Terms & Conditions
Effective Date: August 1st, 2017
PLEASE READ THESE TERMS & CONDITIONS (“TERMS”) BEFORE USING THE SERVICES. THEY ARE THE RULES AND REQUIREMENTS THAT APPLY TO THE SERVICES. DO NOT PURCHASE A SUBSCRIPTION, OR REGISTER FOR AN ACCOUNT, OR USE THE SERVICES IF YOU ARE NOT IN AGREEMENT WITH THESE TERMS.
Little Pilgrims Theology, is owned and operated by Brandon Mills. By purchasing a subscription to, registering an account for, or using littlepilgrimstheology.com, including all of the services provided therein, and any other websites and applications that link to these Terms (collectively, the “Services”), you acknowledge that you have read and understand these Terms, and agree to be bound by them. Both these Terms and separate terms of service or sale documents may apply to your use of the Services or to a sweepstakes, service or product offered via the Services (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. In these Terms, “you” refers to Adult Users of the Services and purchasers of accounts. An “Adult” is a person of legal age who can enter into a contract in the state in which the user resides; by or using the Services, you represent and warrant that you are an Adult, and that you will be responsible for ensuring that any child or student authorized by you to use and access the Services does so in accordance with these Terms.
Summary of Key Points
• By purchasing a subscription to, registering an account for, or using the Services, you accept these Terms.
• We currently offer our Services for:
• Individual Accounts – through individual Accounts;
• Institutional Accounts – through School, Church, or other organizational Accounts
• Gift Account redemption codes must be redeemed by an Adult who can then set up and will be responsible for the Account. Therefore, if you purchase a Gift Account, you represent and warrant that you will only provide the redemption code to an Adult. See Section 1.
• By activating an Account, you agree that we may renew your subscription automatically for the same subscription term on the day after your previous subscription ends, and you authorize us to charge you for the subscription term, unless you cancel your Account prior to its renewal date through the procedures described in the “Subscription Cancellation” section in Section 1(C)(iii).
• YOU AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT. See Section 6(B).
• Your use of the Services is AS IS, without warranty and will result in no liability to us. See Section 7 and Section 8.
Table of Contents
1. Accounts, Passwords, and Payments
2. Services Ownership and License
3. Content You Submit
4. Services and Content Use Restrictions
5. Linking to and from Our Services
6. Governing Law, Arbitration, Injunctive Relief,
and No Class Actions
7. Disclaimer of Representations and Warranties
8. Limitations of Liability
10. Infringement Policy and Reporting Procedure
11. Wireless Features
12. Submission of Feedback
13. General Provisions
1. Accounts, Passwords, and Payments.
A. Account Types. We currently offer the following types of accounts through the Services: Individual Accounts, Institutional Accounts. Users of the Services include those who use the learning-directed portion of the Services and others (including parents and guardians of Child Users, Gift Account purchasers, teachers and school administrators, librarians, and or other institution administrators or agents).
(i) Family Accounts. A Family Account is for individual household use only.
We offer the option of purchasing pre-paid, non-refundable, non-transferable access to a Family Account as a gift (“Gift Account”). In these Terms, the person who purchases a Gift Account is the “Purchaser.” Upon purchase, the Purchaser will receive a Gift Account code that can be redeemed to activate the Account. Gift Account redemption codes must be redeemed by an Adult who can then set up and be responsible for the Account. Therefore, if you purchase a Gift Account, you represent and warrant that you will only provide the redemption code to an Adult. At the time of purchase, the Purchaser will choose the date the Gift Account is to be activated, provided that the activation date may not be more than 90 days after the date on which the Gift Account is purchased. At the time of purchase, the Purchaser will also have the option to print out the Gift Account code receipt or have the Company email it to the child’s parent or legal guardian. The Purchaser shall provide a valid email address for such parent or legal guardian. The Company is not responsible for errors or delays as a result of the email address(es) provided by the Purchaser. The Gift Account period will begin on either the date the Gift Account is redeemed or the Gift Account activation date, whichever is earlier. Discounts may be available for the purchase of multiple Gift Accounts, and all discounts or promo codes, if any, are applied at the time of payment. Gift Accounts are not redeemable or refundable for cash, subject to applicable law.
B. Passwords and Account Access. Every Account has one designated Adult User who must be at least 18 years of age. You are responsible for maintaining the confidentiality of your password and Account information. You agree a. that you will provide complete and accurate registration information about yourself and keep your Account information up-to-date, (b) that you are solely responsible for all activities that occur under your Account, (c) to notify us immediately of any unauthorized Account use, (d) that we are in no way responsible for any loss that you may incur as a result of any unauthorized use of your Account and password, and (e) that you will not sell, transfer, or assign your Account or any Account rights. If we learn that an ineligible user has created an Account, we may seek confirmation of the user’s status or deactivate the Account.
C. Account Fees. For certain types of Accounts, we may charge a fee, such as an Account fee or subscription fee. For existing subscribers, we may change your fee at any time in our sole discretion at the end of your subscription period, provided that we first notify you by email. All fees are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. We may offer promotional trial subscriptions to access the Services for free or at special discounted prices. If you sign up for a trial subscription, your rights to use the Services are limited by the terms of such trial and will terminate or renew according to the terms of your trial arrangement and/or any applicable Additional Terms. Please note that we do not provide price protection or refunds for existing subscribers in the event of a price drop or promotional offering for new subscribers.
(i) Authorization to Charge for Services. You must either use a credit card or other payment mechanism accepted by us (e.g., PayPal, Apple’s iTunes App Store) (“Pay Mechanism”) to activate and maintain a paid Account. You authorize us to charge you through the Pay Mechanism that you use when registering for an Account. You will also be responsible for charges for any products or services that you order that are offered for sale through the Services. If we do not receive payment from the Pay Mechanism you use, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment provider. Should the Pay Mechanism provided initially be declined for insufficient funds or any other reason, we reserve the right to attempt to recharge the Pay Mechanism in full or in lesser installments of the initially incurred charge for the duration of the Account subscription you selected and for up to an additional ninety days. You will not be charged more than the amount for which you purchased your Account subscription. You will be solely responsible for all overdraft fees and/or penalties that may be assessed by your payment provider. We use a third-party service provider to process payments on our behalf. You acknowledge and agree that in the event the third-party payment processor experiences a data breach that affects your information through no fault of Company, Company will in no way be responsible or liable to you for any such breach.
(ii) Subscription Renewal. By activating an Account, you agree that we may renew your subscription automatically for the same subscription term on the day after your previous subscription ends, and you authorize us to charge you for the subscription term, unless you cancel your Account prior to its renewal date through the procedures described in the “Subscription Cancellation” section below. We will charge your credit card (or the other method of payment initially used by you) each year, month, or other applicable period (depending on the term that you selected) for the then-current applicable price.
(iii) Subscription Cancellation. Unless you purchased your subscription through Apple’s iTunes App Store, to cancel your subscription and avoid future billing, you may cancel your Account prior to its renewal date emailing email@example.com with clear communication that you want to cancel your account, or by pressing any of the cancellation buttons at littlepilgrimstheology.com. If you do so, please know that we endeavor to have customer requests handled within 48 hours; however, we cannot guarantee that your cancellation will be registered within that time period. If you downloaded our app through Apple’s iTunes App Store, you must follow the cancellation instructions provided in the iTunes App Store. For all Accounts, you will continue to have access to your Account for the period of time that has already been prepaid unless a refund has been processed. If you activated a paid Account at a discounted or promotional rate, the period of time after cancellation that your Account will continue to be accessible will be calculated based on the non-promotional/non-discounted rate in effect at the time of cancellation. After you cancel your Account, we will not charge you any subscription fees after the expiration of your then-current subscription. Please note we are not obligated to provide a full or partial refund for prepaid sums. In any event, you will be able to continue to use the Services throughout the remainder of the subscription period for which you have already paid unless a refund has been processed.
2. Services Ownership and License.
A. Ownership. As between us and you, the Services (including past, present and future versions) are owned and controlled by us and their Content is protected by U.S. and international copyright, trademark, trade dress, patent, and other intellectual property rights and laws to the fullest extent possible. “Content” means all text, graphics, user interfaces, visual interfaces, photographs, videos, logos, sounds, music, artwork, and computer code displayed on or available through the Services and the design, structure, selection, coordination, expression, and arrangement of such materials including, without limitation, (i) materials and other items relating to us and our products and services, including, without limitation, all activities, printables, characters, photographs, audio clips, sounds, pictures, videos, and animation; (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including ours (collectively, “Trademarks”); and (iii) other forms of intellectual property.
B. Limited License. Subject to your strict compliance with these Terms and the Additional Terms and your payment of any applicable subscription fees, we grant you a limited, non-exclusive, revocable, non-assignable and non-transferable license (“License”) to access, display, view, use, and play the Content on a personal computer, mobile phone or other wireless device, or other Internet-enabled device (each, an “Internet Device”) for your personal, non-commercial use only (e.g., teachers may use Content from the Services for educating their students and other users’ use is limited to personal use). The License does not give you any ownership of, or any other intellectual property interest in, any Content or the Services, and you cannot otherwise use the Content or the Services without our express prior written permission. All rights not expressly granted to you are reserved by us and/or our licensors and other third parties. Except as expressly provided in these Terms or with Company’s express prior written consent, no part of the Services and no Content may be used, copied, reproduced, distributed, uploaded, posted, publicly displayed, translated, transmitted, broadcasted, sold, licensed or otherwise exploited for any purpose whatsoever. Any unauthorized use of any Content or the Services for any purpose is prohibited.
3. Content You Submit.
4. Services and Content Use Restrictions.
You agree that you will not: (i) engage in any activities, including, without limitation, the uploading, posting, emailing, or transmitting of User-Generated Content, that a. attempt to or do harm to us, the Services or any others; (b) are unlawful, false, inaccurate, misleading, offensive, obscene, lewd, violent, harassing, threatening, abusive, tortious, defamatory, invasive of another’s privacy, or are otherwise objectionable to us, in our sole discretion; or (c) violate any right of any third party, including, without limitation, the uploading, posting, emailing, or transmitting of User-Generated Content that violates another person’s intellectual property right, right of publicity, trade secret right, or other proprietary right; (ii) reverse engineer, disassemble, or modify any source or object code or any software or other products, services, or processes accessible through the Services, install any software, file, or code on the Services that is not authorized by Company, or attempt to do so; (iii) engage in any activity (other than the use of specific features of the Services, such as Site Timer or Activity Blocker) that interferes with a user’s access to the Services or the proper operation of the Services; (iv) access or collect information from the Services using automated means (such as through scripts, robots scrapers, or spiders); (v) use any meta tags or other “hidden text” utilizing any of our Trademarks; (vi) interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on the use of or access to the Services or its Content; (vii) use the Services for commercial or political purposes; (viii) disclose, harvest, or otherwise collect information, including email addresses, or other private information about any third party without that party’s express consent; or (ix) otherwise violate these Terms, or any Additional Terms, or solicit, encourage, or facilitate anyone else to do so.
5. Linking to and from Our Services.
A. Linking to or Framing Our Services. When linking to our Services, you must adhere to the following requirements: (i) the link to the Services must not damage, disparage, present false information about or tarnish the goodwill associated with any of our Trademarks, products, services and/or intellectual property; (ii) the link to the Services must not create the false appearance that your websites and/or organization is sponsored by, endorsed by, affiliated with, or associated with us; (iii) with the sole exception of authorized Library Accounts, no one may “frame” the Services or create a browser environment around any of the Content; and (iv) you may not link to the Services from a website that is unlawful, abusive, indecent, or obscene; that promotes violence or illegal acts; that contains expressions of racism; that is libelous, defamatory, scandalous, or inflammatory; or that we otherwise deem inappropriate in our sole discretion. We reserve the right to prohibit linking to the Services for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
B. Links to Other Services and Third Parties. In line with our Child Safe guarantee, which will only be available if an Adult User enters his or her password. Any interactions, transactions, and other dealings that you have with any third parties found on or through the Services (including those that are linked to from the Services) are solely between you and the third party (including issues related to payments, delivery of goods and warranties), and we disclaim all liability in connection therewith.
6. Governing Law/Jurisdiction.
A. Governing Law/Jurisdiction. THESE TERMS, AND ANY ADDITIONAL TERMS, WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES.
B. Arbitration and Dispute Resolution. If any controversy, allegation, or claim arises out of or relates to the Services or these Terms (collectively, “Dispute”), you and we agree to the following resolution process with respect to the Dispute. To most efficiently resolve any Dispute, you and we agree to first discuss the Dispute informally for at least thirty (30) days. To do so, the party who wants to raise the Dispute must first send to the other party a notice that must include (1) a description of the Dispute and (2) a proposed resolution (together, the “Dispute Notice”). If you want to raise a Dispute, you must send your Dispute Notice by email to firstname.lastname@example.org. If we would like to subsequently discuss your Dispute Notice with you, we will contact you by using contact information included with your Dispute Notice. If we want to raise a Dispute, we will send our Dispute Notice to you at the email address we have on file for you. If we do not have a valid email address on file for you, we will send our Dispute Notice to you through a means that complies with the service of process rules in the state of Texas.
If you and Company do not reach an agreed-upon resolution within 30 days of receipt of the Dispute Notice, you and Company agree that the Dispute will be resolved solely by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration will be heard and determined by a single neutral arbitrator who is a lawyer or retired judge, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. In resolving the Dispute, the arbitrator will consider applicable law, the provisions of these Terms and any Additional Terms, and any facts based upon the record and no other basis, and will issue a reasoned decision. If a party properly submits the Dispute to the AAA for arbitration and the AAA is unwilling or unable to set a hearing date within sixty (60) days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) and determined by a single neutral arbitrator who is a lawyer or retired judge, using JAMS’ Streamlined Arbitration Rules and Procedures, or by any other arbitration administration service to which you and we consent. You can obtain AAA and JAMS procedures, rules, and fee information as follows:
AAA: 800.778.7879 JAMS: 800.352.5267
(i) Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration, as with a court, the arbitrator will resolve the submitted Dispute and can issue a decision consistent with this Section 6. However, WITH ARBITRATION, THERE IS NO JUDGE OR JURY; THE ARBITRATION PROCEEDINGS AND ARBITRATION ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES; AND JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules, but if applicable arbitration rules or laws require us to pay a greater portion or all of such fees and costs in order for this Section 6 to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered into any court that has jurisdiction over the parties.
(ii) Small Claims Matters Are Excluded. Either of us may bring a qualifying claim of Disputes in small claims court.
C. Injunctive Relief. The foregoing provisions of this Section 6 will not apply to any legal action taken by either party to seek an injunction or other equitable relief in conjunction with any intellectual property claim or claim related to unauthorized access to data through the Services (including, but not limited to, claims related to patent, copyright, trademark, and trade secrets, and claims relating to the access or retrieval of data through the Services using an automated process such as scraping).
D. Timing of Claim. To help resolve any issues between you and us promptly and directly, you and Company agree that any Dispute Notice must be sent, or that any small claims or injunctive relief complaint permitted under this Section 6 must be filed, within one year after the events giving rise to the Dispute arise; otherwise, the Dispute is waived.
E. No Class Actions. You and Company agree that any Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party.
7. Disclaimer of Representations and Warranties.
YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK.
THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, we and our parent, affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Company Parties”), hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
• The Services (including the Content and the User-Generated Content);
• The functions, features, or any other elements on, or made accessible through, the Services;
• Any products, services, or instructions offered or referenced at or linked through the Services;
• Whether the Services (and their Content), or the servers that make the Services available, are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Internet Device);
• The specific availability of the Services, and whether any defects in the Services will be repaired, or will be repaired in a particular time frame; and
• Whether your use of the Services is lawful in any particular jurisdiction.
EXCEPTING ONLY AS MAY BE SPECIFICALLY SET FORTH IN ANY ADDITIONAL TERMS, THE COMPANY PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM ERRORS, COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to the extent that such jurisdictions’ laws are applicable.
8. Limitations of Liability.
UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
• The Services (including the Content and the User-Generated Content);
• Your use of or inability to use the Services, or the performance of the Services;
• The failure of a user to learn or otherwise benefit educationally from their use of the Services;
• Any action taken in connection with an investigation by Company Parties or law enforcement authorities regarding your access to or use of the Services;
• Any action taken in connection with copyright or other intellectual property owners or other rights owners;
• Any errors or omissions in the Services’ technical operation; or
• Any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, inaccuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Company Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, force majeure, telecommunications failure, or destruction of the Services).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY PARTIES’ TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS EXCEED THE AMOUNT PAID BY YOU TO US DURING THE PREVIOUS TWELVE MONTHS FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION.
To the maximum extent allowed by law, you agree to indemnify, defend and hold harmless the Company Parties from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: a. your breach or alleged breach of these Terms; (b) your use of the Services or activities in connection with the Services; (c) your User-Generated Content; (d) your violation of any law, rule or regulation; or (e) your violation of any third party rights. The Company Parties reserve the right to assume, at their sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Company Parties in asserting any available defenses. You will not, in any event, settle any claim without our prior written consent. If any child you authorize to use or access the Services disaffirms any or all of these Terms, you agree to defend, indemnify and hold us harmless for any damages we suffer by the child’s disaffirmance.
10. Infringement Policy and Reporting Procedure.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), you may email us at email@example.com if you believe that your material has been posted on, or distributed via, the Services in a way that constitutes copyright infringement, please provide the following information to Company as required by the DMCA: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (the “complaining party”); (ii) identification of the copyright work(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party (name, address, telephone number, and email address) has 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; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The DMCA provides that a person who knowingly materially misrepresents that material or an activity is infringing may be subject to liability. We may send the information in the notice from the complaining party to the person who provided the allegedly infringing material.
11. Wireless Features.
A. Wireless Features. The Services may offer certain features and services that are available to you via your wireless Internet Device (collectively, “Wireless Features”). Your carrier may charge standard messaging, data, and other fees, which may appear on your wireless bill or be deducted from your prepaid balance. Your carrier may prohibit or restrict certain Wireless Features, and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless Internet Device regarding us or other parties. If you have registered via the Services for Wireless Features, then you agree to notify us of any changes to your wireless number (including phone number) and update your Account to reflect the changes.
12. Submission of Feedback.
Under certain circumstances, we might ask Adult Users for feedback or ideas as to their experiences with our Services. If you choose to provide us with feedback, you acknowledge and agree (i) that you have no expectation of review, compensation, or consideration of any type for any such feedback or ideas, and (ii) we will be free to use and exploit such feedback or ideas in our discretion and without compensation or obligation to you.
13. General Provisions.
A. Termination and Suspension. We reserve the right to discontinue the Services or suspend or terminate your access to it, including any Accounts or User-Generated Content submitted by you, at any time, without notice, for any reason and without any obligation to you or any third party. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, or otherwise violates these Terms, then we may suspend or terminate your Account or deny you access to all or part of the Services. Any suspension or termination will not affect your obligations to us, including any payment obligations to us, and you will not be entitled to a refund of any payments. Upon suspension or termination of your access to the Services, or upon notice from us, your License to use the Services will terminate immediately.
B. Communications. When you communicate with us electronically, such as via a Services communication tool, you consent to receive communications from us electronically. Please note that we will do our best to respond to your inquiry, but it may take us some time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
C. Operation of Services; International Issues. We control and operate the Services from our headquarters in Texas, U.S.A. If you use the Services from other locations, you are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply (e.g., any local education regulatory or data privacy laws). You and we disclaim any application of the Convention on Contracts for the International Sale of Goods.
D. Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason deemed unenforceable by a court or arbitrator, you agree that every attempt will be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement will continue in full force and effect. You agree that these Terms, and Additional Terms, will not be construed against us because we drafted them.
E. Assignment. We may assign our rights and obligations under these Terms, or any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms, and any Additional Terms, may not be assigned by you, and you may not delegate your duties under them.
F. No Waiver. No waiver by us of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Age of Learning, Inc.
G. Updates to Terms. We reserve the right to modify these Terms, or any Additional Terms, from time to time in our sole discretion (“Updated Terms”). You agree that any Updated Terms will be effective immediately upon our posting them on the Services and, if you have an Account, either by displaying an alert next to the link to the Terms, displaying an alert upon log-in to the Services, or by directly communicating them to you (e.g., via the email address associated with your Account), provided that (i) any modification to Section 6 related to dispute resolution shall not apply to any Dispute initiated prior to the applicable modification, and (ii) any modification to provisions related to fees and billing shall not apply to fees incurred prior to the applicable
H. Contact Us. If you have any questions or concerns with respect to these Terms or the Services, you may contact us at firstname.lastname@example.org.
If you do not cancel your Account within 7 days after receiving notice of Updated Terms as described above, or if you continue to use the Services after receiving notice of Updated Terms, you agree to comply with, and be bound by, the Updated Terms.
1. Child Safe Guarantee
The Services are backed by our Child Safe guarantee. This means that Accounts will never include any pop-up ads or other advertisements directed at children.
2. Types of Accounts and Users
How we collect, use, and disclose information depends on the type of account and the type of user.
We currently offer the following types of accounts through the Services: Individual account and Institutional Account per the Terms & Conditions above.
Users of the Services include “Users” (who use the learning portion of the Services and who includes parents and guardians of Child Users, gift account purchasers, teachers, librarians, and community center administrators, or institutional employees and/or volunteers or associates).
3. Content You Submit.
A. Information Users Provide to Us We and our third-party service providers collect any information that Users provide when using the Services, including when Adult Users create an account or contact us with a question, comment, or request, and when Users participate in learning activities.
Adult Users Adult Users are asked to provide certain information about themselves when registering for any LittlePilgrimsTheology Account, including first and last name, email address, and physical address. The other information provided at registration depends on the type of Account or Adult User. For example:
• Payment card information is collected from Adult Users who purchase an Account, including those who purchase a gift account for others.
• Parent or legal guardian email address is collected when the Adult User purchasing a Family Account or setting up a Personal Library Account or Library Home Checkout Account states that they are not the legal guardian, or if a teacher or institution center administrator provides such addresses
• Church, school, library, other institution, or community center name and address are collected from Adult Users who register for a Teacher, Librarian, or Community Center Account, or associated agent
In addition, Adult Users can choose to provide us with information through a password-protected section of the Services that allows Adult Users to administer their accounts, accessible via the Menu on the Services, including when they, provide testimonials, seek customer support, or submit comments or questions.
B. Information We Collect from Users We and our third-party service providers collect information directly from users of the Services in the form of the actions they take and activities they complete when using the Services. For example, from Users, we may collect information about patterns of usage, order history, and participation in promotions or contests; and from Users, we may collect information about patterns of usage, which activities are commenced and completed, when a User starts and stops an activity, which areas of the Services the User frequents, the number of questions answered correctly or incorrectly, and more analytical metrics.
We and our third-party service providers also use a variety of technologies, such as cookies (small text files that the Services save on your computer or mobile device), to automatically collect certain technical information from your computer or mobile device over time and across different websites including when you use the Services, such as your browser type, operating system, device type, the page served, your IP address, and the websites you visited prior to visiting the Services. When you download and use one of our Apps, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.
We and our third-party service providers may use the information collected through these technical methods for a number of purposes, including delivering content, tracking and enhancing our users’ experience on the Services, and delivering advertising to visitors of littlepilgrimstheology.com when they visit other websites and applications. For example, when you return to the Services after logging in, cookies help the Services recognize who you are without having to log back in. For more information, see “How We Use This Information,” below. The information collected through these technical methods on the learning-directed portions of the Services are used only to support the internal operations of the Services.
4. How We Use Information
We and our third-party service providers may use the information collected from Users as follows:
A. User Information Information collected from Adult Users may be used:
• To permit you to register and use the Services, including, for example, to send you communications about User progress or your Account, or to potentially allow you to make use of social media sharing.
• To complete and fulfill your purchase, such as to process your payments, communicate with you regarding your purchase, and provide you with related customer service.
• To respond to your inquiries and fulfill your requests, such as to send you newsletters, retrieve your password, or provide technical support.
• To send you marketing communications that we believe may be of interest to you. While it is never our intention to send any marketing messages to children, if you believe a User may have received such a marketing communication, please contact us as described in Section 12 (“Contact Us”), below. You may always choose to stop receiving these marketing messages simply by following the instructions contained in the message. You may not opt out of receiving administrative messages from us regarding your Account.
• To deliver interest-based advertising to you based on your visits to the Services (such as littlepilgrimstheology.com), including littepilgrimstheology—branded advertising, when you visit third-party websites and applications.
• To measure the effectiveness of our advertising to adults.
• To allow you to participate in sweepstakes, contests, and similar promotions and to administer these activities. Some of these have rules that could contain additional details about how we use and disclose your information.
• To measure a User’s performance in activities and to adapt a User’s learning experience to the User’s learning needs.
• To analyze, provide progress reports on, or provide an assessment of a User’s performance.
• To allow us to assess and improve the Services, its educational content, and other services we provide, for example, to improve our content and user experience; to research, evaluate, and improve the Services’ educational efficacy; and to inform our understanding of the Services’ user base.
• To customize, adapt, and personalize users’ viewing and content-consumption experience, for example by measuring a User’s performance in activities and adapting the User’s learning path to his or her learning needs.
• To maintain and analyze the functioning of the Services.
• As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to detect violations of and enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates, including the security of the Services; (f) to protect our rights, privacy, safety, or property, or that of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
5. When We Disclose Information to Third Parties
Information collected from both Users may be disclosed as follows:
• The Services may occasionally hold promotional events or similar activities where Users may create and submit content. Upon submission, we will review this content and may publish it along with the User’s first name on a page that may be viewed by other littlepilgrimstheology users.
In addition, we may use third-party advertising networks to collect cookie information about Users’ visits to the non-child-directed portions of the Services and to (1) deliver interest-based advertising to those Adult Users, including LittlePilgrimsTheology-branded advertising, when those Adult Users visit third-party websites, and (2) provide us with statistics about the effectiveness of our advertising on third-party websites. These third-party advertising networks may use this cookie information in accordance with their own privacy policies.
We also may disclose de-identified and/or aggregated User information for any other purpose—for example, the distribution of de-identified user records to outside researchers or the distribution of reports containing aggregate user demographic and traffic patterns—provided that no individual User or any specific end user device can be readily identified.
6. How to Access, Change, or Delete Account Information
An Adult User can review or change the information they provided when registering for the Services, including by adding or removing details of the Account, by updating information under settings on the menu. In addition, at any time, Users may contact us as described in Section 12 (“Contact Us”) below to request that we provide for their review, or delete from our records, any personally identifiable information they have provided about Users associated with their Account, or to cease collecting personally identifiable information from those Users, as applicable. Please keep in mind that a request to delete personally identifiable information may lead to cancellation of your Account. When we change or delete any personally identifiable information at your request, we will make good faith efforts to make the changes in our then active databases as soon as reasonably practicable. Changing setting options may not result in immediate changes to the settings, which are subject to our operations and maintenance schedules.
7. Account Cancellation and Reactivation; Data Deletion
At any time, Users may cancel their Accounts by emailing email@example.com. Contact us as described in Section 12 (“Contact Us”) below to cancel such Accounts.
For Individual Accounts that have been canceled, and Institutional Accounts, we provide no guarantee, and shall have no liability or obligation to ensure, that all Account Information and Services related progress will be available or accessible or all learning or personalization features will be able to be recovered or resumed.
Please note that canceling an Individual Account or Institutional Account will result in the loss of data. If an Individual Account or Institutional Account is not canceled, we reserve the right to delete all Account Information on the Account as we determine.
Upon Account cancellation, User information may nonetheless persist internally in our databases, and may still be used, for our internal support, administrative, and record-keeping purposes including, but not limited to, allowing us to improve the Services and other services we provide through research, evaluation, and analytics.
8. Links to Other Services
These websites and applications are governed by their own privacy policies or information collection practices, which may be substantially different from ours. We encourage you to review the privacy policies and information collection practices of those linked websites and apps, as those parties’ practices are not subject to this policy.
9. Location of Information Processing
The Services are controlled and operated by us from the United States. Your information may be stored and processed in any country where we have facilities or in which we engage service providers, including the United States, which may have data protection laws that are different from those of your country. In addition, your information may be subject to access requests from governments, courts, or law enforcement officials in countries where it may be processed, under the laws of those countries.
The security of your personal information is important to us, and we employ physical, technical, and administrative security measures to safeguard the information collected by the Services. Please be aware, however, that no information system can be guaranteed to be 100% secure, so we cannot guarantee the absolute security of your information. Moreover, we are not responsible for the security of information you transmit to the Services over networks that we do not control, including the Internet and wireless networks. If you have reason to believe that your interaction with us is not secure, please contact us as described in Section 12 (“Contact Us”) below.
12. Contact Us