Online Subscription Agreement
Terms and Conditions Please read this agreement carefully as it governs your use of our online services (your Subscription) and limits our liability to you. By clicking “I accept” at the end of this screen and accessing the website at www.ecf360.org and related websites (Service) you are forming a contract and agreeing to the terms that appear below. References to “you” and “your” are to you as an individual.
If you use the Service in the course of your professional or volunteer work for a congregation or charitable organization, you are also agreeing to this agreement on behalf of that congregation or organization and references to “you” and “your” include that congregation or organization. If you have any questions, please email us at [email protected].
1. GENERAL TERMS
PROVISION OF SERVICE
1.1 The Service is provided by the Episcopal Church Foundation, of 475 Riverside Drive, Suite 750, New York, NY 10115 (Supplier/We/Us). You will receive access to the Service following payment for the period of your Subscription.
1.2 You acknowledge that you have provided the Supplier with accurate and complete registration information and that it is your responsibility to update the Supplier of any changes to that information (including your email address) by emailing [email protected].
1.3 Each registration is designed for a single user login, but you are free to share your user name and password with other members at your congregation or organization for the purpose of creating materials to promote giving to your congregation or organization. On registration, you will be allocated a user name and password (ID). You are responsible for all use of the Service using your ID and for preventing unauthorized use of your ID. However, you may share your ID and the documents you create with other members of your congregation or organization.
1.4 If you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your ID, you must notify the Supplier immediately by emailing [email protected]. If the Supplier reasonably believes that your ID is being used in any way which is not permitted by this agreement, the Supplier reserves the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issue has been resolved.
1.5 The Supplier is continually seeking to improve the Service. The Supplier reserves the right, at its discretion, to make changes to any part of the Service provided that it does not materially reduce content or functionality.
1.6 Following your acceptance of this agreement, the Supplier will make the Service available to you and except as set out in this agreement you will have no right to cancel the contract before the end of your selected monthly or annual Subscription once we have done so.
2. USE OF SERVICE
3. LIMITED RIGHTS TO USE CONTENT
3.1 All material displayed on the Service (Content) belongs to the Supplier or its licensors. Subject to clause
3.2, you may: (a) retrieve and display the Content on a computer screen; (b) print individual pages on paper and store such pages in electronic form on disk and on your PC; (c) bookmark or link to any part of the Service, for your own use; and (d) download documents for customization and save those documents as you wish for use at your congregation or organization.
3.2 Most of the Content in the Service is owned by the Supplier but certain content is used under license from third parties (Third Party Content) and will be marked with the copyright notice of those third parties. Some of the Third Party Content will be subject to additional restrictions – the relevant copyright notice will make it clear where that is the case.
3.3 You may not (without contacting us to obtain prior written permission): (a) redistribute any of the Content (including by using it as part of any library, archive or similar service); (b) remove the copyright or trade mark notice from any copies of the Content made under this agreement; (c) create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content; or (d) except as expressly set out above, modify, reproduce or in any way commercially exploit any of the Content. However, you, and those with whom you share your ID, may download, customize and adapt materials for use by your congregation or organization for its fundraising and development needs.
3.4 Copyright in any software that is made available for download for the participation in the Service (Software) belongs to the Supplier or its suppliers. Your use of the Software is governed by the terms of any license agreement that may accompany or be included with the Software.
4.1 The first fee for your initial Subscription will be payable on the day you subscribe for the Service. Subsequent fees for your Subscription (Subscription Fee) are calculated and payable monthly or annually on the same day of the start of your Subscription (unless otherwise stated). Service of digital goods will be delivered immediately after subscription. If you have a recurring billing payment scheduled for a day that does not occur in a given month (e.g. the 30th does not occur in February), the bill will occur on the last available day of the month. Thereafter, the payment will occur on the newly established day of the month. The Supplier shall be under no obligation to provide the Service until the Subscription Fee has been paid.
4.2 There may reduced fee or trial offers available from time to time.
4.3 Your subscription fee and recurring billing will be processed through our standard payment processor which is currently Stripe. We are governed by their terms of sale which can be found at https://stripe.com/legal. Your Subscription will automatically renew upon the expiration of your current Subscription. If you fail to pay the Subscription Fee for any subsequent period, the Supplier may suspend your access to the Service until your Subscription Fee is paid.
5. USER PARTICIPATION
5.1 The Service may include bulletin boards, discussion groups and other public areas that allow feedback to the Supplier and interaction between users. The opinions, advice and statements contained in messages posted on the Service (Messages) are those of the users and not the Supplier and the Supplier accepts no liability for the Messages. Where you can post Messages there will be a hyperlink to terms which help control the content of Messages.
6.1 The Supplier warrants that: (a) it will use reasonable skill and care in making the Service available to you and in ensuring its availability during your Subscription; (b) it has the right to license the Content under this agreement; and (c) it will take reasonable steps to ensure that the software it provides as part of the Service is virus free.
6.2 Because of the number of sources from which the Supplier obtains the Content and because of the nature of the Internet and archived information, errors and omissions do occur, and the Supplier does not give any other warranties in respect of the Service. In particular, you should not take the accuracy of the information for granted and the Supplier makes no warranty that the Website is free from infection by viruses or anything else that has contaminating or destructive properties. All implied warranties are excluded from this agreement to the extent that they may be excluded as a matter of law.
7. LIMITATION OF LIABILITY
7.1 The Supplier will use its reasonable endeavors to remedy faults in the Service during the Subscription. If we are in breach of this agreement, you agree that your only recovery for damages that you incur, and your exclusive remedy, shall be limited to an amount equivalent to the Subscription Fee paid or payable in relation to your use for the relevant time period of the Service. Where you are still in the trial period, your only remedy will be a refund of the fee you paid to access the Service for the trial period.
7.2 The Supplier will not be liable for any business losses such as lost data, lost profits or business interruption arising from your use or inability to use the Service or from any action taken (or refrained from being taken) as a result of using the Service.
7.3 The training exercises recommended in some of the Content are for guidance only and you imitate or copy them at your own risk. Subject to clause
9.1 All notices shall be given to the Supplier via email at [email protected] or by postal mail at 475 Riverside Drive, Suite 750, New York, NY 10115; or to you at either the email or postal address you provide during any ordering process.
9.2 Notice will be deemed received when an email is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
The Service contains links to other web sites and resources, either directly or through frames and, where possible, the Supplier will make clear where such links are being made. Independent third parties provide these sites, and the Supplier is not responsible and shall not be liable for the availability or content of these outside resources.
11.1 This agreement and your access to the Service may be terminated by written notice if you are in material breach of this agreement and the breach is not remedied within the period of 14 days after written notice of the breach has been given to you. If we reasonably believe you are in breach of clause 3 we may suspend your access to the Service.
11.2 You may terminate this agreement at any time. Any payments already in process will still be collected and your subscription shall finish after final payment. You may receive a pro-rata refund if the Service is discontinued or if we are in material breach of this agreement and the breach is not remedied within the period of 14 days after written notice of the breach has been given to us.
12.1 We may transfer and/or assign our rights and/or our obligations under this agreement. This will not affect your rights under this agreement. You may not transfer any of your rights or obligations under this agreement.
12.2 Nothing in this agreement shall confer your rights on any other person.
12.3 If you breach this agreement and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach this agreement.
12.5 This agreement shall be governed by the State of New York.
12.6 We will try to solve any disagreements quickly and efficiently.