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Terms of Service
Welcome to A&M Resources! By using our website, courses, and services, you will be able to use our intellectual property and technology for your benefit. We have the right to control what you may do with our property and may limit your use of this website, courses, and services. These (“Terms of Service” or “Terms”) will hold both you and us accountable to our respective rights and responsibilities defined herein. By using our Services (defined below), it is implied that you have read and agree to these Terms. For this reason, is important that you carefully and completely read all of these Terms before you use our Services.
You may not use the Services if you are younger than 13 years old without the written consent of your parent or legal guardian.
Certain features of the Services may be subject to more terms, which will be posted in connection with such features. Those added terms are part of these Terms of Use and are legally binding as if written herein.
These Terms require the use of arbitration on an individual basis to resolve disputes, AND DO NOT PERMIT jury trials or class actions. These terms also LIMIT your remedies in the event of a dispute.
What definitions apply to the Terms of Use?
“FERPA” means the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. § 1232g; 34 CFR Part 99) and similar laws that control the disclosure of student information.
“A&M Resources” means Abstinence & Marriage Education Resources Inc. and its subsidiaries and Affiliates. An “Affiliate” of A&M Resources is an entity that controls A&M Resources, is controlled by A&M Resources, or is under common control with A&M Resources. “Control” means the direct or indirect possession of the power to direct or cause the direction of the management policies of an entity.
“Sensitive Information” means (1) personally identifiable information as defined in FERPA; (2) educational records, as defined in FERPA; (3) pupil records as defined in the California Education Code section 49073.1 and similar laws; and (4) covered information as defined in Student Data Privacy Laws.
“Services” means A&M Resources’ Sites, software, products, mobile applications, and services.
“Sites” means A&M Resources’ websites, which include: successsequence.com, amresources.org.
“Student Data Privacy Laws” means laws that specifically protect the use and disclosure of electronic students records and information coming from those records.
“User Content” means all information and content (including text, photos, images, sound, video and any other materials) that a user submits to the Services.
What Services Does A&M Resources provide?
Through its services, A&M Resources provides courses, lessons, evaluations, training, and communication tools. The Services include communications from A&M Resources such as service announcements, administrative messages, and other messages. We may change, add or delete features of the Services from time to time. These Terms apply to all changes and additions.
What Requirements and Responsibilities Apply to Creating an Account?
Registration. To use most of the Services, you must register for an account (“Account”) and provide information about yourself and/or your child. You must always provide true, complete and updated information for the Account. You also must be over the age of 13 to create your account without parental consent. You may delete your Account at any time by following the instructions on the Site. If you are creating an account for a student, you are certifying that you are the parent or legal guardian of the child listed on the Account. As the parent or legal guardian, it is your responsibility to decide whether the Services are appropriate for your child.
Account Responsibilities. Keep your password private. You are responsible for the activity that happens on or through your Account. Do not use your Account password on other sites or applications. You must immediately tell A&M Resources of any unauthorized use, or suspected unauthorized use of your Account or any other failure of security.
What Requirements and Restrictions Apply to Your Use of the Services?
How You Use the Services. We give you a non-transferable, limited license to use and access the Services only for your own personal use. This license may be taken away at any time. You do not have the rights to:
- Change or use our content for other purposes;
- Communicate or publish our content to a third-party, including the public, people you know, or other businesses and entities;
- Record, photograph or stream our content;
- Post our content on a website or social media platform;
- Sell out content; or
- otherwise violate our intellectual property rights, including using our content to develop another product or service.
Ownership. Except for User Content, all content in the Services, including text, graphics, data, photographic images, moving images, sound, drawings, and software is either owned by A&M Resources or licensed by A&M Resources from third-parties. All content in the Services is protected by copyright, trademark, patent and other laws relating to the protection of intellectual property. You do not own any other user’s content.
Access. You are responsible for gaining access to the Service through your Account.
What Are My Responsibilities as a Parent or Legal Guardian?
As the parent or legal guardian of the student, you are responsible for ensuring that the student has access to the Internet. You agree to properly log the student’s true attendance, participate in parent/student meetings, and keep in good condition equipment and other materials given by A&M Resources or the student’s school. You understand that computers or hardware made available to students may contain filtering software to restrict access to objectionable Internet sites. However, A&M Resources is not responsible for the effectiveness of that software
What Requirements Apply to Users Under the Age of 13?
The Children’s Online Privacy Protection Act (“COPPA”) requires A&M Resources to have parental permission before knowingly collecting Sensitive Information from children under 13 years old. A&M Resources does not knowingly collect or ask for any Sensitive Information from children under 13 except directly from a child’s parent or guardian or through the child’s use of the Services as a student in a school using the A&M Resources Services. If we learn that we have collected Sensitive Information from a person under 13 that does not comply with COPPA, we will delete that information. If you believe that a child under the age of 13 has given Sensitive Information to us without complying with COPPA, please contact us at miki@amresources.org.
What Are A&M Resources’ Rights Regarding Service Modifications and Support?
Service Modification. At any time, we may change, suspend, add to or discontinue some or all of the Services with or without letting you know. A&M Resources is not liable for any changes, suspension, added or discontinuation of any of the Services.
No Support or Maintenance. A&M Resources has no duty to provide any support or maintenance about the Services. This limitation does not apply to any support or maintenance that the school in which your student has enrolled has specifically contracted with A&M Resources to provide.
What Requirements Apply to User Content?
User Content. You are responsible for your User Content. You need to make sure that it has not been copied or changed by somebody else without your permission. If you use the Services in a way that breaches these Terms, we may contact the authorities – such as the Police or Social Services. You agree not to post any User Content that violates your school’s policies.
Code of Conduct. You may not represent or suggest that your User Content is given, sponsored or endorsed by A&M Resources. We do not have a duty to backup any User Content unless we must do so by law. Therefore, your User Content may be deleted at any time without letting you know.
We May Use Your Feedback. We welcome your feedback, ideas or suggestions (“Feedback”) about our Services! We may use your Feedback without any restriction or duty to you, even after you stop using the Services, unless the Feedback is protected by FERPA or any Student Data Privacy Laws.
How We Use User Content. Your User Content is owned by you. These Terms do not give us any rights to your User Content, except as explicitly stated. When you provide your User Content to us through our Services, you give us (and those we work with) a worldwide license to use, host, store, reproduce, change, publish, perform, display and distribute that content. The rights you grant to us are for the limited purpose of operating, promoting, protecting and improving our Services, and to develop new ones. To the extent we need to do so for those purposes, we may provide User Content to other entities; however, we will require those entities to use the User Content obeying the same restrictions that we have to do so. This license continues even if you stop using our Services. However, the rights given to us to your User Content are given only to the extent they are consistent with FERPA and Student Data Privacy Laws.
Enforcement. We may, but do not have to, review User Content, and investigate and/or act against you in our sole determination if you violate the Acceptable Use Policy below or your school’s student code of conduct or any other provision of these Terms or otherwise create liability for us or any person. Such action may include removing or changing your User Content, deleting or suspending your Account, reporting you to your school for violations of the school’s code of conduct and/or reporting you to police or other authorities.
What is A&M Resources’ Acceptable Use Policy?
We expect you to behave responsibly. Below is a non-exhaustive list of prohibited behavior:
- Abusing or Disrupting the Services
1.1. Do not probe, scan, or test the weaknesses of any system or network;
1.2. Do not breach or otherwise bypass any security or authentication measures;
1.3. Do not access, tamper with, or use nonpublic areas of the Services, or areas of the Services to which you have not been invited;
1.4. Do not interfere with or disrupt any user, host or network, for example, by distributing harmful programs or apps or overloading, flooding, or mail-bombing any part of the Services;
1.5. Do not take apart, decompile, or reverse engineer any part of the Services;
1.6. Do not access, search or create accounts for the Services by any means other than our publicly supported interfaces (for example, do not scrape, spider or crawl);
1.7. Do not take any action that creates an unreasonable (as determined by us) load on systems or the systems of our providers;
1.8. Do not provide your password to any other person, use any other person’s username and password, or otherwise manage the Services through shared credentials; and
1.9. Do not upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software meant to damage or change a computer system or data.
- Stealing
2.1. Do not sell or attempt to sell the Services. Do not use the Services on any network or system other than those we provide to you or to your school.
- Infringing, Misappropriating and Violating Rights
3.1. Do not infringe or misappropriate anyone’s copyright, trademark, trade secret, patent or other intellectual property rights;
3.2. Do not violate anyone’s privacy or publicity rights; and
3.3. Do not harvest, collect, gather or put together information or data related to other users, including e-mail addresses, without their permission.
- Breaking the Law
4.1. Do not do anything that otherwise violates the law, including all local laws about online conduct and acceptable content; and
4.2. Do not provide material, support, or resources to any organization named by the United States government as a foreign terrorist organization.
What Privacy Rights Apply to the Services?
Please review our Privacy Policy for a description of A&M Resources’ privacy practices and obligations.
What Should I Do If I Have a Disability and am Concerned About the Accessibility of the Services?
A&M Resources is committed to making sure that the Services remain accessible to all people, regardless of disability. Parents and legal guardians of students in schools should contact their school about possible accommodations and related services.
What Are My Indemnification Obligations to A&M Resources?
You agree that you will be responsible for all costs for which A&M Resources and its employees, officers, and directors are responsible because of any action, liability, loss and damage (including legal fees) related to: (a) your breach of these Terms; (b) your User Content; (c) your violation of the rights of any third party; or (d) your use of the Services.
How is A&M Resources’ Potential Liability to Me Limited?
DISCLAIMERS. The Services are provided to you “as is”, without warranties, either express, implied or by law. A&M Resources disclaims any warranties to you of merchantability, fitness for a particular purpose, accuracy and non-infringement. A&M Resources does not promise to you that the Services will: (a) be timely, uninterrupted, secure or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components. If applicable law requires any warranties with respect to the Services, those warranties are limited in duration to sixty days from the date of first use. These disclaimers are limited where applicable by the state law where you reside.
LIMITATION ON LIABILITY. A&M Resources and its providers are not liable for anything related to the Services or these Terms for: (a) any direct, indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use the Services or any part of the Services; (d) any damages related to loss or corruption of any content or data, including User Content; (e) any User Content or other conduct or content of any user or third party using the Services; or (f) any third party sites accessed via the Services. These limits apply whether or not A&M Resources has been informed of the possibility of such damage. This limitation of liability is limited where applicable by the state law where you reside.
What Happens When My Account is Terminated?
These Terms are in full force and effect while you continue to use the Services. We may suspend or end your rights to use the Services (including your Account) at any time for any reason at our sole discretion. If that happens, your right to access your Account and use the Services will end immediately. A&M Resources is not responsible to you for any termination of your rights under these Terms.
What Should I Do If I Have Concerns About Copyrights or Intellectual Property?
A&M Resources respects the intellectual property of others and asks that users of our Services do the same. If you believe that one of our users is using the Services to violate one of our copyrights, please review A&M Resources’ please contact us at miki@amresources.org.
What Rights and Obligations Apply Related to Linking to Third Party Sites?
Sometimes the Services link to other third-party services, applications and websites (collectively, “Third-Party Services”). The Third-Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We do not control Third-Party Services, and we are not liable for Third-Party Services. Except for Third-Party Services that are included in courses, A&M Resources provides access to them only as a convenience to you and does not review or make any representations with respect to Third-Party Services.
What Laws Apply and How Are Disputes Resolved?
Governing Law and Location for Solving Disputes. All disputes related to these Terms or to the use of the Services are governed by the laws of the State of Tennessee and any applicable Federal law. A&M Resources’ Services will specifically comply with Tenn. Code Ann. § 49-6-1301 et seq, titled Family Life Curriculum.
Informal Dispute Resolution. Before filing a claim against A&M Resources, you agree to try to resolve the dispute by first emailing [ADR person] with a description of your claim. We will try to resolve the dispute informally by following up via email, phone, or other methods. If we cannot resolve the dispute within 30 days of our receipt of your first email, you or A&M Resources may then bring a formal proceeding as described below.
Binding Arbitration. Please read this Arbitration Agreement carefully. It is part of your contract with A&M Resources and affects your rights. Any dispute or claim relating in any way to these Terms (including to the validity and enforceability of the Terms) or the Services will be solved by binding and confidential arbitration, rather than a court of law. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages). We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
What Other Provisions Apply?
California Disclosure. A&M Resources is located at [address]. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and A&M Resources by electronic means, includes communications through the Site or Services, emails, or A&M Resources posts on the Site. For contractual purposes, you (a) agree to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.
Entire Terms/Waivers/Third-Parties. These Terms are the entire agreement between you and us regarding the use of the Services. Any exception of any of these Terms is only valid if it is in writing and signed by an authorized agent of A&M Resources. These Terms are between you and A&M Resources. No other person or entity has any rights to enforce any of the Terms.
Severability. If any provision of these Terms is unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
Assignment. You may not transfer any of your rights and obligations under these Terms, and any attempt to do so is void. We may transfer our rights under these Terms to any of our affiliates or subsidiaries, or to any successor in interest of any business connected with the Services.
Copyright/Trademark Information. Copyright © 2020 A&M RESOURCES, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed in the Services are our property or the property of other third parties under a license with us. You are not permitted to use these Marks without our prior written permission or the prior written permission of the third party that owns the Marks.
Modifications. We may change these Terms and will always post the most current version on our Site. Please check back on a regular basis. By continuing to use or access the Services after any changes come into effect, you agree to be bound by the changed terms. If you disagree with our changes, do not continue to use the Services.