TERMS OF SERVICE

1) ACCEPTANCE OF TERMS OF SERVICE.

1. 1. By accessing and using the Content, You hereby expressly agree to be bound by the Terms herein as well as all applicable laws and regulations associated therewith. If You do not agree to be bound by the Terms and all applicable laws each time You access and use the Content, or You do not have the authority to agree to or accept the Terms, then You are prohibited from accessing or using the Content. Subject to the Terms herein, the Company hereby grants You the right to access and use the Content solely for Your own use and Your own benefit. You acknowledge that the Company reserves the right, but not the obligation, to monitor any activity and information associated with the Content.
   2. As long as you comply with these Terms and Conditions, SB grants you a personal, non-transferable, non-exclusive, limited privilege to enter and use the SB Products and Services, provided the appropriate license or Membership fees have been paid by you for such SB Products and Services.

2) CHANGES TO TERMS OF SERVICE.

1. 1. SB reserves the right to modify the Terms and the Content in its sole discretion from time to time and only the Company has the right to do so. If the Terms are modified, the Company will post the new Terms on the Website and note the date they were last updated. Any modification will be effective upon posting of the Terms as revised, and Your use of the Content following the posting will constitute Your acceptance of the new Terms.

3) PRIVACY

1. 1. As part of the registration process, You will be asked to provide certain personal information to us, such as Your name, contact information, credit card number, and other personal information. The Company has an unrestricted right to collect and use any personal information You provide in connection with Your access to the Content, provided that any such use shall be in accordance with our Privacy Notice available at sermonbox.com/privacy, which is hereby incorporated by reference. Your access or use of the Content constitutes Your acceptance of the terms and conditions of our Privacy Notice. If You do not agree to have Your information used in any of the ways described in the Privacy Notice, You must discontinue access to the Content.

4) COMMUNICATION PREFERENCES

1. 1. By using an Sermon Box Membership or Account, you consent to receiving electronic communications from SB relating to your account. These communications may involve sending emails to your email address provided during registration, posting communications on sermonbox.com, or in the “My Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with SB. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new SB features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, you may select the “unsubscribe” link located at the bottom of any promotional email. Please review our Privacy Statement for further detail on our marketing communications.

5) ALL-ACCESS MEMBERSHIP AND BILLING

1. 1. Membership
      
      1. Annual Membership. Your SB Membership is a one (1) year subscription commitment and will automatically renew upon expiration to provide continuous service unless and until you adjust your renewal settings on the “My Account” page of the website prior to your Membership end date. You must have Internet access and provide us with a current, valid, accepted Payment Method to use the SB service. You must adjust your renewal settings before your Membership end date in order to avoid billing of the next year’s membership fees to your payment method.
      2. Monthly Installments. An SB membership may be purchased in 12-monthly installments. The credit card on file will be charged each month until the installment plan is complete. A monthly installment plan cannot be canceled until paid in full. While the payment method on an account can be changed, at least one form of payment must be present as the primary form of payment and cannot be removed while in an active monthly installment plan.
      3. Changing Memberships. We offer several Memberships, and you may adjust your Membership at any time. If a member switches to a more expensive Membership, the credit will be applied toward the new cost and the member will be responsible for paying the difference.
   2. Billing
      
      1. Automatic Annual Commitment. To ensure continuous service, Memberships renew upon expiration unless automatic annual commitment has been turned off in membership settings. The regular membership plan fee (without initial discount or seasonal coupons) at the current rate and applicable taxes will be charged to your Payment Method. Notification is given permanently on the “Membership” section on the “My Account” page. Upon renewal, all customers will receive an email receipt to the email address associated with the account. Members paying in monthly installments will begin another 12 monthly installments once the member’s current membership is complete.
      2. Price Changes. SB reserves the right to adjust pricing for our products and services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided in these Terms of Use, any price changes to your service will take effect following an email notice to you.
      3. Billing Cycle. The Membership fee for our service will be billed at the beginning of your Membership and continue unless you cancel your Membership. We automatically bill your Payment Method on the calendar day corresponding to the commencement of your paying membership. Visit the “My Account” page to see the date for your next renewal. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, “yearly” or “one (1) year” refers to your billing cycle.
      4. Refunds. Memberships and digital media purchases from Sermon Box are not eligible for a refund. Members can still request to have automatic annual commitment disabled prior to renewal in their account so that there are no future charges made.
      5. Payment Method. You may edit your Payment Method information by visiting the “My Account” area on the website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. We may update your Payment Method with information provided by the applicable payment service provider, and you authorize us to continue to charge the membership fee to any Payment Method on file. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
      6. Cancellation. Because of the nature of our Membership, you may cancel your Membership at any time prior to renewal, but cancellation will not result in a refund. You will continue to have access to your Membership until your Membership end date, at which time your access will cease. A Sermon Box Membership is a one (1) year commitment. This policy exists because we give you instant access to all the Content associated with your Membership plan. We may provide a refund, partial refund, or other consideration to our members. The amount and form of these considerations, and the decision to provide them, are at our sole and absolute discretion.
      7. Invoicing + Late Fees. For select customers, Sermon Box may choose at it’s sole discretion to invoice customers. Invoicing will occur on a per project basis at either a net 15, 30, or 90 day cycle. The customer is required to remit payment on or before the ‘invoice due date’. Failure to remit payment prior to the invoice due date may result in late fees being applied. Invoices not paid in full prior to the invoice due date will be subject to a one-time $40 fee plus an additional 5% fee of the total remaining balance. A 5% late fee will be continue to accrue perpetually each 30 days on the remaining balance until the invoice is paid in full.

6) ACCESS TO CONTENT

1. 1. Restrictions. Except as expressly permitted under these Terms, You agree that You are strictly prohibited from doing any of the following:
      
      1. Access, use, sell, distribute, sublicense, broadcast, or commercially exploit any rights granted to You in connection with the Content or any materials accessed on the Website, including, without limitation, any trademarks, designs, product and Content descriptions, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof (collectively, “Materials”);
      2. Upload to, distribute, or otherwise introduce or publish through this Website any message, information, text or other material that is unlawful, infringing, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable;
      3. Subject to purchased rights to the Content, copy, modify, publish, download, display, post, transmit, or prepare derivative works based on any aspect of this Website or any Material;
      4. Reverse engineer, decompile, or disassemble any aspect of this Website or any Material;
      5. Remove, obscure, or alter any intellectual property right or confidentiality notices or legends appearing in or on any aspect of this Website or any Material;
      6. Share Your Login Credentials or Membership with any unauthorized third party;
      7. Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, Content, data or personal information.
   2. Termination of Access to Content. Notwithstanding anything to the contrary in these Terms, You acknowledge and agree that the Company reserves the right, without notice to You, and in its sole discretion, to terminate and deny Your access and use of the Content for any reason. You understand and agree that the Company shall have the right to destroy any electronic data specifically pertaining to You that is submitted by or for the benefit of You in connection with the Content (“Data”) upon termination of Your right to access Content. The provisions of these Terms shall continue to apply to You after the end of Your use of the Content or after any termination of Your right to access Content.
   3. Ownership of the Content. You acknowledge that the Company and its licensors own and retain all right, title, and interest in and to the Content (pre-made or custom designed), the Materials, and all intellectual property rights therein today and into the future, and that such information constitutes valuable trade secrets of the Company. Except as otherwise expressly authorized under the Terms, You have no rights whatsoever in the Content, the Materials, and all intellectual property rights therein.
   4. Customer Data. You hereby grant the Company and its affiliates, agents, suppliers, successors, and assigns the irrevocable, perpetual, worldwide, royalty-free right and license to access and use, in the Company’s reasonable discretion, all Data. You understand and agree that Data may include Your personal information and that Data will be transmitted over the Internet and, therefore, may be subject to interception by third parties. You hereby represent, warrant, and covenant that: (a) all Data and other information You submit in connection with the Content will be current, accurate, and complete; and (b) You remain solely liable for all Data or other information You upload or submit in connection with the Content. When You access the Content or send an email to the Company, You are communicating with the Company electronically. You consent to receive communications from the Company electronically and agree that we may communicate with You by email or by posting notices on this Website. You agree that the Company may access at any time and use internally for any lawful purpose the information stored on our systems, and may disclose such information to others including law enforcement agencies to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required. The Company takes no responsibility and assumes no liability for any information posted or uploaded by You or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity You may encounter.
   5. Content Storage. The Content is not an archiving service. Except as expressly set forth in these Terms, the Company reserves the right to remove any Content or Data from the Website at any time and the Company expressly disclaims any obligations, and assumes no liability, with respect to the storage or transfer of Your Content or Data.
   6. Modification of the Content. The Company may modify existing Content, add Content, and remove Content in its sole and absolute discretion at any time.

7) PASSWORDS AND ACCOUNT ACCESS

1. 1. You are required to use Your login credentials, including a user ID and password (the “Login Credentials”) to access the Content or any portion of it. In doing so, You are responsible for maintaining the confidentiality of the Login Credentials and for restricting access to Your computer, laptop, or mobile device, as applicable, and You agree to accept responsibility for any and all liabilities resulting from or relating to any misuse of Your Login Credentials by You or any third party. In the event that the confidentiality of Your Login Credentials are compromised in any manner, You agree to notify the Company immediately. The Company reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Website and the Content, including without limitation, terminating Your access, changing Your Login Credentials or requesting additional information to authorize use of the Content.
      NOTWITHSTANDING THE ABOVE, THE COMPANY MAY RELY ON THE AUTHORITY OF ANYONE ACCESSING THE CONTENT USING YOUR LOGIN CREDENTIALS AND IN NO EVENT WILL THE COMPANY BE HELD LIABLE TO YOU FOR ANY LIABILITIES OR DAMAGES RESULTING FROM OR ARISING OUT OF: (A) ANY ACTION OR INACTION OF THE COMPANY UNDER THIS PROVISION, (B) ANY COMPROMISE OF THE CONFIDENTIALITY OF YOUR LOGIN CREDENTIALS, OR (C) ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR LOGIN CREDENTIALS.
      

8) WARRANTIES; LIMITATIONS ON LIABILITY; RELEASE; INDEMNIFICATIONS; REPRESENTATIONS

1. 1. Disclaimer of Warranties.THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE CONTENT ON THE WEBSITE. YOU EXPRESSLY AGREE THAT USE OF THE CONTENT IS AT YOUR SOLE RISK.
   2. Limitation of Liability. YOU AGREE THAT IN NO EVENT SHALL THE COMPANY OR ITS OWNERS, PRINCIPALS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AFFILIATES, AGENTS, SUPPLIERS, OR SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE BY YOU OR YOUR INABILITY TO ACCESS CONTENT, THIS WEBSITE, OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE.
   3. Release. YOU HEREBY RELEASE EACH OWNER, PRINCIPAL, MEMBER, DIRECTOR, OFFICER, OR EMPLOYEE OF THE COMPANY FROM ANY AND ALL LIABILITY IN CONNECTION WITH ACCESS TO THE CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES OR HARM THAT YOU MAY INCUR IN CONNECTION WITH THE USES AUTHORIZED BY YOU HEREIN, THE INTERCEPTION OF DATA BY A THIRD PARTY, OR ANY OTHER EVENT OUTSIDE OF THE REASONABLE CONTROL OF THE COMPANY.
   4. Representations; Export Control; Government Regulations. You represent that (a) You are not, and are not acting on behalf of, (i) any person who is a citizen, national, or resident of, or who is controlled by the government of any country to which the United States has prohibited export transactions; or (ii) any person or entity listed on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons, or the U.S. Commerce Department Denied Persons List or Entity List; and (b) You will not permit the Content to be used for any purposes prohibited by law.
   5. General Indemnification. You hereby agree to indemnify, defend and hold harmless the Company and its employees, directors, officers, subcontractors, agents or other members of its workforce, attorneys, and insurers, against any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to: (a) Your negligence, gross negligence, or willful conduct; (b) Your violation of the Terms; (c) Your violation of any rights of a third party; or (d) Your violation of any law, ordinance or regulation.

9) GOVERNING LAW; BINDING ARBITRATION

1. 1. Domestic Operations; Governing law. The Website is operated from the United States and the Content and the Terms shall be governed by and construed in accordance with the laws of the State of North Carolina applicable to agreements made and entirely to be performed within North Carolina, without resort to its conflict of law provisions. You acknowledge that the laws of Your jurisdiction may be more or less strict than the laws that apply to the Content and the Terms. If You access the Content from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
   2. Binding Arbitration. Regardless of where You access this Website, You agree that any claim or dispute arising from or related to the Terms, Your use of the Website, or your access to Content, shall be settled by mediation and, if necessary, legally binding arbitration in Mecklenburg County, North Carolina. Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of these Terms and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an arbitration decision.

10) MISCELLANEOUS

1. 1. Violations. You agree that the Company may investigate any reported violation of these Terms, its policies or any complaints, and the Company may take any appropriate action that it deems appropriate in its sole discretion. You further agree that the Company has the right, but not the obligation, to take any action it deems appropriate, including, but not limited to, action to investigate any complaints or reported violation of these Terms or its policies, issue a warning, suspend or terminate Your access to and use of the Content at any time, and block, remove or edit any communication and materials that the Company believes in its sole discretion may violate applicable law, the Terms or a third party’s rights. Furthermore, any indirect or attempted violation of the Terms by You, will be considered a breach of these Terms by You.
   2. Third Party Links; Third Party Websites. You agree that the Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Websites or Content accessible by any hyperlink from this Website or websites linking to this Website.
   3. Injunctive Relief for Breach. Notwithstanding Section 9(b), You acknowledge and agree that any dispute involving the alleged breach by You of Section 6(a) (Restrictions), Section 6(c) (Ownership), or Section 8(d) (Representations; Export Control; Government Regulations) of these Terms shall not be subject to Binding Arbitration under Section 9(b) of these Terms. You further agree that any breach by You of Section 6(a) (Restrictions), Section 6(c) (Ownership), or Section 8(d) (Representations; Export Control; Government Regulations) of these Terms will irreparably harm the Company. Accordingly, in the event of a breach by You, the Company is entitled to promptly seek injunctive relief in a court of competent jurisdiction (subject to Section 9(a) of these Terms) in addition to any other remedies that it may have at law or in equity.
   4. Execution of these Terms. This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (a) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (b) legally enforceable as a signed writing as against the parties subject to the electronic documents, including You; and (c) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
   5. Waiver; Remedies Cumulative; Severability. The rights and remedies of the parties hereunder are cumulative and not alternative. Neither any failure nor any delay by any party in exercising any right, power or privilege under these Terms shall operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege shall preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. If any provision of these Terms, or the application of any such provision to any person, entity or circumstance, is held to be unenforceable or invalid by any court of competent jurisdiction or under any applicable law, the validity and enforceability of the remaining provisions of these Terms shall not be affected thereby. Without limiting the foregoing, the covenants and obligations contained in these Terms shall be construed as separate covenants and obligations, covering their respective subject matters. Each breach of a covenant or obligation set forth in these Terms shall give rise to a separate and independent cause of action.
   6. No Assignment. You may not assign any or all of Your rights under this Agreement to any person or entity without the prior written consent of the Company. Any attempted assignment or assumption without such written consent shall be null and void and without legal effect.
   7. Contact Information. Please direct correspondence to:

Sermon INC, LLC dba Sermon Box
7427 Matthews Mint Hill Road
Suite 105-130
Charlotte, NC 28227