TERMS OF USE AND PRIVACY POLICY AGREEMENT

FOR STOAR CONSULTING, LLC - THE CHURCH PROCEDURES BUILDER WEBSITE

Agreement.  Please read this Terms of Use and Privacy Policy Agreement ("Agreement") carefully before completing the purchase process and before using any information available through [CHURCHPROCEDURES.COM] (the "Site").  This Agreement applies to you as a user of the Site ("You").  By checking the checkbox on the order form, You acknowledge that You understand and agree to be bound by the terms of this Agreement.  If You do not agree to this Agreement, simply exit the Site.  Your use of the Site will be subject to the most current version of this Agreement at the time of such use.

Purpose and Users.   This Site is provided by Stoar Consulting, LLC, sometimes referred to in this Agreement as “Stoar Consulting – The Church Procedures Builder,” and is used to provide policy, procedure and operational-type information for Christian churches of any size and from any denomination.    

Privacy, Information Utilization and Confidentiality.  Stoar Consulting - The Church Procedures Builder, through this Site, will collect Identifying Information and may collect other aggregate or technical information (such as IP addresses).  For purposes of this Agreement, “Identifying Information” shall mean all personally identifiable information such as your name, address, email address, telephone number or other contact information that You provide.  Identifying Information and any other information or data that you provide will be collectively referenced to as "Information."

Information Provided by Customers

As a general practice, Stoar Consulting - The Church Procedures Builder will not provide Your Identifying Information to third parties without Your consent.  So, for example, Stoar Consulting - The Church Procedures Builder will not sell your email address or name and personal demographics to mass marketers without your consent.   

Stoar Consulting - The Church Procedures Builder's Other Uses of Information

Stoar Consulting - The Church Procedures Builder may use the Information provided by You when performing services for You.  For example, Stoar Consulting - The Church Procedures Builder may use Your email address in order to notify You about a product or when an update to the Site is available.  Likewise, Stoar Consulting - The Church Procedures Builder may use all the Information that You submit to provide information to You (such as a newsletter), to personalize the Site in accordance with Your interests, or to offer You products or services.  Stoar Consulting - The Church Procedures Builder may also use Information provided by You to perform functions such as billing and maintaining its internal operating records.  As a consequence, Stoar Consulting - The Church Procedures Builder may disclose Information provided by You as a necessary component of providing services to You.  Stoar Consulting - The Church Procedures Builder may use Information provided by You on an aggregated basis to do such things as operate the Site and  offer enhanced services.  On occasion, Stoar Consulting - The Church Procedures Builder may provide aggregated or demographic Information to third parties.  However, when Stoar Consulting - The Church Procedures Builder provides such aggregated Information, Stoar Consulting - The Church  Procedures Builder will not disclose Identifying Information.  In certain limited circumstances, Stoar Consulting - The Church Procedures Builder may share Your Identifying Information with third parties who provide services to Stoar Consulting - The Church Procedures Builder in order to enhance the functionality available to You on the Site or to provide You with products or services.  Notwithstanding anything to the contrary set forth herein, in connection with an assignment, sale, joint venture, or other transfer or disposition of some or all of the assets of Stoar Consulting, LLC, or its affiliated entities, You agree that Stoar Consulting - The Church Procedures Builder can accordingly assign, sell, license or transfer any Information, including Identifying Information, that You have provided to us to those third parties directly involved in the transfer or disposition of such assets.

Due to the existing legal, regulatory, technical and security environment, Stoar Consulting - The Church Procedures Builder  cannot fully ensure, nor does Stoar Consulting - The Church  Procedures Builder represent or warrant, that Identifying Information provided by You will not be disclosed to third parties.  For example, Stoar Consulting - The Church  Procedures Builder may be forced to disclose Identifying Information to the government or other third parties under certain circumstances, or third parties may unlawfully access or intercept such Identifying Information.  Additionally, in the unlikely event Stoar Consulting - The Church Procedures Builder  needs to investigate or resolve possible problems or inquiries, Stoar Consulting - The Church Procedures Builder can (and You authorize us to) disclose any Information to private entities, law enforcement or other government officials as Stoar Consulting - The Church Procedures Builder, in its sole discretion, believes necessary or appropriate. 

Correct Information.  You agree not to falsify, misstate, exaggerate or misrepresent any Information that You provide to Stoar Consulting - The Church Procedures Builder by submitting Information through the Site.  You further agree that all Information submitted through the Site by You becomes the property of Stoar Consulting - The Church Procedures Builder, and, subject to the terms of this Agreement, You acknowledge that Stoar Consulting - The Church Procedures Builder may use and disclose all Information in any manner.  You represent and warrant that You have ownership or authority to submit all Information submitted to the Site including all text, sound, image, or other material.  Information is provided by You through the Site to Stoar Consulting - The Church Procedures Builder.  You agree that Stoar Consulting - The Church  Procedures Builder is not responsible for any information or data on the Site and that Stoar Consulting - The Church  Procedures Builder assumes no liability for the accuracy or completeness of such information or data.

Acceptable Use.  You may not use the Site for anything other than a lawful and legitimate purpose.  Regardless of the location from where the Site is used or accessed, You agree to comply with all applicable U.S. and other laws, regulations, statutes and ordinances in connection with the use of the Site.  Examples of prohibited uses include, without limitation:  (a) violation of any proprietary, publicity, privacy, or other right; (b) disclosure of confidential or proprietary information without proper authorization; (c) downloading or otherwise exporting programs or content from the site in violation of U.S. export laws or intellectual property laws; and (d) transmission, storage, or knowing receipt of any obscene or pornographic material and (e) engaging in any misleading, tortious, defamatory, libelous, or offensive activity.  In addition, You agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, disrupt, attack, flood, spam, or otherwise interfere in any way (collectively, "Interfere") with the operation of the Site or related information systems.  If You in any way Interfere with the Site's operation, You agree to pay all damages incurred by Stoar Consulting - The Church Manager or its licensors or providers, including any consequential damages that result from the Interference.  Your Interference with the Site is a material breach of this Agreement and relieves Stoar Consulting - The Church  Procedures Builder of any of its contractual or other legal obligations to You, including Stoar Consulting - The Church Procedures Builder's obligations (including its confidentiality obligations) under its this Agreement.  Stoar Consulting - The Church Procedures Builder will cooperate with the authorities in prosecuting anyone who Interferes with the Site, attempts to defraud any person through the utilization of the Site or the information or data obtained from the Site or its related services.  YOU AGREE NOT TO CIRCUMVENT, OR FACILITATE A THIRD PARTY IN THE CIRCUMVENTION OF, ANY OF THE SITE'S PRIVACY OR SECURITY MEASURES.

Down Time.  Stoar Consulting - The Church Procedures Builder takes commercially reasonable measures so that the Site is available without interruption, except for any scheduled downtime needed to help maintain the effective operation of the Site.  However, difficulties with hardware, software, equipment, connections and services supplied by others may result in service interruptions.  In no event will Stoar Consulting - The Church Procedures Builder be liable to any party for any loss, cost or damage that results from any period of down time suffered by the Site.

Disclaimer of Warranties.  THE INFORMATION PROVIDED ON THE SITE DOES NOT COME FROM STOAR CONSULTING - THE CHURCH PROCEDURES BUILDERBUT IS PROVIDED BY THIRD PARTIES.  STOAR CONSULTING - THE CHURCH PROCEDURES BUILDER TAKES NO RESPONSIBILITY FOR ANY INFORMATION OR DATA ON THE SITE.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION OR DATA CONTAINED ON OR OBTAINED FROM THE SITE IS PROVIDED ON AN "AS IS" BASIS.  STOAR CONSULTING - THE CHURCH PROCEDURES BUILDER DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE FREE FROM ERRORS, MISSTATEMENTS, INACCURACIES, BUGS, OR DEFECTS, OR ACCESSIBLE WITHOUT INTERRUPTION, OR COMPLIES WITH ANY CHURCH OR DENOMINATION TENETS, RULES OF ORDER, OR ANY OTHER MATTER REGARDING THE ADMINISTRATION, GOVERNANCE, ORGANIZATION OR CHURCH POLITY AND ANY CITY, STATE OR FEDERAL LAWS, CODES OR REGULATIONS OR ANY OTHER APPLICABLE AUTHORITY GOVERNING THIS SITE AND ITS USE.  STOAR CONSULTING - THE CHURCH PROCEDURES BUILDER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE  FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, WRITTEN, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, USEFULNESS, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION PROVIDED HEREON.  Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You to the extent that the laws of any such state are deemed to apply to this Agreement or govern Your use of the Site.

Exclusive to the Site.  This Agreement applies only to the Site.  Some third party sites may be linked to, embedded, or framed in, the Site ("Linked Sites").  These Linked Sites may have their own terms of use and privacy policy, which Stoar Consulting - The Church Procedures Builder does not control, and thus are not addressed by this Agreement.  Stoar Consulting - The Church Procedures Builder cannot guarantee, makes no representations about, and assumes no responsibility for, Linked Sites.  Any link, frame, or any other means to access any Linked Site provided by Site or otherwise on a Stoar Consulting - The Church Procedures Builder website does not constitute Stoar Consulting - The Church Procedures Builder's endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.  STOAR CONSULTING - THE CHURCH PROCEDURES BUILDER HAS NO CONTROL OVER LINKED SITES OR THE CONTENT OR SERVICES WITHIN THEM.  STOAR CONSULTING - THE CHURCH PROCEDURES BUILDER CANNOT AND DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE CONTENT CONTAINED IN THE LINKED SITES, INCLUDING, WITHOUT LIMITATION OTHER LINKS, IS ACCURATE, LEGAL, AND/OR INOFFENSIVE.  STOAR CONSULTING - THE CHURCH PROCEDURES BUILDER HAS NO LIABILITY FOR ANY LINKED SITES'  FAILURE TO PERFORM OR ANY ERRORS IN OR OMISSIONS REGARDING ANY INFORMATION WITHIN LINKED SITES.  STOAR CONSULTING - THE CHURCH PROCEDURES BUILDER DOES NOT REPRESENT OR WARRANT THAT A LINKED SITE WILL NOT CONTAIN COMPUTER VIRUSES OR OTHER HARMFUL CODE THAT COULD IMPACT YOUR COMPUTER OR OTHER WEB ACCESS DEVICE.  STOAR CONSULTING - THE CHURCH MANAGER DISCLAIMS ANY AND ALL LIABILITY FOR, OR IN CONNECTION WITH, ANY TRANSACTION OR ACTIVITY RELATED TO AFFILIATE SITES.  If You have a specific dispute or concern related to the content, product, or services that needs to be addressed by a Linked Site, You should contact the Linked Site and not Stoar Consulting - The Church Procedures Builder.   

Limitation of Liability. YOUR USE OF THE SITE OR ANY DATA AND INFORMATION FOUND ON THE SITE IS ENTIRELY AT YOUR RISK.  STOAR CONSULTING - THE CHURCH PROCEDURES BUILDER WILL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THE SITE, YOUR USE THEREOF, OR ANY OF THE DATA OR INFORMATION OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE SITE, OR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS OR LOSSES RESULTING THEREFROM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF STOAR CONSULTING - THE CHURCH MANAGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST STOAR CONSULTING - THE CHURCH PROCEDURES BUILDER FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OF ITS CONTENTS (AS HEREINAFTER DEFINED).  IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542 WHICH SAYS:  "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."  Some states do not allow the foregoing limitations of liability, so they may not apply to You.  

Changes to Agreement.  Stoar Consulting - The Church Procedures Builder may change this Agreement from time to time.  By continuing to use the Site after Stoar Consulting - The Church Procedures Builder posts any such changes, You accept the current version of the Agreement, as modified.  You can always find the current version of this Agreement by checking <<www.CHURCHPROCEDURES.COM/TermsofUse.htm>>.  

Intellectual Property Rights.  Stoar Consulting - The Church  rocedures Builder either owns or has an exclusive license to display all information on the Site and retains, subject to any applicable license agreements, all intellectual property rights with respect to the Site and the information or data found on it.  All Site content included or available on the Site, including all policy, procedure, and operational information, trade names or marks, service names or marks, text, graphics, interfaces, code,  names, software,  compilations, page layout, design, processes, procedures, digital conversion, or other material or technology related to the Site (collectively the "Content") and the selection and arrangement thereof, are the sole and exclusive property of Stoar Consulting - The Church Procedures Builder or its licensors.  The Content is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.  No one may copy, reproduce, distribute in any way, or decompile, reverse engineer, or disassemble the Content in violation of this Agreement.  You are permitted the limited license to the Content as authorized herein.

You may view, copy, print and distribute survey related Content provided that: (i) You maintain a Stoar Consulting - The Church Procedures Builder copyright symbol on all such copies in any form or medium, (ii) the Content is used for information purposes only, and (iii) the Content is used only within Your organization and not sold or distributed to third parties. 

Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, or copyright of Stoar Consulting - The Church Procedures Builder, its licensors, or any third party.

THE CONTENT ON THE SITE IS THE PROPRIETARY PROPERTY OF STOAR CONSULTING - THE CHURCH PROCEDURES BUILDER AND/OR ITS LICENSORS AND IS PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS.  EXCEPT AS SPECIFICALLY PERMITTED HEREIN, YOU AGREE NOT TO DUPLICATE, TRANSLATE, PUBLISH, DISTRIBUTE, MODIFY, EXTRACT DATA FROM, OR OTHERWISE COMMERCIALLY EXPLOIT ANY CONTENT.  YOU AGREE NOT TO LINK OR FRAME, OR ASSIST THIRD PARTIES IN FRAMING OR LINKING INTO ANY OF THE WEB PAGES CONTAINED IN THE SITE.  SUCH FRAMING OR LINKING IS STRICTLY PROHIBITED UNDER THIS AGREEMENT.

All contents of the site are: Copyright © 2005 Stoar Consulting, LLC or its licensors.  All rights reserved. 

Trademarks.  Stoar Consulting - The Church Procedures Builder trade name and the Stoar Consulting - The Church Procedures Builder logo, are trademarks of Stoar Consulting, LLC.  Stoar Consulting - The Church Procedures Builder’s logos and trademarks that appear throughout the Site belong to Stoar Consulting LLC or its affiliates and are protected by U.S. and international trademark laws.  Without Stoar Consulting - The Church Procedures Builder’s express prior written permission, You agree not to display or use in any manner the Stoar Consulting - The Church Procedures Builder trademarks.  Nothing on the Site shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of Stoar Consulting - The Church Procedures Builder, its affiliates or licensors or any third party, whether by estoppel, implication, or otherwise.

Access to Secure Areas.  Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only.  Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

Remedies and Corrective Action.  Stoar Consulting – The Church  Procedures Builder reserves the right to take any or all action it may deem appropriate in its sole discretion with respect to violations or enforcement of the terms of this Agreement, and expressly reserves all rights and remedies available to it at law or in equity. Stoar Consulting – The Church  Procedures Builder reserves the right to refuse any or all service to any user for any reason, at any time, at Stoar Consulting – The Church Procedures Builder's sole discretion. 

Governing Law.  This Agreement shall, for all purposes, be construed, governed by, and enforced solely and exclusively in accordance with the laws of the State of Texas, USA, without giving effect to its conflict of law provisions or Your actual state of residence.  You hereby agree that the courts located in Dallas County, State of Texas, USA, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this Agreement and You hereby irrevocably consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto.

Severability and Waiver.  If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be amended so that it is enforceable to the maximum extent allowed under applicable law and the remaining provisions shall be enforced.  Stoar Consulting - The Church Procedures Builder's failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.  

Indemnification. YOU ACKNOWLEDGE THAT STOAR CONSULTING - THE CHURCH PROCEDURES MANUAL DOES NOT ENDORSE OR ACT IN A REPRESENTATIVE CAPACITY AND IS NOT RESPONSIBLE OR LIABLE FOR OR ON BEHALF OF YOU, ANY LINKED SITE, OR OTHER THIRD PARTY.  TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS STOAR CONSULTING, LLC, ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, INSURERS, AND LICENSORS, INCLUDING, WITHOUT LIMITATION, MARSHA H. WILLIAMSON (COLLECTIVELY, THE “STOAR RELEASED PARTIES”), FROM AND AGAINST ALL CLAIMS, DEMANDS, SUITS, PROCEEDINGS, LOSSES, LIABILITIES, DAMAGES,  EXPENSES, OR ANY OTHER RELIEF, WHETHER LEGAL OR EQUITABLE, AND INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND ANY COSTS OF DEFENSE, MADE BY YOU OR ANY THIRD PARTY, AND WHICH ARISE OUT OF OR RELATE TO EITHER (I) YOUR USE OF THE SITE OR ANY OF ITS CONTENT (AS PREVIOUSLY DEFINED), (II) ANY ACTIVITY BY YOU IN CONNECTION WITH THE SITE OR (III) YOUR BREACH OF ANY PORTION OF THIS AGREEMENT (COLLECTIVELY, THE “INDEMNIFIED CLAIMS”).  YOUR OBLIGATION TO DEFEND, INDEMNIFY, AND HOLD THE STOAR RELEASED PARTIES HARMLESS SHALL SPECIFICALLY INCLUDE, WITHOUT LIMITATION, ANY INDEMNIFIED CLAIM ARISING OUT OF, RESULTING FROM, OR CAUSED BY A NEGLIGENT OR GROSSLY NEGLIGENT ACT OR OMMISSION BY ANY STOAR RELEASED PARTY OR ANY ACT OR OMISSION OF ANY STOAR RELEASED PARTY GIVING RISE TO STRICT LIABILITY OR LIABILITY FOR NEGLIGENCE PER SE.  MOREOVER YOUR OBLIGATION TO DEFEND, INDEMNIFY, AND HOLD THE STOAR RELEASED PARTIES HARMLESS SHALL EXIST REGARDLESS OF WHETHER ANY ACTS OR OMISSIONS BY ANY STOAR RELEASED PARTY WERE A PROXIMATE, PRODUCING, SOLE, OR CONCURRENT CAUSE, OR CAUSE-IN-FACT, OF THE INCIDENT, OCCURRENCE, ACCIDENT, BREACH, DAMAGE, INJURY, OR HARM MADE THE SUBJECT OF THE INDEMNIFIED CLAIM.  FURTHER, YOUR OBLIGATIONS TO DEFEND, INDEMNIFY, AND HOLD THE STOAR RELEASED PARTIES HARMLESS SHALL SURVIVE, CONTINUE, AND REMAIN IN FULL FORCE AND EFFECT AT ALL TIMES AFTER YOUR USE OF THE SITE OR THE TERMINATION OF ANY OF YOUR RIGHTS TO USE THE SITE, AND ARE WITHOUT LIMIT IN AMOUNT AND WITHOUT REGARD TO WHETHER THE INDEMNIFIED CLAIMS ARE COVERED BY, OR WITHIN THE POLICY LIMITS, OF ANY INSURANCE POLICY.

Entire Agreement.  This Agreement constitutes the entire and final agreement between You and Stoar Consulting - The Church Procedures Builder with respect to the Site and Information and replaces any and all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter.