ReligionAndPublicLife.org is a membership-based social learning community that is owned and maintained by 1791 Delegates (“Company”), a not-for-profit organization registered based in Philadelphia, Pennsylvania, United States. 1791 Delegates is solely and independently responsible for its own Terms & Conditions and Privacy practices. These Terms & Conditions sets out the framework as to how, when and why 1791 Delegates govern your use of ReligionAndPublicLife.org, its subdomains, apps, and other Products and Services (“Services”). As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully, and contact firstname.lastname@example.org if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.
These terms include an arbitration agreement and class action waiver that apply to all claims brought against Company. Please read them carefully as they affect your legal rights.
1. Using Services
Who May Use our Services
You may use our Services only if you can form a binding contract with Company, and only in compliance with these Terms and all applicable laws. When you create your Company account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 requires a legal guardian’s consent to use the service, and certain regions and Content Offerings may have additional requirements and/or restrictions.
Our License to You
Subject to these Terms and our Policies, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain our written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account unless expressly permitted by Company, and you will not share access to your account or access information for your account with any third party. Using our Services does not give you ownership of or any intellectual property rights in our Services or the content you access.
2. Content Offerings
Changes to Content Offerings
ReligionAndPublicLife.org has full and final editorial control over all content. In its executive editorial capacity, Company publishes courses and content (“Content Offerings”) created by individuals as well as academic, research, and cultural institutions and other providers (“Content Providers”). While we seek to provide expert Content Offerings from our Content Providers, unexpected events do occur. As executive editors of all Content, Company reserves the right to cancel, interrupt, reschedule, edit, modify any Content Offerings for any reason. Company reserves the right to change the point value or weight of any assignment, quiz, or other assessment, either solely, or in accordance with Content Provider instructions.
No Academic Credit
Unless otherwise explicitly indicated to you by a credit-granting institution, participation in or completion of Content Offerings does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. You agree not to accept credit for completing a Content Offering unless you have earned a course certificate or other equivalent documentation of your completion of the Content Offering. Company, its faculty and staff, and the associated Content Providers have no obligation to have Content Offerings recognized by any educational institution or accreditation organization.
Disclaimer of Student-Content Provider Relationship
Except as described in the Certificate Programs section below, nothing in these Terms or otherwise with respect to your participation in any Content Offerings by Content Providers : (a) establishes any relationship between you and any Content Provider; (b) enrolls or registers you in any Content Provider institution, or in any Content Offering offered by any Content Provider institution; or (c) entitles you to use the resources of any Content Provider institution beyond participation in the Content Offering.
3. Your Content
The Services enable you to share your content, such as homework, quizzes, exams, projects, other assignments you submit, posts you make in the forums, and the like (“User Content”), with Company, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you create and share. User Content does not include course content or other materials made available on or placed on to the ReligionAndPublicLife.org by or on behalf of Content Providers or their instructors using the Services or Content Offerings. As between Company and Content Providers, such Content Offerings are governed by the relevant agreements in place between Company and Content Providers.
How Company and Others May Use Your Content
To the extent that you provide User Content, you grant Company a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting Company the right to authorize Content Providers to use User Content with their registered students, on-campus learners, or other learners independent of the Services. Nothing in these Terms shall restrict other legal rights Company may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or other policies including our Acceptable Use Policy and Code of Conduct.
We welcome your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback to email@example.com, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Company does not waive any rights to use similar or related Feedback previously known to Company, developed by our employees, contractors, or obtained from other sources.
We care about the security of our users. While we work to protect the security of your account and related information, Company cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing firstname.lastname@example.org.
5. Third Party Content
Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Company cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Company disclaims any responsibility or liability related to your access or use of, or inability to access or use, such third party content.
6. Copyright and Trademark
ReligionAndPublicLife.org respects the intellectual property rights of our users, Content Providers, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the Company Copyright and Trademark Policy below in accordance with applicable law, including the Digital Millennium Copyright Act.
7. Education Research
ReligionAndPublicLife.org is committed to advancing the science of learning and teaching, and records of your participation in courses may be used for education research. In the interest of this research, you may be exposed to variations in the Content Offerings. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.
8. Paid Services from Company
ReligionAndPublicLife.org offers paid Services (e.g., event tickets, constellation services, course certificates for certain courses) for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees charged by or for Company and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Company reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy below.
9. Certificate Programs
The Services may allow you to enroll in non-degree certificate programs, courses, or conferences, and events offered by our Content Providers on the Company platform. Our Content Providers serve as the distance education providers of these programs and determine admissions, refunds, and completion policies and requirements. Nothing in these Terms shall restrict the applicability to you of any institutional policies established by our Content Provider in connection with these programs (e.g., student codes of conduct); such policies shall supplement these Terms and to the extent there is a conflict between such policies and these Terms, as between you and our Content Provider, our Content Provider’s policies shall govern.
10. Modifying or Terminating our Services
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop part of our Services altogether. Accordingly, Company may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. None of Company, its Content Providers and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the “Company Parties”) shall have any liability to you for any such action. You have the right to choose not to use our Services at any time.
The services and all included content are provided on an “as is” basis without warranty of any kind, whether expressed or implied. The Company parties specifically disclaim any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. The ReligonAndPublicLife.org parties further disclaim any and all liability related to your access or use of the services or any related content. You acknowledge and agree that any access to or use of the services or such content is at your own risk.
12. Limitation of Liability
You agree to indemnify, defend, and hold harmless the Company Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
14. Governing Law and Venue
The Services are managed by Company, which is located in Philadelphia, Pennsylvania, USA. You agree that any dispute related to these Terms will be governed by the laws of the Commonwealth of Pennsylvania, excluding its conflicts of law provisions. In the event of any dispute related to these Terms that is not subject to binding arbitration, you and Company will submit to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Philadelphia County, Pennsylvania as the legal forum for any such dispute.
15. Binding Arbitration and Class Action Waiver
You and Company agree to submit to binding arbitration any and all disputes, claims, or controversies of any kind, whether based on statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to our Services, these Terms, and/or any other relationship or dispute between you and us, including without limitation (i) the scope, applicability, or enforceability of these Terms and/or this arbitration provision, and (ii) relationships with third parties who are not parties to these Terms or this arbitration provision to the fullest extent permitted by applicable law (each a “Claim,” and collectively the “Claims”).
Any and all Claims shall be submitted for binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association (the “AAA Rules”), as amended, in effect at the time arbitration is initiated. The AAA Rules are available online at www.adr.org or by calling (800) 778-7879, and are hereby incorporated by reference. In the event of any inconsistency between this arbitration provision and the AAA Rules, such inconsistency shall be resolved in favor of this provision. If you decide to initiate arbitration, you agree to pay the initiation fee of $200 (or the amount otherwise required by the AAA Rules), and we agree to pay the remaining arbitration initiation fee and any additional deposit required by AAA to initiate your arbitration. We will pay the costs of the arbitration proceeding, including the arbitrator’s fees; however, other fees, such as attorney’s fees and expenses of travel to the arbitration, shall be paid in accordance with the AAA Rules and applicable law. We will pay all costs associated with any arbitration that we commence. A single, neutral arbitrator selected in accordance with the AAA Rules shall decide all Claims.
The arbitrator shall be an active member in good standing of the bar for any state in the continental United States and shall be either actively engaged in the practice of law for at least five years or a retired judge. The arbitrator shall honor claims of privilege recognized at law. Unless inconsistent with applicable law, and except as otherwise provided herein, each party shall bear the expense of its respective attorney, expert, and witness fees, regardless of which party prevails in the arbitration. Any arbitration proceedings shall be conducted in the federal judicial district of the corporate headquarters of Company in Philadelphia, Pennsylvania, and you will be given the opportunity to attend the proceeding and be heard. The arbitrator’s decision will be final and binding upon the parties and may be enforced in any federal or state court that has jurisdiction. You and we agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of governmental agencies.
Neither you nor Company may act as a class representative, nor participate as a member of a class of claimants, with respect to any Claim. The Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Company individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. Accordingly, you and we agree that the AAA Supplementary Rules for Class Arbitrations do not apply to our arbitration. This arbitration provision and the procedures applicable to the arbitration contemplated by this provision are governed by the Federal Arbitration Act, notwithstanding any state law that may be applicable.
This arbitration agreement does not preclude you or us from seeking action by federal, state, or local government agencies. You and we also have the right to exercise self-help remedies, such as set-off, or to bring qualifying claims in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional or ancillary relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with any of these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in this provision.
A court may sever any portion of this Binding Arbitration and Class Action Waiver Section that it finds to be unenforceable, except for the prohibitions on any Claim being handled on a class or representative basis, and the remaining portions of this arbitration provision will remain valid and enforceable. No waiver of any provision of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms.
This binding arbitration and class action waiver section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, and the right to engage in discovery except as provided in the aaa rules. Other rights that you or Company would have in court also may not be available in arbitration.
16. General Terms
Revisions to the Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
Our Content Providers and integrated service providers are third-party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
17. Related Policies
The Company’s Terms & Conditions also apply and reinforcing with the following policies:
2. Content Providers
3. Consent & Access
4. Personal Information
5. International Visitors
6. Collection of Personal Information
a. Purpose Collection. Some of the personal information collected by us is required for registration or business interaction purposes, and other information is voluntarily given by you when you interact with our Services.
b. Types of Collection. The type of personal information that Company may collect and store may include without limitation the following:
Your full name;
Your physical address;
Your telephone number;
Your email address;
Your areas of Services interest or Services preferences;
Your content, such as assignments, discussions, survey results; and
Any other information relating to you that you submit on ReligionAndPublicLife.org.
c. Media. If you upload media, such as images, to the website, you should avoid uploading media with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
d. Methods of Collection. We collect information when you provide it to us, such as when you “contact us” by email, chat, or otherwise, or when you register to do business with us. We may also collect certain information automatically when you use our Services, such as the IP addresses and domain names of visitors, type or name of the browser, page view history, and other usage information about your use of our Services.
e. Summary. We may collect this information for website administration and statistical purposes in order to help us improve our Services and create a better experience for all our customers. Please note, however, that in some instances the Services may request data that is deemed sensitive under Article IX of General Data Protection Regulation. In each instance, you have the option of opting out or refusing to provide such data. If you choose to provide the data to us, you are granting consent for us to use this data for the purpose of the Services.
7. Data Controller for Personal Information
For the purpose of certain data protection laws that require the designation of a “data controller”, Company is the data controller for the personal information that we collect and use hereunder. Company is the party who determines the purpose for which your personal information is used and how we store and use it.
8. Purposes of Collection
The legal basis for our collection is to provide our Services to you; for our legitimate and customary business purposes and, in certain circumstances, to facilitate, develop and perform a contract between you and Company; to register individuals for Services use or use of the Services; to administer and improve the Services; to send you information about Services that may be of interest to you based on your preferences; to prevent and detect fraud, or enforce our legal rights; or for our legitimate and customary business purposes.
9. Sharing Information
10. Removing, Correcting or Updating Information
If for whatever reason you wish to remove, correct or update personal information obtained by Company, or if you wish to correct or update an address or other personal information, we will endeavor to correct, update or remove your personal information. To exercise the following personal information rights, please contact at Company at email@example.com.
a. Right to access your personal information: You have the right to receive a copy of your personal information that we hold about you, subject to certain exemptions. We may, however, require additional information in order to verify your identity and contact information or allow us to locate the specific information requested.
b. Right to correct your personal information: You have the right to ask us to correct any of your personal information that we hold where it is incorrect or incomplete.
c. Right to delete your personal information: You have the right to ask that your personal information be deleted in certain circumstances, such as when your personal information is no longer necessary in relation to the purposes for which they were collected, or if you object to the use of your personal information, or if we have used your personal information improperly.
d. Right to suspend use of your personal information: You have the right to suspend our use of your personal information in certain circumstances, such as when you think your personal information is inaccurate and only for such period to enable us to verify the accuracy of your personal information.
e. Right to data portability: You have the right to obtain your personal information in a structured, commonly used and machine-readable format and for it to be transferred to another organization when it is technically feasible. The right only applies where the use of your personal information is based on your consent or for the performance of a contract, and when the use of your personal information is carried out by electronic means.
f. Right to object to the use of your personal information: You have the right to object to the use of your personal information in certain circumstances, such as when you have grounds relating to your particular situation and we use your personal information for our legitimate interests (or those of a third party).
g. Right to withdraw consent: You have the right to withdraw your consent at any time when we rely on consent to use your personal information.
h. Right to complain to the relevant data protection authority: You have the right to complain to the relevant data protection authority when you think we have not used your personal information in accordance with the applicable privacy laws (See National Data Protection Authority).
12. Retention of Information
We will keep your personal information for the period of time that you are a registered user on the Services, and for TEN (10) years after you cancel your registration.
The security and protection of your personal information is important to us. Company and its service providers use reasonable security procedures and practices to prevent unauthorized access to your personal information, and its unauthorized use, disclosure or destruction. However, internet communications or transmissions are not totally secure, and you transmit your personal information to us at your own risk. Company does not and cannot warrant total security. Our Services may contain links to website of independent third parties, and in such event your use of such website is at your own risk, and you should review their respective terms and conditions and privacy policies (including their terms governing security) prior to use.
Children under the age of 13 require a legal guardian’s consent to use the service.
a. Definition. A cookie is a small electronic file placed in your computer by a website when you visit that website. It is designed to help manage that website’s use. Cookies can also store certain preference information to help customize your website experience. Cookies help us understand how consumers use our Services so we can design better services in the future. Web browsers can be adjusted to disable cookies.
b. Cookie Collection. If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year. If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me,” your login will persist for two weeks. If you log out of your account, the login cookies will be removed. If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
d. Analytics. If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue. For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
e. Summary. Company may not be able to provide you with all the functionality you desire on the Services if you choose to disable them. You may also remove cookies from your browser. Please refer to your browser’s help menu for instructions. If you need assistance from Company, please contact us at firstname.lastname@example.org.
16. California Provisions
California has special legal provisions that may apply to tracking on websites. Company confirms that it will respect “do not track” signals from customer browser settings, as requested by applicable state law.