Terms of Service

1. Introduction

Welcome to CMO.Church (“we,” “us,” or “our”). These Terms of Service (“Terms” or “Agreement”) govern your access to and use of our services, including marketing strategy, fractional CMO services, lead generation, data processing, contact enrichment, calendar management, coaching, advisory services, free trainings, and related offerings (collectively, the “Services”). By accessing, using, or interacting with our Services, you (“User,” “you,” or “your”) agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference into this Agreement. If you do not agree to these Terms, you must discontinue your use of the Services immediately.

This Agreement forms a legally binding contract between you and CMO.Church. Please read these Terms carefully. By accepting these Terms, you also acknowledge and accept the Arbitration Agreement contained in Section 13, which waives your right to a jury trial and to participate in class actions.

2. Definitions

• Account: The account you create when you register to use our Services.
• Content: Any text, data, images, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and other materials provided through the Services.
• Data: Any information, including Personal Data, that you provide or that is collected from you in connection with your use of the Services.
• Personal Data: Any information relating to an identified or identifiable individual, as defined under applicable privacy laws.
• Sales Kick: The platform provider we use as a subcontractor for processing and enriching your data, operating solely on our behalf and under our control. Sales Kick is not a party to this Agreement.
• Third-Party Services: Any services or products provided by entities other than CMO.Church that are made available through our Services.

3. Acceptance of Terms

By accessing or using the Services, you affirm that you are at least 18 years of age, or the age of majority in your jurisdiction, and are capable of entering into a legally binding agreement. If you are using the Services on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

4. Modification of Terms

We reserve the right, at our sole discretion, to modify, update, or change these Terms at any time. Such changes will be effective upon posting the updated Terms on our website or platform. You should review these Terms regularly. Your continued use of the Services after any changes constitutes your acceptance of the revised Terms. If you do not agree to the new terms, you must stop using the Services immediately.

5. Services Overview

a. Description of Services

CMO.Church provides marketing strategy, fractional CMO services, lead generation, data processing, contact enrichment, calendar management, coaching, advisory services, and related marketing support. These Services are designed to help organizations that serve pastors grow their audiences, generate leads, lower their cost per lead, and build stronger marketing systems.

b. Third-Party Subcontractors

To enhance the functionality of our Services, we use the Sales Kick platform as a subcontractor to process and enrich your data. Sales Kick operates solely under our direction and is not a party to this Agreement. You will not interact directly with Sales Kick, and your data will be processed as part of our integrated service offering.

c. Service Availability

While we strive to ensure the continuous availability of our Services, we cannot guarantee that the Services will be uninterrupted or error-free. We reserve the right to modify, suspend, or discontinue any part of the Services at any time without notice.

6. User Obligations and Conduct

a. Compliance with Laws

You agree to comply with all applicable laws, regulations, and industry standards when using the Services, including privacy, data protection, intellectual property, and export control laws.

b. User Account Responsibilities

You agree to provide accurate, current, and complete information when creating your Account and to update that information as necessary. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must notify us immediately if you suspect any unauthorized use of your Account.

c. Prohibited Activities

You agree not to:

• Use the Services for any illegal, unauthorized, or prohibited purpose.
• Infringe the rights of others, including intellectual property rights.
• Interfere with or disrupt the Services, servers, or networks connected to the Services.
• Use automated means, including bots or scrapers, to access or collect data from the Services without our express permission.
• Impersonate any person or entity or misrepresent your affiliation with a person or entity.
• Use the Services to transmit malicious software, viruses, or other harmful code.
• Engage in any activity that could damage, disable, or impair the functioning of the Services.

7. Data Privacy and User Consent

a. Data Collection and Processing

We collect and process your Personal Data as part of providing the Services. This may include data you provide directly, data we collect automatically, and data we obtain from third-party sources. Your data may be enriched through Sales Kick, which processes your information on our behalf to enhance the accuracy, relevance, and utility of the Services we provide to you.

b. User Consent

By using our Services, you consent to:

• The collection, processing, and sharing of your data as described in these Terms and our Privacy Policy.
• The use of your data to improve, customize, and optimize the Services, including through data enrichment and calendar management.
• The sharing of your data with Sales Kick, our subcontractor, solely for the purpose of providing the Services.
• The transfer of your data to and from third-party service providers as necessary to deliver the Services.

By submitting an application to book a sales call, you provide written instructions authorizing CMO.Church and its affiliates to obtain your personal credit profile or other information from credit reporting agencies under the Fair Credit Reporting Act solely to conduct a credit pre-qualification. You understand that this is a soft pull and will not harm your credit.

c. Data Sharing and Disclosure

We may share your data with subcontractors, including Sales Kick, who assist us in providing the Services. These parties are bound by confidentiality and data protection obligations and will not use your data for any purpose other than to perform the Services on our behalf. We may also disclose your data to comply with legal obligations, such as in response to court orders, legal processes, or government requests.

d. Data Security

We implement reasonable security measures to protect your data from unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security. You are responsible for safeguarding the device and network through which you access the Services.

8. Intellectual Property Rights

a. Ownership

All intellectual property rights in the Services, including software, content, trademarks, and logos, are owned by CMO.Church or its licensors. Your use of the Services does not grant you any rights to our intellectual property except for the limited rights necessary to use the Services in accordance with these Terms.

b. License to Use the Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.

c. Restrictions

You may not:

• Copy, modify, distribute, sell, or lease any part of our Services or included software.
• Reverse engineer or attempt to extract the source code of any software used in the Services, except as expressly permitted by law.
• Use our intellectual property, including trademarks, logos, or content, without our express written consent.

9. Representations and Warranties

a. User Representations and Warranties

You represent and warrant that:

• You have the legal authority to enter into and comply with these Terms.
• All information you provide is accurate, complete, and current.
• You will comply with all applicable laws, regulations, and industry standards in your use of the Services.
• Your use of the Services does not and will not infringe the intellectual property, privacy, or other rights of any third party.
• You will not engage in harmful activities, including the transmission of viruses, malware, or other harmful code.

b. CMO.Church Representations and Warranties

CMO.Church represents and warrants that:

• We will comply with applicable laws, including data protection and privacy laws, in providing the Services.
• Our provision of the Services does not and will not conflict with another agreement or legal obligation to which we are subject.
• We will implement reasonable security measures to protect your data and require our subcontractors, including Sales Kick, to comply with applicable data protection obligations.
• We will make commercially reasonable efforts to ensure the continuous availability of the Services, subject to the limitations in these Terms.

c. Disclaimer of Warranties

Except as expressly provided in these Terms, the Services are provided “as-is” and “as-available” without any warranty of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, or warranties arising from course of dealing, course of performance, or usage in trade.

10. Limitation of Liability

a. Exclusion of Damages

To the fullest extent permitted by law, CMO.Church, Sales Kick, and their affiliates, officers, agents, employees, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or use, arising out of or related to your use of the Services, even if advised of the possibility of such damages.

b. Cap on Liability

In no event shall the total liability of CMO.Church, Sales Kick, and their affiliates to you for all claims arising out of or related to these Terms or your use of the Services exceed the amount you paid to us for the use of the Services in the 12 months preceding the claim.

c. No Liability for Third-Party Services

We are not responsible for Third-Party Services made available through the Services. Your use of Third-Party Services is at your own risk, and we make no representations or warranties regarding those services.

11. Indemnification

You agree to indemnify, defend, and hold harmless CMO.Church, Sales Kick, and their affiliates, officers, agents, employees, partners, and licensors from any claim, demand, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Services; your breach of these Terms or violation of applicable laws or the rights of a third party; claims that your use of the Services infringes a third party's intellectual property rights; or any data or content you provide or create through the Services.

12. Termination

a. Termination by You

You may terminate your use of the Services at any time by ceasing to use the Services and, if applicable, closing your Account.

b. Termination by Us

We reserve the right to suspend or terminate your access to the Services at any time, without notice or liability, for any reason, including if we believe you have violated these Terms or engaged in unlawful behavior.

c. Effects of Termination

Upon termination of your access to the Services, your right to use the Services will immediately cease. Provisions that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Dispute Resolution and Governing Law

a. Governing Law

These Terms and any disputes arising out of or related to them will be governed by the laws of the State of Oklahoma, without regard to its conflict of laws principles.

b. Arbitration Agreement

You and CMO.Church agree that any dispute, controversy, or claim arising out of or relating to these Terms, the Services, or any relationship between the parties, including claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved through binding arbitration administered by CMO.Church in Oklahoma.

The arbitration will be conducted by a single arbitrator with experience in resolving disputes related to the Services. The arbitrator's decision shall be final and binding on all parties. If the amount in controversy does not exceed $10,000, you may choose to have the arbitration conducted by telephone, video conference, or based solely on written submissions, subject to the discretion of the arbitrator.

The parties shall share the costs of arbitration, including arbitrator fees, equally, unless the arbitrator determines that this apportionment is not appropriate given the circumstances. Each party shall bear its own legal fees and expenses, unless the arbitrator awards legal fees and costs to the prevailing party under applicable law.

You agree that any arbitration or proceeding shall be conducted only on an individual basis and not as a class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding. If any portion of this Arbitration Agreement is found to be unenforceable, the remaining portions shall remain in full force and effect. However, if the class action waiver is found to be unenforceable, the entire Arbitration Agreement shall be null and void.

If this Arbitration Agreement does not apply to a dispute, you and CMO.Church agree that any non-arbitrable disputes shall be resolved exclusively in the state or federal courts located in Oklahoma, and you consent to venue and personal jurisdiction in those courts. Arbitration proceedings, documents, information exchanged between the parties, and any final arbitration award shall be confidential except as necessary to enforce or challenge an award in a court of law, or as required by law.

14. Miscellaneous

a. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CMO.Church concerning the Services and supersede any prior agreements, whether written or oral.

b. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

c. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of that term or any other term, and CMO.Church's failure to assert any right or provision shall not constitute a waiver of that right or provision.

d. Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

e. Force Majeure

We shall not be liable for any failure or delay in our performance under these Terms due to causes beyond our reasonable control, including acts of God, war, terrorism, strikes, supply chain disruptions, pandemics, power outages, or governmental restrictions.

f. Headings

The headings used in these Terms are for convenience only and have no legal or contractual effect.

g. Contact Information

For questions or concerns regarding these Terms, contact us at email@dillonmsmith.com or visit our Contact page.