization each represent and warrant that You are authorized to grant all permissions and licenses provided in these Terms and bind the Organization to these Terms, and that You and the Organization each agree to be bound to these Terms. For use by an Organization, the identifying information of the Organization must be included in the registration in order for your and the Organization’s use to be valid and authorized. Any access or use by anyone under the age of 13 is strictly prohibited.
Our license to You for Access and Use of the GodTools Service
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use and access GodTools. Your use of GodTools is strictly and exclusively limited to ministry use and, if applicable, internal use of the Organization. You may not use GodTools commercially.
GodTools allows you to input content (like your name and email address) and other materials. Anything that you post or otherwise make available on GodTools is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post on GodTools.
How GodTools can Use Your Content
You grant Cru a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content in GodTools for the purposes of operating, developing, providing, and using GodTools. Cru also may use the data for analytics, in order to better understand the tool and its’ effectiveness. Nothing in these Terms restricts other legal rights Cru may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content that we believe violates these Terms or our policies.
How Long We Keep Your Content
Following termination or deactivation of GodTools, or if you remove any User Content from GodTools, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes.
Feedback You Provide
We value hearing from our users, and are always interested in learning about ways we can make GodTools better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Cru does not waive any rights to use similar or related Feedback previously known to Cru, or developed by its employees, or obtained from sources other than you.
Notice and Procedure for Making Claims of Copyright Infringement
Cru is committed to respecting the intellectual property rights of other parties, and we ask you to do the same. Pursuant to Title 17, United States Code, Sections 512(c)(2) and (3), notifications of claimed copyright infringement for materials displayed, or available, in GodTools should be sent to Cru’s Designated Agent:
Dennis R. Kasper, Esq.
Lewis, Brisbois, Bisgaard & Smith, LLP
221 Figueroa Street, Suite 1200
Los Angeles, CA 90012
(213) 250-7900 Fax
Security and Privacy
Cru cares about the security of our users. While we work to protect the security of your content and data, Cru cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use.
Without limiting the foregoing, You shall ensure that you have the correct permissions and rights, including by seeking the express and informed consent of an individual where required by applicable law, for the provision of any information to GodTools and for the use of such information by Cru and the other users of GodTools.
You acknowledge, that the provision of any information to GodTools and the use of GodTools will require the transmission of Personal Data to or from the US.
In respect of any Personal Data or personal information of Donors which is from the European Economic Area (“EEA”), Cru shall be the data controller, as defined under EC Directive (95/46/EC). This is without prejudice to your obligations under these Terms and under applicable data protection law. You shall promptly notify Cru of any request, or complaint made by a regulator or any other person and, if required by Cru, shall at all times cooperate with and assist Cru in executing its obligations under applicable data protection laws or in relation to any enquiry or investigation by any regulator or court.
You are responsible for the security of Your password or other access credentials.
Restrictions on Use of Content, Materials and Marks
Your use of GodTools is subject to Cru and Third Party Intellectual Property Rights. Except as expressly authorized in these Terms, you agree that:
- You will not reproduce, edit, modify, rent, license, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works from any part of GodTools, in whole or in part, by any means now known or later developed;
- You will not modify, decompile, operate or provide the GodTools Service as a service bureau, or reverse engineer any of GodTools;
- You will not access, tamper with, or use non-public areas of GodTools, our computer systems, or the technical delivery systems of our providers;
- You will not attempt to probe, scan, or test the vulnerability of any Cru system or network or breach any security or authentication measures;
- You will not copy, post or transmit any part of GodTools that you receive, access, or retrieve to any server, or network of computers;
- You will not interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing GodTools.
- You will not remove or modify any copyright or trademark notice, or other notice of ownership, displayed on, or affixed to GodTools;
- You are responsible to comply with any laws to protect the privacy of those whose data you input into GodTools, including, if you are an employee of Cru, any and all Cru policies;
- You will not violate any applicable law or regulation; and
- You will not encourage or enable any other individual to do any of the activities prohibited in these Terms.
Cru may terminate or suspend this license, including without limit, Your access or access by specific individuals in the Organization, at any time, with or without cause or notice to you. Upon expiry or termination, by either party and howsoever caused, you continue to be bound by Sections 2 and 5-12 of these Terms. This Agreement may be terminated immediately if you breach any term of this Agreement or violate any law, ordinance or regulation by Your use. Cru may terminate this Agreement at any time or restrict or prevent you from accessing or using the GodTools Service at any time, for any reason or no reason at all, in Cru’s sole and absolute discretion, without providing any notice to you.
You agree to indemnify and hold harmless Cru, it’s affiliated national ministries and area offices (CCCI), and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way arising from or related to (a) Your use of GODTOOLS for commercial purposes (b)in violation of any Section of this Agreement, including Section 1(b), Section 2, and Section 5, as determined in our sole and absolute discretion, (c) your unauthorized access to or use of GODTOOLS, (d) Your User Input.
YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE GODTOOLS SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. YOU ASSUME ANY AND ALL RISK ARISING FROM OR RELATED TO ANY SITUATION, EVENTS OR LOCATION IN WHICH YOU PLACE YOURSELF WHEN USING OR ACCESSING THE GODTOOLS SERVICE. YOU ACKNOWLEDGE THAT USE OF THE GODTOOLS SERVICE IS NOT A SUBSTITUTE FOR YOUR PRECAUTIONS AND GOOD JUDGMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GODTOOLS SERVICE AND ALL SERVICES PROVIDED WITH RESPECT TO USE OR ACCESS TO THE GODTOOLS SERVICE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION OR DATA PROVIDED, CONTAINED, MAINTAINED OR PROCESSED IN OR THROUGH THE GODTOOLS SERVICE AND ALL GOODS AND MATERIALS PROVIDED TO OR THROUGH THE GODTOOLS SERVICE ARE PROVIDED BY CRU ON AN “AS IS” BASIS AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
CRU HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO GODTOOLS SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE GODTOOLS SERVICE AND SERVICES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, INFORMATION OR DATA PROVIDED, ACCESSED, CONTAINED, MAINTAINED OR PROCESSED IN OR THROUGH THE GODTOOLS SERVICE AND ALL SERVICES, PRODUCTS AND MATERIALS PROVIDED TO OR THROUGH THE GODTOOLS SERVICE. YOU UNDERSTAND AND AGREE THAT THERE IS NO GUARANTEE THAT THE CRU GODTOOLS SERVICE WILL FUNCTION AS INTENDED, THAT ALL THE FUNCTIONALITY OR ANY FUNCTIONALITY WILL BE OPERATIONAL AT ALL TIMES. CRU DISCLAIMS ANY LIABILITY FOR DOWNTIME, OPERATIONAL ERRORS, LOSS OF DATA, DELIVERY ERRORS, TRANSMISSION LOSSES OR LACK OF SERVICE. CRU MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR VALIDITY OF ANY SERVICES, INFORMATION OR DATA, INCLUDING THE CORRECTNESS OR APPLICABILITY OF ANY FUNCTION, DATA OR CALCULATION, CONTAINED IN OR PROVIDED BY THE GODTOOLS SERVICE. CRU MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE GODTOOLS SERVICE WILL ALWAYS OR EVER BE OPERATIONALLY OR FUNCTIONALLY AVAILABLE AND YOU ACKNOWLEDGE SUCH. CRU DOES NOT WARRANT THAT THE GODTOOLS SERVICE AND ANY SERVICES WILL BE FREE FROM INTERRUPTIONS, ERRORS OR BUGS, OR HARMFUL OR DANGEROUS CODE. CRU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AND DISCLAIMS ALL SUCH WARRANTIES, INCLUDING EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS RELATING TO THE GODTOOLS SERVICE.
THE PARTIES ALSO AGREE THAT THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (“UCITA”) AS ENACTED IN ANY STATE SHALL NOT APPLY TO THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW UCITA IS HEREBY EXCLUDED IN ITS ENTIRETY FROM APPLICATION TO THIS AGREEMENT.
THE GODTOOLS SERVICE, SOFTWARE AND SERVICES ARE NOT SUITABLE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS. THE TECHNOLOGY AND GODTOOLS SERVICES ARE NOT PROVIDED AND SHOULD NOT BE RELIED UPON BY USER AS A SUBSTITUTE FOR USER’S PRECAUTION AND JUDGMENT.
Cru takes no responsibility and assumes no liability for any data that you or any other user or third party provides, enters, posts, stores or transmits using GodTools.
Cru’s GodTools Service and all intellectual property embodied in, or associated with the Service, related technology and Ministry Data are owned by and are the property of Cru, and subject to applicable patent, copyright, trade secrets, trademarks and other proprietary rights. The technology and access to and use of the GodTools Service and Ministry Data is licensed, not sold, to you for use only under the terms of this Agreement. Cru reserves all rights not expressly granted to the User. The GodTools Service and any authorized copies you make thereof are the intellectual property of Cru. The structure, organization, and code of the GodTools Service are the valuable proprietary and confidential information of Cru. The GodTools Service is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant to You any intellectual property rights in the GodTools Service. The GodTools Service may be covered by one or more pending patent applications.
In the event any claim is brought against You alleging that the GodTools Service or your access and use of the GodTools Service breaches any third-party’s intellectual property rights, your sole remedy is to immediately notify Cru in writing. Cru shall not be liable for any defense, settlement, or discharge of such claim, except as provided in the preceding sentence. You agree that, in the event Cru notifies you to immediately cease using the GodTools Service due to a third-party claim of infringement, regulatory or legal requirement or for any other reasonable purpose, you shall do so promptly
You agree that in the event of a breach of any provision of this Agreement, Cru shall be entitled to seek and obtain injunctive or other equitable relief, or both, in each case without the requirement to post any bond or other form of security, and without such act constituting an election of remedies or disentitling Cru to each and every remedy available at law or in equity for a breach of this Agreement by you.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRU WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE GODTOOLS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY IN GODTOOLS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT WILL CRU’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO GODTOOLS EXCEED THE AMOUNT PAID BY YOU FOR THIS SERVICE.
If you are an employee of Cru, you are subject to Cru’s internal dispute resolution policy provided for in the Employee Handbook. If you are not an employee of Cru, for any dispute you have with Cru regarding GodTools, you agree to first contact us and attempt to resolve the dispute with us informally. If Cru has not been able to resolve the dispute with you informally, we agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Cru agree otherwise, the arbitration will be conducted in the state or federal courts in Orange County, Florida, United States of America. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to GodTools. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CRU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Florida, without respect to its conflict of laws principles. You agree that to submit to the personal jurisdiction of a state or federal court in Orange County, Florida for any actions not subject to Section 12 (Dispute Resolution). Any such actions exclusive venue is Orange County.
Notification Procedures and changes to these Terms: Cru reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted. If a revision, in our sole discretion, is material, we will notify you. By continuing to access or use GodTools after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using GodTools.
Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cru without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
Entire Agreement/Severability: These Terms, together with the Privacy Notice and any amendments and any additional agreements you may enter into with Cru in connection with GodTools, constitutes the entire agreement between you and Cru concerning GodTools. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No Waiver: No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Cru’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.