The Jackie Jackson Privacy Principles
Our mission at The Jackie Jackson is to provide a world-class education for anyone, anywhere.
- We’re deeply committed to creating a safe and secure online environment for you.
- We do not sell your personal information to third parties. We established ourselves as a not-for-profit organization so that our mission of education and your trust.
- We strive to provide you with access to and control over the information you give us, and we take the protection of your information very seriously.
- We do not display advertising on The Jackie Jackson. Our mission is to provide you with a better learning experience, not to sell you random products.
We use the data we collect to provide you with a better experience and fulfill our mission of providing a world-class education for anyone, anywhere.
- What information do we collect?
We take the information you provide to us very seriously, and we strive to put you in control of decisions around your information.
You can use many features of the Service without registering for an account or providing any other personal information. If you create an account on the Prosperity Life, LLC Website, or communicate with Prosperity Life, LLC, you may provide to Prosperity Life, LLC what is generally called “Personal Information” or “Personal Data,” such as your full name, birthdate, email address or other information that can be used to identify you. Information which cannot be used to identify you as an individual is “de-identified” or non-personal information.
We collect information, including personal information, in a variety of ways which may vary according to your use of the Service and your account settings. The categories of personal information we collect may include:
- Contact and profile information
- Account and authentication information from third-party integrated services
- Location information
- Information about your browser or device
- Donation and applicant data
- Non-personal information which may be linked to your Personal Information
Below, we describe examples of the categories of information we collect from and about you when you use our Service:
Information you provide to us and information we receive about you from others
Contact and profile information.
When you create an account on the Prosperity Life, LLC Service, or communicate with us, we may collect personal information including your name, email address, and birthdate. After you register, you may also choose to provide additional information in your profile, such as your nickname, location (city), and other personal or demographic information. In addition, we may ask you for personal information at other times, such as when you contact our technical support team, send us an email, complete a user survey, or otherwise communicate with Prosperity Life, LLC Company.
Information from Integrated Sign-On Services.
Information obtained from other users.
We make available certain features on our Service that allow other users to provide us information about you.
Information provided by partners and other sources.
Information we collect to enable your participation in special programs or features.
From time to time, Prosperity Life, LLC may feature a special program or activity we offer in partnership with a third party. If you participate in these special programs, Prosperity Life, LLC may collect personal information from you to facilitate those programs. For example, Facebook participants may be asked to provide information related to event logistics and prize awarding and processing (e.g., contact information, dietary restrictions, shirt sizes, etc.), and Student Studies program participants may provide information regarding study habits and test scores (e.g., the number of hours studied, modules or tests taken, scores earned, etc.).
Information about how you access and use the Service
Information about your use of our Service.
We may collect usage information about your use of our Service, such as the number of problems you have attempted, the number of videos you have viewed, and the amount of time spent to complete a problem. This enables us to better tailor educational experiences that are most appropriate for you.
We may collect and use information about your location (such as your country) or infer your approximate location based on your IP address in order to provide you with tailored educational experiences for your region, but we don’t collect the precise geolocation of you or your device. You may be able to change the settings on your computer or mobile device to prevent it from providing us with any location information.
Payment and applicant information.
If you pay Prosperity Life, LLC via PayPal or another payment source, we may obtain your name and mailing address to send a thank you note, or if you apply for a job with Prosperity Life, LLC via an online recruiting, we will obtain the information you provide in your application for that purpose.
Usage and device information.
To provide a personalized learning and high-quality experience for our users, we may use various technologies that automatically record certain technical information from your browser or device when you visit our website, read our emails, use our Service or otherwise engage with us. This information is typically collected through a variety of tracking technologies, including cookies, web beacons, Flash objects, log files, and similar technology (collectively, “tracking technologies”). These tracking technologies cookies collect information about how you use the Service (e.g., the pages you view, the links you click, and other actions you take on the Service), information about your browser and online usage patterns (e.g., Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, pages viewed, whether you opened an email, links clicked), and information about the device(s) you use to access the Service (e.g., mobile device identifier, mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, and whether you access the Service from multiple devices). We may collect analytics data, or use third-party analytics tools such as Google Analytics, to help us measure traffic and usage trends for the Sites and to understand more about the demographics of our users. You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners, and view its currently available opt-out options at https://tools.google.com/dlpage/gaoptout. We may also work with third party partners to employ technologies, including the application of statistical modeling tools, which permit us to recognize and contact you across multiple devices. Although we do our best to honor the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser at this time.
We use or may use the data collected through tracking technologies to better display our website, to save you time, to provide better technical support, for promotional purposes, and to track website usage. For example, cookies help us to:
- Keep track of whether you are signed in or have previously signed in so that we can display all the features that are available to you.
- Remember your settings on the pages you visit, so that we can display your preferred content the next time you visit.
- Customize the function and appearance of the pages you visit based on information relating to your account; for example, in order to default you to a particular study level, or to remember customized settings for a report.
- Track website usage for various purposes including sales, marketing, and billing.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some features and services (particularly those that require you to sign-in) may not function properly if your cookies are disabled. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.
Deleting cookies does not delete Local Storage Objects (LSOs) such as Flash objects and HTML5. You can learn more about Flash objects – including how to manage privacy and storage settings for Flash cookies – on Adobe’s website or by clicking here. Various browsers may offer their own management tools for removing HTML5 LSOs. Please consult your browser’s “Help” function to learn more. If you choose to delete Flash objects from our sites, then you may not be able to access and use all or part of the sites or benefit from the information and services offered.
- How we use the information we collect
Prosperity Life, LLC uses this information in the following ways:
To provide and enhance our Service.
Prosperity Life, LLC uses the information you provide or that we collect to operate, maintain, enhance, and provide all of the features of our Service.
To personalize your experience.
We use the information to personalize your experience while using the Service, including on various devices you may use to access the website. For instance, Prosperity Life, LLC remembers your recent activity so we can recommend the most appropriate content for you on your next visit and provide personalized learning experiences.
To communicate with you.
We use your information to communicate with you about your account and respond to inquiries. We may also use your Personal Information to provide you with information about Prosperity Life, LLC’s features, services and other offerings that may be of interest to you.
To understand, improve, and develop our Service.
Prosperity Life, LLC uses all of the information that you provide or that we collect from users to understand and analyze the usage trends, learning behaviors, and preferences of our users, to improve the way the website works and looks, and to create new features and functionality.
We may also use information to maintain, develop, support and improve our website and other educational products and services.
To enable your participation in Prosperity Life, LLC partnership arrangements.
We use your information to enable your participation in programs or features we may offer in partnership with third parties, to the extent you wish to participate in such programs.
For personal data subject to the European Union General Data Processing Regulations (“GDPR”), we rely on several legal bases to process the data. These legal bases include where:
- The processing is necessary to perform our contractual obligations in our Terms of Service or other contracts with you (such as to provide you the Service as described in our Terms of Service);
- You have given your prior consent, which you may withdraw at any time (such as for marketing purposes or other purposes we obtain your consent for from time to time);
- The processing is necessary to comply with a legal obligation, a court order or to exercise or defend legal claims;
- The processing is necessary for the purposes of our legitimate interests, such as in improving, personalizing, and developing the Service, marketing the Service, such as new features or products that may be of interest, and promoting safety and security as described above.
If you have any questions about or would like further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided below.
- How we share or transfer data
Prosperity Life, LLC takes great care to protect the information you provide us. We do not rent or sell Personal Information that we collect from users with third parties.
Prosperity Life, LLC will disclose personal information when you post content which is visible to others on the Service, when you consent or instruct us to share your personal information with third parties, or when we have a legitimate business or legal need to share your information. We may also disclose anonymous or aggregate information that does not reasonably identify you as an individual. To learn more, see additional description below.
When information is visible to others on the website by default.
Certain features and functions of the website shares or makes your information accessible to others. As with most online services, once you make your Personal Information available to others online, it may be collected and used by the recipients or any other website visitor without restriction. You may wish to use a nickname or alias in your profile if you do not want your personal information shared with others in this way. For example, your personal information may be visible to others in the following circumstances:
- Information you post to public spaces of the website. When you post a question or answer to the website, your profile, which could include your name, short biography, and city-level location, as well as the content of your posted comment, is visible to others on the website.
- Connecting with a Coach. When your account is connected to a Coach on the website, the Coach will be able to see your profile information and your activities on the website, such as which videos you have watched, the questions and responses you post, and other usage information. Coaches may also be able to see your name (not only your username) as well as your email address, if you include that information in your account profile.
With your consent or according to your instructions.
- We may share data with social networks at your request. Some of our users choose to connect their Prosperity Life, LLC account with social networks. This functionality is entirely optional. If you have explicitly agreed that we may do so, Prosperity Life, LLC may disclose your Personal Information through a social network or similar service (like Facebook or Google). To control the information that you share, you have the option of modifying your Prosperity Life, LLC or social network settings or disconnecting your social network account from your Prosperity Life, LLC account.
- We may share data with third-party applications that you authorize. Third-party application developers and service providers (commonly known as “App Developers”) may build complementary services for our platform, such as a mobile application for visually-impaired learners to access our resources, or may use our Prosperity Life, LLC content to build unaffiliated applications and services. If you connect your Prosperity Life, LLC account to an application or service or approve access to your Prosperity Life, LLC account by a third party application or service, you consent to Prosperity Life, LLC sharing your information with that third party.
- We may share data in connection with special programs you participate in. If you participate in special programs where Prosperity Life, LLC partners with third parties, Prosperity Life, LLC may share data collected from or about you with its third-party partners to facilitate the program or services being offered. For instance, if you participate in Prosperity Life, LLC ‘s program with a third-party platform, Prosperity Life, LLC may share information regarding your study habits, tests taken, and test scores with this third-party platform. These program partners may use your information we share with them as described in their own privacy policies.
- We may share information with your consent. Prosperity Life, LLC does not share your Personal Information with third-party organizations for their marketing or promotional use without your consent. In some instances, you may be able to grant us permission to share your Personal Information with authorized partners, not-for-profit organizations, and other entities that are not affiliated with Prosperity Life, LLC. In these cases, we will only provide to these third parties the information you have authorized or asked us to share to these third parties. You may also choose to share content with others by email, or by posting Prosperity Life, LLC content to social media sites such as Facebook or Twitter. These third parties may use your information as described in their own privacy policies.
We may share anonymous or aggregate data with others.
We may use data which has been de-identified and/or aggregated for product development, research, analytics, and other purposes, including for the purpose of analyzing, improving, or marketing the Prosperity Life, LLC Services. In certain occasions, Prosperity Life, LLC may share this data with business partners to improve our services or offerings. If we disclose information to authorized business partners to conduct research on online education or assist in understanding the usage, viewing, and demographic patterns for certain programs, content, services, promotions, and/or functionality on our Service, such data will be aggregated and/or anonymized to reasonably avoid identification of a specific individual.
Other instances where we may share or disclose information for legal or business purposes.
- We will share data with employees and service providers. Prosperity Life, LLC may share information with our employees and trusted vendors, third party service providers and other individuals to provide services or products for us or on our behalf, which could include analytics, hosting, marketing and similar services. When we share personal information with third party service providers or vendors, these third parties are contractually obligated to maintain the security and confidentiality of that personal information.
- Other instances. Prosperity Life, LLC may release Personal Information if we have a good faith belief that access, use, preservation, or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process, or enforceable governmental request; (b) enforce applicable Terms of Service, including investigation of potential violations thereof; (c) investigate and defend ourselves against any third-party claims or allegations; (d) detect, prevent or otherwise address fraud, security or technical issues; (e) protect the rights, property, or personal safety of Prosperity Life, LLC, our users, or the public; or (f) as required or permitted by law.
- Marketing and Sponsored Content
Messages from Prosperity Life, LLC
We may, from time to time, send you email regarding our products and services, or other third-party products and services we think you may enjoy. For example, if we partner with a not-for-profit organization running a contest in your region, we may send you an email notifying you of the partnership or contest. We will not share your information with the third party unless you opt-in to participate in the partnership or contest, and if so, the information we would share would be limited to that needed to facilitate your participation in the contest and enable you to redeem your prize. You can unsubscribe from these mailings at any time.
Prosperity Life, LLC does not display any third-party advertisements on the website. From time to time, we permit third parties to sponsor content displayed on our Service. For example, for-profit organizations may wish to sponsor all content related to a particular educational topic, content will always be labeled (e.g., “Sponsored by ___”). Prosperity Life, LLC does not share any of our users’ Personal Information with these sponsors without explicit consent, and these sponsors do not have the ability to track or collect information about our site visitors or users. As a non-profit organization, Prosperity Life, LLC relies on our sponsors, donors, and other contributors to provide funding necessary to provide the Service to our users.
Please note: From time to time, we may display YouTube video content created by third parties and not by Prosperity Life, LLC . While Prosperity Life, LLC -created video content does not display video advertisements, third party content may include advertising which we cannot control.
- Third Parties and Online Advertising
Interest Based Advertising
Prosperity Life, LLC does not display any targeted advertising on our website. However, we participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements on other websites, apps or services, including on Facebook and other social networks, or on other devices you may use. These third party ad networks use tracking technologies to recognize your browser or device and to collect information about your visit to our Service to provide you customized content, advertising and commercial messages which may be more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research.
Please note that we use our best efforts and take multiple steps to avoid the collection of information for targeted advertising purposes when we believe the Service is being used by students or children under 13. For example, we take steps to inhibit these third-party advertising networks from collecting information for targeted advertising purposes on webpages with child-directed content or when a student or child user logs into the website.
To learn about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org/choices, and/or the DAA’s resources at http://www.aboutads.info/choices. You may also manage certain advertising cookies by visiting the EU-based Your Online Choices at http://www.youronlinechoices.eu/. You may also be able to limit interest-based advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest-based ads” (Android). You may also be able to opt-out of some – but not all – interest-based ads served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app.
Please note that opting-out of receiving interest-based advertising through the NAI’s and DAA’s online resources will only opt-out a user from receiving interest-based ads on that specific browser or device, but the user may still receive interest-based ads on his or her other devices. You must perform the opt-out on each browser or device you use.
Prosperity Life, LLC uses YouTube to display video content on the website. YouTube incorporates tracking technologies, which may be present in the YouTube videos embedded on the Service, which may collect information from your browser when you view the video on the website, including device identifiers and/or cookie IDs. This information is collected directly and automatically by YouTube and its partners, and Prosperity Life, LLC does not participate in these data transmissions. Prosperity Life, LLC does not provide any Personal Information, such as usernames, to YouTube.
Prosperity Life, LLC has taken steps to minimize this tracking activity, to the extent we have controls over a third-party’s practices. We have turned on “Privacy-Enhanced Mode” for YouTube videos displayed on the Service. We also utilize Google’s “child-directed treatment” tags to alert Google that these YouTube videos may be embedded on webpages visited by children or students. You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners. You may also be able to control ad tracking through YouTube by visiting the Google Ad Settings page, currently available at: https://adssettings.google.com.
- Your choice and options relating to data collection and use
At Prosperity Life, LLC, we use Personal Information as needed for the purposes for which it was collected or where you have consented to our use of your Personal Information. We take reasonable steps to ensure that the Personal Information we store, and use is accurate, complete, and up to date. If you discover that Personal Information or other data pertaining to you is inaccurate, incomplete, or out-of-date, please update your account information or contact us as outlined below.
You can choose to not provide us with Personal Information.
You may always decline to provide your Personal Information with Prosperity Life, LLC. Registration is not required to access most of our online resources. If you decline to register, however, Prosperity Life, LLC will not be able to provide to you certain features and functionalities found on our Service. You may later enable or access those features by providing Prosperity Life, LLC with the necessary Personal Information.
You can choose to provide only information which does not reasonably identify you to others. We recommend you select a username which is not related to your actual name, for example. You can also decline to provide any optional data in your public profile.
You can disconnect us from Integrated Services.
You can unsubscribe from email communications.
Prosperity Life, LLC may, from time to time, send you email regarding our products and services, or products and services we think you may enjoy. Only Prosperity Life, LLC (or our vendors or service providers operating on our behalf) will send you these emails. You can choose not to receive these emails by clicking the unsubscribe link in any e-mail. Please note that you are not permitted to unsubscribe or opt-out of non-promotional messages regarding your account, such as account verification, changes or updates to features of the Service, or technical or security notices.
California Children’s Privacy Rights
If you are under the age of 18 residing in California, you are entitled to request removal of content or information you have posted publicly on our Service. To delete your entire account and remove all of your information displayed publicly on the Service, log into your account and select “delete your account” through Settings. To request deletion or de-identification of a specific question, answer or other post displayed publicly on the website, please email us at firstname.lastname@example.org for assistance. You must be able to identify the particular post you wish to be deleted or de-identified so that we can locate it on the website. Please note that removal of your content or information does not ensure complete or comprehensive removal, as there may be de-identified or recoverable elements of your content or information on our servers in some form. Additionally, we will not remove content or information that we may be required to retain under applicable federal and state laws.
- How to access, update, or delete your personal information
How to access or update your information.
We want you to have access to your information, so that you can help keep it as accurate as possible. If you register and provide Prosperity Life, LLC with Personal Information, you may update, correct, or delete your account and information at any time by reviewing your profile information and preferences on your account settings page.
How to delete your information.
To request deletion of your personal information at any time, please email us at email@example.com Please note that your information will be retained in backup for up to one week. If you log back into your account within 24 hours, your account will not be deleted, and you will need to go through the deletion process again.
We may not be able to delete data in all instances, such as information retained in technical support logs and other business records. We will not be required to delete any information which has been de-identified or disassociated with personal identifiers such that it can no longer be used to reasonably identify a particular individual.
- Our approach to Data Security
Data security is important to you, and to us.
To protect your privacy and security, we take reasonable steps to verify your identity before granting your account access or making corrections to your information. For example, we may ask you to provide certain Personal Information to confirm your identity, and we may require that you create and use a password to access certain parts of our website. You should create and maintain a strong password to help ensure the security of your account.
We try to ensure that our Service and information sent to us are safe, but no security measures are perfect.
Prosperity Life, LLC uses certain physical, managerial, and technical safeguards designed to preserve the integrity and security of your Personal Information and other information we maintain in connection with our website. We cannot, however, ensure or warrant the security of any or all of the information you transmit to Prosperity Life, LLC, and you do so at your own risk. Once we receive your transmission of information, Prosperity Life, LLC makes commercially reasonable efforts to ensure the security of our systems. When you enter sensitive information, we encrypt the transmission of that information using secure socket layer technology (SSL) or similar technologies. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and will notify you of the security incident in accordance with applicable laws and regulations.
- Users and Records
Prosperity Life, LLC is a for-profit organization dedicated to providing, educational content. We strive to implement best practices to protect the privacy of all of our student and non-student users, alike.
- International Visitors
Our Service is operated and managed on servers located within the United States. If you choose to use our Service from the European Union or other regions of the world with laws governing data collection and use that differ from United States law, then you acknowledge that Prosperity Life, LLC will transfer your personal information to the United States for the purpose of performing the Service according to our contract (e.g., our Terms of Service) and for any other purpose for which you provide explicit, informed consent.
- European Union Data Protection
Residents in the European Union are entitled to certain rights with respect to personal information that we hold about them:
- Right of access and portability. The right to obtain access to your personal information, along with certain related information, and to receive that information in a commonly used format and to have it transferred to another data controller;
- Right to rectification. The right to obtain rectification of your personal information without undue delay where that personal information is inaccurate or incomplete;
- Right to erasure. The right to obtain the erasure of your personal information without undue delay in certain circumstances, such as where the personal information is no longer necessary in relation to the purposes for which it was collected or processed;
- Right to restriction. The right to obtain the restriction of the processing undertaken by us on your personal information in certain circumstances, such as where the accuracy of the personal information is contested by you, for a period enabling us to verify the accuracy of that personal information; and
- Right to object. The right to object, on grounds relating to your particular situation, to the processing of your personal information, and to object to processing of your personal information for direct marketing purposes, to the extent it is related to such direct marketing.
You may also have the right to make a complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. If you need further assistance regarding your rights, please contact us using the contact information provided below and we will consider your request in accordance with applicable law. In some cases our ability to uphold these rights for you may depend upon our obligations to process personal information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.
- Links to other sites
- Contacting Prosperity Life, LLC
Please contact Prosperity Life, LLC with any questions or comments.
By email: firstname.lastname@example.org
Who we are
Our website address is: https://thejackiejackson.com.
What personal data we collect and why we collect it
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
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.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
Learning Management System
When you purchase from us, we’ll ask you to provide email address. We’ll use this information for purposes, such as, to:
–Send you information about your account and order
–Create your account for our LMS
If you register a free account then we will store your email address. We store information about you for as long as your account exists. We store course progress, including completion status, quiz scores, assignments and/or essay submissions (if applicable). We will also store comments on courses, lessons, topics, assignments, and essays if you choose to leave them.
Who on our team has access
Members of our team have access to the information you provide us. For example, both Administrators and Group Leaders can access:
–Order information such as your enrolled courses, course progress and username / email address.
Any additional information added in your WordPress User Profile can also be visible to the administrator(s).
What we share with others
We share information with third parties who help us provide our orders and store services to you.
In this subsection you should list which third party payment processors you’re using to take payments on your store since these may handle customer data. We’ve included PayPal below as an example, but you should remove any of these if they are not in use on your site.
We accept payments through PayPal. When processing payments, some of your data will be passed to PayPal, including information required to process or support the payment, such as the purchase total and billing information.
We collect information about you during the checkout process on our store.
While you visit our site, we’ll track:
When you purchase from us, we’ll ask you to provide information including your name, billing address, shipping address, email address, phone number, credit card/payment details and optional account information like username and password. We’ll use this information for purposes, such as, to:
- Send you information about your account and order
- Respond to your requests, including refunds and complaints
- Process payments and prevent fraud
- Set up your account for our store
- Comply with any legal obligations we have, such as calculating taxes
- Improve our store offerings
- Send you marketing messages, if you choose to receive them
- If you create an account, we will store your name, address, email and phone number, which will be used to populate the checkout for future orders.
We generally store information about you for as long as we need the information for the purposes for which we collect and use it, and we are not legally required to continue to keep it. For example, we will store order information for XXX years for tax and accounting purposes. This includes your name, email address and billing and shipping addresses.
We will also store comments or reviews, if you choose to leave them.
Who on our team has access
Members of our team have access to the information you provide us. For example, both Administrators and Shop Managers can access:
Order information like what was purchased, when it was purchased and where it should be sent, and Customer information like your name, email address, and billing and shipping information. Our team members have access to this information to help fulfill orders, process refunds and support you.
What we share with others
We share information with third parties who help us provide our orders and store services to you; for example —
We accept payments through several payment platforms. When processing payments, some of your data will be passed to these payment platforms, including information required to process or support the payment, such as the purchase total and billing information.
How long we retain your data
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.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
Visitor comments may be checked through an automated spam detection service.
PROSPERITY LIFE, LLC
TERMS & CONDITIONS OF SERVICE
Prosperity Life, LLC Terms of Service
Welcome, and thank you for your interest in Prosperity Life, LLC organization (“Prosperity Life, LLC,” “we,” “us,” or “our”), which operates the web site located at https://thejackiejackson.com (the “Website”) and related application programming interfaces (“APIs”), mobile applications and online services, including, but not limited to, the Google website and related applications, any Downloadable Content (as defined below), and any other products and services that Company may provide now or in the future (collectively, the “Services”). The following Terms of Service are a legal contract between you (“you” and “your”) and Prosperity Life, LLC regarding your use of the Services. Visitors and users of the Services are referred to individually as “User” and collectively as “Users”.
PLEASE NOTE THAT THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER. BY AGREEING TO BINDING ARBITRATION, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
1. Eligibility; Accounts. THE WEBSITE IS NOT AVAILABLE TO (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY PROSPERITY LIFE, LLC OR (B) ANY PERSONS UNDER THE AGE OF 18 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN (OR, FOR SCHOOL ACCOUNTS, BY SCHOOL PERSONNEL AS PERMITTED UNDER THE TERMS).
1.1 By clicking the “I Agree” button or by otherwise using or registering an account for the Services, you represent that (i) you are a US resident at least 18 years of age, or (ii) you are not a US resident, and are of legal age of consent to open an account under the laws of your country of residence, or (iii) your use of the Services has been approved by your parent or legal guardian, or by your school or teacher for school use. You also represent that you have not been previously suspended or removed from the Services by Prosperity Life, LLC, and that your registration and your use of the Services is in compliance with any and all applicable laws.
1.2 Account. In order to use certain features of the Services, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Prosperity Life, LLC, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), then you agree to immediately notify Prosperity Life, LLC at email@example.com . You may be liable for the losses incurred by Prosperity Life, LLC or others due to any unauthorized use of your Services account.
1.4 Child User. If you are under the age of 18 (a “Child User”), you may not create or register an account for the Services without consent and approval from your legal parent or guardian, or from your school as provided in Section 1.6 (“School Use”). If you are under the age of 18, you represent that your parent or legal guardian has reviewed and agreed to the Terms on your behalf. Except for accounts created for School Use as provided in Section 1.6, a Child User that begins the registration process for himself or herself without a Parent User (as defined below) may have the registration process restricted until a parent approves or assumes responsibility for the Child User account. A Child User may use the Services if registered through certain educational organizations or, in certain cases, by School Personnel that have entered into a relationship directly with Prosperity Life, LLC, so long as the education organization has obtained parent or guardian consent, or has complied with an exemption to parent consent requirements under applicable law. A Child User will only be permitted to use the Services for so long as Prosperity Life, LLC reasonably believes that such access has been consented to by the Child User’s parent or guardian, or by School Consent (as discussed in Section 1.6, “School Use”).
1.5 Parent User. If you are at least 18 years of age and you are the legal parent or guardian of a child that seeks to register as a Child User of the Services, you may register a parent account on the Services (“Parent User”). Through a Parent User account, you may create, register, manage and approve Child User accounts only for your own child(ren) or child(ren) for whom you are a legal guardian. IF YOU REGISTER, APPROVE OR CONSENT TO THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD USER’S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER. You acknowledge that Prosperity Life, LLC may choose, but is not obligated, to make any inquiries, either directly or through third parties, that Prosperity Life, LLC deems necessary to validate your registration information, including without limitation engaging third parties to provide verification services. Prosperity Life, LLC reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT PROSPERITY LIFE, LLC CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND PROSPERITY LIFE, LLC IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A PARENT USER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD USER OR OTHER PARTY DURING REGISTRATION IS SUCH CHILD USER’S ACTUAL PARENT OR GUARDIAN. A Parent User account, along with all associated Child User accounts, may be terminated by Prosperity Life, LLC at any time and without warning for any failure to abide by these Terms.
1.6 School Use. Prosperity Life, LLC may make available certain features and tools that permit Users registered as teachers, school leaders, aides, or other similar school personnel (“School Personnel”) to work with students and other Users through the Services in order to provide such students with tutorial, educational and other education-related services as part of the school’s curriculum, and to review and evaluate educational achievement and progress of such students. If you are School Personnel accessing the Services on behalf of a school, school district, or other similar educational institution (an “Institution”), the following terms apply to you:
(a) Limitations on Use. The Services and Website are provided to you for educational purposes as part of the school curriculum. You must use the Services and the Website in compliance with all applicable laws, rules, and regulations. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose, any portion of the Services, the Website, or access to the Services or Website.
(i) You are familiar with and agree to be responsible for compliance with the Family Educational Rights and Privacy Act and the US Department of Education’s implementing regulations at 34 CFR Part 99 (collectively, “FERPA”), and all other laws, rules or regulations concerning the collection, use, and disclosure of personally identifiable information about Users in your Institution (collectively, “Applicable Privacy Law”).
(iii) You assume sole responsibility (and hereby agree that Prosperity Life, LLC is not responsible) for obtaining any consents required from parents or guardians, to the extent required under COPPA, FERPA or other Applicable Privacy Law, in connection with the Services, use of the Website for classroom use (including use of Linked Accounts referred to in Section 1.8), and disclosure of personally identifiable information to Prosperity Life, LLC in connection therewith. You represent and warrant to Prosperity Life, LLC that, prior to creation of accounts for School Use, you have either obtained all necessary parent or guardian consents, or have complied and will comply with all applicable requirements of an exemption from or exception to parental consent requirements, including:
under FERPA, you have complied and will comply with the “school official” exception, or the “directory information” exception thereunder; and
under COPPA, with respect to Students under the age of 18, you are acting as the agent of the parent and consenting on their behalf to the sharing of the Student’s personal information.
We refer to this a “School Consent”. If a Parent User does not consent or rescinds such School Consent, School Personnel or the Institution shall immediately notify Prosperity Life, LLC to discontinue that Student’s access to the Services and ensure that such Student’s information is no longer accessible through the Services. Under no circumstances will Prosperity Life, LLC be liable for the School Personnel’s failure to consult their school’s authorities and administrators or for failing to obtain School Consent when required.
(c) Identification of School Accounts. Students and School Personnel may have personal accounts, in addition to accounts established for use in the classroom and associated with the Institution’s use of the Services (“School Accounts”). If the Institution has a separate written service agreement with Prosperity Life, LLC that includes rostering services for your Institution, accounts provided for classroom use will be School Accounts. In other cases, in order for accounts established for use in the classroom to be designated as “School Accounts,” the accounts must be (1) created by School Personnel (for example, when a teacher creates the user name, login and password to establish School Accounts, or when the teacher rosters a class using Google Classroom, Clever, or similar Integrated Service (to the extent we support use of such Integrated Service)), or (2) created by a School User at the direction of a School, in each case, using a School email address and associated with a School’s class on the Service. User accounts created with a personal email address will not be considered School Accounts and will be administered as personal accounts. If you have questions about how to create School Accounts that are associated with a School’s class on the Service, please contact our customer support team at firstname.lastname@example.org .
(d) Use of Integrated Services in School Accounts. If you are School Personnel and you choose to allow your students to log in on the Services using an Integrated Service, such as Google Classroom or Clever (to the extent we support use of such Integrated Service), you are responsible for educating your students on the proper use of Integrated Services and protecting their accounts. See Section 1.3.
1.7 Coaches. Prosperity Life, LLC may make available certain features and tools that allow Users to add “Coaches” to their account.
(a) Coaching features are provided to allow any User to give another User, such as a tutor, friend or family member, the ability to view the activity in their Prosperity Life, LLC account in order to provide them with tutoring or coaching help on Prosperity Life, LLC. In these Terms, we refer to any User that you connect to your Prosperity Life, LLC account (other than School Personnel and Parent Users, who have different account permissions) as a “Coach”. A Parent User associated with a Child User can disable the coaching feature upon account creation, or in the Child’s User’s account settings.
(b) If you are a Coach, the following provisions apply to you. You may use Prosperity Life, LLC features and tools only for purposes of providing tutoring, coaching or other education-related assistance to a User that has an account established and existing pursuant to these Terms. COACHES ARE NOT PERMITTED TO CREATE OR REGISTER ACCOUNTS FOR ANY OTHER USER. In order to begin coaching relationship, the student or other User you wish to coach must either have a pre-existing account on the Services, or must establish an account pursuant to these Terms. YOU UNDERSTAND THAT REGISTRATION OF AN ACCOUNT BY OR FOR A CHILD USER REQUIRES CONSENT FROM SUCH USER’S PARENT OR LEGAL GUARDIAN. COACHES MAY NOT PROVIDE THIS CONSENT DIRECTLY OR ON BEHALF OF THE PARENT OR GUARDIAN. You must use the Services and the Website in compliance with all applicable laws, rules, and regulations.
1.8 Linked Accounts. Prosperity Life, LLC may permit a User to associate a personal account with their School Account, by using the login credentials associated with a personal account to join a class or use the account for school-directed learning. If a User chooses to associate a personal account with their School Account, the two accounts will be deemed “Linked” Accounts, and the User’s learning activity (information regarding use of the Website generated by the User through use of the Website), whether generated during or outside of the school use, may be viewed by any person with access to either account. “Linked” Accounts are not separately functioning accounts; they permit access to a singular Prosperity Life, LLC account using more than one account interface or set of access credentials. Linked Accounts may benefit Students who want to use the Website for both personal and school purposes, by allowing School Personnel to have a deeper understanding of Student progress, and by allowing Users to keep track of all of their Prosperity Life, LLC learning activity on an aggregate basis. The User’s election to enable account linking must be made, if at all, in connection with the initial account registration and rostering process for a given school year. Once accounts are linked, they cannot be separated. Prosperity Life, LLC may (but is not required to) enable linking of accounts as described herein. Upon any termination of the School Account by authorized School Personnel, the User’s learning activity (including any learning activity from school use) will be retained in any Linked personal account.
1.9 School Districts. Prosperity Life, LLC may enter into supplemental written agreements with school districts with respect to use of the Services on a district-wide basis (“District Agreements”). Pursuant to District Agreements, we may provide additional services to school districts, and/or may provide additional undertakings to school districts with respect to the Services. Except as otherwise provided in a District Agreement, these Terms remain in effect for all individual Users of the Services in the relevant district.
1.10 International Use. Prosperity Life, LLC operates the Services in the United States. If you choose to access our Services from locations outside the United States, you consent to the collection, transmission, use, storage and processing of content and data (including your personal information) in the United States. You also agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Services, if and to the extent local laws are applicable to use of our Services. If you are under the age of 18, you confirm that you have received parental consent, if required in your jurisdiction, to open an account for Service and enter into these Terms. Unless we have entered into a separate, mutually executed written agreement with you that says otherwise, we do not represent that our Services are appropriate or available for use in jurisdictions outside the United States. The right to access and use the Services is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render Prosperity Life, LLC in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws.
3. Other guidelines. When using the Services, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.
4. Modification of the Terms.
4.1 General. Upon opening an account, you accept the Terms in the form posted on our website. Prosperity Life, LLC reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes that are made after you open your account. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, Prosperity Life, LLC will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Services, and such amended terms will be effective against you on the earlier of (i) your actual notice of such changes and (ii) thirty days after Prosperity Life, LLC makes reasonable attempt to provide you such notice. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you must discontinue your use of the Services. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
4.2 School Accounts. The following provisions apply to School Accounts in addition to the provisions set forth in Section 4.1 above. If a change with respect to how personal information contained in education records is used or shared has a material adverse impact on Student Users or an Institution, and the Institution does not agree to the change, the Institution must notify Prosperity Life, LLC within thirty days of receiving the notice of change as described under the “Miscellaneous – Notices” below. If Prosperity Life, LLC is notified as required, then the School Accounts held by that Institution will remain governed by the Terms in effect immediately prior to the change until the end of the end of the then current term of the Institution’s written service agreement with Prosperity Life, LLC, or, in the absence of such an agreement, the end of the current school term. If the Services are renewed or continued after such time, they will be renewed or continued under Prosperity Life, LLC’s then-current Terms.
5. User Content License Grant
5.1 User Content and Ownership. Prosperity Life, LLC may permit (a) the posting and/or publishing by you and other Users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (collectively, “User Postings”) and (b) the posting, creation, or modification by you and other users of computer code (including source code and object code) (“User Code”) (User Postings and User Code, collectively, “User Content”). You understand that whether or not such User Content is published, Prosperity Life, LLC does not guarantee any confidentiality with respect to any submissions. Consistent with Applicable Law, as between Prosperity Life, LLC and you, you retain all ownership rights you have in any User Content you post or publish to the Services, and Prosperity Life, LLC does not claim any ownership rights in or to such User Content. You acknowledge that are solely responsible for your User Content and the consequences of posting, creating, or publishing such User Content.
5.3 License Grant to Users.
(a) User Postings. By posting, submitting or distributing User Postings through the Services, you hereby grant to each User of the Services a non-exclusive license to access and use your User Postings in any manner permitted or made available by Prosperity Life, LLC on or through the Services.
(b) User Code. By posting, submitting or distributing User Code through the Services, you hereby grant to each User of the Services a non-exclusive license to access, use, reproduce, and distribute your User Code as fully permitted under, and in accordance with the terms of, the MIT license (currently available at: the opensource license webpage) (the “MIT License”).
(c) Downloadable Content. The Services may permit you to download mobile applications or certain digital educational content (“Downloadable Content”). Subject to your complete and ongoing compliance with all the terms and conditions set forth herein, Prosperity Life, LLC grants you, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, view and use the Downloadable Content, in object code form, on devices owned or controlled by you, solely for your personal, non-commercial purposes. You agree not to (i) modify or create derivative works of the Downloadable Content (ii) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, technical limitations or security features in or protecting the Downloadable Content, and (iii) remove any copyright and other proprietary notices on the Downloadable Content and all copies thereof.
5.4 Access to Your User Content. Prosperity Life, LLC may permit Users to share their User Content with a select group of other Users, or make their User Content public for all (even non-Services users) to view. You acknowledge and agree that, although Prosperity Life, LLC may provide certain features intended to allow you to restrict some User Content you create from others, Prosperity Life, LLC does not guarantee that such User Content will never be accessible by others. In the event of unauthorized access, Prosperity Life, LLC will use reasonable efforts to notify you pursuant to Section 15.1 below. PROSPERITY LIFE, LLC HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER CONTENT.
5.5 User Content Disclaimer. You understand that when using the Services you will be exposed to User Content from a variety of sources, and that Prosperity Life, LLC is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Prosperity Life, LLC with respect thereto. Prosperity Life, LLC does not endorse any User Content or any opinion, recommendation or advice expressed therein, and Prosperity Life, LLC expressly disclaims any and all liability in connection with User Content.
6. Digital Millennium Copyright Act. It is Prosperity Life, LLC’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. Prosperity Life, LLC will promptly terminate without notice your access to the Services if you are determined by Prosperity Life, LLC to be a “repeat infringer.” A repeat infringer is a User who has been notified by Prosperity Life, LLC of infringing activity violations more than twice and/or who has had User Content or any other user-submitted content removed from the Services more than twice.
7. Proprietary Materials; Licenses
7.1 Proprietary Materials. The Services are owned and operated by Prosperity Life, LLC. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Services (the “Services Materials”) are protected by United States and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Except for any User Content provided and owned by Users and except as otherwise set forth in this Section 7, all Services Materials, and all trademarks, service marks, and trade names, contained on or available through the Services are owned by or licensed to Prosperity Life, LLC, and Prosperity Life, LLC reserves all rights therein and thereto not expressly granted by these Terms.
7.2 Licensed Educational Content. Prosperity Life, LLC may make available on the Services certain educational videos, exercises, and related supplementary materials that are owned by Prosperity Life, LLC or its third-party licensors (the “Licensed Educational Content”). Prosperity Life, LLC grants to you a non-exclusive, non-transferable right to access and use the Licensed Educational Content as made available on the Services by Prosperity Life, LLC solely for your personal, non-commercial purposes. Unless expressly indicated on the Services that a particular item of Licensed Educational Content is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.
(a) Alternate Licenses. In certain cases, Prosperity Life, LLC or its licensors may make available Licensed Educational Content under alternate license terms, such as a variant of the Creative Commons License (as defined below) (each, an “Alternate License”). Where expressly indicated as such on the Services, and subject to the terms and conditions of these Terms, the applicable Licensed Educational Content is licensed to you under the terms of the Alternate License. By using, downloading, or otherwise accessing such Licensed Educational Content, you agree to comply fully with all the terms and conditions of such Alternate License.
(b) Creative Commons License. Unless expressly otherwise identified on the Services with respect to a particular item of Licensed Educational Content, any reference to the “Creative Commons”, “CC” or similarly-phrased license shall be deemed to be a reference to the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 United States License (available at creativecommons.org/licenses/) (the “Creative Commons License”).
7.3 Licensed Educational Code. Prosperity Life, LLC may make available, or allow Users to create and make available, on or through the Services certain educational, user-readable source code in connection with the “Computer Science” modules or exercises available on the Services (the “Licensed Educational Code”). Unless otherwise indicated, all Licensed Educational Code is the property of Prosperity Life, LLC or third-party licensors and, subject to the terms and conditions of these Terms, is licensed to you under the terms of the MIT License. By downloading or otherwise accessing such Licensed Educational Code, you agree to comply with all the terms of the MIT License.
7.4 Non-Commercial Use. The Licensed Educational Content and Licensed Educational Code are intended for personal, non-commercial use only. Without limiting the foregoing, and notwithstanding the terms of any Alternate License for such Licensed Educational Content, the Licensed Educational Content may not be used, distributed or otherwise exploited for any commercial purpose, commercial advantage or private monetary compensation, unless otherwise previously agreed in writing by Prosperity Life, LLC.
(a) Impermissible Uses. Without limiting the generality of the foregoing, the following are types of uses that Prosperity Life, LLC expressly defines as falling outside of “non-commercial” use:
- the sale or rental of (1) any part of the Licensed Educational Content, (2) any derivative works based at least in part on the Licensed Educational Content, or (3) any collective work that includes any part of the Licensed Educational Content;
- providing training, support, or editorial services that use or reference the Licensed Educational Content in exchange for a fee; and
iii. the sale of advertisements, sponsorships, or promotions placed on the Licensed Educational Content, or any part thereof, or the sale of advertisements, sponsorships, or promotions on any website or blog containing any part of the Licensed Educational Material, including without limitation any “pop-up advertisements”.
(b) Use Characterization. Whether a particular use of the Licensed Educational Content is “non-commercial” depends on the use, not the user. Thus, a use of the Licensed Educational Content that does not require that users pay fees and that does not provide an entity with a commercial advantage is “non-commercial,” even if this use is by a commercial entity. Conversely, any use that involves charging users in connection with their access to the Licensed Educational Content is not “non-commercial,” even if this use is by a non-profit entity. As an example, a for-profit corporation’s use of the Licensed Educational Content for internal professional development or training of employees is permitted, so long as the corporation charges no fees, directly or indirectly, for such use. Conversely, as another example, a non-profit entity’s use of the Licensed Educational Content in connection with a fee-based training or educational program is NOT “non-commercial” and is not permitted.
7.5 Crediting Prosperity Life, LLC. If you distribute, publicly perform or display, transmit, publish, or otherwise make available any Licensed Educational Content or any derivative works thereof, you must also provide the following notice prominently along with such Licensed Educational Content or derivative work thereof: “All Prosperity Life, LLC content is available at thejackiejackson.com”.
8. Prohibited Conduct.
YOU AGREE NOT TO:
8.1 use the Services for any commercial use or purpose unless expressly permitted by Prosperity Life, LLC in writing, it being understood that the Services and related services are intended for personal, non-commercial use only;
8.2 except as expressly permitted under Sections 5.3 and 7 of these Terms, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Services Materials;
8.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
8.4 post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
8.5 use the Services in any manner that is harmful to minors, or in any manner that violates Prosperity Life, LLC’s Community Guidelines;
8.6 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, or perform any other fraudulent activity;
8.7 delete the copyright or other proprietary rights notices on the Services or on any Licensed Educational Content, Licensed Educational Code, or User Content;
8.8 assert, or authorize, assist, or encourage any third party to assert, against Prosperity Life, LLC or any of its affiliates or licensors any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content, Licensed Educational Code, or User Content you have used, submitted, or otherwise made available on or through the Services;
8.9 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Services (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
8.10 use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
8.11 defame, harass, abuse, threaten or defraud Users of the Services, or collect, or attempt to collect, personal information about Users or third parties without their consent;
8.12 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, Licensed Educational Content, Licensed Educational Code, or User Content, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services, Licensed Educational Content, Licensed Educational Code, or User Content;
8.13 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.14 modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent expressly permitted by Prosperity Life, LLC herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or
8.15 intentionally interfere with or damage operation of the Services or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
9. Third-Party Sites, Products and Services; Links. The Services may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Prosperity Life, LLC does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK.
10. Term and Termination.
10.1 Term. These Terms shall remain in full force and effect while you use the Services unless your account is terminated as provided in these Terms, in which case you no longer have the right to use the Services.
10.2 Termination by Prosperity Life, LLC. Prosperity Life, LLC, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate any account (or any part thereof) you may have with Prosperity Life, LLC or your use of the Services and remove and discard all or any part of your account, User profile, and User Content, at any time. Prosperity Life, LLC may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have, or portion thereof, may be affected without prior notice, and you agree that Prosperity Life, LLC will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Prosperity Life, LLC may have at law or in equity. As discussed herein, Prosperity Life, LLC does not permit copyright, trademarks, or other intellectual property infringing activities on the Services, and will terminate access to the Services, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
10.3 Termination by You. Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of Prosperity Life, LLC in operating the Services, or (v) any content or information transmitted through the Services, is to terminate the Terms and your account. You may terminate these Terms at any time (prospectively only) by deleting your login account with the Services and discontinuing use of any and all parts of the Services.
10.4 Termination of School Personnel, Child and Student Accounts. Certain Users (e.g., Parent Users and School Personnel) may terminate these Terms with respect their account or to a Child or Student User account that was created by them or at their direction, as provided in this Section.
(a) Termination by School Personnel. School Personnel may terminate use of the Services individually and/or with respect to School Accounts created by such School Personnel at any time by contacting us at email@example.com, provided, however, that an Institution may require satisfaction of certain requirements before School Personnel can terminate accounts created for school use. Prior to termination of School Accounts at the direction of School Personnel, Prosperity Life, LLC may invite Users, or parents or legal guardians of Students, to establish and maintain a personal account for purposes of retaining any content generated or provided and owned by Users under these Terms (including such User’s learning activity). Any such Personal accounts will be established under Prosperity Life, LLC’s standard account opening process, including parent consent for Users under the age of 18.
(b) Termination by Parents. As a Parent User, if you created a Child account on the Services and have a Parent User account associated with the Child account, you can terminate your Child’s login account through the account profile, or by contacting our customer support team at firstname.lastname@example.org, although we may need to verify your identity prior to taking any action with respect to the account. Parents of Students who are using School Accounts created by or at the direction of your Child’s teacher in school may first need to contact your child’s school to request termination.
10.5 Responsibility for Pre-Termination activity. Termination of the Terms as to any User account will not limit Prosperity Life, LLC’s rights and remedies regarding any breach of these Terms occurring prior to such termination.
11. Representations and Warranties. You warrant, represent and agree that you will not provide any User Content or otherwise use the Services in a manner that (i) infringes, violates or misappropriates another’s intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render Prosperity Life, LLC in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws (collectively, “Applicable Law”); (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account or the Services in any way, such as allowing someone else access to your account or password or submitting User Content that contains viruses. Additionally, you represent, warrant and agree that (i) you possess all rights necessary to provide your User Content and grant Company the rights in these Terms; (ii) you will comply with Applicable Laws in connection with your use of the Service; and (iii), if you are School Personnel, you understand that you are solely responsible for providing notices and obtaining consents required by Applicable Laws for students to use the Services or to provide User Content, including compliance with the applicable provisions of FERPA and COPPA when using School Consent.
12. Indemnification. You agree, to the extent permissible under your state’s laws, to indemnify, defend, and hold harmless Prosperity Life, LLC, and its parent, successors, affiliated companies, contractors, officers, directors, employees, agents and its third-party suppliers, licensors, and partners (“Prosperity Life, LLC Parties”) from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand made by any third-party relating to or arising out of (i) your access to, use or misuse of the Services; (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) any breach of the representations, warranties, and covenants made herein, whether by you or by any Child User or School User whose account you have approved as a Parent User or School Personnel; (iv) your failure to comply with Applicable Laws (including any failure to obtain or provide any necessary consent or notice); (v) the infringement by you or any third-party using your account of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content, or (vi) your breach or alleged breach of any interaction, agreement, or policy between you and any other Users. Prosperity Life, LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Prosperity Life, LLC, and you agree to cooperate with Prosperity Life, LLC’s defense of these claims. You agree not to settle any such matter without the prior written consent of Prosperity Life, LLC. Prosperity Life, LLC will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
13. Disclaimers; No Warranties
13.1 No Warranties. THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT (WHETHER OWNED OR LICENSED), USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE (THE “PROSPERITY LIFE, LLC OFFERINGS”), ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE PROSPERITY LIFE, LLC PARTIES DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AVAILABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROSPERITY LIFE, LLC OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
13.2 Content. PROSPERITY LIFE, LLC, AND THE PROSPERITY LIFE, LLC PARTIES, DO NOT WARRANT THAT THE WEBSITE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. PROSPERITY LIFE, LLC AND THE PROSPERITY LIFE, LLC PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT (1) THE PROSPERITY LIFE, LLC OFFERINGS WILL (A) MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE TO YOUR LIKING, OR (B) WILL BE TIMELY, SECURE, ACCURATE, FREE FROM ERRORS OR LOSS, OR UNINTERRUPTED, (2) THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (3) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME FEATURES MAY BE NEW OR EXPERIMENTAL AND MAY NOT HAVE BEEN TESTED IN ANY MANNER.
13.3 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE WEBSITE (INCLUDING THROUGH ANY API’S) IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.
13.4 Limitations by Applicable Law. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
14. Limitation of Liability and Damages.
14.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL PROSPERITY LIFE, LLC OR THE PROSPERITY LIFE, LLC PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) EVEN IF PROSPERITY LIFE, LLC OR A PROSPERITY LIFE, LLC PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR RELATING (i) TO THE TERMS; (ii) YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR THE PROSPERITY LIFE, LLC OFFERINGS, OR (iii) ANY OTHER INTERACTIONS WITH PROSPERITY LIFE, LLC OR ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE PROSPERITY LIFE, LLC OFFERINGS, INCLUDING OTHER USERS,. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PROSPERITY LIFE, LLC’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14.2 Limitation of Damages. IN NO EVENT WILL PROSPERITY LIFE, LLC’S OR THE PROSPERITY LIFE, LLC PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU TO PROSPERITY LIFE, LLC, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
14.3 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT PROSPERITY LIFE, LLC HAS OFFERED THE WEBSITE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND PROSPERITY LIFE, LLC, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PROSPERITY LIFE, LLC. PROSPERITY LIFE, LLC WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
14.3 User Interactions and Release.
(a) User Disputes. Prosperity Life, LLC is not responsible for the actions, content, information or data of other third parties, including other Users. You are solely responsible for your interactions with other users of the Services, and any other parties with whom you interact through the Service. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person. We reserve the right, but have no obligation, to become involved in any way with these disputes.
(b) Release. If you have a dispute with one or more Users, you release us (and the Prosperity Life, LLC Parties) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. If you are a California resident, you waive your rights under California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive your rights under any applicable statutes of a similar effect, to the fullest extent permissible under applicable law.
15. Miscellaneous (Including Dispute Resolution and Arbitration).
15.1 Notice. Prosperity Life, LLC may provide you with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Services, or other reasonable means. Notice will be deemed given twenty-four hours after email is sent, unless Prosperity Life, LLC is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on the Services are deemed given 30 days following the initial posting. Any notices directed to Prosperity Life, LLC shall be sent by e-mail to email@example.com.
15.2 Waiver. The failure of Prosperity Life, LLC to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Prosperity Life, LLC.
15.3 Governing Law. The Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction.
15.4 Dispute Resolution and Arbitration. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
(a) Generally. In order to expedite and control the cost of disputes, Prosperity Life, LLC and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to your use of the Services or these Terms (“Dispute”) will be resolved as follows to the fullest extent permitted by law:
(b) Notice of Dispute. In the event of a Dispute, you or Prosperity Life, LLC must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution (a “Notice of Dispute”). You must send any Notice of Dispute by e-mail to firstname.lastname@example.org. Prosperity Life, LLC will send any Notice of Dispute to you by first class U.S. Mail to your address if Prosperity Life, LLC has it, or otherwise to your e-mail address. You and Prosperity Life, LLC will attempt in good faith to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Prosperity Life, LLC may commence arbitration.
(c) Binding Arbitration. Any Dispute which has not been resolved by negotiation as provided herein within sixty (60) days or such time period as you and Prosperity Life, LLC may otherwise agree, shall be finally resolved by binding arbitration as described in this Section 15.4. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. The place of arbitration shall be Orange County, Florida. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
(d) Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor Prosperity Life, LLC will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
(e) Arbitration Procedures. Any arbitration will be conducted by JAMS under the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) in effect at the time the Dispute is filed. You may request a telephonic or in-person hearing by following the JAMS Rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. To the extent the forum provided by JAMS is unavailable, Prosperity Life, LLC and you agree to select a mutually agreeable alternative dispute resolution service and that such alternative dispute resolution service shall apply the JAMS Rules. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief to you only individually, and only to the extent required to satisfy your individual claim.
(f) Arbitration Fees. Whoever files the arbitration will pay the initial filing fee. If Prosperity Life, LLC files, then Prosperity Life, LLC will pay; if you file, then you will pay unless you get a fee waiver under the applicable arbitration rules. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
(g) Filing Period. To the extent permitted by law, any Dispute under these Terms must be filed within one (1) year in an arbitration proceeding. The one-year period begins when the events giving rise to the Dispute first occur. If a Dispute is not filed within one year, it is permanently barred.
(h) Venue. In the event that any Dispute cannot be resolved by binding arbitration in accordance with this Section 15.4, you agree that such Dispute will be filed only in the state or federal courts in and for Orange County, Florida, and each of you and Prosperity Life, LLC hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purpose of litigating any such action. Notwithstanding this, Prosperity Life, LLC shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.
15.5 Severability. If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
15.6 Assignment. The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Prosperity Life, LLC’s prior written consent, but may be assigned by Prosperity Life, LLC without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
15.7 Survival. Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 2, 4 through 6, 7.1, 7.4, 7.5, and 8 through 15.
15.8 Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
15.10 Disclosures. The Services are hosted in the United States, and the services provided hereunder are offered by Prosperity Life, LLC: email@example.com
15.11 Notice Regarding Apple. You acknowledge that these Terms are between you and Prosperity Life, LLC only, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the applicable mobile application to you, if any; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Services. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary of the Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.