TERMS AND CONDITIONS
These Terms may change from time to time. We will notify you of any material changes to these Terms by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made that these Terms have been updated, and by changing the “Last Updated” date at the top of this webpage. We encourage you to check this page periodically for any changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes.
In addition, when using particular services or features or making purchases or donations on the Site, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms.
You agree you will not provide any false personal information on the Site, or create an account for anyone other than yourself without permission. You also agree that you will keep your contact information accurate and up-to-date.
You warrant that you will comply with all applicable laws.
You agree you will not use the Site if you are under the age of 18.
You agree you will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You also agree you will not transfer your account to anyone.
If you violate these Terms, we may cease providing all or part of the Site to you. You may also delete your account at any time. In all such cases, these Terms shall terminate, but this section and the sections below will still apply.
Intellectual Property Rights
The content of this Site, including, without limitation, the text, graphics, scripts, sound recordings, video recordings, music, interactive features, and the trademarks, service marks and logos contained herein are owned by Sway or licensed by us and are subject to intellectual property laws of the United States and foreign jurisdictions and international conventions. You agree that you will not use our copyrighted materials, trademarks or any confusingly similar marks without our express written permission.
Except as expressly authorized by these Terms or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the aforementioned materials in any form or by any means, without our prior written authorization.
The material and content accessible from this Site, and any other Site owned, operated, licensed, or otherwise controlled by Sway is the proprietary information of Sway or the party that provided or licensed the content to us. Accordingly, the content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Sway, except that you may print out a copy of the content solely for your personal, noncommercial use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content.
Correction of Errors and Inaccuracies:
The information on the site may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time with or without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing, product availability, or otherwise.
We have made efforts to display accurately the colors of products that appear on our Site. However, as the actual colors you see will depend on your monitor and/or other technological circumstance, we cannot and do not guarantee that your monitor’s display of any color will be accurate.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools, “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
Third Party Links:
Certain content, products and services available via our Site may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
The Site may contain forums, bulletin board services, chat areas, message boards, news groups, communities, calendars, and/or other message or communication facilities designed to allow you to communicate with the internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that is proper and related to the particular communication service.
Among other actions, you agree that you will not post, send, submit, publish, or transmit in connection with this Site any material that:
- you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this Web site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content;
- harvests or otherwise collects information about others, including e-mail addresses, without their consent;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- falsifies or deletes any author attributions, legal or other proper notices or proprietary designations; or
- violates Sway’s Statement of Faith and religious beliefs.
We reserve the right to:
- monitor use of this Site to determine compliance with the Terms, as well as the right to remove or refuse any information for any reason;
- terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever;
- disclose any information as necessary to satisfy any applicable law, regulations, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at its sole discretion.
In case of force majeure, we are not obliged to fulfill our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate the agreement. Events of force majeure are all circumstances external to our control that render the respect of our obligations completely or partly impractical or impossible. Such events include, but are not limited to, strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the Site, late delivery or absence of delivery by suppliers or other third parties.
You agree to indemnify, defend and hold harmless Sway and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Disclaimer of Warranties; Limitation of Liability:
We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The Site and all products and services delivered to you through the Site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Sway, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
IF ANYONE BRINGS A CLAIM AGAINST US RELATED TO YOUR ACTIONS OR INFORMATION ON THE SITE, YOU WILL INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE LEGAL FEES AND COSTS) RELATED TO SUCH CLAIM.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. THE SITE AND ALL CONTENT, DATA, MATERIALS AND DOCUMENTATION PROVIDED IN CONNECTION WITH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, SWAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. GATEWAY CHURCH DOES NOT WARRANT THAT THE SITE WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, COMPLETELY SECURE OR VIRUS FREE. YOU AGREE SWAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY (I) UNAUTHORIZED ACCESS TO OR USE OF THE SITES AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (II) ANY INTERRUPTIONS OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
In the event of any dispute, claim or controversy arising out of or relating to these Terms or the breach thereof, the parties agree to first attempt to resolve such dispute by non-binding mediation, which shall be conducted under the then current mediation procedures of The International Institute for Conflict Prevention & Resolution (“ICPR”) or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Either party may commence the mediation process by providing to the other party written notice, setting forth the subject of the dispute, claim or controversy and the relief requested. Within ten (10) days after the receipt of the foregoing notice, the other party shall deliver a written response to the initiating party’s notice. The initial mediation session shall be held within thirty (30) days after the initial notice. The parties agree to share equally the costs and expenses of the mediation (which shall not include the expenses incurred by each party for its own legal representation in connection with the mediation).
The parties further acknowledge and agree that mediation proceedings are settlement negotiations, and that, to the extent allowed by applicable law, all offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties or their agents shall be confidential and inadmissible in any arbitration or other legal proceeding involving the parties; provided, however, that evidence which is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
The provisions of this section may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including reasonable attorneys’ fees, to be paid by the party against whom enforcement is ordered.
Any controversy or claim arising out of, or relating to, these Terms or the breach thereof, that the parties have first failed to resolve through mediation shall be resolved by binding arbitration, conducted by CPR in accordance with CPR’s rules and regulations. Judgment upon the award rendered may be entered in any Court having jurisdiction thereof. Any award concurred in by a majority of the arbitrators or rendered by the sole arbitrator (as the case may be) shall be binding and conclusive on the parties; and a judgment thereon may be entered in the highest court of the forum having jurisdiction thereof.
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Sway Holdings, LLC
201 Archway Court
Lynchburg, VA 24502
Collection and Use of Information
We receive and store information, including personal information, about you and your use of our Services. This information is gathered in a number of ways, including when you enter it on our Website and from interactions with our Service. Personal information is information that can be used to uniquely identify or contact you. Non-personal information is information that does not permit direct association with you. We may collect, use, transfer and disclose non-personal information for any purpose. You can choose not to provide personal information we may request of you, but, in general, most of the personal information we request is required in order to provide our service and the lack of such personal information will prevent us from doing so.
When you interact with us, we may ask you to supply us with personal information so that we can provide, enhance and personalize our services and marketing efforts. For similar reasons, we may supplement the personal information you provide with publicly available information about you as well as information from other sources, as permitted by law. We use this personal information, for example, to process your registration, your orders and your payments, and to communicate with you on these and other topics. We also may use your e-mail address or other methods to send you newsletters, as well as messages about new features, special offers, promotional announcements, consumer surveys and other correspondence concerning our service. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating to your account transactions.
We keep track of your interactions with us and collect information related to you and your use of our Service, including but not limited to your online activity, content selections, payment history, correspondence, internet protocol addresses, device types, and related activity. We use this information for such purposes as determining your general geographic location, providing localized content, enforcing our terms, providing recommendations on content we think will be enjoyable, personalizing the Service to better reflect particular interest, helping us quickly and efficiently respond to inquiries and requests and otherwise enhancing or administering our service offering for you and other users. We also provide analysis of our users in the aggregate or otherwise in anonymous form to prospective partners and other third parties. While using the Service, you will have opportunities to post reviews or other information in public forums. Please understand that when you post information, it is made public and is not subject to this policy. We are not responsible for any third party’s use of information you publicly disclose through our Service.
Disclosure of Information
We may disclose the information we collect from you to our affiliates, channel partners, and content providers. In addition, we use other companies, agents, or contractors to perform services on our behalf. For example, we have partnered with other companies, to provide infrastructure and IT services, personalize and optimize our web pages, process credit card transactions, provide customer service, collect debts, analyze and enhance data, including users interaction with our website, and process consumer surveys. In the course of providing such services, these other companies may have access to your information. We do not authorize these companies to use or disclose your personal information except for the purpose of providing the services we request of them.
Other Websites and Platforms
Information From Minors.
The Website is not intended for use by children under the age of 18. Sway does not knowingly collect or use any personal information from minors. If you are under the age of 18, do not submit any information to our Website. If we learn that we collected personal information from children under the age of 18, we will take steps to delete that information as soon as possible.
How You Can Access Your Information.
You can request access to all your personally identifiable information by sending an e-mail to (email@example.com).
If you elect to provide us with Personally Identifiable Information, you have the right to tell us to have such data deleted in its entirety at any time. Please note that if you choose to delete your information completely you will no longer be able to fully utilize the products or services that we provide to you. You may email us at (firstname.lastname@example.org) to remove your contact information from our database provided we have completed all your pending transactions. Please note that information is never completely removed from our history and disaster recovery archives.
Right to Access Your Information
If you establish an account with Sway to use our Services, you are responsible for updating and maintaining the truth and accuracy of the personal information you provide relating to your account. If you want to access or alter your contact information or change your payment method, you should do so by visiting the “Your Account” section of the Websites.
Cookies and Other Technologies
As you interact with our Service, we and our service providers may place cookies on your system. Cookies are small pieces of data that are sent to your browser from a web server and stored on your system for record keeping purposes. In general, cookies can make the internet more useful by storing information about your preferences on a particular system. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If your browser is set to not accept any cookies, you will not be able to use the Service or Website.
How Do We Use the Data We Collect?
We may use the information we collect and maintain, including any personal data, for the following purposes:
If you have provided your contact information to us, we may use such information to contact you for marketing and promotional purposes by various means, including regular mail, email, or telephone. We may also send you prerecorded messages or SMS text messages.
To process orders, requests and payments, and to communicate with our customers about their accounts or any requests, orders, or payments.
To provide requested services to our customers. The services we provide to our customers may include certain marketing and promotional services, including sending or facilitating the delivery of communications on behalf of and at the request of our customers. In such cases, our customers are responsible for the content and delivery of such communications.
To respond to any inquiries submitted to us and to provide technical support to customers and Site visitors.
To tailor the content and information that we may send to display to customers or Website visitors, to display targeted advertisements, and to otherwise personalize experiences at the Website.
To better understand how users access and use our Website and services, both on an aggregate and individualized basis, for the purpose of improving our Website and services and responding to customer and visitor desires and preferences.
To detect violations of applicable policies. For example, we may use automated filters to screen the content of emails sent by or on behalf of our customers in order to restrict the sending of pornography or other prohibited content. We may also track or screen certain email activities such as the importation of large email lists or the receipt of returned emails, to detect and prevent illegal spamming activities.
How Do We Disclose the Data We Collect?
We do not sell, rent, or trade personal information, whether Customer Information or Customer Recipient Data without prior consent. We may however, disclose the information we collect or maintain, including personal information, without prior consent as described below:
Service Providers – We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform the following functions on our behalf, such as credit card processing to bill you for goods and services and a live chat vendor to assist us with customer service marketing analysis services to help manage our online advertising, customer relationship management services, and internal system monitoring and performance services. These third parties are required to maintain the confidentiality, security, and integrity of personal information and to use such information only as directed by us.
Affiliates, Channel Partners, Content Providers – We may disclose the information we collect from you to our affiliates, channel partners, and content providers.
Business Transfers – If we are acquired by or merged with another company, if parts of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the personal information we have collected to the acquiring company or entity. You will be notified via email or prominent notice on our Web site for 30 days of any such change in ownership or control of your personal information.
In Response to Legal Process – We may also disclose the information we collect in order to comply with the law, a judicial processing, court order, or other legal process, such as in response to a court order or subpoena. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, and situations involving potential threats to the safety of any person or violations of this Policy, our Terms & Conditions, our Anti- Spam Policy, or our End User Service Agreement.
Aggregate and De-identified Information – We may share aggregate, anonymous or de-identified information, such as Site Data, about users with third parties for marketing, advertising, research, or similar purposes, however, we do not disclose personal data to such third parties.
Sway takes information security very seriously and uses reasonable administrative, technical, physical and managerial measures to protect your personal information from unauthorized access.
Unfortunately, no security system can be guaranteed to be 100% secure. Accordingly, we cannot guarantee the security of your information and cannot assume liability for improper access to it. By using our service, including our website and user interfaces, or providing information to us through any means, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service.
In order to provide you with ease of access to our account and to help administer the Service, Sway implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Service. You can choose not to take advantage of this feature on your computer by unchecking the box “Remember me on this computer” when you login on the website. You are responsible for maintaining the confidentiality of your account access information and for restricting access to your computer or device through which you access your Service account. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a computer or connected device, you should log out and deactivate the device before doing so. If you fail to log out and deactivate the device, subsequent users may be able to access your account information. See above instructions on how to deactivate your devices.
Changes to This Policy
Transfer of Information and International Users
Given that the internet is a global environment, using the internet to collect and process information necessarily involves the transmission of data on an international basis. Therefore, by using the Service, you acknowledge and consent to the transfer of your information outside your country of residence to any country (including the United States) where we have facilities or engage third parties (including but not limited to payment processors, cloud service or other IT providers, and other companies that provide services to us).
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Disclaimer Of Damages.
By using the Sites, you assume all risks associated with the use of the site, including any risk to your computer, software or data being damaged by any virus, software, or any other file that might be transmitted or activated via a Site or App or your access to it. Fusion shall not be liable for any damages of any kind (general, special, incidental or consequential damages, including, without limitation, lost revenues or lost profits) resulting from the use or misuse of the information contained in a Site or App.