Terms and Conditions

Last Updated: August 30, 2024

Welcome to Flourish, an educational application provided by the Iliff School of Theology ("Iliff," "we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of the Flourish application ("Application"), which offers short courses, educational resources, events, certifications, announcements, and blogs. By accessing or using the Application, you agree to be bound by these Terms.
2. Eligibility To use the Application, you must be at least 18 years of age or the legal age of majority in your jurisdiction, whichever is greater. By using Flourish, you represent and warrant that you meet these eligibility requirements.

3. Account Registration

● 3.1 Registration Process: To access courses, resources, or participate in events, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and are liable for all activities that occur under your account.
● 3.2 Account Information: You agree to provide and maintain accurate, current, and complete information during registration and at all other times. If we suspect that the information you provided is inaccurate or incomplete, we reserve the right to suspend or terminate your account.

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4. Use of the Application

● 4.1 Educational Content: The Application provides access to short courses, PDFs, videos, podcasts, and other educational resources. All content provided through the Application is for your personal, non-commercial use unless otherwise stated.
● 4.2 Certification: Users may receive certificates upon successful completion of certain courses. Certification requirements and processes will be clearly outlined for each course eligible for certification.
● 4.3 Events and Announcements: The Application allows users to join events and access announcements related to educational opportunities and community activities. Participation in these events may be subject to additional terms and conditions.

5. User Content and Conduct

● 5.1 User Contributions: The Application may allow users to post comments, blogs, or other content ("User Content"). You retain ownership of your User Content, but you grant Iliff a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, and display your User Content in connection with the Application.
● 5.2 Prohibited Conduct: You agree not to:
○ Post content that is unlawful, defamatory, obscene, or otherwise objectionable.
○ Use the Application for any commercial purpose without express permission from Iliff.
○ Engage in any activity that interferes with or disrupts the Application or its users.
○ Impersonate another person or misrepresent your affiliation with any person or entity.
● 5.3 Content Moderation: Iliff reserves the right, but is not obligated, to review, edit, or remove any User Content that violates these Terms or is otherwise objectionable.

6. Intellectual Property

● 6.1 Application Content: All content provided on or through the Application, including text, graphics, logos, videos, podcasts, PDFs, and other materials, is the property of Iliff or its licensors and is protected by copyright, trademark, and other intellectual property laws.
● 6.2 Limited License: You are granted a limited, non-exclusive, non-transferable license to access and use the Application and its content for personal, non-commercial purposes only. Any unauthorized use of the content may violate intellectual property laws and is strictly prohibited.

7. Payment and Subscription

● 7.1 Fees: Some courses, events, or resources may require payment or a subscription. All applicable fees will be clearly disclosed, and you agree to pay all fees associated with your use of the Application.
● 7.2 Payment Terms: Payments for courses or subscriptions must be made using a valid payment method. All payments are non-refundable unless otherwise stated in the course or subscription terms.

8. Third-Party Links and Resources

● 8.1 Third-Party Content: The Application may contain links to third-party websites, resources, or services. Iliff is not responsible for the content, availability, or privacy practices of third-party websites and does not endorse or assume liability for any third-party content.
● 8.2 Interactions with Third Parties: Your interactions with third-party websites or services are solely between you and the third party. Iliff is not responsible for any loss or damage resulting from such interactions.

9. Termination of Use

9.1 Termination by Iliff: We may suspend or terminate your access to the Application, with or without cause, and with or without notice, if you violate these Terms or engage in conduct that we determine is harmful to the Application or other users.
● 9.2 Termination by User: You may terminate your account at any time by following the instructions within the Application. Upon termination, your right to use the Application will immediately cease, and any licenses granted to you under these Terms will terminate.

10. Disclaimer of Warranties

● 10.1 "As-Is" Basis: The Application and all content and services provided therein are offered on an "as-is" and "as-available" basis. Iliff makes no warranties, express or implied, regarding the Application, including but not limited to the accuracy, completeness, reliability, or availability of any content or services.
● 10.2 No Guarantee of Results: Iliff does not guarantee that you will achieve any specific results or outcomes from using the Application or completing any courses.

11. Limitation of Liability

● 11.1 Limitation: To the fullest extent permitted by law, Iliff, its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Application, whether based on contract, tort, or any other legal theory.
● 11.2 Maximum Liability: In no event shall Iliff's aggregate liability for all claims related to the Application exceed the amount paid by you to Iliff, if any, for access to the Application in the 12 months preceding the event giving rise to the liability

12. Indemnification

n You agree to indemnify, defend, and hold harmless Iliff, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or in any way connected with: ● Your use of the Application.
● Your violation of these Terms.
● Your violation of any third-party rights, including intellectual property or privacy rights.
● Any User Content or other content you submit through the Application.

13. Governing Law and Dispute Resolution

● 13.1 Governing Law: These Terms and any dispute arising out of or relating to them will be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles.
● 13.2 Dispute Resolution: Any disputes arising out of or relating to these Terms or the Application shall be resolved through binding arbitration conducted by the American Arbitration Association under its rules. The arbitration shall take place in Denver, Colorado, and the arbitrator’s decision shall be enforceable in any court of competent jurisdiction.

14. Changes to Terms

● 14.1 Modification: Iliff reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms within the Application. Your continued use of the Application after the posting of any modifications constitutes your acceptance of those changes.
● 14.2 Review of Terms: We encourage you to review these Terms periodically to stay informed about any updates.

15. Miscellaneous

● 15.1 Entire Agreement: These Terms constitute the entire agreement between you and Iliff regarding your use of the Application and supersede any prior agreements or understandings.
● 15.2 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
● 15.3 No Waiver: The failure of Iliff to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
● 15.4 Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Iliff’s prior written consent. Iliff may assign or transfer these Terms at its sole discretion without restriction.

16. Contact Information

If you have any questions or concerns regarding these Terms or the Application, please contact us at:
Iliff School of Theology
2323 E. Iliff Ave.
Denver, Colorado 80210
Flourish@iliff.edu
303.744.1287