Highlands Resources Terms of Use and Privacy Policy

Highlands Resources Terms of Use and

Updated September 26, 2023

Acceptance of these Terms of Use

These Terms of Use (“Terms”) are our terms of service that govern our relationship between

You (the “User”) and Church of the Highlands concerning the Highlands Resources website

located at https://resources.churchofthehighlands.com/ (“Site”). By using or accessing the Site,

or any content on the Site, You agree to these Terms. These Terms supersede any prior

agreements between You and Church of the Highlands with respect to the Site and its resources.

Any failure to exercise or enforce any right or provision of these Terms shall not constitute a

waiver of the listed rights or provisions.

Please carefully read these Terms as well as the Privacy Policy that follows before You start

using the Site.

Definitions

Highlands Resources is owned and operated by Church of the Highlands, Inc., which we’ll refer

to as “Highlands” “Highlands Resources,” “us,” or “we” throughout these Terms and the Privacy

Policy.

We allow use of the Site (https://resources.churchofthehighlands.com) by registered and

approved users, which we call “Members.” Members and Users are collectively referred to in

this policy as “You(r).”

“Content” means all creative works and other materials accessible on the Site or made available

through Church of the Highlands staff including, but not limited to “Resources” and “Courses.”

1) “Courses” typically include instructional videos and links to “related content” that

include written, digital, or print resources to aid Your ministry.

2) “Resources” typically include, but are not limited to, the following: written or video

curriculum, written guides, message series notes, forms, graphics, artwork, series

opener videos, checklists, manuals, handbooks, service flows, conference materials,

instructional materials, templates, model documents, worksheets, discussion guides,

signage, text, music, audio, data, and all intellectual property associated with any of

the foregoing.

“Church” means a nonprofit 501(c)(3) organization that has the purpose of leading others to

Christ.

License Grant

Church of the Highlands grants You a non-exclusive, non-transferable, terminable, limited

license to use the Site and the Content in accordance with these Terms and as specified below

(the “License”). Church of the Highlands reserves the right to terminate all or part of Your

License at any time for any reason.

VIDEO CONTENT: For Course or Resources from which You may access or download a

Video file, Church of the Highlands grants You the following rights to the Video file and its

content:

1. Any Video NOT labeled “Example” is available to publicly perform for Your Church

congregation to advance its ministry purposes, either via video playback, in-person

teaching, or to make a digital copy of the non-Example Videos to make derivative works.

Otherwise, no rights are granted to sell or distribute digital copies in any manner.

2. Any Video labeled “Example” is for initial internal training purposes with Your staff

only and not for public display or distribution. Once Your staff is trained, we encourage

You to create Your own resources appropriate for Your context to further develop Your

ministry teams.

o PLEASE NOTE: This limitation includes Freedom Videos which are intended

for initial use with Your Freedom ministry launch team only. Once Your staff

has completed Freedom and is trained to lead their own groups, You should

develop Your own digital content based on the examples provided, while

maintaining the appropriate context and integrity of the curriculum. Freedom

small group videos and conference videos are NOT available for public

performance. In addition, Freedom-related videos and curricula downloaded

from this Site should not be re-posted publicly.

ADDITIONAL RESOURCES: For all other materials not labeled “Video” (referred to herein

as “Additional Resources”), Church of the Highlands grants You the following license:

1. To publicly perform the Additional Resources.

2. To use the Additional Resources to create derivative works.

3. To reproduce and distribute copies of the Additional Resources and derivative works for

Your internal use, but not for resale or commercial distribution.

4. To create awareness for events and services at Your Church via social media.

5. To upload the Additional Resources and derivative works to Your Church’s website,

provided that streaming from Your Church’s website does not require You to extend or

grant any of Your rights to a third-party public hosting service (i.e., YouTube, Facebook,

Ning, etc.), which is expressly prohibited. Hosting or streaming through private services

or accounts is allowed.

COURSES: For training videos, articles, posts, podcasts, and audio files found in the “Courses”

section of the Site and their coordinating discussion guides and resources, Church of the

Highlands grants Your Church the following rights:

1. To view with the intent of educating Yourself or Your staff or volunteers.

2. To reproduce and distribute copies of the training guides and resources for Your internal

use and not for resale or commercial distribution.

The above rights may be exercised in all media and formats. All rights not expressly granted by

Church of the Highlands are hereby reserved. Nothing in these Terms or the License and rights

granted herein is intended to reduce, limit, or restrict any rights arising from fair use, first sale or

other limitations on the exclusive rights of the copyright owner under copyright law or any other

applicable laws.

License Restrictions

The License set forth in these Terms is subject to and limited by the following restrictions:

1. You and Your Church agree to maintain a high level of integrity, quality and biblical

consistency in the programs in which Your Church uses the Content.

2. You and Your Church may not exercise any of the rights granted under these Terms for

any purpose other than leading people to become fully devoted followers of Christ.

3. Except as specifically provided for in the license set forth in these Terms, You and Your

Church may not use any trademark, service mark, insignia of source or logo owned by

Church of the Highlands or otherwise act in a manner that represents You are Church of

the Highlands or are affiliated with Church of the Highlands.

4. You and Your Church may not sublicense any rights granted under these Terms.

5. You and Your Church may not distribute, publicly display, publicly perform, or publicly

digitally perform any of Church of the Highlands’ Content with any technological

measures that control access or use in a manner inconsistent with these Terms.

6. You and Your Church may not exercise any of the rights granted under these Terms in

any manner that is intended for or directed toward commercial advantage or monetary

compensation.

7. Nothing herein shall be construed to place the parties in an agency, legal partnership or

joint venture relationship, and You shall not have the power to bind or obligate Church of

the Highlands in any manner.

Notwithstanding anything to the contrary herein, Church of the Highlands reserves the right to

terminate and revoke all or some of the rights granted hereunder temporarily and permanently in

the event that Church of the Highlands believes, in its sole discretion, that Your use or intended

use of Content or exercise or intended exercise of any rights granted hereunder is or may be

inconsistent with Church of the Highlands’ message or threatens harm to its reputation or

goodwill.

By using this Site, You agree that if you are contacted by Church of the Highlands about

the improper use of Content that violates the terms of this License, that You and Your

Church will make every effort to correct any improper use, including, but not limited to,

removing Content from sites that may provide public access (ex., websites, the internet,

social media, streaming platforms, Amazon marketplace, etc…).

Registration and Account Security

If You choose, or are provided with, a username, password, or similar information as part of our

security procedures, You agree to treat such information confidential, and agree to notify us

immediately of any unauthorized access to or use of Your user name or password or any other

breach of security. We have the right to disable any username, password or other identifier,

whether chosen by You or provided by us, at any time if, in our opinion, You have violated any

provision of these Terms.

Here are some commitments You make relating to registering and maintaining the security of

Your account:

1. You will not provide any false personal information or create an account for anyone other

than Yourself without permission;

2. If we disable Your account, You will not create another one without our express written

permission;

3. You will not use the Site if You are under the age of 18.

4. You will keep Your contact information accurate and up-to-date; and

Disclosure of Your Identity and Content

You acknowledge, consent, and agree that we may access, preserve, and disclose Your personal

account information if required to do so by law or in a good faith belief that access, preservation,

or disclosure is reasonably necessary to:

1. comply with the law or legal process;

2. enforce these Terms;

3. respond to claims that any Content violates the rights of third parties;

4. respond to Your requests for customer service; and/or

5. protect our rights, property, or personal safety, our Users and the public.

Legal Terms

All matters, disputes or claims relating to Highlands Resources, the Site, and these Terms

(including non-contractual disputes or claims), shall be governed by and construed in accordance

with the internal laws of the State of Alabama without giving effect to any choice or conflict of

law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these

Terms, Highlands Resources, or the Site shall be instituted exclusively in the federal courts of

the United States or the courts of the State of Alabama in each case located in the City of

Birmingham, Jefferson County. By agreeing to these Terms and using the Site, You waive any

and all objections to the exercise of jurisdiction over You by such courts and to venue in such

courts.

The Site and the Content are provided to You free of charge and are therefore provided on an

“AS IS” BASIS WITHOUT ANY CONDITIONS OF ANY KIND, EITHER EXPRESS OR

IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS

OF TITLE, NON-INFRINGEMENT, WARRANTY OF MERCHANTABILITY OR FITNESS

FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT THE SITE WILL

ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS

FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.

You and Your Church are solely responsible for determining the appropriateness of using or

redistributing the Content and assume any risks associated with use under the license set forth in

these Terms. In no event and under no legal theory, whether in tort (including negligence),

contract, or otherwise, will Church of the Highlands or its Staff be liable to You or Your Church

for damages, including any direct, indirect, special, incidental, or consequential damages of any

character arising as a result of this License or out of the use or inability to use the Site or its

Content (including but not limited to damages for loss of goodwill, work stoppage, computer

failure or malfunction, or any and all other commercial damages or losses). You and Your

Church acknowledge that the Content is valuable property owned exclusively by Church of the

Highlands and agree that You will not challenge or dispute Licensor’s exclusive rights in and to

the Content.

Church of the Highlands may only waive its rights under these Terms in writing. If any provision

of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal

or unenforceable for any reason, such provision shall be eliminated or limited to the minimum

extent such that the remaining provisions of these Terms will continue in full force and effect.

You agree that, except as otherwise expressly provided within these Terms, there shall be no

third-party beneficiaries to this agreement.

Except where prohibited by law, in no event will we be liable to You for any direct, indirect,

consequential, exemplary, incidental or punitive damages, including lost profits, even if we have

been advised of the possibility of such damages.

You agree that any violation by You of these Terms will constitute an unlawful and unfair

business practice, and will cause irreparable harm to us, for which monetary damages would be

inadequate, and You consent to us obtaining any injunctive or equitable relief that we deem

necessary or appropriate in these circumstances. These remedies are in addition to any other

remedies we may have at law or in equity.

Indemnity

You agree to indemnify and hold Church of the Highlands, our pastors, staff, overseers, elders,

directors, employees, agents, subsidiaries and affiliates (collectively “Indemnified Parties”),

harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made

against the Indemnified Parties by any third party due to or arising out of or in connection with

Your use of the Site or Content AND also Your breach of this license or use of the Content.

Geographic Restrictions

Church of the Highlands is based in the state of Alabama in the United States. We make no

claims that the Site or any of its Content is accessible or appropriate outside of the United States.

Access to the Site or Content may not be legal by certain persons or in certain countries. If You

access the Site from outside the United States, You do so on Your own initiative and are

responsible for compliance with local laws, and You consent to having Your personal data

transferred to and processed in the United States.

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All information Church of the Highlands collects on or through the Site is subject to our Privacy

Policy. By using the Site, You agree to our Privacy Policy and its terms (below) and consent to

having Your data transferred to and processed in the United States. We do not share Your

personal data with any third-party advertisers or ad networks for their advertising purposes.

We use data that we collect about You or that You provide to us, including any personal

information, as follows:

1. To provide You with Highlands Resources, and any other information or services that

You request from us;

2. To contact You through our third-party communication vendor;

3. To carry out our obligations and enforce our rights under this Privacy Policy and our

4. To provide, improve, and personalize the Site;

5. To gather aggregated data in order to examine Site use and trends for research and

development;

6. With contractors, service providers and other third parties we use solely to support our

mission (such as cloud hosting, maintenance, analysis, audit, fraud detection,

communication, and development);

7. In any other way we may describe when You provide the information (ex., displaying

written public reviews of the Site);

8. To share with GrowLeader so that they can communicate with You about upcoming

opportunities, events, or publications they may offer; and

9. To extend ministry opportunities and information to You from Church of the Highlands

and its staff; and

10. To fulfill any other purpose with Your consent.

Your ability to access Highlands Resources is not contingent on You providing us with Your

personal information, and You may decline to submit personal information to us, however, that

may prohibit us from providing You Site access, certain Highlands Resources content, and/or

functionality.

Service Use. We log usage data when You use the Site, including when You view or click on

content, browser type, browser language, perform a search or request, the date and time of Your

request, install an update, seek new functionality, or use one or more tools offered through

Highlands Resources. We use log-ins, device information internet protocol (“IP”) addresses, and

cookies and similar technologies to identify You and log Your use.

Your Communications Directly To Us. We collect information about You when You send,

receive, or engage with messages with us. We retain those communications to process Your

inquiries, respond to Your requests, and improve our services.

Outside Links. This Privacy Policy applies only to sites and apps that are owned and operated

by Highlands Resources. Please keep in mind that the Site may contain links to other websites or

apps. You are responsible for reviewing the privacy statements and policies of those other

websites You choose to link to or from Highlands Resources or the Site. We are not responsible

for the privacy statements, policies or content of other websites or apps, including websites You

link to or from the Site.

Your Rights. For personal data that we have about You, You have the following rights:

• Deletion: You may ask us to erase or delete all or some of Your personal data. Please

note that doing so may limit Your ability to use certain functionality of the Site. Please

note that an email address is required to have a Site account.

• Correction/Modification: You may edit some of Your personal data through Your

account or ask us to change, update, or fix Your data in certain cases, including if it’s

inaccurate.

• Object to, or Limit or Restrict, Use of Data: You can ask us to stop using all or some of

Your personal data (for example, if we have no legal right to keep using it) or to limit our

use of it (for example, if Your personal data is inaccurate or unlawfully held).

• Right to Access and/or Take Your Data: You can ask us for a copy of Your personal data

You provided to us.

To make these or any other requests with respect to Your personal information, You may send us

an e-mail to [email protected]. We may decline to process requests if we

cannot verify the requestor's identity, if we believe the change would violate any law or legal

requirement or cause the information to be incorrect, or for a similar legitimate purpose. If You

choose to close Your account or ask that we modify or delete some or all of Your personal

information, we will retain Your personal data if reasonably necessary to comply with our legal

obligations, meet regulatory requirements, resolve disputes, maintain security, prevent fraud and

abuse, enforce our Terms of Use or fulfill any others requests from You (for example, to opt-out

of further messages or for a copy of Your data).

Notice to California Residents – California Privacy Rights

If You are a California resident and have provided us with personal information, California law

requires that we provide You with a summary of Your privacy rights under the California Online

Privacy Protection Act (the “Act”) and the California Business and Professions Code. As

required by the Act, we will provide You with the categories of personally identifiable

information that we collect through the Site and the categories of third-party persons or entities

with whom such personally identifiable information may be shared for direct marketing purposes

at Your request. California law requires us to inform You, at Your request, (1) the categories of

personally identifiable information we collect and what third parties we share that information

with; (2) the names and addresses of those third parties; and (3) examples of the products

marketed by those companies. The Act further requires us to allow You to control who we can

and cannot share that information with. To obtain this information, please send a

[email protected] and include the phrase “California Privacy Request” in

the subject line. When contacting us, please indicate Your name, address, email address, and

what personally identifiable information You do not want us to share with third parties. Please

allow thirty (30) days for a response.

Security and Protection

We implement industry-standard security safeguards designed to protect Your data. These

include using encryption for Your data while it is being transmitted between Your device or

browser and our servers. However, given the nature of communications and information

technology, and that the use of the internet has inherent risks, although we regularly monitor for

possible vulnerabilities and attack, we cannot warrant or guarantee that information provided to

us through the Site or stored in our systems or otherwise will be absolutely free from

unauthorized intrusion by others, nor can we warrant or guarantee that such data may not be

accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or

managerial safeguards.

Users From Outside the United States

Highlands Resources is offered in and from Alabama within the United States and Your use of

the Site and this Privacy Policy is governed by the laws of the United States and the State of

Alabama. If You are using the Site from outside the United States, please be aware that Your

information may be transferred to, stored, and processed in the United States where our servers

are located and our central database is operated. We process data both inside and outside of the

United States and rely on legally-provided mechanisms to lawfully transfer data across borders.

This includes contractual commitments between us and companies transferring personal data that

require the protection and security of such data. The data protection and other laws of the State

of Alabama, the United States, and other countries might not be as comprehensive as those in

Your country. By using the Site, You consent to Your information being transferred to our

facilities and to the facilities of those third-parties with whom we share it with as described in

this Privacy Policy.

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Changes to Our Privacy Policy or Terms of Use

We may update our Privacy Policy or the Terms of Use outlined above to reflect changes in our

practices at our discretion. Any changes are effective when we post them. Your continued use of

the Site following the posting of revised Terms means that You accept and agree to the changes.

We will post any changes to our Privacy Policy or Terms on this page. If we make material

changes to how we treat our users’ personal information, we will provide a notice that the

identified at the top of the page. You are responsible for ensuring we have an up-to-date active

and deliverable email address for You, and for periodically visiting this Privacy Policy and the

Contact Information

To ask questions or comment about these Terms of Use or the Privacy Policy, You may contact

us via email at [email protected].