PSG Digital Toolkit / Catholic Social Media:
Terms of Service

Last Updated: May 8, 2020

            This contract is a binding, legal document between PRENGER SOLUTIONS GROUP, LLC, its subsidiaries and affiliates (collectively, “PSG,” “We,” “Us”), and you governing the use of our websites and our services.

1.         GENERAL

PSG provides its materials, content and services, which includes social media posts, tips and advice (collectively, the “Services”) to Catholic parishes, schools and dioceses (“User”) under this Terms of Service and corresponding Privacy Policy. By accessing, registering for or using our Services, you agree to the following terms, conditions, policies, guidelines, and amendments listed below (the “Terms of Service” or this “Agreement”) and all applicable laws.

You are only allowed to use our Services if you agree to our Terms of Service and corresponding Privacy Policy. If you do not agree to these documents must not use our Services.

Subscription Access. Subject to the terms and conditions of this Agreement, User shall have access to the Services for as long as User remains a paying subscriber. User may cancel the subscription to the Services at any time, for any reason. Services shall automatically continue until terminated by the User. PSG reserves the right to change the subscription fee at any time in its complete discretion by providing thirty (30) days prior notice.

2.         PRIVACY POLICY

In addition to the terms and conditions on this page, we have also incorporated a Privacy Policy to this Agreement. Our Privacy Policy lists general information practices. Our Privacy Policy can be found by clicking here.

3.         COMPLIANCE AND DISCLOSURE

PSG reserves the right to contact you in connection with our or your compliance with, and the performance of, these Terms or any activities related to our Services.

By accessing our subscription content and using our Services, you acknowledge and agree that PSG may keep record of activities or content in connection with the Services. PSG may also disclose these activities or content in connection with the Services if required to do so by the law or in the good faith belief that this action is reasonable and necessary to: Comply with the law or legal process; Enforce these Terms of Service; Respond to claims that the activities in connection with the Services that violate the rights of third parties; or To protect the rights, property, or personal safety of PSG, Service users, or the public.

4.         NO LIABILITY FOR THIRD PARTY WEBSITES OR SERVICES

These Terms of Service and corresponding Privacy Policy apply to all Services and extend to all our users. Our Services may contain links to third party websites and services that are not owned or controlled by PSG and we cannot control, and will not be held responsible for, the content, privacy policies, or practices of any third party websites or services. By using the PSG Services, you specifically release PSG from any and all liability arising from your use of any third party website, third party services, or interaction with any third party.

5.         MODIFICATION OF TERMS

PSG reserves the right to update or modify this Terms of Service and corresponding Privacy Policy at any time. All updates to these documents will be effective from the day they are posted online. The updates and modifications will be linked to our Services behind the links labeled “Terms of Service” and “Privacy Policy.” If we make any material changes in the way that we collect, store, or use data, we will notify users of these changes. It is your responsibility to regularly visit and review this Agreement and the Privacy Policy. If you do not agree to modifications to our Terms of Service and Privacy Policy, simply stop using our Services. Your continued use of our Services after we have posted the revised Terms of Service or Privacy Policy signifies to us that you acknowledge and agree to be bound by these revised Terms of Service.

6.         USE OF SERVICES

This Agreement lists rules and guidelines for using our Services, including (but not limited to) how these Services can be copied or used. By accessing, registering for or using the Services, you agree to be bound by the following rules:

1. Responsibility.  Any User Posts that are either posted publicly or privately based on information provided by PSG Services is the sole responsibility of the user who posted it. Your access to the PSG Services and User Posts is AT YOUR OWN RISK. PSG cannot be held responsible for any damage resulting from errors or omission in User Posts or User Data or any damage that is suffered as a result.
2. Rights Limited to User. Any and all rights under this Agreement granted to User are limited to a specific designated User that has paid for the appropriate subscription established by Company for access to and use of the Materials, Services as provided in this Agreement. All passwords, access codes and subscription Services are personal to the User and are not transferable or assignable by User.
3. No Distribution. User acknowledges that PSG Services and content are intended for use only by the designated User on his or her designated social media channels. User may not distribute (including via e-mail or the Internet), or otherwise make available, copies of the materials, content and/or the documentation provided by the Services to others, whether or not for payment or other consideration, without the written permission from Company. User may not copy, extract, summarize, distribute or otherwise use the materials, content and/or the documentation provided by the Services in any manner which competes with or substitutes for Company’s distribution of the materials, content and/or the documentation to its customers.

7.         DISCLAIMER

            PSG expressly disclaims any and all liability in connection with User Posts based on information obtained from the site or PSGs weekly newsletter.  BY USING OUR SERVICES YOU UNDERSTAND AND AGREE THAT PSG RESERVES THE RIGHT, BUT DOES NOT ASSUME RESPONSIBILITY, TO MONITOR USER POSTS BASED ON OUR SERVICES. ALL CONTENT ON THIS WEBSITE IS PRESENTED TO YOU “AS IS” AND “AT YOUR OWN RISK.”

PSG also reserves the right to terminate a user’s account and access to Services at any time in its sole discretion and without prior notice.

a.         Restrictions.  To the extent permitted by applicable law, you are NOT ALLOWED to:

• decompile, disassemble, or electronically transfer our Services to third parties;

• modify our Services in any way;

• reverse engineer, or permit others to reverse engineer, our Services;

• rent, lend, publicly perform, present, broadcast or distribute our Services; or

• copy, modify, transfer, or use our Services in a way that is not specifically mentioned by us in this Terms of Service.

            b.         Harmful or Illegal Use.  By using the Services, you agree to respect PSG and fellow Service users. To the extent permitted by applicable law, you are NOT ALLOWED to:

• undergo any act that interferes with the Services;

• engage in illegal activities or engage in activities harmful to the operations of PSG, our Services or other customers and users;

• use the network or Services to collect or use any personally identifiable information (“PII”) including, without limitation, account names, email addresses, User Posts or other User Data;

• engage in terroristic activities; or

• send or store infringing, obscene, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or that violates any third party IP or privacy rights.

8.         PROFESSIONAL RESPONSIBILITY

User acknowledges that User is purchasing the Services hereunder to assist User in User’s regular course of business. User further acknowledges that it is User’s responsibility to review the Services to determine that all information provided to User is sufficiently accurate for User’s purposes. The Services are not intended to be a substitute for the exercise of User’s judgment.

9.         USER ACCOUNTS

When you sign up for a User Account with PSG, you are required to give us true, accurate, current and complete information about yourself and your sponsoring organization in all required fields of our registration form. For details on the types of data we collect for User Accounts, please visit our Privacy Policy.

If your information changes, it is your responsibility to update your account to reflect these changes. If PSG feels that your account information is not complete, current, or accurate, or that your account violates these Terms of Service, PSG may suspend or terminate your account.

10.       TERM AND TERMINATION

By using our Website and Services, you understand and agree that PSG, at its sole discretion, and with or without cause or notice to you, can terminate these Terms of Use, your access to the Website, or suspend or block your access to the weekly subscription service.

PSG reserves the right, at its sole discretion, to terminate your password, account, or use of the Services and may withhold, remove and/or delete User Data without notice if you materially breach this Agreement. A material breach of this Agreement includes, but is not limited to, your failure to abide by these Terms of Service.

If PSG suspends or cancels your account, your right to use the Services will stop immediately. Once your account is cancelled and deleted, you will not have access to any User Data that you contributed on our Services.

11.       REPRESENTATIONS AND WARRANTIES

a.         PSG’s Representations and Warranties.  PSG represents and warrants that in performing the Services provided in this Agreement that:

• It has the authority and is legally able to form a binding contract with you; and

• It will, at a minimum, conform to generally accepted industry standards and practices.

b.         User Representations and Warranties. By registering for and using our Services:

• You represent and you warrant that you are legally able to form a binding contract with PSG, and you are not barred from receiving Services under the laws of the United States or other jurisdictions.

• You agree to provide current and accurate identification, contact, and other information as part of the registration process for access to our Services.

• You agree to be solely responsible for all content on your account. Your account, including your username and password, are personal to you and should not be used by any other user or legal entity.

• You agree to be solely responsible for maintaining the confidentiality of your account information, and you are responsible for all activities that occur under your account.

• You agree to immediately notify PSG of any unauthorized use of your account or any other breach of security. PSG will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.

• You understand that all User Posts and User Data are the sole responsibility of the account owner from which the User Post or User Data originated. PSG does not claim ownership to or responsibility for, any User Post or User Data.

• PSG reserves the right, but does not assume the responsibility, to monitor or review any activity on PSG’s Services. You agree that you are responsible for the conduct of your account and any User Data that is created, transmitted, stored, or displayed by, from, or within your account while using the Services. You will be held responsible for any consequences, legal or otherwise, that arise from your use of the Services.

• You agree to use our Services only for purposes that are legal, proper and according to the Terms of Service, corresponding Privacy Policy, and any applicable policies or guidelines.

• You represent and you warrant that you will not use PSG Services in any way considered “prohibited”. These actions are subject to the strict regulation of PSG and are grounds for suspension or termination of your account.

12.       INDEMNIFICATION

            By accessing, registering for, using, or downloading our Services you agree to indemnify, defend and hold harmless PSG, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to:

1. Any claim due to or arising out of your violation of the Terms of Service, including but not limited to a claim arising out of a breach of your representations or warranties made under these Terms of Service;

2. Your use of and/or access (or any use or access by a third party on your account) to the websites or Services;

3. Your violation of any third party right, including without limitation, any copyright, property, moral or privacy right; or

4. The unavailability of websites or Services.

In the event that a claim, suit, or action (“Suit”) is brought against you, we will provide notice of this Suit to your contact information we have on file.

13.       LIMITATION OF LIABILITY

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with our Services is to request that your user profile be deleted and to stop using the Services.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PSG, ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE PSG SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER PSG HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO PSG SERVICES WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO PSG DURING THE PRIOR THREE MONTHS IN QUESTION.

14.       INTERNET DELAYS

THE PSG SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT ARE ASSOCIATED WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PSG IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM THESE PROBLEMS.

15.       WARRANTY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PSG SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. PSG DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU AGREE THAT YOUR USE OF PSG SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A PSG AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.

16.       EXCLUSIONS AND LIMITATIONS

Some states and/or jurisdictions do not allow the exclusion of implied warranties or for liability limitations to be placed on certain types of damages (including incidental or consequential damages). Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.

17.       NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Terms of Service, there will not be third party beneficiaries to the Terms of Service

18.       NO AGENCY

You acknowledge and agree that no joint venture, partnership, employment or agency relationship is intended or created between you and PSG by this Agreement.

19.       NOTICE

You agree that PSG may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on PSG Services.

20.       MISCELLANEOUS

a.         Entire Agreement.  The Terms of Service and Privacy Policy (including any policies, guidelines or amendments that may be presented to your from time to time) constitute the entire agreement between you and PSG and govern your use of the Services, superseding any prior agreements between you and PSG for the use of the Services. You also may be subject to additional terms and conditions, rules, regulations, and applicable law that may apply when you use or purchase certain other Updates. The provisions limiting PSG’s liability will survive the expiration or termination of this Agreement.

b.         Choice of Law and Forum.  The Terms of Service and the relationship between you and PSG are governed by the laws of the State of Nebraska. You and PSG agree to submit to the personal and exclusive jurisdiction of the courts located within Douglas County, Nebraska. PSG shall have the right to recover expenses including collection costs and reasonable attorney’s fees incurred.

c.         Location and Data Transfers.  Our Services and the servers that make the PSG website available may not be located in the country where you live and are governed by U.S. Law. By using the PSG Services, you agree to the transfer, collection, processing and use of data by PSG.

d.         Assignment.  PSG may assign or transfer (whether by merger, reorganization, consolidation, Intellectual Property or otherwise) this Agreement or any obligation incurred under this Agreement. PSG may assign this Agreement without your consent to a subsidiary or affiliated company that currently exists or that may be created in the future. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors.

e.         Waiver and Severability of Terms.  If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force. If PSG does not enforce any right or provision in this Agreement, it does not create a waiver of these rights of provisions unless they are acknowledged or agreed by PSG in writing.

To evidence your agreement to these Terms of Service, you will click “I Accept” at the bottom of this page.

LDM #681870