Terms of Use

1. Your Relationship with Calvary Albuquerque.

1.1 The name “Calvary ABQ” as used in this Terms of Use agreement means Calvary Albuquerque, Inc., a New Mexico nonprofit corporation, whose principal place of business is at 4001 Osuna Road N.E., Albuquerque, New Mexico 87109, United States of America. Your use of Calvary ABQ's software, systems, services, applications and web sites (collectively and including any subsequent versions of such software, systems, services, applications and web sites, the “Services”) is subject to the terms of a legal agreement between you and Calvary ABQ. This document contains some of the terms of your agreement and explains how the agreement is created.

1.2 Unless otherwise agreed in writing with Calvary ABQ, your agreement with Calvary ABQ will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.

1.3 Your agreement with Calvary ABQ will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these other terms are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

 

1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Calvary ABQ in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.

1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence over the Universal Terms in relation to that Service.

2. Accepting the Terms.

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You accept the Terms by:

(A) Clicking to accept or agree to the Terms, where this option is made available to you by Calvary ABQ in the user interface for any Service; or

(B) By actually using the Services. In this case, you understand and agree that Calvary ABQ will treat your use of the Services as your acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with Calvary ABQ, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

2.4 Before you continue, you should print off or save a local copy of the Universal Terms and any applicable Additional Terms for your records.

3. Language of the Terms.

3.1 Where Calvary ABQ has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Calvary ABQ.

3.2 If there is any contradiction between what the English language version of the Terms says and what any other translation of the Terms says, then the English language version shall take precedence.

4. Provision of the Services by Calvary ABQ.

4.1 Calvary ABQ has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Calvary ABQ itself. You acknowledge and agree that Subsidiaries and Affiliates are entitled to provide the Services to you subject to the Terms.

4.2 Calvary ABQ is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Calvary ABQ provides may change from time to time without prior notice to you.

4.3 As part of this continuing innovation, you acknowledge and agree that Calvary ABQ may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally, in Calvary ABQ's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Calvary ABQ when you stop using the Services.

4.4 You acknowledge and agree that while Calvary ABQ may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Calvary ABQ at any time, in Calvary ABQ's sole discretion.

5. Use of the Services by you.

5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Calvary ABQ will always be accurate, correct and up to date.

5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Calvary ABQ, unless you have been specifically allowed to do so in a separate agreement with Calvary ABQ. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and you shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

5.5 Unless you have been specifically permitted to do so in a separate agreement with Calvary ABQ, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

5.6 You agree that you are solely responsible for (and that Calvary ABQ has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Calvary ABQ may suffer) of any such breach.

6. Your Passwords and Account Security.

6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

6.2 Accordingly, you agree that you will be solely responsible to Calvary ABQ for all activities that occur under your account.

6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Calvary ABQ immediately.

7. Privacy and your Personal Information.

7.1 For information about Calvary ABQ's data protection practices, please read Calvary ABQ's privacy policy, as amended from time to time, and which is incorporated into the Terms by reference.

7.2 You agree to the use of your data in accordance with Calvary ABQ's privacy policies.

8. Proprietary rights.

8.1 You acknowledge and agree that Calvary ABQ (or Calvary ABQ's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Calvary ABQ and that you shall not disclose such information without Calvary ABQ's prior written consent.

8.2 Unless you have agreed otherwise in writing with Calvary ABQ, nothing in the Terms gives you a right to use any of Calvary ABQ's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

8.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Calvary ABQ, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Calvary ABQ's brand feature use guidelines as updated from time to time.

8.4 Other than any limited license explicitly set forth in the Terms, Calvary ABQ acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Calvary ABQ, you agree that you are responsible for protecting and enforcing those rights and that Calvary ABQ has no obligation to do so on your behalf.

8.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.

8.6 Unless you have been expressly authorized to do so in writing by Calvary ABQ, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

9. Ending your Relationship with Calvary ABQ.

9.1 The Terms will continue to apply until terminated by either you or Calvary ABQ as set out below.

9.2 If you want to terminate your legal agreement with Calvary ABQ, you may do so by (a) notifying Calvary ABQ at any time and (b) closing your accounts for all of the Services which you use, where Calvary ABQ has made this option available to you. Your notice should be sent, in writing, to Calvary ABQ's address which is set out at the beginning of these Terms.
9.3 Calvary ABQ may at any time, terminate its legal agreement with you if:

(A) You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(B) Calvary ABQ is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) Calvary ABQ, in its sole discretion determines that it no longer desires to provide some or all of the Services to you.

9.4 Nothing in this Section shall affect Calvary ABQ's rights regarding provision of Services under Section 4 of the Terms.

10. LIMITATION OF LIABILITY.

10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT CALVARY ABQ, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(i) ANY CHANGES WHICH CALVARY ABQ MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); OR

(ii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; OR

(iii) YOUR FAILURE TO PROVIDE CALVARY ABQ WITH ACCURATE ACCOUNT INFORMATION; OR

(iv) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

10.2 THE LIMITATIONS ON CALVARY ABQ'S LIABILITY TO YOU IN PARAGRAPH 10.1 ABOVE SHALL APPLY WHETHER OR NOT CALVARY ABQ HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

11. Other Content.

11.1 The Services may include hyperlinks to other web sites or content or resources. Calvary ABQ may have no control over any web sites or resources which are provided by companies or persons other than Calvary ABQ.

11.2 You acknowledge and agree that Calvary ABQ is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

11.3 You acknowledge and agree that Calvary ABQ is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

12. Changes to the Terms.

12.1 Calvary ABQ may make changes to the Universal Terms or the Additional Terms from time to time. When these changes are made, Calvary ABQ will make a new copy of the Universal Terms or the Additional Terms, as applicable, available.

12.2 You understand and agree that if you use the Services after the date on which the Universal Terms or the Additional Terms have changed, Calvary ABQ will treat your use as acceptance of the updated Universal Terms or Additional Terms from that date forward.

13. Indemnity.

13.1 You agree to indemnify and hold harmless Calvary ABQ and its Subsidiaries and Affiliates from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of: (a) materials you submit, post, transmit or otherwise make available through the Services; (b) your use of the Services; (c) your violation of these Terms; and (d) your violation of any rights of any third-party.

14. Dispute Resolution – Binding Arbitration.

14.1 (1) Calvary ABQ and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;

• claims that arose before this or any prior agreement; and

• claims that may arise after the termination of this Agreement.

Notwithstanding the foregoing, either party may bring an individual action in the Bernalillo County Metropolitan small claims court. You agree that, by entering into this agreement, you and Calvary ABQ are each waiving the right to a trial by jury. This agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

14.2 A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Calvary ABQ should be addressed to: Administrative Pastor, Calvary Albuquerque, Inc., 4001 Osuna Road, N.E., Albuquerque, New Mexico 87109 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Calvary ABQ and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Calvary ABQ may commence an arbitration proceeding.

14.3 The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The arbitrator is bound by the terms of this agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless Calvary ABQ and you agree otherwise, any arbitration hearings will take place in Bernalillo County, New Mexico, USA. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

14.4 The arbitrator may award declaratory or injunctive relief only in favor of the party seeking such relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and Calvary ABQ agree that any damage award is limited to actual direct damages only and the parties hereby waive any right to claim punitive damages, incidental damages, consequential damages, damages for lost profit and/or exemplary damages.

15. Image License and Release

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby irrevocably grant to Calvary Albuquerque, Inc., a New Mexico nonprofit corporation (hereinafter referred to as “Calvary”), its licensees, agents, successors and assigns, the right (but not the obligation), in perpetuity throughout the world and in all media either now or heretofore known or unknown, a license (including without limitation the right to grant sublicenses) to use in any manner Calvary deems appropriate, and without limitation in connection with Calvary’s mission and operations, by whatever means exhibited, advertised or exploited, (i) my likeness and appearance in digital media, video form or still photographs, (ii) recordings of my voice taken or made of me by Calvary or others, and (iii) my name. On my own behalf, and on behalf of my heirs, executors, administrators, successors and assigns, I hereby release Calvary, its agents, licensees, successors and assigns, from any and all claims, payments, liabilities and damages arising out of the rights granted hereunder, or the exercise thereof, as provided by the terms of this Image License and Release.


May 14, 2020