Terms of Service
These Revive Parishes Terms of Service (these “TOS”) govern your use of and access to the reviveparishes.com website, the Revive Parishes platform, and any related software (collectively, the “Services”). This is a binding agreement between you and Revive Catholic Solutions LLC, a Colorado limited liability company (“we,” “us,” “our,” and similar terms). If you are associated with an organization (the “Prime User”) who is a user of the Services and, as a result, you have been given access to a Revive Parishes team, then the terms of these TOS that reference Revive Parishes teams will also apply to you. If you are a Prime User, then the terms of these TOS that reference Prime Users also apply to you.
As a condition of your use of and access to the Services, you agree as follows:
1. Acceptance of Terms. By clicking “I accept”, you agree to the terms in these TOS, our Privacy Policy found at reviveparishes.com/privacy and our Acceptable Use Policy at reviveparishes.com/use. By continuing to use the Services, you continue to agree to be bound by these TOS, our Privacy Policy, our Acceptable Use Policy.
2. Use of the Services. For and in exchange for the mutual agreements set forth in these TOS, we will provide Prime Users and their users with access to the Services during the Term (as defined below). Prime Users and users will only use the Services in accordance with these TOS.
3. User Responsibilities. Your use of the Services shall be subject to the following conditions:
3.1. You are responsible for your own conduct and use of the Services, including the accuracy, quality, and legality of any comments, or information that you transmit, post, or store in the Services, regardless of format (“Data”);
3.2. Except in connection with a Revive Parishes team, you will not allow a third party to access your account or share your login credentials and you will keep your account information current and secure;
3.3. You will not disassemble, reverse engineer, modify, translate, alter, decompile, or create derivative works from the Services; and
3.4. You will not use the Services for any purpose that violates our Acceptable Use Policy found at reviveparishes.com/privacy the rights of any third party, or applicable law.
4. User Representations and Warranties. You represent and warrant to us that: (a) you have the requisite right and authority to use the Services and enter into this TOS; and (b) you are responsible for the use of your Revive Parishes account.
5. Permissions.
5.1. You give us permission to send requests and transmit Data to your mobile phone number and email address, including authorization codes related to 2-factor authentication requests.
5.2. You grant us permission to access and review your Revive Parishes account to comply with technical requests, customer service requests, and for compliance with these TOS, but we have no obligation to ensure your or any other user’s compliance with these TOS.
5.3. We may prepare, use, sell, and distribute aggregated de-identified information collected by and stored in the Services. In addition, we may share your usage statistics (but not Data) to our third party marketing partners.
5.4. If you use a Paid Account (as defined below), you grant us permission to share your billing information with our third-party billing services provider, subject to applicable law.
6. Paid Accounts.
6.1. If you have registered for a free trial Revive Parishes account, you will receive a limited number of free classes through the Services. Once you have used all of your free classes, you will not be able to view additional classes unless you choose to upgrade to a Paid Account (as defined below). You may upgrade to a Paid Account at any time.
6.2. You may view additional classes by adding a paid subscription to your Revive Parishes account (turning your Revive Parishes account into a “Paid Account”). We will automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. You are solely responsible for all applicable taxes, and we will charge tax when required to do so.
6.3. You may cancel your Paid Account at any time. Refunds will only be issued if required by applicable law or as expressly set forth in these TOS. Your Paid Account will remain in effect until it’s cancelled or terminated under these TOS. Following the expiration of your then-current subscription period, we may change the fees for any renewal period. We will automatically bill you for renewals of your Paid Account until you disable auto-renewals through your dashboard.
6.4. If you have a Paid Account, we will suspend your Paid Account if you fail to pay on a periodic renewal date or your credit card is declined or invalid until we have received full payment for all amounts due under your account. You will also receive notification of such suspension via the Revive Parishes dashboard when you log in to your Revive Parishes account. We will notify you via the Revive Parishes dashboard or the email address associated with your Revive Parishes account [30] days before your card will expire.
7. Revive Parishes Teams. You may only join a Revive Parishes team with an invitation received from a Revive Parishes team owner via the email address to which the invitation was sent. If you join a Revive Parishes team, you must use it in compliance with the Prime User’s terms and policies. Please note that Revive Parishes team accounts are subject to the Prime User’s control. Your team owners and administrators may be able to restrict or terminate your access to a Revive Parishes team account, including changing your login information and accessing your Data. Any breach of these TOS by you will also constitute a material breach of the Prime TOS and we will have the right to immediately terminate these TOS, suspend your Revive Parishes account and the Prime User’s access to the Services, or exercise any other right or remedy available to us under these TOS, the Prime TOS, at law, or in equity.
8. Terms Applicable to Prime Users.
8.1. The Prime User is responsible for use of the Services by its users. The Prime User will comply with laws and regulations applicable to its use of the Services, if any. The Prime User will obtain and maintain from its users any consents necessary to allow its Revive Parishes team administrators and owners to engage in the activities described in these TOS and to allow us to provide the Services.
8.2. If the Prime User or one of the Prime User’s users (a) violates these TOS; (b) violates its terms of service with us; (c) violates our Acceptable Use Policy or (d) uses the Services in a manner that we reasonably believe will cause us liability, then we may suspend or terminate the Prime User’s and/or the applicable user’s Revive Parishes account, suspend the Prime User’s and all of its users’ access to the Services, or exercise any other right or remedy available to it under these TOS, at law, or in equity. Notwithstanding anything in these TOS, we may suspend use of and access to the Services in the event of (x) use of the Services that do or could disrupt the Services, other customers or users’ use of the Services, or the infrastructure used to provide the Services; or (y) unauthorized third party access to the Services
8.3. The Prime User represents and warrants to us that: (a) the Prime User has the requisite right and authority to use the Services and enter into this TOS, and that all necessary corporate action has been taken to authorize the same; (b) the Account Manager has the requires authority to fulfill their obligations under these TOS; and (c) the Prime User’s execution and performance of these TOS is not in conflict with, or cause a default under, any other agreement by which the Prime User is bound.
8.4. The Prime User may specify users as team administrators or owners through The Dashboard. The Prime User is responsible for maintaining the confidentiality of passwords and team administrator and owner accounts, and managing access to Revive Parishes team administrator and owner accounts. The Prime User is solely responsible for the internal management and administration of its Revive Parishes team and its users’ use of the Services.
9. Data Storage. We have no obligation to store Data for any period of time. We will not be liable for the deletion, destruction, damage, loss, or failure to store any Data.
10. Security. We will employ security measures in regards to the Services and your Data in accordance applicable industry practice. In the event of a data breach involving your Data, we will promptly notify you thereof.
11. Intellectual Property Rights. You acknowledge that all right, title, and interest in and to any and all technology and intellectual property forming part of the Services, including, without limitation, all patents, inventions, copyrights, trade secrets, trademarks, service marks, trade names, and other intellectual property rights (collectively, “Intellectual Property”), in and to the Services is our sole property. Nothing in these TOS gives you any right, title, claim, or interest in or to any of our Intellectual Property. You may not use our Intellectual Property, in any manner, except as permitted by these TOS.
12. Term; Termination. These TOS are effective when you access of the Services and continue until the earlier of: (a) you haven’t had a Paid Account or accessed the Services for 12 consecutive months; or (b) such time as we terminate your access to the Services. Upon termination of these TOS, we may delete all of your Data and your Revive Parishes account and you will no longer be allowed to access the Services.
13. NO WARRANTIES. THE SERVICES ARE PROVIDED “AS IS.” WE DO NOT MAKE AND YOU SHALL NOT RECEIVE ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, USAGE OF TRADE, UPTIME GUARANTEE, AND COURSE OF DEALING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
14. Indemnification. You agree to defend and hold us harmless against any claim, demand, suit or proceeding made or brought against us by a third party in connection with your breach of these TOS or your use of the Services in any way that violates a third party’s Intellectual Property rights or applicable law, and you agree to indemnify us for any damages, losses, liabilities, claims, attorney fees and costs awarded against us in connection with the same.
15. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM CUMULATIVE AND AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR RELATED IN ANY WAY TO THESE TOS FROM ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT OR OTHER STATUTORY, LEGAL OR EQUITABLE GROUNDS, SHALL BE LIMITED TO THE GREATER OF $20 OR 100% OF ANY AMOUNT YOU’VE PAID UNDER YOUR CURRENT SUBSCRIPTION PLAN. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. Arbitration. Except as may otherwise be provided in these TOS, to the maximum extent permitted by law, all disputes, controversies, claims, or demands of any kind or nature arising between the parties in connection with these TOS, whether at law or in equity or based upon common law or any federal or state statute, rule, or regulation will be resolved through binding arbitration. Any arbitration commenced hereunder shall be initiated in Denver, Colorado and shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA”) from time to time in force. The arbitration shall occur before a single arbitrator (the “Arbitrator”) that shall be selected in accordance with the rules of the AAA. This submission and agreement to arbitrate shall be specifically enforceable.
17. Miscellaneous.
17.1. These TOS shall inure to and be binding upon our successors and assigns.
17.2. We shall not be liable or responsible to you or any other party, nor shall we be deemed to have defaulted under or breached these TOS for any failure or delay in fulfilling or performing any term of these TOS, when and to the extent such failure or delay is caused by or results from acts beyond our control, including without limitation, the following force majeure events: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in effect on or after the date of these TOS; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (i) shortage of adequate power or disturbances to telecommunications and internet infrastructure. In the event that we cannot remedy our failure or delay to perform for any of the above reasons, and such failure or delay remains uncured for a period of 60 days, either you or we may terminate these TOS.
17.3. Only we may modify these TOS, our Privacy Policy, or our Acceptable Use Policy. If we modify, amend, or update these TOS, such modified, amended, or updated version of these TOS will be posted on the Revive Parishes website.
17.4. Any notice which may be permitted or required under these TOS shall be delivered personally, or by email, or sent by United States registered or certified mail, postage prepaid, addressed: (a) to us at Revive Catholic Solutions LLC, Attn: [●], 6422 S. Quebec St., Bldg #4, Centennial, CO 80111, email: [●], and (b) to you at the contact information provided in your profile. Notice given by email shall promptly be confirmed by registered or certified mail or overnight carrier shall be deemed to be received upon verification that such email was received by the other party. Notice by registered or certified mail or overnight carrier and shall be deemed to be received 2 days following the date of mailing, provided such notice is properly addressed and sufficient postage is affixed thereto, or the actual date of receipt, whichever is earlier
17.5. If any part of these TOS are held by any court of competent jurisdiction to be invalid, the remaining parts of these TOS will continue to be valid and enforceable as to the parties hereto. If the laws of the country you are located in prohibit any of the terms of these TOS, then the laws of such country will control.
17.6. Our waiver or failure to exercise any right provided for in these TOS will not be deemed a waiver of any other right under these TOS.
17.7. These TOS are governed by, construed, and enforced in accordance with the laws of the State of Colorado, United States of America, without reference to, or application of, its conflict of laws principles. Notwithstanding the terms of Section 15, any litigation under these TOS must be brought in a state or federal court sitting in the City and County of Denver, Colorado.
17.8. These TOS shall not be deemed to create any rights in third parties.
