Last Updated: August 17, 2016
Please read this agreement before using our Platform in any way. By using the Platform in any way or form including, but not limited to creating an eGo Connect Account, making a donation to an eGoConnect.com customer, accepting a donation through the Platform or using any associated eGo Apps (including but not limited to eGoIAm.com, the eGo Shop and eGo Buddy), you agree to be fully bound by the terms in this Agreement as they appear at the time of your use. We reserve the right in our sole discretion, to change, modify or otherwise alter these Terms & Conditions without at any time. In the event we determine any changes or modifications constitute material changes to these Terms & Conditions, we will contact you to inform you of those changes. We will determine, in our sole and absolute discretion, which changes constitute “material changes” to these Terms & Conditions, and our decision will be final. Such changes and/or modifications shall become effective immediately upon posting our updated Terms & Conditions.
If you do not agree to, understand or accept the terms in this Agreement you must leave the Platform and discontinue all use thereof, including any eGo Content, and any associated eGo Apps.
Platform Use and Content. The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Website or the App (the “Content”) is our property, except as otherwise indicated, and in each case is protected by United States and Canadian intellectual property laws.
By accessing or using the Platform and Content, you represent and warrant that you are at least 18 years old and that you agree to and to abide by this Agreement. Any registration by, use of or access to the Platform, Content, or our services by anyone under age 18 is unauthorized, unlicensed and in violation of this Agreement.
Our Services: Donations. The Platform allows Donors to initiate a transfer of funds to our Customer(s) through a variety of methods, including but not limited to a web-based portal or by sending short message service (SMS) messages. In the case of SMS donations, upon receipt of the Donor’s initiating message, we send the Donor a link to create an account on a secure page of our Website where the Donor confirms his or her identity, creates an account, and enters payment information. Donors who have created accounts prior to sending the initiating text message are identified by the phone number from which the initiating text message is sent.
Our Services: Audience Management. The Platform provides various marketing tools, facilitating communication between Customers and their audience through email marketing, member management, and content and eTract distribution through electronic means.
Our Services: SMS Messaging. Donations. Our Platform facilitates payment by Donors to our Customers using an SMS service. We send SMS messages only in response to requests received from Donors. We send as few messages as possible in order to confirm the identity of the Donor, to confirm the donation amount, and information related to the transaction. The Platform does not initiate marketing messages via SMS. Occasionally, when a donation is not completed by the Donor, we may send a single follow up message to the Donor to ensure the donation he or she initiated gets completed to his or her satisfaction.
By sending a message to any number assigned to our Customer, Donors authorize us to send you return messages in the manner described above. We will not send unnecessary messages and, with the exception of the reminder message, we will only send you one message in response to each initiating message. Please note that message and data rates may apply.
In some circumstances, after sending an initiating text to a donation number, Donors may receive a response text from an alternate number. This is an effort to avoid spam traps that stop long code (10 digit) numbers from sending texts at various frequencies.
Our Services: eTract Delivery. eTracts are Bible passages or references in electronic format. Our Platform allows customers to purchase eTracts and distribute them to their audience.
Other Services: We receive the right to update, change, add to or remove features from our services at any time.
Email Communication. When you register an account on our Platform, you agree and acknowledge that we may send you transactional messages pertaining to donations and any requests you make through our Platform (such as requests for help).
Intellectual Property and Our Limited License to You. We hereby grant you a limited, non-exclusive, non-transferable license to access and use the Platform and Content. The Platform and Content including any logos or trademarks, are protected by copyright, trademark, and other intellectual property laws. Our limited license grant to you does not affect these rights, and we reserve all rights in all of our intellectual property. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission. All rights not expressly granted in these terms or any express written license, are reserved by us.
Your License to Us. In consideration of our limited license to you to use our Platform, we may include your name or logo in a list of customers on our Platform, a case study or other promotional material, but only with your prior written approval. eGo Connect will not sell or exploit information provided by our customers without prior written approval.
Feedback Policy. By submitting any product feedback, feature idea or suggestion for improvement to our products, you irrevocably grant us an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, and/or distribute all data, statistical data, or aggregated data.
Termination. You may terminate your account and this Agreement at any time. In addition, we reserve the right to terminate your account in the event that (a) you breach any provision of the Use Restrictions section below; (b) our services become obsolete or unusable for the purposes for which we entered into these Terms; or (c) in the case of a Customer, you fail to pay for any renewal term or service (however, in that event, you retain the use of our Platform until the end of the current term for which you paid). In the event of termination of a Customer pursuant to subsections (b) and (c), you will retain use of our Platform until the end of your current subscription term. In the event we terminate your subscription due to your violation of Section 7 below, your access will immediately and permanently be terminated.
Use Restrictions. You agree that you will not use our Platform or Content in any way that causes or is likely to cause the Platform, including the Website, App, Content, or access to any of them to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your device to any aspect of the Platform and to us.
You agree to use our services only for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all donations and subscriptions made by you or someone acting on your behalf through the Platform. You agree to use the Platform and Content for legitimate purposes only and not for speculative, false, fraudulent, or illegal purposes. While we take security of our users’ information very seriously and have implemented protocols which will protect user information, we can only be responsible for that which is in our control. The security of your account information is solely your responsibility and you agree to adequately protect it so as to prohibit others from logging in on your behalf without your knowledge or consent.
You must use the Platform and Content for lawful purposes only. You agree that you will not use the Platform or Content in any of the following ways:
- In violation of the CAN-SPAM Act of 2003 in the United States or Canada’s Anti-Spam Legislation or any other applicable laws and regulations. This means that Customers certify that they will not use the Platform to send unsolicited bulk messages or commercial messages to individuals who have not opted in to receive those messages.
- For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity.
- To send, use or reuse any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others.
- To send, negatively impact, or infect our Platform or Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not.
- To cause annoyance, inconvenience or needless anxiety.
- To impersonate any third party or otherwise mislead as to the origin of your contributions.
- To reproduce, duplicate, copy or resell any part of our Platform or its Content in a way that is not in compliance with this Agreement or any other agreement with us.
Online Commerce. We have retained the services of a payment processing company in order to effect the payments Customers make to us and the donations made through our Platform. By creating an account on our Platform, Customers consent to the sharing of all information associated with the transaction with the payment processor.
Our Customers have retained the services of a payment processing company in order to effect the donations made through our Platform. By making a donation using our Platform, Donors consent to our sharing of all information associated with the transaction with the payment processor.
Our Customer may have privacy and data collection practices that are different from ours, and we provide links to each Customer’s policies on their respective donation page for your reference. We have no responsibility or liability for these independent policies of our Customers.
Limited Warranty and Disclaimer. We warrant that our Platform shall operate in substantial conformity with the representations made herein. The foregoing statement shall not apply if any non-conformance is not replicable or results from third party systems or components used by you to access our services, including any lack of interoperability with such third party systems or components. You are solely responsible for maintaining your own connectivity and connection to our Platform via any necessary hardware, software, telecommunications, and internet connections, at your own cost and expense, and we are not responsible for any interruptions thereto. You expressly agree that we will not be liable in any manner for any interruption in or failure of access to our Platform or any of our services, nor shall any such interruption or failure of access be deemed a breach of the terms of this Agreement.
Except as expressly set forth in this section, our services are provided “as is”. We expressly disclaim any other warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or the services will meet licensee’s requirements or expectations.
Disclaimer. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with our services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, or emotional injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
Technology Disclaimer. We try to ensure that the availability and delivery of our services is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our services become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Services inaccessible to you.
Limitations on Linking and Framing. You may establish a hypertext link to our Platform so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our Platform and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.
Indemnification. You agree at all times to defend, indemnify and hold us harmless, as well as any of our clients, affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our services or your breach of any law or regulation, obligation, warranty, representation, or covenant set forth in this Agreement or in any other agreement with us.
Customer Compliance With Laws. Customer agrees to be responsible for any and all laws and regulations that apply in the jurisdiction in which Customer uses our services. Our Platform is intended to be used in the United States and these Terms are written to comply with the laws of the United States of America. Use of our Platform outside the United States shall be solely at Customer’s own risk. Customer shall be solely responsible for any loss or penalty incurred due to use of the Platform outside of the United States.
Limitation of Liability and Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Platform, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.