APP TERMS OF USE

Last Updated: Sep 20, 2024

Introduction to Our Terms of Use
Thank you for visiting Grow Church, Inc.’s website and/or mobile app. These terms of use (the “Terms of Use”) govern your access to and use of our website, mobile app, and the services and tools related to the website (including, but not limited to, any mobile and other software applications downloaded from this website or obtained elsewhere) (collectively, the “Services”).

The website, mobile app, and services are available ONLY TO USERS 13 YEARS OF AGE OR OLDER. Please read these Terms of Use carefully. If you have any questions, please contact our Communications Team. By accessing or using the website, mobile app, and services, you agree to our Terms of Use, including our Privacy Policy incorporated herein by reference.

NOTICE REGARDING DISPUTE RESOLUTION: In keeping with 1 Corinthians 6:1-8, these Terms of Use contain provisions that require all disputes that may arise between you and Grow Church hereunder to be resolved by mediation. The Terms of Use also include an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, should mediation be unable to resolve the dispute. Unless you opt-out, you will only be able to pursue claims against Grow Church, Inc. on an individual basis, not as part of any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

1. Modification of the Terms of Use
These Terms of Use may change from time to time, and your continued use of this website, mobile app, and services after we make changes is deemed to be acceptance of those changes. So, please check this policy periodically for updates. Our policy is to post any changes we make to our Terms of Use on this page. If we make material changes to the Terms of Use, we will notify you by email (if you have an email address on record with us) and through a notice on the website or mobile app. The date the Terms of Use was last revised is identified at the top of the page.
2. Access, License and Privacy
2.1 Access and License. Provided you are not under the age of thirteen (13), we hereby grant you a personal, non-exclusive, non-transferable, revocable license to access our website and mobile app and use the Services only for your own personal and noncommercial purposes (the “License”).
1. General Use License:
All material found on the website, mobile app, and services (including visuals, text, icons, displays, databases, recordings (sound, video, or otherwise), media, and general information) is owned or licensed by us. Unless otherwise stated, you may view, download, and print material from the website, mobile app, and services only for your personal, noncommercial use.
2. Exceptions to the General Use License:
Unless you are a Grow Church account holder and have opted in for us to store your credit card information, we will not store full credit card numbers, credit expiration dates, or CVV numbers on our servers. If you have not authorized us to store your credit card information, this info is sent directly to our processor, and the bank will complete the transaction. We store other card information such as name, address, phone number, and email address to assist with your transactions.
Any material provided subject to rights different from those outlined in Section 2.1(a) will be governed solely by such separately stated use rights. Examples of materials provided subject to other use rights include (i) downloadable material obtained from the website, mobile app, and services, where such material requires acceptance of a separate license agreement that governs the use of the material (e.g., downloading of software code published by us and distributed according to an open source license) or (ii) downloading of materials from the website, mobile app, and services that include alternative use rights for the material at the location of the download (e.g. social media kit that has on website offering the kit an authorization to use only as a profile picture on Facebook or Twitter).
3. Restrictions on Use
Without our permission, you may not post material from the website, mobile app, and services on another website, service, or computer network. You may not transmit or distribute material from the website, mobile app, and services to other sites or services. You may not use the website, mobile app, and services, or information found at the website, mobile app, and services (including the names and addresses of those who have submitted information) to sell or promote products or services or to solicit clients or for any other commercial purpose.
In the unlikely event you fail to comply with these Terms of Use, we may terminate the License without notice, and you will no longer be permitted to access the website, mobile app, and services. If we become aware of possible violations of these Terms of Use, we may initiate an investigation that may include gathering information from you or any user involved and examining other material. We may suspend the provision of our Services temporarily or permanently remove the material from our servers, cancel posts, provide warnings to you, or suspend or terminate your access to our Websites. At our sole discretion, we will determine what action will be taken in response to a violation. We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
2.2 Privacy:
We value your privacy and understand your privacy concerns. Please review our Privacy Policy, which also governs your access to and use of the website, mobile app, and services so that you may understand our privacy practices. All information we collect is subject to our Privacy Policy, and by using the website, mobile app, and services, you consent to all our actions concerning your information in compliance with the Privacy Policy. You further understand that any information collected by Grow Church may be transferred to the United States and/or other countries for storage, processing, and use by Grow Church and its affiliates.
3. Registration Policy and Account Security:
You may be asked to open a Grow Church account and provide specific registration details or other information to access the website, mobile app, services, or available resources. Please be sure to (i) provide correct, current, and complete information about yourself as prompted by any registration form for the website, mobile app, or services (such information being the “Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it correct, current and complete. Grow Church will use the email address in your Registration Data to provide notices, statements, and other communications to you, so please keep it current.
If you create or are provided with a username, password, or any other information as part of our security procedures, please treat such information as confidential and do not disclose such information to any other person or entity. Your Grow Church account is personal to you and should not be used to provide any other person access to the website, mobile app, or services. To protect your security, as well as our website, mobile app, and services, you must notify us immediately of any unauthorized access to or use of your username or password or any other security breach. You should use caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
4. Links to Third Party Sites:
The website, mobile app, or services may contain links to third-party websites (“Linked Sites”). We do not control these Linked Sites and are not responsible for the content of, stability of, or any transmission to or from any Linked Site. Grow Church provides these links to you only for convenience. Including any link does not imply endorsement by Grow Church or any association with the link’s operators or guarantee that the content contains accurate information. We recommend you review the privacy statements and terms of use posted on any Linked Sites.
4. Intellectual Property Rights; Content; Copyright Infringement Notification Process
4.1 Intellectual Property Rights:
The materials, services, and content offered on or through the website, mobile app, and services, as well as their selection and arrangement, are protected by intellectual property rights (the “Intellectual Property Rights”), and any unauthorized use of the website, mobile app, and services may violate such Intellectual Property Rights laws and these Terms of Use. Grow Church and its licensors own all rights, titles, and interests in and to the Intellectual Property Rights of the materials, services, and content offered on or through the website, mobile app, and services. These Terms of Use do not convey or transfer any ownership rights to you. The trademarks, logos, and service marks displayed on the website, mobile app, or services, including without limitation “Grow Church,” are the property of Grow Church or other third parties. You are not permitted to use these marks without the prior written consent of Grow Church or such third party that may own the marks. You may not remove or obscure any copyright notice or other proprietary notices contained on the website, mobile app, services, or any materials, services, or content retrieved through the website, mobile app, or services.
4.2 Your Content:
The website, mobile app, and services may allow or require you to post data, text, pictures, videos, recordings, or other materials and information that will be accessible by visitors to the Websites or users of the Services (“Public Content”), or that will only be accessible by you or those designated by you (“Private Content”) (Public Content and Private Content, collectively referred to as “Your Content”). Between you and Grow Church, you remain the sole owner of and solely responsible for Your Content. Grow Church does not claim ownership of any of Your Content, but by submitting Your Content, you hereby grant Grow Church a nonexclusive, worldwide, royalty-free, fully paid up, irrevocable, perpetual right and license to link to, reproduce, distribute, adapt, promote, display, and sublicense Your Content, including without limitation using Your Content in marketing materials for Grow Church. (e.g., photos from your Public Group Profile). While we retain these rights, we will do our best to contact you if Your Content will be used for marketing purposes. Grow Church does not endorse, guarantee, or assume any responsibility, obligation, or liability relating to Your Content, including without limitation liability for third-party claims against users of the website, mobile app, or services for defamation, libel, slander, infringement, invasion of privacy, violation of publicity rights, obscenity, pornography, profanity, fraud or misrepresentation. Unless required otherwise by law or unable to determine the source of Your Content, Grow Church will attempt to contact you before removing any of Your Content. However, Grow Church reserves the right to remove any of Your Content at any time, with no obligation to notify you of the removal, where Grow Church believes in good faith that such removal is appropriate. Publication of Your Content is at the sole discretion of Grow Church.
4.3 Prohibited Content:
We want to maintain a website, mobile app, and services that provide a positive, healthy experience for all. Therefore, while using the website, mobile app, or services, you agree that you will not upload, post, email, transmit or otherwise make available any Public Content or Private Content that: (i) is unlawful, harmful, threatening, abusive, harassing, tortious, infringing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or is racially, ethnically or otherwise objectionable; (ii) creates a risk of harm, loss, or damage to any person or property or a risk of physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal; (iii) seeks to harm or exploit minors in any way, including, but not limited to, by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) violates, or encourages any conduct that violates laws or regulations or contains any information or content that is illegal; or (v) infringes any third party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights or contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
4.4 Prohibited Conduct:
While using the website, mobile app, and services, you agree not to engage in any of the following prohibited activities: (i) use, display, mirror, or frame the website, mobile app, or services, any individual element within the website, mobile app, or services, the Grow Church name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent; (ii) access the website, mobile app, and services by any means other than through the interface provided by Grow Church and as otherwise expressly authorized under these Terms of Use; (iii) access, tamper with, or use non-public areas of the website, mobile app, services, our computer systems, or the technical delivery systems of our providers; (iv) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Grow Church or any of our providers or any other third party (including another user) to protect the website, mobile app, or services ; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any of Your Content transmitted through the website, mobile app, or services ; (vi) attempt to access or search the website, mobile app, or services or scrape or download any user content from the website, mobile app, or services , or otherwise use or upload content to, or create new links, reposts, or referrals in the website, mobile app, or services through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Grow Church or other generally available third party web browsers; (vii) send or post onto the website, mobile app, or services any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation; (viii) use any meta tags or other hidden text or metadata utilizing the website, mobile app, or services or an Grow Church trademark, logo, or URL without Grow Church’s express written consent; (ix) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the website, mobile app, or services ; (x) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending or posting a virus, overloading, flooding, spamming, or mail-bombing the website, mobile app, or services ; (xi) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the website, mobile app, or services (including your account) or your access to or use of the website, mobile app, or services ; (xii) collect or store any personally identifiable information from other users of the website, mobile app, or services without their express permission; (xiii) stalk or otherwise harass another person or entity; (xiv) impersonate or misrepresent your affiliation with any person or entity; (xv) violate any applicable law or regulation; or (xvi) encourage or enable any other individual to do any of the activities prohibited in these Terms of Use.
4.5 Transmission of Your Content:
The term “Your Content” also includes registration information, business and financial information, electronic transmissions, and all other data contained within emails or otherwise submitted by you or entered electronically while using the website, mobile app, or services. You understand that the technical processing and transmission of Your Content (including the possible transmission of Your Content outside its country of origin) may be necessary to your use of the materials, services, and content offered on or through the website, mobile app, or services and consent to Grow Church’s interception and storage of Your Content. You understand that you or Grow Church may be transmitting Your Content over the Internet and various networks, only part of which Grow Church may own and operate. You agree that Grow Church is not responsible for any portions of Your Content that are lost, altered, intercepted, or stored without authorization during the transmission of Your Content across networks not owned and operated by Grow Church.
4.6 Copyright Infringement Notification Process:
Grow Church abides by the Federal Digital Millennium Copyright Act (the “DMCA”). If you believe that any content included on the website, mobile app, or services is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify Grow Church of any such copyright or other Intellectual Property Rights infringement. Similarly, if you believe that Your Content has been inappropriately removed, you may send a counter-notification.
In either case, your written notice should be sent to our designated agent as follows:

DMCA Complaints
Grow Church, Inc.
Attn: Communications Director/Coordinator
15300 Tamiami Trail N., Naples, FL 34110
Email: info@growchurch.com

Please also note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these Terms of Use. Before sending either a copyright infringement notification or counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Grow Church’s rights and obligations under the DMCA and do not constitute legal advice. Grow Church will remove the infringing content, subject to the procedures outlined in the DMCA.

4.6.1 Copyright Infringement Notification:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works.
3. Identification of the material claimed to be infringing or being the subject of infringing activity, which is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs is the best way to help us locate content quickly.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right allegedly infringed.

4.6.2 Counter-Notification:
If Your Content has been taken down, you may elect to send us a counter-notice. To be effective your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

5. Disclaimer of Warranties/Limitation of Liability

While we try to provide the website, mobile app, and services at a standard that we would expect to receive from others providing similar websites, mobile apps, or services, no one and no thing is perfect. THEREFORE, THE WEBSITE, MOBILE APP, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GROW CHURCH AND ITS SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE “GROW CHURCH PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE GROW CHURCH PARTIES DO NOT WARRANT THAT THE WEBSITE, MOBILE APP, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR SERVERS THAT MAKE THE WEBSITES, MOBILE APP AND SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DESCRIPTIONS OR DEPICTIONS, OR OTHER CONTENT OFFERED AS PART OF THE WEBSITE, MOBILE APP, OR SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, MOBILE APP, AND SERVICES ARE AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE WEBSITE, MOBILE APP, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE WEBSITES, MOBILE APP OR SERVICES. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE, MOBILE APP, SERVICES, OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE GROW CHURCH PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.

YOU UNDERSTAND AND AGREE THAT THE GROW CHURCH PARTIES WILL NOT BE LIABLE TO YOU FOR ANY 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 AN AVIXENA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE WEBSITES, MOBILE APP OR SERVICES . IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITES, MOBILE APP OR SERVICES.

6. Indemnification
You agree to indemnify, defend, and hold harmless the Grow Church Parties from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you or any other actions connected with your use of the website, mobile app or services. Your indemnification obligations include, without limitation, claims arising out of any of Your Content, as well as any claims arising out of acts or omissions by your agents and any other person or entity who gains access to Grow Church’s materials, services or content through your name either with your permission or as a result of your failure to use reasonable security measures.

7. Injunctive Relief
Your breach of these Terms of Use may result in immediate and irreparable harm to us, for which there may be no adequate remedy at law, and, therefore, you agree that we are entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation, and disclosure of information obtained through the website, mobile app or service, which is in addition to any other remedies available at law or in equity.

8. Arbitration Agreement and Waiver of Class Action
Except as set forth below, ANY DISPUTE OR CLAIM ARISING UNDER THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE, OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, MOBILE APP OR SERVICES WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT; provided, however, that the following are exceptions to our agreement to arbitrate our disputes:
1. a) Any claim that qualifies as a small claim in a court of limited subject matter jurisdiction must be brought in such court and
2. b) Any claim for injunctive relief may be brought in a court of competent jurisdiction to enjoin intellectual property infringement or misuse.
Any dispute or claim arising under these Terms of Use, including the Privacy Policy incorporated herein by reference or relating in any way to your use of the website, mobile app, or services, will first attempt to be resolved by mediation, and if not resolved by mediation, then you may begin an arbitration proceeding by mailing a request for arbitration and description of your claim to Communications Team, 15300 Tamiami Trail N., Naples, Florida, 34110

The arbitrator will have the power to rule on any challenge to its jurisdiction or the validity or enforceability of any portion of this agreement to arbitrate. Notwithstanding any of the foregoing, THE ARBITRATOR WILL NOT BE EMPOWERED AND DOES NOT HAVE THE AUTHORITY TO HEAR OR DECIDE ANY CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, TO AWARD PUNITIVE OR EXEMPLARY DAMAGES OR TO AWARD ATTORNEYS’ FEES TO THE PREVAILING PARTY. Arbitration under this section shall be conducted according to the Rules of the American Arbitration Association.

You may opt out of this agreement to arbitrate by providing written notice of your intention to do so to Grow Church within 60 days of your first use of the website, mobile app, or services or your creating a Grow Church account. By using the website, mobile app, or services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms of Use (including the Privacy Policy incorporated herein by reference) and any dispute or claim of any sort that might arise between you and Grow Church.

9. No Waiver; Severability
A waiver of any breach of any provision of these Terms of Use is not a waiver of any repetition of such breach and will not in any manner affect any other terms or conditions of these Terms of Use. We do not waive any rights by the failure to enforce any provision of these Terms of Use in every instance in which it might apply. In the event that any provision of these Terms of Use is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision.

10. Assignability
We may assign our rights and delegate our duties under these Terms of Use either in whole or in part at any time without notice. You may not assign, sublicense, or otherwise transfer your rights or obligations, in whole or in part, under these Terms of Use to anyone else without our prior written consent.

11. Relationship
This Agreement does not establish any relationship of partnership, joint venture, employment, franchise, or agency between you and us.