These Terms of Use (“Terms”) are our terms of service that govern our relationship between You (the “User”) and Church of the Highlands concerning the Highlands Resources website located at https://resources.churchofthehighlands.com/ (“Site”). By using or accessing the Site, or any content on the Site, You agree to these Terms. These Terms supersede any prior agreements between You and Church of the Highlands with respect to the Site and its resources. Any failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the listed rights or provisions.
Please carefully read these Terms as well as the Privacy Policy that follows before You start using the Site.
Highlands Resources is owned and operated by Church of the Highlands, Inc., which we’ll refer to as “Highlands” “Highlands Resources,” “us,” or “we” throughout these Terms and the Privacy Policy.
We allow use of the Site (https://resources.churchofthehighlands.com) by registered and approved users, which we call “Members.” Members and Users are collectively referred to in this policy as “You(r).”
“Content” means all creative works and other materials accessible on the Site or made available through Church of the Highlands staff including, but not limited to “Resources” and “Courses.”
“Church” means a nonprofit 501(c)(3) organization that has the purpose of leading others to Christ.
Church of the Highlands grants You a non-exclusive, non-transferable, terminable, limited license to use the Site and the Content in accordance with these Terms and as specified below (the “License”). Church of the Highlands reserves the right to terminate all or part of Your License at any time for any reason.
VIDEO CONTENT: For Course or Resources from which You may access or download a Video file, Church of the Highlands grants You the following rights to the Video file and its content:
ADDITIONAL RESOURCES: For all other materials not labeled “Video” (referred to herein as “Additional Resources”), Church of the Highlands grants You the following license:
COURSES: For training videos, articles, posts, podcasts, and audio files found in the “Courses” section of the Site and their coordinating discussion guides and resources, Church of the Highlands grants Your Church the following rights:
The above rights may be exercised in all media and formats. All rights not expressly granted by Church of the Highlands are hereby reserved. Nothing in these Terms or the License and rights granted herein is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or any other applicable laws.
The License set forth in these Terms is subject to and limited by the following restrictions:
Notwithstanding anything to the contrary herein, Church of the Highlands reserves the right to terminate and revoke all or some of the rights granted hereunder temporarily and permanently in the event that Church of the Highlands believes, in its sole discretion, that Your use or intended use of Content or exercise or intended exercise of any rights granted hereunder is or may be inconsistent with Church of the Highlands’ message or threatens harm to its reputation or goodwill.
By using this Site, You agree that if you are contacted by Church of the Highlands about the improper use of Content that violates the terms of this License, that You and Your Church will make every effort to correct any improper use, including, but not limited to, removing Content from sites that may provide public access (ex., websites, the internet, social media, streaming platforms, Amazon marketplace, etc...).
If You choose, or are provided with, a username, password, or similar information as part of our security procedures, You agree to treat such information confidential, and agree to notify us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. We have the right to disable any username, password or other identifier, whether chosen by You or provided by us, at any time if, in our opinion, You have violated any provision of these Terms.
Here are some commitments You make relating to registering and maintaining the security of Your account:
You acknowledge, consent, and agree that we may access, preserve, and disclose Your personal account information if required to do so by law or in a good faith belief that access, preservation, or disclosure is reasonably necessary to:
All matters, disputes or claims relating to Highlands Resources, the Site, and these Terms (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms, Highlands Resources, or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama in each case located in the City of Birmingham, Jefferson County. By agreeing to these Terms and using the Site, You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
The Site and the Content are provided to You free of charge and are therefore provided on an “AS IS” BASIS WITHOUT ANY CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
You and Your Church are solely responsible for determining the appropriateness of using or redistributing the Content and assume any risks associated with use under the license set forth in these Terms. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, will Church of the Highlands or its Staff be liable to You or Your Church for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Site or its Content (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses). You and Your Church acknowledge that the Content is valuable property owned exclusively by Church of the Highlands and agree that You will not challenge or dispute Licensor’s exclusive rights in and to the Content.
Church of the Highlands may only waive its rights under these Terms in writing. If any provision of these Terms 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 these Terms will continue in full force and effect.
You agree that, except as otherwise expressly provided within these Terms, there shall be no third-party beneficiaries to this agreement.
Except where prohibited by law, in no event will we be liable to You for any direct, indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we have been advised of the possibility of such damages.
You agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and You consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in these circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
You agree to indemnify and hold Church of the Highlands, our pastors, staff, overseers, elders, directors, employees, agents, subsidiaries and affiliates (collectively “Indemnified Parties”), harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the Indemnified Parties by any third party due to or arising out of or in connection with Your use of the Site or Content AND also Your breach of this license or use of the Content.
Church of the Highlands is based in the state of Alabama in the United States. We make no claims that the Site or any of its Content is accessible or appropriate outside of the United States. Access to the Site or Content may not be legal by certain persons or in certain countries. If You access the Site from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws, and You consent to having Your personal data transferred to and processed in the United States.
All information Church of the Highlands collects on or through the Site is subject to our Privacy Policy. By using the Site, You agree to our Privacy Policy and its terms (below) and consent to having Your data transferred to and processed in the United States. We do not share Your personal data with any third-party advertisers or ad networks for their advertising purposes.
We use data that we collect about You or that You provide to us, including any personal information, as follows:
Your ability to access Highlands Resources is not contingent on You providing us with Your personal information, and You may decline to submit personal information to us, however, that may prohibit us from providing You Site access, certain Highlands Resources content, and/or functionality.
Service Use. We log usage data when You use the Site, including when You view or click on content, browser type, browser language, perform a search or request, the date and time of Your request, install an update, seek new functionality, or use one or more tools offered through Highlands Resources. We use log-ins, device information internet protocol (“IP”) addresses, and cookies and similar technologies to identify You and log Your use.
Your Communications Directly To Us. We collect information about You when You send, receive, or engage with messages with us. We retain those communications to process Your inquiries, respond to Your requests, and improve our services.
Outside Links. This Privacy Policy applies only to sites and apps that are owned and operated by Highlands Resources. Please keep in mind that the Site may contain links to other websites or apps. You are responsible for reviewing the privacy statements and policies of those other websites You choose to link to or from Highlands Resources or the Site. We are not responsible for the privacy statements, policies or content of other websites or apps, including websites You link to or from the Site.
Your Rights. For personal data that we have about You, You have the following rights:
To make these or any other requests with respect to Your personal information, You may send us an e-mail to resources@churchofthehighlands.com. We may decline to process requests if we cannot verify the requestor's identity, if we believe the change would violate any law or legal requirement or cause the information to be incorrect, or for a similar legitimate purpose. If You choose to close Your account or ask that we modify or delete some or all of Your personal information, we will retain Your personal data if reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our Terms of Use or fulfill any others requests from You (for example, to opt-out of further messages or for a copy of Your data).
If You are a California resident and have provided us with personal information, California law requires that we provide You with a summary of Your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code. As required by the Act, we will provide You with the categories of personally identifiable information that we collect through the Site and the categories of third-party persons or entities with whom such personally identifiable information may be shared for direct marketing purposes at Your request. California law requires us to inform You, at Your request, (1) the categories of personally identifiable information we collect and what third parties we share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The Act further requires us to allow You to control who we can and cannot share that information with. To obtain this information, please send a resources@churchofthehighlands.com and include the phrase “California Privacy Request” in the subject line. When contacting us, please indicate Your name, address, email address, and what personally identifiable information You do not want us to share with third parties. Please allow thirty (30) days for a response.
We implement industry-standard security safeguards designed to protect Your data. These include using encryption for Your data while it is being transmitted between Your device or browser and our servers. However, given the nature of communications and information technology, and that the use of the internet has inherent risks, although we regularly monitor for possible vulnerabilities and attack, we cannot warrant or guarantee that information provided to us through the Site or stored in our systems or otherwise will be absolutely free from unauthorized intrusion by others, nor can we warrant or guarantee that such data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
Highlands Resources is offered in and from Alabama within the United States and Your use of the Site and this Privacy Policy is governed by the laws of the United States and the State of Alabama. If You are using the Site from outside the United States, please be aware that Your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. We process data both inside and outside of the United States and rely on legally-provided mechanisms to lawfully transfer data across borders. This includes contractual commitments between us and companies transferring personal data that require the protection and security of such data. The data protection and other laws of the State of Alabama, the United States, and other countries might not be as comprehensive as those in Your country. By using the Site, You consent to Your information being transferred to our facilities and to the facilities of those third-parties with whom we share it with as described in this Privacy Policy.
We may update our Privacy Policy or the Terms of Use outlined above to reflect changes in our practices at our discretion. Any changes are effective when we post them. Your continued use of the Site following the posting of revised Terms means that You accept and agree to the changes. We will post any changes to our Privacy Policy or Terms on this page. If we make material changes to how we treat our users’ personal information, we will provide a notice that the Privacy Policy has been updated. The date the Privacy Policy and Terms were last modified is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for You, and for periodically visiting this Privacy Policy and the Terms of Use to check for any changes.
To ask questions or comment about these Terms of Use or the Privacy Policy, You may contact us via email at resources@churchofthehighlands.com.
