Terms and Conditions
Last Updated October 16, 2023.
Please read this Terms of Use Agreement (the “Terms of Use”) carefully. These Terms of Use govern the use of the Website and apply to all Internet users visiting our using https://heycatholics.com
By accessing or using the Website or Application in any way, including using the services and resources available or enabled via the Website and/or Application (each a “Service” and collectively, the “Platform”), by clicking on the “Next” button during registration, completing the registration process, and/or browsing the Website or downloading the Application, you represent that (1) you have read, understand, and agree to be bound by the Terms of Use, (2) you have the authority to enter into the Terms of Use personally or on behalf of the entity you have named as the User, and to bind that entity to the Terms and Conditions. The term “You” refers to the individual or legal entity, as applicable, identified as the User when you registered on the Website and/or in the Application.
If you do not agree to be bound by the Terms and Conditions you may not access or use this Website or the Services.
1. Use of the Services and Hey Catholics Properties. The Application, the Website, the Services, and the information and content available on the Website and in the Application and the Services (as these terms are defined herein) (each, a “Hey Catholics Property” and collectively, the “Hey Catholics Properties”) are protected by copyright laws throughout the world.
1.1. Application License. Subject to your compliance with the Agreement, Hey Catholics grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. You may have additional license rights with respect to use of the Application on a shared basis within your designated family group.
1.2. Updates. You understand that the Hey Catholics properties are evolving. As a result, the Platform may require you to accept updates to Hey Catholics online properties that you have installed on your computer or mobile device. You acknowledge and agree that Hey Catholics may update Hey Catholics Properties with or without notifying you.
1.3. Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Hey Catholics Properties or any portion of Hey Catholics Properties, including the Website; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Hey Catholics Properties (including images, text, page layout or form) of Hey Catholics; (c) you shall not use any metatags or other “hidden text” using Hey Catholics’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Hey Catholics Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of Hey Catholics Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Hey Catholics Properties. Any future release, update or other addition to Hey Catholics Properties shall be subject to the Agreement. Hey Catholics, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Hey Catholics Property terminates the licenses granted by Hey Catholics pursuant to the Agreement.
1.4. Hey Catholics Communications. By entering into this Agreement or using the Hey Catholics Properties, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account or the use of the Hey Catholics Properties, updates concerning new and existing features on the Hey Catholics Properties, communications concerning promotions run by us or our third-party partners, communications concerning new, updated, or upcoming seasons and features on the Hey Catholics Properties, and news concerning the Hey Catholics and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send.
2. REGISTRATION.
2.1. Registering Your Account. In order to access certain features of Hey Catholics Properties you may be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account on the Website (“Account”).
2.2. Registration Data. In registering an account on the Website, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that if you are (i) under 18 years of age that you receive the consent of your parents/guardian.
You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to and you will accept full responsibility for any unauthorized use of Hey Catholics Properties by minors. You may not share your Account or password with anyone, and you agree to (y) notify Hey Catholics immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Hey Catholics has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Hey Catholics has the right to suspend or terminate your Account and refuse any and all current or future use of Hey Catholics Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform at any given time. Hey Catholics reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Hey Catholics Properties if you have been previously removed by Hey Catholics, or if you have been previously banned from any of Hey Catholics Properties.
2.3. Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Hey Catholics.
3. RESPONSIBILITY FOR CONTENT.
3.1. Types of Content. You acknowledge that all text, images, video, audio-visual content, documentation, materials and other content (collectively “Content”), is the sole responsibility of the party from whom such Content originated. This means that you, and not Hey Catholics, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through Hey Catholics Properties (“Your Content”), and that you and other Registered Users of Hey Catholics Properties, and not Hey Catholics, are similarly responsible for all Content that you and they Make Available through Hey Catholics Properties (“User Content”).
3.2. No Obligation to Pre-Screen Content. You acknowledge that Hey Catholics has no obligation to pre-screen Content (including, but not limited to, User Content), although Hey Catholics reserve the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the virtual meeting that Hey Catholics pre-screens, refuses, or removes any Content, you acknowledge that Hey Catholics will do so for Hey Catholics’s benefit, not yours. Without limiting the foregoing, Hey Catholics shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.
3.3. Storage. Unless expressly agreed to by Hey Catholics in writing elsewhere, Hey Catholics has no obligation to store any of Your Content that you Make Available on Hey Catholics Properties. Hey Catholics has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Hey Catholics Properties.
4. OWNERSHIP.
4.1. Hey Catholics Properties. Except with respect to Your Content and User Content, you agree that Hey Catholics and its suppliers own all rights, title and interest in Hey Catholics Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Hey Catholics Properties.
4.2. License to Your Content. Subject to any applicable account settings that you select, you grant Hey Catholics a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing Hey Catholics Properties to you and to our other Registered Users. Please remember that other Registered Users may search for, see, use, modify, and reproduce any of Your Content that you submit to any “public” area of Hey Catholics Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Hey Catholics, are responsible for all of Your Content that you Make Available on or in Hey Catholics Properties. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by Hey Catholics in its sole discretion. You may not post or submit for print services a photograph of another person without that person’s permission.
4.3. Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments, or any other area on Hey Catholics Properties, you hereby expressly permit Hey Catholics to identify you by your username (which is a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
4.4. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Hey Catholics through its suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that Hey Catholics has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Hey Catholics a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Hey Catholics Properties and/or Hey Catholics’s business.
5. USER CONDUCT. As a condition of use, you agree not to use Hey Catholics Properties for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party) either (a) take any action or (b) Make Available any Content on or through Hey Catholics Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Hey Catholics’s prior written consent; (v) impersonates any person or entity, including any employee or representative of Hey Catholics; (vi) interferes with or attempt to interfere with the proper functioning of Hey Catholics Properties or uses Hey Catholics Properties in any way not expressly permitted by this Agreement; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against Hey Catholics Properties, including but not limited to violating or attempting to violate any security features of Hey Catholics Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Hey Catholics Properties, introducing viruses, worms, or similar harmful code into Hey Catholics Properties, or interfering or attempting to interfere with use of Hey Catholics Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Hey Catholics Properties.
6. INVESTIGATIONS. Hey Catholics may, but is not obligated to, monitor or review Hey Catholics Properties and Content at any time. Without limiting the foregoing, Hey Catholics shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Agreement or any applicable law. Although Hey Catholics does not generally monitor user activity occurring in connection with Hey Catholics Properties or Content, if Hey Catholics becomes aware of any possible violations by you of any provision of the Agreement, Hey Catholics reserves the right to investigate such violations, and Hey Catholics may, at its sole discretion, immediately terminate your license to use Hey Catholics Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
7. VIRTUAL MEETINGS; INTERACTIONS WITH OTHER USERS.
7.1. Virtual meetings.
(a) Code of Conduct. The Hey Catholics' Platform may assist Registered Users in organizing and hosting in-person or virtual virtual meetings (each, an “Virtual meeting”). By attending any Virtual meeting you agree to, and at all times during the virtual meeting will, comply with the Hey Catholics’s code of conduct (“Code of Conduct”) available below. In the virtual meeting you invite or otherwise bring any guests or other parties with you to an virtual meeting (“Your Guests”), you agree that you will notify, and make Your Guests aware of the Code of Conduct and its terms and conditions. You acknowledge and agree that you will be responsible for and will ensure that Your Guests, at all times, during any Virtual meeting, comply with the Code of Conduct. You further acknowledge and agree that the Hey Catholics is not responsible for the acts or omissions of any person at any Virtual meeting. The Meeting Owner has full autonomy and may conduct the meeting to their guidelines however the meeting owner must ensure all participants including themselves abide by the Hey Catholics' Code of Conduct.
(b) Registration Information. By signing up for, or attending any Virtual meeting, you represent and warrant that all information you provide in connection with the applicable registration page is current, accurate, truthful and complete.
(c) Publicity. From time to time, the Hey Catholics may host or participate in Virtual meetings itself. In such instances, the Hey Catholics take photographs and videos of such Virtual meetings for promotional purposes. By attending any such Virtual meetings, you agree to the Hey Catholics’s Publicity Release below, and understand that the Hey Catholics may require you to execute a physical copy of such release prior to your participation in any such Virtual meeting.
7.2. User Responsibility. You are solely responsible for your interactions with other Registered Users and any other parties with whom you interact; provided, however, that Hey Catholics reserves the right, but has no obligation, to intercede in such disputes. You agree that Hey Catholics will not be responsible for any liability incurred as the result of such interactions.
7.3. Content Provided by Other Users. Hey Catholics Properties may contain User Content provided by other Registered Users. Hey Catholics is not responsible for and does not control User Content. Hey Catholics has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, User Content. You use all User Content and interact with other Registered Users at your own risk. Without limiting the foregoing, any medical, emotional or diagnostic information obtained from other Registered Users should only be used for informational purposes, and Users should always use their best judgment in assessing information provided by other Registered Users. Please consult a physician to correctly interpret any information presented by any other Registered User. Never change or stop any course of prescribed treatment without consulting a licensed physician.
8. FEES AND PURCHASE TERMS.
8.1. Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Hey Catholics with a valid credit card (Visa, MasterCard, or any other issuer accepted by us), App Store (as defined below) in-app purchase information (if applicable), Stripe account (“Payment Provider”), as a condition to signing up for the Services (other than free trials). Your Payment Provider agreement governs your use of the designated credit card and you must refer to that agreement, not this Agreement, to determine your rights and liabilities. By providing Hey Catholics with your payment information, you agree that Hey Catholics is authorized to immediately invoice your Account for all fees and charges due and payable to Hey Catholics hereunder and that no additional notice or consent is required. You agree to immediately notify Hey Catholics of any change in your billing address or the payment information used for payment hereunder. Hey Catholics reserves the right at any time to change its prices and billing methods, either immediately upon posting on Hey Catholics Properties or by e-mail delivery to you.
8.2. Service Subscription Fees. You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee”) at the time you create your Account and select your monthly or annual package (each, a “Service Commencement Date”). Except as set forth in the Agreement, all fees for the Services are non-refundable. No contract will exist between you and Hey Catholics for the Services until Hey Catholics accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.
8.3. Taxes. The payments required under Section 8.2 (Service Subscription Fees) of this Agreement do not include any Sales Tax that may be due in connection with the services provided under this Agreement. If Hey Catholics determines it has a legal obligation to collect a Sales Tax from you in connection with this Agreement, Hey Catholics shall collect such Sales Tax in addition to the payments required under Section 8.2 (Service Subscription Fees) of this Agreement. If any services, or payments for any services, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Hey Catholics, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Hey Catholics for any liability or expense Hey Catholics may incur in connection with such Sales Taxes. Upon Hey Catholics’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
8.4. Automatic Renewal. Your subscription will continue indefinitely until terminated in accordance with the Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Hey Catholics’ then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at least thirty (30) days prior to the Renewal Commencement Date (or in the virtual meeting that you receive a notice from Hey Catholics that your subscription will be automatically renewed, you will have thirty (30) days from the date of the Hey Catholics notice), by logging into and going to the “Cancel Membership” section of your Account Settings or the applicable App Store subscription settings. If you created your Account through an App Store, you must cancel your subscription through the App Store. If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, please log in and go to the “Cancel Membership” page on your Account Settings, or the applicable App Store subscription settings. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Hey Catholics to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Hey Catholics does not receive payment from your Payment Provider, (a) you agree to pay all amounts due on your Account upon demand and/or (b) you agree that Hey Catholics may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
8.5. Free Trials and Other Promotions. Any free trial or other promotion that provides Registered User level access to the Services must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire and any further use of the Service is prohibited unless you pay the applicable subscription fee. If you are inadvertently charged for a subscription, please contact Hey Catholics to have the charges reversed.
9. Indemnification. You agree to indemnify and hold Hey Catholics, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Hey Catholics Party” and collectively, the “Hey Catholics Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any Hey Catholics Property; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any Registered Users; or (e) your violation of any applicable laws, rules or regulations. Hey Catholics reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which virtual meeting you will fully cooperate with Hey Catholics in asserting any available defenses. This provision does not require you to indemnify any of the Hey Catholics Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to Hey Catholics Properties.
10. DISCLAIMER OF WARRANTIES AND CONDITIONS.
10.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF HEY CATHOLICS PROPERTIES IS AT YOUR SOLE RISK, AND HEY CATHOLICS PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. HEY CATHOLICS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.
(a) HEY CATHOLICS PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) HEY CATHOLICS PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF HEY CATHOLICS PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF HEY CATHOLICS PROPERTIES WILL BE ACCURATE OR RELIABLE.
(b) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH HEY CATHOLICS PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS HEY CATHOLICS PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
(c) THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. HEY CATHOLICS MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HEY CATHOLICS OR THROUGH HEY CATHOLICS PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
(e) FROM TIME TO TIME, HEY CATHOLICS MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT HEY CATHOLICS’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
10.2. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT HEY CATHOLICS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD HEY CATHOLICS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
10.3. No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF HEY CATHOLICS PROPERTIES. YOU UNDERSTAND THAT HEY CATHOLICS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF HEY CATHOLICS PROPERTIES. HEY CATHOLICS MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HEY CATHOLICS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH HEY CATHOLICS PROPERTIES.
10.4. Third-Party Materials. As a part of Hey Catholics Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Hey Catholics to monitor such materials and that you access these materials at your own risk.
11. LIMITATION OF LIABILITY.
11.1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO VIRTUAL MEETING SHALL HEY CATHOLICS PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT HEY CATHOLICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF HEY CATHOLICS PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE HEY CATHOLICS PROPERTIES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH HEY CATHOLICS PROPERTIES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON HEY CATHOLICS PROPERTIES; OR (e) ANY OTHER MATTER RELATED TO HEY CATHOLICS PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A HEY CATHOLICS PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A HEY CATHOLICS PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A HEY CATHOLICS PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
11.2 Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, HEY CATHOLICS PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT PAID TO HEY CATHOLICS BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (b) $100; OR (c) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A HEY CATHOLICS PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A HEY CATHOLICS PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A HEY CATHOLICS PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
11.3 User Content. EXCEPT FOR HEY CATHOLICS’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE HEY CATHOLICS’S PRIVACY POLICY, HEY CATHOLICS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
11.4. Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
11.5. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HEY CATHOLICS AND YOU.
12. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. It is Hey Catholics’s policy to terminate membership privileges of any Registered User who repeatedly infringes copyright upon prompt notification to Hey Catholics by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Hey Catholics Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on Hey Catholics Properties of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement 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 (f) a statement 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. Contact information for Hey Catholics’s Copyright Agent for notice of claims of copyright infringement is as follows: Copyright Agent, 2451 Broadway Street, Fort Wayne, IN 46807, via email at legal@exodus90.com.
13. MONITORING AND ENFORCEMENT. Hey Catholics reserves the right to:(a) remove or refuse to post any of your Content for any or no reason in our sole discretion; (b) take any action with respect to any of your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Hey Catholics Properties or the public, or could create liability for the Hey Catholics; (c) 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; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Hey Catholics Properties; and/or (e) terminate or suspend your access to all or part of the Hey Catholics Properties for any or no reason, including without limitation, any violation of this Agreement.
If Hey Catholics becomes aware of any possible violations by you of the Agreement, Hey Catholics reserves the right to investigate such violations. If, as a result of the investigation, Hey Catholics believes that criminal activity has occurred, Hey Catholics reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Hey Catholics is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Hey Catholics Properties, including Your Content, in Hey Catholics’s possession in connection with your use of Hey Catholics Properties, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Hey Catholics, its Registered Users or the public, and all enforcement or other government officials, as Hey Catholics in its sole discretion believes to be necessary or appropriate.
14. TERM AND TERMINATION.
14.1. Term. The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Hey Catholics Properties, unless terminated earlier in accordance with the Agreement.
14.2. Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used Hey Catholics Properties or (b) the date you accepted the Agreement, and will remain in full force and effect while you use any Hey Catholics Properties, unless earlier terminated in accordance with the Agreement.
14.3. Termination of Services by Hey Catholics. You will have thirty (30) days from the Service Commencement Date, or any Renewal Commencement Date, for any Services hereunder, to cancel such Service, in which case Hey Catholics will refund your Service Subscription Fee, if already paid pursuant to Section 8.1 (Payment) or 8.2 (Service Subscription Fees), for the applicable Service. Except as set forth above, the Service Subscription Fee for any Service shall be non-refundable. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Agreement, or if Hey Catholics is required to do so by law (e.g., where the provision of the Website, the Application, the Software or the Services is, or becomes, unlawful), Hey Catholics has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in Hey Catholics’s sole discretion and that Hey Catholics shall not be liable to you or any third party for any termination of your Account.
14.4. Termination of Services by You. If you want to terminate the Services provided by Hey Catholics, you may do so by (a) notifying Hey Catholics at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Hey Catholics’s address set forth below. THE SERVICES WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN SECTION 8.4 (AUTOMATIC RENEWAL).
14.5. Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Hey Catholics will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
14.6. No Subsequent Registration. If your registration(s) with, or ability to access, Hey Catholics Properties or any other Hey Catholics community, is discontinued by Hey Catholics due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access Hey Catholics Properties or any Hey Catholics community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Hey Catholics Properties to which your access has been terminated. In the virtual meeting that you violate the immediately preceding sentence, Hey Catholics reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
15. INTERNATIONAL USERS. Hey Catholics Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Hey Catholics intends to announce such Services or Content in your country. Hey Catholics Properties are controlled and offered by Hey Catholics from its facilities in the United States of America. Hey Catholics makes no representations that Hey Catholics Properties are appropriate or available for use in other locations. Those who access or use Hey Catholics Properties from other countries do so at their own volition and are responsible for compliance with local law.
16. DISPUTE RESOLUTION. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Hey Catholics, its parent companies, subsidiaries, affiliates, successors and assigns and all of their respective officers, directors, employees, agents, and representatives (collectively, the “Hey Catholics Parties”) and limits the manner in which you can seek relief from the Hey Catholics Parties.
16.1. Applicability of Arbitration Agreement. You agree that any dispute between you and any of the Hey Catholics Parties relating in any way to the Services or this Agreement, will be resolved by binding arbitration, rather than in court, except that (1) you and the Hey Catholics Parties may assert individualized claims in small claims court if the claims qualify, remain in such court and advance solely on an individual, non-class basis; and (2) you or the Hey Catholics Parties may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall survive the expiration or termination of this Agreement and shall apply, without limitation, to all claims that arose or were asserted before the date you accept these Terms of Use (as described in the preamble) or any prior version of this Agreement. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against the Hey Catholics Parties on your behalf. For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Agreement as well as claims that may arise after the termination of this Agreement.
16.2. Informal Dispute Resolution. There might be instances when a Dispute arises between you and Hey Catholics. If that occurs, Hey Catholics is committed to working with you to reach a reasonable resolution. You and Hey Catholics agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Hey Catholics therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Hey Catholics that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to: support@exodus90.com or by regular mail to our offices located at 2451 Broadway Street, Fort Wayne, IN 46807. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
16.3. Arbitration Rules and Forum. This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Hey Catholics agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Unless you and Hey Catholics otherwise agree, or the Batch Arbitration process discussed in the subsection titled “Batch Filing” triggered, the arbitration will be conducted in the county where you reside. Subject to the JAMS Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS Rules.
You and Hey Catholics agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
16.4. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve all disputes subject to arbitration hereunder including, without limitation, any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual party under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
16.5. Waiver of Jury Trial. EXCEPT AS SPECIFIED in THE SUBSECTION TITLED “Applicability of Arbitration Agreement”, YOU AND THE HEY CATHOLICS PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Hey Catholics Parties are instead electing that all covered claims and disputes shall be resolved exclusively by arbitration under this Arbitration Agreement, except as specified in subsection titled “Applicability of Arbitration Agreement” above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
16.6. Waiver of Class or Other Non-Individualized Relief. YOU AND HEY CATHOLICS AGREE THAT, EXCEPT AS SPECIFIED IN subsection titled “BATCH FILING”, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection titled “Batch Filing” entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Hey Catholics agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Washington. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prvirtual meeting you or Hey Catholics from participating in a class-wide settlement of claims.
16.7. Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Hey Catholics need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
16.8. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Hey Catholics agree that in the virtual meeting that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Hey Catholics by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the JAMS shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same virtual meeting or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the JAMS, and the JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Hey Catholics.
You and Hey Catholics agree to cooperate in good faith with the JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
16.9. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to the following address: Exodus, 2451 Broadway Street, Fort Wayne, IN 46807 or email to support@exodus90.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.
16.10. Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Hey Catholics as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
16.11. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Hey Catholics makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Hey Catholics at the following address: 2451 Broadway Street, Fort Wayne, IN 46807. Unless you reject the change within thirty (30