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 PAYMENT CONFIRMATION ACCEPTANCE IS SENT TO CUSTOMER. 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 or unwilling to 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.
PRICES AND PAYMENT
Prices are subject to change without notice. Unless otherwise stated, 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. For Credit/Debit Card purchases, Customer authorizes Shepherd's Land to charge Customer's credit/debit card for any and all owed recurring hosting fees. For Direct Pay purchases, Customer authorizes Shepherd's Land to directly debit from Customer's bank account any and all owed recurring hosting fees. 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. Shepherd's Land reserves the right to reject any order.
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 upon request. Refunds will be directly credited to Customer's credit/debit card or bank account relevant to the purchase method. Customer may cancel its account and use of the Products at any time by selecting and completing the "Close hosting account" option in the EZChurch Website Manager. Upon Shepherd's Land receiving notice of cancellation, or upon Shepherd's Land discovering the domain is no longer pointed to a Shepherd's Land web server, unless Customer has selected the Domain & Email Only package, the Customer's account will be closed and will no longer bill.
NOTICES
All notifications may be submitted through the EZChurch Website Manager Help Desk, or sent to the Shepherd's Land corporate office address: Shepherd's Land, 817 Home PL, Sarasota, FL 34232
DATA SECURITY
Shepherd's Land's payment processor(s) adheres to Payment Card Industry Data Security Standards ("PCI DSS") and will maintain its PCI DSS certification as a payment service provider. Shepherd's Land's payment processor(s) protects and secures cardholder data in its possession according to its 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 - 2024 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.
PRIVACY POLICY
This policy describes the ways we collect, store, use and protect your personal information.
We may amend this policy at any time by posting a revised version on our website. The revised version will be effective
at the time we post it. We last modified this Policy on February 4, 2011.
How we collect information about you: When you visit our website, we collect your IP address and standard web log information,
such as your browser type and the pages you accessed on our website. If you open an account, we collect the following types of information from you:
* Contact information - your name, address, phone, email, and other similar information.
* Financial information - the bank account numbers or credit card numbers used to purchase our product and access device information for fraud prevention purposes.
Finally, we may collect additional information from or about you in other ways not specifically described here. For example,
we may collect information related to your contact with our customer support team or store results when you respond to a survey.
How we use cookies: When you access our website, we may place small data files called "cookies" on your computer. We send
a "session cookie" to your computer when you log in to your account. This type of cookie helps us to recognize you if you visit
multiple pages on our site during the same session, so that we don't need to ask you for your password on each page. Once you
log out or close your browser, this cookie expires and no longer has any effect. You are free to decline our cookies if your
browser permits, but doing so may interfere with your use of our website.
How we protect and store personal information:
Throughout this policy, we use the term "personal information" to describe information that can be associated with a specific
person and can be used to identify that person. We do not consider personal information to include information that has been
anonymized so that it does not identify a specific user. We store and process your personal information on our computers in
the US, and we protect it by maintaining physical, electronic and procedural safeguards in compliance with applicable US
federal and state regulations. We use computer safeguards such as firewalls and data encryption, and we authorize access to
personal information only for those employees who require it to fulfill their job responsibilities.
How we use the
personal information we collect: Our primary purpose in collecting personal information is to provide you with a safe, smooth,
efficient, and customized experience. We may use your personal information to:
* provide the services and customer support you request;
* process transactions and send notices about your transactions;
* resolve disputes, collect fees, and troubleshoot problems;
* prevent potentially prohibited or illegal activities, and enforce our User Agreement;
* customize, measure, and improve our services and the content and layout of our website;
How we share personal information with other parties: We may share your personal information with:
* Service providers under contract who help with parts of our business operations; (fraud prevention, bill collection, marketing, technology services). Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.
* Law enforcement, government officials, or other third parties when we are compelled to do so by a subpoena, court order or similar legal procedure,
we need to do so to comply with law, we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our User Agreement.
* Other third parties with your consent or direction to do so.
Shepherd's Land will not sell or rent any of your personal information to third parties in the normal course of doing business and only shares your personal information with third parties as described in this policy.
How you can access or change your personal information: You can review and edit your personal information at any time
by logging in to your account and clicking the Account tab.