WEBSITE TERMS OF SERVICE
ACCEPTANCE OF TERMS
The Homeskoolery LLC, owner of www.thehomeskoolery.com (the “Website”) (referred to herein “We,” “Us”, “Website” or collectively, as “Company”) provides its services on any website under its control accessed by you (the “Service”), subject to the following Terms of Service (“TOS”), which may be updated by us from time to time. Your use of the website and its materials constitutes your agreement to all such terms, conditions, policies, and notices (the “Agreement”).
DESCRIPTION OF SERVICE
Unless explicitly stated otherwise, any new features that enhance the current Service, including the release of new resources shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that the Company assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings.
In general, access to information and utilities of the Website requires no subscription or user registration. However, access to additional content does. Notwithstanding the above, access to any of the services or products offered through the Website may be conditioned upon completion of the registration or subscription form. For this purpose, the user guarantees the authenticity and veracity of all personal data provided to complete the form of subscription or registration. The user is responsible for maintaining the accuracy of all the information provided. For this reason, you agree that NO REFUNDS SHALL BE PROVIDED ON ANY COMPANY GOODS OR SERVICES UNDER ANY CIRCUMSTANCES.
Users are solely and exclusively responsible for their user identification and access to content or services on the Website. This identification consists of any secret code or password and username. The Company is not responsible for the misuse of passwords of users for access to content or services on the Website that require them and the consequences of any kind of misuse by users, your lost or forgotten, and misuse by unauthorized parties.
You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
The use of the services available on this Website by minors requires that they have permission from their parents, guardians or legal representatives previously obtained, which will be considered legally responsible for all acts performed by children in their care.
MODIFICATIONS TO SERVICE
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
The Company may change, add, or remove any part of this Agreement, or any other terms associated with the use of the website, at any time, by posting a notice of such changes to the Terms of Service page of the website. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use the services after the notice is posted, you are indicating your acceptance of those changes.
LINKS TO THIRD-PARTY WEBSITES AND ADVERTISERS
Links to third-party websites and information about third-party advertisers at this site are provided solely as a convenience to you. If you use these links, you will leave this site. The Company does not control and is not responsible for any third-party goods and services, the content of these third-party sites, or any links contained therein. Thus, the Company does not accept any responsibility or endorse or make any representations about them, or any information, goods, services, or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to this site or purchase any goods or services from third parties, you do so entirely at your own risk.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (VI) OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material,
No advice or information, whether oral or written, obtained by you from the Company or through, or from, the service shall create any warranty not expressly stated in the TOS.
Information created by THIRD PARTIES that you may access on the website or through link is not adopted or endorsed by the Company and remains the responsibility of such THIRD PARTIES.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.
INTELLECTUAL PROPERTY RIGHTS
All materials on the Website, including without limitation, names, logos, trademarks, service marks, images, graphics, photographs, illustrations, artwork, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by the Company. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, no online materials may be republished, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify any of the Company content. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this website for means other than its intended purposes is prohibited.
The Company logos and product and service names are trademarks of the Company. All other trademarks appearing on the website are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. The Company will fully enforce its intellectual property rights of the law.
If you suspect that the content or trademarks of the Company website product are being misused, please contact firstname.lastname@example.org as soon as possible.
The failure of the Company to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
HEADINGS FOR CONVENIENCE ONLY
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to email@example.com.
You agree to indemnify, defend, and hold the Company harmless from any claims and expenses, including reasonable attorneys’ fees, arising from or related to any breach by you of any terms of this Agreement.
LETTERS, REVIEWS, OR OTHER SUCH COMMENTS OR MATERIALS
Any comments, materials, or letters sent by you to the Company, including without limitation, questions, comments, suggestions, criticisms or the like (“Received Materials”) shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is “not for publication” and contains “private and proprietary” information that may not be distributed.
The Company shall have no obligation of any kind with respect to such Received Materials and the Company will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute, the Received Materials without limitation or restriction.
Furthermore, the Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Company for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.
RESTRICTIONS ON USE
You may not use the Company or its content for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree to use the Website solely for your own non-commercial use and benefit and not for resale or other transfer or disposition to any other person or entity.
We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
This Agreement and any other terms and conditions of service on the Company website constitute the entire agreement between you and the Company and govern your use of the Service.
REFUSAL OR DISCONTINUANCE OF SERVICE
The Company reserves the right to refuse or discontinue service to any user for noncompliance with these Terms and Conditions.
CHOICE OF LAW AND FORUM
The laws of the State of Texas will govern this Agreement. The laws of the State of Texas will govern any dispute arising from the terms of this agreement or breach of this agreement and you agree to personal jurisdiction by the state and federal courts sitting in Texas.
The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of, or in any way connected with, these Terms and Conditions and agree to submit to binding arbitration.
By e-mail: firstname.lastname@example.org