TALK End User License Agreement (EULA)

Last Updated: August 23, 2024

1. Introduction

This End User License Agreement (“Agreement”) governs your access and use of the TALK educational platform or any of the initial set of activities (collectively, the “Services”) provided by the Midwest Collaborative for Library Services, a library consortium located at 1407 Rensen Street, Lansing, Michigan 48910 (“Service Provider”). By accessing or using Services, you agree to be bound by this Agreement.

If you do not agree to this Agreement, please do not access or use our Services.

2. Definitions

2.1. “Service Provider” means the Midwest Collaborative for Library Services.

2.2. “Recipient” or “Recipients” means any enrolled caregiver(s) who requests to receive 8-10 text messages monthly for TALK: Text and Learn for Kindergarten Services (“TALK”) through an opt-in registration form on www.textandlearn.org or by texting the keywords ‘START’ or ‘TALK’ to 75547.

2.3. “Parties” means any party subject to this Agreement.

2.4. “TALK” or “Services” means the Text and Learn for Kindergarten Services platform, an optional service provided for families with children 6 years old or younger.  Subscribers to this service will receive 8-10 text messages per month with fun, easy activities they can do at home to help prepare their children for school success. The activities are delivered to the subscriber via mobile text messages.

3. Acceptance of Terms

By registering for, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.  You also agree to any other operating rules and policies that Service Provider publishes on its website and the Twilio Terms of Service (accessible here: https://www.twilio.com/legal/tos).  If you are under the age of 18, you may not use TALK unless your parent or legal guardian has agreed to these terms.

PLEASE REVIEW THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SERVICES, USER ACCEPTS THE TERMS OF THIS AGREEMENT AND IT BECOMES LEGALLY BINDING. IF USER DOES NOT AGREE WITH ANY PORTION OF THE AGREEMENT OR IF USER DOES NOT INTEND TO USE THE SERVICES IN ACCORDANCE WITH THESE TERMS, USER MAY NOT ACCESS OR USE ANY SERVICES.

4. License Grant

Subject to your compliance with this Agreement, the Service Provider grants you a no-cost, limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for personal, non-commercial educational purposes.  Service Provider has no maintenance or technical support obligations under this Agreement.

5. Restrictions on Use

You agree not to:

  • Copy, modify or distribute the Services for any purpose.
  • Transfer, sublicense, lease, lend, rent or otherwise distribute the Services to any third party.
  • Decompile, reverse-engineer, disassemble, or create derivative works of the Services.
  • Make the functionality of the Services available to multiple users through any means.
  • Use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement.
  • Access or use any areas of the Services for which we have not granted you authorization, or tamper or interfere with our computer systems or the technical delivery systems of our providers.
  • Gather or use information, such as other users’ names, real names, or email addresses, through the Services to transmit any unsolicited advertising, junk mail, spam or other form of solicitation.
  • Encourage or enable anyone to do any of the foregoing.
  • Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices appearing in the Services.
  • Attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services.
  • Use any automated means to access the Services, including robots, spiders, or scrapers.
  • Interfere with or disrupt the integrity or performance of the Services.

6. Intellectual Property Rights

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, and software are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7. User Content

Any messages or data sent or transmitted using the Services is considered “User Content”. You retain all rights in your User Content and are solely responsible for it.  You agree not to submit any content that is unlawful, defamatory, obscene, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable.

8. Waiver of Damages

In no event shall the Service Provider be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) a Recipient’s access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of a Recipient’s transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not the Service Provider has been informed of the possibility of such damage.

9. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

Information We Collect: We collect information necessary to provide Services, such as Recipient’s preferred language (English or Spanish), mobile telephone number, child’s date of birth or expected date of birth, and ZIP code.

How We Use Recipient’s Information: We use Recipient’s information to:

  • Provide, maintain, and improve the Services.
  • Personalize Recipient’s experience with the Services.
  • Send notifications of free local events and library services to Recipients based on ZIP code.
  • Monitor and analyze usage and trends to improve user experience.
  • Comply with legal obligations and protect our rights.

We may share your information with:

  • Service Providers: Third-party vendors who assist us in operating the Services.
  • Legal Compliance: Law enforcement or government agencies as required by law.

Data Security: We implement appropriate security measures to protect your personal information from unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is completely secure.

Children’s Privacy: The Services are intended for users 18 and over. We do not knowingly collect personal information from children under 13 without parental or guardian consent. If you become aware that a child has provided us with personal information without consent, please contact us. If you provide information about a child under the age of 13, you hereby represent that you are authorized to provide such information.

Your Rights and Choices

  • Access and Update: Recipients can access and update personal information through account settings or by contacting the Service Provider by utilizing the contact information listed in the Contact Information section below.
  • Opt-Out: Recipients can opt-out of receiving promotional communications by texting STOP to 75547 or utilizing the contact information listed in the Contact Information section below.
  • Do Not Track: Our Services do not respond to “Do Not Track” signals.
  • Data Retention: We retain information as long as necessary to fulfill the purposes outlined in this Agreement or unless otherwise required by law.

10. Security

We take reasonable measures to protect the security of your information. However, we cannot guarantee absolute security, and you use the Services at your own risk.

11. Third-Party Services

The Services may utilize third-party websites or services that are not owned or controlled by the Service Provider. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.  The Service Provider may use Twilio, Inc., a Delaware corporation, or other such third-party service to facilitate the transmission of messages between User and Recipient or Service Provider and Recipient and hereby agrees to any other operating rules and policies that Twilio or any other third-party service facilitator publishes on its website, including, but not limited to the Twilio Terms of Service (accessible here: https://www.twilio.com/legal/tos).  If you are under the age of 18, you may not use Services unless your parent or legal guardian has agreed to these terms.

12. Breach and Termination

This Agreement will commence on the date in which you first access or use the Services and will continue until you discontinue use of the Services and/or Service Provider terminates your use of the Services, for any reason in its sole discretion. If this Agreement is terminated, the obligations of Service Provider to you will terminate. Any allegation, whether by Service Provider, another user, a Recipient, or any other party, of a breach of this Agreement by Recipient will be investigated by Service Provider within its sole discretion, which will then determine whether a breach occurred.  Should the Service Provider determine Recipient has breached this Agreement, Service Provider may, within its sole discretion, terminate, cancel, or suspend Recipient’s access to the Services for a determinable amount of time.

13. Disclaimer of Warranties

The Services are provided on an “AS IS” and “AS AVAILABLE” basis. Recipient use of Services is at his/her/its sole risk.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERVICE PROVIDER DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.  Any use of the Services could significantly harm his/her/its network and/or devices, and Recipient assumes all risks associated with use.  Recipient understands and agrees that the Service Provider makes no warranty that the Services meet their requirements, is free of viruses or other harmful components, will detect or prevent all security threats or vulnerabilities, or be available on an uninterrupted, secure, or error-free basis.

14. Limitation of Liability

  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE SERVICE PROVIDER OR OUR LICENSORS OR SUPPLIERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR COSTS OF SUBSTITUTE GOODS OR SERVICES, OR FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING IN ANY WAY OUT OF THIS AGREEMENT OR RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE OF SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SERVICE PROVIDER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
  • YOU ACKNOWLEDGE THAT IT IS HIS/HER/ITS SOLE RESPONSIBILITY TO BACKUP ALL CONTENT ON DEVICES BEFORE USING SERVICES AND TO IMPLEMENT BACKUP PLANS AND USE OTHER SAFEGUARDS THAT ARE APPROPRIATE FOR DEVICE USERS AND CONTENT.

15. Indemnification

You agree to defend, indemnify, and hold harmless the Service Provider and its directors, officers, employees, agents, or other affiliated persons or entities from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney’s fees) that Service Provider incurs arising from:

  • Your use of and access to the Services.
  • Your violation of any term of this Agreement.
  • Your violation of any third-party right, including without limitation any intellectual property, privacy, or proprietary right.
  • Any claim that your User Content caused damage to a third party.

16. Governing Law and Jurisdiction

The enforceability and interpretation of this Agreement will be determined in accordance with Michigan law.  Recipient irrevocably consents to the jurisdiction of, and venue in, the state or federal courts located in Ingham County, Michigan and/or the Western District of Michigan as appropriate, for any disputes arising under this Agreement or as a result of Recipient’s use of Services.

17. Changes to this Agreement

Service provider reserves the right, at their sole discretion, to modify, alter, or amend this Agreement at any time. Any revised terms will supersede prior versions and will be posted on this website.  Unless indicated otherwise, revised terms will be effective on the date listed at the top of the terms.  Recipient acknowledges it is Recipient’s responsibility to review this Agreement from time to time and to be aware of any such changes.  By continuing to use the Services after Service Provider modifies, alters, or amends this Agreement, Recipient accepts the modified, altered, or amended Agreement.

18. Contact Information

If you have any questions about this Agreement or the Services, please contact us at:
Email: talkhelp@mcls.org
Phone: (517) 325-5545

19. Entire Agreement

This Agreement constitutes the entire agreement between you and the Service Provider regarding the use of the Services and supersedes all prior and contemporaneous proposals, statements, marketing materials, presentations, and agreements between you and the Service Provider, whether oral or written.

20. Cellular Carriers.

Services are available to persons with phones that are text capable and have a mobile plan with US short code messaging enabled, and are subscribed to AT&T, Verizon Wireless, T-Mobile®, Sprint, Virgin Mobile USA, Cincinnati Bell, Centennial Wireless, Unicel, MetroPCS, U.S. Cellular®, Boost, or one of these carriers. Carriers are not liable for delayed or undelivered messages.

Depending on the plan Recipient has purchased from his/her/its cellular carrier, messaging, data, and other rates and charges may apply. Recipient is solely for their use of Services and any resulting rates and charges.  Recipient also understands that the Services may not work with their device or carrier.