This Agreement with DeSales Media Group, Inc. (DeSales or we) applies to your use of the payment service accessed by the Internet (hereinafter referred to the Service).
In this Agreement, you or your means any person or entity using the Service. The Parish means the Shrine Church of Our Lady of Mount Carmel.
1. USE OF SERVICE.
a. Use of the Service is granted to legally authorized account holders, and their designees, who are at least eighteen (18) years of age (Authorized Users) to access information and make payments to the Parish using this Service.
2. PAYMENTS TO PARISHES.
a. You may make payments by using a credit card, debit card or U.S. bank account. The Parish receives the proceeds of all payments less any convenience fees associated with the transaction. Use of payments at the Parish is governed exclusively by your agreement or arrangement with the Parish, and we are not responsible for the Parishs handling of payments after the Parish receives the funds.
b. Payment processing shall be performed by a third party, designated by DeSales from time to time, that is compliant with the payment card industry data security standards (PCI compliant). The designated third party payment processor will collect credit card, debit card or U.S bank account information from you.
c. Payments shall be processed promptly for the Parishs use. However, a number of factors, several of which are outside of our control, will contribute to when the funds are actually received by the Parish. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system. If you have any questions regarding Payments, please contact the designated party at the Parish.
3. FEES AND CHARGES.
a. The Service is a fee-based service provided by DeSales and its affiliates.
b. You may be required to pay a convenience fee for your use of this Service. If you are required to pay a convenience fee, you will be notified prior to finalizing your payment of the exact amount of the convenience fee.
a. All donations are final and non-refundable.
The Service may only be accessed by the Internet. It is your responsibility to meet these requirements.
Use of the Service by the Internet:
(a) requires access to the Internet;
(b) requires an up-to-date internet browser; and
(c) may require other associated hardware and/or software.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
a. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. DESALES MAKES NO WARRANTY AND DISCLAIMS LIABILITY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR FREE FROM VIRUSES OR OTHER DEFECTS OR HARMFUL COMPONENTS. DESALES DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE. DESALES MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
b. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY CLAIMS, LOSSES, ACTIONS, DAMAGES OR INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE OF THE SERVICE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, UNTIMELINESS OR UNAUTHENTICITY OF ANY INFORMATION, DELAY OR INTERRUPTION IN OPERATION OR TRANSMISSION, INTERCEPTION OF TRAFFIC SENT OR RECEIVED, COMMUNICATION LINE FAILURE, SECURITY BREACH, EAVESDROPPING, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION, OR THE USE OF THE SERVICE.
c. IN NO EVENT WILL DESALES, ITS DESIGNEES, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY PUNITIVE DAMAGES, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE.
DeSales may immediately terminate this Agreement without notice, including, but not limited to, if you engage in any conduct which we, in our sole discretion, consider to be unacceptable, or if you breach this Agreement. Sections 6, 7, 8, 10 and 11 will survive termination of this Agreement.
DeSales logos, slogans, all sounds, and all related logos, products and services described in the Website are trademarks or registered trademarks of DeSales or of third parties.
The Service and website are the property of DeSales and may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. The content, and the selection, coordination, arrangement and enhancement of such content, are the property of their respective owner. You may not modify, copy, record, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
You agree to defend, indemnify and hold DeSales and its affiliates, and any respective officers, employees, agents and contractors, harmless from and against all claims, expenses and damages, including reasonable attorneys fees, arising out of or resulting, directly or indirectly, from any act or omission by you with respect to the Service, a Payment or the Parish.
11. MISCELLANEOUS TERMS.
a. Entire Agreement. This Agreement, other agreements, policies and any operating rules posted on the Website or provided to you through the Service constitute the entire agreement between you and us with respect to your use of the Service, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
b. Change in Terms. DeSales reserves the right at any time to change, add to or delete any aspect or feature of the Service and the terms and conditions of this Agreement, including, but not limited to, with respect to convenience fees for use, except where obligated by an existing agreement with a parish. We will provide notice of any such changes by posting notice to the Website or as otherwise required by law. Any use of the Service by you after such notice shall be deemed to constitute acceptance by you of such changes.
c. Applicable Laws. This Agreement is governed by the laws of the State of New York without regard to its conflict of laws provisions.
d. Waiver. Any waiver of our rights must be in writing and signed by a duly authorized officer of DeSales. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
e. Partial Invalidity. If any provision of this Agreement shall be held invalid or unenforceable by competent authority, such provision shall be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it shall then appear. The total invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted.
f. Arbitration. All disputes arising out of or relating to this Agreement (including its formation, performance or alleged breach) or your use of our Service will be exclusively resolved under confidential binding arbitration held in Brooklyn, NY before and in accordance with the Rules of the American Arbitration Association. The arbitrators award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, DeSales will have the right to seek injunctive or other equitable relief in state or federal court located in New York to enforce these terms or prevent an infringement of a third partys rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
g. Notices and Electronic Communications. All notices required or permitted to be given under this Agreement will be in writing and delivered to the other party by electronic mail. All notices will be deemed received 24 hours after the message was sent, if no system error or other notice of non-delivery is generated. Each party agrees that any notice that it receives from the other party electronically satisfies any legal requirement that such communications be in writing.
h. Waiver of Class Action Rights. By entering into this Agreement, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with this Agreement must be asserted individually.
i. Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Service must be filed within one (1) calendar year after such claim or cause of action arises, or forever be barred.
j. Expiration of Service. If you fail to use the Service for twelve (12) consecutive months, your authorization may expire and your information may be deleted. If your authorization is deactivated, you must re-register to use the Service.
k. Assignment of Rights. DeSales may assign, transfer or delegate its rights and/or obligations under this Agreement to a successor by merger or sale of substantially all of the assets of DeSales or more than 50% of the voting stock of DeSales.