Terms of Use

 

Pillar Learning Speech Processing & 

Parent App Terms of Use 

 

Welcome to Pillar Learning! Pillar Learning, LLC., a Florida limited liability corporation creates interactive storytelling toys (“Pillar Learning Toys”) with content delivery, voice speaking and recording capabilities for the purposes of engaging with and educating children, and a companion mobile application for parents (the “Parent App”). 

For purposes of these Terms of Use (the “Terms”), the defined terms herein shall have the same meanings as in the Glossary included in the Privacy Policy. “Company”, “Pillar Learning”, “we”, “us” or “our” means Pillar Learning, LLC. and its directors, officers, employees, agents, representatives, investors and assigns. “User,” “you” and “your” means each person who accesses or uses the Parent App or the Services (including, but not limited to, your children), whether or not such person personally installed the Parent App or personally uses the Services. “Your child” or “your children” refers to your child or children, or a child or children under your guardianship or supervision. The term “Pillar Learning Site” includes all internet-based properties owned and operated by Pillar Learning, including but not limited to www.pillarlearning.com, Pillar Learning Toys, the Parent App, and web applications. The Pillar Learning “Services” are defined to include the Pillar Learning Site, its features, applications, algorithms, data and products, including speech-processing services relating to your child’s interactions with Pillar Learning Toys. 

 

Please read the following terms carefully before you register for a User Account, you or your child use the Pillar Learning Services, or you use the Parent App. The Company offers access to the Pillar Learning Site and Services to its Users, conditioned on your acceptance without modification of the terms, conditions and notices contained in these Terms and the Company’s Privacy Policy. These terms constitute a binding and enforceable agreement by and between you and Pillar Learning. 

 

GENERAL USE OF PILLAR LEARNING TOYS, SITE AND SERVICES 

 

By registering for a User Account, or otherwise accessing or using the Pillar Learning Site and Services, you acknowledge that you have read, understand, and agree to be bound by the following Terms and the Privacy Policy, as they each may be modified from time to time, and all applicable laws. If at any time you don’t agree to these Terms and the Privacy Policy, please immediately discontinue your use of the Pillar Learning Site and Services. IF YOU DO NOT AGREE TO ALL OF THESE TERMS CONTAINED HEREIN, PILLAR LEARNING DOES NOT GRANT YOU (OR YOUR CHILD) THE RIGHT TO USE THE PILLAR LEARNING SITE AND SERVICES. 

 

Additional features, applications, activities and services offered as part of the Pillar Learning Site and Services may also be subject to additional terms specified in connection with such features, applications, activities and services, all of which are incorporated into these Terms by reference. 

 

Your privacy is important to us. Our Privacy Policy is hereby incorporated into these Terms by reference. Please read it carefully for details relating to the collection, use and disclosure of your information. 

 

Because the Pillar Learning Site and Services change from time to time, Pillar Learning reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms or the Privacy Policy at any time without notice. Please check the Terms and Privacy Policy periodically for changes. While non-material changes to these Terms are effective immediately, any material changes to these Terms will automatically be effective thirty (30) days after they are initially posted on the Pillar Learning Site. If you disagree with any changes or modifications, please stop using the Site and Services within the notice period. Your continued use of the Pillar Learning Site and Services after the posting of changes will constitute your acceptance of such changes. 

 

The Pillar Learning Site and Services are for personal, non-commercial use only. Users may not solicit or sell through the Pillar Learning Site and Services. You agree not to sell or commercially exploit the Pillar Learning Site or Services, access to the Pillar Learning Site or Services, or their content in any manner. 

 

USER ACCOUNTS & THE PARENT APP 

 

In order to use the Pillar Learning Services as part of the setting up process, parents must first register for a User Account within the Parent App. The features of Pillar Learning Toys will not work without a linked User Account. 

 

As further described in the Privacy Policy, when you sign up for a User Account within the Parent App, you may provide us with a combination of Personal Information and Non-Personal Information. By creating a User Account and using the Site and Services, you certify that you provide consent for use of the Site and Services by you and your child. We also obtain parental consent for use of the Site and Services using an approved method under the Children’s Online Privacy Protection Act (COPPA). 

 

In consideration for your use of the Pillar Learning Site and Services, you agree to: (1) provide true, accurate, current and complete information about yourself during the Parent App’s registration process (“Registration Data”); (2) maintain the security of your User Account login and password; and (3) keep your Registration Data and any other information you provide to us current, accurate and complete. 

 

As part of the installation and setup process to set up the Pillar Learning Toy and Parent App, you must (1) agree to these Terms and the Privacy Policy; (2) set up WiFi on the Pillar Learning Toy; and (3) pair the Pillar Learning Toy to your Parent App. The Parent App and Pillar Learning Toy will walk you through this process of setting up, pairing and installation. 

 

By installing the Google App, you must agree to Google’s privacy policy, terms of use and rules governing the Google App, as they may be updated from time to time, available at: 

https://www.google.com/policies/ 

 

You also agree to comply with the privacy policy and any terms of use of apkmirror.com, a third party source of Android package kits (APKs), as they may be updated from time to time, currently avaiable at: 

https://www.apkmirror.com/apkmirror-com-privacy-policy/ 

 

By creating a User Account and using the Site and Services, you are certifying that you are authorized to provide any such consent. You are responsible for all activities and use of the Site and Services under your User Account. 

 

You may not assign or otherwise transfer your User Account to any other person or entity. You acknowledge that Pillar Learning is not responsible for third party access to your account that results from theft or misappropriation of your User Account. You agree to immediately notify us of any unauthorized use of your User Account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited to your situation and intended uses of the Pillar Learning Site and Services. You shall not create multiple User Accounts for your own use or open a User Account for anyone else. 

 

The Pillar Learning Site and Services are controlled and offered by Pillar Learning from its facilities in the United States of America. Pillar Learning makes no representations that the Pillar Learning Site and Services are appropriate or available for use in other locations. Access to the Pillar Learning Site and Services from territories where access or use thereof is illegal is strictly prohibited. Pillar Learning Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, and privacy. 

 

The Pillar Learning Site and Services are intended for Users in the United States. By accessing the Pillar Learning Site or providing us data, you agree that we may use and disclose the data we collect as described herein or otherwise communicated to you, transmit it outside of your resident jurisdiction, and store it on Amazon’s servers in the United States or localized to your location. 

 

You acknowledge, consent and agree that Pillar Learning may access, preserve and disclose your User Account information, other information relating to you, and information you provide to Pillar Learning, in a good faith belief that such access, preservation, or disclosure is reasonably necessary to (a) comply with any requirement of law, regulation, legal process, or enforceable governmental request; (b) enforce or investigate a potential violation of these Terms; (c) detect, prevent or otherwise respond to fraud, security or technical concerns; (d) protect the rights, property or safety of Pillar Learning, its Users, or the public against harm, or (e) respond to your requests for customer service. 

 

We may suspend or terminate your User Account or your use of the Pillar Learning Site and Services at any time, for any reason or for no reason, including in the event that you violate these Terms, we are unable to verify or authenticate any information you provide to us, or we believe that your actions may cause losses to, or legal liability for, you, other Users of the Services, or us. Suspension and/or termination may include restricting access to and use of the Site and Services, including the Pillar Learning Toy. If we terminate your User Account, we may discard all or any part of your User Account or any information you have provided to us, at any time, with or without notice, and without liability to you or any third-party for any such termination and loss of information. 

 

If your rights with respect to the Site and Services are suspended and/or terminated, you agree to make no further use of the Site and Services, including Pillar Learning Toys and Parent App, during suspension or after termination. Pillar Learning reserves the right, but does not undertake any duty, to take appropriate legal action including, but not limited to, the pursuit of civil, criminal and/or injunctive redress against you for continuing to use the Site and Services during suspension or after termination, and you agree that Pillar Learning may recover its reasonable attorney’s fees and court costs from you for such actions. 

 

We do not permit infringing activities on the Pillar Learning Site or Services. If we suspect or find that any User has infringed the intellectual property rights of us or third parties, we reserve the right to immediately terminate that User’s access to the Pillar Learning Site and Services. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Pillar Learning may have at law or in equity. 

 

Even while your use is suspended and after it is terminated, these Terms will remain enforceable against you. All of the terms and conditions of the Terms, except those Terms granting a license to you to use the Site and Services, survive any termination of these Terms. 

 

If you are dissatisfied with the Pillar Learning Site or Services, please let us know at support@pillarlearning.com. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (i) the Pillar Learning Site and Services, (ii) any of these Terms or the Privacy Policy, or (iii) any of our policies or practices in operating the Pillar Learning Site and Services, is to terminate your use of the Pillar Learning Site and Services and close your User Account. 

 

If you wish to terminate these Terms, stop further collection or use of your child’s Personal Information, including Voice Commands, or to delete your email address, you may choose to permanently delete your User Account by emailing us at support@pillarlearning.com. Please note that, by permanently deleting your User Account or the Parent App, you will disable the functionality of the associated Pillar Learning Toy(s). To reinstate functionality at a later date, you may set up a new User Account using a different email address. 

 

LICENSES GOVERNING THE PARENT APP AND AUDIO RECORDINGS 

 

Subject to the terms, conditions and limitations set forth in the Terms, Pillar Learning grants you a nonexclusive, non-transferable and revocable license to use the Parent App to set up your User Account and enable you and your child to use the Site and Services. The terms of this license will also govern any upgrades provided by Pillar Learning that replace and/or supplement the original Parent App, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. 

 

You agree not to do, or to authorize or permit any third party to do, any of the following: (i) copy, reproduce or distribute the Parent App; (ii) sell, license, rent, assign, lease, lend, redistribute or sublicense the Parent App; (iii) modify, port, translate, or create derivative works of the Parent App; (iv) decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms of the Parent App by any means (except as and only to the extent any of these restrictions are prohibited by applicable law); (v) use the Parent App for commercial use; (vi) knowingly take any action that would cause the Parent App to be placed in the public domain; and (vii) remove, alter or obscure any copyright, trademark or other proprietary rights notice or labels on or in the Parent App. If you violate any of the restrictions set forth in the Terms, your right to use the Parent App will immediately cease and you may have infringed Pillar Learning’s copyright and other rights, which may subject you to prosecution and damages. Pillar Learning reserves all rights not expressly granted in the Terms, and no licenses are granted by Pillar Learning to you under the Terms, whether by implication, estoppel or otherwise, except as expressly set forth in the Terms. 

 

You and your child can interact with the Pillar Learning Toy by holding its microphone button and speaking to it. You acknowledge and agree that when you or your child interact with the Pillar Learning Toy by holding its microphone button and speaking to it, Pillar Learning may capture Voice Commands (the “Voice Commands”) of such interactions. 

 

In addition, your child can hold the voice chat button to record a voice message (“voice chat messages”) to be played on the parent app, and parents can leave voice messages from the app through the Pillar Learning toy. You acknowledge and agree that when you or your uses the voice chat feature, Pillar Learning may capture audio recordings (“audio recordings”) of such messages. 

 

You agree that Pillar Learning and its service providers may use, transcribe and store any such audio recordings and the voice and any speech data captured therein to provide and maintain the Services. This includes the use, storage, processing, converting, transcribing, analyzing or reviewing of the audio recordings (along with text and transcriptions derived from the audio recordings) to provide, maintain, analyze and improve the functioning of our speech processing services, to develop, test or improve our voice recognition technology, develop artificial intelligence algorithms, improve the relevancy of results provided by our Services, and for other research and development purposes. 

 

We do not use audio recordings or their content, including any Personal Information that may be captured therein, to contact children or to advertise to them. 

 

We do not share the audio recordings or transcriptions thereof with our service providers or any third parties. We may share anonymized or Aggregated Information that does not constitute Personal Information with third parties we partner with, such as analytics and other Aggregate Information about Users’ activities on our Services that do not contain any Personal Information. Please see our Privacy Policy for more information regarding how we use and share Voice Commands and other information. 

 

Pillar Learning will not use the information contained in any audio recordings for any purpose except as set forth above. Because audio files containing the voice of a child constitute Personal Information under the Children’s Online Privacy Protection Act (“COPPA”). Pillar Learning obtains parental consent from you as the authorized User Account holder for your children’s use of the Services using parental email, which is an approved method under COPPA. Without such consent, the Pillar Learning will not be enabled to collect audio and therefore the Pillar Learning Toy will not be fully functional and interactive. 

 

There are no means by which you and your child may access or share your child’s Voice Commands, unless you contact us via email at support@pillarlearning.com to specifically request a copy of any of your child’s Voice Commands that are still on our servers. There are no means by which you or your child may make any Personal Information publicly available through the use of our Services, other than as described in the Privacy Policy. 

 

You acknowledge and agree that you (on behalf of yourself and your child) release and discharge Pillar Learning, its affiliated entities, and each of their respective administrators, directors, officers, employees, agents, sponsors and advertisers (collectively, the “Pillar Learning Parties”) from all liability to you and your child for any claims that the use of the audio recordings by the Pillar Learning Parties and the use of the transcripts or other text derived from audio recordings by the Pillar Learning Parties as authorized by you in these Terms violates any of your rights, including intellectual property rights or rights of publicity or privacy. Further, you (on behalf of yourself and your child) covenant not to sue Pillar Learning Parties with respect to the creation or use of any audio recordings, or of any transcripts or other text derived from any Voice Commands as authorized in these Terms. You also acknowledge and agree that neither you nor your child will be entitled to any additional compensation for the use of any of the audio recordings or transcripts by Pillar Learning or any party on its behalf as authorized under these Terms. 

 

SITE CONTENT 

 

Although we use reasonable efforts to ensure that the content that is featured or displayed on the Pillar Learning Site that we create and/or provide, including but not limited to the Pillar Learning Toys’ voice interactions (the “Editorial Content”) is accurate, appropriate and informative, we cannot guarantee the accuracy, completeness or appropriateness of the Editorial Content. Under no circumstances will we be liable in any way for any Editorial Content, including, but not limited to, any errors or omissions in such Editorial Content, any loss or damage of any kind incurred as a result of your use of or reliance on such Editorial Content, or the use of any product, method or service reviewed or discussed in such Editorial Content. 

 

The Pillar Learning Services contains, links and connects to content, including stories and songs, created or provided by third parties. We are not responsible in any way for such content, and nothing contained on the Pillar Learning Services should be construed as a guarantee of the quality, functionality, utility, safety, reliability, appropriateness, value or availability of any such content.  

 

INTELLECTUAL PROPERTY 

 

 

Pillar Learning’s name, marks, logos, designs and phrases, and any other Pillar Learning products, service name or slogan included in the Pillar Learning Site and Services are trademarks of Pillar Learning and may not be copied, imitated or used, in whole or in part, without the prior written permission of Pillar Learning. 

 

The Pillar Learning Site and Services, including the content, visual interfaces, interactive features, Editorial Content, information, communications, graphics, design, compilation, computer code, products, software, services, sound files, and all other elements of Pillar Learning Toys, Parent App and other Pillar Learning Services that are provided by us are protected by copyright, trade dress, patent and trademark laws, international conventions, all other relevant intellectual property and proprietary rights, and applicable laws. 

 

You are granted a non-exclusive, non-transferable, revocable to access and use the Pillar Learning Site and Services strictly in accordance with these Terms and the Privacy Policy. Except as expressly authorized by us, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Pillar Learning Site or Services or their contents. You shall not acquire any right, title or interest to the Pillar Learning Site or Services, Pillar Learning’s or its licensors’ intellectual property, or any other content, except for the limited rights set forth in these Terms or any express license from us or our licensors. You may not use our marks, logos, designs and phrases without our express prior written permission. Except for the license expressly stated in the Terms, you are not granted any rights in or to the Pillar Learning Site or Services by implication, estoppel, or other legal theory, and all rights in and to the Pillar Learning Site and Services not expressly granted in the Terms are hereby reserved and retained by Pillar Learning. 

 

The Pillar Learning Site and Services may also include other content owned by third parties that is licensed to us. All other copyrights, trademarks, registered trademarks, trade dress, patents, product names and company names or logos mentioned in the Pillar Learning Site or Services (“Third Party Intellectual Property”) are the property of their respective owners, and the use of such Third Party Intellectual Property will inure to the benefit of each such intellectual property owner. The use of any such third party trademarks does not constitute an affiliation by Pillar Learning and its licensors with such company; or (an endorsement or approval by such company of Pillar Learning and its licensors and its products or services. 

 

The Pillar Learning Site and Services contains photos, images and content from a variety of sources, which are the copyrighted property of the original sources. You may not use, reproduce or republish those photos, images or content without the direct consent of the original owner. 

 

USER CODE OF CONDUCT; PROHIBITED USES 

You agree that you are solely responsible for your conduct (and the conduct of anyone using your User Account) with respect to the Pillar Learning Site and Services, and you agree that you will not do any of the following in connection with the Pillar Learning Site and Services: 

 

  • Use the Pillar Learning Site or Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms; or 
  • Infringe upon or violate the rights of or cause harm to Pillar Learning, its Users, or any third party. 

You agree not to intentionally interfere with, restrict, damage, impair, or disable the operation of the Pillar Learning Site or Services by any means, including uploading or otherwise disseminating viruses, worms, malware, spyware, adware, corrupted files, or other malicious code. You agree not to remove, circumvent, disable, damage, or otherwise interfere with any technical or security-related features of the Pillar Learning Site or Services, or features that enforce limitations on the use of the Pillar Learning Site or Services. You shall not use any robot, spider, scraper or other automated means to access the Pillar Learning Services for any purpose without our express written permission. You shall not take any action that imposes, or may impose, in our sole discretion an unreasonable or disproportionately large load on our infrastructure; interfere or attempt to interfere with the proper working of any of the Pillar Learning Services; or bypass any measures we may use to prevent or restrict access to the Pillar Learning Services. You agree not to breach or circumvent any or our policies or determinations of your User Account status. 

 

You agree not to attempt to gain unauthorized access to the Pillar Learning Services or any part of it, or other Users’ Accounts, computer systems, or networks connected to the Pillar Learning Services, through hacking, password mining or any other means, or to interfere or attempt to interfere with the proper working of the Pillar Learning Services or any other activities conducted on or through the Pillar Learning Services. 

 

Any use of the Pillar Learning Site or Services in violation of the Terms may result in, among other things, termination or suspension of your User Account and any rights to use the Pillar Learning Site and Services. 

 

Pursuant to the Communications Decency Act, you are hereby informed by Pillar Learning that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at 

http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html 

(Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies). 

 

NOTICES & PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT 

 

Pillar Learning has adopted the following policy toward copyright infringement on the Site in accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a copy of which is located at http://www.copyright.gov/legislation/dmca.pdf, and other applicable law. Pillar Learning has adopted a policy of terminating, in appropriate circumstances and at Pillar Learning’s sole discretion, User Account holders who are deemed to be repeat infringers or who are the subject of repeated DMCA notifications. Pillar Learning may also, at its sole discretion, limit access to the Pillar Learning Site and Services and/or terminate the User Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. 

The address of Pillar Learning’s Designated Agent for copyright takedown notices (“Designated Agent”) is listed below. 

 

If you are a copyright owner, or are authorized to act on behalf of one, or are authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Pillar Learning Site or Services by sending a notice of copyright infringement containing the following information to the Designated Agent at the address below: 

 

  • Identification of the work or material being infringed. 
  • Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Pillar Learning is capable of finding it and verifying its existence. 
  • Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number and email address. 
  • A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law. 
  • A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner. 
  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed. 
  • Upon receipt of the Notice as described below, Pillar Learning will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Pillar Learning Site and Services. After removing material pursuant to a valid DMCA notice, Pillar Learning will immediately notify the User responsible for the allegedly infringing material that it has removed or disabled access to the material. 

 

If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. 

 

If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Pillar Learning by providing the following information to the Designated Agent at the address below: 

 

The specific URLs of material that Pillar Learning has removed or to which Pillar Learning has disabled access. 

Your name, address, telephone number, and email address. 

A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the Federal District Court, District of Massachusetts if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person. 

The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.” 

Your physical or electronic signature. 

Upon receipt of a valid counter-notification, Pillar Learning will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Pillar Learning does not receive any such notification within ten (10) days, we may restore the material to the Site. 

 

Notices of claimed copyright infringement, with all items included, should be directed to: 

 

Pillar Learning, LLC. 

Attn: Copyright Agent 

92 SW 3rd St APT 2605 

MIAMI, FL 33130 

Email: support@pillarlearning.com 

 

THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS SERVICE RELATED QUESTIONS AND REQUESTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS. 

 

DISCLAIMERS & LIMITATIONS OF LIABILITY 

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PILLAR LEARNING SITE AND SERVICES ARE AT YOUR SOLE RISK. THE PILLAR LEARNING SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE TERMS, THE SERVICES, THE SITE, THE PILLAR LEARNING TOY, THE VOICE COMMANDS, THIRD PARTY SITES AND THIRD PARTY TRADEMARKS WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT PILLAR LEARNING KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. PILLAR LEARNING DOES NOT WARRANT THAT: (A) THE FUNCTIONS CONTAINED IN THE PILLAR LEARNING SITE OR SERVICES, INCLUDING THE PARENT APP AND THE PILLAR LEARNING TOY, WILL BE ACCURATE, COMPLETE, APPROPRIATE OR MEET YOUR REQUIREMENTS; (B) THE OPERATION OF THE PILLAR LEARNING SITE OR THE SERVICES, INCLUDING THE PARENT APP AND THE PILLAR LEARNING TOY, WILL BE UNINTERRUPTED, ERROR-FREE OR ALWAYS AVAILABLE; (C) ANY DEFECTS IN THE PILLAR LEARNING SITE OR SERVICES, INCLUDING THE PARENT APP AND THE PILLAR LEARNING TOY, WILL BE CORRECTED; OR (D) THAT THE PILLAR LEARNING SITE AND SERVICES AND THE SERVER THAT MAKES THE PILLAR LEARNING SITE AND SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY PILLAR LEARNING OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. 

 

You agree, at your sole expense, to defend, indemnify and hold Pillar Learning, the Pillar Learning Parties, and our licensors, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your conduct; or (ii) your violation (or alleged violation) of the Terms or the rights of any third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which Pillar Learning is a named party without our prior written consent. Pillar Learning will use reasonable efforts to notify you of any such claim, action, or proceeding upon receiving notice of it. 

 

PLEASE USE CAUTION AND PRUDENCE WHEN DISCLOSING PERSONAL INFORMATION WHEN USING THE PILLAR LEARNING SITE AND SERVICES. Pillar Learning does not warrant and specifically disclaims any harm to you, your family or others as a result of personally identifiable information you disclose while using the Pillar Learning Site and Services, other than personally identifiable information entered solely in the creation of your User Account. 

 

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL PILLAR LEARNING BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THE SERVICES, YOUR USE OF THE SITE (INCLUDING THE PARENT APP OR THE PILLAR LEARNING TOY), THE VOICE COMMANDS, THIRD PARTY SITES OR THIRD PARTY TRADEMARKS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF PILLAR LEARNING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT WHERE WE HAVE BEEN FOUND LIABLE FOR WILLFUL MISCONDUCT, FRAUD OR CRIMINAL ACTIVITY. 

 

Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, and in no event shall you be entitled to recovery of attorneys’ fees. Under no circumstances will any claimant be entitled to have damages multiplied or otherwise increased, other than for actual out-of-pocket expenses. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in which case the above limitations may not apply to you. 

 

You acknowledge and agree that the availability of the Parent App is dependent on the third party from which you downloaded it, e.g., the Apple iPhone App Store or Google Play (“App Store”). You acknowledge and agree that the Terms are between you and Pillar Learning and not with the App Store. Pillar Learning, not the App Store, is solely responsible for the Parent App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay any fees charged by the App Store in connection with the Parent App. You agree to comply with, and your license to use the Parent App is conditioned upon your compliance with, all applicable third party terms of agreement when using the Parent App. 

 

Notwithstanding any terms to the contrary in the Terms, the following additional terms will apply to the download of the Parent App for use on the iPhone, iPod Touch or iPad: 

 

Acknowledgement 

You and Pillar Learning acknowledge that the Terms are solely between you and Pillar Learning, and not with Apple, Inc. (“Apple”), and that Pillar Learning, not Apple, is solely responsible for the Parent App and the content contained within the Parent App. You further acknowledge that the usage rules for the Parent App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Use as of the date you download the Parent App. In the event of any conflict between the terms and conditions of the Usage Rules for the Apple App Store Terms of Use and the terms and conditions of the Terms, the terms and conditions of the Usage Rules for the Apple App Store Terms of Use will govern if they are more restrictive. 

 

Scope of License 

The license granted to you is limited to a non-transferable license to use the Parent App on any iPhone, iPod Touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Use. 

 

Apple’s Limitations and Disclaimers 

As set forth in the Usage Rules for the Apple App Store Terms of Use, as they may be amended from time to time: Pillar Learning is solely responsible for providing maintenance and support services with respect to the Parent App. Apple is not responsible for any product warranties, whether express or implied by law, with respect to the Parent App. Pillar Learning, not Apple, is responsible for addressing any of your claims or any third party claims relating to the Parent App or your possession and/or use of the Parent App, including, but not limited to: (i) product liability claims; (ii) any claim that the Parent App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Parent App or your possession and use of the Parent App infringes that third party’s intellectual property rights, Pillar Learning, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under the Terms. 

 

You may not use or export the Pillar Learning Toy or Parent App in violation of U.S. export laws and regulations. 

 

You may not use or otherwise export or re-export the Pillar Learning Toy or Parent App except as authorized by United States law and the laws of the jurisdiction(s) in which the Pillar Learning Toy and Parent App were obtained. In particular, but without limitation, the Pillar Learning Toy and Parent App may not be exported or re-exported (i) into any U.S. embargoed countries or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Pillar Learning Site and Services (including but not limited to the Parent App), you 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. You also agree that you will not use the Pillar Learning Site and Services (including but not limited to the Parent App) for any purposes prohibited by United States law, including, but not limited to, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. 

 

 

 

MISCELLANEOUS PROVISIONS 

 

These Terms will be governed by and interpreted in all respects in accordance with the substantive laws of the state of Florida, without regard to its choice of law provisions. The Pillar Learning Site shall be deemed a passive website that does not give rise to personal jurisdiction over Pillar Learning, either specific or general, in jurisdictions other than Florida. Except as specified herein, any disputes directly or indirectly arising out of or relating to the Terms or the Pillar Learning Site or Services will be resolved exclusively in the state or federal courts located in the state of Florida. Any and all disputes directly or indirectly arising out of or relating to the Terms or the Pillar Learning Services will be resolved individually, without resort to any form of class action. 

 

Any cause of action or claim you may have directly or indirectly arising out of or relating to the Terms or the Pillar Learning Site or Services must be commenced within one (1) year after the claim or cause of action arises. 

 

Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. These Terms may only be waived in writing. 

 

Pillar Learning reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Pillar Learning Site, Services and/or any features, information, materials or content on or in the Pillar Learning Site or Services with or without notice to you. You agree that Pillar Learning will not be liable to you or any third party for any modification or discontinuance of the Pillar Learning Site or Services, or any portion thereof. 

 

Pillar Learning may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the Pillar Learning Site. Notice will be deemed given twenty-four (24) hours after the email is sent, unless Pillar Learning is notified that the email address is invalid. You are responsible for keeping your contact information in your User Account current. 

 

Visiting the Pillar Learning Site, using the Services, or sending emails to Pillar Learning constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Pillar Learning Site, satisfy any legal requirement that such communications be in writing. 

 

These Terms, and any rights and licenses granted hereunder, may be assigned by Pillar Learning without restriction. You may not transfer your User Account, or transfer or assign your rights hereunder. 

 

If you have any suggestions, comments or other feedback about these Terms or the Privacy Policy, please contact us in writing at: 

 

Pillar Learning, LLC. 

92 SW 3rd St APT 2605 

MIAMI, FL 33130 

Or email us: support@pillarlearning.com 

 

Any suggestions, comments or other feedback you provide with respect to the Site and Services will constitute our confidential information. We will be free to use, disclose, reproduce, license and otherwise distribute, and exploit this feedback as we see fit, excluding any Personal Information associated with such feedback, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.