Effective Date: January 1st, 2022 to Present
Site Covered: www.hartforchildren.com
THE AGREEMENT: The use of this website and services on this website provided by Hart for Children (hereinafter referred to as "Company") are subject to the following Terms & Conditions (hereinafter the "Agreement"). This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").
1) ASSENT & ACCEPTANCE
This is a legally binding contract between you and the Company. By using the Services you agree to the following Terms and Conditions, as well as the Company’s Privacy Notice. Your use of the Services constitutes acceptance the Terms and Conditions. If you do no accept these Terms and Conditions, please do not use the Services.
2) AGE RESTRICTION
You must be at least 16 (sixteen) years of age to use this Website or any Services contained herein. By using this Website, you represent and warrant that you are at least 16 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of your age.
3) SERVICES LICENSE
As a user of the Services you are granted a nonexclusive, nonsublicensable, nontransferable, revocable, limited license to access and use the Services and Content in accordance with these Terms. The Company may terminate this license at any time for any reason..
4) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
5) USER OBLIGATIONS
As a user of the Website or Services, you may be asked to register with the Company. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. you may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Website and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify the Company immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping the Company apprised of any changes to your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
6) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.
a) You further agree not to use the Website or Services:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Company or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
7) AFFILIATE MARKETING & ADVERTISING
The Company, through the Website and Services, may engage in affiliate marketing whereby the Company receives a commission on or percentage of the sale of goods or services on or through the Website. The Company may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
8) PRIVACY INFORMATION
Through your Use of the Website and Services, you may provide the Company with certain information. By using the Website or the Services, you authorize the Company to use your information in the United States and any other country where the Company may operate.
a) Information the Company May Collect or Receive: When you register for an account, you provide the Company with a valid email address and may provide the Company with additional information, such as your name or billing information. Depending on how you use the Website or Services, the Company may also receive information from external applications that you use to access the Website, or the Company may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
b) How the Company Uses Information: The Company uses the information gathered from you to ensure your continued good experience on Our website, including through email communication. The Company may also track certain aspects of the passive information received to improve Our marketing and analytics, and for this, the Company may work with third-party providers.
c) How you Can Protect your Information: If you would like to disable the Company’s access to any passive information the Company receives from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that the Company will still receive information about you that you have provided, such as your email address.
9) ASSUMPTION OF RISK
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and the Company. You further agree that your purchase of any of the products on the Website is at your own risk. The Company does not assume responsibility or liability for any advice or other information given on the Website.
10) SALES
The Company may sell goods or services or allow third parties to sell goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that you purchase such products at your own risk.
11) SHIPPING/DELIVERY/RETURN POLICY
You agree to ensure payment for any items you may purchase from the Company, and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide the Company with a valid email and shipping address, as well as valid billing information. The Company reserves the right to reject or cancel an order for any reason, including errors or omissions in the information that you provide to us. If the Company does so after payment has been processed, the Company will issue a refund to you in the amount of the purchase price. The Company also may request additional information from you prior to confirming a sale, and The Company reserves the right to place any additional restrictions on the sale of any of Our products. You agree to ensure payment for any items you may purchase from the Company, and you acknowledge and affirm that prices are subject to change. For the sale of physical products, The Company may pre-authorize your credit or debit card at the time you place the order, or The Company may simply charge your card upon shipment. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates that you are quoted due to unforeseen circumstances. For any questions, concerns, or disputes, you agree to contact the Company in a timely manner at the following: christina@hartforchildren.com
If you are unhappy with anything you have purchased on Our Website, you may do the following:
Customers may cancel a subscription membership at any time. Refunds are not granted on membership subscription purchases for the current month of purchase. All digital products delivered to your email inbox or by download from the website are non-refundable purchased products. If applicable, physical goods delivered to your specified mailing address as provided at checkout are refundable within 10 days of purchase.
12) REVERSE ENGINEERING & SECURITY
you agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
13) DATA LOSS
The Company does not accept responsibility for the security of your account or content. You agree that your use of the Website or Services is at your own risk.
14) INDEMNIFICATION
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold the Company harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website or Services, your breach of this Agreement, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
15) SPAM POLICY
You are strictly prohibited from using the Website or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
16) THIRD-PARTY LINKS & CONTENT
Links to third party websites on the Services are provided solely as a convenience to you. If you use these links, you will leave the Services. The Company has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, the Company does not endorse or make any representations about them, or any information, software or other products 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 the Services, you do this entirely at your own risk.
17) ADVERTISERS
The Services may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Services is accurate and complies with applicable laws. The Services will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials.
18) THIRD PARTY CONTENT
Third party content may appear on the Services or may be accessible via links from the Services. The Company is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Services. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of the Company.19) MODIFICATION & VARIATION
The Company may, from time to time and at any time without notice to you, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement. You agree that your continued use of the Website after any modifications to this Agreement is a manifestation of your continued assent to this Agreement.
c) In the event that you fail to monitor any modifications to or variations of this Agreement, you agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.
20) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
21) SERVICE INTERRUPTIONS
The Company may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
22) TERM, TERMINATION & SUSPENSION
The Company may terminate this Agreement with you at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with the Company, you may also terminate this Agreement at any time by contacting the Company and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
23) NO WARRANTIES
You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by the Company are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website or Services is your sole responsibility and that the Company is not liable for any such damage or loss.
22) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to you as a result of your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount you paid to the Company in the last six (6) months. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
23) INDEMNIFICATION
You agree to indemnify, protect, save and hold harmless the Company, its officers, directors, owners, shareholders, partners, employees, agents, successors and assigns from and against any and all claims, losses, liabilities, damages, penalties, actions and suits (including legal costs and expenses and reasonable attorneys’ fees as they come due) resulting from, arising out of or relating to: (i) your violation of this agreement; (ii) your use of the Services; (iii) your purchase, ownership or sale of products through the Services; (iv) the violation of any rights belonging to any third party that such third party may be able to assert against you or the Company; and (v) shipment of any property under these Terms.
You agree to take it upon yourself the settlement of all such claims, and the defense of any suit or proceeding of any kind brought to enforce such claim or claims, and to pay all judgments entered with respect to such suit or proceedings, and all costs and attorneys’ fees or other expenses as they come due. Your covenants of indemnity are absolute and unconditional, and shall continue in full force and effect notwithstanding any insurance coverage you may carry.
24) GENERAL PROVISIONS:
a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
b) JURISDICTION, VENUE & CHOICE OF LAW: Through your use of the Website or Services, you agree that the laws of the State of Texas shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Dallas County, Texas. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Dallas County. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Texas. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
f) NO WAIVER: In the event that the Company fails to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
i) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, pandemics, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please email the Company at the following address: christina@hartforchildren.com
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Christina Welty, Hart for Education
Phone: 903-312-2213
christina@hartforchildren.com