eCatholic Terms
of Service Agreement

By signing up for or using the eCatholic Products or Services, you agree to be bound by the terms and conditions of this Agreement, which may be modified from time to time. If you do not agree to these terms and conditions, you may not use these Products or Services. If you sign up for or use eCatholic LIVE, you also agree to be bound by the terms and conditions of the StreamSpot Customer Agreement, StreamSpot Terms of Use Agreement, and StreamSpot Privacy Policy. Any mention of payments for the streaming video services in the StreamSpot Customer Agreement shall be made to eCatholic instead of StreamSpot.
 

1 - Agreement

This Terms of Service Agreement (the “Agreement​”) is between you and WEBPRO PRODUCTIONS, LLC d/b/a eCatholic (“eCatholic​”, “we​”, “us​”, or “our​”) and applies to your use of any or all of our Products and Services offered on eCatholic.com (the “Site”) . As used herein, “You​” (and “you​”) and “Your​” (and “your”​) refer to your organization (“Organization​”) such as a Catholic parish, diocese, school, ministry, or other organization, and those using the Products or Services on behalf of the Organization (“Users”​).
 

2 - Description of Products and Services

eCatholic offers the following products (collectively, the “Products” or “Platform”) for your use:

Websites - eCatholic Websites enables your Organization to create and maintain a website using our website platform which includes a proprietary content management system and website hosting. "Website" refers to the website that you create using the Platform and “Domain” refers to the domain name(s) that You use in connection with the Website.

Stock Photos - eCatholic Stock Photos is a library of images made available to you for use on the eCatholic Platform. You may not distribute or use the images made available through eCatholic Stock Photos for any other purpose other than use on your Website or through your use of the Platform. You may purchase high-resolution digital versions of the images for use with other media by visiting photos.eCatholic.com.

Donations and Payments - eCatholic Payments enables your Organization to accept one­-time and recurring payments and donations (collectively, “Payments​” or “Donations"​) from donors (“Donors​”) through your Website that are then deposited into your Organization's bank account (“Organization Bank Account”​). Payments and donations may be received via credit card, debit card, or bank account transfers (“ACH​”). eCatholic Payments exchanges information with a qualified payment processor (“Merchant Account​”) to transfer funds from a Donor’s credit card, debit card, or bank account to the Organization Bank Account. You must have an account with a qualified Merchant Account before you can use our Services. eCatholic Payments currently works with two payment processors, Stripe, Inc. and CardConnect - A Fiserv Company ("CardConnect"), which utilizes a gateway provided by BluePay Processing (“BluePay​”). During our registration process, you will be directed to sign up for a Merchant Account with Stripe or CardConnect. Stripe, CardConnect, and BluePay are independent of eCatholic Payments and have their own eligibility requirements, terms of use, privacy policy, and payment schedules. Payments received through your Website using eCatholic Payments are processed almost instantaneously through Stripe or BluePay / CardConnect but usually take a couple days (sometimes longer) to be deposited into your Organization Bank Account.

Video Streaming - eCatholic LIVE is a video streaming service provided to You through a special partnership between eCatholic and StreamSpot - A SubSplash Company (“StreamSpot”). The video streaming service and associated equipment is provided by StreamSpot. If you also have a Website with eCatholic, eCatholic provides you with a module that allows you to easily drag-and-drop eCatholic LIVE videos onto your Website. You pay eCatholic for the services provided by StreamSpot and eCatholic in turn pays StreamSpot.

In addition to the Platform, eCatholic also offers various services (“Services”) as outlined on the Site. These Services are governed by this Agreement.
 

3 - Subscription

eCatholic provides You with a non-exclusive, non-transferable, limited license (“Subscription”) to use the Platform, which You agree to use in accordance with this Agreement. The Subscription shall be in effect so long as You pay your Subscription fees and any other fees you owe eCatholic, and so long as your use of the Platform has not been terminated by eCatholic or you. You may not sub-license or charge others to use or access the Platform without first obtaining written permission from eCatholic.
 

4 - Taxes

You are responsible for determining, collecting, withholding, reporting, and paying any and all taxes related to Payments received by use of the Platform to the appropriate tax authorities. We are not responsible for determining, collecting, withholding, reporting, or paying any taxes related to Payments received by use of the Platform to the appropriate tax authorities.

You are responsible for 1) determining whether Payments made by Donors qualify as tax ­deductible and 2) by using the Platform, draft any text necessary to properly and accurately inform Donors accordingly. You are also responsible for reporting to Donors, as required by law, tax­ deductible Donations that they make to your Organization using the Platform and the amount of any goods or services provided in exchange for such Donations.
 

5 - Intellectual Property

You may use the Services only for their intended purpose as outlined above under “Description of Service.” Any other use is strictly prohibited.

Unless otherwise specified in this Agreement, eCatholic and/or its suppliers own all rights, title, and interest (including all intellectual property rights) in and to the Platform, Site, and software, technology, text, data, information, graphics, video, audio, documents, files, and web pages used to make available and in connection with the Platform (collectively, “eCatholic Software​”). The eCatholic Software is protected to the maximum extent permitted by copyright laws, patent laws, trademark laws, and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the eCatholic Software is expressly prohibited. The eCatholic Software, its structure, sequence and organization and source code are considered trade secrets of eCatholic and/or its suppliers and are protected by trade secret laws. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the eCatholic Software.

“eCatholic”, "eCatholic Websites", “eCatholic Stock Photos”, “eCatholic Payments”, “eCatholic LIVE”, “WEBPRO PRODUCTIONS, LLC”, and other related logos, graphics, designs, icons, scripts, and service names are trademarks, registered trademarks, or service marks of eCatholic and/or its suppliers (collectively, “Trademarks​”), and may not be copied, reproduced, or distributed in any way without prior written consent from eCatholic. You will notify eCatholic of any violations of its intellectual property rights that you become aware of, in writing or by email.
 

6 - Payment Terms

For use of the Products and Services, You agree to pay eCatholic in advance for all applicable fees incurred by You in connection with your use of the Products and Services. Payments may be made annually or monthly automatically via credit/debit card or ACH (electronic check), or annually via Check. You will update any changes to Your credit/debit card or ACH information via the Platform; otherwise Your access to the Platform may be suspended or interrupted. For the use of eCatholic Payments, You agree to pay a minimal service fee (“Service Fee” or “Service Fees”) for all Payments processed through the associated Merchant Account. For Stripe Merchant Accounts, the Service Fee shall be the difference between the current processing fees listed on the Site and the interchange fees and other processing fees charged by Stripe to eCatholic. For CardConnect Merchant Accounts, the Service Fee shall be 1%. You agree that eCatholic will automatically debit the Organization Bank Account for the Service Fees at the time of the transaction for Stripe Merchant Accounts and once a month for CardConnect Merchant Accounts. In addition to the Service Fees, You will be responsible for any potential fees associated with your Merchant Account including transaction fees, monthly fees, and non-compliance fees. Your Merchant Account will charge you directly for these fees. Should your bank or credit/debit card company charge us any fees such as, but not limited to, insufficient funds "NSF" or rejection fees or reversal fees, you will be responsible for these fees. All fees shall be paid in U.S. dollars.

Your failure to pay the applicable fees related to the Products or Services and/or any other amounts due at the time of collection will be a breach of this Agreement. eCatholic reserves the right to deactivate or cancel your use of the Platform due to unpaid fees and such deactivation or cancellation will result in the suspension of use of the Platform, and all images that originated from use of the Platform will be deleted. You will be liable for our costs associated with the collection of any unpaid fees, including but not limited to attorneys’ fees, court costs, and collection agency fees.

eCatholic reserves the right to change any fees or billing methods at any time related to the Products or Services. However, such modifications shall not take effect earlier than thirty (30) days after eCatholic posts such modifications on the Site.
 

7 - Termination

You may terminate this Agreement by canceling the Products or Services at any time by contacting us. We may terminate this Agreement and cancel the Products or Services for any reason at any time upon notice to you. You agree that any applicable fees related to the Products or Services or other amounts due to us as outlined in this Agreement, or that you have a legal obligation to pay us, will be due and payable upon termination of this Agreement. We may also suspend your use of the Products or Services as outlined in the Payment Terms of this Agreement, or for any other reason, at any time. Upon termination of this Agreement by you or us, no full or partial refunds for previous payments will be issued. Upon termination of use of eCatholic Stock Photos, any images used on your Website or with the Platform that originated from eCatholic Stock Photos will be deleted. Upon termination or suspension of eCatholic Payments, you agree that we will not be liable to you for any compensation, reimbursement, or damages, real or potential, ­related to the loss of Payments from current or potential Donors. Sections 5, 7, 8, 9, 13, 19, 20, 21, 22, 23, 24, 26, and 29 of this Agreement will survive and remain in effect upon the termination of this Agreement.
 

8 - Your Content

You, and not eCatholic, are entirely responsible for all content that you create on, post to, or upload using the Platform, including information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, "Your Content"). In connection with Your Content, You, and not eCatholic, are also responsible for compliance with all laws, regulations and ordinances connected with all aspects of your substantive use of the Platform (excluding any responsibility for the Platform or any related proprietary material provided by eCatholic). You shall not use the Platform for any illegal purpose in violation of any local, state, federal or international law. You must provide all required and appropriate warnings, information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions (collectively, "Information and Actions") in connection with Your substantive use of the Platform. If the Platform does not provide adequate facility or features for You to provide such Information and Actions, then You shall not use the Platform.

In the event that the Products or Services are terminated by eCatholic or you, you have a right to copy-and-paste Your Content off the Website and to download any files that you have uploaded to the Website, but eCatholic cannot and will not provide you with any form of export of your Website or Your Content created on, posted to, or uploaded to the Platform.
 

9 - Third Party Content

For Your convenience, the Platform contains some products, services, content and/or information from third party providers and/or links to websites ("Third Party Content"). Such Third Party Content is not under the control of eCatholic and eCatholic is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. eCatholic is under no obligation, but does reserve the right to pre-screen Third Party Content available on the Platform and does not assume any responsibility or liability for the content provided by others. eCatholic is providing such Third Party Content to You only as a convenience, and the inclusion of such content does not imply endorsement by eCatholic of such content. You may be subject to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or websites. eCatholic does reserve the right to remove content that, in its judgment, does not meet its standards, but eCatholic is not responsible for any failure or delay in removing such material.

eCatholic is not and will not be responsible for (i) the terms and conditions of any transaction between You and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that You have a dispute with any such third party, You release eCatholic (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
 

10 - Prohibited Actions on Website

eCatholic does not control Your Content posted via the Platform and as such, does not guarantee the accuracy, integrity or quality of such content. eCatholic reserves the right, but is not obligated, to review Your Content posted via the Platform and may remove any such materials at its sole discretion, with or without notice, at any time.

All of Your Content must be "Church appropriate" as determined by eCatholic and in accordance with the teachings of the Catholic Church. eCatholic reserves the right to remove all "inappropriate" content and/or materials from the Website or Platform as determined by eCatholic, including but not limited to inappropriate pictures, documents, text, or other files, as well as any content that is not in accordance with the teachings of the Catholic Church.

eCatholic also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the Website or Platform at eCatholic's sole discretion.

You agree that (i) eCatholic is not responsible and assumes no liability for any content stored, transmitted or displayed by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, vulgarity or profanity you may encounter through use of the Website or Platform; (ii) all content that is uploaded, downloaded, stored, published, transmitted, reproduced, displayed or distributed on/through the Website and Platform is the sole responsibility of the person who uploaded, downloaded, stored, published, transmitted, reproduced, displayed or distributed it; (iii) downloading and uploading content to the Website and Platform is done at your own risk (and eCatholic makes no warranties regarding the security of your content, which may be deleted, modified, or damaged, and you are solely responsible for any loss or damage to your files or to your computer that may result in whole or in part from your use of the Website or Platform); (iv) by providing access to content on the Website or Platform, eCatholic is not providing you with permission to copy, display or distribute material for which you do not own the copyright (and you may not copy, display or distribute such material without the written consent of the copyright owner, and you are solely responsible for any copyright violations that you may incur as a result of your activities on the Website or Platform).

With respect to Your Content on the Website and Platform, You agree NOT to:

• a) post, upload or otherwise transmit any content which is misleading to others or impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity to others, including, but not limited to, consumers;
• b) post, upload or otherwise transmit any content that is inappropriate, harmful to minors, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially objectionable;
• c) post, upload or otherwise transmit any content that You do not have a right to post and transmit under any law or under contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• d) post, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• e) post, upload or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment and/or attempt to access the accounts of others, or attempt to penetrate security measures of eCatholic, its vendors or suppliers or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data;
• f) post, upload or otherwise transmit any materials that impose an unreasonable or disproportionately large load on eCatholic's infrastructure that exceed the limits provided by the Platform for which You registered;
• g) post, upload or transmit any unsolicited or unauthorized advertising, promotional materials that are considered by law "spam," "chain letters," or "pyramid schemes";
• h) interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
• i) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
• j) forge any headers or other manipulation of identifiers in order to disguise the origin of any content transmitted through the Platform;
• k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; or
• l) sell, distribute, disseminate or link to any sites for marketing, sales, distribution of: firearms, explosives, ammunition, liquor, tobacco products and any other products or services that (i) You cannot legally sell, (ii) are misrepresented, and/or (iii) if sold via the the Website or Platform could cause eCatholic to violate any law, statute or regulation.

11 - Acceptable Use of Platform

eCatholic depends upon its own and third party, including registry administrators, computer systems to provide the Platform. Occasionally, these computer systems are subjected to exceptional volumes of incoming data, service requests, processes, and electronic mail messages, that result in significant degradation of system processing and response time. Regardless of the reason, in those instances when there is system performance degradation, eCatholic reserves the right, in its sole discretion, to filter or block electronic messages, data and/or processes originating from or traveling to the identified sources of the high volume traffic. eCatholic will attempt to selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. eCatholic further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic.
 

12 - Communications

By using the Products or Services, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges and other information concerning or related to the Products or Services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Your continued consent is required to use the Platform. To withdrawal your consent, you will need to cancel your use of the Products and Services.
 

13 - Privacy

Through the use of the Platform, you may receive information or insight relating to us or to the Platform that is not known to the general public ("Confidential Information"). You agree that all Confidential Information is the exclusive property of eCatholic and that you will not disclose Confidential Information to any individual, company, or other third party.

Upon signing up for the Platform, if you provide us with your ACH information, credit/debit card information, or other information about your Organization (collectively, “Organization Information"), the ACH and/or credit/debit card information is stored by our merchant account and the other Organization Information is stored by us. You agree that we may access and use any and all of this information to process applicable fees associated with the Products and Services and other amounts due to us by you as outlined in the Payment Terms of this Agreement, as well as to contact you as outlined in our Privacy Policy.

eCatholic stores the Merchant Account login credentials (API keys) for the Organization in order to make available the functionality of the Platform. All credit card, debit card, and ACH information and transactions of Donors (collectively, “Donor Financial Information​”) is stored by the Merchant Account and not by us. You agree that we may access, receive, process, and use the Donor Financial Information as is reasonably required for the functionality of the Platform. You also agree that we may use, disclose, and transfer Donor Financial Information that we collect or process as part of the Platform, during and after the term of this Agreement: (a) as required by applicable law; (b) to or at the request of the person to whom the information pertains; (c) in connection with an assignment of this Agreement; and (d) to operate, improve or modify the Platform.

We provide Donors with access to their personal and/or financial information and transactions that they upload or process as part of the Platform or that you manually enter through the Merchant Account interface. As part of the use of the Platform, you may have access to personal information of Donors such as Donor names and contact information (collectively, “Donor Personal Information”​), as well as Donor Financial Information. You agree that you will not use any Donor Personal Information or Donor Financial Information in any way inconsistent with your privacy policy or applicable law, and that you will not communicate with or contact a Donor who has requested the halt of such communication or contact.
 

14 - Security

You are responsible for maintaining the secrecy, security, and confidentiality of your account and password information. You shall be responsible for any and all transactions conducted through your account and/or password, and for consequences of the use or misuse of such account and password. You will notify eCatholic of any breach in security or unauthorized use of the Platform that you become aware of within 24 hours of your awareness of such activities.

All Payments and other sensitive information submitted or accessed by you or your Donors is done using Transport Layer Security (TLS) or similar encryption technology. This technology prevents your information from being read as it is transmitted over the internet. In order to prevent unauthorized access or disclosure of information we gather and/or process, we have put into place suitable physical, electronic, and managerial procedures to safeguard and secure the information we collect, process, and/or store.
 

15 - Right to Refuse Service

eCatholic reserves the right to refuse to provide the Platform or Services to any party for any reason.
 

16 - Modification of Products and Services

eCatholic reserves the right, at its sole discretion, to, at any time, modify, or discontinue any Products or Services, temporarily or permanently, including the imposition of limits on certain features or restriction of access to parts or all of the Platform, with or without notice. As long as Your account is current, the Platform will be automatically updated with general updates. eCatholic reserves the right to charge additional fees for optional services and add-ons that are not included with Your original Subscription.
 

17 - Our Use of the Platform on Your Behalf

We may from time to time access the Platform on your behalf using our master accounts, and at your request, perform operations within the Platform on your behalf. Examples include, but are not limited to, assisting you in resolving an issue or correcting an error.
 

18 - Customer Support

Customer support is limited to issues related directly to the use of the Platform. Customer support does not design or make changes to Your Website or data within the Platform for You except through the purchase of our Custom Design services or Quick Flip services, or in special circumstances as requested by You. Customer support is not provided for third party programs, products, software, or services. Customer support is available 8:00 a.m. to 5:00 p.m. CST, Monday through Friday, via phone or email.
 

19 - Disclaimer of Warranties

THE SITE, THE PLATFORM, AND THE SERVICES ARE PROVIDED "AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS”, AND WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. eCatholic DOES NOT WARRANT THAT THE SITE, THE PLATFORM, OR THE SERVICES WILL MEET YOUR REQUIREMENTS; WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR; THAT DEFECTS WILL BE CORRECTED; WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY; OR THAT THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. eCatholic IS NOT RESPONSIBLE FOR ANY CONTENT OR MATERIAL LOST ON THE WEBSITE OR IN THE PLATFORM DUE TO NATURAL OR UNNATURAL CAUSES, INCLUDING BUT NOT LIMITED TO SERVER CORRUPTION OR MALFUNCTION, SERVER DESTRUCTION BY NATURAL OR UNNATURAL CAUSES, OR ANY OTHER REASON UPON WHICH PRODUCTS AND/OR SERVICES PROVIDED BY eCatholic ARE INTERRUPTED OR ENDED. eCatholic DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PRODUCTS AND ALL SERVICES MADE AVAILABLE BY eCatholic. eCatholic IS NOT RESPONSIBLE FOR THE CONTENT OF ANY SITES THAT MAY BE LINKED TO THE WEBSITE OR eCatholic SITE. THE LINKED SITES ARE FOR YOUR CONVENIENCE ONLY, AND YOU ACCESS THEM AT YOUR OWN RISK. UPON THE CANCELLATION OR TERMINATION OF ANY OR ALL PRODUCTS OR SERVICES PROVIDED TO YOU BY eCatholic, eCatholic WILL NOT PROVIDE YOU AN EXPORT OR DOWNLOAD IN ANY FORMAT OF THE DATABASE OR ITS CONTENTS RELATED TO THE PLATFORM UNLESS OTHERWISE EXPRESSLY AGREED UPON THROUGH A SEPARATE, PREVIOUSLY EXECUTED AGREEMENT BETWEEN YOU AND eCatholic.
 

20 - Limitation of Liability

eCatholic AND OUR EMPLOYEES, OWNERS, SUPPLIERS, AGENTS, AFFILIATES, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, OUR SITE, THE PLATFORM (INCLUDING THE INABILITY TO USE THE PLATFORM), THE WEBSITE, ANY APPLICATION USING OUR PLATFORM, OR ANY SERVICES OR GOODS PURCHASED OR TRANSACTIONS ENTERED INTO THROUGH THE USE OF THE PLATFORM. IN NO EVENT WILL AGGREGATE LIABILITY OF US OR OUR EMPLOYEES, OWNERS, SUPPLIERS, AGENTS, AFFILIATES, AND REPRESENTATIVES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE PLATFORM DURING THE MONTH OF THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY FAILURE OR DELAY BY US (OR OUR EMPLOYEES, OWNERS, SUPPLIERS, AGENTS, AFFILIATES, AND REPRESENTATIVES) IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT, REGARDLESS OF WHETHER THE FAILURE OR DELAY IS CAUSED BY AN EVENT OR CONDITION BEYOND OUR CONTROL. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PRODUCTS OR SERVICES OR ANY DISPUTE OR CLAIM AGAINST eCatholic IS TO CANCEL YOUR SUBSCRIPTION TO THE PLATFORM. THIS PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. eCatholic IS NOT RESPONSIBLE FOR ANY IMAGES, DOCUMENTS, CONTENT, OR OTHER INFORMATION OR FILES THAT ARE PUBLISHED TO THE WEBSITE. ALL IMAGES, DOCUMENTS, CONTENT, AND OTHER INFORMATION OR FILES POSTED TO THE WEBSITE MUST BE “CHURCH APPROPRIATE” AS DETERMINED BY eCatholic AND IN ACCORDANCE WITH THE TEACHINGS OF THE CATHOLIC CHURCH. eCatholic RESERVES THE RIGHT TO REMOVE ALL “INAPPROPRIATE” CONTENT AND/OR MATERIAL FROM THE WEBSITE AS DETERMINED BY eCatholic, INCLUDING BUT NOT LIMITED TO INAPPROPRIATE PICTURES, DOCUMENTS, TEXT, OR OTHER FILES, AS WELL AS ANY CONTENT THAT IS NOT IN ACCORDANCE WITH THE TEACHINGS OF THE CATHOLIC CHURCH.
 

21 - Indemnification

You agree to indemnify and hold harmless eCatholic and its employees, owners, suppliers, agents, and representatives (collectively, the "Indemnified Parties") from any and all claims and demands, losses, costs, damages, judgments, tax assessments, interest, and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to (i) Your breach of this Agreement; (ii) your wrongful or improper use of the Platform; (iii) any information submitted, posted, or otherwise provided by You on Your Website or to eCatholic; (iv) any transaction submitted by you through the Platform (v) any transaction that you submit to our Platform (vi) any dispute or litigation between an Indemnified Party and a third party caused by your actions; or (vii) your negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of this Agreement or the use of the Platform. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of eCatholic or its employees, owners, suppliers, agents, and representatives.
 

22 - Governing Law

This Agreement shall be governed by the laws of the State of Texas without regard to its choice of law provisions. For any non­-arbitral action or proceeding, the parties submit to the exclusive jurisdiction and venue of Brazos County, Texas. If any term or provision of this Agreement should finally be construed as unenforceable, then the remaining provisions shall remain in full force and effect and shall be binding upon the party to be charged.
 

23 - Force Majeure

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, eCatholic may immediately terminate this Agreement and shall have no liability therefore.
 

24 - No Waiver

Our failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
 

25 - No Agency

You agree that nothing in this Agreement is intended to or creates any type of joint venture, agency, partnership, employee-employer, creditor-debtor, escrow, or any fiduciary relationship between you or us.
 

26 - Severability

If any provision of this Agreement is found invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect as the original provision; the remainder of this Agreement will remain in full force and effect.
 

27 - Modification of Agreement

We may modify the terms of this Agreement at any time and we will send an email notification to Users of any material changes, which are limited to any changes that involve an increase in fees or liability to You. If you do not accept any modification to this Agreement, your sole remedy is to cancel your use of the Products or Services. If you continue to use the Platform, you are bound by any modifications to this Agreement. The date that this Agreement was last modified is listed at the bottom of the Agreement.
 

28 - Entire Agreement

This Agreement contains the entire policy between you and eCatholic with respect to the use of the Products and Services outlined in this Agreement. It supersedes all prior or contemporaneous representations, understandings, and any other oral or written agreements between the parties with respect to such subject matter.
 

29 - Contact and Notification Information

Please direct all correspondence and notices related to this Agreement to the following address.

WEBPRO PRODUCTIONS, LLC
Attn: eCatholic
P.O. Box 9901
College Station, Texas 77842

Phone: 877-932-1776

E-mail: [email protected]

Agreement Last Modified: June 1, 2022