Faith Enroll Terms of Service
By using the Faith Enroll Service also knows as Engage Enroll (SERVICE) , you agree to be bound by the terms and conditions of this agreement, which may be modified from time to time. If you do not agree to these terms and conditions, you may not use this Service.
One-time Setup
Includes setup and configuration by Engage Software staff of up to 3 unique enrollment events with custom registration forms. Additional enrollment events can be created by Engage Software staff during the setup process at a cost of $30 per event.
Monthly Service
- $50 monthly - up to 200 active participants
- $100 monthly - up to 400 active participants
- $125 monthly - up to 500 active participants
- $250 monthly - up to 1000 active participants
- Custom pricing for more than 1000 active participants
Who We Are
The Faith Enroll Web Service (the "Service") and Fauth Enroll Hosted Software (the "Software"), operated by Emerging Technologies Group, INC dba / Engage Software ( “Engage Software”) and its affiliates is provided to you ("you" or "Site Admin" or “Organization”) under the terms and conditions of this Engage Software Agreement and any amendments thereto and any operating rules or policies (collectively, the "Agreement"). The purpose of this provision is for you to maintain a hosted internet website ("Site") representing your organization and providing web-based registration for events to your members.
In addition to the terms of this Agreement, you agree to the pricing, terms, features, and all other specifications collectively, the “Policies” listed on our websites PSREnroll.com (collectively, our “WebSites”).
We may modify the terms of this Agreement or the Policies of the Services, Sites, or Software at any time. We will post the amended Agreement to our WebSites and send an email notification to the user who signed up for the Service of any Material Changes. A “Material Change” is limited to any change that involves an increase in fees or liability to You. If you do not accept a change to this Agreement or the Services offered, your sole remedy is to contact us to cancel your Service. The date that this Agreement was last modified is listed at the bottom of the Agreement.
Our Contract With You
1.0 By accepting the terms and conditions of this agreement, you represent and warrant that you (a) are a duly authorized agent or officer of the organization represented on the site (b) that you are 18 years old or older; (c) agree to provide true, accurate, current and complete information about your organization.
2.0 Engage Software hosts interactive web sites and provides Site Owners with access to its Software to facilitate the creation and maintenance of membership/ event registrations and communication with members.
Your Obligations
3.1 You are responsible for all content and commerce on the Site -- You acknowledge and agree that you are responsible for all information and materials used or displayed at your Site and all acts or omissions that occur at your Site or in connection with your account or password.
3.2 Engage Software reserves the right to refuse to host or continue to host any Site which it believes: (1) displays materials, that are illegal, obscene, vulgar, offensive, dangerous, or are otherwise inappropriate; (2) has become the subject of a government complaint or investigation; or (3) has violated or threatens to violate the letter or spirit of this agreement. If Engage Software believes that the items above are present, Engage Software will consider this a breach of the agreement and notify the Site Owner of such breach.
Proprietary Rights
4.1 Software License. Engage Software hereby grants Site Owner a non-exclusive, non-transferable license to use the Software in object code form only on a server hosted by Engage Software for the sole purpose of creating and maintaining Sites on such server. Site Owner is not being granted any right to copy the Software or to use it on computers other than a server hosted by Engage Software. Site Owner may not use Web pages or parts of Web pages generated by means of the Software, other than content that originates from and is proprietary to Site Owner, on any server other than the servers hosted by Engage Software without Engage Software' express written agreement. Site Owner also acknowledges and agrees that the Software is intended for access and use by means of web browsing software, and that Engage Software does not commit to support any particular browsing platform. Engage Software reserves the right at any time to revise and modify the Software, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of the Software, without notice to Site Owner. If any revision or modification to the Software materially changes Site Owners ability to conduct business, Site Owners sole remedy is to terminate this agreement pursuant to Section 5.1 regarding termination of service.
4.2 Engage Software Intellectual Property. You acknowledge and agree that content available from Engage Software or the Service, including but not limited to text, software, music, sound, logos, trademarks, service marks, photographs, graphics, or video, is protected by copyright, trademark, patent, or other proprietary rights and laws, and may not be used in any manner other than as specified in Section 4.1 above.
4.3 Your Property. You grant Engage Software the right to maintain your content on Engage Software' servers during the term of this agreement.
4.4 Unauthorized Access. You will not attempt to gain unauthorized access to any servers controlled by Engage Software.
Terms and Termination
5.1 Term. The Agreement will run on an annual subscription basis (12 months). After the expiration of this initial term, the agreement will automatically renew in a month to month term unless either party provides thirty (30) days written notice to the other party of its intent to not renew.
5.2 Payment. A subscription fee is due in advance for use of the Service. Payment will be processed by check, credit card or ACH via a trusted third party payment provider. Where your payment is not successful we will contact you and suspend access to your Account until payment has been made.
5.3 Termination. You may terminate this Agreement by canceling the Services and/or Software at any time by contacting us. We may terminate this Agreement and cancel the Services and/or Software for any reason upon 30 days’ notice to you. You agree that any Service Fees or other amounts due to us as outlined in this Agreement, or that you have a legal obligation to pay us, will be due and payable upon termination of this Agreement and will be debited from your Organization Bank Account immediately or at the next regularly scheduled payment.
5.4 Termination for Illegal or Other Activity. Notwithstanding the foregoing, Engage Software may, but has no duty to, immediately terminate Site Owner and remove it from Engage Software servers if Engage Software in its sole discretion concludes that Site Owner is engaged in illegal activities. Any termination under this Section 5.4 shall take effect immediately and Site Owner expressly agrees that it shall not have any opportunity to cure. Where we terminate the Agreement due to your breach we shall not be obliged to refund any subscription fees you may have paid us.
5.5 Deletion of Information. Upon termination, Engage Software reserves the right to delete from its servers any and all information contained in Site Owners account.
Your Privacy
6.1 Your Information. Engage Software maintains information about you and the Site on Engage Software servers, including but not limited to your account registration information, your customer order information. You agree that Engage Software may use your Information only when in a form aggregated with all other site owners for marketing or other promotional purposes.
6.2 Confidential Information. Engage Software agrees at all times during the term of its relationship with Site Owner and thereafter, to hold in strictest confidence, and not to use, except for the benefit of the Site Owner, any “Confidential Information” about the Site Owner. Engage understands that “Confidential Information” includes Site Owner proprietary information and technical data including without limitation all communications, notes, documents, files and records stored in the Service.
6.3 Exclusions. Confidential Information does not include information which becomes available to the public other than as a result of the disclosure by the Site Owner. Engage Software shall use the Confidential Information solely for the purpose of performing services to the Site Owner and not for any other purpose. Engage Software shall make every effort to secure and protect such Confidential Information.
6.4 You agree that Engage Software may disclose Site Owner Information in the good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply with legal process; (c) to enforce this agreement; (d) to respond to claims that the Site Owner or Site is engaged in activities that violate the rights of third parties; or (e) to protect the rights or interests of Engage Software, Site Admin or others; provided, however, that nothing in this section shall impose a duty on Engage Software to make any such disclosures.
6.5 Password. You shall receive a password from Engage Software to provide access to and use of the Software and Site Admin. You are entirely responsible for any and all activities which occur under your account and password.
6.6 Technical Access. You acknowledge and agree that technical processing of your Information is and may be required. You also acknowledge and agree that Engage Software may access your account and its contents as necessary to identify or resolve technical problems or respond to issues about the Service.
Indemnity
You agree to indemnify and hold harmless Engage Software, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your conduct, your use of the Service, the goods or services offered at your Site, any alleged violation of this agreement, or any alleged violation of any rights of another, including but not limited to your use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with your Site. Engage Software reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.
Disclaimer of Warranties & LIabilities
THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SITE OWNER ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER THIS AGREEMENT OR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SITE ADMIN SOFTWARE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE SOFTWARE WILL PROVIDE UNINTERRUPTED, TIMELY OR ERROR FREE SERVICE. ENGAGE SOFTWARE, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF ENGAGE SOFTWARE IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM SITE OWNER USE OR INABILITY TO USE THE SITE ADMIN SOFTWARE, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SITE ADMIN SOFTWARE. ENGAGE SOFTWARE'S LIABILITY TO SITE OWNER SHALL NOT, FOR ANY REASON, EXCEED $200.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Force Majeure
Neither party shall be liable to the other for any delay or failure in performance under this agreement resulting directly or indirectly from acts of nature or causes beyond its reasonable control.
Notices
Any notices or communications under this agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Engage Software, such notices shall be addressed to experts@engagesoftware.com or Emerging Technology Group, LLC, dba/Engage Software, 11870 Manchester Road, Suite 207, St. Louis, Missouri 63131. If to Site Owner, such notices shall be addressed to the electronic or mailing address specified when you opened an account, or such other address as either party may give the other by notice as provided above.
Controlling Law
This Agreement, together with all Exhibits hereto, will be governed by the laws of the State of Missouri (without regard to that state’s choice of law rules).
Dispute Resolution - Arbitration
The Parties shall act in good faith and use commercially reasonable efforts to promptly resolve any claim, dispute, controversy or disagreement (each a “Dispute”) between the parties under or related to this Agreement. Any Dispute arising out of this Agreement which cannot be resolved by the parties shall be governed exclusively by binding arbitration. The arbitration will be initiated and conducted (except as otherwise provided herein) in accordance with the Commercial Arbitration Rules of the American Arbitration Association, shall be conducted by one arbitrator, and shall be conducted in St. Louis, Missouri. Should the Parties not be able to agree on a choice of an arbitrator, then the American Arbitration Association shall make the appointment of a person who is neutral to the Parties in controversy. The arbitrator shall have expertise in the computer software field. The decision of the arbitrator shall be final and binding, and judgment on the award by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator shall have full authority to order specific performance and other equitable relief and award damages and other relief available under this Agreement or applicable law, but shall have no authority to add to, detract from, change or amend the terms of this Agreement or existing law except as specifically provided in this Agreement. The arbitrator shall also have the power to award reasonable attorney’s fees and costs to the prevailing party in any arbitration, and either party shall have the right to take appropriate action to enforce any arbitration award.
Waiver of Jury Trial
EACH PARTY HERETO WAIVES ITS RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION CONTRACT CLAIMS, TORT CLAIMS, BREACH OF DUTY CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.
Entire Agreement
This AGREEMENT constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous proposals, both oral and written, negotiations, representations, writings and all other communications between the parties. The provisions of above Sections of this Agreement shall survive any termination of the Agreement.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION, WHICH MAY BE ENFORCED BY THE PARTIES.
Agreement Last Modified: March 14, 2023