Customers

The organization (e.g., the Church) is our customer (the “Customer”). An individual who has the full authority to enter into binding contracts and conduct business on behalf of the Customer (the “Initial User”) must be the person who creates the InterestTracker account on Customer's behalf (the “Account”). We may require the Initial User to provide proof of authority to enter into contracts on behalf of the Customer, and we reserve the right to suspend the Customer's access to InterestTracker until such proof is provided. However, we specifically disclaim all liability for an Account that was opened by an individual who had no authority to do so on Customer's behalf.

By creating an Account, Customer represents and warrants that the Initial User has full authority to create the Account; that all registration information that the Initial User submits is truthful and accurate; and that Customer will maintain the accuracy of such information. If any of the Account information changes, the Account must be immediately updated with the current information. Information related to the Account can be changed or updated by going to the “Church profile” area of InterestTracker and modifying the pertinent information. You can also contact us with questions on how to update or change your information by email at support@interesttracker.org.

Church Admins

Upon the creation of the Account, the Initial User is automatically deemed a Church Admin of the Account. The Initial User may delegate additional administrators who have full access to manage the Account and use InterestTracker (collectively, the “Church Admins”). The Church Admins must also have full authority to enter into binding contracts and conduct business on behalf of Customer. We may require the Church Admins to provide proof that they have the authority to enter into contracts on behalf of the Customer. However, we specifically disclaim all liability for the actions of Church Admins who had no authority to act on Customer's behalf.

Church Admins may be added or deleted by another Church Admin. In the event a Church Admin is deleted, the Church Admin shall cease to have access to InterestTracker and any information within InterestTracker. In addition, a Church Admin, acting on behalf of the Customer, may delete the Account and therefore all data and information related to the Account in InterestTracker. Church Admins, acting on behalf of the Customer, may also rename the Account or sign up for additional features of InterestTracker. However, Church Admins shall not take any action or inaction that is disparaging to the Customer or contrary to the Customer's mission or instructions. We are not liable for the conduct of a Customer or Church Admin, including, without limitation, deletion of data, improper use of data, inappropriate information posted, violation of laws related to privacy, or any other conduct by a Customer or Church Admin.

In the event of a conflict among Church Admins or between Church Admins and the Customer, the Customer must resolve the issue and provide us with written instructions on how to proceed that are signed by the Chief Executive of the organization. We will proceed based on those instructions. In the event of a conflict over the identity of the Chief Executive, we will act in accordance to a court order that names the Chief Executive. If a dispute requires us to engage counsel, the Customer agrees to pay our fees and costs. We may suspend the InterestTracker account until said conflict is resolved.

Authorized Users

“Authorized Users” are users who are granted permission to access InterestTracker by a Church Admin. Authorized Users will not have access to the same administrative features as Church Admins. Authorized Users acknowledge and agree that a Church Admin may (a) remove their access to InterestTracker; (b) delete or change any information that such user has entered into InterestTracker; or (c) delete the entire Account, which would result in the deletion of all data from Authorized Users.

Authorized Users shall not take any action or inaction that: interferes with the Customer's ability to use InterestTracker, is disparaging to the Customer, or is contrary to the Customer's mission and/or instructions.

Individuals

“Individuals” are single users who have a connection with the Customer (e.g., a member of the congregation). Individuals can sign up to use and access certain features of InterestTracker such as event registration and streaming events. To be clear, Individuals do not have full access to all features of InterestTracker, and Individuals' accounts are linked to the corresponding Customer. This means that the Customer, Church Admins and/or Authorized Users can view information and data that Individuals have entered into InterestTracker.

Individuals acknowledge and agree that the Customer and its agents can view, access and use the information and data Individuals have entered into InterestTracker. Individuals also acknowledge and agree that Church Admins or Authorized Users may (a) remove their access to InterestTracker; (b) delete or change any information that such Individual has entered into InterestTracker; or (c) delete the entire Account, which would result in the deletion of all data from Individuals.

Responsibilities of the Customer

The Customer shall ensure that the Customer and all Church Admins, Authorized Users and Individuals comply with these Terms of Service and our Privacy Policy. The Customer further represents and warrants that it is responsible for itself as well as the conduct of Church Admins, Authorized Users and Individuals. The Customer agrees to hold us harmless for the conduct of Customer, the Church Admins, the Authorized Users and the Individuals per Section 12 (Indemnification). The Customer shall cooperate with us in ensuring that they, Church Admins, Authorized Users and Individuals comply with these Terms of Service.

Some of the features of InterestTracker allow the Customer, Church Admins, Authorized Users or Individuals to enter data into InterestTracker (“Customer Data”). Customer Data may include or incorporate information related to third party individuals – for example, the names and addresses of the Customer's guests, interactions with those guests, and attendance information by those guests at the Customer's events (“Third-Party Information”). The Customer represents and warrants that it has the rights, basis, and permissions to enter the Customer Data and Third-Party Information into InterestTracker. Customer further understands and agrees that it shall bear all responsibility for the Customer Data and Third-Party Information, and Customer shall resolve all disputes involving the Third-Party Information.

In the event that we are contacted by a person who has a dispute related to the Customer Data or Third-Party Information, we will notify Customer within 45 days. We have the right to suspend or terminate the InterestTracker account until the Customer and said person resolve their dispute. The Customer represents and warrants that it will hold us harmless from all claims and/or disputes related to the Customer Data and Third-Party Information, as more fully described in Section 12 (Indemnification).

To be clear, Customer is responsible for complying with all applicable laws, rules and regulations, and represents and warrants that it and its Church Admins, Authorized Users and Individuals will not use InterestTracker in a manner that violates the laws, rules and regulations in the applicable jurisdiction.

Responsibilities of the Church Admin

Church Admins shall follow the instructions of the Customer, and shall comply with the Customer's policies and practices that are relevant to the use of InterestTracker. Church Admins shall also provide us with all necessary rights, permissions and/or consents necessary to grant us the rights and licenses in these Terms of Service, and all rights, permissions and/or consents necessary for the lawful use and transmission of personal information and data that is required for the use and operation of InterestTracker.

Furthermore, Church Admins shall (a) ensure that Authorized Users and Individuals understand and comply with all Customer policies and practices that are relevant to their use of InterestTracker; (b) ensure that the Authorized Users and Individuals understand and comply with these Terms of Service and our Privacy Policy; (c) obtain all rights, permissions and/or consents from Authorized Users and Individuals that are necessary to grant us the rights and licenses in these Terms of Service; and (d) obtain all rights, permissions and/or consents from Authorized Users and Individuals for the lawful use and transmission of their personal information and data that is required for their use and operation of InterestTracker. Church Admins shall cooperate with us in ensuring that they, the Customer, Authorized Users and Individuals comply with these Terms of Service.

Responsibilities of Authorized Users and Individuals

Authorized Users and Individuals shall follow the instruction of Church Admins and the Customer. Authorized Users and Individuals shall: (a) comply with all Customer policies and practices that are relevant to the use of InterestTracker; (b) comply with these Terms of Service and our Privacy Policy; (c) provide the Customer and/or Church Admins with all rights, permissions and/or consents that are necessary to grant us the rights and licenses in these Terms of Service; and (d) provide all permissions and/or consents to the Customer and/or Church Admins for the lawful use and transmission of their personal information and data that is required for the use and operation of InterestTracker.

Responsibilities of all Users

All users of InterestTracker (whether you are a Customer, Church Admin, Authorized User or Individual) are responsible for their respective usernames, passwords, and the security of the Account. You may never use another's username and password. You may not allow others to access or use InterestTracker with your unique username, password, or other security code. You agree to notify us immediately of any breach of security or unauthorized use of your account. You acknowledge and agree that we will not be liable for any losses caused by any unauthorized use of your username and password. You shall keep your account password secure, and take appropriate measures to safeguard the security of your username, password and electronic device(s).

In addition, all users of InterestTracker are responsible for providing their legal full name, a valid email address or mobile phone number, and any other information requested in order to complete the signup process. If any of this information changes, the information must be immediately updated with the current information. Information can be changed or updated by going to the “User Profile” area of InterestTracker and modifying the pertinent information. All users can also contact us with questions on how to update or change their information by email at support@interesttracker.org.

Finally, all users of InterestTracker shall be responsible for complying with these Terms of Service, and further understand and agree that they are responsible for all information, data and content that they enter into InterestTracker, and all activity that occurs using InterestTracker.

Use the Services only for acceptable uses and not for any illegal or prohibited purpose.

As one of the conditions of your use of InterestTracker, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) InterestTracker for anything other than the Acceptable Uses, which are defined below in Section 5. You shall NOT use InterestTracker in any manner that is prohibited by these Terms of Service or which is illegal or prohibited by applicable law (including but not limited to copyright laws).

Comply with laws in your jurisdiction

Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable data. Specifically, you agree to comply with all applicable laws of your jurisdiction regarding the transmission of technical data and personally identifiable information exported from the United States or the country in which you reside.

Be over the age of 13

You must be at least the age of 13 to use InterestTracker. If you are between 13 and the age of legal consent, the Church Admin must secure and verify the consent of a parent or guardian who agrees to be bound to these terms to use or access InterestTracker. To be clear, you may not use or access InterestTracker if you are under the age of 13. Any use or access to InterestTracker by anyone under the age of 13 is strictly prohibited and in violation of these Terms of Service. By using InterestTracker, you represent and warrant that you are over the age of 13 and you have (or, if you are between the age of 13 and legal consent, your parent or guardian represent has) the full right, power and authority to enter into these Terms of Service and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these Terms of Service. The Customer represents and warrants that Customer is fully responsible for making sure it and its Church Admins, Authorized Users and Individuals comply with this paragraph the Terms of Service.

Not be previously prohibited from using InterestTracker

InterestTracker may not be used by anyone we previously prohibited from using InterestTracker.

Be a human

Accounts registered by “bots” or other automated methods are not permitted.

Only sign up for one (1) free account

One Customer (i.e., organization) may not maintain more than one (1) free account.

We are providing InterestTracker to you so that you may grow and manage your organization (the “Intended Purpose”). You agree that you will only use InterestTracker for the Intended Purpose. You specifically agree that you will NOT:

• Use InterestTracker if you are under the age of 13.
• Use InterestTracker to upload, post, email, otherwise transmit, or post links to any content or information that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age without parental consent.
• Use InterestTracker to “stalk” or otherwise harass another.
• Use InterestTracker to impersonate any person or entity, including, but not limited to, falsely state or otherwise misrepresent your affiliation with a person or entity.
• When signing up for InterestTracker, use misleading email address or enter false and/or misleading information into InterestTracker regarding the Customer.
• Use the Service to upload, post, email, otherwise transmit, or post links to any content or information that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Use InterestTracker to upload, post, email, or otherwise transmit, or post links to any content or information that facilitates hacking.
• Use InterestTracker to upload, post, email, otherwise transmit, or post links to any content or information that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement.
• Use InterestTracker to upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
• Use InterestTracker to upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Services.
• Use automated means, including spiders, robots, crawlers, or the like to download data from any of our databases, unless said means is by an API that we have specifically approved of.
• Conduct your own contests and promotions using the Services or use InterestTracker to upload, post, email, otherwise transmit, or post links to any information regarding any raffle, contest or game requiring a fee by participants.
• Incorporate information or content from our Services into any email or “white pages” products or services, whether browser-based, based on proprietary client-site applications, web-bates or otherwise.
• Sell, distribute or make any commercial use of Third-Party Information in a manner that could be expected to offend the person for whom the Third-Party Information is relevant.
• Engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access InterestTracker in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional web browser, unless said system is by an API that is specifically approved of by us.
• Interfere with or disrupt InterestTracker or servers or networks connected to InterestTracker.
• Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any work, including but not limited to software which is deployed in connection with the Services.
• Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive or contrary to the spirit of these Terms of Service.

We are a Service Provider, as defined by the California Consumer Privacy Act (Cal. Civ. Code § 1798 et seq.), and receive personal information from you for the business purposes of providing InterestTracker. We will not retain, use, or disclose your data, including personal information, for any purpose other than as we specify in our Privacy Policy. Please review our Privacy Policy for information on how we use the data we collect and/or process. You can request to add a Data Processing Addendum (DPA) to any existing service agreement with us here.

Monitoring

We have no obligation to monitor InterestTracker or your use of InterestTracker. You acknowledge and agree that we have the right to monitor InterestTracker electronically from time to time and to disclose any information that we deem necessary to satisfy any law, regulation or other governmental request, to operate InterestTracker properly, or to protect itself or its users, affiliates, partners and contracted parties, as discussed in further detail in our Privacy Policy.

Security

While we take the security of InterestTracker very seriously, we cannot ensure or guarantee the security of InterestTracker. Any such use shall be at your sole risk, and you shall relieve SermonView Evangelism Marketing and our affiliates of all liability in connection therewith.

Third Party Payment Processing

We use a third party to process payments related to InterestTracker, which is currently Stripe. Therefore, you may be asked by the third party payment processor to supply certain information, including credit card or other payment mechanisms. You agree that all information you provide any third party payment processor through InterestTracker will be accurate and complete. You agree to pay all charges incurred by you at the prices in effect when such charges are incurred. We are in no way responsible for any charges you or (if you are a Customer) any Church Admin, Authorized User or Individual incurs when making purchases or other transactions. We may retain sufficient personal information from your purchase to report to the IRS or other government authority, and retain such information for at least the minimum statutory period. Customers specifically acknowledge and agree that they are responsible for the use of data related to tracking donations recorded in InterestTracker.

How we bill for InterestTracker

If you sign up for a paid account, you have the option of paying by check or by credit card in the following manner:

If you elect to pay via check, we will send you an invoice 30 days before payment is due. You have the option to choose to pay for your account every twelve (12) months.

If you elect to pay via credit card and you (i) initially sign up for a paid account, and (ii) do not cancel that account within 30 days, your card will be automatically charged starting on the 30th day after your account was initially created. We will continue to charge your credit card each month on the same day of the month that your credit card was first charged until you cancel your account with InterestTracker. For example, if you signed up for a paid account on April 1, your credit card will be charged on May 1 (30 days later), and will be charged on the 1st of the month every month thereafter until you cancel the Services. If you cancel prior to the processing of your first invoice prior to the 30th day, you will not be charged. See Section 8, below, for how to cancel InterestTracker.

To be clear, if you sign up for a paid account and (i) choose to pay via credit card and (ii) do not cancel at the end of 30 days, YOUR CREDIT CARD WILL BE AUTOMATICALLY CHARGED THE AMOUNT OF THE PAID ACCOUNT PLAN AND YOUR PAID ACCOUNT PLAN WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS OF ONE MONTH. AS SUCH, YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED AT THE THEN-CURRENT RATE ON THE SAME DAY OF THE MONTH, EACH MONTH, UNTIL YOU CANCEL YOUR INTERESTTRACKER ACCOUNT. For current pricing, you can contact us or visit https://interesttracker.org.

How we charge for paid plans

Payments for paid account plans are processed through Stripe. You agree to pay the the amount charged for the paid account plan that you selected. You are also responsible for paying any sales and use taxes that may apply to your purchase of the paid account. If you do not pay on time or if your payment method cannot be charged for any reason, we reserve the right to either suspend or terminate your access to InterestTracker. We will not be responsible for any costs, expenses, or liabilities arising out of or related to the cancellation of your Services for this reason. Our third party payment service provider (Stripe) may receive updated payment/banking information from your credit card or payment method issuer. The disbursement of this updated information is provided at the election of your credit card and payment method issuer. Neither we nor our third party payment service provider is responsible for the distribution of your credit card or payment method information. It is at the sole election of your credit card or payment method issuer. Your credit card or payment method issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card or payment method issuer with regards to your right to opt out of the update service.

Account upgrades

When you upgrade your subscription level, the new features will be available to you immediately upon upgrade and the new charges will appear on your next billing cycle unless a 30-day free trial is available for those particular new features. If you sign up for a free trial, at the conclusion of that trial period your payment method will be automatically charged. If no free trial period is available for an upgraded feature, you will be billed and charged for your first month immediately upon upgrading and each month after that in accordance with the above section (How we charge for paid plans).

InterestTracker is non-refundable

InterestTracker is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for unused months of InterestTracker. In order to treat everyone equally, no exceptions will be made.

Taxes

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

Billing for upgrades and downgrades

For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Services may cause the loss of content, information, features, or capacity of your Account. We shall not be liable for any such loss.

Expired credit cards

In the event your credit card expires or cannot be charged, we may suspend access to your InterestTracker account until you remit payment. You have 30 days to remit payment to us before we terminate your Account and your access to InterestTracker pursuant to our termination provision below. We will not be responsible for any costs, expenses, or liabilities arising out of or related to the termination of your Account.

Cancelling your Account

Customer is solely responsible for properly cancelling the Account. An email or phone request to cancel your Account is not considered cancellation. To cancel the Account, an Church Admin must click on the “Billing & subscription” link in the account menu at the top right of the screen. This screen provides a simple no-questions-asked cancellation link for each application. If you have questions regarding cancelling an Account, we are happy to help. Just email us at support@interesttracker.org or call us at (360) 844-1103. However, please be aware that you will no longer have access to InterestTracker and all Customer Data will be deleted after one (1) year. Customer Data cannot be recovered once your account is cancelled and one year from the date of cancellation has passed. Thus, we require that the Church Admin who is cancelling the Account on behalf of the Customer have the Customer's full authorization and consent.

We, in our sole discretion, have the right to suspend or terminate your Account and refuse any and all current or future use of InterestTracker for any reason at any time, including a violation of these Terms of Service. In addition, in the event you fail to remit payment for InterestTracker, we shall suspend your account and, after 30 days, terminate your Account. In the event we terminate your Account, the termination will result in (i) the deactivation or deletion of your Account, and (ii) the forfeiture and relinquishment of all Customer Data after one year from the date of termination has passed. After termination, you will no longer have access to InterestTracker. As previously stated, we will not be responsible for any costs, expenses, or liabilities arising out of or related to the termination of your Account.

Cancellations and Terminations after billing for InterestTracker

If your Account is cancelled or terminated before the end of the month that is currently paid for, your cancellation/termination will take effect immediately and you will not be charged again. However, we do not offer refunds if your Account is cancelled or terminated before the end of the month.

Reservation of our rights

We reserve the right to modify or discontinue, temporarily or permanently, InterestTracker (or any part thereof), with or without notice.

Changes to Pricing

Prices for InterestTracker, including but not limited to monthly subscription fees to InterestTracker, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to our website (https://interesttracker.org) and by emailing the Customer at the Church Admins’ email addresses provided through InterestTracker. The Customer agrees to receive such emails regarding pricing changes. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of InterestTracker.

InterestTracker enables text messages to be sent by the Customer to Individuals who have opted in to receiving those messages.

You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, contact the Customer (i.e., your church).

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@interesttracker.org or (360) 844-1103.

Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for any messages sent to or from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

If you have any questions regarding privacy, please read our privacy policy: https://interesttracker.org/privacy.

Credits and Billing for Text Messaging Services

For InterestTracker text messaging services, Customers can purchase prepaid credit packages for the then-current rates, which can be viewed on https://interesttracker.org. These credits can be used for sending messages, typically at an exchange of 1 credit for 1 message segment (this may differ in the case of messages longer than 160 characters, international texts, MMS, or other rate exceptions, which will be made clear at the time of sending). There is no recurring billing or subscription for these purchases. Certain subscription plans may include a block of credits each month, which if unused will rollover for one additional, after which time they will expire.

Credits for text messaging services may only be used by the purchaser of the credit. The credit packages cannot be transferred, sold, or gifted to other Customers. Non-subscription credits will expire twelve months from the purchase date.

If you are an Individual receiving text messages from Customer through InterestTracker, message and data rates may apply. If you do not wish to receive these messages, please text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages through InterestTracker. If you want to join again, contact the Customer (i.e., your church).

Our Intellectual Property

InterestTracker, including but not limited to text, graphics, images, logos, buttons, icons, software and other materials and the overall "look" and "feel" of InterestTracker, are the sole property of SermonView Evangelism Marketing, and are the protected patents, copyrights, trademarks, and service marks of SermonView Evangelism Marketing (the “SermonView IP”). Content which is not created by us, including all other third-party product and service marks, are the trademarks and copyrights of their respective owners. Unauthorized use of the SermonView IP may violate copyright, trademark and other laws. You may not reproduce, modify, display, sell, or distribute the SermonView IP unless you obtain our explicit written consent. We grant you a license to use the SermonView IP for the sole purpose of accessing and using InterestTracker.

Your Intellectual Property

We claim no intellectual property rights over the Customer Data; the Customer Data remains yours. However, we ask that you respect the law, and not violate anyone's intellectual property rights. Thus, you represent and warrant that:

• The Customer Data does not and will not violate third-party rights of any kind, including without limitation third-party copyrights, trademarks, or rights of privacy or publicity.
• The Customer Data does not violate these Terms of Service, and falls within the Acceptable Uses section of these Terms of Service.
• There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of the Customer Data, or which might in any way impair the rights granted by you under these Terms of Service.
• You own all right, title and interest in the Customer Data, or, If the Customer Data incorporates (i) content/information created by another individual/entity or (ii) content/information from and/or about another individual/entity (collectively, "Additional Content"), you represent and warrant that you have all rights, licenses and applicable permissions required by law to post and use the Additional Content. 

Other's Content

You shall not post or use any information or content that is not yours without the appropriate permissions. Specifically, if you post, use, submit or share Additional Content, you represent and warrant that you have all rights, licenses and applicable permissions required by law to post and use the Additional Content. As such, you shall hold us harmless from all claims and/or disputes related to the Additional Content per Section 12 (Indemnification).

Licenses

You expressly grant us, and you represent and warrant that you have all rights necessary to grant to us, a worldwide, non-exclusive, sublicensable, transferable, perpetual and irrevocable license to use the Customer Data to provide InterestTracker.

Third Parties' Intellectual Property

We may use intellectual property from third parties to make certain features of InterestTracker available to you. You agree to be bound by these third party licenses of software or content, and you further agree to abide by the terms of use and privacy policies of any such third-party software or content.

DMCA

We are committed to protecting copyrights and expect our users to do the same. We abide by the federal Digital Millennium Copyright Act ("DMCA"). If the owner of a proprietary work believes that a user of InterestTracker is using his/her/its proprietary work and that work has been copied in a way that constitutes a copyright infringement, please send us a written notification at the following address:

The written notification should include substantially the following information (please consult legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements). To expedite our ability to process the notification, please use the following format:

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work that the copyright owner claims has been infringed;
• Identification of the material that is claimed to be infringing and where it is located on/in InterestTracker;
• Information reasonably sufficient to permit SermonView Evangelism Marketing to contact the copyright owner, such as his/her/its address, telephone number, and, e-mail address;
• A statement that the copyright owner (or his/her/its representative) has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
• A statement, made under penalty of perjury, that the above information is accurate, and that the signatory is the copyright owner or is authorized to act on behalf of the owner.

Counter Notification

If you disagree that you are infringing on another’s work, you may elect to send us a counter notice. To be effective, your counter notice must be a written communication that includes substantially the following information (please consult legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements). To expedite our ability to process the counter notification, please use the following format:

• A physical or electronic signature.
• 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.
• 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.
• Your 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.

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 Service. These Terms of Service are not legal advice, and 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 our rights and obligations under the DMCA and do not constitute legal advice. Where applicable, we will comply with the procedures outlined in the DMCA.

You agree to defend, indemnify and hold harmless SermonView Evangelism Marketing and its employees, officers, directors and agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from: your breach of these Terms of Service, your breach of representations and warranties made in these Terms of Service, your violation of any other person's intellectual property, your conduct (including but not limited to violations of the law), and your use of InterestTracker. The Customer specifically agrees to defend, indemnify and hold harmless SermonView Evangelism Marketing and its employees, officers and directors from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from the actions or inactions of the Customer and its Church Admins, Authorized Users, and Individuals.

Release and Limitations of Liability

You agree to release SermonView Evangelism Marketing and our employees, directors and officers from any claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Service and/or your use of InterestTracker.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA, INACCURATE INFORMATION, OR BUSINESS INTERRUPTION) AND THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, INTERESTTRACKER AND/OR THE CONTENT WITHIN INTERESTTRACKER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR INTERESTTRACKER.

Warranties

By entering into these Terms of Service you acknowledge and agree that we are simply providing InterestTracker for free, or at times for a fee, and that we make no warranties of any kind relating to InterestTracker, any data or content contained within or related to InterestTracker, any data or content available through InterestTracker, and documents or information available through InterestTracker. Furthermore, nothing on or within InterestTracker shall be considered an endorsement, representation, assumption of, responsibility or warranty with respect to any third party, whether in regards to their website, products, technologies, services, business practices or otherwise.

WE DO NOT WARRANT THAT INTERESTTRACKER, OR THE CONTENT AVAILABLE ON OR THROUGH INTERESTTRACKER, WILL MEET YOUR EXPECTATIONS, OPERATE ERROR-FREE, OR BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF INTERESTTRACKER RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THOSE COSTS.

YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF INTERESTTRACKER AND THE INTERNET IN GENERAL. INTERESTTRACKER IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SERMONVIEW EVANGELISM MARKETING, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF INTERESTTRACKER SOFTWARE, TEXT, GRAPHICS AND LINKS.

Limitation of Actions

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of InterestTracker must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

Email Notification & How to Opt-Out

You acknowledge and agree that by providing us with your email address, you grant consent for us to send you notices related to InterestTracker, including any notices required by law, in lieu of communication by postal mail. Therefore, you must make sure your email address listed under your "Account Information" section is current and accurate. If you do not want to receive legal notices through email messages, and prefer to receive legal notices by mail, please contact us at the address provided below. If you do not want to receive non-legal notices by email, please opt out by contacting us at support@interesttracker.org

Your Communications with us regarding improvements to InterestTracker

You may contact us by email, phone, or mail at the address provided below. If you contact us, you agree that if you have ideas regarding improvements or additions to us, we would like to hear them, but any submission will be subject to these Terms of Service. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO US BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO US, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO US THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT WE ARE FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY US, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

Use InterestTracker at your own risk

Your use of InterestTracker is at your sole risk. The Services are provided on an “as is” and “as available” basis.

Access outside the USA

We make no claims that InterestTracker is appropriate or legal to be viewed by certain persons or in certain countries. If you access InterestTracker from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

No waiver and partial validity

The failure of SermonView Evangelism Marketing to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and SermonView Evangelism Marketing and governs your use of InterestTracker, superseding any prior agreements between you and SermonView Evangelism Marketing (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term.

YouTube

InterestTracker may use YouTube for some features. Use of any such features is subject to YouTube's terms of service.

Arbitration

Please read this Section carefully. It is part of your agreement with us, and it affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION.

You agree that any dispute related to this Agreement, your use of InterestTracker, or any dispute related to your relationship with SermonView Evangelism Marketing or our affiliates, directors, officers, agents, shareholders, members, subsidiaries, parents, shall be submitted to binding arbitration under the rules of the Judicial Arbitration and Mediation Services (JAMS), located in San Diego, California. The JAMS Rules of Arbitration shall govern all aspects of the arbitration you bring, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement. The JAMS Rules of Arbitration are available on JAM’s website, https://www.jamsadr.com/rules-comprehensive-arbitration/. The arbitration shall be conducted by a single arbitrator, with the prevailing party to pay all costs and attorney fees. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Jury Trial Waiver

Please read this Section carefully. It is part of your agreement with us and affects your rights. It contains a WAIVER OF YOUR RIGHT TO A JURY TRIAL.

You hereby waive your constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and SermonView Evangelism Marketing in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Class Action Waiver

Please read this Section carefully. It is part of your agreement with us and affects your rights. It contains a WAIVER OF YOUR CLASS ACTION RIGHTS.

ALL CLAIMS AND DISPUTES BETWEEN YOU AND SERMONVIEW EVANGELISM MARKETING MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

30-Day Right to Opt-Out of Arbitration, Jury Trial Waiver & Class Action Waiver

You have the right to opt out of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions of this Agreement by sending written notice of your decision to opt out to either SermonView Evangelism Marketing, 4221 NE St Johns Rd Ste F, Vancouver WA 98661 or support@interesttracker.org (with the subject line: Opt-Out of Arbitration, Jury Trial Waiver and Class Action Waiver Provisions) within 30 days from the date you first create an Account. If you send this notice, then the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions will not apply and you must bring claims per the Section labeled “Governing Law,” below. If you do not send this notice, then you agree to be bound by the terms of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions in this Section. Agreeing to arbitration and waiving your rights to jury trial and class action participation is an important decision for you to make. It can shorten the litigation process and result in cost savings, but it also takes away certain rights, such as the right to a trial in front of your peers. Thus, please take time to carefully consider the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions of this Agreement. Since the information provided in this Agreement is not intended to contain a complete explanation of the consequences of arbitration, class action or jury waiver, you may want to consult an attorney.

Equitable relief

You understand and agree that due to the nature of these Terms of Service, in addition to money damages, we will be entitled to equitable relief upon a breach of the Terms of Service by you.

Governing Law and jurisdiction

These Terms of Service are governed by the laws of the State of Washington without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms of Service shall be exclusively brought by arbitration in San Diego, California.

Entire agreement

These terms constitute SermonView Evangelism Marketing’s entire binding Terms of Service, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding SermonView Evangelism Marketing's Services.

Digital admissibility

You hereby agree that a printed version of these Terms of Service shall be admissible in judicial or administrative proceedings and is subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form.

Any questions or concerns should be addressed to our support team at support@interesttracker.org or by mail at:

You can also reach us by telephone at: (360) 844-1103

Last updated June 24, 2021