Last Updated: August 4, 2018
You should read the complete Terms of Service because that document (and not this overview) is our legally binding agreement. The Terms of Service includes information about your legal rights and covers areas such as limitations of liability, resolution of disputes by mandatory arbitration rather than a judge or jury in a court of law, and a class action waiver. If you are using the Platform for an organization, you agree to this Agreement on behalf of that organization and represent to us that you have authority to bind that organization to the terms contained in this Agreement. If you do not agree to this Agreement or are unable to agree to this Agreement, do not use our Platform.
1. This Agreement
1.1 The Agreement
Our Platform enables you and other members to interact online and, if you so desire, even arrange off-line, real-world groups and events. Your use of the Platform signifies that you agree to this Agreement. If you do not or are unable to agree to this Agreement, do not use our Platform.
1.2 Revisions to This Agreement
We may modify this Agreement from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. If we make any material change to this Agreement, we will provide additional notice to you, such as by sending you an email or displaying a prominent notice on our Platform. By continuing to use the Platform after any changes come into effect, you agree to the revised Agreement.
2. Your Account and Membership
Our Platform is available to anyone who is at least 18 years old and only to anyone who is at least 18 years old, so you represent that you are at least 18. Additional eligibility requirements for a particular portion of our Platform may be set by any member who has the ability to manage that portion of our Platform. For example, the eligibility requirements for an online or offline group or an event may be set by the organizers of that group or event.
2.2 Suspension of Your Account
We may modify, suspend or terminate your account or access to the Platform at any time, in our sole discretion, including, but not limited to, if we determine that you have violated this Agreement or that doing so is in the best interest of Pagan Renewal or our community.
A member who has the ability to manage a particular portion of our Platform may also have the ability, in his or her sole discretion, to modify, suspend, or terminate your access to that portion of the Platform.
2.3 Account Information and Security
When you register, you provide us with some basic information, including an email address and a password. Keep your email address and other account information current and accurate. You agree to maintain the security and confidentiality of your password. You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. If someone is using your password, notify us immediately.
3. Your Content and Privacy
3.1 Your Content
You are solely responsible for your Content. We use the word “Content” to mean any information, material, or other content posted to our Platform or otherwise provide to us (such as feedback, comments, or suggestions shared with us). You agree that you and your Content shall not violate the rights of any third party (such as copyrights, trademarks, contract rights, privacy rights, or publicity rights) or this Agreement.
3.2 Content License from You
We do not claim ownership of your Content. To enable us to operate, improve, promote, and protect Pagan Renewal and our Platform, however, and to ensure we do not violate any rights you may have in your Content, you hereby grant Pagan Renewal a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, your Content.
4. Your Use of Our Platform
4.1 Our Policies, Guidelines and Applicable Laws
When you use our Platform, we require that you follow all our terms and policies. You also agree to comply with all applicable laws, rules and regulations, and to not violate or infringe the rights of any third party. If you do not comply, we may modify, suspend or terminate your account or access to the Platform, in our sole discretion.
4.2 Content of Others
Pagan Renewal does not control the Content of other members. When we become aware of inappropriate Content on our Platform, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor or moderate, nor do we take responsibility for, the Content of other members.
4.3 Interactions with Others
Pagan Renewal is not a party to any offline arrangements made through our Platform. Pagan Renewal does not conduct or require background checks on members, and does not attempt to verify the truth or accuracy of statements made by members. Pagan Renewal makes no representations or warranties concerning the conduct or Content of any members or their interactions with you.
4.4 No Resale
Our Platform contains proprietary and confidential information and is protected by intellectual property laws. Unless we expressly permit it through this Agreement, you agree not to modify, reproduce, sell or charge a fee, offer to sell or charge a fee, make, create derivative works based on, or distribute any part of our Platform, including any data, or Content of others.
4.5 No Technical Interference with the Platform
You agree that you will not engage in any activity or post any information or material that interferes with or disrupts, or that is designed to interfere with or disrupt, the Platform or any hardware used in connection with the Platform.
4.6 Platform Modifications
We work hard to continuously improve our Platform. This means that we may modify or discontinue portions or all of our Platform with or without notice and without liability to you or any third party.
4.7 Third Party Sites and Services
The Platform contains links to third-party sites, and is integrated with various third-party services, applications and sites that may make available to you their content and products. We don’t control these third parties and aren’t responsible for those sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies.
You agree to release us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, sponsors, and other third-party partners (referred to in this Agreement as “Pagan Renewal Parties”) from claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, now and in the future (referred to in this Agreement as “Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other members, or in connection with an online or offline group or event. You also agree to release organizers from Claims based on an organizer’s negligence arising out of or in any way connected with their Content, a Pagan Renewal group, or a Pagan Renewal event. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the California Civil Code or any similar provision of statutory or non-statutory law of any other jurisdiction to the fullest extent permitted by law.
You agree to indemnify, defend and hold all Pagan Renewal Parties harmless from any Claims, made by any third party due to or arising out of (a) your violations of this Agreement, (b) your use, misuse, or abuse of our Platform, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct in an online or offline group or event that violates this Agreement. You agree to promptly notify us of any third party Claims, cooperate with all Pagan Renewal Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You agree not to settle any Claim without our prior written consent.
7. Warranty Disclaimer and Limitation of Liability
7.1 Warranty Disclaimer
Our Platform is provided to you “as is” and on an “as available” basis. We disclaim all warranties and conditions of any kind, including but not limited to statutory warranties, and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of our Platform, (b) any information, advice, services, or goods obtained through or advertised on our Platform or by us, as well as for any information or advice received through any links to other websites or resources provided through our Platform, (c) the results that may be obtained from the Platform, and (d) the correction of any errors in the Platform, (e) any material or data obtained through the use of our Platform, and (f) dealings with or as the result of the presence of marketing partners or other third parties on or located through our Platform.
7.2 Limitation of Liability
You agree that in no event shall any Pagan Renewal Parties be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if any Pagan Renewal Parties have been advised of the possibility of such damages) arising out of or in connection with (a) our Platform or this Agreement or the inability to use our Platform (however arising, including our negligence), (b) statements or conduct of or transactions with any member or third party on the Platform, (c) your use of our Platform or transportation to or from events, attendance at events, participation in or exclusion from online or offline groups or events and the actions of you or others at events, or (d) any other matter relating to the Platform. Our liability to you or any third parties in any circumstance is limited to $100. The limitations set forth above in this Section 7 will not limit or exclude liability for our gross negligence, fraud, or intentional, malicious, or reckless misconduct.
8. Dispute Resolution
8.1 Informal Resolution
Before making any claim, you and Pagan Renewal agree to try to resolve any disputes through good faith discussions. We use the term “claim” in this Section 8 to mean any dispute, claim or controversy arising out of or relating to your use of our Platform or this Agreement, including your participation in groups and events. You or Pagan Renewal may initiate this process by sending written notice according to Section 10.2 describing the dispute and your proposed resolution. In the event that we cannot resolve the issue within 30 business days of receipt of the initial notice, you or Pagan Renewal may bring a claim in accordance with Section 8.2.
8.2 Arbitration Agreement
Except as set forth in Section 8.5, you agree to submit any claim to JAMS, Inc., or its successor, (“JAMS”) for final and binding arbitration. In arbitration certain rights that you or we would have in court may not be available, such as discovery or appeal. You and Pagan Renewal are each expressly waiving any right to trial by judge or jury in a court of law. This agreement to arbitrate shall apply regardless of whether the claim arises during or after any termination of this Agreement or your relationship with Pagan Renewal.
8.3 Arbitration Time for Filing
Any claim subject to arbitration must be filed within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.
8.4 Arbitration Procedures
Either party may commence arbitration by filing a written demand for arbitration with JAMS, with a copy to the other party according to the notice procedures in Section 10.2. The arbitration will be conducted in accordance with JAMS Streamlined Arbitration Rules and Procedures and any other applicable rules that JAMS requires (“JAMS Rules”) in effect as of the demand for arbitration. You agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of these arbitration provisions. Any arbitration hearings will take place in King County, Washington, or elsewhere as required by JAMS Rules. Your responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the JAMS Rules. The parties will cooperate with JAMS and each other in scheduling the arbitration proceedings, and in selecting one arbitrator from the appropriate JAMS list with substantial experience in resolving intellectual property and contract disputes. The arbitrator shall follow this Agreement and, to the extent permitted by JAMS Rules, can award costs, fees and expenses, including attorneys’ fees to the prevailing party, except that the arbitrator shall not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
You or Pagan Renewal may assert claims, if they qualify, in small claims court in King County, Washington, or any U.S. county where you live or work. You or Pagan Renewal may seek injunctive relief from a court of competent jurisdiction in King County, Washington, as necessary to protect the intellectual property rights of you or Pagan Renewal pending the completion of arbitration. Pagan Renewal may take action in court or arbitration to collect any fees or recover damages for, or to seek injunctive relief relating to, Platform operations, or unauthorized use of our Platform or intellectual property. Nothing in this Section 8 shall diminish Pagan Renewal’s right to modify, suspend or terminate your account or access to our Platform under Section 2.2.
8.6 Arbitration Opt Out
You may decline to resolve disputes through arbitration by contacting us within 30 days of the date you first agree to this Agreement. Your message must include your full name, residential address, the email address registered to your Pagan Renewal account, and a clear statement that you want to opt out of arbitration. If you opt out according to this process, then Sections 8.2, 8.3, and 8.4 of this Agreement do not apply to you. This opt-out does not affect any other sections of this Agreement, such as Sections 8.5 (Exceptions), 8.7 (Class Action Waiver), 10.5 (Governing Law), 10.6 (Judicial Forum), and 10.7 (Time for Filing).
8.7 Class Action Waiver
You agree to resolve disputes with Pagan Renewal on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations.
9. Intellectual Property
9.1 Intellectual Property of Pagan Renewal
Pagan Renewal trademarks, logos, service marks, and service names are the intellectual property of Pagan Renewal. Our Platform, including our material on the Platform, are also our or our licensors’ intellectual property. You agree not to use our intellectual property without our prior written consent, except as permitted by law.
9.2 Intellectual Property of Others
Pagan Renewal respects the intellectual property of others, and we expect our members to do the same. Although we cannot and do not monitor or moderate the materials that users post to our Platform, we may, in appropriate circumstances and in our discretion, remove or disable access to material that infringes on the intellectual property rights of others. We may also restrict or terminate access to our Platform to those who we believe to be repeat infringers.
10. Other Stuff
This Agreement was written in English, and if it is translated into other languages, the English language version controls.
Except as otherwise stated in this Agreement or as expressly required by law, any notice to us shall be given by certified postal mail to New Living Foundation, Attn: Legal Department, P.O. Box 12581, Seattle, WA 98111, or by email to email@example.com. Any notice to you shall be given to the most current email address in your account.
10.3 Entire Agreement
This Agreement, including all our other terms and policies, constitutes the entire agreement between you and Pagan Renewal, superseding any prior agreements between you and Pagan Renewal on such subject matter.
10.4 No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Pagan Renewal is intended or created by this Agreement. A member of the Pagan Renewal Platform is not Pagan Renewal’s representative or agent, and may not enter into an agreement on Pagan Renewal’s behalf.
10.5 Governing Law
This Agreement and the relationship between you and Pagan Renewal shall be governed by the laws of the State of Washington without regard to its conflict of laws provisions, except as set forth in Section 8.
10.6 Judicial Forum
If our agreement to arbitrate is found not to apply to you or your claim, or if you opt out of arbitration pursuant to Section 8.6, you and Pagan Renewal agree that any judicial proceedings (other than small claims actions) must be brought exclusively in the federal or state courts located in King County, Washington, and you and Pagan Renewal agree to venue and personal jurisdiction in those courts.
10.7 Time for Filing
Any claim not subject to arbitration must be commenced within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.
This Agreement is not assignable, transferable or sublicensable by you except with Pagan Renewal’s prior written consent, but may be assigned or transferred by us to any affiliate or subsidiary, or in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of Pagan Renewal’s assets, or similar transaction.
10.9 No Waiver
A party’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.
If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Pagan Renewal nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
10.11 Thank You
Please accept our wholehearted thanks for reading our Terms of Service.
If we terminate your account or access to our Platform, this Agreement terminates with respect to the member account that has been terminated. Certain provisions of this Agreement that by their nature survive termination shall survive termination, including those terms listed below in Section 10.13 (Survival).
Sections 3.2 (Content License from You), 3.3 (Privacy), 5 (Release), 6 (Indemnification), 7 (Warranty Disclaimer and Limitation of Liability), 8 (Dispute Resolution), 10.12 (Termination), 10 (Other Stuff) of this Agreement, and any other provisions necessary to give effect to these provisions, shall survive any termination or expiration of this Agreement.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Please report any violations of this Agreement by a member or third party by contacting us.