Our Lodge Page
End User Terms of Service
1. This Agreement
This agreement and the terms incorporated into it by reference constitute the complete agreement between Vita Rara Inc a New York corporation doing business as Enable Labs and you the end user. This is not an agreement between you and any other party, user or organization using the Our Lodge Page system.
1.1. Description of Service
Our Lodge Page is a service of Enable Labs that provides web sites, mobile applications and services to member based organizations such as but not limited to Masonic Lodges, Royal Arch Masonic Chapters, and Order of Eastern Star Chapters. Our Lodge Page provides tools for Clubs such as calendars, meeting announcements, and other tools for engaging and communicating with members. Our Lodge Page also provides clubs with the ability to collect payments electronically for such things as dues, events and donations.
In this agreement the term “Club” refers to groups of members organized into chapters, lodges, clubs or other units of organization. Some clubs are organized under the authority of a Sponsoring Organization.
1.3. Sponsoring Organization
A Sponsoring Organization is an organization that manages, charters, or otherwise organizes groups of clubs.
Any person who is a member of a Club in Our Lodge Page system may create an account and become a user. In this agreement the term user or you will refer to you as an end user.
1.5. Club Officers
If you are an officer of your Club authorized by your Sponsoring Organization you will be able to manage certain functions for Club services on your Club's behalf. You will also be able to create a subscription for additional services on behalf of your Club.
1.6. Club Members
All members of a club who are in good standing may open an account on Our Lodge Page.
1.7. Other Terms Incorporated by Reference
1.8. Revisions of the Agreement
Enable Labs reserves the right to revise this agreement from time to time. When this agreement is revised notice will be provided by publishing it to the Our Lodge Page site. By continuing to use the service you agree to the revised agreement. Enable Labs reserves the right to notify you by email of changes in the agreement at its sole discretion.
2. Your User Account
Your user account is for your sole usage. User accounts are not to be shared between multiple individuals. To maintain a user account on Our Lodge Page you must maintain a membership in good standing with a Club on the Our Lodge Page system.
2.1.1. Should you be suspended or expelled by your Club for any reason your Our Lodge Page account will be suspended. In such a case the only way to reinstate your Our Lodge Page account is to be reinstated by your Club.
2.1.2. Our Lodge Page additionally reserves the right to suspend your Our Lodge Page account for any violation of these terms of service.
2.2. Account Security
You agree to use a secure password that conforms with the password rules. You agree not to share your account with any other person, and to keep the information for your account secure.
3. Fees and Payments
3.1. Fees Charged by Our Lodge Page
3.1.1. Electronic Payment Convenience Fee
Our Lodge Page provides services to clubs to receive electronic payments from you. Our Lodge Page charges you a convenience fee. As a user of the system you agree to pay the convenience fee when making a payment to a Club via the Our Lodge Page system. The amount of the convenience fee is detailed at the time of the transaction and are:
|Dues Convenience Fee||$0.99|
3.2. Fees Charged by Clubs
As a user of Our Lodge Page you can make electronic payments to Clubs in the system. These payments are being made to the Club not to Our Lodge Page.
3.2.1. Event Payments
You may pay Clubs for events through the Our Lodge Page system. Payments for events are non-refundable unless otherwise noted by the Club.
3.2.2. Dues Payments
You may pay your Club dues through the Our Lodge Page system. All dues payments are non-refundable unless noted by the Club on their dues notice.
You may make donations to a Club through the Our Lodge Page system. Our Lodge Page makes no warranty as to the tax deductibility of a donation made through the Our Lodge Page system.
4.1. You are solely responsible for any content you post to Our Lodge Page. Content includes any information provided for your personal account or posted on behalf of a Club, such as but not limited to event descriptions, social media posts, news posts, photos and documents.
4.3. Our Lodge Page does not control what content users post to the system. Should Our Lodge Page find inappropriate content posted by you or any user Our Lodge Page reserves the right to remove said content at its own discretion. All users should refrain from posting inappropriate content. Any user repeatedly posting inappropriate content will be subject to having their user account suspended. Additionally if your Club operates under a Sponsoring Organization any inappropriate content posted by you will be reported to your Club's Sponsoring Organization.
Inappropriate content includes but is not limited to:
- unauthorized commercial communications and solications commonly known as spam,
- copyrighted materials for which you do not have ownership or license to distribute,
- offensive, threatening or pornographic materials,
- content seeking to bully, intimidate or harass other users,
- hate speach,
- content, advertisement or solicitations for alcoholic or controlled substances (including marijuana),
- viruses or other malicious code,
- content related to illegal pyramid schemes.
5. Your Conduct
5.1. When using the Our Lodge Page system you agree to abide by all applicable laws and to conduct yourself in a manner complying with your Club's and/or Sponsoring Organizations constitutions, rules, by-laws, edicts or other conduct policies.
5.2. You will not use Our Lodge Page to do anything unlawful.
5.3. You will not do anything that could degrade, disable or damage the function or appearance of Our Lodge Page.
5.4. You will not use an account belonging to another person.
6. Acceptable Usage
6.1. You agree not to post any content or to use the system in a way that would interfere with its operation.
6.2. You agree not to reverse engineer the system.
6.3. Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights from Our Lodge Page to you.
6.4. You agree not to mine Our Lodge Page for information using a bot, spider or other automated means.
7. Mobile Application(s)
7.1. If you use the Our Lodge Page application you agree that we may update the application from time to time. You will not seek to decompile or reverse engineer the Our Lodge Page mobile application or modify it or create a derivative work based on it.
7.2. The Our Lodge Page mobile application(s) is provided for free but your data provider’s charges will apply when using the application.
8.1. You warrant that you are at least 18 years old if residing in the United States or the age of majority for the purpose of entering into contracts for your place of residence.
8.2. You warrant that you are authorized to enter into this agreement and to perform its obligations.
8.3. You warrant that you are a member in good standing of a Club on the Our Lodge Page system.
You agree to indemnify, defend and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, sponsors, and other third-party partners (herein after Our Lodge Page Parties) harmless from any claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, now and in the future, (herein after Claims) made by any third party due to or arising out of (a) your violations of this Agreement, (b) your use, misuse, or abuse of our system, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct in a Club or a Club event that violates this Agreement. You agree to promptly notify us of any third party Claims, cooperate with all Our Lodge Page Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You agree not to settle any Claim without our prior written consent.
10. Warranty Disclaimer and Limitation of Liability
Our Lodge Page is provided on an "as is" and "as available" basis.WE TRY TO KEEP OUR LODGE PAGE ONLINE, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT WHEN OTHERWISE STATED IN WRITING THE SERVICES AS DEFINED IN THIS AGREEMENT OR MATERIALS PRODUCED UNDER THE TERMS OF THIS AGREEMENT ARE PROVIDED TO YOU "AS IS," THAT IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DO NOT GUARANTEE THAT OUR LODGE PAGE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT OUR LODGE PAGE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND/OR SERVICES PROVIDED UNDER THIS AGREEMENT RESTS SOLELY WITH YOU. EXCEPT AS OTHERWISE STATED ABOVE, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES RELATED TO INFORMATION OR BUSINESS ADVICE PROVIDED, WARRANTIES RELATED TO OUTCOMES BASED ON INFORMATION OR ADVICE PROVIDED, WARRANTIES OF MERCHANTABILITY OR MERCANTILE QUALITY, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR USE, WARRANTIES OR CONDITIONS ARISING BY STATUTE OR OTHERWISE IN LAW, OR WARRANTIES OF ANY PRODUCTS OR SERVICES PROVIDED BY THIRD PARTY VENDORS. OUR LODGE PAGE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. YOU AGREES THAT ENABLE LABS’S LIABILITY FOR DAMAGES FROM ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE FEES PAID IN THE TWELVE MONTHS PRIOR TO SUCH CLAIM. IN NO EVENT SHALL ENABLE LABAS BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF USE OF ANY SOFTWARE OR HARDWARE, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST DATA, LOST PROFITS OR REVENUE, OR FOR ANY CLAIM OR DEMAND BY ANY THIRD PERSON, ARISING OUT OF OR RELATED TO THE AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, EVEN IF ADVISED OF THIS POSSIBILITY.
11. Dispute Resolution
Any controversy arising out of or in connection with this Agreement, including its interpretation, performance or termination, that the parties are unable to resolve through good faith negotiation within ninety (90) days following written notice by one party to the other party of the existence of such controversy or dispute shall be submitted to the American Arbitration Association, or such other body as the parties may agree. Such arbitration shall be held in the City of Albany, New York, in accordance with the Commercial Arbitration rules of the American Arbitration Association using arbitrators who are experienced commercial litigators who have had experience in litigating or arbitrating software service, licensing and ownership issues. The decision of the arbitrator(s) shall be binding and conclusive upon the parties, and judgment upon the award may be entered and enforced in any court of competent jurisdiction. Nothing contained in this section shall prohibit either party from seeking preliminary equitable relief without first resorting to negotiation or arbitration where, without such relief, such party’s interests would be compromised.
12. Trademarks and Logos
You will not use our copyrights or Trademarks or any confusingly similar marks, except with our prior written permission.
13. Address for Notifications
All notices to Enable Labs shall be sent to:
415 River St
Troy, NY 12180
14. Entire Agreement
This Agreement, the policies and terms referenced here from constitute the entire agreement between the parties, and supersedes any prior agreements. No change, waiver, or discharge hereof shall be valid unless it is in writing and is executed by the party against whom such change, waiver, or discharge is sought to be enforced.
15. No Agency
Nothing in this Agreement shall be deemed or construed to create an employer/employee, joint venture or partnership relationship between the parties to this agreement.
16. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York. You agree to the exclusive jurisdiction and venue of the state or federal courts of Albany, New York with respect to any disputes that may arise in connection with this Agreement.
You may not assign, transfer or sublicense this agreement without Enable Labs's prior written consent. This agreement may be transferred, or assigned by us in connection with a merger, corporate reorganization, consolidation, or sale of all or substantially all of our assets.
18. No Waiver
No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained.
If any provision of this Agreement is held to be invalid, the other provisions shall not be affected to the greatest extent possible consistent with the parties’ intent.
You may terminate this agreement at any time by disabling your account on the Our Lodge Page system.We may terminate this agreement at any time for any violation
21. What Survives Termination
If this agreement is terminated certain provisions of it survive termination and are enforceable on the parties including sections: Fees and Payments (3), Content (4), Indemnification (9), Warranty Disclaimer and Limitation of Liability (10), Dispute Resolution (11), Trademarks and Logos (12), Address for Notification (13), No Agency (15), Governing Law (16), Assignment (17), No Waiver (18), Severability (19), Termination (20), and other provisions necessary to effect these sections.
22. Section Headings
The section and subsection headings used herein are for reference and convenience only, and shall not enter into the interpretation hereof.