Terms of Service
This Agreement was last modified on May 24, 2020.
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, including, but not limited to https://reopen.church ( 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.
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.
The “Individual” is any user of the software and services directly or by association with the Organization.
A “Member” is a collective identifier that refers to either an Organization, Primary Admin, User or Individual.
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.
No Warranties or Representations
Breeze is not making any warranties or representations about the website, https://reopen.church, complying with any laws that apply to Organizations, including, but not limited to compliance with the COVID-19 public health emergency. Organizations and the Members acknowledge that they are assuming any and all risks including arising from or out of the use of the website, https://reopen.church, to reopen and operate safely its churches.
Release and Waiver
Organizations and the Members hereby waive all claims against Breeze, its members, managers, employees, independent contractors, and agents arising out of or related to the use of the Website, including, but not limited to the website, https://reopen.church. Further, Organizations and the Members hereby release Breeze, its members, managers, employees, independent contractors, and agents from any and all claims arising out of or related to the use of the Website, including, but not limited to the website, https://reopen.church. Organizations and the Members agree that Breeze, its members, managers, employees, independent contractors, and agents shall have no liability for any damage, loss, cost or expense incurred or suffered by any of them arising out of or related to the use of the Website, including, but not limited to the website, https://reopen.church.
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.
Links to Other Websites
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.
Changes To This Agreement
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.
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.