TERMS OF SERVICE

WELCOME

As part of the Service, Church Community Builder will provide the use of the Service, including a browser interface and data encryption, transmission, access, and storage. Your registration for or use of the Service shall be deemed to be your agreement to abide by this Agreement and any materials available on the Church Community Builder website incorporated by reference herein, including, but not limited to, Church Community Builder’s privacy and security policies and Church Community Builder’s Statement of Belief. The Service is offered in several versions:

• Essential
• Standard
• Deluxe

Please see the Church Community Builder website for feature differences between the various versions. Your contract will indicate the version you are purchasing.

I. PERMITTED USE

1. Under the terms and conditions of this Agreement, Church Community Builder agrees to provide to Customer and permitted users access to the Service hosted by Church Community Builder and set up a private dedicated database for the exclusive use by Customer.
2. The Service is to be used only by Customer and users authorized by Customer who are members of Customer (“Users”). Customer will have the ability to assign usernames and passwords (“logins”) to selected individuals maintained in their dedicated church database. Customer will have full control over who is authorized to access/use this Service, provided (i) Customer shall not authorize persons who are not members of Customer; and (ii) any login issued to a User will be disabled when such person is no longer a member of Customer. Customer will inform Church Community Builder immediately of any actual or potential unauthorized use of a login.
3. Customer will be able to assign administrative privileges on a User-by-User basis. All use of the Service is provided via the Internet through a standard internet browser and/or email client. In order to use the Service, Customer and Users are responsible, at their own expense, to acquire access to the Internet and to provide all equipment and software needed.

II. CHOICE / OPT-OUT

1. Church Community Builder’s anti-spam practices, in compliance with the CAN-SPAM Act of 2003, tolerate only permission-based email. Recipients of email always have the opportunity to opt-out or change preferences via a link in the footer of all non-transactional email messages.
2. In all emails sent by Customer using the Service, Customer agrees to include a clear and conspicuous explanation of how the recipient can opt out of getting email from Customer in the future. Customer also agrees to give a return email address or other easy way to allow people to communicate their opt-out choice to Customer. Customer shall process all opt-out requests within ten (10) business days.
3. Customer acknowledges Church Community Builder shall not be required to forward any information to Customer from a recipient who has opted-out of receiving emails from Church Community Builder or Customer.

III. PASSWORDS AND ACCOUNT SECURITY

1. Customer agrees and understands it is responsible for maintaining confidentiality of passwords associated with any account it uses to access the Service.
2. Accordingly, Customer agrees it shall be solely responsible to Church Community Builder for all activities occurring under its account.
3. If Customer become aware of any unauthorized use of its password or of its account, Customer agrees to notify Church Community Builder immediately.

IV. CUSTOMER PROPRIETARY DATA RIGHTS

1. The data, information, or material (“Data”) submitted to the Service is for the exclusive use of Customer. Church Community Builder agrees not to use, distribute, or disclose any Data except for disclosures required by law and specific, limited disclosures required to facilitate quick and accurate application user login for the benefit of churches, organizations, customers, and users, as set forth in Section V below. Church Community Builder shall have the right to remove any Data that violates this Agreement (i) immediately, if required by law; (ii) immediately, if Church Community Builder believes the failure to do so could cause irreparable harm; or (iii) otherwise upon five (5) business day written notice to Customer. Customer agrees to evaluate and bear all risks associated with the use of any Data, including any reliance on the accuracy and usefulness of such Data. The obligations under this Section IV shall survive the termination of this Agreement.
2. Customer agrees to not upload or transmit any Data that infringes, misappropriates, or violates any rights of any party.
3. Church Community Builder has the right to remove any or all email addresses which are deemed by intermediaries, including Internet Service Providers, to be ‘spamming’ addresses or addresses that otherwise degrade the performance of the application, create significant rejections, or are otherwise not being used for bona fide church management purposes.
4. Customer shall not allow anyone working on its behalf to (i) perform any technical security integrity review, penetration test, load test, denial-of-service simulation, or vulnerability scan without Church Community Builder’s prior written consent, or (ii) attempt to access the Data of another Customer. Such prohibition includes a prohibition on employment of automatic emulation devices in connection with the Service.
5. Downgrading your Service may cause the loss of Data, features, or capacity of your Account. Church Community Builder does not accept any liability for such loss.

V. CHURCH COMMUNITY BUILDER ACCOUNT INFORMATION AND DATA

Church Community Builder does not own or have any rights to any Data Customer submits as a result of using this Service except Church Community Builder may use aggregate general statistical data as set forth below. Church Community Builder will not monitor, edit, or disclose any information regarding Customer or Customer’s database without Customer’s express written permission except in accordance with this Agreement or as may be required by law. For example, Church Community Builder may employ specific data search methodologies to facilitate quick and accurate application user login for the benefit of churches, organizations, customers, and users. Specifically, these data searches are designed to direct users to the correct database for application login and may include, but are not limited to, user searches for the correct church, organization, or customer database utilizing search parameters of church, organization, or customer name; church, organization, or customer location; or user specific identification, such as an individual user's name. These searches may disclose a church, organization, or customer as having a contractual relationship with Church Community Builder, as well as disclosing the fact of a specific individual, by name, as having a potential relationship as a user with one or more church, organization, or customer of Church Community Builder. Also, Church Community Builder may be required to disclose Data to cooperate with regulators or law enforcement authorities to comply with a legal process such as a court order, subpoena, search warrant, or law enforcement request. In addition, Church Community Builder may review certain User registration and statistical information such as usage or User traffic patterns in summative form for internal planning purposes in operating the Service. Church Community Builder may access and modify Customer database in order to perform Service updates or respond to service or technical problems when requested to do so by Customer, law enforcement officials, or any third party claiming misappropriation or breach of privacy or data rights.

VI. CHURCH COMMUNITY BUILDER PROPRIETARY RIGHTS

Customer acknowledges and agrees the Service contains proprietary and confidential methods and information protected by applicable intellectual property and other laws. Customer agrees to not, directly or indirectly, (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through, the Service or any software, documentation, or Data related to the Service; (ii) remove any proprietary notices or labels from the Service; (iii) modify, translate, or create derivative works based on the Service; or (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service.

VII. API TERMS

Customers may access their Data via an Application Program Interface (“API”). Any use of the API, including use of the API through a third-party product accessing the Service, is bound by the terms of this Agreement plus the following specific terms:

1. Customer expressly understands and agrees Church Community Builder shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, or Data, or other intangible losses (even if Church Community Builder has been advised of the possibility of such damages) resulting from Customer’s use of the API or third-party products that access Data via the API.
2. Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of Customer’s account’s access to the API. Church Community Builder, in its sole discretion, will determine abuse or excessive usage of the API. Church Community Builder will make a reasonable attempt via email to warn Customer prior to suspension.
3. Church Community Builder reserves the right at any time to modify or discontinue, temporarily or permanently, Customer’s access to the API (or any part thereof) with or without notice.

VIII. AVAILABILITY OF SERVICE

Church Community Builder will provide at least two (2) business days advanced notice via email or system announcement within the Service of any scheduled downtime for backup, maintenance, or updates. Additionally, Church Community Builder will make commercially reasonable efforts to ensure the quality of the service it provides is of at least prevailing industry standards and access to the Service is available on a 24/7 basis. However, although Church Community Builder will use all reasonable efforts in good faith to avoid interruption of the Service, Customer acknowledges and agrees access to the Service may be unavailable from time to time for any reason, including, without limitation, interruption of major network connectivity, network and server outages, and backup and regular maintenance by Church Community Builder and any operators of its servers. In the event a 99.9% uptime is not maintained as an average in any calendar month (excluding planned downtime for backups, regular maintenance, and updates to the Service) (the “Uptime Milestone”), Customer may request a pro rata refund of downtime exceeding forty (40) minutes for that calendar month, or Customer may terminate the Service and will receive a pro rata refund for the unused term of the Agreement for use of the Service (excluding any setup fees, data migration fees, coaching, training, or Tribes service fees, or premier or Multi-Site support fees). Other exclusions to the “Uptime Milestone” include interruptions of major network connectivity outside of Church Community Builder’s facilities, problems with Customer network or connectivity, and DNS or browser caching.

IX. SERVICE PROVIDER, VENDOR, AND BUSINESS PARTNER INFORMATION DISCLOSURE

Church Community Builder employs third-party companies to facilitate its services to Customer. These services may include, but are not limited to, file storage, encrypted backup services, web analytics, payment processing, email delivery, text messaging, hardware, or networking equipment. These third-party companies may have access to personal information insomuch as their services are employed by Church Community Builder.

X. CUSTOMER-ASSIGNED ADMINISTRATORS

Customer will select a primary contact (“Master Administrator”) and one other designated contact (“Support Contact”) to manage Customer’s use of the Service, to authorize Users to access the Service, and to serve as the primary technical interface with Church Community Builder Customer Service Representatives.

XI. CUSTOMER SUPPORT SERVICES

Church Community Builder will provide quality technical support to Customer. A 24-hour online Help Desk will be available to all Users. For questions or information not addressed in the Church Community Builder Online Help Desk, additional support will be available to the Master Administrator and Support Contact via eSupport Tickets. Responses to eSupport Tickets will occur typically within one (1) business day.

XII. USER CONDUCT

Customer agrees to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with using this Service. Without limiting the foregoing, Customer agrees not to use the Service or information from the Service for any of the following:

1. communication violating any law, including illegal email solicitations, advertising, promotional materials, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages not in full compliance with applicable laws, including the laws of charitable solicitation applicable to any charity or fundraiser raising money for Customer;
2. harvesting, collecting, gathering, or assembling information or Data regarding other Users, including email addresses, without their consent;
3. transmitting through or posting on the Service unlawful, immoral, libelous, abusive, harassing, tortuous, defamatory, threatening, harmful, invasive of another’s privacy, vulgar, obscene, or otherwise objectionable material of any kind or nature or material which is harmful to minors in any way;
4. transmitting any material infringing upon the intellectual property rights or other proprietary rights of third parties, including trademark, copyright, or right of publicity;
5. transmitting any material containing software viruses or other harmful or deleterious computer code, files, or programs such as Trojan horses, worms, time bombs, or cancel bots;
6. interfering with or disrupting the integrity of any Data or computer-based information or any servers or networks connected to the Service or violating the regulations, policies, or procedures of such networks;
7. attempting to gain unauthorized access to the Service or other accounts, computer systems, or networks connected to the Service through password mining or any other means; or,
8. Harassing or interfering with another User’s use and enjoyment of the Service.

Church Community Builder, at its own discretion, may immediately disable Customer’s access to the Service or remove all or a portion of Customer’s Data, without refund, if Church Community Builder believes, in its sole discretion, Customer has violated any of the policies listed above.

XIII. REPRESENTATIONS AND WARRANTIES

1. Church Community Builder represents and warrants it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and the Service will perform substantially in accordance with Church Community Builder’s online Help Desk documentation under normal use and circumstances.
2. Church Community Builder also warrants and represents it will not share, rent, sell, or trade personal information (including email addresses) identifying Customer or its Users to third parties. Church Community Builder will only provide information such as Customer’s name, address, and credit card number to businesses for credit verification and billing services to ensure Church Community Builder receives proper payment for the Services and to Church Community Builder service providers for the purpose of providing the Service.
3. Church Community Builder represents it has implemented reasonable security measures to prevent the loss, misuse, and alteration of the confidential information in its possession. Church Community Builder uses various security measures to protect the information it collects, as appropriate to the type of information, including encryption, firewalls, and access controls. Church Community Builder has agreements in place with each of its service providers, vendors, and business partners requiring such third party to protect any Confidential Information transferred to them by implementing industry-standard security measures at least as restrictive as Church Community Builder’s security measures.
4. Church Community Builder, as required by the Payment Card Industry ("PCI") Data Security Standard ("DSS") Requirement 12.9, is responsible for the security of cardholder data it stores, processes, or transmits and will implement necessary requirements to be considered PCI compliant.

XIV. SERVICE FEES

1. Customer agrees to pay all applicable fees as specified in Customer’s Agreement. Fees are payable in advance and are due before the first business day of the month. Prepaid training and/or data migration fees are nontransferable and are forfeited if Customer fails to submit data or complete training within one (1) year of Agreement.
2. Church Community Builder reserves the right to disable Customer’s Account immediately if Customer fails to make payments for the Service by the day said payments are due.
3. All fees paid are not refundable. However, if Church Community Builder terminates or cancels the Service or Agreement, with or without cause, Church Community Builder shall refund Customer the unused portion of the fees remaining for the Agreement’s term (excluding any setup fees or data migration fees).

XV. RENEWAL / NOTICE OF TERMINATION

This Agreement will be valid for a period of one (1) year commencing on the start date. Customer shall have the right to renew this Agreement for additional one (1) year periods commencing on the annual anniversary of the start date. Pricing for any renewal will be based upon normal weekly attendance and billed at current pricing as specified on the Church Community Builder website or in a Church Community Builder Proposal. Church Community Builder shall provide Customer written notice of the current pricing sixty (60) days before the expiration of this Agreement. Should Customer elect to renew this Agreement, pricing may change based on updated normal weekly attendance. Unless terminated for cause by Church Community Builder as set forth herein, this Agreement will continue for the duration of the annual term. Upon the expiration of this Agreement without a renewal by Customer, the Service shall be terminated and Customer’s account shall be deleted no sooner than ninety (90) and no more than three-hundred sixty-five (365) days days after terminated service.

XVI. NONPAYMENT / SUSPENSION OF SERVICE

In addition to any other rights granted to Church Community Builder herein, Church Community Builder reserves the right to suspend or terminate this Agreement and Customer’s access to the Service if the account becomes delinquent (falls into arrears). If Customer or Church Community Builder initiates termination of this Agreement, Customer will be obligated to pay any balance due on the account computed in accordance with Section XIV above. Customer agrees Church Community Builder may charge such unpaid fees to a credit card or otherwise bill Customer for such unpaid fees. Church Community Builder reserves the right to impose a temporary access fee in the event Customer is suspended and thereafter requests access to the Service.

XVII. TERMINATION FOR CAUSE

Any unauthorized access, use, copying, disclosure, distribution, or sub-licensing by Customer or with Customer’s aid or consent of the Service or any related methods, techniques, or processes, except as permitted under this Agreement, will be deemed a material breach of this Agreement. Additionally, any actions taken by Customer or its Users in conflict with Section XII above will also be deemed a material breach of this Agreement. Church Community Builder, in its sole discretion, within reason, may terminate or suspend the login, account, or use of the Service if Customer or its Users materially breach this Agreement, provided Church Community Builder provides Customer a ten (10) business day written notice and a fifteen (15) day period to cure any and all material breaches thereafter.

XVIII. TERMINATION OF SERVICE

Customer agrees that upon termination pursuant to Sections XVI or XVII above, Church Community Builder will bar Customer from any further access to the Service. It is the sole responsibility of Customer to retrieve their Data and files from the Service prior to the date of termination. Customer’s account and all Data and files related to the Service shall be permanently deleted no later than three-hundred sixty-five (365) days after terminated service. Church Community Builder will use commercially reasonable efforts to provide written notice thirty (30) days before such deletion to allow Customer final opportunity to export or download any Data or files related to the Service. Customers choosing to access the Service at that time will incur a temporary access fee, as described in Section XVI above. Customer may terminate the Service on five (5) business days advanced notice for failure by Church Community Builder to achieve the Uptime Milestone or due to a security breach. In such event, Customer, as its sole and exclusive monetary remedy in connection with such termination, may elect to have refunded the price paid in advance (if any) for the remaining portion of the Agreement’s term for use of the Service (excluding any setup fees or data migration fees). Church Community Builder may terminate use on notice of the Service if Customer is a competitor of Church Community Builder and upon such termination shall refund a pro rata portion of the fees paid for the unused term of the Agreement.

XIX. DISCLAIMER OF WARRANTIES

Use of the Service and any reliance by Customer upon the Service, including any action taken by Customer because of such use or reliance, is at Customer’s sole risk. Church Community Builder does not warrant the Service will be uninterrupted or error-free, nor does it make any warranty as to the results that may be obtained from use of the Service. The Service is provided “as-is”, and Church Community Builder disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and noninfringement.

XX. LIMITATION OF LIABILITY

IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE THE SERVICE, ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, OR ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO CUSTOMER.

XXI. INDEMNITY

Subject in all cases to the limitations set forth in Section XX (Limitation of Liability), the parties agree to the indemnity provisions set forth in subsections (1.)–(4.) below:

1. Customer agrees to indemnify Church Community Builder and its officers, directors, subsidiaries, affiliates, successors, assigns, and agents (collectively, the “Church Community Builder Indemnities”) and defend and hold the Church Community Builder Indemnities harmless from and against all liabilities, losses, damages, settlements, actions, claims, suits, penalties, fines, or expenses (including, without limitation, reasonable attorneys’ fees and other expenses of litigation) incurred by any Church Community Builder Indemnities relating to or arising from or occurring as a result of Customer’s use of the Service; Customer’s connection to the Service; Customer’s violation of this Agreement; or Customer’s violation of any proprietary or other rights of another, provided: (i) the Church Community Builder Indemnities notify Customer in writing of the claim within thirty (30) days of notice of such claim; (ii) Customer has sole control of the defense and resolution of such claim; and (iii) the Church Community Builder Indemnities provide Customer with the reasonable assistance to perform Customer’s obligations under this Section. Customer will reimburse the Church Community Builder Indemnities’ reasonable out-of-pocket expenses incurred in providing such assistance. Notwithstanding the foregoing, nothing herein shall be construed to require Customer to indemnify any of the Church Community Builder Indemnities for a claim to the extent caused by or resulting from such Church Community Builder Indemnities’ own negligence or willful misconduct.
2. Church Community Builder shall indemnify Customer and its officers, directors, subsidiaries, affiliates, successors, assigns, and agents (collectively, the “Customer Indemnities”) and defend and hold the Customer Indemnities harmless from and against all liabilities, losses, damages, settlements, actions, claims, suits, penalties, fines, or expenses (including, without limitation, reasonable attorneys’ fees and other expenses of litigation) incurred by any Customer Indemnities, relating to or arising from or occurring as a result of infringement by the Church Community Builder Service of any patent, copyright, trademark, trade secrets, or other intellectual property rights of a third party; or Church Community Builder’s violation of this Agreement, provided: (i) Customer Indemnities notify Church Community Builder in writing of the claim within thirty (30) days of notice of such claim; (ii) Church Community Builder has sole control of the defense and resolution of such claim; and (iii) Customer Indemnities provide Church Community Builder with the reasonable assistance to perform Church Community Builder’s obligations under this Section. Church Community Builder will reimburse Customer Indemnities’ reasonable out-of-pocket expenses incurred in providing such assistance. Notwithstanding the foregoing, nothing herein shall be construed to require Church Community Builder to indemnify any of the Customer Indemnities for a claim to the extent caused by or resulting from such Customer Indemnities’ own negligence or willful misconduct.
3. Each party shall also indemnify, defend, and hold the other party and its respective Indemnities (as defined in (1.) and (2.) above) free and harmless from and against any and all claims, demands, actions, causes of action, lawsuits, judgments, costs, expenses, and other liabilities of every nature, including attorneys’ fees, arising from the breach or inaccuracy of any of the indemnifying party’s representations or warranties contained in this Agreement.
4. Neither Church Community Builder nor the Customer shall be obligated to indemnify the other party in any manner whatsoever for the other party’s negligence or willful misconduct.

The foregoing indemnification provisions shall survive the termination of this Agreement.

XXII. NONDISCLOSURE

By virtue of this Agreement, the parties may have access to information confidential to one another (“Confidential Information”). The parties agree not to make each other’s Confidential Information available in any form to any third party or to use each other’s Confidential Information for any purpose other than the implementation of the Agreement. Each party agrees to take all reasonable steps to ensure Confidential Information is not disclosed or distributed by its employees or agents in violation of the provision of this Agreement.

XXIII. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by the laws of the State of Colorado, without regard to its conflict of law provisions, and shall be deemed to be executed in Colorado Springs, Colorado. Customer and Church Community Builder also agree to submit to the personal and exclusive jurisdiction of the courts located in the State of Colorado.

XXIV. NOTICES

Notices to Customer shall be made by email to a designated account reference with a copy delivered first class mail to the then existing address of Customer shown on the records of Church Community Builder. Notice to Church Community Builder shall be sent to: Church Community Builder, LLC. 10807 New Allegiance Dr, Suite 300 Colorado Springs, CO 80921 with a copy facsimile: 888.295.1735 Notices sent by overnight delivery service shall be deemed received on the business day of receipt from the delivery service. Mailed notices shall be deemed received upon the earlier of the date of delivery shown on the return receipt or the second business day after the date of mailing. Notices sent by facsimile transmission shall be deemed served on the date of transmission, provided it is during regular business hours, otherwise on the next business day. The Service may also provide notices of changes to this Agreement or other matters.

XXV. ENTIRE AGREEMENT

This Agreement constitutes the complete Agreement between the parties and, except as provided, supersedes all previous agreements or representations, written or oral, with respect to the Services described herein.

XXVI. ATTORNEYS’ FEES

Should either party bring legal action (including arbitration) to enforce its rights under this Agreement, the prevailing party in such action shall be entitled to recover from the losing party its reasonable attorneys’ fees and costs in addition to any other relief to which the prevailing party is entitled. The parties further agree any attorneys’ fees incurred in enforcing any judgment are recoverable as a separate item and this provision is intended to be severable from the other provisions of this Agreement, shall survive the judgment, and is not to be deemed merged into the judgment.

XXVII. ACCEPTANCE

This Agreement becomes effective upon:

1. Acceptance of these terms by Customer as evidence by assent of the person accepting this Agreement, or
2. Valid payment by Customer which constitutes an electronic signature, or
3. Acceptance by Church Community Builder as shown by an acceptance response or commencement of use of the Service.

XXVIII. GENERAL

This Agreement does not limit any rights Church Community Builder may have under trade secret, copyright, patent, trademark, or other laws. The failure of Church Community Builder to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions of the Agreement shall remain in full force and effect. The section titles in the Agreement are for convenience only and have no legal or contractual effect. The Agreement will inure to the benefit of Church Community Builder and its successors and assigns. Some jurisdictions may not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages in certain circumstances. Accordingly, some of the above limitations may not apply. All representations, warranties, terms, disclaimers, and limitations in the Agreement shall survive the termination of Customer’s account or access to the Service.

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