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THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES (SECTION 13), DISCLAIMERS OF LIABILITY (SECTION 13), AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SECTION 11).
Welcome to Heaven-ly.com and Heavenly Mobile App. The Heaven-ly.com /Heavenly Mobile App website/App (the “Site/App”) is composed of various web pages operated by Northwren Technologies, LLC (“NorthwrenTech”). Heaven-ly.com /Heavenly Mobile App is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (the “Terms”). Your use of Heaven-ly.com /Heavenly Mobile App constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
Heaven-ly.com is a Content Management Site and Heavenly Mobile App is a community engagement app. The Churches, Parishes, Cathedral and Shrines can purchase an available plan and manage the contents which can be pushed/ consumed thru Heavenly Mobile App.
We own or license all copyright rights in the text, images, photographs, video, audio, graphics, user interface, and other content provided on the Services, and the selection, coordination, and arrangement of such content (whether by us or by you), to the full extent provided under the copyright laws of the United States, India, and other countries. Except as expressly provided in this Agreement, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Services for any purposes, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.
We (or our affiliates) own all rights in the product names, company names, trade names, logos, product packaging and designs ("Trademarks") of the Heaven-ly.com /GetChurch.App /Heavenly Mobile App, and whether or not appearing in large print or with the trademark symbol. Unauthorized use of any such Trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under the trademark laws of the United States and other countries. You are expressly prohibited from using or misusing any Trademarks, except as expressly provided in this Agreement, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.
Your use of Heaven-ly.com /GetChurch.App /Heavenly Mobile App is subject to NorthwrenTech’ s Privacy Policy. Please review our Privacy Policy, which also governs the Site/App and informs users of our data collection practices.
Heaven-ly.com / Heavenly Mobile App may keep track of the websites and Visiting Heaven-ly.com /GetChurch.App /Heavenly Mobile App for sending emails to NorthwrenTech constitutes electronic communications. You consent to receive electronic communications and you agree that all the agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site/App, satisfy and legal requirements that such communications be in writing.
NorthwrenTech does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18. You may use Heaven-ly.com /Heavenly Mobile App only with permission of a parent or guardian.
Heaven-ly.com /Heavenly Mobile App may contain links to other websites (“Linked Sites”). The Lined Sites are not under the control of NorthwrenTech and NorthwrenTech is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NorthwrenTech is providing these links to you only as convenience, and the inclusion of any link does not imply endorsement by NorthwrenTech of the site/app or any association with its operators.
Certain services made available via Heaven-ly.com /Heavenly Mobile App are delivered by third party sites and organizations. By using any product, service or functionality originating from the Heaven-ly.com /Heavenly Mobile App domain, you hereby acknowledge and consent that NorthwrenTech may share such information and data with any third party with whom NorthwrenTech has a contractual relationship to provide the requested product, service, or functionality on behalf of Heaven-ly.com /Heavenly Mobile App users and customers.
You are granted a non-exclusive, non-transferable, revocable license to access and use Heaven-ly.com /Heavenly Mobile App strictly in accordance with these terms of use. As a condition of your use of the Site/App, you warrant to NorthwrenTech that you will not use the Site/App for any purpose that is unlawful or prohibited by these Terms. You may not use this Site/App in any manner which could damage, disable, overburden, or impair the Site/App or interfere with any other party’s use and enjoyment of the Site/App. You may obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site/App.
All contents included as part of the Service, such as text, graphics, logos, images as well as the compilation thereof, and any software used on the Site/App, is the property of NorthwrenTech or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site/App. NorthwrenTech content is not for resale. Your use of the Site/App does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of NorthwrenTech and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any license, express or implied, to the intellectual property of NorthwrenTech or our license except as expressly authorized by these Terms.
The Service is controlled, operated, and administered by NorthwrenTech from our offices within the USA and India. If you access the Service from a location outside of the USA and India, you are responsible for compliance with all local laws. You agree that you will not use the NorthwrenTech Content accessed through Heaven-ly.com /Heavenly Mobile App in any country or in any manner prohibited in any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless NorthwrenTech, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expense (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site/App or services, any use postings made by you, your violations of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. NorthwrenTech 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 event you will fully cooperate with NorthwrenTech in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or similar arbitration service selected by the parties, in a location mutually agreed upon a by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER IN ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and NorthwrenTech agree otherwise, the arbitrator may not consolidate more than person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGHOUT THE SITE /APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NORTHWREN TECHNOLOGIES, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE/APP AT ANY TIME.
NORTHWREN TECHNOLOGIES, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE/APP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES ARE RELATED GRAPHICS ARE PROVIDED “AS IS'' WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. Northwren TECHNOLOGIES, LCC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Northwren TECHNOLOGIES, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE. INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES OF LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE/APP, WITH THE DEALY OR INABILITY TO USE THE SITE/APP OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE/APP, OR OTHERWISE ARISING OUT THE USE OT THE SITE/APP, WHETHER BASED ON THE CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Northwren TECHNOLOGIES, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU DISSATISFIED WITH ANY PORTION OF THE SITE/APP, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY SI TO DISCONTINUE USING THE SITE/APP.
NorthwrenTech reserves the right, in its sole discretion, to terminate your access to the Site/App and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, and you hereby consent to the exclusive jurisdiction and venue of courts of Texas in all disputes arising out of or relating to the use of the Site/App. Use of the Site/App is unauthorized in any jurisdiction that doesn’t not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and NorthwrenTech as a result of this agreement or use of the Site/App. NorthwrenTech’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NorthwrenTech’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by NorthwrenTech with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NorthwrenTech with respect to the Site/App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NorthwrenTech with respect to the Site/App. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
NorthwrenTech reserves the right, in its sole discretion, to change the Terms under which Heaven-ly.com /Heavenly Mobile App is offered. The most current version of the Terms will supersede all previous versions. NorthwrenTech encourages you to periodically review the Terms to say informed of our updates .
Northwren Technologies welcomes your questions or comments regarding the Terms.
Northwren Technologies LLCEffective as of April 1st, 2023
India
Chennai, Tamil Nadu.
India - 60001
USA
2165 Packing Iron Dr,
Frisco, Texas
United States - 75036