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Who In The Church? Terms of Service

The Who In The Church? website and services are provided by Who In The Church?, LLC (“Who In The Church?”). These terms of service (“Terms of Service”) govern your (“Your” or “You”) access to and use of the services and features available on Who In The Church?’s website located at www.WhoInTheChurch?.com and all related sub-domains, tools, and services or through downloadable applications that Who In The Church?? makes available (“Website”) to You, including without limitation Who In The Church?’s platform for connecting homeowners and customers with Christian businesses and service providers (collectively, “Services”). These Terms of Service incorporate by reference, the Privacy Policy. Access to the Website, use of Services, and referrals to Customers or Contractors are subject to these Terms of Service and the Who In The Church? Privacy Policy.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND WHO IN THE CHURCH?. FURTHER, THESE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND WHO IN THE CHURCH? ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL CHRISTIAN ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE CHRISTIAN ARBITRATION SECTION (SEE “AGREEMENT TO ARBITRATE”).

1. Overview
Who In The Church? is an online marketplace which is designed to enable connections between individuals or companies seeking business-related services (“Customers”) through the completion of specific Work, repairs, or services (“Work”) and businesses, service providers, or contractors that are Christian owned and run, and which have also confirmed that they are operated in compliance with a statement of faith (“Contractors”), as specified by Who In The Church? from time to time. The Contractors make available their professional skills in the completion of Work, as requested by Customers, in exchange for reasonable compensation upon the completion, to the extent agreed upon by Contractors and Customers, as discussed below. Customers and Contractors together are collectively referred to as "Users" and each individually as a “User.”

The Work completed by Contractors may include without limitation home repair and contracting services, professional services, financial and banking services, real estate professionals, insurance providers, sales of goods, medical care providers, food preparation and service establishments, or other business and personal related service providers. Each User may receive ratings from other Users with whom such User transacts business, based on parameters specific to their role as either Contractor or Customer. Who In The Church? provides Customers with a curated and vetted inventory of available Contractors, along with each Contractor’s relevant qualifications and any information listed in the Contractor’s Profile (as defined below), including without limitation the Contractor’s statement of faith, church information, geographical location, a list of any certificates of training or professional achievements, a list previously completed Work for Who In The Church? Customers, and ratings from other Customers regarding previous Work.

A Customer may submit a request for particular Work to Who In The Church?, free of charge, through the Website (“Request”). When Who In The Church? receives such a Request from a Customer, Who In The Church? shall curate available Contactor Profiles to find a suitable match based on the type of Work requested, as well as Contractor availability and expertise. Customer may view a portion or all of the Profile, as determined by Who In The Church?, of potential Contractors and request access to the Contractors’ Ratings, User Information, and Background Check information, excluding credit checks, without additional charge to Customer. Similarly, Contractors may view the Profiles of potential Customers for which they may perform Work, along with the Customer’s Ratings and User Information, without charge.

2. Acceptance of Terms
These Terms of Service are effective as of September 01, 2014 (“Effective Date”). Your continued use of the Website after the Effective Date constitutes Your unconditional agreement to the Terms of Service and Who In The Church?’s Privacy Policy regarding the Services provided by Who In The Church? and use of the Website. Who In The Church? reserves the right to update or modify these Terms of Service at any time by providing notice on the Website, and Your use of this Website following any such change constitutes Your agreement to the revised Terms of Service from and after that date. Your use of the Website after the Effective Date also constitutes Your unconditional agreement to the form of services agreement (“Form Services Agreement”) available on the Website at the time that the Customer and Contractor agree to commence Work, provided that Customer and Contractor may negotiate for an alternative written agreement (“Alternate Agreement”) that is mutually agreed upon and set forth in writing, in which case the Form Services Agreement shall not govern such relationship between Contractor and Customer for the purposes of such Work and the Alternate Agreement shall instead govern. In the absence of an Alternate Agreement, You, as a Customer or Contractor, as applicable, agree and acknowledge acceptance of the Form Services Agreement and all of the terms and conditions set forth therein. The Form Services Agreement or Alternative Agreement shall be solely between You and the applicable third party Customer or Contractor; Who In The Church? is not a party to the Form Services Agreement nor any Alternate Agreement, and disclaims any responsibility or liability for performance by any party to the agreement.

3. Scope of Services
Who In The Church? maintains the Website as a service to its visitors, subject to these Terms of Service. You are responsible for obtaining any equipment and Internet service necessary to access the Website and for paying any fees for the equipment and services You select. Who In The Church? may alter, suspend or discontinue this Website or the Services provided herein, in whole or in part, at any time and for any reason, without providing notice to You. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. Who In The Church? may provide access to third party services and products, or to Who In The Church?’s products or services, from time to time, through the Website. You acknowledge that the Website is evolving and that the form and nature of the Website, including the Services accessible via the Website, may change from time to time without notice to You.

Who In The Church? is a communications platform for enabling connections between Customers and Contractors for the completion of short-term business Work. Upon receiving a Customer request for Work through the Website, Who In The Church? will review available Contractors to select several Contractors with qualifications that match the Work requested. In making this determination, Who In The Church? will use good faith efforts to match Customers to Contractors. In the event that Customer indicates that Customer would prefer other Contractors, Who In The Church? shall provide information about additional Contractors; Who In The Church? will accommodate a reasonable number of such requests from Customer, but no more requests than would exhaust the supply of qualified potential Contractors. Who In The Church? disclaims any responsibility for selecting particular Contractors to perform Services and Customer understands and agrees that the decision to use any Contractor or no Contractor is solely Customer’s. Who In The Church? disclaims all responsibility for the accuracy of any information listed in a Contractor’s Profile, for any information or material circumstances that may have changed since Who In The Church? conducted Background Checks in the event that Who In The Church? did so, for the inaccuracy or incompleteness of any Background Checks that Who In The Church? conducts, for Who In The Church?’s failure to conduct Background Checks, and for any Profile information upon which Who In The Church? may rely in matching Customers to Contractors. Customer agrees and acknowledges that Customer has no obligation to choose Contractors to perform Work, and that Customer’s decision to contract with a Contractor is solely at Customer’s own risk.

Except to the extent, if any, that Who In The Church? serves as a communications platform between Customers and Contractors, and that Who In The Church? suggests potential Contractors to Customers for the performance of Work, Who In The Church? does not take part in the interaction between Customers and Contractors. Who In The Church? does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Project delivered by Contractors, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. Who In The Church? makes no representations or warranties about the suitability, reliability, timeliness, or accuracy of the Work requested and provided by Users identified through Who In The Church? whether in public, private or offline interactions. Who In The Church? cannot confirm that Users are who they claim to be. Who In The Church? does not assume any responsibility for the accuracy or reliability of this information or any information exchanged between Users through Who In The Church?.

WHILE WHO IN THE CHURCH? USES GOOD FAITH EFFORTS TO CONFIRM THAT EACH CONTRACTOR ON WHO IN THE CHURCH?’S WEBSITE IS A LEGITIMATE CHRISTIAN BUSINESS OWNER OR SERVICE PROVIDER and that each customer has a genuine need for the business work such Customer requests, Who In The Church? is NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING THE TRUSTWORTHINESS OR SKILL OF CONTRACTORS OR CUSTOMERS AND THE INFORMATION THEY PROVIDE. When interacting with other Users you should exercise caution and common sense to protect your property, just as you would when interacting with other persons whom you do not know. NEITHER WHO IN THE CHURCH? NOR ANY OF ITS MEMBERS, OFFICERS, VOLUNTEERS OR EMPLOYEES IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF WHO IN THE CHURCH?’S SERVICE. WHO IN THE CHURCH? WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.

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