NewHope Church

Website and SMS Messaging

Terms & Conditions of Use

 

Last Updated: October 12, 2025

Thank you for choosing to be part of our online community at NewHope Church (“NewHope,” “we”, “us,” or “our”).   These Website Terms & Conditions of Use (our “Terms of Use”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and NewHope.  Together with any documents expressly incorporated by reference herein, our Terms of Use govern your access to and use of www.newhopechurch.org, including any content, functionality, and services offered on or though www.newhopechurch.org (our “Website”).

Please read our Terms of Use carefully before you start to use our Website.  By accessing, browsing, using, clicking on, registering an account, or otherwise engaging with (collectively, “interacting”) any part of our Website, you are accepting and agreeing that you have read, understood, and agree to be bound and abide by our Terms of Use and our Privacy Notice.  IF YOU DO NOT WANT TO ARGEE TO OUR TERMS OF USE OR PRIVACY NOTICE, THEN YOU MUST NOT INTERACT WITH OUR WEBSITE.

Our Website is offered and available to users who are 18 years of age or older and reside in the United States (“U.S.”).  By interacting with our Website, you represent and warrant that you are at least 18 years old and reside in the U.S.  If you are not 18 years of age or do not live in the U.S., you must not interact with our Website.

1. CHANGES TO OUR TERMS OF USE

We reserve the right, in our sole discretion, to make changes or modifications to our Terms of Use at any time and for any reason.  We will alert you about any changes by updating the “Last Updated” date of our Terms of Use, and you waive any right to receive specific notice of each such change.  All changes are effective immediately when we post them and apply to all access to and use of our Website thereafter.  It is your responsibility to periodically review our Terms of Use to stay informed of updates.  You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued interaction with our Website after the date such revised Terms of Use are posted.

2. YOUR USER REPRESENTATIONS

By interacting with our Website, you are representing and warranting that: (1) all information you submit on or through our Website is true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such information as necessary; (3) you have the legal capacity to agree to comply with our Terms of Use; (4) you are 18 years of age or older; (5) you will not access our Website through automated or nonhuman means, whether through a bot, script, or otherwise; (6) you will not use our Website for any illegal or unauthorized purpose; and (7) your use of our Website will not violate our Terms of Use or any applicable law or regulation.

3. ACCESSING OUR WEBSITE AND ACCOUNT SECURITY

To access portions of our Website or some of the resources or services we offer, you may be required to provide certain registration details or other information.  It is a condition of your use of our Website that all the information you provide on or through our Website is correct, current, and complete.  You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with policies and practices outline in our Privacy Notice.  If you choose, or are provided with, a username or password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Website or portions of it using your username, password, or other security information.  You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

4. INTELLECUTAL PROPERTY RIGHTS

Unless otherwise indicated, our Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on our Website (collectively, our “Content”) and the trademarks, service marks, and logos contained therein (our “Trademarks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the U.S., foreign jurisdictions, and international conventions.  Our Content and Trademarks are provided on our Website "AS IS" for your information and personal use only.  Your computer may temporarily store copies of our Content in RAM incidental to your accessing and viewing those materials, and you may store files that are automatically cached by your Web browser for display enhancement purposes.  Except as expressly provided in our Terms of Use, no part of our Website, Content, or Trademarks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.  If you wish to make any use of any Content on our Website other than as expressly permitted herein, please email us at office@newhopechurch.org.

Provided that you are eligible to use our Website, you are granted a limited license to access and use our Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.  When using this limited license, you must not: (1) modify copies of any Content from our Website; (2) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or (3) delete or alter any copyright, trademark, or other proprietary rights notices from copies of any Content from our Website.  We reserve all rights not expressly granted to you in and to our Website, Content, and Trademarks.

5. PROHIBITED ACTIVITIES 

You may not access or use our Website for any purpose other than that for which we make our Website available.  Our Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of our Website, you agree not to:

  1. Systematically retrieve data or other content from our Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Use a buying agent or purchasing agent to make purchases on our Website.
  3. Make any unauthorized use of our Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  4. Circumvent, disable, or otherwise interfere with security-related features of our Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of our Website and/or the Content contained therein.
  5. Engage in unauthorized framing of or linking to our Website.
  6. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  7. Make improper use of our support services or submit false reports of abuse or misconduct.
  8. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  9. Interfere with, disrupt, or create an undue burden on our Website or the networks or services connected to our Website.
  10. Attempt to impersonate another user or person or use the username of another user.
  11. Sell or otherwise transfer your profile.
  12. Use any information obtained from our Website in order to harass, abuse, or harm another person.
  13. Use our Website as part of any effort to compete with us or otherwise use our Website and/or our Content for any revenue-generating endeavor or commercial enterprise.
  14. Delete the copyright or other proprietary rights notice from any Content.
  15. Harass, annoy, intimidate, or threaten any of our employees, agents, or volunteers engaged in providing any portion of our Website to you.
  16. Attempt to bypass any measures of our Website designed to prevent or restrict access to our Website, or any portion of our Website.
  17. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Website.
  18. Copy or adapt our Website's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  19. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of our Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of our Website.
  20. Use our Website in a manner inconsistent with any applicable laws or regulations.
  21. Disparage, tarnish, or otherwise harm, in our opinion, us and/or our Website.
  22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses our Website, or using or launching any unauthorized script or other software.
  23. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
  24. Use our Website to advertise or offer to sell goods and services.

6. USER UPLOADS AND CONTENT STANDARDS

Our Website may contain interactive features that allow you to publicly (your “Public Uploads”) or privately (your “Private Uploads”) post, submit, publish, display, transmit, or otherwise upload (collectively, “upload”) content or materials to us or other users on or through our Website (collectively, “User Uploads”).   Your User Uploads must entirely comply with all applicable federal, state, local, and international laws and regulations.  Without limiting the foregoing, your User Uploads must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with our Terms of Use and our Privacy Notice.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization. 
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

By uploading your User Uploads, you grant us a worldwide, non-exclusive, royalty-free, perpetual, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Uploads in connection with the operation of our Website and our business, including for the purposes disclosed in our Privacy Notice.  For your Private Uploads, this license is limited to the purposes disclosed in the Privacy Notice or as otherwise provided at the time of upload.

For more information about how we use your User Uploads and the information therein, please see our Privacy Notice.  You represent and warrant that: (1) you own or control all rights in and to your User Uploads and have the right to grant the license herein; and (2) all of your User Uploads do and will comply with these Terms of Use.  You understand and acknowledge that you are responsible for any User Uploads you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.  We are not responsible or liable to any third party for the content or accuracy of any User Uploads uploaded by you or any other user of our Website. 

7. MONITORING AND ENFORCEMENT

We reserve the right, but not the obligation, to: (1) monitor our Website for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, notice, or liability, take any action with respect to any User Uploads that we deem necessary or appropriate, including if we believe that such User Upload violates our Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of our Website or the public, or could create liability for NewHope; (4) in our sole discretion and without limitation, notice, or liability, to remove from our Website or otherwise disable all files, content and/or User Uploads; (5)  disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (6) otherwise manage our Website in a manner designed to protect our rights and property and to facilitate the proper functioning of our Website. 

We cannot and do not undertake to review all material before it is posted on our Website and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user (including User Uploads) or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

8. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use our Website.  WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TERMINATE YOUR USE OR PARTICIPATION IN OUR WEBSITE OR DELETE YOUR ACCOUNT AND ANY USER UPLOADS OR INFORMATION THAT YOU PROVIDED TO US AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.  In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

9. COPYRIGHT INFRINGEMENT

If you believe that any User Contributions or other content on our Website violate your copyright, please follow the instructions below to send us a notice of copyright infringement.  It is our policy to terminate the user accounts of repeat infringers.

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously.  We will respond to notices of alleged copyright infringement that comply with applicable law.  If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from our Website by submitting written notification to our copyright agent designated below (a “DMCA Notice”).  In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), if you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Our designated copyright agent to receive DMCA Notices is:

    Attn: Erick Pece
    NewHope Church, Inc.
    7691 Fayetteville Rd
    Durham, NC 27713
    dmca@newhopechurch.org

Please be aware that if you knowingly materially misrepresent that material or activity on our Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on our Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above.  The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on our Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.] 

10. RELIANCE ON INFORMATION POSTED

The information presented on or through our Website is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Website, or by anyone who may be informed of any of its contents.

As described more fully in Section 16 of our Terms of Use, our Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by NewHope, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of NewHope.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided on or through our Website.

11. CHANGES TO OUR WEBSITE

We reserve the right to change, modify, or remove the contents of our Website at any time or for any reason at our sole discretion without notice.  However, we have no obligation to update any information on our Website.  We also reserve the right to modify or discontinue all or part of our Website without notice at any time.  We will not be liable to you or any third party for any modification, suspension, or discontinuance of our Website.

We cannot guarantee our Website will be available at all times.  We may experience hardware, software, or other problems or need to perform maintenance related to our Website, resulting in interruptions, delays, or errors.  We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify our Website at any time or for any reason without notice to you.  You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Website during any downtime or discontinuance of our Website.  Nothing in these Terms of Use will be construed to obligate us to maintain and support our Website or to supply any corrections, updates, or releases in connection therewith.

There may be information on our Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information.  We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on our Website at any time, without prior notice.

12. INFORMATION WE COLLECT ABOUT YOU

All information we collect on our Website is subject to our Privacy Notice.  By interacting with our Website, you consent to all actions taken by us with respect to your information in compliance with our Privacy Notice.  

13. TEXT MESSAGING WITH US

NewHope uses a third-party service provider to send and receive SMS text messages.  These messages help us communicate with church members, visitors, and others connected to our community.

By signing up to receive text messages, you agree to receive informational SMS messages from NewHope, such as event reminders, registration details, donation assistance, and weather-related updates.

Message frequency may vary.  Message and data rates may apply.

You can opt out at any time by replying “STOP.”  After you send “STOP,” we’ll confirm your unsubscribe status by text message.  To rejoin, simply sign up again.

If you need help with our messaging service, reply “HELP” or contact us at office@newhopechurch.org.

Carriers are not liable for delayed or undelivered messages.

To learn how we collect, use, and protect your information, please read our Privacy Notice.

14. LINKING TO OUR  WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior written consent.

Our Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on our Website.
  • Cause limited portions of content on our Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause our Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of our Website other than the homepage.
  • Otherwise take any action with respect to the materials on our Website that is inconsistent with any other provision of our Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in Section 6 of our Terms of Use.  You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.  We reserve the right to withdraw linking permission without notice.  We may disable all or any social media features and any links at any time without notice in our discretion. 

15. THIRD-PARTY ACCOUNT INTEGRATION

As part of the functionality of our Website, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through our Website; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.  You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.  

By granting us access to any Third-Party Accounts, you understand that: (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through our Website via your account, including without limitation any friend lists; and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.  Depending on the Third-Party Account you choose, and subject to the privacy settings that you have set in such Third-Party Account, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on our Website.  Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through our Website.  You will have the ability to disable the connection between your account on our Website and your Third-Party Accounts at any time.  PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.  

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.  You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use our Website.  You can deactivate the connection between our Website and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable).  We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

16. THIRD-PARTY LINKS ON OUR WEBSITE

Our Website may contain (or you may be sent via our Website) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).  Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through our Website or any Third-Party Content posted on, available through, or installed from our Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.  If you decide to leave our Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from our Website or relating to any applications you use or install from our Website.  Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.  You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services.  Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

17. GEOGRAPHIC RESTRICTIONS

Our Website is intended for use only by individuals located in the U.S.  We make no representations that our Website or its content is appropriate or accessible outside the U.S. Accessing the Website from other jurisdictions is done at your own initiative, and you are solely responsible for complying with all applicable local laws and regulations.  The information provided on the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to law or would subject us to any registration or regulatory requirements within that jurisdiction.

18. DISCLAIMER OF WARRANTIES

OUR WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.  YOU AGREE THAT YOUR USE OF OUR WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, SECURITY RELIABILITY, QUALITY, OR AVAILABILITY OF OUR WESBITE OR THE CONTENT OF ANY WEBSITES LINKED TO IT.  WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT: (1) THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; (2) DEFECTS WILL BE CORRECTED; (3) OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE.

YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE FOR ANY RECONSTRUCTION OF LOST DATA.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. LIMITATION OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF OUR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF  (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNT PAID, IF ANY, BY YOU TO US.  THE FOREGOING LIMITATIONS DO NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

20. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, licensors, service providers, and all of our respective officers, directors, agents, partners, employees, contractors, suppliers, successors, and assigns, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of our Website; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of our Website with whom you connected via our Website.  Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.  We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

21. GOVERNING LAW AND JURISDICTION

Our Terms of Use and your use of our Website are governed by and construed in accordance with the laws of the State of North Carolina applicable to agreements made and to be entirely performed within the State of North Carolina, without regard to its conflict of law principles.

22. DISPUTE RESOLUTION

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration.  Such informal negotiations commence upon written notice from one Party to the other Party.

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration.  YOU UNDERSTAND THAT WITHOUT THIS PROVISION; YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.  The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.  Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.  The arbitration may be conducted in person, through the submission of documents, by phone, or online.  The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.  Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Mecklenburg County, NC.  Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Mecklenburg County, NC, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.  Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (“UCITA”) are excluded from these Terms of Use.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually.  To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.  If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

23. LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO OUR TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting our Website, sending us emails, and completing online forms constitute electronic communications.  You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our Website, satisfy any legal requirement that such communication be in writing.  YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA OUR WEBSITE.  You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

25. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on our Website or in respect to our Website constitute the entire agreement and understanding between you and us.  Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.  These Terms of Use operate to the fullest extent permissible by law.  We may assign any or all of our rights and obligations to others at any time.  We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.  If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.  There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of our Website.  You agree that these Terms of Use will not be construed against us by virtue of having drafted them.  You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the Parties hereto to execute these Terms of Use.

26. YOUR COMMENTS AND CONCERNS

In order to resolve a complaint regarding our Website or to receive further information regarding use of our Website, please contact us at:

NewHope Church
7619 Fayetteville Road
Durham, NC 27713
Email: office@newhopechurch.org
Phone: 919-206-4673