Terms and Conditions for CanByFirst

Last Updated: October 26, 2023

Welcome to CanByFirst! These Terms and Conditions (“Terms”) govern your access to and use of the website located at https://canbyfirst.com (the “Website”), operated by CanByFirst (“CanByFirst,” “we,” “us,” or “our”). CanByFirst is associated with Canby First Baptist Church, located at 1905 N Maple, Canby, OR 97013-9161.

Please read these Terms carefully before using the Website. By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to all these Terms, do not use the Website.

These Terms constitute a legally binding agreement between you and CanByFirst. We may update these Terms from time to time, and your continued use of the Website after any such changes signifies your acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. This agreement is between you, the user, and CanByFirst. Your use of the Website in any manner, whether as a casual visitor, a registered user, or a donor, signifies your unequivocal acceptance of these Terms. If you are using the Website on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization or entity to these Terms, and in such case, “you” and “your” will refer to that organization or entity. If you do not agree to these Terms, or if you do not have the authority to bind your organization, you must immediately cease all use of the Website and its services. Your access and use of the Website are conditioned upon your acceptance of and compliance with these Terms. By using the Website, you affirm that you are of legal age to form a binding contract in your jurisdiction, or, if you are a minor, that you have obtained parental or guardian consent to use the Website and agree to these Terms on your behalf. These Terms apply to all visitors, users, and others who access or use the Website.

2. Description of Service

CanByFirst operates the Website, https://canbyfirst.com, primarily as an online platform for Canby First Baptist Church. The Website is designed to serve as a comprehensive digital hub for the church community and the broader public, offering a variety of services and resources. These services may include, but are not limited to, the following:

• Information Dissemination: Providing detailed information about Canby First Baptist Church, including its mission, vision, history, beliefs, leadership, and staff profiles. This also encompasses contact information, service times, and directions to the church premises.
• Ministry and Program Overviews: Offering descriptions of various ministries (e.g., children’s, youth, adult, outreach, missions), programs, and small groups available within the church, including their objectives, schedules, and how to participate.
• Event Calendars and Registration: Publishing an up-to-date calendar of church events, conferences, workshops, community gatherings, and volunteer opportunities. Users may be able to register for specific events directly through the Website, often requiring personal information and, in some cases, payment.
• Digital Content Library: Providing access to a range of digital resources, such as sermon audio and video recordings, transcripts, devotional materials, blog posts, articles, newsletters, and worship music. This content is intended for spiritual enrichment, education, and inspiration.
• Online Giving and Donations: Facilitating secure online financial contributions to the church. This service allows users to make one-time or recurring donations, specify giving designations (e.g., tithes, offerings, specific funds), and manage their giving history.
• Community Engagement Features: Potentially offering interactive features such as comment sections on blog posts, forums, or prayer request submissions, designed to foster community interaction and support.
• Volunteer Opportunities: Listing various ways for individuals to serve within the church and community, with options to express interest or sign up for specific roles.
• Resource Sharing: Linking to external resources, recommended books, websites, or organizations that align with the church’s mission and values.

CanByFirst strives to ensure the accuracy and timeliness of the information presented on the Website but does not guarantee the completeness or error-free nature of all content. The services provided are for informational, educational, and spiritual purposes, and are not intended to replace professional advice or services where applicable. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice.

3. User Accounts and Registration

While much of the Website’s content is accessible without registration, certain features and services may require you to create a user account. These features may include, but are not limited to, online giving, event registration, access to specific member resources, or participation in interactive forums. By registering for an account, you agree to the following conditions:

1. Accurate Information: You agree to provide true, accurate, current, and complete information about yourself as prompted by the registration form. This includes, but is not limited to, your name, email address, and any other details required. You further agree to maintain and promptly update your account information to keep it accurate, current, and complete. Providing false, inaccurate, outdated, or incomplete information, or if CanByFirst has reasonable grounds to suspect that such information is false, inaccurate, outdated, or incomplete, CanByFirst reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
2. Account Security: You are solely responsible for maintaining the confidentiality of your account login credentials, including your username and password. You are fully responsible for all activities that occur under your account, whether or not you authorized such activities. You agree to immediately notify CanByFirst of any unauthorized use of your account or any other breach of security. CanByFirst cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.
3. Non-Transferability: Your account is personal to you and may not be transferred, assigned, or sold to any other person or entity. Any attempt to do so will result in the immediate termination of your account.
4. Account Usage: You agree to use your account only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by, any third party. Prohibited conduct includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Website.
5. Age Restriction: If you are under the age of 13, you may not create an account. If you are between the ages of 13 and 18 (or the age of majority in your jurisdiction), you may create an account only with the express permission and supervision of a parent or legal guardian, who must agree to these Terms on your behalf.
6. Termination of Account: CanByFirst reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service, at its sole discretion, for any reason, including but not limited to, a breach of these Terms, suspicion of fraudulent activity, or if your account has been inactive for an extended period.

4. User Conduct and Prohibited Activities

Your use of the CanByFirst Website is subject to all applicable local, state, national, and international laws and regulations. You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit anyone else’s use and enjoyment of, the Website. Specifically, you agree not to:

1. Illegal Activities: Use the Website for any unlawful purpose or in furtherance of illegal activities. This includes, but is not limited to, promoting or engaging in criminal acts, fraud, harassment, or defamation.
2. Harassment and Abuse: Engage in any form of harassment, intimidation, or abuse, including but not limited to, sending unsolicited messages, making threats, or targeting individuals based on their race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic.
3. Hate Speech and Discrimination: Post, transmit, or promote any content that is hateful, discriminatory, or incites violence against any individual or group based on their protected characteristics.
4. Intellectual Property Infringement: Upload, post, or transmit any content that infringes upon the intellectual property rights of others, including copyrights, trademarks, patents, trade secrets, or other proprietary rights. This includes sharing copyrighted materials (e.g., music, videos, texts) without proper authorization or license.
5. Spam and Unsolicited Communications: Transmit “junk mail,” “chain letters,” “pyramid schemes,” or any other form of unsolicited advertising or solicitation. This also includes using the Website to send mass unsolicited emails or messages.
6. Malware and Viruses: Upload or transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs or code designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
7. Security Breaches: Attempt to gain unauthorized access to the Website, other users’ accounts, computer systems, or networks connected to the Website, through hacking, password mining, or any other means. You may not probe, scan, or test the vulnerability of the Website or any network connected to the Website.
8. Disruption of Service: Engage in any activity that disrupts or interferes with the proper working of the Website, its servers, or networks, including denial-of-service attacks, excessive traffic generation, or other forms of interference.
9. Misrepresentation and Impersonation: Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including CanByFirst staff or other users. You may not create fake accounts or profiles.
10. Data Mining and Scraping: Use any robot, spider, scraper, or other automated means to access the Website or its content for any purpose without our express written permission. You may not collect or store personal data about other users without their express consent.
11. Commercial Use Without Authorization: Use the Website for any commercial purposes (e.g., advertising your own products or services, conducting surveys, or contests) without the express prior written consent of CanByFirst.
12. Obscene or Offensive Content: Post or transmit any content that is obscene, vulgar, pornographic, sexually explicit, or otherwise objectionable, as determined by CanByFirst in its sole discretion.
13. Violation of Privacy: Post or transmit any private or personally identifiable information of another person without their express consent.

CanByFirst reserves the right, but not the obligation, to monitor your use of the Website and to review, remove, or edit any content that violates these Terms or is otherwise objectionable, in its sole discretion. Violation of these User Conduct rules may result in the immediate termination of your access to the Website and may subject you to legal penalties.

5. Content and Intellectual Property Rights

All content present on the CanByFirst Website, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, software, and the compilation of all content on this site (“CanByFirst Content”), is the exclusive property of CanByFirst, its licensors, or its content suppliers and is protected by United States and international copyright laws, trademark laws, and other intellectual property laws. The CanByFirst name, logo, and other related marks are trademarks or registered trademarks of CanByFirst.

1. Ownership: CanByFirst retains all right, title, and interest in and to the Website and the CanByFirst Content. Nothing in these Terms grants you any right, title, or interest in any intellectual property owned by CanByFirst, except for the limited license granted below.
2. Limited License for Personal Use: CanByFirst grants you a limited, non-exclusive, non-transferable, revocable license to access and make personal, non-commercial use of the Website and the CanByFirst Content, subject to these Terms. This license explicitly excludes:
   • Any resale or commercial use of the Website or its CanByFirst Content.
   • Any collection and use of any product listings, descriptions, or prices.
   • Any derivative use of the Website or its CanByFirst Content.
   • Any downloading or copying of account information for the benefit of another merchant.
   • Any use of data mining, robots, or similar data gathering and extraction tools.

   You may view, download, and print portions of the CanByFirst Content solely for your personal, non-commercial use, provided you do not modify the content and retain all copyright and other proprietary notices contained in the content.

3. Prohibited Actions: Without the express prior written consent of CanByFirst, you may not:
   • Reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit for any commercial purpose any portion of the Website or the CanByFirst Content.
   • Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CanByFirst.
   • Use any meta tags or any other “hidden text” utilizing CanByFirst’s name or trademarks.
   • Modify, adapt, translate, reverse engineer, decompile, disassemble, or convert any portion of the Website or CanByFirst Content into a human-readable format.
   • Remove any copyright, trademark, or other proprietary rights notices from materials copied or printed from the Website.
4. Third-Party Content: The Website may contain content from third parties, including links to third-party websites or resources. CanByFirst does not endorse and is not responsible or liable for the availability or accuracy of such third-party content, products, or services. Your use of third-party content is at your own risk and subject to the terms and conditions of those third parties.
5. Reporting Infringement: If you believe that your intellectual property rights have been violated by content on the Website, please contact us immediately at dhruv@canbyfirst.com with a detailed description of the alleged infringement.

Any unauthorized use terminates the permission or license granted by CanByFirst. CanByFirst reserves all rights not expressly granted in these Terms.

6. User-Generated Content

The Website may, from time to time, allow you and other users to submit, post, display, or transmit content, including but not limited to comments, messages, prayer requests, testimonials, reviews, or other materials (“User-Generated Content” or “UGC”). By submitting UGC, you agree to the following conditions:

1. Ownership of UGC: You retain all ownership rights in your User-Generated Content. CanByFirst does not claim ownership of any UGC you post on or through the Website.
2. License Grant to CanByFirst: By submitting UGC to the Website, you grant CanByFirst a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your UGC in any media formats and through any media channels (now known or hereafter developed) for the purposes of operating, promoting, and improving the Website and CanByFirst’s services, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. This license includes the right to use your name, likeness, and any other identifying information you provide in connection with your UGC.
3. Representations and Warranties for UGC: You represent and warrant that:
   • You own the User-Generated Content submitted by you or otherwise have the right to grant the license set forth in these Terms.
   • Your User-Generated Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.
   • Your User-Generated Content does not contain any material that is false, intentionally misleading, defamatory, libelous, obscene, pornographic, offensive, hateful, or otherwise inappropriate or unlawful.
   • Your User-Generated Content complies with all applicable laws and regulations and does not contain any viruses, malware, or other harmful components.
4. Responsibility for UGC: You are solely responsible for your User-Generated Content and the consequences of posting or publishing it. CanByFirst is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any UGC. You understand and acknowledge that you may be exposed to UGC that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CanByFirst with respect thereto.
5. Monitoring and Removal of UGC: CanByFirst reserves the right, but has no obligation, to monitor, review, edit, or remove any User-Generated Content for any reason or no reason, including if it violates these Terms, is deemed inappropriate, or is otherwise objectionable, in CanByFirst’s sole discretion, without prior notice. CanByFirst may also terminate a user’s access to the Website if they are found to be a repeat infringer of these Terms regarding UGC.
6. No Endorsement: CanByFirst does not endorse any User-Generated Content or any opinion, recommendation, or advice expressed therein, and CanByFirst expressly disclaims any and all liability in connection with UGC.

7. Payment Terms and Billing

The CanByFirst Website may provide functionalities for financial transactions, primarily for online giving (donations) and potentially for event registrations or the purchase of resources. By engaging in any such financial transaction, you agree to the following terms:

1. Online Giving (Donations):
   • Voluntary Contributions: All online giving through the Website constitutes a voluntary donation to Canby First Baptist Church. These donations are generally non-refundable.
   • Designated Giving: While you may designate your donation for a specific ministry or fund (e.g., tithes, missions, building fund), Canby First Baptist Church retains ultimate discretion and control over the use of all donated funds. In the unlikely event that a designated fund is oversubscribed or the program or project is completed or no longer feasible, Canby First Baptist Church may use your donation for other similar ministries or programs at its discretion.
   • Tax Deductibility: Donations to Canby First Baptist Church are generally tax-deductible to the extent allowed by law. CanByFirst will provide appropriate giving statements for tax purposes as required. It is your responsibility to consult with a tax professional regarding the tax implications of your donations.
2. Event Registrations and Resource Purchases:
   • Pricing: Prices for event registrations or resources (if applicable) will be clearly displayed on the Website. CanByFirst reserves the right to change prices at any time without prior notice.
   • Payment Methods: We accept various forms of payment, which may include credit cards (Visa, MasterCard, American Express, Discover), debit cards, and electronic funds transfers (ACH). All payments are processed through secure third-party payment processors. You agree to provide valid and accurate payment information.
   • Billing Accuracy: You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
   • Transaction Confirmation: Upon successful completion of a transaction, you will receive an email confirmation. Please retain this for your records.
   • Security: All financial transactions are processed using industry-standard encryption and security protocols. CanByFirst does not store your full payment card details on its servers. However, no method of transmission over the Internet or method of electronic storage is 100% secure, and we cannot guarantee absolute security.
   • Taxes: You are responsible for any applicable taxes associated with your transactions, as determined by the relevant tax authorities.
3. Recurring Payments: If you opt for recurring donations or subscriptions (if available), you authorize CanByFirst (or its third-party payment processor) to automatically charge your designated payment method on a recurring basis (e.g., monthly, weekly) until you cancel the recurring payment. You can typically manage or cancel recurring payments through your user account settings or by contacting us directly.
4. Failed Transactions: In the event of a failed transaction (e.g., insufficient funds, expired card), CanByFirst (or its payment processor) may attempt to re-process the transaction. You may be responsible for any fees incurred due to failed transactions.

8. Refunds and Cancellations

This section outlines the policies regarding refunds and cancellations for financial transactions conducted through the CanByFirst Website:

1. Online Giving (Donations):
   • General Policy: As a general policy, all donations made to Canby First Baptist Church through the CanByFirst Website are considered final and non-refundable. Your donation is a voluntary contribution intended to support the church’s ministries and operations.
   • Exceptional Circumstances: In very rare and exceptional circumstances, such as an accidental duplicate donation, an incorrect amount entered, or an unauthorized transaction, CanByFirst may, at its sole discretion, consider a refund request. Any such request must be made in writing to dhruv@canbyfirst.com within a reasonable timeframe (e.g., typically within 7-14 days of the transaction). The request must include detailed information about the transaction and the reason for the refund request. CanByFirst reserves the right to approve or deny any refund request based on its internal policies and procedures.
2. Event Registrations:
   • Specific Event Policies: Refund and cancellation policies for event registrations (e.g., conferences, retreats, workshops) will be explicitly stated on the individual event registration pages. These policies may vary depending on the nature of the event, the costs involved, and the lead time required for planning.
   • Common Scenarios:
     • Full Refund: A full refund may be offered if you cancel your registration by a specified deadline (e.g., 7-14 days before the event).
     • Partial Refund: A partial refund (e.g., minus an administrative fee) may be offered if you cancel after the full refund deadline but before a later specified date.
     • No Refund: No refunds will typically be issued for cancellations made after a certain cutoff date, for no-shows, or for partial attendance.
     • Transferability: Some event registrations may be transferable to another individual; this will be specified in the event’s terms.
   • Cancellation by CanByFirst: In the event that CanByFirst cancels an event, registered participants will typically receive a full refund of their registration fees. CanByFirst will make reasonable efforts to notify registrants in a timely manner.
   • How to Cancel: To cancel an event registration, you must follow the instructions provided on the event page or contact dhruv@canbyfirst.com.
3. Resource Purchases (if applicable):
   • Digital Products: Purchases of digital products (e.g., downloadable e-books, audio files) are generally non-refundable once the download or access has been initiated, due to the nature of digital goods.
   • Physical Products: For physical products (if any are sold), return and refund policies will be specified at the point of sale. These typically involve returning the item in its original condition within a specified timeframe for a refund or exchange, often excluding shipping costs.
4. Processing Refunds: Approved refunds will typically be processed within a certain number of business days (e.g., 5-10 business days) and will be issued to the original payment method used for the transaction. The timing of the credit appearing on your statement may vary depending on your financial institution.

9. Service Availability and Modifications

CanByFirst strives to ensure that the Website is available and fully functional at all times. However, due to the inherent nature of online services and technology, we cannot guarantee uninterrupted or error-free access. Your access to the Website and its services is provided on an “as is” and “as available” basis.

1. Service Availability:
   • CanByFirst does not warrant that the Website will be uninterrupted, timely, secure, or error-free.
   • Access to the Website may be temporarily suspended without notice in the case of system failure, maintenance, repair, or for reasons beyond our reasonable control.
   • We are not liable if for any reason all or any part of the Website is unavailable at any time or for any period.
2. Modifications to the Service:
   • CanByFirst reserves the right, at its sole discretion, to modify, update, suspend, or discontinue, temporarily or permanently, the Website or any part of the Service (including any content, features, or functionality) at any time, with or without notice.
   • Such modifications may include, but are not limited to, adding new features, removing existing features, changing the user interface, altering content, or updating technical specifications.
   • You agree that CanByFirst shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or the Service.
3. Maintenance: Periodically, the Website may undergo scheduled or unscheduled maintenance. While we aim to conduct maintenance during off-peak hours and provide advance notice where possible, this may not always be feasible. During maintenance periods, the Website or certain features may be unavailable.
4. Technology Requirements: You are responsible for obtaining and maintaining all computer hardware, software, and other equipment needed for access to and use of the Website, and you are responsible for all charges related thereto.

By using the Website, you acknowledge and agree that CanByFirst has no obligation to maintain or support the Website or any particular part of the Service, and that CanByFirst may, at its sole discretion, cease providing any part of the Service at any time.

10. Privacy and Data Protection

CanByFirst is committed to protecting your privacy and handling your personal data in a transparent and secure manner. Our collection, use, storage, and disclosure of your personal information are governed by our separate Privacy Policy, which is incorporated into these Terms by reference. We urge you to review our Privacy Policy to understand our practices. The following outlines key aspects of our approach to privacy and data protection:

1. Privacy Policy Reference: These Terms explicitly incorporate and reference our comprehensive Privacy Policy, which is accessible on the Website. The Privacy Policy provides detailed information regarding the types of data we collect, the purposes for which we collect it, how we use and share it, and your rights concerning your personal data.
2. Types of Data Collected: We may collect various types of information from and about users of our Website, including:
   • Personal Identifiable Information (PII): Such as your name, email address, postal address, phone number, and payment information (for donations or event registrations).
   • Non-Personal Information: Such as browser type, operating system, IP address, referring URLs, pages viewed, and access times, which helps us understand how users interact with our Website.
   • Donation Information: Details related to your financial contributions, including amounts, dates, and designated funds.
   • User-Generated Content: Any content you voluntarily submit, such as comments, prayer requests, or testimonials.
3. Purpose of Data Collection: We collect and process your data for various purposes, including:
   • To provide, maintain, and improve our Website and services.
   • To process donations and event registrations.
   • To communicate with you regarding church news, events, and important updates.
   • To personalize your experience on the Website.
   • To analyze Website usage and gather demographic information to enhance our offerings.
   • To ensure the security and integrity of our Website.
   • To comply with legal and regulatory obligations.
4. Data Sharing and Disclosure: CanByFirst will not sell, rent, or lease your personal information to third parties. We may share your information with:
   • Service Providers: Trusted third-party service providers who assist us in operating the Website, processing payments, sending communications, or performing other services on our behalf (e.g., payment processors, email service providers). These third parties are contractually obligated to keep your information confidential and use it only for the purposes for which we disclose it to them.
   • Legal Requirements: When required by law or in response to valid requests by public authorities (e.g., a court order or government agency).
   • Protection of Rights: To protect the rights, property, or safety of CanByFirst, our users, or the public.
5. Data Security: We implement reasonable administrative, technical, and physical security measures designed to protect your personal information from unauthorized access, use, alteration, and disclosure. However, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. Therefore, while we strive to protect your personal information, you acknowledge that there are security and privacy limitations of the Internet which are beyond our control.