Terms & Conditions

Last Updated:  8/27/18


Welcome to the CHURCHOME (“CHURCHOME” or “we” or “us”) website hosted at www.churchome.org and other affiliated websites and mobile phone applications (together, collectively, the “Service”).

Please review the following terms and conditions concerning your use of and access to the Service. By accessing, using and/or downloading any materials or content from the Service, you agree to follow and be bound by these terms and conditions (hereafter, the “Terms”). If you do not agree with these Terms, you may not use the Service.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER:  THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH CHURCHOME.  PLEASE READ IT CAREFULLY.


General provisions

All user content is the sole responsibility of the user posting the information, whether the information is shared publicly or privately transmitted. CHURCHOME reserves the right, but is not obligated, to review and delete any user content that CHURCHOME, in its sole discretion, determines to violate the terms of use or is illegal, offensive, or violates and/or harms any third party rights.

Use of Service Content:  All materials provided on the Service, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (collectively, “Materials” or “Content”), are provided either by CHURCHOME or by respective third party authors, developers or vendors (“Third Party Providers”) and are the copyrighted works of CHURCHOME and/or its Third Party Providers (or is permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of CHURCHOME and/or a Third Party Provider.  Also, you may not “mirror” or “archive” any Materials contained on the Service on any other server without CHURCHOME’s prior express written permission.

All user content is the sole responsibility of the user posting such content, whether the content is shared publicly or privately transmitted.  CHURCHOME reserves the right to review and delete any user content that CHURCHOME, in its sole discretion, determines to violate the Terms or is illegal, offensive, or violates and/or harms any third parties.  

The Service provides users with the opportunity to join certain CHURCHOME-sponsored groups.  The Services also allows users to organize and form their own social groups (hereafter, “Community Groups”).  Community Groups formed by users are the sole responsibility of the users forming them.  While CHURCHOME may allow users to post information about such Community Groups and their activities, events and offerings, CHURCHOME is not the sponsor or provider of any activities, events or offerings of Community Groups and makes no representations or warranties and has no control over the quality or availability of any activities, events or offerings by Community Groups via the Service. To the extent you choose to participate in or attend Community Group activities, events or offerings, you do so at your own risk.  CHURCHOME does not screen or evaluate the organizers, leaders, activities, events or offerings of any Community Groups.  For example, we do not conduct any criminal background checks, child abuse screening process, or reference checks on the organizers and leaders of Community Groups. CHURCHOME DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING COMMUNITY GROUPS AND UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.

Except where expressly provided otherwise by CHURCHOME, nothing on the Service shall be construed to confer any license or ownership right in or to the Materials, under any of CHURCHOME’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge your sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by CHURCHOME. CHURCHOME does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by CHURCHOME.

Any unauthorized use of any Materials contained on the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws.

You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.


Links to third party sites

The Service may contain links or have references to websites controlled by parties other than CHURCHOME. CHURCHOME is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. CHURCHOME is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CHURCHOME of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by CHURCHOME. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.


Submissions

Except where expressly provided otherwise by CHURCHOME, all comments, feedback, information and data submitted to CHURCHOME through, in association with or in regard to the Service and/or any other CHURCHOME goods or services (“Submissions”) shall be considered non-confidential and CHURCHOME’s property. This may not include copyright ownership of images which you may upload, but does include an express license to use said images in any method CHURCHOME sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Submissions to CHURCHOME, you agree to assign to CHURCHOME, as consideration in exchange for the use of the Service, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant CHURCHOME these rights and agree CHURCHOME shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose.

You acknowledge that you are responsible for the Submissions that you provide, and that you, not CHURCHOME, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity.

CHURCHOME reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any CHURCHOME site that violates these Terms of Use and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms and/or protect the safety or security of any person or property, including any CHURCHOME site.  Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under the age of 18). If you do so, CHURCHOME reserves the right to cancel or suspend your account.  Furthermore, CHURCHOME reserves the right to cancel or suspend your account if, in its sole discretion, it believes you are using CHURCHOME for improper purposes, or any purpose inconsistent with its mission.


Children

In order to use the Service, users must be at least 13 years of age if residing in the U.S. or at least 16 years old if residing in the European Union.   CHURCHOME does not seek or accept any Submissions from any user under the age of 13 if residing in the U.S., age of 16 if residing in the European Union or any applicable minimum age in the jurisdiction where that person resides. If you are under the age of 18 or the age of majority in your jurisdiction, you must have your parent or legal guardian set up your account and have them agree to these terms. If you are under the age of 18 or the age of majority in your jurisdiction, your parent or legal guardian’s consent to these terms is ongoing and they hereby warrant that they will review these terms for changes, and if any occur, that they will be amenable thereto until you reach age 18 or the age of majority, at which point you hereby give your consent to these terms. Furthermore, to the extent any user under the age of 18 (or the age of majority in your jurisdiction) makes a Submission of copyrighted materials heretofore, their parent or legal guardian hereby grants CHURCHOME all rights to utilize the copyright and image / likeness embodied therein as further enumerated in these Terms.


Donations

CHURCHOME uses the third party platform, PushPay (https://pushpay.com – PushPay’s Terms and Conditions can be found here:  https://pushpay.com/terms) and in conjunction with your PushPay account to process your donations to CHURCHOME.  By using CHURCHOME and agreeing to CHURCHOME’s Terms of Use, you are also agreeing to be bound by PushPay’s Terms of Service. 

You expressly understand and agree that PushPay may handle all payments or monetary transactions that occur through your use of the Service.  You expressly understand and agree that CHURCHOME shall not be liable for any payments or donations that occur through your use of the Service.  You also agree that CHURCHOME shall not be liable for any issues regarding any monetary transactions between you and any other party, including PushPay.

You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or PushPay. CHURCHOME is not liable for loss or damage from errant or invalid transactions processed with your PushPay account. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.

You understand that CHURCHOME uses the PushPay API to run payments for the Service, that the PushPay API is subject to change at any time, and such changes may adversely affect the Service. You understand and agree to not hold CHURCHOME liable for any adverse effects to your PushPay account and/or your CHURCHOME account as result of any actions or inactions on the part of PushPay.

You must not process stolen credit cards, or unauthorized credit cards throughPushPay and/or your CHURCHOME account.


Limitation of liability

TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CHURCHOME EXCEED $100.00. IN NO EVENT SHALL CHURCHOME OR ANY THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER’S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS.


Licenses from you

You grant to CHURCHOME and its Third Party Providers the non-exclusive, worldwide right to use, copy, transmit and display any data, information, Content or other Materials, provided to CHURCHOME by you in the course of accessing and/or using the Service. Notwithstanding the foregoing, CHURCHOME’s obligations regarding identification and other information concerning your personal information shall be governed by the terms of the Privacy Policy. The terms of the Privacy Policy are expressly incorporated herein as though set forth in full.


Disclaimer of warranties

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY CHURCHOME, THE MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS,” AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, CHURCHOME AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE, THE MATERIALS, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. CHURCHOME AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CHURCHOME AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER CHURCHOME NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. CHURCHOME IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY CHURCHOME, THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN “AS IS” BASIS. CHURCHOME EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.


Your responsibilities

You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which CHURCHOME controls and operates the Service and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.


Notices

CHURCHOME may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in CHURCHOME’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in CHURCHOME’s account information. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by email or posting to the Service.

CHURCHOME respects copyright law and expects its users to do the same. It is CHURCHOME’s policy to terminate in appropriate circumstances users or other account holders who infringe or are believed to be infringing the rights of copyright holders. All users of the Service represent and warrant they shall comply with all applicable copyright laws. In the event we receive proper notification of claimed copyright infringement, the response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and possibly terminating your account and/or the right to use our site. If you believe any material via the Service (including the CHURCHOME website and mobile application) constitutes an infringement of a copyright you own, you may file a notice of infringement to the contact identified below.  If you materially misrepresent that the user is infringing, you may be liable for the costs incurred by CHURCHOME and our associated persons, including attorney fees. Accordingly, if you are uncertain whether you are or you represent the proper copyright holder or if copyright laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense. Any copyright infringement notification must be a written communication, transmitted by e-mail or regular mail, setting forth the following:


Resolution of disputes – mandatory arbitration and class action waiver

We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with CHURCHOME or the use of this Service. Please read this section carefully. Our Customer Service Department, which you can reach at info@churchome.org, can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.

Step 1. Notice of Dispute

You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by U.S. Mail to:

Churchome

9051 132nd Ave NE

Kirkland, WA 98033

A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us.  Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.

You agree that the term “Dispute” in these Terms of Use will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us relating to the Website, the Services, the Terms of Use (or any breach thereof) – whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.

Step 2: Arbitration

If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us.  As explained below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.

By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.

To read more about arbitration, visit www.adr.org. The American Arbitration Association (“AAA”) will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here - Consumer_Rules_Web.pdf. You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here - Consumer_Demand_for_Arbitration_Form.pdf. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us.  If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.


Class action waiver

Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.


Costs

If you initiate an arbitration with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand.  However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.

Small Claims Option

You may also litigate any Dispute in Small Claims Court in the applicable County of the State of Washington, if the Dispute meets all requirements to be heard in the appropriate small claims court. You can learn more about the Small Claims Court in the State of Washington by clicking here - small-claims-court.  However, if you initiate a Small Claims case, you are responsible for all your own court costs.

Choice of Law and Forum Selection

You agree that the laws of the State of Washington govern this agreement and any claim or Dispute or issues arising from it, without regard to Washington’s conflict of laws rules. Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in the County of King in the State of Washington and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Governing Law & Exclusive Venue

Use of the Service and any claim relating to CHURCHOME shall be governed by the laws of the State of Washington and litigated in the State of Washington.  Any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Use or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in the County of King in the State of Washington. The choice of law of and exclusive venue in the County of King in the State of Washington apply to you regardless of where you are accessing the Service from even if you are accessing the Service from outside of the United States of America. 


Miscellaneous

The Terms (together with the Privacy Policy) represent the parties’ entire understanding relating to the use of the Service and supersedes any prior or contemporaneous, conflicting or additional, communications. CHURCHOME reserve the right to change these Terms and other policies relating to the Service at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. Certain provisions of the Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Service, which may be posted from time to time. Your continued use of the Service after any such changes and/or postings shall constitute your consent to such changes. If any provision of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

You may not assign these Terms without the prior written approval of CHURCHOME. Any purported assignment in violation of this section shall be void. CHURCHOME reserves the right to use Third Party Providers in the provision of the Service and/or the goods, service and/or Materials associated therewith. Any and all rights not expressly granted herein are reserved by CHURCHOME.

If you have any questions regarding the Terms or wish to contact us for any matters, you may contact us at:

CHURCHOME

9051 132nd Ave NE

Kirkland, WA 98033

info@churchome.org