IMPORTANT: This Subscription Agreement (this "Agreement") is a legal agreement between You (an
individual person, who will be referred to in this Agreement as "You" or "Subscriber")
and CSI Classic Sermon Index, LLC (referred to in this Agreement as "CSI") for use of the Index (as defined
herein) that accompanies this Agreement, which may include associated printed and/or electronic
documentation. READ THIS AGREEMENT CAREFULLY BEFORE USING THE INDEX. IT PROVIDES A LICENSE TO USE THE
INDEX AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS.
YOU WILL BE ASKED TO REVIEW AND EITHER ACCEPT OR NOT ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU
AGREE TO BE BOUND BY ALL TERMS OF THIS AGREEMENT, CLICK "CREATE ACCOUNT" AND PROCEED TO ACCESS THE INDEX.
IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT, CSI IS UNWILLING TO GRANT YOU
ANY RIGHTS TO USE THE INDEX, AND YOU MUST NOT ACCESS THE INDEX.
Use of the Index.
License. Subject to the terms of this Agreement, CSI hereby grants to Subscriber a
limited, revocable, non-exclusive, non-sublicensable, non-transferable right and license to use
the Index for Subscriber's internal use. "Index"
shall mean the CSI web-based index incorporating sermons, biographical information, historical
data and other information, commonly referred to as the "Classic Sermon Index."
User ID. Except with the prior written consent of CSI, access to the Index will be
limited solely to Subscriber. Subscriber will be assigned a unique account name and password by
CSI for access to and use of the Index ("User ID"). Subscriber shall not, under any
circumstances, share, distribute, or otherwise make his/her User ID available to any person or
entity. Subscriber may not use false identities or impersonate any other person, or use a User
ID that Subscriber is not authorized to use. Subscriber shall be solely responsible for ensuring
the security and confidentiality of his/her User ID. Subscriber acknowledges that he/she will be
fully responsible for any and all liability incurred through use of his/her User ID and that any
use of the Index under the User ID will be deemed to have been performed by Subscriber. CSI
shall have no responsibility for the consequences of unauthorized access to the Index that arise
from unauthorized disclosure of a User ID or password issued to or on behalf of Subscriber.
Subscriber shall notify CSI immediately of any suspected theft, loss or fraudulent use of
his/her User ID or password. Any fraudulent, abusive or otherwise illegal activity, or any
violation of this Agreement is grounds for termination of this Agreement by CSI in its sole
Subscriber Responsibilities. Under the terms of this Agreement, Subscriber shall not,
and shall not permit any third party to:
Transfer Subscriber's license to use the Index or sublicense or assign Subscriber's
license or rights under it;
Use, download, copy, screen scrape, duplicate or transfer the Index or parts of the
Index, except as expressly permitted under this Agreement;
Distribute, transmit, rent, sell, loan, lease, sublicense or otherwise deal in the Index
and/or any elements of the Index;
Alter, adapt, merge, modify, translate, or create derivative works of the Index or any
elements of the Index in any way, or for any purpose, other than with the prior written
consent of CSI;
Remove, change, or obscure any identification marks or notices of proprietary rights and
restrictions in the Index or any elements of the Index;
Use the Index in any manner that could damage, disable, overburden or impair any CSI
network or server or for any unlawful or unauthorized purpose;
Attempt to gain unauthorized access to other accounts, computer systems or networks
connected to any CSI server or to any of the Index through hacking, password mining or
any other means; or
Redistribute, copy, reproduce or disseminate to any person any information or content
included in the Index, or part thereof, including without limitation the Third-Party
Content, without CSI's prior written consent; or
Disassemble or decompile the Index, except as expressly provided hereunder, or enable
any service bureau use of the Index by any third party.
Ownership. The Index is proprietary to CSI and/or its licensors. The Index is licensed
pursuant to the terms of this Agreement and not sold. All rights, title and interest in and to
the Index and all copyright, trade secret rights, patents, trademarks and any other intellectual
property or proprietary rights in and to the Index shall at all times remain the exclusive
property of CSI and/or its licensors. All rights not expressly granted under this Agreement are
reserved by CSI.
Certain Third-Party Terms. The Index may include content that may be supplied by
companies that are not affiliated with CSI ("Third-Party Content").
Third-Party Content may be available through several locations in the Index, including without
limitation, framed areas, through hyperlinks to third-party websites, or published or provided
through the Index. The Third-Party Content may be protected by copyright or other intellectual
property laws. Subscriber acknowledges that information, content, materials, products, and/or
Third-Party Content made available through the Index are subject to change at any time and
without notice. YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT ONLY GOVERNS YOUR RELATIONSHIP
WITH CSI, AND UNLESS EXPRESSLY SET FORTH HEREIN, DOES NOT AFFECT YOUR LEGAL RELATIONSHIP WITH
ANY SUCH THIRD-PARTY CONTENT PROVIDERS. YOU UNDERSTAND AND AGREE THAT CSI PROVIDES NO WARRANTIES
OF ANY KIND WITH REGARD TO THIRD-PARTY CONTENT, AND THAT YOU BEAR ALL RISK ASSOCIATED WITH USE
OF OR RELIANCE UPON THIRD-PARTY CONTENT.
Documentation. Any documentation that accompanies the Index, whether in printed,
electronic, or any other form, is subject to the license set forth in Section 1(a), and is
subject to all of the terms of this Agreement.
Availability. The Index is available to anyone with Internet access. However, the Index
may not be continuously available due to maintenance or repairs or due to computer problems or
crashes, disruption in Internet service or other unforeseen circumstances. The content of the
Index is intended for use and display only where its use and display are permissible in
accordance with applicable laws and regulations.
Feedback. CSI may provide You with a mechanism to provide feedback, suggestions, and
ideas about the Index ("Feedback") if You
choose. You agree that CSI may, in its sole discretion, use the Feedback that You provide to CSI
in any way, including in future modifications of the Index or in other CSI products or services.
You hereby grant CSI a perpetual, worldwide, fully transferable, irrevocable, royalty-free
license to use, modify, create derivative works from, distribute, and display any information
that You provide to CSI in the Feedback.
Subscription Fees and Term.
Monthly Subscription. If Subscriber has elected to subscribe to and use the Index
on a monthly basis by selecting the monthly subscription option (a) this Agreement shall
commence as of the date You accept and agree to be bound by all terms of this Agreement by
clicking "I Agree" and shall remain in effect for thirty (30) days, and shall be
automatically renewed thereafter for subsequent renewal terms of thirty (30) days each (each
thirty (30) day initial or renewal term, a "Monthly Term") unless You cancel this Agreement
prior to the end of the then current Monthly Term; and (b) Subscriber shall pay to CSI a
non-refundable fee of $6.95 per Monthly Term; provided, that during the first Monthly Term
under this Agreement, Subscriber shall receive a thirty (30) day trial at no charge.
Annual Subscription. If Subscriber has elected to subscribe to and use the Index on
an annual basis by selecting the annual subscription option (a) this Agreement shall
commence as of the date You accept and agree to be bound by all terms of this Agreement by
clicking "I Agree" and shall remain in effect for a period of one (1) year thereafter; and
(b) Subscriber shall pay to CSI a non-refundable fee of $69.95. Subscriber shall receive
instructions on renewal of the subscription in the expiration notice provided by CSI to the
email address associated with Your User ID and account.
Taxes. Unless Subscriber provides CSI with a valid tax exemption or direct pay
certificate, Subscriber is responsible for all taxes, duties and customs fees relating to
the Index, excluding taxes based on the net income of CSI.
Termination. This Agreement and the license granted hereunder may be terminated by
CSI without notice if Subscriber fails to comply with any terms of this Agreement.
Survival. Notwithstanding any termination of this Agreement, the following
provisions shall survive: Sections 1, 3, 4, 5, 6 and 7.
Disclaimer of Warranties.
Disclaimer. CSI IS PROVIDING THE INDEX TO YOU "AS IS." CSI AND CSI'S LICENSORS MAKE NO
WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE INDEX. CSI
EXPRESSLY AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, RESULTS, AND NONINFRINGEMENT WITH RESPECT TO THE INDEX AND WITH RESPECT TO
THE USE OF THE INDEX. CSI MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (I)
THE INDEX OR ANY THIRD-PARTY CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (II) THE CONTENT OF THE INDEX OR THE
THIRD-PARTY CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE; (III) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE INDEX OR THE THIRD-PARTY CONTENT WILL BE ACCURATE OR
RELIABLE; (IV) THE QUALITY OF THE INDEX OR ANY THIRD-PARTY CONTENT, INFORMATION, OR OTHER
MATERIAL OBTAINED BY YOU THROUGH THE INDEX WILL MEET YOUR EXPECTATIONS; OR (V) THAT DEFECTS, IF
ANY, WILL BE CORRECTED.
No Other Warranty. No employee, agent, representative or affiliate of CSI has authority
to bind CSI to any oral representations or warranty concerning the Index. Any written
representation or warranty not expressly contained in this Agreement will not be enforceable.
Limitation of Liability. NOTWITHSTANDING ANY
DAMAGES THAT YOU MAY INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES
REFERENCED HEREIN, AND ALL DIRECT OR GENERAL DAMAGES ARISING OUT OF CONTRACT, NEGLIENCE, OR ANY
OTHER LEGAL OR EQUITABLE THEORY), THE ENTIRE LIABILITY OF CSI AND ANY OF ITS LICENSORS UNDER ANY
PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE FEES PAID BY
SUBSCRIBER TO CSI IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT WHICH CAUSED DAMAGES. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, CSI SHALL NOT BE LIABLE, UNDER CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY OF THE FOLLOWING, HOWEVER CAUSED AND WHETHER
ARISING UNDER CONTRACT, TORT, OR OTHERWISE:
LOSS OF USE;
LOSS OR DAMAGE TO OR CORRUPTION OF DATA;
THE UNAUTHORIZED DISCLOSURE OF SENSITIVE, VALUABLE, OR CONFIDENTIAL INFORMATION
LOSS ATTRIBUTABLE TO YOUR FAILURE TO MAKE AND RETAIN REASONABLE BACK-UPS OF YOUR DATA; AND
ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM THE INDEX,
AND/OR ANY THIRD PARTY CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IF ANY EXCLUSION,
DISCLAIMER OR OTHER PROVISION CONTAINED IN THIS AGREEMENT IS HELD TO BE INVALID FOR ANY REASON BY A
COURT OF COMPETENT JURISDICTION AND CSI BECOMES LIABLE THEREBY FOR LOSS OR DAMAGE THAT COULD
OTHERWISE BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE
AMOUNT ACTUALLY PAID FOR SUBSCRIBER'S USE OF THE INDEX.
Indemnification. Subscriber shall defend (at CSI's
election), indemnify and hold CSI and its officers, directors, employees, licensors, representatives and/or
agents harmless at all times from and against any and all claims, demands, actions, proceedings, damages,
losses, liabilities, costs, and/or expenses (including without limitation, reasonable attorneys' fees) in
connection with or as a result of any claim that arises from any breach of this Agreement by Subscriber. CSI
will provide Subscriber with prompt written notice of any such claim, demand, action or proceeding to which
the foregoing indemnity relates, and CSI will have the right to participate in the defense thereof at CSI's
Severability. If a court of competent jurisdiction finds any provision of this Agreement
invalid or unenforceable, that provision of the Agreement will be amended to achieve as nearly as
possible the intent of the parties, and the remainder of this Agreement will remain in full force and
Governing Law; Venue. This Agreement shall be construed and interpreted in accordance with the
domestic laws of the state of Tennessee, excluding any choice of law rules. Unless the parties agree in
writing to mediate or arbitrate a dispute, all disputes arising out of this Agreement will be subject to
the sole and exclusive jurisdiction of the state and federal courts with applicable jurisdiction located
in Nashville, Tennessee, and each Party hereby consents to the personal jurisdiction thereof. EACH PARTY
HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY DISPUTE, SUIT, ACTION OR PROCEEDING ARISING
OUT OF OR RELATING TO THIS AGREEMENT OR OTHERWISE RELATING TO THE RELATIONSHIP OF THE PARTIES, WHETHER
IN CONTRACT, TORT OR OTHERWISE.
No Waiver. No modification, amendment or waiver of any provision of this Agreement shall be
effective unless in writing and signed by the Party to be charged. The failure of CSI to enforce at any
time the provisions of this Agreement shall in no way constitute a present or future waiver of such
provisions, nor shall it in any way affect the right of CSI to enforce each and every such provision
No Assignment. Subscriber may not sell, assign, sublicense, encumber or otherwise transfer this
Agreement, the license granted hereunder, or any rights in and to any of the foregoing, directly or
indirectly. Any attempt by Subscriber to assign its rights or obligations under this Agreement in
violation of this Section shall be void and of no effect. CSI may assign its interests under this
Agreement without notice to Subscriber. This Agreement shall be binding upon and inure to the benefit of
CSI and Subscriber and their successors and permitted
Limitation of Claims. Any claim or cause of action arising out of Your use of the Index or this
Agreement must be filed within one year after such claim or cause of action arose or it shall forever be
barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any
failure by CSI to enforce or exercise any provision of this Agreement or related right shall not
constitute a waiver of that right or provision.
Export Controls. The Index provided in connection with this Agreement is for use in the United
States only, unless Subscriber and CSI have expressly agreed otherwise. Subscriber will not export,
access, or send the Index or any software provided therein or any portion or aspect thereof to any other
country or territory.
Entire Agreement. With respect to the subject matter hereof, this Agreement contains the entire
agreement between the parties, and this Agreement supersedes all prior written and oral and all
contemporaneous oral agreements and understandings between CSI and Subscriber.