Effective Date: 10-06-2025
The Potter’s House of Dallas, Inc. (“The Potter’s House,” “us,” or “we”), owns and operates a mobile application, streaming services, and several websites, including, but not limited to: The Potter’s House Church, Home – The Potter’s House of Fort Worth, The Potter’s House Live Streaming, and T.D. Jakes Ministries | A gateway to Bishop T. D. Jakes, his Ministries and The Potter’s House Church (collectively, “our Sites” or “The Potter’s House Sites”). These Terms of Use (“Terms”) govern your access to our Sites, use of our mobile application (“App”), streaming services, and donation portals (collectively, the “Services”).
ACCEPTANCE OF THESE TERMS
Please read these Terms carefully before accessing or using the Sites, as these Terms impact your legal rights. If you choose to access and use the Sites, you are entering into a binding contract with The Potter’s House in accordance with these Terms. If you do not agree to these Terms, you should not use the Sites.
ARBITRATION NOTICE – CLASS ACTION WAIVER AND WAIVER OF JURY TRIAL
THESE TERMS CONTAIN A MANDATORY MUTUAL ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”). UNDER THAT ARBITRATION AGREEMENT, YOU AGREE THAT WE WILL RESOLVE ALL DISPUTES BETWEEN US BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. YOU UNDERSTAND THAT BOTH OF US ARE GIVING UP THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR MASS ARBITRATION, THE RIGHT TO A COURT PROCEEDING OR THE RIGHT TO A JURY TRIAL.
COOKIES, PIXELS, AND OTHER TRACKING TECHNOLOGIES
WE MAY USE COOKIES, PIXELS, AND OTHER TRACKING TECHNOLOGIES, INCLUDING THIRD-PARTY TRACKING TECHNOLOGIES, OR (COLLECTIVELY, “ADTECH”) ON THE SERVICES. WE USE ADTECH TO COLLECT AND PERFORM DATA ANALYTICS, TO RECORD HOW YOU INTERACT WITH THE SERVICES AND OUR CONTENT, INCLUDING WHERE YOU DIRECT YOUR MOUSE, THE INFORMATION YOU TYPE, AND OTHER USER-RELATED ACTIVITIES, AND TO SERVE YOU WITH TARGETED ADVERTISING.
BY VISITING AND USING THE SERVICES, YOU ARE CONSENTING TO OUR USE OF ADTECH AND YOU UNDERSTAND AND AGREE THAT WE MAY SHARE PERSONAL INFORMATION ABOUT YOU THAT WE COLLECT FROM THE USE OF ADTECH WITH OUR ADTECH PARTNERS. FOR MORE INFORMATION ABOUT HOW WE USE ADTECH, PLEASE SEE OUR PRIVACY POLICY.
ONLINE CHAT NOTICE
As part of our commitment to serve you with grace and efficiency, we partner with a trusted third-party service provider to offer an online chat feature. This tool enables our ministry to address your questions and concerns with care, utilizing technology guided by artificial intelligence to facilitate timely communication.
By engaging with the chat feature on our website, you consent to the collection, use, and processing of your information by our service provider, which acts on our behalf. We treat all personal information shared through this feature, including chat transcripts, account or order details, and contact information, with the utmost respect and in accordance with our https://www.thepottershouse.org/privacy/.
CHANGES TO THESE TERMS
We reserve the right to change these Terms at any time. All changes will be effective immediately upon posting to the Sites. Each time you access or use the Sites after changes are posted, you consent to those changes. Material changes will be conspicuously posted on the Sites, at the top of these Terms or communicated to you. If you disagree with any future changes to these Terms, you may discontinue the use of the Sites. If you continue to use the Sites after we have posted updated Terms, we understand that you accept those changes.
TERMS OF USE
- PRIVACY POLICY
- OWNERSHIP OF THE SITES AND THEIR CONTENT: INTELLECTUAL PROPERT
- Ownership of Sites and Their Content
The Potter’s House owns and operates the Sites and their Content. “Content” means the materials, articles, writings, product names and descriptions, text, designs, audio and video clips, graphics, charts, photographs, illustrations, data, interfaces, icons, images, software, computer code, hypertext markup language (“HTML”), scripts, compilations, metadata, active server pages, documentation, and other components visible from or which permit the Sites to operate, including the design, selection and arrangement of those materials. The Sites and their Content are exclusively owned or made available by The Potter’s House. - Intellectual Property Right
The Sites and the Content are the subject of certain copyrights, trademarks, trade secrets, database rights, and other intellectual property or proprietary rights (“Intellectual Property Rights”). They may not be used except as expressly provided in these Terms without advance written permission from The Potter’s House. You may not change, publish, display, transmit, transfer, sell, reproduce, make derivatives of, distribute, perform, or exploit any of the Content. Any unauthorized use of the Sites or the Content, or any other Intellectual Property Rights which belong to The Potter’s House, or any third party, is strictly prohibited and may be prosecuted to the fullest extent of the law. The Sites and Content may contain references to third-party trademarks and copies of third-party copyrighted materials, which are the property of their respective owners. - Trademarks
The Potter’s House’s name, trademarks, trade dress, and logos (“Trademarks”) used on or in connection with the Sites and the Content may not be used in connection with any product or service that is not under The Potter’s House ownership or control. The Potter’s House’s Trademarks may not be used in any manner that is likely to confuse patrons or in any manner that disparages or discredits The Potter’s House or any of its affiliates. All Trademarks, including all related goodwill, shall remain the sole and exclusive property of The Potter’s House. - PURPOSE OF THE SITES
- ACCEPTABLE USE
- No Scraping. You are prohibited from accessing the Sites and Content with any robot, spider, web crawler, script, service, scraping tool, software, or any other manual or automated process or device in order to scrape, copy, or retrieve Content from the Sites.
- No Copying or Republication. You are prohibited from copying the Content, except for personal use, without our prior written agreement
- No Unauthorized Sharing of Content.You may not modify, adapt, translate, copy, distribute, publish, re-publish, transmit, display, perform, reproduce, reuse, sell, resell, license, create derivative works of, or transfer the Content.
- No Linking or Framing. You may not link or frame to any pages of the Sites or any Content except as may be specifically authorized by The Potter’s House in advance and in writing. If you use any authorized link to the Sites, you must not use the link in any way that does or has the potential to, in our sole discretion, damage or dilute the reputation of The Potter’s House or the goodwill associated with The Potter’s House and must not create the false appearance that any program, person, or entity is associated with or sponsored by The Potter’s House.
- No Inappropriate Content. You agree not to submit any materials that are vulgar, profane, abusive, hateful, or that use sexually explicit language, epithets or slurs, text or images in poor taste, inflammatory attacks of a personal, sexual, racial, or expressions of bigotry, racism, discrimination, or hate, or that harm or are inappropriate for minors to view.
- Limits on User-Generated Materials. You agree not to submit any materials that are defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is harmful or offensive to any individual or community, contains any actionable statement, tends to mislead or reflect unfairly on any other person, business or entity or submit materials that contain copyrighted content without the express permission of the owner of the copyrights in the content.
- Protection of Intellectual Property Rights. You shall not commit any acts of infringement on or in connection with the use of the Sites or Content.
- No Use with AI. You are prohibited from using or incorporating the Content into any large learning model, algorithmic software program, data set, AI Model or generative AI tool, including, but not limited to, training or using the Content in developing or operating a machine learning or artificial intelligence (“AI”) system.
- Protection of Personal Information. You will not disclose any Personal Information or image of another individual without that person’s prior written consent or, in the case of minors, without the prior written consent of their parent or legal guardian.
- No Harmful Behavior. You will not submit inaccurate information via the Sites, commit fraud or falsify information in connection with your use of the Sites, or act maliciously against the interests or reputation of The Potter’s House. You will not interfere with another person’s or entity’s use or enjoyment of the Sites or its Content. You will not use the Sites to submit chain letters, junk mail, or spam.
- No Impersonations. You may not impersonate or attempt to impersonate another user or person when using the Sites or its Content.
- No Commercialization. You shall not advertise, promote, or offer to trade any goods or services using the Sites or the Content.
- No Harassment. You will not harass, annoy, intimidate, or threaten any The Potter’s House members, parishioners, patrons, volunteers, employees, or any third party when using the Sites or its Content.
- No Interference with the Operation of the Sites. You will not engage in activities designed to disable, damage, change the functionality or appearance of the Sites, or render the Sites inoperable, or make it more difficult to use. You will not use the Sites to access our network or infrastructure.
- No Hacking. You will not attempt to gain unauthorized access to other computer systems from or through the Sites or your account; not to upload, post, or transmit malware, viruses, Trojan horses, worms, time bombs, cancelbots, ransomware, or other harmful, disruptive, or destructive files or computer programming routines (“Malware”); and not to disrupt, interfere with, or otherwise harm or violate the security of the Sites, system resources, accounts, passwords, servers, or networks connected to or accessible through the Sites.
- No Violation of Applicable Laws. You are expressly prohibited from using the Sites or their Content in violation of any applicable federal, state, or local laws, rules, or regulations of the United States.
- If you take actions in violation of this Section, we may suffer irreparable harm for which monetary damages may be insufficient. Therefore, we have the right to seek immediate injunctive relief, as well as pursue any other remedy available at law or at equity, without the need to post a bond. We reserve the right to terminate your access to the Sites and the Content at any time.
- DIGITAL MILLENNIUM COPYRIGHT ACT
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on the Sites (not needed for counter-notices).
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled (or for counter-notices, identification of the material that you in good faith believe was removed as a result of a mistake or misidentification), and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the notification is accurate, and under penalty of perjury, that the person providing notice is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- DISCLAIMER OF WARRANTIES
- LIMITATION OF LIABILITY
- CAP ON DAMAGES
- INDEMNIFICATION
- THIRD PARTY WEBSITES
- MANDATORY DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER AND JURY TRIAL WAIVER
- ANY DISPUTE FALLING WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT MUST BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; AND
- ANY DISPUTE SEEKING TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION.
- THE RIGHT TO FILE A LAWSUIT OR HAVE A JURY TRIAL. INSTEAD, WE WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR. THERE IS NO JUDGE OR JURY IN ARBITRATION AND THE DISCOVERY AND APPEAL PROCESS IS DIFFERENT.
- THE RIGHT TO PURSUE CLASS ACTIONS, COLLECTIVE, OR REPRESENTATIVE CLAIMS IN COURT.
- MOBILE ACCESS
- TERMS FOR APPS DISTRIBUTED THROUGH THE APPLE STORE OR GOOGLE PLAY STORE
- Scope of License
The licenses granted to you for the Services in these Terms are solely for use by you on a device that utilizes the Apple iOS or Android operating system, in accordance with the applicable App Distributor’s terms and conditions. - Maintenance and Support
The Potter’s House is solely responsible for providing maintenance of its Services, and you agree that the App Distributor has no obligation to furnish any maintenance or support for the Services provided by The Potter’s House. - Intellectual Property Rights
The Potter’s House, not the App Distributor, will be solely responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claims related to the use of the Services, and you must comply with applicable App Distributor terms when using the Services. - Third-Party Beneficiary
You agree that the App Distributors, and their subsidiaries, are third-party beneficiaries to these Terms as applicable to the Services, and that, upon your acceptance of these Terms, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms (as applicable) against you as a third-party beneficiary thereof. - TEXT MESSAGE POLICY
- Data Usage Clause: We use your phone number solely to communicate important updates, including alerts and event notifications. We will not use it for any other purpose.
- Message Frequency: Message frequency may vary depending on the programs, events, activities, and Services provided by The Potter’s House.
- Rates: Message and data rates may apply. Your mobile carrier determines these charges, and they are your responsibility.
- STOP Instructions: If you wish to stop receiving text messages from The Potter’s House, reply STOP to any text message. You will receive a confirmation message and will no longer receive SMS communications from us. You may also stop text messages by calling us at 1-800-BISHOP2 or emailing us at custservice@thepottershouse.org.
- HELP Instructions: For assistance, reply HELP to any message or contact our support team at 1-800-BISHOP2 or email us at custservice@thepottershouse.org
- Carrier liability: Mobile carriers are not liable for delayed or undelivered messages.
- Non-Sharing Clause: We respect your privacy and will not intentionally distribute your mobile phone number to any third parties for any purposes without your consent.
- Data Protection Clause: We use restricted access controls and secure storage solutions to protect your data from unauthorized access or misuse. We retain your contact data for as long as needed to fulfill the purposes outlined in this policy.
- Privacy Policy: For more information about how we collect, use, and protect your personal data, please review our Privacy Policy.
- GIVING
- PURCHASES AND REFUNDS
- MISCELLANEOUS
- Assignment
The Potter’s House may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent. - Termination of the Services
We reserve the right to make any changes to the Services in any manner and to deny or terminate your access to the Services in our sole discretion. - Notices and Electronic Communications
All notices, consents, and other communications permitted or required to be given under these Terms must be in writing and addressed to the recipient and will be deemed given: upon delivery if personally delivered with fees prepaid, including by a recognized courier service; upon receipt if delivered by certified or registered United States mail, postage prepaid and return receipt requested, as indicated by the date on the signed receipt; or, where you are the recipient, upon delivery by email. These Terms and any other documentation, agreements, notices, or communications between you and The Potter’s House may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference. - No Waivers
The failure of The Potter’s House to exercise or enforce any right or provision of the Terms shall not constitute a waiver of said right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by The Potter’s House. - Severability
If any part or parts of these Terms are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder shall continue in full force and effect. - Site Unavailability
The Sites and Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (i) hardware, software, server, network, or telecommunications failures; (ii) severe weather, pandemics, quarantines, fire, earthquake, etc.; (iii) regulatory restrictions and other acts of government; (iv) interruptions due to utility and power companies; or (v) interruptions due to hacking or other malicious intrusion. - Venue and Governing Law
These Terms are governed by the laws of the State of Texas, without giving effect to any conflict of law principles. You agree that, to the extent applicable and expressly subject to the dispute resolution provisions below, you will submit to the exclusive jurisdiction of the state and federal courts located in Texas in circumstances where these Terms permit litigation in court. We may assign, transfer, delegate, or otherwise hypothecate our rights under these Terms in our sole discretion. If we fail to enforce a provision of these Terms, you agree that such a failure does not constitute a waiver to enforce the provision (or any other provision hereunder). If any provision of these Terms is held or made invalid, the invalidity does not affect the remainder of these Terms. We reserve all rights not expressly granted in these Terms and disclaim all implied licenses. - Order of Preference
In the event of a conflict between these Terms and any other agreement between the parties, these Terms shall prevail, unless expressly stated otherwise in these Terms. - Modifications of the Sites and Content
The Potter’s House reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites or the Content. Any programs, products, or services mentioned on the Sites or in the Content are subject to availability, and additional terms may apply. - Cooperation with Law Enforcement
The Potter’s House will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD THE POTTER’S HOUSE HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS. - Entire Agreement
These Terms constitute the entire Agreement between The Potter’s House and you with respect to your use of and access to the Sites and their Content. This Agreement supersedes all prior or contemporaneous communications, understandings, and proposals, whether electronic, oral, or written, between you and The Potter’s House with respect to the Sites and its Content. - CONTACT US
We may collect certain Personal Information from you when you use the Sites. “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household. Personal Information does not include publicly available information or aggregated information that does not include personal identifiers. We handle personal information in the manner described in our https://www.thepottershouse.org/privacy/.
We provide the Sites and their Content as a convenience to our parishioners, patrons, volunteers, visitors, employees, and job applicants. While we strive to maintain accurate information on our Sites, we make no representation regarding the completeness or accuracy of the Content. Some Content on the Sites may be incomplete, may contain errors, or may be outdated.
These Terms permit you to use the Sites for your personal, non-commercial use only, and no portion of the Sites may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose that The Potter’s House does not expressly permit.
We reserve the right, in our sole discretion to: (a) correct any errors, inaccuracies or omissions on the Sites; (b) change descriptions, images and references of the programs and services provided by The Potter’s House; (c) add, modify or delete any Content contained on our Sites; (d) update information at any time with or without notice; or (e) suspend or discontinue the Sites at any time. The Potter’s House reserves all rights not expressly granted herein.
If you use the Sites and their Content, you must comply with the following restrictions:
We respect the intellectual property rights of others, and we ask that you do the same. The Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. § 512) provides a remedy for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law.
If you are a US copyright owner and believe Content on the Sites infringes upon your copyright, you may request that we remove that infringing Content from the Sites. If you are a copyright owner and believe that we have removed your work by mistake or have misidentified your work, you may respond by sending us a counter-notice. Please send your notice to our DMCA agent at the following addresses:
By email to: custservice@thepottershouse.org
By mail to: The Potter’s House of Dallas, Inc.
Attn: DMCA Agent
P.O. Box 5390
Dallas, TX 75208
Your notice (or counter-notice) must include the following information:
We will promptly investigate any claims of copyright infringement upon receipt of a notice or counter-notice. We will only respond to notices and counter-notices that comply with applicable law. If we receive a valid notice of alleged copyright infringement, we will remove the materials and take reasonable steps to contact the owner of the removed materials so that the owner is given the opportunity to respond with a counter-notice.
It is our policy to terminate repeat infringers’ use of the Sites, such as by terminating or disabling accounts (if applicable).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE POTTER’S HOUSE DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SERVICES. THE POTTER’S HOUSE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SITES AVAILABLE ARE FREE OF MALWARE. THE POTTER’S HOUSE IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS WITH THE SITES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE POTTER’S HOUSE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
THE POTTER’S HOUSE HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION OR USER-GENERATED MATERIAL.
YOU USE THE SERVICES AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SITES, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED FROM USING THE SERVICES.
YOU ACKNOWLEDGE THAT YOUR USE OF THE SITES AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
IN NO EVENT SHALL THE POTTER’S HOUSE, ITS AFFILIATES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE AND SERVICES OBTAINED THROUGH THE SITES, THE POTTER’S HOUSE REMOVAL OR DELETION OF ANY MATERIALS ON THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE POTTER’S HOUSE OR ANY OF ITS AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE POTTER’S HOUSE, ITS AFFILIATES, OR LICENSORS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES.
THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY.
IN NO EVENT SHALL THE POTTER’S HOUSE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, ARISING FROM OR RELATED TO THE USE OF THE SERVICES IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED $100. THESE LIMITATIONS SHALL APPLY NOT WITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IF YOU ARE DISSATISFIED WITH THE SERVICES, DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, OR INCUR ANY LOSS OR DAMAGE OF ANY KIND IN CONNECTION WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EXCEPT AS PROHIBITED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE POTTER’S HOUSE AND OUR AGENTS FROM AND AGAINST ALL CLAIMS, DEMANDS, COMPLAINTS, ALLEGATIONS OR ACTIONS (“CLAIMS”) AND AGREE TO PAY ANY LOSSES, LIABILITIES, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO: (A) YOUR ACCESS TO, USE OF, OR MISUSE OF THE SERVICES; (B) YOUR VIOLATION OF ANY APPLICABLE LAWS WHEN ACCESSING OR USING THE SERVICES; (C) YOUR MISUSE OF ANOTHER PERSON’S PERSONAL INFORMATION; (D) YOUR INFRINGEMENT OR MISAPPROPRIATION OF THE POTTER’S HOUSE’S OR ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS; (E) YOUR FAILURE TO COMPLY WITH THE ACCEPTABLE USE POLICY; OR (F) YOUR VIOLATION OF THESE TERMS. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).
The Sites may contain links to or references to third-party websites, resources, and advertisers (collectively, “Third-Party Websites”). Your linking to such Third-Party websites is at your own risk. Under no circumstances shall The Potter’s House be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third-Party websites.
The Potter’s House is not responsible for the availability of these Third-Party websites, nor is it responsible for the aesthetics, appeal, suitability to taste, or subjective quality of informational content, advertising, products, or other materials made available on or through such Third-Party websites. No endorsement of any third-party content, information, data, opinions, advice, statements, goods, services, or products is expressed or implied by any information, material, or content of any third party contained in, referred to, included on, or linked from or to the Sites. You should direct any concerns to the respective Third-Party websites’ administrator or webmaster.
All issues or disputes that you may have that relate to or arise from the Services shall be resolved through alternative dispute resolution as provided within this section.
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. THIS COVERS ANY DISAGREEMENT, DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OF OUR SERVICES, CONTENT, OR USER-GENERATED CONTENT, WHETHER IN CONTRACT, TORT OR OTHERWISE (“DISPUTE”) EXCEPT THE FOLLOWING:
EACH PARTY MAY PROCEED IN ANY DISPUTE ONLY IN THAT PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION.
BY ENTERING INTO THIS ARBITRATION AGREEMENT, INDEPENDENT OF THE REMAINING PROVISIONS OF THESE TERMS, AND BY AGREEING TO A WAIVER OF CLASS ACTIONS, EACH OF US IS GIVING UP CERTAIN RIGHTS INCLUDING:
g) If you have a dispute with The Potter’s House that arises out of or relates to the Services, you will report the dispute in a signed written document that is submitted to an authorized representative of The Potter’s House by email at custservice@thepottershouse.org or to our mailing address provided below. The authorized representative of The Potter’s House shall have 60 days from receipt of your notice to address any dispute raised by you. You agree to cooperate and to make a good faith effort to resolve any dispute within 60 days from the authorized representative’s receipt of your notice.
g) If The Potter’s House’s authorized representative does not resolve the dispute to your satisfaction within 60 days, you agree that the only next course of action shall be to escalate the dispute through the appropriate committee, board, or person in whom the ultimate authority of The Potter’s House’s governance is vested (hereinafter “Governing Authority”), and that such escalation shall be in writing and shall include a description of the underlying dispute and an explanation of why The Potter’s House’s authorized representative was unable to resolve the dispute to your satisfaction. Such notice shall be submitted by email or to our mailing address provided below. You understand that the Governing Authority may, at its sole discretion, investigate your dispute. You agree to cooperate with the Governing Authority and to make a good faith effort to resolve any dispute before you take any further action related to your dispute. You agree that the Governing Authority shall have 90 days from its receipt of your written complaint to resolve your dispute to your satisfaction.
g) You agree that if you are unable to resolve any dispute arising out of or relating to the Services by reporting this matter to The Potter’s House’s authorized representative or the Governing Authority, that all disputes shall be settled through Biblically-based dispute resolution mechanisms, or Biblically-based meditation and, if necessary, legally binding arbitration in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation (complete text of the Rules is available at iccpeace.com/rules or by contacting ICC PEACE at info@iccpeace.com or calling 844-707-3233). Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction.
g) YOU UNDERSTAND THAT THE FOREGOING METHODS OF ALTERNATIVE DISPUTE RESOLUTION, DESCRIBED IN PARAGRAPHS (A)-(C) ABOVE, SHALL BE THE SOLE REMEDY FOR ANY DISPUTE ARISING OUT OF OR RELATED TO THE SERVICES AND EXPRESSLY WAIVE THE RIGHT TO FILE A LAWSUIT IN ANY COURT OR TRIBUNAL AGAINST THE POTTER’S HOUSE OR ANY OF ITS AUTHORIZED REPRESENTATIVES, AGENTS, EMPLOYEES OR REPRESENTATIVE, EXCEPT TO ENFORCE AN ARBITRATION DECISION.
g) All aspects of the mediation or arbitration proceeding, including, but not limited to, the award of the arbitrator and compliance therewith, shall be strictly confidential. Subject to the foregoing, any authorized mediations and arbitrations shall occur in the county in which The Potter’s House maintains its principal place of operations. All legal action related to this Agreement shall be exclusively brought in a state or federal court sitting in the county in which The Potter’s House maintains its principal place of operations. You hereby submit to the exclusive personal and subject matter jurisdiction of such courts for such actions.
g) The decision of the arbitrator will be final and binding and will not have precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action, class arbitration, or mass arbitration.
g) This Arbitration Agreement provision will survive the termination of these Terms.
If you use a mobile device to access the Sites, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites; and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status, and details. You further understand that service may not be available in all areas at all times and may be affected by product, software, coverage, or service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use. By accessing or using the Sites via a mobile device, you agree to these Terms and to any applicable terms of a mobile app you may use.
Our Services and certain Content may be available through the Apple App Store or Google Play (collectively the “Apps”). You understand that these Terms are between you and The Potter’s House, and not with Apple Inc. or Google, Inc. (each an “App Distributor”). The Potter’s House, not the App Distributor, is solely responsible for the Services and their Content. If the restrictions in these Terms related to your use of the Services conflict with the terms and conditions provided by the applicable App Distributor, the App Distributor’s terms shall control.
The Potter’s House uses third-party text messaging services to communicate and share information with its subscribers. By subscribing, you have provided us with consent to send you text messages regarding The Potter’s House programs, events, and Services.
If you choose to provide a donation through one of The Potter’s House Sites, you will be prompted and required to provide the necessary credit card, bank account, and other financial information to process the transaction. We will collect the designation for your donation if you provide one, and personal information such as your name, address, phone number, and/or email address to ensure that your donation is used for the purpose you request and to provide you with an annual giving statement that itemizes your donation(s). We may contact you periodically to inquire if you would like to give to another program, location, or cause. We may contact you through push notification, email, mail, or in-app messages to share these opportunities.
This information, excluding your financial information, is stored in our databases. As of the date of this Policy, we use Stripe, PayPal, Payroc World Access, LLC, and iDonate LLC to process your online donation payments. For information on how third parties process your information, please refer to their privacy policies found here: https://www.paypal.com/us/legalhub/privacy-full, Privacy Policy | iDonate, Privacy Policy | Payroc, and Privacy Policy.
All donations made to The Potter’s House are considered final and non-refundable. As a nonprofit ministry, we deeply appreciate your generosity and commitment to supporting our mission. Donations are used to further our spiritual, charitable, and community outreach efforts, and cannot be returned once processed.
For The Potter’s House Sites, where you are able to purchase branded clothing and other items, including the on-line store, your personal and financial information is provided and shared with our third-party contractors that we use to process your order. The third parties are identified at the time of your purchase. For information on how those companies use, store, maintain, and disclose your information, please refer to their respective privacy policies or contact them directly.
For physical products purchased through our online shop or at events, we strive to ensure quality and customer satisfaction. If you receive a defective or damaged item, we will gladly offer an exchange for the same product or a comparable item, subject to availability. To initiate an exchange, please contact us within 21 days of receiving your order at custservice@thepottershouse.org or call us at 1-800-BISHOP2 and include a description and photo of the issue.
If you have any questions regarding these Terms, you can contact us at:
The Potter’s House of Dallas, Inc.
P.O. Box 5390
Dallas, TX 75208
Telephone: 1-800-BISHOP2