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Welcome to KidzMatter® Pro. KidzMatter, an Illinois not-for-profit corporation (“KidzMatter”), provides an online service located at www.kidzmatterpro.com, known as KidzMatter Pro. KidzMatter provides you with access to KidzMatter Pro under the terms and conditions embodied in this agreement of terms and conditions of use (“Agreement”). References to “you” or “your” in this Agreement refers to the church on whose behalf this KidzMatter Pro subscription is being purchased. Please read this Agreement carefully before accessing KidzMatter Pro.
By using your login name and password to access KidzMatter Pro, you acknowledge that you have agreed to become a party to, and to be legally bound by, this Agreement. If you do not wish to be bound by the terms and conditions of this Agreement, you may not access or use KidzMatter Pro. KIDZMATTER RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN KIDZMATTER’S SOLE DISCRETION. Your continued use of any part of KidzMatter Pro constitutes your acceptance of such changes and agreement to be bound by such changes. The most current version of this Agreement, which supersedes all previous versions, can be reviewed by clicking on the “Terms & Conditions” hyperlink located at the bottom of every page on the KidzMatter Pro website.
KidzMatter grants you a non-exclusive, non-transferable, revocable, limited license to access the content of KidzMatter Pro (“License”) for your own children’s ministry purposes. KidzMatter, in its sole discretion, may terminate your License at any time, for any reason, and without any notice.
You agree that your KidzMatter Pro login name and password are personal to you and non-transferable. You agree that you will not allow any person who is not an employee or volunteer of your children’s ministry to use your login name or password to access KidzMatter Pro.
You may download or print content from KidzMatter Pro for use in conducting your children’s ministry. You may not modify, distribute, reproduce, publish, license, create derivative works from, transfer, or sell any information or content obtained from or otherwise connected to KidzMatter Pro.
ACCESS TO KIDZMATTER PRO IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES OR RESPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OR REPRESENTATIONS CONCERNING QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR INTELLECTUAL PROPERTY RIGHTS. YOUR USE OF KIDZMATTER PRO IS AT YOUR SOLE RISK.
KIDZMATTER SHALL NOT BE LIABLE FOR ANY ACTS, ERRORS, OMISSIONS, BREACHES, NEGLIGENCE, OR FOR ANY LOSS, CLAIM, INJURY, DEATH, LIAIBILITY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR EXPENSES RESULTING FROM KIDZMATTER PRO. KIDZMATTER HAS NO LIABILITY AND WILL MAKE NO WARRANTY, REFUND, OR OTHER RESTITUTION TO YOU WITH REGARDS TO KIDZMATTER PRO, OTHER THAN AS SPECIFIED IN THIS AGREEMENT, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DELAYS, CANCELLATIONS, STRIKES, GOVERNMENTAL ISSUES, OR FORCE MAJEURE. THERE IS ALWAYS THE POSSIBILITY OF ENCOUNTERING COMPUTER VIRUSES, AND PLACING YOUR SYSTEM ONLINE IN ITSELF CAN OPEN YOU TO OUTSIDE ATTACK. KIDZMATTER DOES NOT TAKE RESPONSIBILITY OR ASSUME LIABILITY FOR VIRUSES. KIDZMATTER SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY DELAY OR ERROR IN ACCESS OR TRANSMISSION, IMPROPER USE, UNAVAILABILITY, INTERRUPTION, FAILURE IN PERFORMANCE, OR ANY OTHER CAUSE OF ACTION RELATED TO THE KIDZMATTER PRO WEBSITE. KIDZMATTER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR TERMINATION OF YOUR LICENSE. IN NO EVENT SHALL KIDZMATTER BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF KIDZMATTER IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KIDZMATTER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO YOUR CEASING USE OF KIDZMATTER PRO. YOUR STATE’S LAW MAY OVERRIDE OR DISPLACE SOME OF THESE EXCLUSIONS AND LIMITATIONS.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of KidzMatter Pro. KidzMatter reserves the right to investigate complaints or reported violations of this Agreement and to take any action it deems appropriate, including but not limited to canceling your License, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your account, email addresses, usage history, posted materials, IP addresses and traffic information.
The KidzMatter Pro website may contain KidzMatter Pro service marks or trademarks as well as those of other organizations, in the form of words, graphics, and logos. Your use of KidzMatter Pro does not constitute any right or license for you to use such service marks or trademarks, without the prior written permission of the corresponding service mark or trademark owner. KidzMatter claims intellectual property rights in KidzMatter Pro to the maximum extent provided by copyright laws and international treaties. The copying, redistribution, use or publication by you of any portion of the KidzMatter Pro website is strictly prohibited. Your use of KidzMatter Pro does not grant you ownership rights of any kind in the KidzMatter Pro website.
The KidzMatter Pro website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, KidzMatter does not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within the KidzMatter Pro website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. KidzMatter has no control over the legal documents and privacy practices of third party websites; as such, your access to any such third party websites is at your own risk.
This Agreement constitutes the entire agreement between KidzMatter and you with respect to KidzMatter Pro. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in Cook County, Illinois. Any cause of action you may have with respect to this Agreement must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. To the extent that any content in the KidzMatter Pro website conflicts or is inconsistent with this Agreement, this Agreement shall take precedence. KidzMatter’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of KidzMatter under this Agreement shall survive the termination of this Agreement. You may not assign this Agreement or your rights or obligations under this Agreement.
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