Terms & Conditions
Overview
This website is operated by First Church Portal. Throughout the site, the terms “we”, “us” and “our” refer to First Church. First Church offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Section 1 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 2 - Accounts: Administrators, Authorized Users, and Individuals
First Church Portal supports three categories of users: Administrators, Authorized Users and Individuals. Each type of user has different permissions and responsibilities, which are more fully defined below. For ease of reference, we will use the term “you” in these Terms of Service to refer to the user of Planning Center (whether they be an Administrator, Authorized User, or Individual).
1. Administrators
Administrators must also have full authority to enter into binding contracts and conduct business on behalf of other users. We may require the Administrators to provide proof that they have the authority to enter into contracts on behalf of the First Church.
Administrators may be added or deleted by another Administrator. In the event an Administrator is deleted, the Administrator shall cease to have access to First Church Portal and any information within First Church Portal. In addition, an Administrator, acting on behalf of the uses, may delete the Account and therefore all data and information related to the Account in First Church Portal. Administrators, acting on behalf of the Authorized Users and Individuals, may also rename the Account or sign up for additional features of First Church Portal. However, Administrator's shall not take any action or inaction that is disparaging to the First Church or contrary to the First Church’s mission or instructions. We are not liable for the conduct of an Administrator, including, without limitation, deletion of data, improper use of data, inappropriate information posted, violation of laws related to privacy, or any other conduct by an Administrator.
In the event of a conflict among Administrators or between Administrators and the Authorized Users and Individuals, the Authorized Users and Individuals must resolve the issue and provide us with written instructions on how to proceed that are signed by the Chief Executive or President (the Lead Pastor) of the First Church. We will proceed based on those instructions. In the event of a conflict over the identity of the Chief Executive or President (the Lead Pastor), we will act in accordance to a court order that names the Chief Executive or President (the Lead Pastor). If a dispute requires us to engage counsel, the Administrator, or Authorized Users and Individuals agrees to pay our fees and costs. We may suspend the First Church Portal account until said conflict is resolved.
2. Authorized Users
“Authorized Users” are users who are granted permission to access First Church Portal by either (i) an Administrator, or (ii) another Authorized User that has been given the permissions to add additional Authorized Users by an another Administrator. However, Authorized Users will not have access to the same administrative features as an Administrators. Authorized Users acknowledge and agree that an Administrator or another Authorized User may (a) remove their access to First Church Portal; (b) delete or change any information that such user has entered into First Church Portal; or (c) delete the entire Account, which would result in the deletion of all data from Authorized Users.
Authorized Users shall not take any action or inaction that: interferes with the First Church's ability to use First Church Portal, is disparaging to the First Church, or is contrary to the First Church's mission and/or instructions.
3. Individuals
“Individuals” are single users who have a connection with the First Church (e.g., a member of the congregation). Individuals can sign up to use and access certain features of First Church Portals. To be clear, Individuals do not have full access to all features of First Church Portals and Individuals' accounts are created by an Administrator or Authorized User. This means that the Administrators and/or Authorized Users can view information and data that Individuals have entered into First Church Portal.
Section 3 - Responsibilities of Administrators, Authorized Users, and Individuals
1. Responsibilities of the Administrator
Administrators shall follow the instructions of the First Church, and shall comply with the First Church's policies and practices that are relevant to the use of First Church Portals. Administrators shall also provide us with all necessary rights, permissions and/or consents necessary to grant us the rights and licenses in these Terms of Service, and all rights, permissions and/or consents necessary for the lawful use and transmission of personal information and data that is required for the use and operation of First Church Portals.
Furthermore, Administrators shall (a) ensure that Authorized Users and Individuals understand and comply with all First Church policies and practices that are relevant to their use of First Church Portal; (b) ensure that the Authorized Users and Individuals understand and comply with these Terms of Service and our Privacy Policy; (c) obtain all rights, permissions and/or consents from Authorized Users and Individuals that are necessary to grant us the rights and licenses in these Terms of Service; and (d) obtain all rights, permissions and/or consents from Authorized Users and Individuals for the lawful use and transmission of their personal information and data that is required for their use and operation of First Church Portal. Administrators shall cooperate with us in ensuring that they, the Authorized Users and Individuals comply with these Terms of Service.
2. Responsibilities of Authorized Users and Individuals
Authorized Users and Individuals shall follow the instruction of Administrators and First Church. Authorized Users and Individuals shall: (a) comply with all First Church policies and practices that are relevant to the use of First Church Portal; (b) comply with these Terms of Service and our Privacy Policy; (c) provide the First Church and/or Administrators with all rights, permissions and/or consents that are necessary to grant us the rights and licenses in these Terms of Service; and (d) provide all permissions and/or consents to First Church and/or Administrators for the lawful use and transmission of their personal information and data that is required for the use and operation of First Church Portal.
3. Responsibilities of All Users
All users of First Church Portal (whether you are an Administrator, Authorized User or Individual) are responsible for their respective usernames, passwords, and the security of the Account. You may never use another's username and password. You may not allow others to access or use First Church Portal with your unique username, password, or other security code. You agree to notify us immediately of any breach of security or unauthorized use of your account. You acknowledge and agree that we will not be liable for any losses caused by any unauthorized use of your username and password. You shall keep your account password secure, and take appropriate measures to safeguard the security of your username, password and electronic device(s).
In addition, all users of First Church are responsible for providing their legal full name, a valid email address or mobile phone number, and any other information requested in order to complete the signup process. If any of this information changes, the information must be immediately updated with the current information. Information can be changed or updated by going to the “Profile” area of First Church Portal and modifying the pertinent information. All users can also contact us with questions on how to update or change their information by email at info@hobartfirstchurch.com.
Finally, all users of First Church Portal shall be responsible for complying with these Terms of Service, and further understand and agree that they are responsible for all information, data and content that they enter into First Church Portal, and all activity that occurs using First Church Portal.
Section 4 - Requirement for Use of First Church Portal
1. Use of First Church Portal only for acceptable uses and not for any illegal or prohibited purpose.
As one of the conditions of your use of First Church Portal, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) First Church Portal for anything other than the Acceptable Uses, which are defined below in Section 5. You shall NOT use First Church Portal in any manner that is prohibited by these Terms of Service or which is illegal or prohibited by applicable law (including but not limited to copyright laws).
2. Comply with laws in your jurisdiction
Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable data. Specifically, you agree to comply with all applicable laws of your jurisdiction regarding the transmission of technical data and personally identifiable information exported from the United States or the country in which you reside.
3. Be over the age of 13
You must be at least the age of 13 to use First Church Portal. If you are between 13 and the age of legal consent, the Administrator must secure and verify the consent of a parent or guardian who agrees to be bound to these terms to use or access First Church Portal. To be clear, you may not use or access First Church Portal if you are under the age of 13. Any use or access to First Church Portal by anyone under the age of 13 is strictly prohibited and in violation of these Terms of Service. By using First Church Portal, you represent and warrant that you are over the age of 13 and you have (or, if you are between the age of 13 and legal consent, your parent or guardian represent has) the full right, power and authority to enter into these Terms of Service and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these Terms of Service. All Users represents and warrants that all they are fully responsible for making sure they comply with this paragraph the Terms of Service.
4. Not be previously prohibited from using First Church Portal
First Church Portal may not be used by anyone we previously prohibited from using First Church Portal.
5. Be a human
Accounts registered by "bots" or other automated methods are not permitted.
6. Only sign up for one account
One Administrator, Authorized User and Individual may not maintain more than one account.
Section 5 - Acceptable Use of First Church Portal
We are providing First Church Portal to you so that you may grow and manage your ministry efforts (the “Intended Purpose”). You agree that you will only use First Church Portal for the Intended Purpose. You specifically agree that you will NOT:
- Use First Church Portal if you are under the age of 13.
- Use First Church Portal to upload, post, email, otherwise transmit, or post links to any content or information that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age without parental consent.
- Use the First Church Portal to “stalk” or otherwise harass another.
- Use First Church Portal to impersonate any person or entity, including, but not limited to, falsely state or otherwise misrepresent your affiliation with a person or entity.
- When signing up for First Church Portal, use misleading email address or enter false and/or misleading information into First Church Portal regarding First Church.
- Use the First Church Portal to upload, post, email, otherwise transmit, or post links to any content or information that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Use First Church Portal to upload, post, email, or otherwise transmit, or post links to any content or information that facilitates hacking.
- Use First Church Portal to upload, post, email, otherwise transmit, or post links to any content or information that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement.
- Use First Church Portal to upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Use First Church Portal to upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Services.
- Use automated means, including spiders, robots, crawlers, or the like to download data from any of our databases, unless said means is by an API that we have specifically approved of.
- Conduct your own contests and promotions using the First Church Portal or use First Church Portal to upload, post, email, otherwise transmit, or post links to any information regarding any raffle, contest or game requiring a fee by participants.
- Incorporate information or content from our First Church Portal into any email or “white pages” products or services, whether browser-based, based on proprietary client-site applications, web-bates or otherwise.
- Sell, distribute or make any commercial use of Third-Party Information in a manner that could be expected to offend the person for whom the Third-Party Information is relevant.
- Engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the First Church Portal in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access First Church Portal in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional web browser, unless said system is by an API that is specifically approved of by us.
- Interfere with or disrupt First Church Portal or servers or networks connected to First Church Portal.
- Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any work, including but not limited to software which is deployed in connection with First Church Portal.
- Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive or contrary to the spirit of these Terms of Service.
Prohibition of Use
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 6 - Monitoring, Security, and Third-Party Payment Processing
1. Monitoring
We have no obligation to monitor First Church Portal or your use of First Church Portal. You acknowledge and agree that we have the right to monitor First Church Portal electronically from time to time and to disclose any information that we deem necessary to satisfy any law, regulation or other governmental request, to operate First Church Portal properly, or to protect itself or its users, affiliates, partners and contracted parties, as discussed in further detail in our Privacy Policy.
2. Security
While we take the security of First Church Portal very seriously, we cannot ensure or guarantee the security of First Church Portal. Any such use shall be at your sole risk, and you shall relieve First Church and our affiliates of all liability in connection therewith.
3. Third-Party Payment Processing
We currently do not use a third party to process payments related to First Church Portal, but reserve the right to without notice. Therefore, you may be asked by the third party payment processor to supply certain information, including credit card or other payment mechanisms. You agree that all information you provide any third party payment processor through First Church Portal will be accurate and complete. You agree to pay all charges incurred by you at the prices in effect when such charges are incurred. We are in no way responsible for any charges you or any Administrator, Authorized User or Individual incurs when making purchases or other transactions. We may retain sufficient personal information from your purchase to report to the IRS or other government authority, and retain such information for at least the minimum statutory period. Administrators, Authorized Users and/or Individuals specifically acknowledge and agree that they are responsible for the use of data related to tracking donations and/or other financial tracking through First Church Portal.
Section 7 - Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 8 - Accuracy of Billing and Account Information
Currently, we do not sell services, goods, merch, or digital items within First Church Portal. However, when we do sell, we reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made via our e-commerce platform. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Section 9 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 10 - Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 11 - User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 12 - Personal Information
Your submission of personal information is governed by our Privacy Policy.
Section 13 - Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 14 - Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall First Church, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 15 - Indemnification
You agree to indemnify, defend and hold harmless First Church and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 16 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 17 - Cancellation And Termination
Administrators, Authorized Users and/or Individuals are solely responsible for properly cancelling the Account. Email info@hobartfirstchurch.com to request to cancel your Account. Please be aware that you will no longer have access to First Church Portal and all Account Data may or may not be deleted. The is no guarantee that the Account Data can be recovered once your account is. We, in our sole discretion, have the right to suspend or terminate your Account and refuse any and all current or future use of First Church Portal for any reason at any time, including a violation of these Terms of Service. In the event we terminate your Account, the termination will result in (i) the deactivation or deletion of your Account, and (ii) the forfeiture and relinquishment of all First Church Portal Data. After termination, you will no longer have access to First Church Portal. As previously stated, we will not be responsible for any costs, expenses, or liabilities arising out of or related to the termination of your Account.
Section 18 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 19 - Change to Terms of Service
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 20 - Contact Information
Questions about the Terms of Service should be sent to us at info@hobartfirstchurch.com.