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User Agreement

1. INTRODUCTION; ARBITRATION NOTICE & CLASS ACTION WAIVER

This User Agreement (“Agreement”) explains the terms that apply when you access, visit, register for, subscribe to, or otherwise use the websites, newsletters, digital services, and related offerings operated by Christianity Now (“Christianity Now,” “we,” “us,” or “our”) (collectively, the “Service”).

This Agreement applies only to the Service we own or control. It does not apply to third-party sites, apps, or services—even if we link to them.

You can review this Agreement at any time through links provided on the Service (for example, in the footer or menu). By purchasing a subscription or other product, creating an account, posting content, or otherwise using the Service, you agree to be bound by this Agreement and our Privacy Policy, along with any additional terms we may display at checkout or within specific areas of the Service. If you do not agree, do not use the Service.

We may update this Agreement from time to time. When we do, we will revise the “Last Updated” date. If changes are material, we may provide a notice on the Service. Your continued use after changes become effective means you accept the updated Agreement.

ARBITRATION NOTICE AND CLASS ACTION WAIVER (IF APPLICABLE):

Except for certain disputes described in the Dispute Resolution section below, you and Christianity Now agree that disputes will be resolved through binding, individual arbitration, and that you waive any right to participate in a class action or class-wide arbitration. Please read the Dispute Resolution section carefully.

If you violate this Agreement—or use the Service in a way that is inconsistent with its terms—we may, at our discretion, suspend or terminate your account, restrict your access to the Service (in whole or in part), and/or stop providing you with any products or features, with or without notice, in addition to any other remedies available to us. We may also take reasonable technical, legal, or other steps to prevent misuse, enforce these Terms, and address suspected violations. You agree that, where permitted by law, we may seek injunctive or other equitable relief to stop or prevent a breach of this Agreement.

If there is any conflict between this User Agreement and other terms, rules, or policies that apply to a particular feature, product, or portion of the Service, the applicable terms for that specific feature or product will control to the extent of the conflict. Where interpretation is required, we may determine in good faith which terms apply and how they will be enforced, consistent with applicable law.

2. COMMUNITY MONITORING & COMPLAINTS AGAINST OTHER USERS

2.1 Monitoring

To help keep the Service safe and constructive, we may monitor activity and user submissions for compliance with this Agreement, and you consent to that monitoring. However, we do not guarantee that any portion of the Service will be reviewed for accuracy or unacceptable use, that statements of fact will be verified, or that we will take action in response to any particular issue or dispute. We generally do not pre-screen user content before it is posted or shared, so you may encounter material that is inaccurate, opinionated, offensive, or otherwise inappropriate, including content that may violate this Agreement.

Because we do not pre-screen everything, you may encounter content that is inaccurate, opinionated, offensive, or otherwise objectionable. Use the Service at your own discretion.

What to Do if You Have a Complaint Against Another User

By using the publicly accessible portions of the Service, you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including Content that may violate this Agreement. Please understand that not all such Content is actionable. You may not use the Service—or submit complaints about other users—to pursue or escalate a personal dispute. If you have a legitimate complaint about another user, please take the steps below:

Harassment: If you have reason to believe another person is using the Service in a way that is harmful to you or others (for example, impersonating or imitating you, stalking, bullying, threatening, intimidating, or otherwise harassing you or others), we urge you to contact your local law enforcement or the appropriate state or federal authorities.

Copyright Complaints: If you believe your Content has been copied and/or made accessible on the Service in a manner that constitutes copyright infringement, or if the Service links to or references another site, application, destination, or service that contains infringing Content or activity, you may notify us as described in the section titled “Copyright Complaints.”

CyberCrime: If you have reason to believe you may be the victim of an online crime—such as identity theft, fraud, infringement, or hacking—you may contact the Internet Crime Complaint Center (IC3) at www.ic3.gov, a partnership between the Federal Bureau of Investigation (FBI), the National White Collar Crime Center (NW3C), and the Bureau of Justice Assistance (BJA).

IMPORTANT: Making false or inaccurate accusations that someone has committed a crime, engaged in inappropriate conduct, or violated this Agreement may violate criminal and/or civil law and could expose you to liability for damages, including costs and attorneys’ fees.

3. ACCOUNTS, REGISTRATION & PROFILE CREATION

3.1 Registration Information

To access certain features (such as subscriptions, purchases, comments, events, or community areas), you may need to create an account and provide information such as your name, email address, mailing address, and payment details (“Registration Information”).

Registration Information

We may, at times, require that you register for certain Products (such as contests and surveys) and/or to make purchases, or register and/or set up an account/profile to access, visit, and/or use certain portions of the Service (or the Service as a whole). In those cases, you may be provided—or required to choose—a password and/or User ID, and you may be asked to provide a credit, debit, or payment account number or other payment information, as well as your name, telephone number(s), email address, and/or street address. Other Personal Information, such as your age, gender, and preferences, may also be requested. You may also be asked to provide similar information by telephone, postal mail, or through social media interaction or messaging (e.g., email, SMS, MMS, or similar technologies). All such information is referred to in this Agreement as your “Registration Information.” We may use and share your Registration Information as described in our Privacy Policy.

You agree, represent, warrant, covenant, and guarantee that all Registration Information you provide is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be someone else when registering and/or setting up an account/profile on the Service. If any of your Registration Information changes, you are responsible for updating it promptly using the mechanism or contact information on the Service that allows you to change or update your Registration Information, if available. If no such mechanism or contact information is available, please notify our Privacy Policy Coordinator as described in our Privacy Policy. WE SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE, OR UP-TO-DATE REGISTRATION INFORMATION, INCLUDING WITHOUT LIMITATION YOUR FAILURE TO RECEIVE CRITICAL INFORMATION. WE SHALL NOT BE RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION.

We reserve the right, at any time and with or without notice, to remove, require changes to, or reclaim any password and/or User ID provided to you, any avatar you may use, or other Registration Information, and to change the access means or methods for portions of the Service, the Service as a whole, or certain Products.

You are solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize or permit any other person to access and/or use your Registration Information, or to access, visit, and/or use the Service through your account/profile and/or Registration Information. You may not access and/or use anyone else’s Registration Information, or access, visit, and/or use the Service through another person’s account/profile and/or Registration Information. You may not sublicense, transfer, sell, rent, or assign your Registration Information to any third party without our prior written approval. Any attempt to do so will be null and void and will be considered a material breach of this Agreement.

You are solely responsible for all access to, visitation of, use of, and activity on your account/profile, including, without limitation, any use by a person who uses your Registration Information with or without authorization, or who has access to any Device on which your account/profile is stored or accessible. You acknowledge and agree that we may, and you specifically authorize us to, process all transactions—including without limitation purchases and/or registrations for Products—that are initiated through the use of your Registration Information.

If you have reason to believe your account/profile is no longer secure (for example, due to loss, theft, or unauthorized disclosure or use of your Registration Information), you are responsible for promptly changing the affected Registration Information using the mechanisms or contact information provided on the Service (if available) and/or closing your account/profile. If no such mechanism or contact information is available on the Service, please immediately notify our Privacy Policy Coordinator as described in our Privacy Policy.

If you believe your account is compromised, notify us immediately at customerservice@christianitynow.com and change your credentials where possible.

3.2 Fees, Billing & Payment Authorization

Fees and Payments

We and our Third Party Providers may charge Fees for Products and/or for access to any portion(s) of the Service or the Service as a whole. You agree to pay all such Fees at the rates in effect for the billing period in which the fees and charges are incurred. Unless otherwise specified on the Service, all Fees will be quoted and charged in U.S. dollars. We and our Third Party Providers reserve the right to change the amount of, or the basis for determining, any Fees, and to institute new Fees.

If you submit a credit, debit, or payment account number, or other payment information upon registration, at the time of purchase, or otherwise, you authorize, give us and our Third Party Providers permission, and direct us and our Third Party Providers to retain that information and to charge all Fees to that payment method.

We may charge Fees in advance and on a daily, monthly, yearly, lump-sum, or other basis. Fees for certain Products may be invoiced on your mobile carrier’s or other Third Party Provider’s bill. We may, in our sole discretion, charge Fees to your designated payment method individually, or elect to aggregate Fees for some or all of your purchases. All Fees are due promptly and, unless otherwise indicated, are non-refundable. You must notify us of any billing problem or discrepancy within thirty (30) days after it first appears on your statement; otherwise, you waive any right to challenge or dispute such problem or discrepancy.

If Fees cannot be charged to the payment method you designate, or payment is returned to us for any reason (including a chargeback), we reserve the right, in addition to our other remedies, to: (i) demand immediate payment of all outstanding Fees due; (ii) assess an additional 1.5% late charge, or the highest amount allowed by law, whichever is lower; (iii) take any and all lawful steps necessary to collect Fees owed, and you will be responsible for all costs and expenses incurred in connection with such collection activity, including collection fees, court costs, and attorneys’ fees; (iv) charge such Fees to any other payment method you have on file with us and/or our Third Party Providers; and (v) terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the Service (or any portion thereof), and/or this Agreement, including without limitation any of our purported obligations hereunder.

In addition, you are responsible for obtaining and maintaining, at your own expense, all equipment, hardware, software, and telephone, cable, mobile, wireless, Internet, and other services necessary to access, visit, and/or use the Service. If you access the Service via a mobile Device, your mobile carrier may charge fees for data, text messaging, and other mobile access or communications services.

4. SENSITIVE INFORMATION & “NO ADVICE” DISCLAIMERS

4.1 No Individual Advice

No Individual Advice.

While you may freely discuss topics of interest to you, and the Service may include general Content and Products relating to a range of topics—including medical, health, legal, tax, or financial issues—you should not rely on the Service for individual advice on any such matters. Instead, we recommend that you speak in person with a qualified professional. You alone bear sole responsibility for evaluating the merits and/or risks associated with using any Content or Products before making decisions based on that Content or those Products.

THE PRODUCTS AND CONTENT AVAILABLE ON OR THROUGH THIS SERVICE ARE IN NO WAY INTENDED TO, AND SHALL NOT BE CONSTRUED TO: (A) CONSTITUTE PROFESSIONAL MEDICAL, HEALTH, LEGAL, TAX, OR FINANCIAL ADVICE; (B) RECOMMEND, ENDORSE, OR ADVISE REGARDING ANY FINANCIAL INSTRUMENT OR INVESTMENT STRATEGY; OR (C) DIAGNOSE, CURE, OR TREAT ANY MEDICAL, HEALTH, OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL. FOR EXAMPLE, SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW DIET, AND ASK YOUR DOCTOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, WE AND THIRD PARTY PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE PRODUCTS OR CONTENT OBTAINED ON OR THROUGH THIS SERVICE.

5. RULES OF USE

 5.1 Your Use of the Service

The Service is not intended for users under the age of 13, and such users are expressly prohibited from using the Service, registering for any Products (such as contests or surveys), making any purchases, or registering for any aspect of the Service; by taking any such actions, you agree, represent, warrant, covenant, and guarantee that you are 13 years of age or older. PARENTS: Note that parental controls (such as computer hardware, software, and filtering services) are available that may help limit access to material deemed inappropriate for minors.

You shall ensure that the Device and all equipment, hardware, software, products and/or services you use to access, visit, or use the Service do not disturb or interfere with our operation of the Service, or impede or interfere with others’ access, visitation, and/or use of the Service. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from the Service any Device or other equipment, hardware, software, product and/or service causing interference with us, Third Party Providers, the Service, or any Product or Content.

If you provide to us the number for a Device, or we obtain the device identifier for a Device you are using, you agree, represent, warrant, covenant, and guarantee that such Device is registered in your name and owned by you, or that you have permission of the Device owner(s).

Unless otherwise specified, the Service is intended for your personal, non-commercial use only. You may not access, visit, use, and/or store the Service or any of its Content except for personal, non-commercial use. Non-commercial use does not include use of the Service—except with prior written consent—in connection with the development, training, fine-tuning, or grounding (including through retrieval-augmented generation (RAG)) of any large language model, foundation model, deep machine learning, or generative artificial intelligence model or algorithm, or any software or tool that incorporates generative artificial intelligence. You are solely responsible for all usage of, or activities on, the Service by you and by those you authorize or allow to use, or provide access to, the Service, for example by authorizing or allowing access to your account/profile or any Device on which the Service resides or is accessible.

You acknowledge that we have not reviewed and do not necessarily endorse the Content or Products available on or through sites, applications, destinations, or services linked to or accessible from this Service, and we are not responsible for the Content, Products, or actions of any other sites, applications, destinations, or services. Your linking to or accessing any other site, application, destination, or service is at your sole risk.

You must comply with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations in accessing and using the Service, and you will immediately notify us if you learn of or suspect a security breach or any illegal activity in connection with the Service.

You must comply with all applicable import and export control laws, rules, and regulations of the United States and other countries, and you must not transfer—by electronic transmission or otherwise—any Content or Products subject to restrictions under such laws, rules, or regulations to any site, application, destination, location, person, or entity, or for any end use, prohibited thereby. You will not post, upload, transmit, send, or otherwise make available any Content on or through the Service that cannot be exported without prior government authorization or notification, including without limitation certain types of encryption software.

You agree, represent, warrant, covenant, and guarantee that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Content and Products that are provided by us and authorized Third Party Providers, as well as the organization, design, compilation, and “look and feel” of the Service, and all advertising thereon, are protected by local, state, federal, provincial, national, international, and foreign copyright, trademark, and other intellectual property laws, rules, and regulations, and are the property of us or such authorized Third Party Providers.

Certain Content or Products may be identified as available to you on or through the Service for download, installation, and/or streaming on your Device, and via Real Simple Syndication (RSS). Such Content or Products are subject to the same terms, conditions, limitations, and restrictions applicable to all Content and Products provided by us and authorized Third Party Providers. You must, in addition to all of your other obligations, use such Content and/or Products only to the extent expressly authorized for the particular Content or Product, and you may not use such Content or Product in a manner that exceeds such authorization.

5.2 Prohibitions on Use of the Service

Absent explicit prior written consent in certain situations, you may not, nor may you allow, enable, authorize, instruct, encourage, assist, suggest, inform, or promote that others, directly or indirectly, do any of the following for any reason:

CAUTION: ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICE, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.

6. CONTENT, FEATURES & COPYRIGHT

6.1 Comments on the Service are Not Necessarily Endorsed by Us.

We do not necessarily endorse, support, sanction, encourage, verify, or agree with any comments, opinions, or statements posted, uploaded, transmitted, sent, or otherwise made available on or through the Service. Any Content posted, uploaded, transmitted, sent, or otherwise made available on or through the Service—including advice and opinions—reflects the views and responsibility of the person(s) posting such Content and does not necessarily represent our views or the views of our licensors, vendors, and/or service providers. You agree that we and our licensors, vendors, and/or service providers are not responsible, and shall have no liability to you, with respect to any Content posted, uploaded, transmitted, sent, or otherwise made available on the Service, including Content that violates this Agreement.

6.2 Use of Content Supplied by You.

To learn about our use of your Personal Information that may be collected in connection with your access, visitation, and/or use of the Service, please review our Privacy Policy. Except as expressly provided otherwise in this Agreement, you or the owner of any Content you post, upload, transmit, send, or otherwise make available on or through the Service retains ownership of all rights, title, and interests in such Content. However, by posting, uploading, transmitting, sending, or otherwise making available Content, registering for the Service, entering a sweepstakes or contest, or engaging in any other form of communication with us (on or through the Service or otherwise), you irrevocably grant us a royalty-free, perpetual, nonexclusive, unrestricted, worldwide right and license to copy, reproduce, modify, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse-engineer, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, use, or change all such Content and communications, in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. Among other things, this means that we may use any ideas, suggestions, developments, and/or inventions that you post, upload, transmit, send, or otherwise make available in any manner as we see fit without any compensation or attribution to you. In any event, you should make copies of, or otherwise back up, any and all Content, Personal Information, or communications you post, upload, transmit, send, or otherwise make available on or through the Service that you may wish to retain.

Please be aware that Content you disclose in publicly accessible portions of the Service may be available to other users, so you should be mindful of Personal Information and sensitive Content you may wish to post. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF CONTENT OR PERSONAL INFORMATION YOU POST, UPLOAD, TRANSMIT, SEND, OR OTHERWISE MAKE AVAILABLE ON THE SERVICE.

6.3 Editing, Additions and Deletions.

We reserve the right, but undertake no duty, in our sole discretion, with or without notice, to review, edit, move, add, delete, or otherwise change any features, functionality, and/or Content available on or through, or downloadable from, the Service, including without limitation any Content in your account/profile, or any of your messages, posts, or threads. This includes updates or upgrades to Content, automatic or otherwise. You agree to accept, and to take no action to interfere with, automatic upgrades or updates. Any changes to the Service may not be consistent across all platforms or Devices. If you do not refresh the Service after each such change, or download the update(s) or upgrade(s), your experience may not reflect the most recent features, functionality, and/or Content, for which we disclaim any and all responsibility and liability. If any changes require you to obtain a new, additional, or different Device or other equipment, hardware, software, and/or telephone, mobile, wireless, Internet and/or other services, you are solely responsible for any additional expense. Even after Content is removed from your account/profile, your messages, post(s), and/or threads—whether such removal or deletion is by you or by us—copies of that Content may be retained and/or remain viewable by us, our licensors, vendors, service providers and/or other third parties, including other users.

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, in addition to our other remedies, terminate, discontinue, suspend and/or restrict the account/profile or ability to access, visit, and/or use the Service of users who infringe the copyright rights of others, and we may choose to remove, delete, erase, or disable access to Content deemed to be infringing.

We may take the actions described immediately above in Section 6.4 even for a single act of infringement. It is our policy to terminate the access of repeat infringers. If you are the subject of any of the aforementioned actions, you agree not to attempt to establish a new account/profile with the Service under any name, real or assumed, or otherwise attempt to access, visit, or use the Service. Please note that to the extent the Service or portions thereof do not limit usage to subscribers or account holders, we are not able to terminate, discontinue, suspend and/or restrict users who are neither subscribers nor account holders. Nothing herein shall limit our remedies in law or equity or by contract.

If you have reason to believe that your Content has been copied and/or is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another site, application, destination or service that contains Content or activity that infringes your copyright rights, you may notify us by providing a document via fax, first class U.S. mail, or e-mail that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512) to our copyright agent set forth below:

IMPORTANT: Misrepresentations made in a notice claiming that content or activity is infringing may violate the Digital Millennium Copyright Act and may expose you to liability for damages (including costs and attorneys’ fees). Courts have found that you must consider copyright defenses, limitations, or exceptions before sending a notice. Accordingly, if you are not sure whether content residing on our Service infringes your copyright, we suggest that you first contact an attorney. In addition, please determine whether the content you are sending a notice about is actually residing on our Service before sending the notice.

Email: copyright@christianitynow.com

Note: Only copyright complaints should be sent to the Copyright Agent. No other communications will be acted upon or responded to.

For communications on other matters, please contact us through the means described on the Service, if available (for example, in the “Contact Us” section), or if no such means are specified, contact our Privacy Policy Coordinator as described in our Privacy Policy.

PLEASE NOTE: The information presented here is for informational purposes only and is not legal advice.

 VII. PRODUCTS MADE AVAILABLE BY US

We May Receive Compensation. WE MAY RECEIVE A COMMISSION, FEE, AND/OR OTHER COMPENSATION ON SOME PURCHASES MADE ON, THROUGH, OR LINKED FROM THE SERVICE.

Product Orders, Prices, Quantities.

Images available of Products may not accurately capture the actual appearance, color, look and feel, specifications, features, or functionality of such Products. Nothing on the Service constitutes a binding offer to sell, rent, auction, distribute, or give away any Products. We reserve the right at any time after receipt of your order or bid to accept or decline such order or bid (or any portion thereof), or to not ship to particular addresses, even after your receipt of an order or bid confirmation or after you have been charged. Unless otherwise indicated on the Service, all prices are quoted in U.S. dollars and are intended to be valid and effective only in the United States. If Products are listed at an incorrect price, we have the right to refuse or cancel orders or bids placed at the incorrect price, regardless of whether the order or bid has been confirmed or you have been charged. If your order or bid is canceled by us after you have been charged, we will issue a credit. We reserve the right at any time to limit the quantities of Products that you, your family, or any group seek.

Limitations of Liability.

EXCEPT FOR PRODUCTS THAT SPECIFICALLY IDENTIFY US AS THE SELLER, ALL TRANSACTIONS FOR PRODUCTS AVAILABLE ON OR THROUGH THE SERVICE SHALL BE BETWEEN YOU AND THE THIRD PARTY PROVIDER WITHOUT ANY INVOLVEMENT BY US. IF YOU BID ON, PURCHASE, ORDER, OBTAIN, OR RESEARCH PRODUCTS ON OR THROUGH THE SERVICE, YOU ACKNOWLEDGE THAT WE ASSUME NO RESPONSIBILITY FOR THE QUALITY, QUANTITY, SIZE, CHARACTER, FITNESS FOR A PARTICULAR PURPOSE, SPECIFICATIONS, FEATURES, FUNCTIONALITY, SAFETY, OR LEGALITY OF SUCH PRODUCTS, THE TRUTH OR ACCURACY OF LISTINGS, OR THE ABILITY OF SELLERS TO SELL, SHIP, OR OTHERWISE PROVIDE SUCH PRODUCTS. YOU AGREE THAT WE ARE NOT RESPONSIBLE, AND SHALL HAVE NO LIABILITY, WITH RESPECT TO ANY PRODUCTS AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ILLEGAL, OFFENSIVE, OR ILLICIT ITEMS, EVEN ITEMS THAT VIOLATE THIS AGREEMENT.

Warranty Claims.

In the event any Product fails to conform to any applicable warranty, you may be able to notify the applicable Third Party Provider to receive a refund of all or part of the applicable Fees, if any (to the maximum amount permitted by applicable law), and neither we nor our Third Party Providers will have any other warranty obligation whatsoever with respect to that Product.

Your Usage Obligations.

Unless expressly permitted by us, all Products are intended for your personal, non-commercial use only, and you may not rent, lease, lend, sell, share, provide, give, or otherwise transfer a Product to a third party. You are solely responsible for all use of any Product by you and by those you authorize or allow to use the Product. You must use Products in compliance with all applicable international and U.S. laws, rules, and regulations, and you must not make improper use of any Product, as determined in our sole reasonable discretion.

Indemnification.

You agree to indemnify, defend, and hold harmless us from and against any and all Claims that may arise out of or are in any way connected with your access, visitation, and/or use of the Service, your Content, unauthorized use of Content or Products obtained on or through the Service, breach or alleged breach of the Agreement, or any of your acts or omissions in connection with the Service.

Disclaimer of Warranty and Limitation of Liability

YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE, CONTENT, AND ANY PRODUCTS AT YOUR OWN RISK. THE SERVICE, CONTENT, AND PRODUCTS ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS, AND WE DO NOT MAKE, AND WE HEREBY EXPRESSLY DISCLAIM, ANY AND ALL REPRESENTATIONS, WARRANTIES, COVENANTS, AND GUARANTEES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE, OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY PRODUCTS, CONTENT CONTAINED THEREIN OR PROVIDED BY US, OR THE SERVICE. WE DO NOT REPRESENT, WARRANT, COVENANT, OR GUARANTEE THAT ACCESS TO ANY PRODUCT, CONTENT, THE SERVICE AND/OR COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT THERE WILL BE NO FAILURES, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR LOSS OF TRANSMITTED CONTENT OR PRODUCTS, OR THAT NO SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE WILL BE TRANSMITTED ON OR THROUGH THE SERVICE, AND WE WILL NOT BE LIABLE IN THE EVENT OF ANY SUCH OCCURRENCE. WE FURTHER DO NOT REPRESENT, WARRANT, COVENANT, OR GUARANTEE THAT ALL PORTIONS OF THE SERVICE, THE SERVICE AS A WHOLE, OR ANY CONTENT OR PRODUCTS CAN BE ACCESSED VIA ALL DEVICES, OR VIA ALL CARRIERS AND SERVICE PLANS, OR IS AVAILABLE IN ALL GEOGRAPHIC LOCATIONS.

WE ARE NOT RESPONSIBLE FOR INCOMPLETE, INCORRECT, LOST, DELAYED, LATE, MISDIRECTED, GARBLED, DAMAGED, ILLEGIBLE, UNDELIVERABLE, OR INCOMPLETELY RECEIVED PRODUCTS, CONTENT, PORTIONS OF THE SERVICE, OR COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU FOR ANY REASON, INCLUDING BY REASON OF HARDWARE, SOFTWARE, BROWSER, NETWORK, COMMUNICATIONS SYSTEM FAILURE, MALFUNCTION, DELAY, OR CONGESTION, OR ANY INCOMPATIBILITY AT OUR SERVERS OR ELSEWHERE, OR FOR ANY OTHER TECHNICAL PROBLEMS, HUMAN ERROR, ANY FORM OF ACTIVE OR PASSIVE FILTERING BY A USER’S DEVICE OR ACCESS PROVIDER, INSUFFICIENT SPACE ON A USER’S DEVICE OR ACCOUNT/PROFILE, OR ANY OTHER CAUSE OR COMBINATION THEREOF.

WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED OR ARISING OUT OF THE AGREEMENT, THE SERVICE, CONTENT, THE SALE, PURCHASE, RECEIPT, USE OR MISUSE OF ANY PRODUCT, OR YOUR ABILITY OR INABILITY TO ACCESS, VISIT, AND/OR USE THE SERVICE OR ANY CONTENT OR PRODUCT, INCLUDING DAMAGE TO YOUR DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, CONTENT OR PRODUCTS, YOUR ACCESS, VISITATION, AND/OR USE OF, OR RELIANCE ON, THE SERVICE, CONTENT, OR ANY PRODUCTS AVAILABLE ON OR THROUGH THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE ONE (1) MONTH PERIOD IN WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; TO THE EXTENT A CLAIM IS BROUGHT IN SUCH A STATE, OUR LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Termination or Suspension

We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend and/or restrict the Service, your account/profile, your ability to access, visit and/or use the Service or any portion thereof (including any Product or Content), and/or the Agreement, including without limitation any of our purported obligations hereunder, for any or no reason, with or without notice. In the event of any termination or discontinuation of your account/profile, your ability to access, visit and/or use the Service or any portion thereof (including any Product or Content), and/or the Agreement, we reserve the right, in addition to our other remedies, to reassign and/or allow another user to use your account/profile credentials, including without limitation any password and/or User ID.

Even if the Service, your ability to access, visit and/or use the Service or any portion thereof (including any Product or Content), and/or the Agreement is terminated, discontinued, suspended, or restricted—by you or by us—we have no obligation to (but may, in our discretion) remove any Content. Copies of information regarding your account/profile and/or Content you may have posted, uploaded, transmitted, sent, or otherwise made available on or through the Service may be retained and/or remain viewable by us, Third Party Providers, and/or other third parties, including other users. Nevertheless, we have no obligation to retain, store, or provide you with any information regarding your account/profile and/or Content you may have posted, uploaded, transmitted, sent, or otherwise made available on or through the Service.

All provisions of the Agreement shall survive the termination or expiration of the Agreement, your relationship with us, and/or your account/profile, including without limitation the provisions of Section Arbitration, Waiver of Class Action Suits, and Dispute Resolution below.

Communications to You

Communications between you and us typically occur by electronic means, whether you access, visit, or use the Service, send us messages, or whether we post notices on the Service or communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us in electronic form; and (b) agree that all notices, documents, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications would satisfy if provided in writing. Your consent to receive communications and do business electronically, and your agreement to do so, applies to all interactions and transactions between you and us.

You understand and agree that joining the Service or accessing Content or a Product available on or through the Service may include receiving certain communications from us, such as transactional or relationship messages and/or messages about your account/profile, and that these communications are considered part of your account/profile and you may not be able to opt out of receiving them without ceasing to be a registered user of the Service, Content, or Product.

Third Party Providers.

CERTAIN THIRD PARTY PROVIDERS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THIS AGREEMENT WHEN USING THE SERVICE. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS.

We may have agreements with some Third Party Providers that require us to make certain disclosures and pass along certain responsibilities to you. For such Third Party Providers, you specifically acknowledge and agree that: (i) this Agreement is between you and us, and the Third Party Providers are not parties to the Agreement; (ii) the Third Party Providers and their parent, subsidiaries, and affiliates are intended third party beneficiaries of the Agreement and, upon your acceptance of these terms, will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you; (iii) any license(s) granted to you hereunder by a Third Party Provider is limited to a non-transferable license to use the Service or such Content or Product on the particular Device authorized by the applicable Third Party Provider that you own or control and as permitted by that provider’s usage rules; (iv) Third Party Providers have no obligation whatsoever regarding the functionality or Content of the Service, or to furnish maintenance or support; (v) in the event of any failure of a portion of the Service, Content, or Product provided by a Third Party Provider to conform to any applicable warranty, you may be able to notify the applicable Third Party Provider to receive a refund of all or part of the amount you paid (to the maximum amount permitted by law), and Third Party Providers will have no other warranty obligation; (vi) Third Party Providers reserve the right to audit possible unauthorized commercial use of their Content or Products at any time; and (vii) Third Party Providers are not responsible for addressing Claims by you or any third party relating to any portion of the Service, Content, or Products not provided by such Third Party Provider or your possession, access, visitation and/or use of the same, including without limitation (a) product liability Claims; (b) any Claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) Claims arising under consumer protection or similar legislation; and (viii) in the event of any Claim that any portion of the Service, Content, or Products not provided by such Third Party Provider or your possession, access, visitation and/or use of the same infringes a third party’s intellectual property rights, Third Party Providers are not responsible for the investigation, defense, settlement, and/or discharge of such Claim.

Compliance with Applicable Law:

Those who choose to access, visit and/or use the Service do so on their own initiative and are responsible for compliance with all U.S. and local laws, as applicable. We make no representation, warranty, covenant, or guarantee that the Service or any Products are appropriate, available, or legal in any particular geographic location.

VIII(G). Arbitration, Waiver of Class Action Suits, and Dispute Resolution:

THIS SECTION SHOULD BE BROADLY CONSTRUED TO COVER ANY CLAIM RELATING TO ANY ASPECT OF YOUR RELATIONSHIP WITH US, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM ARISING OUT OF OR RELATED TO THE AGREEMENT.

VIII(G)(1) Informal Dispute Resolution.

If you believe you have a Claim against us, you must provide a written description of the Claim and make a good faith effort to resolve the Claim before resorting to more formal means of resolution, including without limitation arbitration or any court action. All Claim descriptions must be submitted via email to appeals@christianitynow.com. If the Claim is not resolved within sixty (60) days after the Claim description is emailed, then the Dispute Resolution Procedure described below applies. The Informal Dispute Resolution process is a prerequisite and condition precedent to commencing any formal Dispute Resolution proceeding, and any relevant limitations period and filing fees or other deadlines will be suspended while we engage in this process.

IN THE EVENT ANY CLAIM CANNOT BE INFORMALLY RESOLVED, YOU AND WE AGREE TO ARBITRATE ALL CLAIMS ON AN INDIVIDUAL BASIS IN ACCORDANCE WITH THE ARBITRATION PROVISIONS OF THIS AGREEMENT, RATHER THAN LITIGATE IN COURT, EXCEPT FOR THE CLAIMS EXCLUDED FROM ARBITRATION LISTED BELOW. ARBITRATION MEANS YOU WILL HAVE A FAIR HEARING BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. BY ENTERING INTO THIS AGREEMENT, YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY FOR ALL CLAIMS, EXCEPT FOR EXCLUDED CLAIMS.

VIII(G)(2) Condition Precedent; Tolling.

The Informal Dispute Resolution process is a prerequisite and condition precedent to commencing any formal Dispute Resolution proceeding. You and we agree that any relevant limitations period and filing fees or other deadlines will be suspended while we engage in this Informal Dispute Resolution process.

VIII(G)(3) Agreement to Arbitrate; Jury Trial Waiver.

IN THE EVENT ANY CLAIM CANNOT BE INFORMALLY RESOLVED, YOU AND WE AGREE TO ARBITRATE ALL CLAIMS ON AN INDIVIDUAL BASIS IN ACCORDANCE WITH THE TERMS OF THE ARBITRATION PROVISIONS OF THIS AGREEMENT, RATHER THAN LITIGATE THE CLAIM IN COURT, EXCEPT FOR THE CLAIMS EXCLUDED FROM ARBITRATION LISTED BELOW IN PARAGRAPH 4. ARBITRATION MEANS YOU WILL HAVE A FAIR HEARING BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. BY ENTERING INTO THIS AGREEMENT, YOU AND WE EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY FOR ALL CLAIMS, EXCEPT FOR THE CLAIMS EXCLUDED FROM ARBITRATION LISTED BELOW IN PARAGRAPH 4.

VIII(G)(4) Arbitration Administrator; Rules.

The arbitration will be administered by National Arbitration and Mediation (“NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, the Fees For Disputes When One of the Parties is a Consumer rules, and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM (collectively, “NAM rules and procedures”). For more information about NAM and the arbitration process, please visit www.namadr.com or email National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider.

VIII(G)(5) Fees.

Payment of all filing, administration, and arbitrator fees will be governed by NAM’s rules, except as follows: if your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to NAM.

VIII(G)(6) Authority of the Arbitrator.

All issues are for the arbitrator to decide, except issues relating to the scope, application, and enforceability of this arbitration provision. Issues relating to the scope, application, and enforceability of this arbitration provision will be decided by a court.

VIII(G)(7) Governing Law.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. The laws of the United States, State of Texas without regard to any principles of conflict of laws, apply to any arbitration under this section.

VIII(G)(8) Small Claims Option.

Notwithstanding our agreement to resolve all Claims through arbitration, each party retains the right to elect to have any claims resolved in small claims court on an individual basis for Claims within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose.

VIII(G)(9) Arbitration Location and Form.

For all U.S. residents, the arbitration, including any in-person hearings for the arbitration, shall take place either in your county of principal residence or in CITY, STATE chosen by Christianity Now, unless you and we agree otherwise. For non-U.S. residents, the arbitration, including any in-person hearings for the arbitration, shall be held in CITY, STATE chosen by Christianity Now, unless you and we agree otherwise.

If your total Claims seek less than $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents that you and we submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If your total Claims exceed $10,000 or seek declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.

VIII(G)(10) Notice Requirements; Sanctions.

Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, the factual allegations on which they are based, and proof that the claimant is a party to this Arbitration Agreement and to these Terms of Use. The arbitrator and/or NAM may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11), including for any claim filed on behalf of a claimant who is not a party to this Arbitration Agreement or to these Terms of Use.

VIII(G)(11) Batch Arbitration.

To increase the efficiency of administration and resolution of arbitrations, in the event twenty-five (25) or more arbitration demands asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief, are presented for filing by, or with the assistance or coordination of, the same law firm(s) or organization(s) to NAM against CHRISTIANITY NOW / YOUR LEGAL ENTITY (“Mass Filing”), the parties agree: (i) to administer the Mass Filing in batches of 25 demands per batch (if fewer than 25 arbitration demands remain after the initial batching, a final batch will consist of the remaining demands), with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the then-active batch of 25 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by CHRISTIANITY NOW / YOUR LEGAL ENTITY and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 25 demands (or less as provided above), shall continue until each demand (including your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted in accordance with the applicable NAM rules and procedures. You agree to cooperate in good faith with CHRISTIANITY NOW / YOUR LEGAL ENTITY and NAM to implement such a “batch approach,” or other similar approach, to provide for an efficient resolution of claims, including the payment of combined reduced fees set by NAM in its discretion for each batch of claims. The parties further agree to cooperate with each other, NAM, and the arbitrator to establish any other processes or procedures that NAM or the arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies, or as to the process or procedure for batching, shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless CHRISTIANITY NOW / YOUR LEGAL ENTITY otherwise consents in writing, CHRISTIANITY NOW / YOUR LEGAL ENTITY does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this subpart VIII(G)(11). If your demand for arbitration is included in the Mass Filing, your claims will remain suspended until your demand for arbitration is decided, withdrawn, or settled.

The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If the batching provision in this subpart VIII(G)(11) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor CHRISTIANITY NOW / YOUR LEGAL ENTITY shall be entitled to arbitrate any claim that is part of the Mass Filing.

VIII(G)(12) Mediation Following First Batch in a Mass Filing.

The results of the first batch of demands will be provided to a NAM mediator selected from an initially proposed group of five (5) mediators. CHRISTIANITY NOW / YOUR LEGAL ENTITY and the remaining claimants’ counsel may strike one mediator each and then rank the remaining mediators, with the highest collectively ranked mediator being selected. The selected mediator will attempt to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, CHRISTIANITY NOW / YOUR LEGAL ENTITY, the mediator, and the remaining claimants will have ninety (90) days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either CHRISTIANITY NOW / YOUR LEGAL ENTITY or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in court. Notice of the opt-out must be provided in writing within sixty (60) days of the close of the Mediation Period. If neither CHRISTIANITY NOW / YOUR LEGAL ENTITY nor the remaining claimants opt out, and the parties cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

VIII(G)(13) Binding Effect.

The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction.

VIII(G)(14) Survival.

As indicated above in Section VIII(C)(3), this Agreement to Arbitrate shall survive any termination of this Agreement, including any termination of your relationship with us.

VIII(G)(15) Restrictions on Claims.

AN ARBITRATION OF ANY CLAIM SUBJECT TO THIS ARBITRATION PROVISION MUST BE FILED WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO SUCH CLAIM; OTHERWISE, THE CLAIM IS BARRED AND THE RIGHT TO PURSUE SUCH CLAIM IS WAIVED.

VIII(G)(16) Class Action Waiver.

BY ENTERING INTO THIS AGREEMENT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION IN COURT OR A CLASS ARBITRATION. ALL PARTIES MUST BE INDIVIDUALLY NAMED. TO THE FULLEST EXTENT PERMITTED BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED IN COURT ON A CLASS ACTION OR CONSOLIDATED BASIS ON BEHALF OF OTHER USERS, SUBSCRIBERS, REGISTRANTS, OR OTHER PERSONS SIMILARLY SITUATED, OR BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL).

VIII(G)(17) Damages Waiver.

AS STATED MORE FULLY IN SECTION VIII(B)(3) ABOVE, ALL PARTIES WAIVE ANY CLAIM TO INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR MULTIPLIED DAMAGES ARISING FROM OR OUT OF ANY CLAIM WITH US.

5. WE AND YOU AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION (“EXCLUDED CLAIMS”):

(1) ANY CLAIM FILED BY YOU OR US IN SMALL CLAIMS COURT WHERE THE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF SUCH COURT; (2) ANY CLAIM REGARDING ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS; (3) ANY ACTION SEEKING A DECLARATORY JUDGMENT, INJUNCTION, OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION REGARDING WHETHER A PARTY’S CLAIMS ARE TIME-BARRED OR MAY BE BROUGHT IN SMALL CLAIMS COURT.

You further agree that for Excluded Claims and other Claims in which arbitration is denied:

With the exception of this subpart (7) and subpart (3)(vii) above, if for any reason an arbitrator or court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be invalid or unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to give effect the intent of the parties, and the remainder of the Agreement will continue to be valid and enforceable in full force and effect. If, however, this subpart (7) or subpart (3)(viii) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor CHRISTIANITY NOW / YOUR LEGAL ENTITY shall be entitled to arbitrate any Claim.

IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER, YOU MUST NOTIFY US IN WRITING BY CONTACTING US AT: 

Email: legal@christianitynow.com

 1.     WITHIN 30 DAYS FROM THE DATE YOU FIRST PURCHASE, SUBSCRIBE TO, USE, OR REGISTER FOR THE APPLICABLE PRODUCT OR SERVICE, OR OTHERWISE ACCESS, VISIT, AND/OR USE OUR PRODUCTS AND SERVICES, YOU MUST NOTIFY US IN WRITING IF YOU WISH TO OPT OUT. YOUR WRITTEN NOTICE MUST INCLUDE: (1) YOUR FULL NAME AND ADDRESS; (2) THE NAME OF THE PRODUCT OR SERVICE YOU ACCESSED, VISITED, SUBSCRIBED TO, REGISTERED FOR, AND/OR USED; AND (3) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE CLAIMS WITH US THROUGH ARBITRATION AND THAT YOU DO NOT WAIVE YOUR RIGHT TO BRING A CLASS ACTION IN COURT. YOUR DECISION TO OPT OUT OF ARBITRATION AND THE CLASS ACTION WAIVER WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR YOUR USE OF OUR PRODUCTS AND SERVICES. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION AND THE CLASS ACTION WAIVER, YOU DO NOT NEED TO DO SO AGAIN.

IX. General

We reserve the right to post, from time to time, additional rules that apply to certain portions of the Service, or the Service as a whole. Any such additional rules will be posted in the relevant portions of the Service and are hereby incorporated into this Agreement by reference. Your continued access, visitation, and/or use of the Service constitutes your agreement to comply with these additional rules.

The rules, restrictions, limitations, terms, and conditions that apply to the Service—whether listed in this User Agreement and Privacy Policy, posted at various points in the Service, or otherwise communicated to you—constitute the Agreement and the entire understanding between the parties, and supersede any prior agreements between the parties, whether oral or written, with respect to the subject matter hereof. Unless explicitly stated otherwise in writing by us, any new or additional features, functionality, Products, or Content that augment or enhance the Service, including the release of updates or upgrades thereto, shall be subject to the terms and conditions of this Agreement.

Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us will be effective unless it is set forth in writing and signed by us; nor shall any waiver of any breach or default constitute a waiver of any subsequent breach or default.

We may sub-license, transfer, sell, or assign this Agreement and/or any of our purported obligations hereunder at any time to any person or entity, with or without notice. You may not sub-license, transfer, sell, or assign this Agreement at any time to any person or entity, and any attempt to do so will be null and void. 

IX. Glossary

As used in this Agreement, the following terms have the meanings set forth below:

“Agreement” means all rules, restrictions, limitations, terms and/or conditions that apply to the Service, whether listed in this User Agreement, the Privacy Policy, posted at various points in the Service, or otherwise communicated to users of the Service.

“Claim” means any and all claims, disputes, demands, proceedings, causes of action, judgments, damages, liabilities, losses, costs, or expenses (including, without limitation, reasonable attorneys’ fees) of any kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, that have accrued or may hereafter accrue, whether based in contract, statute, regulation, ordinance, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory.

“Content” means all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, ringtones, games, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, repositories, and all other content, information, and materials available on or through the Service, whether posted, uploaded, transmitted, sent, or otherwise made available by us, our licensors, vendors, and/or service providers, or by you and/or other users or third parties, including any such Content uploaded manually or bookmarked by you and/or other users.

“Device” means any computer, tablet, mobile phone, television, or other device capable of accessing the Service.

“Fees” mean any and all fees, expenses, and charges, including applicable taxes and surcharges, for any Product, access to any portion(s) of the Service or the Service as a whole, or otherwise incurred through your activity on or through the Service and/or through your account/profile.

“Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, Device, or household. Anonymous, de-identified, or aggregate information is not Personal Information as used herein.

“Product” means any merchandise, item, product and/or service, including without limitation Content, contests and surveys, magazines and other publications that may be featured, mentioned, reviewed, described, auctioned, given away, rented, sold, distributed, or otherwise available on or through the Service, either by us or by third parties.

“Search Engine” means a free, publicly accessible database of information accessed on, through, or using the internet where results are displayed in response to specific individual search queries as a brief extract of text and/or thumbnail image, as well as a link to the webpage where such information is published, displayed, or otherwise made available. For the avoidance of doubt, Search Engine does not include software or services—such as conversational agents or chatbots—that are capable of utilizing, querying, retrieving information from, and/or integrating with a search engine.

“Service” means each website, mobile site, application, email/text/SMS campaign, event, and/or other activity, offering, or publication (regardless of how distributed, transmitted, published, or broadcast) provided by us that links to, or references, this document, including without limitation all Content, features, and functionality thereof, such as widgets, plug-ins, and embeddable players.

“Third Party Providers” mean any third party unaffiliated with us that plays a role in providing the Service and Products and enabling you to acquire, access, visit, and/or use the Service and Products via your Device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, cable, and Internet network providers and carriers, sellers or providers of technology or Products, as well as vendors, service providers, and others we retain to host, run, track, and otherwise administer portions of the Service.

“We,” “Us,” and “Our” (whether capitalized or not) mean [CHRISTIANITY NOW LEGAL ENTITY NAME], on behalf of itself and its affiliates and related entities, and each of their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors, and assigns.

“You” and “Your” (whether capitalized or not) mean all those who access, visit, and/or use the Service, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process or otherwise. “You” and “Your” also include your administrators, executors, successors, and assigns.

If you do not agree to the terms contained in this User Agreement, you must immediately exit the Service.