Terms of Use

Introduction

These terms of use (“Terms”) govern your use of Experience.FellowshipOne.com, an online community forum for sharing information, product announcements, and posting requests for feature proposals, together with its associated community of customers, developers, partners and users. Among other things, Experience.FellowshipOne.com allows you to post, comment on, review and vote on prospective features that integrate with the Fellowship One® product.

These Terms are not intended to answer every question or address every issue raised by the use of Experience.FellowshipOne.com, and Fellowship Technologies reserves the right to modify them at any time, effective upon the posting of modified Terms. We believe the Experience.FellowshipOne.com will evolve over time in ways we cannot predict. You are encouraged to review these Terms from time to time to keep apprised of any changes, and you agree to abide by these Terms as they may be modified. Any violation of these Terms may result in the suspension or termination of your ability to use Experience.FellowshipOne.com or otherwise participate in the Experience.FellowshipOne.com community.

Some of these terms govern the behavior of creators of Experience.FellowshipOne.com feature proposals, some govern the behavior of reviewers of Experience.FellowshipOne.com feature proposals, and some are applicable to all. We urge you to read these Terms in their entirety to gain a more complete understanding of the details of the use policies, limitations and risks.

Content of Messages and Content Submission

You alone are responsible for the content of your messages, and the consequences of any such messages. Fellowship Technologies reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the guidelines.

Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Experience.FellowshipOne.com is to be used by you for your personal use only. Commercial uses of Experience.FellowshipOne.com are strictly prohibited unless prior written consent from Fellowship Technologies has been granted. You agree that you will not use Experience.FellowshipOne.com for chain letters, junk mail, 'spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.

You further agree not to use Experience.FellowshipOne.com to send or post on message boards or any place on Experience.FellowshipOne.com, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. Fellowship Technologies reserves the right to delete any such material from Experience.FellowshipOne.com within its sole discretion.

If Fellowship Technologies becomes aware of a member harassing, stalking, or defaming another member on this or any other website or privately, Fellowship Technologies reserves the right to immediately terminate the membership of that member and take other actions it deems appropriate. If Fellowship Technologies chooses NOT to take action, in the case of this or another violation of the Terms of Service, that shall not be viewed as a waiver of our rights to take action in the future, and we shall have no liability for our inaction. Fellowship Technologies will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service.

"Flaming" of other members is not permitted in posts. We expect that members are polite to one another, even when in disagreement. Members who post derogatory comments about competing websites or forums on Experience.FellowshipOne.com will also be subject to having their comments deleted and their membership revoked.

You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Fellowship Technologies. You further agree not to use an inappropriate member name. An inappropriate member name includes but is not limited to use of vulgar or obscene language, a term which denigrates, mocks, or harasses another user, an actual name of an individual, an attempt to sell or promote a product or service, or a reference to illegal or inappropriate activity. These guidelines also apply to signatures and avatars.

You agree not to post or use Experience.FellowshipOne.com to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

Fellowship Technologies reserves the right to terminate accounts created through use of proxy servers and disguised IP signatures which appear to be for the purpose of disguising identity or creating multiple accounts for the same user, even if no other infraction appears to have been committed. We recognize that many ISPs such as AOL do use proxy servers - this provision is intended for those accounts which are set up in such a way as to disguise identity and promote fraud or illegal activity using proxys known to be assumed for this purpose. Any user found creating multiple accounts for any purpose will be subject to termination.

Posting of Feature Proposals

You are encouraged to submit feature proposals to Fellowship Technologies for review and possible posting on the Experience.FellowshipOne.com. Details regarding how to submit feature proposals for review can be found in the FAQ. Fellowship Technologies reserves the right, in its sole discretion and for any reason at any time, to refuse to post, or to suspend or remove, any feature proposal on Experience.FellowshipOne.com.

As used in this section entitled “Posting of Feature proposals,” “you” or “your” shall include the company, church, or other entity with which you are employed or otherwise affiliated, to the extent such entity owns or otherwise has rights in the feature proposal you are submitting for posting. You represent that you are authorized by your company or church to submit your feature proposal for posting.

In consideration for Fellowship Technologies permitting you to post your feature proposal on the Experience.FellowshipOne.com (whether the feature proposal is adopted), you agree to the following:

  • You represent and warrant that you own or otherwise possess all intellectual property and other rights necessary to allow you to post your feature proposal on, and distribute it through, Experience.FellowshipOne.com and to permit others to install and use your feature proposal.
  • You acknowledge that, to the best of your knowledge and belief, your submissions of feature proposals on Experience.FellowshipOne.com do not make you a contributing inventor to any inventions that may arise during development by Fellowship Technologies of any products, services or applications implementing your feature proposals. Your preceding acknowledgement notwithstanding, in the event that you are determined to be a contributing inventor to an invention based upon your postings on Experience.FellowshipOne.com, by Fellowship Technologies in its own discretion or by any court or government agency competent to make such a determination, you promise to: (a) cooperate with Fellowship Technologies in procuring patents to protect the invention; (b) execute all necessary paperwork required to procure patents to the invention on Fellowship Technologies’ behalf; and (c) at Fellowship Technologies’ request execute any assignments assigning ownership of any patents or patent applications to the invention to Fellowship Technologies.
  • You acknowledge that Fellowship Technologies may, at its sole discretion, elect to develop and market products, services or applications incorporate feature proposals that you submit on Experience.FellowshipOne.com, and you agree not to make any claims against Fellowship Technologies or anyone using a product or service marketed by Fellowship Technologies related to the development and offering of such products, services or applications whether your feature proposals are adopted, not adopted or adopted but modified in any product, service or application.
  • You waive any intellectual property or other claims you may have now or in the future against Fellowship Technologies or anyone using a product or service marketed by Fellowship Technologies relating to the operation of Experience.FellowshipOne.com, the hosting by Fellowship Technologies of other parties' feature proposals on Experience.FellowshipOne.com, and the hosting by Fellowship Technologies of user reviews.
  • To the extent you possess now or in the future any copyright, patent or other intellectual property rights that may be infringed by the operation of Experience.FellowshipOne.com itself (excluding the content of individual feature proposals), you hereby grant to Fellowship Technologies a nonexclusive, worldwide, irrevocable, perpetual, transferable (only to a successor of Fellowship Technologies by way of merger, acquisition or corporate reorganization), fully paid-up, royalty-free sub-licensable license to all such rights with respect to the operation of Experience.FellowshipOne.com as it may be modified from time to time.
  • You acknowledge that anything (i.e., reviews, opinions or even predictions) posted on Experience.FellowshipOne.com by any person, regardless of that person’s affiliation or non-affiliation with Fellowship Technologies, reflects only the opinions of the person making the post. In particular, you acknowledge that nothing posted on Experience.FellowshipOne.com gives rise in any way to a promise or undertaking by Fellowship Technologies to adopt, or refrain from adopting, any feature proposal or course of action regarding any feature proposal and that any reliance upon such postings is solely at your own risk.

Reviews

Experience.FellowshipOne.com allows you to post reviews of feature proposals you have read. In order for reviews to be useful to other users, they must be made in good faith after reasonable evaluation of the full feature proposal. Accordingly:

  • You may post only one review per feature proposal, unless the subsequent review reflects a good faith rating change based on further evaluation.
  • If you post a review of your own feature proposal, you must disclose your affiliation.
  • If you post a review of a competitor's feature proposal, you must disclose your affiliation.

Fellowship Technologies reserves the right, in its sole discretion and for any reason at any time, to remove or edit any review on Experience.FellowshipOne.com.

Content unrelated to a review of the relevant feature proposal – for example, discussing the employees, business or stock of Fellowship Technologies or other companies, or unrelated products or services – is prohibited. In addition, reviews may not contain content that:

  • is inconsistent with the permissible uses contemplated by these Terms;
  • is harmful, threatening, abusive, insulting, harassing, defamatory, libelous, profane, sexually explicit, obscene, or otherwise offensive or objectionable;
  • is false, fraudulent or misleading;
  • violates applicable law, including any privacy, intellectual property or other rights of a third party, or suggests or encourages unlawful activity;
  • constitutes advertising or any other form of commercial solicitation; or
  • impersonates any other person or entity, including a Fellowship Technologies employee.

Posting of hypertext links to third-party sites is discouraged, unless relevant to the review (for example, a link to a publication containing a review of the relevant feature proposal).

Fellowship Technologies does not claim ownership of the content of reviews you post on Experience.FellowshipOne.com. However, with respect to all such content, you hereby grant Fellowship Technologies a nonexclusive, worldwide, irrevocable, perpetual, transferable (only to a successor of Fellowship Technologies by way of merger, acquisition or corporate reorganization), fully paid-up, royalty-free sub-licensable license to use, distribute, reproduce, modify, excerpt, attribute, adapt, publicly perform and publicly display such content (in whole or in part) and to incorporate such content into other works in any format or medium now known or later developed and to permit others to do so.

Business Listings, Advertisers and Other Websites

Businesses, advertisers, products and websites may be promoted at Experience.FellowshipOne.com, yet their exposure on Experience.FellowshipOne.com does not constitute endorsement or advocacy by Fellowship Technologies. Please consult with the Chamber of Commerce, the Better Business Bureau and accrediting sources if you wish to check the credibility of these organizations. Fellowship Technologies will not be responsible for any damages that result from using the services or products promoted on Experience.FellowshipOne.com. Experience.FellowshipOne.com provides many links to other web sites and it is impossible for us to constantly monitor what is on each of the sites to which we link. Fellowship Technologies is not liable for any damages that result from following any of the links provided at Experience.FellowshipOne.com.

Trademarks

Fellowship Technologies, Fellowship One, Experience.FellowshipOne.com and other marks of Fellowship Technologies used on the Experience.FellowshipOne.com site are owned by Fellowship Technologies and may not be used in any manner without Fellowship Technologies’ express prior written consent.

Enforcement

Fellowship Technologies generally does not pre-screen, verify, edit or moderate the content of reviews posted by users in Experience.FellowshipOne.com but may do so from time to time in its sole discretion. Fellowship Technologies and its agents reserve the right to investigate any violation of these Terms and to take appropriate remedial action. Fellowship Technologies has absolute discretion to enforce these Terms, including, but not limited to, warning users of violations, disabling or suspending privileges and/or access, deleting, screening or editing any content, or prohibiting any behavior that does not comply with these Terms, or which is otherwise inappropriate, harmful, objectionable or inaccurate.

Fellowship Technologies may release information concerning your use of the Experience.FellowshipOne.com (including posted content, registration information, and network records) when it believes release is appropriate to comply with the law (e.g., pursuant to a subpoena, warrant or court order); to enforce or apply these Terms; to protect Fellowship Technologies’ rights or property; to protect against fraudulent, abusive or unlawful use of Experience.FellowshipOne.com; or if Fellowship Technologies reasonably believes that a situation involving imminent danger of death or serious bodily injury to any person requires disclosure.

Deliberate attempts by you or someone on your behalf to evade or circumvent the suspension or termination of your rights to use Experience.FellowshipOne.com violates these Terms, constitutes an unlawful trespass to Fellowship Technologies’ equipment and systems, and may result in legal action.

To report violations of these Terms, please email legal@fellowshiptech.com with appropriate details, including your contact information.

Disclaimer of Warranties; Limitation of Liability

Many of the feature proposals and much of the content posted on Experience.FellowshipOne.com are provided by third parties like you. Each third-party content is the sole responsibility of the originator of that content. Fellowship Technologies is not responsible for any third-party content, whether or not it reviewed or moderated such content. You agree to indemnify and hold Fellowship Technologies and its subsidiaries, affiliates, officers, agents, and employees harmless from any claim, including reasonable attorneys fees, made by any third party arising out of feature proposals or content you submit to or post on Experience.FellowshipOne.com, your use of Experience.FellowshipOne.com, your violation of these Terms, or your violation of any rights of a third party.

You agree that you bear all risks associated with using or relying upon feature proposals and content on Experience.FellowshipOne.com. Fellowship Technologies does not in any way warrant the accuracy, reliability, completeness, usefulness, non-infringement, or quality of any feature proposals or content on Experience.FellowshipOne.com, regardless of who originated that content (including Fellowship Technologies employees, partners, affiliates or moderators), and hereby disclaims all express and implied warranties, including any implied warranties of merchantability or fitness for a particular purpose, relating to such feature proposals or content. Fellowship Technologies shall not be liable or responsible in any way for any losses or damage of any kind, including lost profits or other indirect or consequential damages, relating to your use of or reliance upon any feature proposals or content on Experience.FellowshipOne.com.

General

These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between you and Fellowship Technologies. You may not assign your rights or obligations under these Terms, whether by operation of law or otherwise, without Fellowship Technologies’ prior written consent. These Terms will be governed exclusively by the internal laws of the State of Texas. You and Fellowship Technologies both consent to the exclusive jurisdiction of such courts. These Terms constitute the entire agreement between you and Fellowship Technologies, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.

Questions and Comments

If you have questions or comments about these Terms or Experience.FellowshipOne.com in general, please refer to the FAQ or contact Fellowship Technologies via the “Contact” link on the home page.

Copyright 2007 Fellowship Technologies, LP. All rights reserved. Effective November 2007.