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Terms of Service Agreement
BY REGISTERING FOR OR USING THE SOUTH BUSHWICK REFORMED CHURCH SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (INCLUDING ALL POLICIES), EACH AS MAY BE MODIFIED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE SERVICE.
This Agreement applies to your use of the Service. It explains our and your respective legal rights and obligations concerning all aspects of our relationship, including without limitation a) our collection, use, and maintenance of your Organization's information, transaction information, and Donor information, b) Service restrictions, c) your consent to receive electronic notices, and d) the resolution of disputes. In addition to the terms of this Agreement, you agree to the terms of the policies, notices, procedures, specifications, FAQs, guides and guidelines that are provided to you, appear on your account management site ("Donation Center") (further explained below) or are referenced in this Agreement (collectively, the " Policies"). Like the Donation Forms, the Donation Center is hosted only on our servers.
We may modify the terms of this Agreement (including any Policy) or the features of the Service at any time. We will post the amended Agreement or Policy to www.southbushwickchurch.org ("Site") and send a notice of Material Changes to the Organization's electronic address under your donation center account ("ACCOUNT"). Any such change in terms will be effective upon posting to our Site or Donation Center (as applicable) or when otherwise communicated to you (whichever is earlier). Any "Material Change" to this Agreement will be effective seven (7) days from the date of posting. A "Material Change" is limited to any change that involves an increase in fees or liability for you. You will be deemed to accept (a) any Material Changes if you use the Service after the 7-day notice period, and (b) any other changes if you use the Site, Seller Central or Service after the posting of the new terms. If you do not accept a change to this Agreement or feature of the Service, your sole remedy is to contact us and close your account. You are at all times responsible for reading and understanding each version of this Agreement (including our Policies).
2. Sign Up
2.1 Eligibility. South Bushwick Reformed Church grants a right to use the Service only when the Organization and the User meet all of the respective eligibility requirements. The Organization must (a) have an email account, (b) be headquartered in the United States, and c) have a legal right, in the jurisdictions whose laws apply to the donation, to solicit donations from Donors. Users must a) have an email account(s), (b) be at least 18 years old, (c) be a resident or permanent citizen of the United States, (d) be duly authorized by the Organization, and (e) create an Account with us by providing complete and accurate registration information for the Organization. We treat all activities under an Account as those of the Organization. You must update registration (" Sign Up") information promptly upon any change. We reserve the right to refuse to provide or discontinue the Service to any person or entity at any time for any reason.
2.2 Creating South Bushwick Reformed Church Account. To create a new Account, you must register using the Sign-Up facility at our Site, www.southbushwickchurch.org. When you Sign Up, you will provide information about your Organization name including its address, bank account information, and other information used in providing the Service to you. You will also select an "orgname" for use in the URL http://southbushwickchurch.org that points to your Account.
2.3 Verification. Additional Sign Up information may be required to verify your identity as a condition of providing the Service to you or before we permit you to use the Service. Such information includes any or all of your social security number or employer identification number (EIN), valid U.S. credit card, a verified bank account, or other financial, business or personal information. We may make, directly or through third parties, any inquiries we consider necessary to validate information that you provide to us, including without limitation checking commercial databases. You authorize us to obtain one or more of your consumer credit reports, from time to time, to establish, update, or renew your Account with us or in the event of a dispute relating to this Agreement and activity under your Account. While we may take steps to verify the identity of our users, we cannot and do not guarantee the identity of any Organization, User, or Donor. You are solely responsible for taking appropriate steps to verify the identity of others.
2.4 Electronic Address, Password Security and Permissions. You will use your email address and a password that you select to access the Donation Center. We will use your email address to communicate with you. As such, you may be required to verify your e-mail address. During Sign-Up, you also may be prompted to answer security questions. It should be noted that Donation Center Users may have different combinations of permissions (to view/edit transactions, Donors, Donation Forms, Funds, etc.). Further, any User having permission to edit other Users has the broadest permission available because such a user can edit her own permissions or create a new User with any of the available permissions. The Organization is responsible to ensure that each of its Users receives the permission level it intends and that the Organization and each of its Users has a current email address with the Service.
2.4.1 You should not disclose your password to any third party (other than third parties authorized by you to use your account). If your password is compromised, you must change your password immediately and notify us immediately to avoid unauthorized use of your Account.
2.4.2 You bear full responsibility for protecting your password and not allowing unauthorized users to obtain it. You agree that you will only authorize additional users to use your login information after they have agreed to be bound by this Terms and Services Agreement. You are fully responsible for all activities that occur under Your Service and password.
2.4.3 South Bushwick Reformed Church cannot and will not be liable for any loss or damage from Your failure to comply with these security obligations. You acknowledge and agree that under no circumstances will South Bushwick Reformed Church be liable, in any way, for any acts or omissions of You or any user of Your Service to whom You gave access, including any damages of any kind incurred as a result of such acts or omissions.
2.4.4 You understand that any security software or device has inherent limitations, and that it is Your duty to decide whether South Bushwick Reformed Church security meets such needs. You understand that South Bushwick Reformed Church shall not be held liable for any breaches of South Bushwick Reformed Church security measures. In the event of such a breach, South Bushwick Reformed Church will not be liable for any actions taken by an unauthorized third party, including but not limited to interruption of the Service, deletion of content, posting of offensive material, redirection of a site, or theft of information.
2.4.5 While South Bushwick Reformed Church will take precautions to prevent unauthorized access over the phone to Your account, we will not be liable if a third party fraudulently procures access over the phone to Your account.
3. Description of Service
South Bushwick Reformed Church provides a donation management system that enables the Organization to receive a credit card or bank transfer funded donation into its bank account via the Internet. An Organization addresses Donors using Donation Forms, each of which can be customized by the Organization.
The owner ("Account Owner") and first User of a South Bushwick Reformed Church account ("Account") is typically the individual that sets up the Account on the Organization's behalf and has the authority to add additional Users. Password protected Accounts enable Users to access their Organization's Donation Center where, among other things, a User customizes Donation Form templates for each one of an Organization's funds. Donation Forms are assigned unique URL addresses (http://southbushwickchurch.org/formname) and are meant to be visited directly at those addresses, or embedded in web sites that Donors visit, such as the Organization's web site.
Donors who access one of your Donation Forms can fund their donation from a credit card account or from a bank account. After entering their personal and account information in the Donation Form, a Donor is asked if they wish to donate now. A Donor's affirmative response signals the Merchant Account to process the donation. In the case of a credit card transaction, a near simultaneous authorization of funds occurs. Bank transfers may require several days. Should a Donor desire to make periodic/recurring donations, the Service provides a facility for this purpose.
While creating and customizing Donation Forms is a key feature of the Donation Center, it is by no means limited to this function. In particular, the Donation Center also provides reports, transaction information, Donor management, Account settings, and other features.
4. Donation Accounting
4.1 One Or More Donation Forms. Because Organizations may invite donations to support more than one cause, project, or other undertaking, the Service allows creation of multiple Donation Forms and multiple Funds (for internal tracking purposes). Each form can be associated with one or more funds which allows the Service to track donations made to each fund. Additionally, because Funds are optional, Donation Forms may simply provide for donations to be made without specifying a fund.
4.2 One Bank Account. During registration, you will identify a single bank account, the Organization Bank Account, for receiving donations. No matter which Donation Form/fund a Donor elects to use, proceeds from the donation will be deposited in the Organization Bank Account.
4.3 Donation Reports. Near simultaneous reporting on donations is available from the Service. In particular, reports include those detailing an Organization's receipts for one or more funds for arbitrary periods such as daily, monthly, quarterly, and annual reports.
4.4 Organization Bank Reporting. The Organization Bank Account will receive the full proceeds from the Organization's donations in rolling daily batches. Once per month, South Bushwick Reformed Church will charge its fees and provide a billing statement. Fees paid in connection with your Merchant Account and any other fees due will be billed by the provider of your Merchant Account.
5. Use Of Service
5.1 Purpose. The purpose of this Service is to make online donations simple. An Organization registers for the Service through its Account Owner who has the right to authorize additional Users. Users with basic computer and browser skills can access the Donation Center, create Donation Forms, and manage their Organization's online donations. In particular, South Bushwick Reformed Church enables Organizations such as charitable organizations and other Donor funded entities to quickly implement online donations with customized Donation Forms, transaction processing, and reporting. The Service also provides an audit trail showing who/what/when for each Donor transaction and for selected changes Users make to information stored by the Service. Using or attempting to use this site for a purpose other than the above is not supported by South Bushwick Reformed Church and is, to the extent permitted by law, prohibited.
5.2 Donation Form Exemplary Language. Customized Donation Forms are built by each Organization from a template provided by South Bushwick Reformed Church. To the extent that Donation Form language is editable, it is the Organization's responsibility to delete, edit, and otherwise adapt Donation Form language to properly and accurately inform Donors about the Organization, the fund, and the contemplated donations to the Organization's fund. For example, an Organization that enjoys tax-exempt status will inform Donors of this fact while an Organization without this status will inform Donors it lacks this status and that donations will, as a consequence, be taxable. Further, although South Bushwick Reformed Church provides default alternative language concerning tax deductible donations, it is the Organization's sole responsibility to determine whether donations it receives are tax deductible and to advise Donors accordingly.
5.3 Linking. You are granted the right to create a "hypertext" link to any of your Donation Forms. If you change the location of a Donation Form, you are responsible for maintaining old/existing links to the Donation Form. Where there is misuse of the Service in connection with your Account, we reserve the right to disable links to your Donation Forms. You may not use framing techniques to enclose any South Bushwick Reformed Church trademark, logo or trade name or other proprietary information including the images we create or images you create using our templates. Links to third party sites on our Site are provided solely as a convenience to you. If you use these links, you will leave our Site. South Bushwick Reformed Church has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. Other than its qualification of payment processor(s) listed herein for purposes of establishing compatibility to transfer information, South Bushwick Reformed Church does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access a third party site linked to this site, you do so entirely at your own risk. You acknowledge and agree that South Bushwick Reformed Church shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites.
5.4 Limited Access. Except as otherwise expressly permitted by South Bushwick Reformed Church, any access or attempt to access private and/or non-user areas of South Bushwick Refomred Church's computer system and information contained therein or reachable thereby for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to "screen scrape," monitor, "mine," or copy the Web pages on the Site or the content contained therein without South Bushwick Refomred Church's prior, express, and written permission. You will not spam or send unsolicited e-mail to any other user of the Site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on South Bushwick Refomred Church's infrastructure.
5.5 Additional Use Restrictions. You shall not post, transmit, e-mail, re-transmit or store material on or through any of the Services provided by which, in the sole judgment of the South Bushwick Reformed Church: (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by you. You shall be responsible for determining what laws or regulations are applicable to your use of the Services. In addition, you may only use the Services in a manner that, in South Bushwick Refomred Church's sole judgment, is consistent with the purposes of such Services. If you are unsure of whether any contemplated use or action is permitted, please contact South Bushwick Reformed Church at email@example.com. By way of example, and not limitation, use of the Services to engage in any of the below mentioned activities is expressly prohibited:
(a) upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, "Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. Pornography and pornographic related merchandising are prohibited under all Services, including providing links to pornographic content elsewhere;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a South Bushwick Reformed Church representative or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
(e) upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(f) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Services that are designated for such purpose;
(g) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(i) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by U.S. Homeland Security, the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(j) "stalk" or otherwise harass another;
(k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites; and
(l) effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access.
5.6 Our Use of The Service on Your Behalf. We may from time to time access the Service on your behalf, using our master "South Bushwick Reformed Church Admin" accounts to access your Donation Center to investigate and/or to make changes to your Account. Examples include our use of your Account to assist you in resolving a problem, to restore normal operation to your Account, to correct an error, and as reasonably required to operate the Service.
6. Intellectual Property
6.1 South Bushwick Reformed Church Materials. During the term of this Agreement, you may use the South Bushwick Reformed Church Materials only for their intended purpose. Donation Forms may be linked to or embedded in your web site and on other web sites you regularly use to invite donations (provided you have the ability to make such links or create code/markup for such embedding). You may use other South Bushwick Reformed Church Materials only for your own internal purposes and solely as necessary for your use of the Service. " South Bushwick Reformed Church Materials" include Donation Forms, any software (including without limitation developer tools, code, and software libraries), data, materials, content and printed and electronic documentation developed and provided by us to you for download from the Site including the Donation Center. You may not, and may not attempt to, directly or indirectly:
(a) transfer, sublicense, loan, sell, assign, lease, rent, act as a service bureau, distribute or grant rights to any person or entity in the Service or the South Bushwick Reformed Church Materials;
(b) remove, obscure, or alter any notice of any Mark, or other intellectual property or proprietary right appearing on or contained within the Service or on any South Bushwick Reformed Church Materials;
(c) modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the South Bushwick Reformed Church Materials; and
(d) reverse engineer, disassemble, or decompile the South Bushwick Reformed Church Materials or the Service or apply any other process or procedure to derive the source code of any software included in the South Bushwick Reformed Church Materials or as part of the Service.
6.2 Trademarks. "South Bushwick Reformed Church", "South Bushwick Reformed Church", "South Bushwick Reformed Churchsites", "South Bushwick Reformed Church Sites", and "South Bushwick Reformed Church Donation Center" and other related designs, graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of South Bushwick Reformed Church Sites, Inc. (collectively, "Trademarks"). You may not use, absent our express written permission following your written request to use a particular mark, any of our Trademarks. All other trademarks not owned by South Bushwick Reformed Church that appear on the Site or in connection with the Service are the property of their respective owners, none of which are affiliated with, connected to, or sponsored by South Bushwick Reformed Church. We may use your name, logo, service name or trademarks as designated by you solely as necessary to provide the Service contemplated herein. Such uses include, but are not limited to, hosting Donation Forms and sending emails to your Donors on your behalf.
6.3 Downloadable Materials. Materials that are made available to download from this Site are works subject to South Bushwick Refomred Church's copyrights. Except as provided for in the License, copying or reproduction of materials downloaded from South Bushwick Refomred Church's site to any other server or location for further reproduction or redistribution is expressly prohibited unless such use is expressly provided for in a written agreement with South Bushwick Reformed Church. Without limiting the foregoing, any software downloaded from this Site is subject to the license terms of the applicable software license agreement. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement.
6.4 Reservations. Other than the limited use and access rights and licenses expressly set forth in this Agreement, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to the Service, the South Bushwick Reformed Church Materials; our Trademarks; and any other technology and software that we provide or use to provide the Service and the South Bushwick Reformed Church Materials. This Agreement provides you with limited use and access rights as described herein. However, you do not, by virtue of this Agreement, acquire any ownership interest or rights in the Service, the South Bushwick Reformed Church Materials, our Trademarks, or such other technology and software provided by us.
6.5 Public Content. You retain ownership of all Organization specific content that you upload to the Site. However, for content you have disclosed or will disclose to the public ("Public Content"), including content you add to Donation Forms, you hereby grant South Bushwick Reformed Church rights and licenses to deal with the Public Content as reasonably necessary to carry out the purposes of the Service including a worldwide, royalty-free, non-exclusive, sub-licensable and transferable license to host, cache, cache, store, archive, index, crawl, create algorithms based thereon, modify or transcode the Public Content to appropriate media formats, standards or mediums as part of the services South Bushwick Reformed Church provides.
7. Payment Terms
7.1 Our Fees. You agree to pay a South Bushwick Reformed Church service fee ("Service Fee") in connection with your use of the Service. The Service Fee is 1 % of each Donor's donation. For example, when a Donor makes a $100 donation using the Service, the South Bushwick Reformed Church Service Fee for this donation is one dollar. In the case that a Donor's donation does not result in funds being transferred to the Organization Bank Account, there is no Service Fee.
7.2 Payment of Our Fees. You agree that South Bushwick Reformed Church will directly debit the Organization Bank Account to collect the Service Fee and that you will take all reasonable and necessary steps to set up and to maintain South Bushwick Refomred Church's right and ability to receive the Service Fees from this account. Should your bank charge us for a transaction defect such as insufficient funds "NSF," or for any other reason, we will include this amount in your Service Fee.
7.3 Other Fees. You will also pay fees to others. In particular, your Organization will require the services of a payment processor in the form of a Merchant Account. BluePay or another payment processor you select will invoice you directly for this service. See https://www.southbushwickchurch.org/bluepay/pricing/ for further details. Should you opt to accept credit card donations, you will also require periodic audit services showing your compliance with data security requirements, for example Payment Card Industry Data Security Standards (PCI DSS) compliance.
7.4 Unpaid Amounts. Your failure to fully satisfy amounts that you owe us on demand will be a breach of this Agreement. You will be liable for our costs associated with collection in addition to the amount collected, including without limitation attorneys' fees, court costs, collection agency fees, and any applicable interest. South Bushwick Reformed Church reserves the right to cancel your South Bushwick Reformed Church Account due to unpaid fees. Cancellation results in the suspension of any/all of your Donation Forms and any/all recurring donations scheduled to be made by your Donors.
7.5 Taxes. You are responsible for determining any and all taxes and duties, including without limitation, sales, use, transfer, value added, withholding, income, and other taxes and/or duties assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with any donation made to you, your use of the Service and the Site, or otherwise in connection with any action, inaction, or omission by you or any affiliate of yours, or any of your or their respective employees, agents, contractors, or representatives. You also are responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to determine whether Taxes apply and are not responsible for calculating, collecting, reporting, or remitting any Taxes to any tax authority arising from any donation. South Bushwick Reformed Church reporting tools in the Donation Center assist you with tracking financial information for your donations and Donors. However, these reporting tools are not intended to be sufficient for handling your tax reporting and you should not rely on them for this purpose. Note that your transaction data can be exported from South Bushwick Reformed Church and used, for example, in accounting software of your tax professional.
8.1 Your Rights. You may terminate this Agreement by closing your Account at any time. Any amounts owed to South Bushwick Reformed Church will be due and payable upon termination and collected by us as described above. You agree to maintain the Organization Bank Account active and funded sufficiently to cover amounts owed until South Bushwick Reformed Church has successfully debited (typically on the 1st of every month) the account.
8.2 Suspension or Termination by Us. We may terminate this Agreement and close your Account for any reason at any time upon notice to you. Without limiting the foregoing, we may suspend the Service if (a) you have violated the terms of this Agreement (including any Policy), (b) you pose an unacceptable reputational, credit or fraud risk to us, or (c) you provide false, incomplete, inaccurate, or misleading information (including without limitation any registration information) or otherwise engage in fraudulent or illegal conduct.
8.3 Effect of Termination. We will not be liable to you for compensation, reimbursement, or damages on account of the loss of prospective Donors, donations, goodwill, or on account of expenditures, investments, or commitments in connection with your use of the Service, or for any termination or suspension of the Service. Any termination of this Agreement does not relieve you of any obligations to pay any Service Fees accrued prior to the termination and any other amounts you may have a legal obligation to pay us. In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement: 1 and 6-13.
9. Privacy and Confidentiality
9.1 Stored Information. South Bushwick Reformed Church stores an Organization's transaction information ("Transaction Information") including: your Organization Bank Account Information; User passwords; your Merchant Account login credentials (API keys); records of your transactions, Donors, Donation Forms, Funds, Users and activities that are handled in your Donation Center; and other information reasonably required to operate the Service. You agree that we may receive, store and use this information as is reasonably required to operate the Service. Notwithstanding this and any other terms of any agreement to the contrary between you or us, we may use, disclose and transfer information that we collect or process as part of the Service, during and after the term of this Agreement: (a) as required by applicable law; (b) to or at the request of the person to whom the information pertains, persons authorized by them or the person from whom such information is obtained; (c) in connection with an assignment of this Agreement; and (d) to operate, improve or modify the Service, including without limitation, personalization, fraud and risk management, authentication and protection against abusive or unlawful uses.
9.2 Donor Credit Card And Bank Information. Donor credit card and/or bank account information is stored in limited circumstances. Where a Donor indicates recurring donations on the Donation Form, credit/bank information will be stored. When a Donor creates a Donor Account, credit/bank information will be stored and made accessible to that Donor to view, update, and correct. Also, where a User directly inputs this information through the Donation Center, credit/bank information will be stored. Stored information is limited to the required payment data and other contact information required to carry out the Service as contemplated herein.
9.3 Information Shared With Donors. To the extent Transaction Information is information uploaded to the Service by Donors or a Donation Center manipulation of Donor information, South Bushwick Reformed Church may now or in the future provide Donors with access to such information at the Donor's request and/or via a publicly accessible website.
9.5 Confidential Information. During the course of your use of the Service, you may receive information relating to us or to the Service that is not known to the general public ("Confidential Information"). You agree that: (a) all Confidential Information will remain South Bushwick Reformed Church's exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in the Service; and (c) you will not otherwise disclose Confidential Information to any individual, company, or other third party. Except as expressly provided in this Agreement, you may not issue any press release or make any public statement related to the Service, or use our name, trademarks or logo in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.
9.6 Archiving Information. Information in the Donation Center can be archived but it cannot be permanently deleted. Archived information may be restored or "unarchived" at a later date.
10. Representations and Warranties
10.2 Disclaimer. THE SITE, DONATION CENTER, DONATION FORMS, AND SERVICE ARE PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE, DONATION CENTER, DONATION FORMS, THE South Bushwick Reformed Church MATERIALS, SERVICE OR ANY APPLICATION, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (B) THAT THE SITE, DONATION CENTER, DONATION FORMS, THE South Bushwick Reformed Church MATERIAL, THE SERVICE, OR ANY APPLICATION WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY; OR (C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE.
11. Limitation on Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE DONATION CENTER, DONATION FORMS, THE South Bushwick Reformed Church MATERIALS, THE SERVICE (INCLUDING THE INABILITY TO USE THE SERVICE), ANY APPLICATION USING OUR SERVICE, OR ANY SERVICES OR GOODS PURCHASED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AGGREGATE LIABILITY OF US OR OUR EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE MONTH OF THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. In no event will we be liable to you for any failure or delay by us (or our employees, agents, or representatives) in performing our obligations under this Agreement, regardless of whether the failure or delay is caused by an event or condition beyond our control.
The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement. Our liability is limited to the greatest extent permitted by law.
You will indemnify and hold harmless us and our respective employees, directors, agents and representatives from and against any and all claims, costs, losses, damages, judgments, Tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our Policies; (b) your wrongful or improper use of the Service; (c) any transaction submitted by you through the Service (including without limitation the accuracy of information that you provide or any claim or dispute arising out of products or services offered or sold by you); and (d) any transactions that you submit to our Service.
13. General Provisions
13.1 Electronic Notices and Your Consent. We primarily communicate with you via your registered electronic address. By registering for the Service and accepting the terms of this Agreement, you affirmatively consent to receive notices electronically from us (your "Consent"). You agree that we may provide all communications and transactions related to the Service and your Account, including without limitation agreements related to the Service, amendments or changes to such agreements, disclosures, notices, transaction information, statements, policies (including without limitation notices about our Privacy Notice), responses to claims, and other customer communications that we may be required to provide to you by law in electronic format (collectively, " Communications"). All Communications by us will be sent either (a) via e-mail, (b) by providing access to a Website that we designate in an e-mail, or (c) posting to our Site. All Communications will be deemed to be in "writing" and received by you when sent to you. You are responsible for creating and maintaining your own records of such Communications. You must send notices to us at the designated e-mail address(es) on the Site or through the submission forms on the Site. We reserve the right to discontinue or modify how we provide Communications. We will give you prior notice of any change. Your continued Consent is required to use the Service and your Account. To withdrawal your Consent, you will need to close your Account.
13.1.1 Requirements. To access, view, and retain Communications, you must have a computer with appropriate software and access to a personal, active e-mail account. You are responsible for any costs or fees associated with these requirements, including without limitation charges for telecommunications services. We will give you prior notice if we make a change to the requirements for receiving Communications.
13.1.2 Updating Your Information. As with all information that you provide to us for your Account, it is your responsibility to ensure that your phone number and e-mail address is accurate and remains current. To ensure that we are able to provide you with important Communications, you must update us with any change in your e-mail address.
13.1.3 Requesting Paper Copies. Communications will not be distributed in paper unless you contact us and request a paper version of a particular document. We reserve the right to charge you a handling fee for any notices that we physically mail to you at your request or because your e-mail addresses fail.
13.2 Governing Law and Venue. The Service, the Site, and Donation Center are arranged, sponsored, and managed by us in the State of California, USA. The laws of the State of California govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. Any dispute relating in any way to your visit to the Site or Donation Center or to our services in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $5,000 shall be adjudicated in any state court in Ventura County, California or in any federal court of the Central District of California, Western Division, and you consent to exclusive jurisdiction and venue in such courts.
13.3 Assignment. You may not assign or transfer any rights, obligations, or privileges that you have under this Agreement without our prior written consent. Subject to the foregoing, this Agreement will be binding on each party's successors and permitted assigns. Any assignment or transfer in violation of this section will be deemed null and void.
13.4 No Waiver. We will not be considered to have waived any of our rights or remedies, or portion of them, unless the waiver is in writing and signed by us. Our failure to enforce the strict performance of any provision of this Agreement (including any Policy) will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of this Agreement (including any Policy).
13.5 No Agency. Nothing in this Agreement is intended to or creates any type of joint venture, employee-employer, creditor-debtor, escrow, partnership, or any fiduciary relationship between you or us.
13.6 Severability. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect and, upon our request, the court will construe any invalid or unenforceable portions in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement and the rest of the Agreement remains in full force and effect.
13.7 Entire Agreement. This Agreement, including without limitation the Policies and the general terms and conditions of the Site, constitute the entire agreement of the parties with respect to the subject matter of this Agreement, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter of this Agreement. Except as expressly provided above, no modification or amendment of this Agreement will be binding on South Bushwick Reformed Church unless set forth in a writing signed by us.
WRITTEN/UPDATED: JANUARY 27, 2016
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