ebc19-devpt-tc

Last Update: June 18, 2019

This website is owned and operated by Eagle Brook Church of White Bear Lake, Minnesota, which is a Minnesota nonprofit corporation and is also known as Eagle Brook Church™.

1. Acceptance of Terms of Use

These terms of use are entered into by and between you and Eagle Brook Church of White Bear Lake, Minnesota (hereinafter “Eagle Brook Church”, "Church", "we", “our” or "us").

The following terms and conditions, together with the terms and conditions stated in any documents that are expressly incorporated by reference, (collectively, these "Terms of Use"), govern access to and use of any of our ministry websites or mobile applications by you and others (who may be referred to hereinafter as “you” or other similar terms), which ministry websites or mobile applications presently include www.eaglebrookchurch.com; www.eaglebrookassociation.com; or the Eagle Brook Church mobile applications and also include any and all content, functionality, goods, and services offered on or through these sites and mobile applications (collectively, our "Websites" or “Website”).

Please read the Terms of Use carefully before you start to use any of our Websites. By using any of our Websites you accept and agree to be bound and abide by these Terms of Use. IF YOU DO NOT ACCEPT AND AGREE TO ANY OF THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE ANY OF THE WEBSITES.

2. Notice of Changes to Terms of Use

We reserve the right to amend, remove, revise, add to, or otherwise change any part or all of the Terms of Use at any time and in our sole discretion. All changes are effective immediately when we post them to any of the Websites and apply to all access to and use of our Websites thereafter. Your continued use of our Websites following the posting of any such altered Terms of Use means that you accept and agree to the changes made through them. You are expected to check this page from time to time so you are aware of any changes, since they are binding on you.

3. Accessing our Websites and Account Security

We reserve the right to at any time and for any reasons deny access to, withdraw or amend our Websites, in whole or in part, and any other online and mobile websites, interactive applications any service or material we provide on our Websites, all in our sole discretion and without any necessity of giving notice thereof.  We will not be liable if for any reason all or any part of our Websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Websites, or the entire Website, to some or all users.

You are solely responsible for:

  • Making all arrangements necessary for you to have access to our Websites, including, without limitation, having a computer that is capable of, and having sufficient internet connection to handle the demands of, using our Websites, and
  • Ensuring that all persons who access our Websites through your Computer or internet connection are eligible to access our Websites under these Terms of Use and are aware of these Terms of Use and comply with them.

To access our Websites or some of the resources they offer, you may be asked or required to provide certain registration details or other information. Your use of our Websites is conditioned on all the information you provide on our Websites being correct, current, and complete. You agree and accept that all information you provide to register with this Websites or otherwise, including, but not limited to, through the use of any interactive features on our Websites, agree and consent to all actions we take with respect to your information. 

We have the right to disable any user name, password, or other identifier, at any time, with or without advance notice, and in our sole discretion for any or no objective reason, including if, in our sole opinion, you have violated any provision of these Terms of Use.

4. Children and Our Website

While the Website is aimed to be used by people of all ages, including children of varying ages, some of our Website is intended to be used only by users over the age of eighteen (18). Any user under the age of eighteen (18) must have parental or legal guardian review, acknowledge and agreement to these Terms of Use prior to their Website use.

4.1        Privacy Policy for Children Under the Age of Thirteen (13). The Children’s Online Privacy Protection Act of 1998 and its rules (collectively, “COPPA”) require us to inform parents and legal guardians about our practices for collecting, using, and disclosing personal information from children under the age of 13 (referred to as “child” or “children”). It also requires us to obtain verifiable consent from a child’s parent for certain collection, use, and disclosure of the child’s personal information.

4.2        Information We Collect from Children. Children can access many parts of the Website and its content and use many of its features without providing us with personal information. In addition, we use certain technologies, such as cookies, to automatically collect information from our users (including children) when they visit or use the Website. We only collect as much information about a child as is reasonably necessary for the child to participate in an activity, and we do not condition his or her participation on the disclosure of more personal information than is reasonably necessary.

4.3        Information We Collect Directly. It is not our regular practice to collect personal information from children in any online format, including our Website. However, if a child under the age of thirteen (13) attends an Eagle Brook Church function or service, he or she may be asked to complete our “Family Preregistration Online Form” on our Website. This form may also be filled out at our physical locations. “The Family Pre-registration Form” collects the child’s first and last name, birth date, parent’s or guardian’s first and last names, email address and telephone number. We may request additional information from this form, but this information is optional. We specify whether information is required or optional when we request it.

4.4        Automatic Information Collection and Tracking. Our Website uses technology to automatically collect information from our users, which includes children, when they access and navigate through our Website and use certain of its features. The information we collect through these technologies may include:

  • One or more persistent identifiers that can be used to recognize a user over time and across different websites and online services.
  • Information that identifies a device’s location (ex. geolocation information).

We also may combine non-personal information we collect through these technologies with personal information about you or your child that we collect online. 

4.5        How We Use Your Child’s Information. We use the personal information we         collect from your child to:

  • register him or her our Kids Ministry and Educational programming; and
  • communicate with children’s parents or legal guardians about our Kids Ministry and Educational programming or other; and
  • communicate with children’s parents or legal guardians about their children’s participation in our Kids Ministry and Educational programming or other; and
  • communicate with children’s parents or legal guardians about activities or features of the Website that may be of interest; and
  • provide access to current or past Kids Ministry and Educational Message Series.

We use the information we collect automatically through technology and other non-personal information we collect to improve our Website and to deliver a better and more personalized experience by enabling us to estimate our Kids Ministry and Educational programming attendance and corresponding staffing and supply needs and improve Website performance. We may the use geolocation information we collect to identify where Website users are physically located.  

4.6        Our Practices for Disclosing Children’s Information. We do not share, sell, rent,            or transfer children’s personal information other than as described in this   section. We may disclose aggregated information about many of our users, and information that does not identify any individual or device. In addition, we may disclose children’s personal information:

  • To third parties we use to support the internal operations of our Website and who are bound by contractual or other obligations to use the information only for such purpose and to keep the information confidential.
  • If we are required to do so by law or legal process, such as to comply with any court order or subpoena or to respond to any government or regulatory request.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Church or others, including to:
    • protect the safety of a child; or
    • protect the safety and security of the Website; or
    • enable us to take precautions against liability; or
    • to law enforcement agencies or for an investigation related to public safety.

4.7        Accessing and Correcting Your Children’s Personal Information. At any time,        parents or legal guardians may review their children’s personal information maintained by us, require us to correct or delete the personal information, and/or refuse to permit us from further collecting or using the children’s information. Parents or legal guardians can review, change, or delete your child’s personal information by:

To protect privacy and security, we may require parents or legal guardians to   take certain steps or provide additional information to verify their identity before we provide any information or make corrections.  

5. Electronic Communications

When you use our Websites or send emails to the Church, you are communicating with us electronically. You consent to receive electronically any communications related to your use of these Websites. The Church will communicate with you by email or by posting notices on our Websites. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from the Church intended for receipt by you will be deemed delivered and effective when sent to the email address you provide through any of our Websites.

6. Intellectual Property Rights

The Websites, along with all the materials contained in the Websites including but not limited to the entire contents they contain, or may contain in the future contain, features and functionality, including but not limited to all information, software, text, content, photographs, video, audio and graphics, goods, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, data, opinions, descriptions, statements, patents, creative works, and any other form of intellectual property that appears on or relates to any of these Websites (hereafter “Online Materials”) are owned by Eagle Brook Church or licensed to Eagle Brook Church by third parties or other providers of such Online Materials and are protected from any unauthorized use, copying and dissemination by copyright, trademarks, service marks, international treaties, or other sources of proprietary rights and the common law and the laws of the United States, the State of Minnesota, and other countries. You acknowledge that this intellectual property has been developed, compiled, prepared, revised, selected, and arranged by Eagle Brook Church through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Eagle Brook Church.

Except as expressly permitted by Eagle Brook Church in writing you may not copy, reproduce, republish, recompile, decompile, disassemble, download, store, reverse engineer, distribute, publish, publically display, display, publically perform, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit post, frame, link, or in any way exploit any part of our Websites or any of the content appearing on any of them. Nothing contained in the Terms of Use or on these Websites should be construed as granting, by implication, estoppel or otherwise, any title, interest, license or right to use any Online Materials in any manner without the prior written consent of Eagle Brook Church.  Without limiting the scope of the preceding sentence, UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE SERVICE IS STRICTLY PROHIBITED.

No right, title, or interest in or to our Websites or any content on our Websites is transferred to you, and all rights not expressly granted through these Terms of Use are reserved by Eagle Brook Church. Any use of our Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

6.1 Trademarks

The trademarks, logos, service marks, business names, content titles, marks, brands, design marks, slogans, logos, designs, trade dress and trade names that Eagle Brook Church uses as trademarks, trade names or service marks (collectively, "Marks") displayed on this Website are the property of Eagle Brook Church or other third parties. You are not permitted to use any of these Marks without the prior written consent of Eagle Brook Church or such third party which may own the Mark.  The trademark symbols “(tm)” or “(sm)” or, in the case of any Marks that are registered with the U.S. Patent and Trademark Office, “(R)” must be used in connection with all so allowed uses of any of the Marks  In the case of any Marks that are registered with the U.S. Patent and Trademark Office, any so allowed uses must be accompanied by a statement in form and substance acceptable to and approved by Eagle Brook Church stating the Mark is registered with the U.S. Patent and Trademark Office held by Eagle Brook Church and is used with permission of Eagle Brook Church.

6.2 Copyrights

Eagle Brook Church either owns all copyright of and other intellectual property rights in and to the HTML, text, images audio, video, software or other content that is on or made available on these Websites, or has obtained the permission of the owner of the intellectual property to make it available on this Website. Eagle Brook Church strictly prohibits the redistribution or copying of any part of our Websites or content on our Websites without prior, specific written permission from an authorized representative of Eagle Brook Church. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions.

7. Linking Policy

You may link our content to your site or to a third party social media site via the linking tools available on our Websites for non-commercial, personal use on a single device (e.g., computer, tablet or mobile) only. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part or in any way to cause damage to our reputation or to infringe on any of the Marks. The content on our Websites may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, downloaded, or used in any way unless specifically authorized in advance and in writing by the Church. For clarity and without limiting the generality of the foregoing, you may not use any of the Church’s Marks, logos, trademarks or service marks, recordings or images contained on or available through this Website in your link. Using any of our Online Materials on any other website or networked computer environment is prohibited. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

If our Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

8. Submission of Suggestions and Ideas by You

You acknowledge and agree that any questions, comments, suggestions, ideas, information, images, feedback, or creative works (“Submission(s)”) that you provide to the Church by you are your own, no third party has any right, title, or interest in or to any Submission and the Submission is not subject to any confidentiality, nonuse, or other restrictive covenant, and will become the sole property of the Church. You agree that the Submission will constitute your assignment and transfer of all title, rights, and interests in and to the Submission to the Church and you warrant and represent the Church will then acquire and own exclusive rights, including all intellectual property rights, and will maintain unrestricted use and dissemination of Submissions for any lawful purpose, all without acknowledgement or compensation to you. 

9. Mobile Applications

From time to time we may at our sole discretion develop and provide mobile application updates, which may include upgrades, bug fixes, patches, other error corrections, deletions and new features. You agree that the Church has no obligation to provide any such updates. Based on your personal mobile settings, the mobile application may automatically download and install some or all of such available updates or you may receive notice of or be prompted to download and install such updates, but the Church does not monitor such downloads and installations and is not responsible for any failure of any such downloads to properly download and be installed.

You understand that your carrier’s normal rates and fees, such as text messaging and data charges will apply when using the mobile application.

10. Indemnification

You agree to defend, indemnify, and hold harmless the Church and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, members, representatives, and their respective successors and assigns from and against any and all causes of action, claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of our Websites, including, but not limited to, any use of our Websites’ content, services, and products other than as expressly authorized in these Terms of Use, any unauthorized use and all activities relating to, or conducted under your username and account, or your use of any information obtained from our Websites (collectively, “Claims”). You agree to use your best efforts to cooperate with us in the defense of any such Claims. We reserve the right to assume the exclusive defense and control of any Claims against you or use that is subject to indemnification by you. You agree that in the event of any unauthorized use of our Websites or any Materials of the persons and parties identified at the beginning of this paragraph shall be entitled to obtain injunctive relief, without the necessity to post bond, in addition to any other remedies available at law or in equity.

11. Disclaimer

You understand and agree that we cannot and do not guarantee, represent or warrant that files available for downloading from our Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Websites for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.  Without limiting the foregoing, you agree that any viewing or use of the Websites you make constitutes your waiver of any Claims.

YOUR ACCESSING OR USE OF THE WEBSITES, ANY OF THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN "AS IS", “WHERE IS” AND "AS AVAILABLE", AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WITHOUT LIMITING THE SCOPE OF THE FOREGOING:

NEITHER THE CHURCH NOR ANY PERSON ASSOCIATED WITH THE CHURCH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. NEITHER THE CHURCH NOR ANYONE ASSOCIATED WITH THE CHURCH REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

THE CHURCH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A GENERAL OR any PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Limits of Liability

IN NO EVENT WILL THE CHURCH, ITS MEMBERS, DIRECTORS, OFFICERS, OR OTHER REPRESENTATIVES AND ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, THE CHURCH WILL NOT BE RESPONSIBLE OR LIABLE FOR PAYING ANY OF YOUR ATTORNEY’S OR OTHER PROFESSIONAL’S COSTS AND FEES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

14. Governing Law and Geographical Restrictions

              14.1 Governing Law. All matters relating to our Websites and these Terms of Use and any dispute or Claims arising thereto (in each case, including non-contractual disputes or Claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota giving effect to any choice or conflict of law provision or rule whether of the State of Minnesota or any other jurisdiction.

              Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or our Websites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota, in each case located in or serving the County of Anoka. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.   

              14.2 Geographical Restrictions. Our Websites are controlled from offices within the United States. The Church makes no representation that content or materials in our Websites are appropriate or available for use in other jurisdictions. Access to our Websites’ content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access our Websites from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF MINNESOTA WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THE WEBSITES, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS.  YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF MINNESOTA IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.

15. Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and the Church with respect to our Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Website.

16. Waiver and Severability

No waiver or forbearance by the Church of any right, term or condition set out in these Terms of Use shall be deemed a further or continuing waiver or forbearance of such right, term or condition or a waiver of any other term or condition, and any failure of the Church to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

17. Contact Us

Our Websites are operated by Eagle Brook Church of White Bear Lake, MN, located at 7015 20th Ave Centerville, MN 55038.  Unless otherwise stated herein, all feedback, comments, requests for technical support and other communications relating to our Websites should be directed to us via email.

© 2019 Eagle Brook Church of White Bear Lake, Minnesota

All Rights Reserved