This page outlines the Terms of Service under which Ministry Centered Technologies, Inc. (“we” or “us”) provides the use of our Planning Center software service, websites, and desktop and mobile applications (collectively referred to herein as “Planning Center”).
Please read this page carefully. By using Planning Center, “you” (whether you are a Customer, Organization Administrator, Authorized User or Individual, as described in further detail below) are indicating your acceptance to be bound by these Terms of Service. In other words, these Terms of Service are a binding contract between you and us. If you are unwilling to be bound to these Terms of Service, please do not use Planning Center.
Please note that these Terms of Service are subject to change. We may, in our sole discretion, revise the Terms of Service at any time by updating this page. You should visit this page periodically to review the Terms of Service, as it is binding upon you.
In addition, please be advised that this Agreement contains provisions that govern how disputes between us are resolved, including arbitration, a jury trial waiver and a class action waiver.
Planning Center supports four categories of users: Customers, Organization Administrators, Authorized Users and Individuals. Each type of user has different permissions and responsibilities, which are more fully defined below. For ease of reference, we will use the term “you” in these Terms of Service to refer to the user of Planning Center (whether they be a Customer, Organization Administrator, Authorized User, or Individual).
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 Planning Center 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 Planning Center 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 “Settings” area of Planning Center and modifying the pertinent information. You can also contact us with questions on how to update or change your information by email at firstname.lastname@example.org.
Upon the creation of the Account, the Initial User is automatically deemed an Organization Administrator of the Account. The Initial User may delegate additional administrators who have full access to manage the Account and use Planning Center (collectively, the “Organization Administrators”). The Organization Administrators must also have full authority to enter into binding contracts and conduct business on behalf of Customer. We may require the Organization Administrators 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 Organization Administrators who had no authority to act on Customer's behalf.
Organization Administrators may be added or deleted by another Organization Administrator. In the event an Organization Administrator is deleted, the Organization Administrator shall cease to have access to Planning Center and any information within Planning Center. In addition, an Organization Administrator, acting on behalf of the Customer, may delete the Account and therefore all data and information related to the Account in Planning Center. Organization Administrators, acting on behalf of the Customer, may also rename the Account or sign up for additional features of Planning Center. However, Organization Administrator's 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 Organization Administrator, 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 Organization Administrator.
In the event of a conflict among Organization Administrators or between Organization Administrators 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. We may suspend the Planning Center account until said conflict is resolved.
“Authorized Users” are users who are granted permission to access Planning Center by either (i) an Organization Administrator, or (ii) another Authorized User that has been given the permissions to add additional Authorized Users by an Organizational Administrator. However, Authorized Users will not have access to the same administrative features as Organization Administrators. Authorized Users acknowledge and agree that an Organization Administrator or another Authorized User may (a) remove their access to Planning Center; (b) delete or change any information that such user has entered into Planning Center; 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 Planning Center, is disparaging to the Customer, or is contrary to the Customer's mission and/or instructions.
“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 Planning Center such as event registration and donations. To be clear, Individuals do not have full access to all features of Planning Center, and Individuals' accounts are linked to the corresponding Customer. This means that the Customer, Organizational Administrators and/or Authorized Users can view information and data that Individuals have entered into Planning Center.
Individuals acknowledge and agree that the Customer and its agents can view, access and use the information and data Individuals have entered into Planning Center. Individuals also acknowledge and agree that Organization Administrators or Authorized Users may (a) remove their access to Planning Center; (b) delete or change any information that such Individual has entered into Planning Center; or (c) delete the entire Account, which would result in the deletion of all data from Individuals.
Responsibilities of the Customer
Some of the features of Planning Center allow the Customer, Organization Administrators, Authorized Users or Individuals to enter data into Planning Center (“Customer Data”). Customer Data may include or incorporate information related to third party individuals – for example, the names and addresses of the Customer's members, and any donations from said members (“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 Planning Center. 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 Planning Center 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 Organization Administrators, Authorized Users and Individuals will not use Planning Center in a manner that violates the laws, rules and regulations in the applicable jurisdiction.
Responsibilities of the Organization Administrator
Organization Administrators shall follow the instructions of the Customer, and shall comply with the Customer's policies and practices that are relevant to the use of Planning Center. Organization Administrators 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 Planning Center.
Responsibilities of Authorized Users and Individuals
Responsibilities of all Users
All users of Planning Center (whether you are a Customer, Organization Administrator, 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 Planning Center 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 Planning Center 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 “Profile” area of Planning Center and modifying the pertinent information. All users can also contact us with questions on how to update or change their information by email at email@example.com.
Finally, all users of Planning Center 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 Planning Center, and all activity that occurs using Planning Center.
Use the Services only for acceptable uses and not for any illegal or prohibited purpose.
As one of the conditions of your use of Planning Center, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) Planning Center for anything other than the Acceptable Uses, which are defined below in Section 5. You shall NOT use Planning Center 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 Planning Center. If you are between 13 and the age of legal consent, the Organization Administrator must secure and verify the consent of a parent or guardian who agrees to be bound to these terms to use or access Planning Center. To be clear, you may not use or access Planning Center if you are under the age of 13. Any use or access to Planning Center by anyone under the age of 13 is strictly prohibited and in violation of these Terms of Service. By using Planning Center, 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 Organization Administrators, Authorized Users and Individuals comply with this paragraph the Terms of Service.
Not be previously prohibited from using Planning Center
Planning Center may not be used by anyone we previously prohibited from using Planning Center.
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 Planning Center to you so that you may grow and manage your organization (the “Intended Purpose”). You agree that you will only use Planning Center for the Intended Purpose. You specifically agree that you will NOT:
- Use Planning Center if you are under the age of 13.
- Use Planning Center 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 the Services to “stalk” or otherwise harass another.
- Use Planning Center 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 Planning Center 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 Planning Center, use misleading email address or enter false and/or misleading information into Planning Center 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 Planning Center to upload, post, email, or otherwise transmit, or post links to any content or information that facilitates hacking.
- Use Planning Center 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 Planning Center 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 Planning Center 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 Planning Center 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 Planning Center 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 Planning Center or servers or networks connected to Planning Center.
- 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.
While we take the security of Planning Center very seriously, we cannot ensure or guarantee the security of Planning Center. Any such use shall be at your sole risk, and you shall relieve Ministry Centered Technologies and our affiliates of all liability in connection therewith.
Third Party Payment Processing
We use a third party to process payments related to Planning Center, 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 Planning Center 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 Organization Administrator, 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 through Planning Center.
How we bill for Planning Center
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 three (3), six (6) or 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 Planning Center. 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 Planning Center.
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 PLANNING CENTER ACCOUNT. For current pricing, you can contact us or visit https://planning.center.
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 Planning Center. 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.
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, we will send you an email ten (10) days before the free trial ends reminding you that (a) the free trial is concluding in ten days, and (b) new charges will appear on the billing cycle after the 30-day free trial is finished. Please note when you upgrade from the free account to a paid account 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 bill for Planning Center).
Planning Center is non-refundable
Planning Center 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 Planning Center. In order to treat everyone equally, no exceptions will be made.
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 must suspend Planning Center until you remit payment. You have 30 days to remit payment to us before we terminate your Account and your access to Planning Center 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 Organization Administrator must click on the “Accounts” link in the global navigation bar at the top of the screen. The Accounts 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 firstname.lastname@example.org or give us a call at (866) 726-2730. However, please be aware that you will no longer have access to Planning Center 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 Organization Administrator 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 Planning Center 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 Planning Center, 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 Planning Center. 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 Planning Center
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, Planning Center (or any part thereof), with or without notice.
Changes to Pricing
Prices for Planning Center, including but not limited to monthly subscription fees to Planning Center, 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://planning.center)) and by emailing the Customer to the Organization Administrators’ email addresses provided through Planning Center. 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 Planning Center.
Our Intellectual Property
Planning Center, including but not limited to text, graphics, images, logos, buttons, icons, software and other materials and the overall "look" and "feel" of Planning Center, are the sole property of Ministry Centered Technologies, and are the protected patents, copyrights, trademarks, and service marks of Ministry Centered Technologies (the “MCT 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 MCT IP may violate copyright, trademark and other laws. You may not reproduce, modify, display, sell, or distribute the MCT IP unless you obtain our explicit written consent. We grant you a license to use the MCT IP for the sole purpose of accessing and using Planning Center.
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.
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).
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 Planning Center.
Third Parties' Intellectual Property
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 Planning Center 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 to our designated agent, Jeff Berg, at the following address:Ministry Centered Technologies2790 Gateway RoadCarlsbad, CA 92009
Phone: (888) 777-2821
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 Planning Center;
- Information reasonably sufficient to permit Ministry Centered Technologies 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.
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 provided to our designated agent 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 Ministry Centered Technologies, Inc. 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 Planning Center. The Customer specifically agrees to defend, indemnify and hold harmless Ministry Centered Technologies, Inc. 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 Customer and its Organization Administrators, Authorized Users, and Individuals.
Release and Limitations of Liability
You agree to release Ministry Centered Technologies, Inc. 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 Planning Center.
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, PLANNING CENTER AND/OR THE CONTENT WITHIN PLANNING CENTER, 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 PLANNING CENTER.
By entering into these Terms of Service you acknowledge and agree that we are simply providing Planning Center for free, or at times for a fee, and that we make no warranties of any kind relating to Planning Center, any data or content contained within or related to Planning Center, any data or content available through Planning Center, and documents or information available through Planning Center. Furthermore, nothing on or within Planning Center 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 PLANNING CENTER, OR THE CONTENT AVAILABLE ON OR THROUGH PLANNING CENTER, WILL MEET YOUR EXPECTATIONS, OPERATE ERROR-FREE, OR BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF PLANNING CENTER 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 PLANNING CENTER AND THE INTERNET IN GENERAL. PLANNING CENTER IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MINISTRY CENTERED TECHNOLOGIES, INC., 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 PLANNING CENTER, 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 Planning Center 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 Planning Center, 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 email@example.com.
Your Communications with us regarding improvements to Planning Center
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 Planning Center at your own risk
Your use of Planning Center 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 Planning Center is appropriate or legal to be viewed by certain persons or in certain countries. If you access Planning Center 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 Ministry Centered Technologies 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 Ministry Centered Technologies and governs your use of Planning Center, superseding any prior agreements between you and Ministry Centered Technologies (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.
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 Planning Center, or any dispute related to your relationship with Ministry Centered Technologies, Inc. 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 Ministry Centered Technologies, Inc. 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 MINISTRY CENTERED TECHNOLOGIES, INC. 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 Ministry Centered Technologies, Inc., 2790 Gateway Road, Carlsbad, CA 92009 or firstname.lastname@example.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 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.
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 California 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.
These terms constitute Ministry Centered Technologies’ entire binding Terms of Service, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding Ministry Centered Technologies Inc.’s Services.
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 email@example.com or by mail at: