At OneHope, we value your partnership and are committed to protecting our partners. Here is an overview of our Terms of Use what we expect during your digital interaction with us.
ONEHOPE, INC. TERMS OF SERVICE
Date of Last Revision: June 7, 2020
IMPORTANT — READ CAREFULLY BEFORE ACCESSING AND USING THIS SOFTWARE: THESE TERMS OF SERVICE (the “Terms of Service”) AS SET FORTH IN THIS TERMS OF SERVICE AGREEMENT (“Agreement”), AS AMENDED FROM TIME TO TIME, ARE A BINDING CONTRACT BETWEEN YOU, WHETHER PERSONALLY OR ON BEHALF OF AN ENTITY (‘‘you’’) AND ONEHOPE, INC. (‘‘OneHope’’ or ‘‘we’’). ONEHOPE, INC. IS A FLORIDA NOT FOR PROFIT CORPORATION AND THESE TERMS ARE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA.
Welcome to OneHope!
OneHope provides its services (described below) to you through its website located at www.OneHope.net (the “Website”) and through its mobile applications and related services (collectively, such services, including any new features, functionality and applications, and the Website, (the “Services”), subject to the following Terms of Service. When you sign up to use our applications to access OneHope’s ministry, worship services, faith based resources, register as a volunteer, register for childcare, register for classes and events and related Website products or services including, but not limited to, your use of an internet browser application to visit the Website, the OneHope mobile applications, features or functionality and software or access, install, or otherwise use the Services, you agree to these Terms of Service. PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE WEBSITE AND SERVICES, PARTICULARLY SECTION 15 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS, INSTALL OR OTHERWISE USE THE SERVICES.
PRIVACY: At OneHope, we respect the privacy of our users. OneHope’s use of personal information you provide to OneHope and usage data is governed by the OneHope Privacy Policy (“Privacy Policy”) at www.OneHope.net/privacy-policy. By using the Services, you consent to our collection and use of personal data as outlined in our Privacy Policy.
You may be required to register as an authorized user (“Authorized User”) with OneHope to access and use certain features of the Services. If you choose to register for these features of the Services, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Authorized User registration form. Registration data and certain other information about you are governed by our Privacy Policy. This Agreement governs the relationship, between OneHope as the service provider and you as the Authorized User identified by your user name as the individual or entity that has agreed to use the special features requiring registration for the Services as set forth in the User Account for such Services, as amended or renewed from time to time (each a “User Account”, and collectively, “User Accounts”). The Authorized User’s submission of their registration information and agreement with these Terms of Service creates a User Account with OneHope and use of any Services constitutes acceptance of the terms and conditions of the User Account as well as these Terms of Service. IF YOU ARE UNDER 13 YEARS OF AGE, YOU ARE NOT AUTHORIZED TO USE THE SERVICES, WITH OR WITHOUT REGISTERING. IN ADDITION, IF YOU ARE UNDER 18 YEARS OLD, YOU MAY USE THE SERVICE, WITH OR WITHOUT REGISTERING, ONLY WITH THE APPROVAL OF YOUR PARENT OR GUARDIAN.
The complete agreement between the parties for each User Account shall consist of the terms and conditions set forth in the User Account and these Terms of Service, and the OneHope Privacy Policy accessed at www.OneHope.net/privacy-policy. In the event of any conflict between the terms and conditions of any User Account and this Terms of Service Agreement or Privacy Policy incorporated by reference into these Terms of Service, the terms and conditions of this Terms of Service Agreement shall govern. You may opt out of future emails about our Website or the Services by following instructions in our Privacy Policy, on our Website, or contained in any email that you receive from us. We reserve the right, however, to email you important information relating to your account in accordance with Section 17 below, including any regulatory communications.
3. Proprietary Rights.
As a condition of use of the Services, especially for accessing the Services and OneHope’s Website, those who use the Services must do so only to post, send and receive messages and material that are proper and, when applicable, especially as it relates to the viewing or participation in an online worship service, conduct themselves in a proper manner, including but not limited to, the following:
b. Inappropriate Conduct Prohibited. You may not access or use the Services for any other purpose than that for which OneHope makes them available. Certain activities, even if legal, may violate OneHope’s Code of Conduct set forth above in Section 6.1 and in this Section 6.2 and ethical principles of a ministry Website governing such activities as well as user generated content, as determined by OneHope in OneHope’s sole discretion. Examples of the types of inappropriate conduct that are prohibited by this Code of Conduct include, but are not limited to, the following:
c. Authorized User Conduct. The Authorized User responsible for the management or control of other Authorized Users such as employees shall implement and maintain mechanisms and policies which periodically put its Authorized Users on notice of the OneHope Code of Conduct and all revisions thereto. The Authorized User is responsible for requesting and obtaining its Authorized User’s acknowledgements, agreement to, and compliance with, OneHope’s Code of Conduct. The Authorized User acknowledges and agrees that OneHope is not responsible for monitoring use of the Services and/or for enforcing compliance by Authorized Users with OneHope’s Code of Conduct and applicable laws and regulations. The Authorized User shall also honor all revocations of permission or consent by OneHope to the use of the Services by Authorized Users or requests by OneHope of the Authorized User for information updates and corrections and shall make reasonable efforts to ensure that all such information is complete, accurate and up to date. The Authorized User shall provide timely notice of all such revocations, updates, or corrections to OneHope. The Authorized User shall indemnify and hold harmless OneHope its affiliates, if any, and their respective officers, agents, partners and employees from any and all claims, demands, liabilities, obligations, taxes, losses, fines, costs, expenses, royalties, litigation, deficiencies or damages (including reasonable attorneys’ fees and costs of litigation) arising out of any Authorized User’s use of the Services and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth below and/or if any content that any Authorized User post’s on the Website or through the Services causes OneHope to be liable to a third party.
d. Reporting and Complaint Procedure. The following reporting and complaint procedures are available to anyone who identifies inappropriate conduct.
If you have any dispute with us, you agree that before taking any formal action, you will contact us at OneHope, Inc., 600 SW 3rd Street, Pompano Beach, Florida 33060, and OnlineSupport@OneHope.net, and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
ALL DISPUTES ARISING OUT OF OR RELATING TO THIS TERMS OF SERVICES AGREEMENT (INCLUDING ITS FORMATION, PERFORMANCE, OR ALLEGED BREACH) OR YOUR ACCESS TO OR USE OF THE MATERIALS, CONTRIBUTIONS AND WEBSITE, INCLUDING WITHOUT LIMITATION YOUR OR OTHERS’ DOWNLOADING OR CONSUMPTION OF MATERIALS OR OTHER MATERIALS AVAILABLE BY MEANS OF THE SERVICES OR THIRD PARTY APPLICATIONS OR WEBSITES, YOUR UPLOADING CONTRIBUTIONS TO THE WEBSITE, OR YOUR PURCHASING OF GOODS OR SERVICES FROM THIRD PARTIES, THAT ARE NOT RESOLVED BY THE PROCEDURES IDENTIFIED ABOVE SHALL BE EXCLUSIVELY RESOLVED UNDER CONFIDENTIAL INDIVIDUAL (NOT GROUP) BINDING ARBITRATION HELD IN BROWARD COUNTY, FLORIDA BEFORE AND IN ACCORDANCE WITH THE RULES FOR ALTERNATIVE DISPUTE RESOLUTION ESTABLISHED BY THE ALTERNATIVE DISPUTE RESOLUTION FIRM ORIGINALLY KNOWN AS JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., N/K/A JAMS, THE RESOLUTION EXPERTS (“JAMS”) IN ACCORDANCE WITH THE JAMS STREAMLINED ARBITRATION PROCEDURE RULES FOR CLAIMS THAT DO NOT EXCEED $250,000 AND THE JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES FOR CLAIMS EXCEEDING $250,000 IN EFFECT AT THE TIME THE ARBITRATION IS INITIATED, EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS ACTIONS. IN THE EVENT OF LITIGATION OR TO COMPEL ARBITRATION OR TO CONFIRM, MODIFY, VACATE, OR ENTER JUDGMENT ON AN ARBITRATION AWARD UNDER THIS SECTION, OR TO OBTAIN AN INJUNCTION UNDER THIS SECTION, THE PARTIES HEREBY EXPRESSLY AND IRREVOCABLY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS LOCATED IN BROWARD COUNTY, FLORIDA.
You and we agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND ONEHOPE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction to the extent such claims do not seek equitable relief.
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to OneHope at the address identified in Section 17 below. The notice must be sent within thirty (30) days of (a) the “Date of Last Revision” date of these Terms of Service as set forth above; or (b) your first date that you used the Services that contained any versions of the Terms of Service that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, OneHope also will not be bound by them. If OneHope changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of OneHope’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and OneHope in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND ONEHOPE REGARDING ANY ASPECT OF THE SERVICES AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.
Copyright © 2020 OneHope, Inc. and/or affiliates, suppliers, and licensors, 600 SW 3rd Street, Pompano Beach, Florida 33060. All rights reserved. Is a trademark of OneHope, Inc.