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This Agreement was last modified on January 8, 2019.
This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, https://www.breezechms.com, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by Breeze ChMS.
Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using https://www.breezechms.com, sub-domains, and any associated web-based and mobile applications (collectively, "the Site") operated by Breeze ChMS ("us", "we", or "our"). This Agreement sets forth the legally binding terms of service for your use of the Site at https://www.breezechms.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service.
Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below.
This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively "Legal Terms", constitute the entire and only agreement between you and Breeze ChMS, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.
By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
The terms "us" or "we" or "our" refers to Breeze ChMS, the owner of the Website.
A "Visitor" is someone who merely browses our Website, but has not registered as Member.
The “Organization” (ie. the Church or organization using Breeze) is our “Customer"
The “Primary Admin” is an individual, acting on behalf of the Organization, having full authority to enter into a binding contract on behalf of the Organization, that registers with the Service. Or, the individual thereafter appointed by the Organization as “Primary Admin.”
The “User” is an individual, acting on behalf of the Organization, granted access to the Service by the Primary Admin or User holding permission to add additional User access.
A “Member” is a collective identifier that refers to either an Organization, Primary Admin or User.
Our "Service" represents the collective functionality and features as offered through our Website to our Members.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".
Breeze assumes no liability due to scenarios including but not limited to fraud, functions relating to online giving, and functions relating to text giving.
The Site and its original content, features and functionality are owned by Breeze ChMS and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Our Website may contain links to third party websites that are not owned or controlled by Breeze ChMS. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Breeze ChMS has no control over, and assumes no responsibility for, the content, legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
Texting through Breeze cannot be used for marketing purposes. Texting is meant to be used for reminders and alerts. To opt-out of these messages, members can, at any time, reply with STOP and will be removed from all account messaging. Message and data rates may apply for end users.
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Michigan, United States, without giving effect to any principles of conflicts of law.
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Breeze ChMS reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
In the event of conflict among the Organization and Primary Admin or User, the Organization must resolve the conflict and provide us written instructions, signed by the Chief Executive of the Organization how to proceed with the Service. During such conflict, we may suspend Services until resolution is reached.
Our Legal Terms shall be treated as though it were executed and performed in Michigan, United States and shall be governed by and construed in accordance with the laws of Michigan, United States without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Breeze ChMS under our Legal Terms shall survive the termination of our Legal Terms.
By enabling Online Giving you agree to the Stripe Connected Account Agreement.
Payment processing services (Online Giving) for Customer Accounts on Breeze ChMS are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate your Stripe Connect Account on Breeze ChMS, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Breeze ChMS enabling payment processing services through Stripe, you agree to provide Breeze ChMS accurate and complete information about you and your business, and you authorize Breeze ChMS to share it and transaction information related to your use of the payment processing services provided by Stripe.
