Terms of Use

Last Modified: June 1, 2026

Acceptance of the Terms of Use

These terms of use are entered into by and between you and MERCYSEAT, LLC (“Company,” “we,” “us” or “MercySeat”). The website located at https://www.mercyseat.app, the MercySeat app, the MercySeat portals located at portal.mercyseat.app, and all other MercySeat digital platforms are hereinafter referred to collectively as the “MercySeat Platforms.” The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the MercySeat Platforms and the products, services and features we make available to you as part of the MercySeat Platforms (collectively, the “Service”), whether as a guest or a registered user, MERCYSEAT, LLC is the developer of, owner of, and operator of the MercySeat Platforms, and is the provider of the Service.

Please read the Terms of Use carefully before you start to use the Service. By accessing or using the website located at https://www.mercyseat.app, and by marking the designated box to indicate acceptance of and agreement to be bound by the MercySeat Terms & Conditions when such option is made available to you, you are accepting and agreeing to be bound by and abide by these Terms of Use, our Privacy Policy, and all other Terms & Conditions found at https://www.mercyseat.app/terms-conditions, all of which are incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy or the other Terms & Conditions, you must not access or use the Service.

The Service is offered and available to users who are 18 years of age or older or who are under 18 years of age but are 13 years of age or older and have a parent’s or guardian’s permission to use the Service, and only to such users who reside in the United States or any of its territories or possessions. If you are under the age of 18, do not use the Service without a parent’s or guardian’s permission. If you have a parent’s or guardian’s permission to use the Service, do not use the Service until they have read the Terms of Use.

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are agreeing to be bound by the Terms of Use and you are agreeing that you are responsible for all of your child’s activity in their use of the Service.

If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that company or organization, and that such company or organization accepts and agrees to be bound by the Terms of Use.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Service.

By using the Service, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.

Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Service and Account Security

We reserve the right to withdraw or amend this Service, and any service or material we provide as part of the Service, in our sole discretion without notice. From time to time, we may restrict user access, including registered user access, to some parts of the Service or the entire Service. We will not be liable if for any reason all or part of the Service is unavailable at any time or for any period and we will not be liable if for any reason we restrict user access, including registered user access, to some parts of the Service or the entire Service.

You are responsible for both:

Making all arrangements necessary for you to have access to the Service.
Ensuring that all persons who access the Service through your internet connection are aware of these Terms of Use and comply with them.

To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current, and complete. You agree that all information you provide to register with this Service or otherwise, including, but not limited to, through the use of any interactive features on the Service, is governed by our Privacy Policy [located at https://www.mercyseat.app/terms-conditions], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Service for your personal, non-commercial use only, except as expressly permitted by the platform’s features and functionality, including use by registered organizations in connection with donation campaigns and other authorized activities. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

You may view or listen to Content for your personal, non-commercial use.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print [or download] one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our Terms & Conditions [located at https://www.mercyseat.app/terms-conditions] for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with the Company’s prior written consent and, if applicable, the respective rights holders;
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service.

If you wish to make any use of material on the Service other than that set out in this section, please address your request to: legal@mercyseat.app.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Use, your right to use the Service will stop immediately and you must immediately destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms “MERCYSEAT” and “MercySeat”, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Service are the trademarks of their respective owners.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the Service:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use and/ or in the Terms & Conditions [located at https://www.mercyseat.app/terms-conditions].
To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service, or expose them to liability.

Additionally, you agree not to:

Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Service.
Use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations.
Use the Service to view or listen to Content other than for personal, non-commercial use.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
Circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content.
Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Service.

User Contributions

The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, us, or a third-party (collectively, “Content”).

The person or entity posting Content within the Service is responsible for that Content. The Company is under no obligation to host or serve Content. If you see any Content you believe does not comply with these Terms of Use, including by violating the Content Standards or the law, you can report it to us.

The Service may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, video and audio upload and streaming features, organization and donation pages, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) Content or materials (collectively, “User Contributions“) on or through the Service.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

You retain ownership rights in your User Contributions. However, we do require you to grant certain rights to the Company and other users of the Service, as described below.

Any User Contributions you provide to the Service will be considered non-confidential and non-proprietary. By providing any User Contributions on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable and transferable license to use, reproduce, modify, perform, display, distribute, create derivative works, and otherwise disclose to third parties any such User Contributions for any purpose, including but not limited to operating, promoting, and improving the Service and its offerings, including displaying your content to other users and facilitating donations.

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your User Contributions through the Service, and to use such User Contributions, including to reproduce, distribute, prepare derivative works, display, and perform them, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your User Contributions independent of the Service.

You grant to the Company the right to monetize your User Contributions on the Service (and such monetization may include displaying ads on or within User Contributions or charging users a fee for accessing User Contributions). This Agreement does not entitle you to any payments.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Service.

You may remove your User Contributions from the Service at any time. You must remove your User Contributions if you no longer have the rights required by these terms.

Monitoring and Enforcement; Termination

You may stop using the Service at any time.

The Company reserves the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [located at https://www.mercyseat.app/terms-conditions].
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Be intended to cause or promote, by the targeting of a specific identifiable individual(s), physical harm to such individual(s), or needlessly cause annoyance, inconvenience, or anxiety to, or needlessly upset, embarrass, alarm, or annoy such individual(s) in a manner that is in violation of the law.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
In the sole determination of the Company, differ from, contradict, or violate any Biblical provision whatsoever.

We reserve the right, in our sole discretion, to freeze (for a time or indefinitely), remove, disable access to, delete, or take down any or all of your User Contributions and/ or your user account if we determine that such User Contributions or your user account violate these Terms of Use, or may cause harm to the Company, its affiliates, users, or any third party.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please report such User Contributions by using the in-app report content feature and/ or by contacting us at legal@mercyseat.app with a notice of claimed infringement that includes all relevant information necessary for us to evaluate your claim, including identification of the copyrighted work, the allegedly infringing material, your contact information, and any materials evidencing your ownership of the copyrighted work(s).

Reliance on Information Posted

The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.

This Service includes content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Service

We may, from time to time, update and/ or modify the Service, but such updates and/ or modifications may not be complete or up to date and such may be out of date at any given time. Regardless, we are under no obligation to make any updates or modifications to the Service.

Information About You and Your Visits to the Service

All information we collect on this Service is subject to our Privacy Policy that can be found at https://www.mercyseat.app/terms-conditions. By using and continuing to use the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Transactions and Other Terms and Conditions

All financial transactions occurring on or facilitated in any way through the Service, including but not limited to donations, individual content purchases, subscription purchases, as well as all other financial transaction of any kind occurring on or facilitated through the Service, are governed by our donation and payment terms located at https://www.mercyseat.app/terms-conditions, the terms of which are hereby incorporated into these Terms of Use.

Linking to the Service and Social Media Features

You may link to the MercySeat Platforms and/ or our website’s homepage [located at https://www.mercyseat.app], provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Service may provide certain social media features that enable you to:

Link from your own or certain third-party platforms to certain content on this Service.
Send emails or other communications with certain content, or links to certain content, on this Service.
Cause limited portions of content on this Service to be displayed or appear to be displayed on your own or certain third-party platforms.

You may use these features solely as they are provided by us, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any platform that is not owned by you.
Cause the Service or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Service other than the homepage, except that links to specific content pages, user profiles, and donation pages are permitted provided such linking complies with these Terms of Use.
Otherwise take any action with respect to the materials on this Service that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Service

If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party platforms linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such platforms.

Open Source

Some software used in the Service may be offered under an open source license. There may be provisions in such applicable open source license(s) that expressly override some of these terms, so please be sure to read those licenses.

Geographic Restrictions

The owner of the Service is based in the State of Texas in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

To the fullest extent permitted by applicable law, the Company will not be liable for any loss or damage caused by distributed denial-of-service attacks, viruses, malware, or other technologically harmful material that may infect your devices, systems, data, or other proprietary material arising from your use of the Service, any content or materials obtained through the Service, or any websites or services linked to or integrated with the Service.

YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE (INCLUDING BUT NOT LIMITED TO PAYMENT PROCESSING AND CHARITABLE DONATION FACILITATION) IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE DO NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DO NOT MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY USER CONTRIBUTIONS YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR ANY SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTRIBUTIONS, THIRD-PARTY CONTENT, OR THE ACTIONS, OMISSIONS, OR CONDUCT OF ANY USERS, CHARITABLE ORGANIZATIONS, OR THIRD-PARTY SERVICE PROVIDERS. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE RECEIPT, PROCESSING, USE, OR TAX TREATMENT OF ANY DONATIONS MADE THROUGH THE SERVICE.

WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

Nothing in this section shall exclude or limit any warranty that cannot be excluded or limited under applicable law.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR OWNERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT OR TO WHICH IT LINKS, OR ANY CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OR CORRUPTION OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY:

ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
ANY INTERRUPTION OR CESSATION OF THE SERVICE;
ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
ANY CONTENT WHETHER SUBMITTED BY A USER OR THE COMPANY, INCLUDING YOUR USE OF CONTENT; AND/OR
THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND OWNERS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS OF USE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF (A) $100,000.00 OR (B) THE TOTAL AMOUNTS PAID BY YOU TO THE COMPANY FOR THE APPLICABLE SERVICE GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS THE LESSER AMOUNT.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, owners, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including but not limited to attorneys’ fees) arising out of or relating to: (i) your use of and access to the Service, including but not limited to your User Contributions; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) your use of any information obtained from the Service. This defense and indemnification obligation will survive these Terms of Use and your use of the Service.

Governing Law and Jurisdiction

All matters relating to the Service and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Austin and County of Travis, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.

Limitation on Time to File Claims

YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and all of our Terms & Conditions, and any other policies expressly incorporated herein constitute the sole and entire agreement between you and MERCYSEAT, LLC regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

Your Comments and Concerns

The Service is operated by MERCYSEAT, LLC [600 E. NOLANA AVENUE, STE. 201, MCALLEN, TEXAS 78504].

All notices of copyright infringement claims should be sent to us at legal@mercyseat.app in the manner set out above in the section entitled Copyright Infringement.

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