If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with Battle Plan, LLC (except for matters that may be taken to small claims court).
Membership, Free Trials, Billing and Cancellation
- Ongoing Membership. Your Benevolence Tracker membership, which may start with a free trial, will continue year-to-year unless and until you cancel your membership or we terminate it. You may cancel your Benevolence Tracker membership by visiting Your Account and adjusting your membership settings. If you cancel before converting from a free trial to a paid membership, we will refund your full membership fee. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Benevolence Tracker service. We will bill the membership fee month-to-month to your Payment Method. You must cancel your membership before it renews each year in order to avoid beginning the next year’s membership billing cycle.
- Your Benevolence Tracker membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. Free trials are for new and certain former members only. Benevolence Tracker reserves the right, in its absolute discretion, to determine your free trial eligibility.
- We will begin billing your Payment Method for monthly installments of the membership fee at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly charges and end date of your free trial period, visit our website and click the "Your Account" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register.
- You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. CLICK THE "YOUR ACCOUNT" LINK AT THE TOP OF ANY Benevolence Tracker WEB PAGE TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee.
- Recurring Billing. By starting your Benevolence Tracker membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Benevolence Tracker service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
- No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current membership period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the Benevolence Tracker website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
- Cancellation. You may cancel your Benevolence Tracker membership at any time, and you will continue to have access to the Benevolence Tracker service through the end of your committed membership period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIALMEMBERSHIP PERIODS OR ANY UNUSED SERVICE WE PROVIDE. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current membership period. To see when your account will close, click "View billing details" on the "Your Account" page.
Benevolence Tracker Service
- You must be 18 years of age, or the age of majority in your province, territory or country, and in a leadership position at a religious or charitable organization to become a member of the Benevolence Tracker service.
- The Benevolence Tracker service, and any content viewed through our service, are for your ministry and non-commercial use only. During your Benevolence Tracker membership, we grant you a limited, non-exclusive, non-transferable, license to access the Benevolence Tracker service and view information through the service on a ministry-only basis for that purpose.
- You may use the Benevolence Tracker service primarily within the country in which you have established your account and only in locations where we offer our service.
- We continually update the Benevolence Tracker service. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
- Benevolence Tracker software is developed by, or for, Battle Plan, LLC and is designed to enable content from Benevolence Tracker through Benevolence Tracker ready devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF BENEVOLENCE TRACKER. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Benevolence Tracker service.
Passwords & Account Access
- The member who created the Benevolence Tracker account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Benevolence Tracker account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Benevolence Tracker Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
- In order to provide you with ease of access to your account and to help administer the Benevolence Tracker service, Battle Plan, LLC implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account.
- You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Benevolence Tracker website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Battle Plan, LLC reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Battle Plan, LLC is not obligated to credit or discount a membership for holds placed on the account by either a representative of Battle Plan, LLC or by the automated processes of Benevolence Tracker.
Disclaimers of Warranties and Limitations on Liability
- THE BENEVOLENCE TRACKER SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE BENEVOLENCE TRACKER SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. BATTLE PLAN, LLC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE BENEVOLENCE TRACKER SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. BATTL PLAN, LLC SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, BENEVOLENCE TRACKER READY DEVICES, AND BENEVOLENCE TRACKER SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
- TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL BATTLE PLAN, LLC, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
- Copyright. The Benevolence Tracker service, including all content provided on the Benevolence Tracker service, is protected by copyright, trade secret or other intellectual property laws and treaties.
- Trademarks. Benevolence Tracker is a registered trademark of Battle Plan, LLC.
- Patents. Battle Plan, LLC has patents pending that apply to our service.
- Claims of Copyright Infringement. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Benevolence Tracker service, please notify us by completing the Contact Us form at www.battleplan.org.
- You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
- Use of Information Submitted. Battle Plan, LLC is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Benevolence Tracker service, including the Benevolence Tracker and Battle Plan, LLC websites and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Benevolence Tracker service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note Battle Plan, LLC does not accept unsolicited materials or ideas, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Battle Plan, LLC. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Battle Plan, LLC and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
- If you elect to seek arbitration or file a small claim court action, you must first send to Battle Plan, LLC, by certified mail, a written Notice of your claim ("Notice"). If Battle Plan, LLC initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Battle Plan, LLC, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Battle Plan, LLC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Benevolence Tracker may commence an arbitration proceeding or file a claim in small claims court.
- You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Battle Plan, LLC receives notice at the Notice Address that you have commenced arbitration, Battle Plan, LLC will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US $1,000, in which event you will be responsible for filing fees.
- The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Benevolence Tracker and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
- If your claim is for US$1,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$1,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Battle Plan, LLC’s last written settlement offer made before an arbitrator was selected (or if Battle Plan, LLC did not make a settlement offer before an arbitrator was selected), then Battle Plan, LLC will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
- YOU AND BATTLE PLAN, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Battle Plan, LLC agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Last updated: February 21,2016