Legal
TERMS OF USE
Shepherd's Land assumes no liability for damages consequent to the use of any Shepherd's Land product or any material contained within the Shepherd's Land web site, including but not limited to the Shepherd's Land application, any demonstration programs or application programs downloaded from or accessed via this web site or any other site to which the Shepherd's Land web site is linked. Shepherd's Land reserves the right to change any material within this web site including but not limited to: manuals, product descriptions, product specifications, prices, shipping charges, and warranty terms, at any time without notice. The information furnished by Shepherd's Land is believed to be accurate and reliable at the time of posting. However, no responsibility is assumed by Shepherd's Land for its use, nor for any infringements of patents or other rights of third parties resulting from its use. Third-party products and web sites' mention of non-Shepherd's Land products, services, or web sites is for informational purposes only and constitutes neither an endorsement nor a recommendation. Links from this site to third party web sites are provided solely as a convenience. Shepherd's Land is not responsible for any of these sites or their content, and does not endorse or make any representations whatsoever about them, or any information, software or other products or materials found there. Any access to third party sites is done entirely at your own risk.
GENERAL TERMS AND CONDITIONS OF SALE
Both you (the "Customer") and Shepherd's Land agree that the purchase and sale of Shepherd's Land User Accounts ("the Products") through the use of this site are made under Shepherd's Land's General Terms and Conditions of Sale in effect at the time of such purchase and that Shepherd's Land shall not be bound by customer’s additional or different terms. Customer's order and purchase of the Products shall constitute acceptance of these terms and conditions.
These General Terms and Conditions of Sale, together with any specific provisions set forth in the Shepherd's Land Merchant Application, purchase order, or invoice describing your purchase, contains the entire agreement applicable to the purchase of the Products from Shepherd's Land. By logging-in to the Shepherd's Land system, Customer accepts and agrees to be bound by these terms and conditions. These terms and conditions are subject to change without prior written notice at any time, in Shepherd's Land's sole discretion. These terms and conditions may not be altered, supplemented, or amended without the prior written consent of Shepherd's Land.
Online Orders
All orders are subject to acceptance by Shepherd's Land. NO ORDER IS OFFICIALLY ACCEPTED BY Shepherd's Land UNTIL A CONFIRMING EMAIL WITH LOG-IN INFORMATION IS SENT TO CUSTOMER OR THE CUSTOMER LOGS INTO THE Shepherd's Land SYSTEM WHICHEVER SHALL OCCUR FIRST. Shepherd's Land reserves the right to reject any order for any reason including, but not limited to, the customer's inability to meet Shepherd's Land’s underwriting criteria. In the event Customer is not approved to open an account, or in the event that payment processor(s) becomes unable to unwilling ot process payments, Shepherd's Land reserves the right to submit Customer’s signed application(s) and supporting documents to an alternate processor for secondary review. Upon approval by Shepherd's Land's alternate processor, Customer shall be provided an electronic copy of the alternative processor’s terms and conditions, which shall be binding by Customer upon Customer’s first processed electronic transaction. Additional fees may apply.
Prices and Payment
Prices are subject to change without notice. Unless otherwise stated on the Merchant Application, any price quotation will expire thirty (30) days from date of issuance. Stenographic or clerical errors are subject to correction. All purchases are to be made in US dollars. Customer authorizes Shepherd's Land to directly debit from Customer's bank account any and all owed fees, including but not limited to set-up fees, monthly fees, transaction fees, and custom programming fees. All sums not paid when due as a result of non-sufficient funds (“NSF”) or any other reason shall be subject to the NSF fee per the Merchant Application. If payment is not received from Customer, Shepherd's Land reserves the right to disable or cancel Customer’s use of the Products. Orders are entered and reviewed by Shepherd's Land when they are received from Customer. However, Shepherd's Land is not responsible, and will not be held liable for any processing delays or damages which may result from such delays.
Cancellation/CHANGE POLICY
Customer may cancel its account and use of the Products within the first thirty (30) days of activation for a full refund. Refunds will be directly credited to Customer's bank account.
NOTICES
All notifications may be submitted through the EZChurch Control panel help desk, or sent to the Shepherd's Land corporate office address below:
Shepherd's Land
817 Home PL
Sarasota, FL 34232
DATA SECURITY
Shepherd's Land adheres to Payment Card Industry Data Security Standards ("PCI DSS") and will maintain its PCI DSS certification as a service provider. Shepherd's Land protects and secures cardholder data in our possession according to our responsibility under PCI DSS.
LIMITATION OF LIABILITY
Customer understands that Shepherd's Land shall not be liable to Customer for lost profits, special, punitive, consequential or incedental damages related to Shepherd's Land’s performance hereunder. Shepherd's Land will not be liable for direct, indirect, special, incidental, cover, economic or consequential damages arising out of Customer’s use of the Products or Shepherd's Land’s site, even if advised of the possibility of such damages. Customer must notify Shepherd's Land in writing within sixty (60) days from the date of occurrence of any discrepancies or errors related to Shepherd's Land’s performance hereunder.
FORCE MAJEURE
Shepherd's Land shall not be responsible for delays, nonperformance, damages, lost profits, or other losses caused directly or indirectly by any Act of God, including without limitation, fires, earthquakes, tornadoes, or hurricanes, as well as wars, labor disputes, communication failures, legal constraints, power outages, data transmission loss, failure or interception, incorrect data transmission, or any other event outside the direct control of Shepherd's Land.
GOVERNING LAW and ARBITRATION
This agreement shall be governed by and construed in all respects with the laws of the State of Florida. Any claim arising out of or relating to this agreement or Shepherd's Land’s site shall be settled by binding arbitration in Sarasota, Florida in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be subject to review or appeal except as permitted by Florida law. However, either party may seek interim relief from a Sarasota, Florida court to protect its rights or property while arbitration is pending. Shepherd's Land may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.
COPYRIGHT
All text, pictures, drawings and other graphics herein Copyright 2004 - 2010
by Shepherd's Land. All rights reserved. No material on our site may be reproduced in any way, including but not limited to on the Internet, on CD ROM, or in print, without the express written consent of Shepherd's Land. The trademarks and trade-names used herein are registered to their respective owners.
