PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE ACCESSING ANY PART OF THE WEBSITE/PORTAL AND ITS SERVICES.
The following are the terms and conditions for use of http://vocationsarcho.org/ and its services (collectively referred to as the “Services”). The Services are developed and owned by Labadie Communications, Inc. and licensed to the Archdiocese of Omaha. The disclaimers, limitations, rights, and obligations described in these Terms apply with equal force to both Labadie and the Archdiocese. For the purposes of these Terms, Labadie and the Archdiocese are collectively referred to as the “Archdiocese,” “us,” or “we.”
By accessing the Services, continuing to access the Services, or submitting any information through the Services, and in consideration for the services the Archdiocese provides to you, YOU (the terms “you” or “yours” includes the person or entity that is accessing the Services as well as any third-parties accessing the Services on your behalf) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS GOVERNING THE USE OF THE WEBSITE AND ITS SERVICES (the “Terms”). Use of the Services is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
I. USER ACCOUNTS, REGISTRATION, AND INFORMATION SUBMISSION
Registration. In order to utilize some of the Services, you must register and create an account. In order to create an account, you must complete the registration process by providing the Archdiocese, or a third-party engaged by the Archdiocese, with the requested information contained on the registration form, including a username, password, and contact information. You shall protect your password and take full responsibility for your own and third party activities that occur under your account. You agree to notify the Archdiocese immediately of any unauthorized use of your account or any other breach of security. If you create an account on behalf of an entity, these Terms bind both you and the entity.
Contact Information and Communications. By providing the Archdiocese your contact information, you affirmatively consent to the Archdiocese contacting you via any contact method you provide, including email, cell phone, text message, postal address, or other contact methods. If you provide the Archdiocese your cell phone number, you consent to the Archdiocese contacting you via text message or telephone call in order to provide information about the Services, the Archdiocese, or related information.
Information Submission and Age Restriction. By submitting any information, including any User Content as defined below, through the Services, you represent and warrant that you are 13 years of age or older, and, if under the age of majority in your state, you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms and use the Services. The Archdiocese does not intend to use the Services to collect any information from children under age 13.
Refusal of Service. The Archdiocese reserves the right, with or without notice, to terminate the account of, or refuse service to, any persons that violate these Terms, violate any party’s intellectual property rights, abuse other Services users, misuse the Services, or otherwise engage in inappropriate conduct, as determined by the Archdiocese in its sole discretion.
II. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
The Archdiocese reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy governing the use of the Services, at any time, by posting the new terms on the Services. The most current version of these Terms will be located on this page. You understand and agree that your access to or use of the Services is governed by the then‑current Terms that are effective at the time of your access to or use of the Services. If we make material changes to these Terms, we will notify you by updating the “Updated” date indicated at the top of this page with the date that revisions to these Terms were last made. You should revisit these Terms on a regular basis as revised versions will be binding upon you. Any such modification will be effective upon our posting of such new Terms. You understand and agree that your continued access to or use of the Website after the effective date of modifications to the Terms indicates your acceptance of the modifications.
III. PROPRIETARY RIGHTS
The Archdiocese expressly reserves all right, title, and interest in and to the Services and the website’s content, including any copyright, patent, or trademark or other intellectual property right, or federal or state right, pertaining thereto.
IV. USER-GENERATED/THIRD-PARTY CONTENT
Overview. The Services may allow users and third-parties to upload, post, submit, or otherwise transmit (collectively “Post”) user-generated content, including but not limited to photographs, pictures, comments, recommendations, reviews, and other forms of data or communications (“User Content”). Your Posting of User Content and the Archdiocese’s or any other user’s use of User Content is governed by these Terms. The Archdiocese does not guarantee the accuracy or truthfulness of any User Content.
User Obligations and License; Intellectual Property. You alone own and are solely responsible for all User Content you Post on or through the Services and once Posted, it cannot always be withdrawn. You agree not to Post through the Services any User Content which is false, defamatory, infringes upon another party’s intellectual property, or is otherwise illegal. By Posting User Content on the Services, you warrant and represent that you have the right to post such information and that such information is truthful and accurate.
By Posting User Content, you automatically grant, and warrant and represent that you have the right to grant, the Archdiocese a perpetual, irrevocable, royalty-free, worldwide, non‑exclusive, assignable, sublicensable, transferable license to use, copy, perform, display, and distribute such User Content for any purpose and to prepare derivative works of, or incorporate into other works, such User Content.
You assume all risks associated with the User Content you Post on the Services, including anyone’s reliance on its quality or reliability. By Posting User Content you may expose yourself to liability if, for example, your Posted User Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Rules of Conduct. In addition to all other obligations and terms stated in these Terms, you agree to abide by any rules of conduct or community guidelines posted on the Services. The Archdiocese reserves the right to exclude or suspend any user who violates these rules of conduct, and reserves the right, but does not undertake an affirmative obligation, to remove, screen or edit any content which is contrary to these rules without prior notice.
Communications Decency Act and Disclaimer. As provided in 47 U.S.C. § 230(c)(1), the Archdiocese is only a distributer, and not the publisher or speaker, of any User Content. As such, the Archdiocese cannot be held liable for making available any User Content which may be false or inaccurate. Any information or opinions contained in the User Content made available through the Services are those of their respective authors alone. User Content does not necessarily reflect the opinion of the Archdiocese, any Parish within the Archdiocese, or the Catholic Church. The Archdiocese does not guarantee the accuracy, completeness, or truthfulness of any User Content. Under no circumstances will the Archdiocese be responsible for any loss or damage resulting from any person’s reliance on any User Content.
Reservation of Rights. Subject to Section V below, regarding the DMCA, the Archdiocese reserves the right to remove or not remove any User Content from the Services for any reason or no reason at all, in the Archdiocese’s sole discretion. This reservation includes the exclusive right to decide whether to publish, withdraw, postpone, or alter any User Content. The Archdiocese reserves the right, but does not undertake any affirmative obligation, to screen, monitor, or filter User Content.
Information Storage and Access. The Archdiocese reserves the right, in its sole discretion, to determine whether and how long to store User Content and user data. The Archdiocese will not be responsible for any liability related to the deletion or removal or any data or content maintained on the Services or the Archdiocese’s servers.
Suggestions. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against the Archdiocese and its users any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback.
V. DIGITAL MILLENNIUM COPYRIGHT ACT
The Archdiocese respects the intellectual property rights of others and complies with safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”). Anyone who believes that their work has been reproduced on the Website in a way that constitutes copyright infringement may notify the Archdiocese’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Website so that the copyright agent can locate it;
- Your address, telephone number, and, if available, email address, so that the copyright agent may contact you about your complaint; and
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notifications of claimed infringement should be forwarded to:
Alexander D. Boyd
500 Energy Plaza
409 S. 17th Street
Omaha, NE 68102
If you give notice of copyright infringement by text email, the Archdiocese’s copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your email before we are required to take any action.
The Archdiocese reserves the right, in its sole discretion, to terminate accounts for users that are deemed to be repeat copyright infringers.
VI. PAYMENT POLICY
The Services may, from time to time, allow you to make payments through the Services. For example, the Archdiocese, a Parish, or another organization may accept donations through the Services. Similarly, these organizations may also sell products or services to you through the Services.
If you place an order or make a pledge through the Services, then you agree to pay the applicable price, cost, or fee as they become due. If you make a payment through the Services, then you consent to the Archdiocese storing your payment information. If you provide the Archdiocese a credit card, you consent to the Archdiocese or its processor charging your credit card for the full price of your purchase or donation. All purchases or donations are subject to any additional terms provided by the Archdiocese at the time you place your order or payment.
The Archdiocese may use third-parties to process payments on the Services, as in Section VII below.
The Archdiocese does not guarantee any refunds of any payments made through the Services. All quoted prices are subject to change.
VII. THIRD-PARTY SERVICES
The Services may use or provide access to one or more third-parties to process payments, process account or user registrations, serve advertisements, or provide other services. The use of such third-party services are subject to the third-party’s terms of service. Any disputes arising regarding a third party’s services must be resolved directly between user and the third-party. The Archdiocese disclaims all warranties or representations regarding any third-party services.
VIII. REPRESENTATIONS, WARRANTIES, OR DISCLAIMERS
The Archdiocese does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Services will be accurate, truthful, or complete, (ii) the Services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Services or the server that makes them available, are free of viruses or other harmful component, or (v) the use or the results of the use of the Services will be correct, accurate, timely, or otherwise reliable. The information provided on the Services is for general informational purposes only.
Further, the Archdiocese expressly disclaims any representation or warranty relating to any products or services displayed, described, advertised, reviewed, recommended, linked to, or pictured on the Services. The Archdiocese does not endorse any such products or services and does not warrant that any such products or services are available, will meet the user’s needs, are appropriate for any particular use, or are of any certain quality. Likewise, the Archdiocese does not guarantee that any product or service descriptions, reviews, portrayals, specifications, or the like are accurate. Under no circumstances will the Archdiocese be responsible for any loss or damage resulting from any person’s reliance on any such product or service descriptions, reviews, or specifications contained on the Services.
THE WEBSITE AND ITS SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY THE ARCHDIOCESE EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. THE ARCHDIOCESE DOES NOT WARRANT THAT THESE SERVICES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, PRODUCTS, OR SERVICES PROVIDED THROUGH THE WEBSITE OR ITS SERVICES. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
If you access the Website or any of its related services through a mobile device, your wireless service carrier may charge you data rates and related fees.
X. COMPLIANCE AND PROHIBITED ACTIONS
You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third-parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy, rights of celebrity, or other federal or state law, rule, or regulation.
You agree to indemnify, hold harmless and defend the Archdiocese, any Parish within the Archdiocese, Labadie Communications, Inc., any web hosting company that hosts the Services, and each of these parties’ officers, directors, employees, agents, or affiliates (collectively the “Indemnified Parties”) at your expense, against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties arising out of or relating to (i) your breach of any term or condition of these Terms, (ii) your Posting of User Content, (iii) your use of the Services, or (iv) your unauthorized use of the Services. In such a case, the Indemnified Party or Parties will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. The Indemnified Party or Parties will reserve the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
XII. LIMITATIONS OF LIABILITY
THE ARCHDIOCESE WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS OF DATA OR INFORMATION, OR (D) REPUTATIONAL HARM, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF THE ARCHDIOCESE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, THE ARCHDIOCESE’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE FEES PAID BY YOU FOR THE WEBSITE’S SERVICES DURING THE PREVIOUS SIX (6) MONTHS, OR (2) ONE HUNDRED AND 00/100 DOLLARS ($100.00). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
XIII. TERMS AND TERMINATION
By submitting your contact information to the Archdiocese, you consent to the Archdiocese contacting you via any of the contact information you provide, including telephone, text message, regular mail, or email.
XV. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
XVI. APPLICABLE LAW AND VENUE
These Terms shall be governed by and construed under the laws of the State of Nebraska without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Nebraska law, rules, and regulations, Nebraska law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in the State of Nebraska. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms. The services provided by the Archdiocese hereunder are controlled by U.S. Export Regulations, and they may not be exported to or used by embargoed countries or individuals. Any notices to the Archdiocese concerning these Terms or the Services must be sent to both of the following addresses:
Labadie Communications, Inc.
P.O. Box 699
Bellevue, NE 68005-0699
Archdiocese of Omaha
100 N 62nd St.
Omaha, NE 68132
via first class or air mail or overnight courier, and are deemed given upon receipt.
These terms may be enforced by the Archdiocese, any Parish within the Archdiocese that utilizes the Services, or Labadie Communications, Inc. These Terms (including any amendment agreed upon by the parties in writing) represent the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of these Terms are held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. A waiver of any default is not a waiver of any subsequent default. The relationship between the Archdiocese and you is not one of a legal partnership relationship, but is one of independent contractors. These Terms shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.