TERMS & CONDITIONS
TERMS AND CONDITIONS
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. THE INFORMATION
CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH
RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. THESE TERMS
REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE
CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO
RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE
ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR
ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR
SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE
TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD;
AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR
ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE
LAW, RULE, OR REGULATION.
1. APPLICABILITY OF TERMS AND CONDITIONS
Applicability of Terms and Conditions. These terms and conditions (these "Terms") shall
apply to your purchase of products and related services through https://www.refugeatl.com
(the "Site"). These Terms are subject to change at any time without prior written notice
by Ewing Road Baptist Church doing business as Refuge Community Church (referred to herein as either “Company,” “we,” “us,” or “our”). The most recent version of these Terms shall be posted for your review at any time on the
Site. Please review these Terms in their entirety prior to engaging in any transaction on
the Site. Your continued use of the Site after any posting of updated Terms (which shall
be dated as of their most recent update) shall constitute your acceptance of and agreement
to any changes therein made.
2. TRADEMARKS, COPYRIGHTS and OTHER INTELLECTUAL PROPERTY
The trademarks, logos, service marks, trade names, copyrights or other
intellectual property (collectively the “Refuge Community Church IP”) displayed on the Site or on
content available through the Site are registered and unregistered Refuge Community Church IP
of Refuge Community Church and others and may not be used unless authorized by the
trademark owner. All Refuge Community Church IP not owned by us that appear on the Site or on
or through the Site’s services, if any, are the property of their respective owners.
Nothing contained on the Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any Refuge Community Church IP displayed on
the Site without our written permission or that of the third party rights holder. Your
misuse of the Refuge Community Church IP displayed on the Site is strictly prohibited.
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3. ONLINE ORDERS
When placing an order on our Site, you are effectively offering to purchase whatever
products and services you select. We reserve the right to accept or reject any order in our
own discretion. We will only accept or reject an order in its entirety. Should we elect to
accept your offer, you will receive a confirming email at the email address that you
provide at such time. Notwithstanding, we reserve the right to cancel any order once
accepted by us (as evidenced by a confirming email) at any time in our sole discretion.
Additionally, you have the option of cancelling your order (in its entirety only) at any
time prior to our having sent to you the confirming email referenced herein.
4. PAYMENT TERMS
All applicable prices are set forth alongside the goods and services offered on the Site.
Such prices are subject to change at any time by us in our sole discretion. Additionally, to
the extent that we offer a promotion in connection with any particular item, the terms of
such offer shall be set forth in a separate document that shall govern its applicability (and,
in the event of a conflict herewith, be considered the governing document). You will be
responsible for the prices stated at the time of your transaction, as well as any sales, use,
excise, and related taxes. Payment may only be made with a valid credit, debit card, or
use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or
payment provider, you are hereby representing and warranting your full right and
authority to make such purchase in the manner elected without violating any applicable
law, rule, or regulation.
5. BUYER SATISFACTION
You agree that products and services are designated as non-returnable. We agree that
products or services will be performed to your satisfaction and agree to allow a
reasonable period of time for you to determine if the products or services provided by us
were performed in a satisfactory manner. If you determine within a reasonable period of
time that the products or services provided by us are not satisfactory, and we are so
notified and given reasonable time to provide corrective services, you will not be charged
for such product or service.
6. PRIVACY POLICY
Please review the Privacy Policy, which can be found at [URL for Privacy Policy]. The
Privacy Policy governs our processing of all personal information that we may collect
from any person through the use of our Site.
7. INTELLECTUAL PROPERTY OWNERSHIP
You acknowledge and agree that all uses on the Site and in these Terms of the words
"sell," “buy,” "sale," "resale," "purchase," and the like refer to the purchase or sale of a license only. As such, all goods and services provided hereunder are offered solely for
license, and not actually for sale to you or any third party. Your use, therefore, shall be
subject at all times to the terms of the license agreement applicable to any such goods or
services (including without limitation those terms that pertain to use restrictions,
confidentiality obligations, copying, distribution, sublicensing, reverse engineering, and
modifications). The license agreement(s) shall be posted alongside a description of the
goods or services on the Site at all times. Additionally, you understand and acknowledge
that the we (and/or our third-party licensor(s), as applicable) will remain the sole and
exclusive owner(s) of all intellectual property rights incorporated in any such products or
services (and any related documentation, instructions, or other materials provided
therewith), subject to your limited license to exploit the goods or services pursuant to the
terms hereof and the applicable license agreement(s). For clarification, you will not
acquire ownership rights in and to the intellectual property rights incorporated in any
purchased goods or services.
​
8. PROHIBITED USER CONDUCT
You warrant and agree that, while using the Site and the various services and features
offered on or through the Site, you shall not: (i) impersonate any person or entity or
misrepresent your affiliation with any other person or entity; (ii) insert your own or a
third party’s advertising, branding or other promotional content into any of the Site’s
content, materials or services, or use, redistribute, republish or exploit such content or
service for any further commercial or promotional purposes; or (iii) attempt to gain
unauthorized access to other computer systems through the Site. In addition, you warrant
and agree that you shall not: (i) engage in spidering, “screen scraping,” “database
scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal
information, or any other automatic means of accessing, logging-in or registering on the
Site or for any services or features offered on or through the Site, or obtaining lists of
users or obtaining or accessing other information or features on, from or through the Site
or the services offered on or through the Site, including, without limitation, any
information residing on any server or database connected to the Site or any services
offered on or through the Site; (ii) obtain or attempt to obtain unauthorized access to
computer systems, materials, information or any services made available on or through
the Site through any means; (iii) use the Site or the services made available on or through
the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair
the Site or such services, including, without limitation, sending mass unsolicited
messages or “flooding” servers with requests; (iv) use the Site or the Site’s services or
features in violation of Refuge Community Church's or any third party’s intellectual property or other
proprietary, personal or legal rights; or (v) use the Site or the Site’s services in violation
of any applicable law. You further agree that you may not attempt (or encourage or
support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise
alter or interfere with the Site or the Site’s services, or any content thereof, or make
unauthorized use thereof. You agree that you will not use the Site in any manner that
could damage, disable, overburden, or impair the Site or interfere with any other party’s
use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made publicly available or provided for
through the Site.
9. PUBLIC FORUMS
Refuge Community Church may, from time to time, make messaging services, chat services, bulletin
boards, message boards, blogs, other forums and other such services available on or
through the Site. In addition to any other rules or regulations that we may post in
connection with a particular service, you agree that you shall not upload, post, transmit,
distribute or otherwise publish through the Site or any service or feature made available
on or through the Site, any materials which (i) restrict or inhibit any other user from using
and enjoying the Site or the Site’s services, (ii) are fraudulent, unlawful, threatening,
abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic,
profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would
constitute a criminal offense, give rise to civil liability or otherwise violate any local,
state, national or international law, (iv) violate, plagiarize or infringe the rights of third
parties including, without limitation, copyright, trademark, trade secret, confidentiality,
contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a
virus, spyware, or other harmful component, (vi) contain embedded links, advertising,
chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or
misleading indications of origin, endorsement or statements of fact. You further agree not
to impersonate any other person or entity,
whether actual or fictitious, including anyone from the Site or Refuge Community Church. You alone are
responsible for the content and consequences of any and all of your activities.
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10. RIGHT TO MONITOR AND EDITORIAL CONTROL
Refuge Community Church reserves the right, but does not have an obligation, to monitor and/or review
materials, in whole or in part, posted to the Site or through the Site’s services or features
by users, and Refuge Community Church is not responsible for any such materials posted by users.
However, Refuge Community Church reserves the right at all times to disclose any information as
necessary to satisfy any law, regulation or government request, or to edit, refuse to post
or to remove any information or materials, in whole or in part, that in Refuge Community Church's sole
discretion are objectionable or in violation of these Terms of Service, Refuge Community Church's
policies or applicable law. We may also impose limits on certain features of the forums or
restrict your access to part or all of the forums without notice or penalty if we believe you
are in breach of the guidelines set forth in this paragraph, our terms and conditions or
applicable law, or for any other reason without notice of liability.
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11. TERMINATION
These Terms begin on the date you first use this Site and continue as long as you
continue to use the Site. Refuge Community Church may terminate, change, suspend, or discontinue any
aspect of the Site or the Site’s services at any time. Refuge Community Church may restrict, suspend, or
terminate your access to the Site and/or its services if we believe you are in breach of its
terms and conditions or applicable law, or for any other reason without notice or liability.
​
12. NOTICE TO GEORGIA RESIDENTS
Pursuant to GA. Civil Code § 1789.3, please note that (a) Refuge Community Church is located at 4699 Ewing Road, Austell Georgia 30106 (b) The fees for the Goods and/or charges
for the Services vary depending on the services selected by you, and (c) If you have a
complaint regarding the Services or desire further information on use of the Services,
email: _________________.
13. AGE
Users must be either 18 years of age or older, or an emancipated minor, or possess legal
parental or guardian consent, and be fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and warranties set forth in these
Terms of Service, and to abide by and comply with these Terms. You hereby represent
and warrant that, you are domiciled in the United States and you are 18 years old or
older. In any case, you hereby represent and warrant that you are 13 years of age or older,
as this Site is not intended for children under 13. A user’s right to participate in this site
may be terminated without warning, if Refuge Community Church discovers that a user is under 13 years
of age.
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14. COPYRIGHT COMPLAINTS
Refuge Community Church and our affiliates respect the intellectual property rights of others. If you
believe that your work has been copied in a way that constitutes copyright infringement,
please follow our procedure below.
Please send an email or written notice to our designated agent for notices of infringement
at: EMAIL:info@refugeatl.com and/or 4699 Ewing Road, Austell, Georgia
30106 and provide the following information: (i) an electronic or physical signature of
the person authorize to act on behalf of the owner of the copyright interest; (ii) a
description of the copyrighted work that you claim has been infringed; (iii) a description
of the material that you claim is infringing is located on the Site; (iv) your address,
telephone number, and email address; (v) a statement made by you that you have a good
faith belief that the disputed use is not authorized by the copyright owner, its agent, or the
law; and (vi) a statement made by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner’s behalf.
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15. REPRESENTATIONS & WARRANTIES (R&WS); DISCLAIMERS;
LIMITATIONS ON LIABILITY
(a) Buyer’s R&Ws. You represent and warrant to us as follows: (i) that you have the
right to enter any transaction contemplated for hereby without violating these Terms,
any applicable law, rule, or regulation, and/or any agreement with, or rights of, any
third party; (ii) that you will use the goods and services provided hereunder exactly as
authorized and never in any way that would violate any applicable law or third party
right of any kind; and (iii) that you are buying goods or services from the Site for
solely your own use, and not for resale or export.
(b) COMPANY’S WARRANTY AND DISCLAIMERS. THE SITE, INCLUDING,
WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND
MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA,
DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS,
ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY,
USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES
OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL
SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT
THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR
MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE,
UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE
CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET
YOUR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR
THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN. REFUGE COMMUNITY CHURCH ALSO ASSUMES NO RESPONSIBILITY,
AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT
MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON
ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR
YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES,
VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE
SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
(c) LIABILITY CAP. UNDER NO CIRCUMSTANCES WILL COMPANY’S
OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE
PURCHASE PRICE YOU PAID ON THE SITE FOR ANY PRODUCTS OR
SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE
LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL,
REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR
INDIRECT LOSSES OF ANY KIND.
16. THIRD-PARTY BENEFICIARIES
These Terms are for your sole benefit and nothing herein, express or implied, is intended
to or shall confer upon any other person or entity any legal or equitable right, benefit, or
remedy of any nature whatsoever under or by reason of these Terms.
17. FORCE MAJEURE
Company shall not be held responsible for delays or non-performance caused by
activities or factors beyond its reasonable control, including without limitation, war,
weather, strikes or other labor problems, pandemics. floods, lockouts, fires, acts of God,
terrorism, and/or delivery, vendor, supplier, or other third-party delays, non-performance,
computer attacks or malicious acts, such as attacks on or through the internet, any internet
service provider, telecommunications or hosting facility, or failures of any kind. Dates by
which performance obligations are scheduled to be met will be extended for a period of
time equal to the time lost due to any delay so caused.
18. ASSIGNMENT
Company may assign or otherwise transfer any or all of its rights or obligations
hereunder, in whole or in part, to any third party in its sole discretion. You may not
assign any of your rights or delegate any of your duties hereunder at any time without our
prior written consent in each instance, and any attempt to do so shall be null and void.
19. PARTIAL INVALIDITY
In the event that any part or portion of these Terms is deemed to be invalid, illegal, or
unenforceable, the remaining provisions shall continue in full force and effect.
20. GOVERNING LAW/BINDING ARBITRATION
(a) Governing Law. These Terms shall be governed by the laws of the State of Georgia
without regard to its conflict of laws principles.
(b) Binding Arbitration. Subject to subsection (c) below and all applicable laws, you are
agreeing to give up: (i) your right to litigate any claims that may arise hereunder in
court or before a jury; and (ii) your right to consolidate any claim and/or participate in
any class-action claim that may arise hereunder in any manner or forum. Instead, any
claim, dispute, or controversy of any kind or nature arising hereunder which cannot
be amicably resolved by us shall be solely and finally settled by arbitration
administered by the American Arbitration Association in accordance with its
commercial arbitration rules. Judgment on the award rendered by the arbitrator(s)
may be entered in any court having jurisdiction thereof. The arbitration shall take
place before a panel of one arbitrators sitting in Cobb County, Georgia. The
language of the arbitration shall be English. The arbitrators will be bound to
adjudicate all disputes in accordance with the laws of the State of Georgia. The
decision of the arbitrator(s) shall be in writing with written findings of fact and shall
be final and binding on the parties. Company shall bear all of its own costs, as well as
your reasonable outside attorneys’ fees, actually incurred in connection with any such
arbitration proceedings; provided, however, that if we are the prevailing party, we
shall be entitled to reimbursement for those amounts that were expended on your
behalf. With respect to any arbitration hereunder, as stated above, you hereby
expressly waive any right to consolidate any claim and/or participate in any class-
action claim of any kind or nature. This Section 12. provides your sole recourse for
the settlement of any disputes arising out of, in connection with, or related to these
Terms. If any provision of this clause is found unenforceable, such unenforceable
provision will be removed and the remaining terms will be enforced.
(c) Small-Claims Option. Notwithstanding the foregoing, you may elect to pursue a
breach of warranty claim in small-claims court rather than submit to binding
arbitration, but only if you provide us with written notice of your desire to do so
within 90 days of your purchase transaction. Any small-claims court proceeding
initiated hereunder will be limited solely to your individual dispute; i.e., you are not
permitted to file, or participate in, a class action suit in small-claims court with
respect to these Terms.
21. NO WAIVERS
Our failure to enforce any of our rights hereunder will not constitute a waiver of our right
to make such enforcement in the future, subject to applicable law.
22. NOTICES
We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting
them on the Site. You shall be responsible for ensuring that you have provided us with
your current email and mailing addresses. You can contact us at any time by any of the
following means: (i) personal delivery, overnight courier, or registered or certified mail
to:
Refuge Community Church
4699 Ewing Road
Austell, GA 30106
23. ENTIRE AGREEMENT
These Terms, along with the confirmation email referenced in Section 2. above, any
instructions that we provide you with relating to any product or service you obtain from
us through the Site including without limitation any license agreement, any terms and
conditions that may be provided in connection with any promotion or other sale, and our
Site’s ‘Terms of Use’ and ‘Privacy Policy,’ shall, collectively, be deemed a final and
integrated agreement between you and us with respect to the subject matter hereof.