Terms of Service
Welcome to Homeschooling-ideas.com.
The following describes the terms on which Homeschooling-ideas.com, (referred to from now on as “Homeschooling-ideas” or "Store") offer you access to our services.
1. Description of Service.
Homeschooling-ideas Store is a web-based service available from the domain Store.homeschooling-ideas.com. This service provides homeschoolers with an online marketplace to buy and sell fun and inspirational educational materials created by different sellesr.
This Terms of Service/User Agreement (“Agreement”) governs your access to and use of the Service, whether in the capacity of a Seller, Buyer, or visitor, including the finding, buying, posting, selling, and sharing of products and contents. Portions of the Homeschooling-ideas Store are publicly available to all visitors to the site. Other portions of the store are available only to registered members who are Sellers or Buyers. By registering with Homeschooling-ideas or by using the Service in any manner – including, but not limited to, by visiting the store.homeschooling-ideas.com website – you acknowledge and agree to the terms stated in this Agreement.
2. The Service Is Not Intended For Children.
The Service is intended for adults only. You must be 18 years or older to use this site.
3. Fees, Services, Pricing, and Payments.
A. Fees.
Membership Fees and Service Fees.
Sellers who wish to sell their products through the homeschooling-ideas store must setup a Homeschooling-ideas Sellers Account. Currently sellers pay no annual membership fee.Sellers will be charged service fees on sales made through the store, as set forth in greater detail in Section 3C below. Buyers who wish to purchase products through the store may also set up a Homeschooling-ideas.com Account. Buyers pay no membership fee to join and there is no service fee for purchasing materials from Sellers through the store.
Shipping, Handling and Processing Charges. Sellers may charge for shipping, handling, and processing of the physical materials that are sold via the Service in one of two ways: (1) by including the shipping, handling, and processing method and charges in the sale price of the item; or (2) by charging a flat rate for shipping, handling, and processing of all items sold, which will be reimbursed in full in the Payout (defined below).
B. Pricing of Products.
Sellers are solely responsible for setting the prices for the sale of their products distributed through the store, including for both electronic and physical materials. Sellers are obligated to sell their products at the prices listed on the store.
C. Agreement of Sellers to Pay Service Fees and to Upload or Ship Products.
In consideration for the services provided by Homeschooling-ideas, you (the Seller) agree to pay Homeschooling-ideas a service fee for all products, including digital or virtual products, you sell to Buyers through the store.
Sellers will pay a Service Fee equal to 30% of the sale price of each item sold. For each transaction, Homeschooling-ideas will automatically deduct the Service Fee from the sale price collected from Buyers through the Store, and then will distribute the remaining amounts to the Seller on a monthly basis as follows:
(a) Homeschooling-ideas will collect payment from Buyers at the time the product is purchased through the store,
(b) Homeschooling-ideas will notify you (the Seller) by email of the sale once payment has been verified and collected from the Buyer,
(c) in the case of physical goods, Homeschooling-ideas will provide the Seller with the Buyer’s shipping address and any other information required for the Seller to fulfill the order,
(d) on a monthly basis, Homeschooling-ideas will pay the monies due to you (as a Seller) for the sale of your products, in accordance with this Section 3C. Payments will only be paid once an account accrues the value of $50 or over. Any monies not reaching this level will carry over to subsequent months. If an account accrues $50 before the 10th of the month, the payment will be made to the Sellers designated Paypal Account on the 20th of that month.
You agree that upon notification of a sale of non-downloadable products, you will ship the relevant product sold by you through the store in accordance with any representations made by you on the store and/or in connection with such product, including, for example, with respect to the pricing and shipping of such product, and in any event in accordance with all applicable state and federal laws, rules, regulations, and/or industry standards. Sellers are not authorized by the Service to ship to any address other than that which is provided to it by Homeschooling-ideas.
D. Additional Agreements and Obligations of Sellers.
By listing an item for sale, or uploading it to the Service, you (Seller) represent and warrant to prospective Buyers that you have the right and ability to sell and to ship, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive. You further represent and warrant that the product is original to you, and that use of the same will not infringe any right – including, but not limited to the copyright or trademark right – of any third party.
Unless otherwise authorized, Sellers agree not to – and agree to cause their affiliates, agents, employees and contractors not to – use or disclose to any third party any order information, or other data or information regarding Buyers or any other users of the store, which is obtained through the store or disclosed to Sellers by Homeschooling-ideas in connection with a transaction made via the store, for any purpose except as necessary to complete transactions made through the store and otherwise fulfill their obligations under this Agreement (including, without limitation, for purposes of solicitation, advertising, direct marketing, harassment, invasion of privacy, or any other objectionable conduct).
E. Agreement of Buyers to Pay for Purchases.
When you ( the Buyer) purchase original digital products you will have the right to download the materials from your Account.. The materials will remain available for download in your online account indefinitely from the date of your purchase - but a minimum of 3 downloads per product will be applied. You agree not to share your purchases with anyone else unless you have purchased additional licenses. You agree not to post your purchased or freely downloaded files on the internet.
You agree to pay in full for all products purchased through the store, and agree that Homeschooling-ideas may charge your PayPal account for any products purchased, including any applicable shipping charges, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued to or in connection with your Account.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL SALES PRICES AND FEES, AND FOR PROVIDING HOMESCHOOLING-IDEAS WITH VALID CREDIT CARD INFORMATION OR PAYPAL ACCOUNT DETAILS FOR PAYMENTS OF ALL SUCH FEES AND CHARGES. All charges and fees will be billed to the PayPal account you designate during the registration process. If there is a change in your credit card or PayPal account status, you must change your PayPal account information online at the Account information page of the Store. You can always log into your Account by providing your UserName and password at this link: store.homeschooling-ideas.com. (There may be a temporary disruption of your access to the Service until Homeschooling-ideas can verify the validity of the new PayPal account information.)
You agree that delivery of the product to you, whether electronically delivered or physically shipped and delivered to you, does not transfer to you any commercial or promotion use rights in the product. You agree that your use of the store (including your purchase of products) constitutes your acceptance of and agreement to use the Service and such products solely in accordance with this Agreement, and that any other use of the store or purchased product may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. As a condition of use, you agree not to share your purchases with anyone else unless you have purchased additional licenses.
F. Electronic Signatures and Contracts.
Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
G. Limitations.
Your direct interactions (if any) with other visitors, Buyers or Sellers , including the purchase of, sale of, payment for, and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and that individual. Like with any web-based interaction, we suggest that you use caution and good judgment. You further understand and agree that Homeschooling-ideas is not involved in any actual transactions made through the store, and that it is not the agent or representative of any Seller, or Buyer (or any visitor) for any purpose whatsoever and that it is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other visitor’s or Member’s use or disclosure of your personally identifiable information. For details about our information collection practices, please see our Privacy Policy. IF THERE IS A DISPUTE BETWEEN YOU AND ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY MEMBER OR VISITOR OF THE SERVICE), HOMESCHOOLING-IDEAS IS UNDER NO OBLIGATION TO BECOME INVOLVED, AND YOU HEREBY RELEASE HOMESCHOOLING-IDEAS FROM ANY CLAIMS, DEMANDS, OR DAMAGES OF ANY KIND AND OF ANY NATURE ARISING OUT OF OR RELATING TO ANY SUCH DISPUTE. You agree that you are solely and exclusively responsible for any federal, state, or local taxes, including sales taxes, that might apply to any sales you make in connection with Service.
H. Transfer of Title
Homeschooling-ideas does not transfer legal title or ownership of items from the Sellers to the Buyers, and nothing in this Agreement shall modify the applicable provisions of Uniform Commercial Code 2-401(2) and New York Uniform Commercial Code 2-401(2), which provide that, unless otherwise explicitly agreed between a seller and a buyer, legal title to a purchased item transfers to the buyer upon physical delivery of the item to the buyer from the seller. Accordingly, unless a Buyer and Seller agree otherwise, legal ownership to any item passes to the Buyer upon the physical delivery of such item from the Seller to the Buyer.
4. License Grants.
A. License Grants by Sellers to Homeschooling-ideas.
When you (Seller) submit your original copyrightable content) on or through the store, you retain ownership of any copyright you claim to your submitted content. However, by making your content available through the Service you automatically grant Homeschooling-ideas a royalty-free, perpetual, irrevocable (except as expressly set forth in this Agreement), non-exclusive, worldwide, sublicensable right to exercise any copyright, trademark rights publicity rights, and/or database rights (but no other rights) you have in the content, in any media now known or later developed, solely as reasonably necessary to make the product available through the store. IF YOU CHOOSE TO CANCEL YOUR MEMBERSHIP AND LEAVE THE SERVICE, AND/OR HAVE REMOVED YOUR CONTENT FROM THE STORE, THIS LICENSE WILL BE DEEMED REVOKED AT THE TIME THAT YOU CANCEL YOUR MEMBERSHIP AND/OR REMOVE ALL SUCH PRODUCTS, HOWEVER HOMESCHOOLING-IDEAS’ LICENSE TO MAKE PRODUCTS YOU HAVE SOLD PRIOR TO CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT AVAILABLE TO MEMBERS WHO HAVE PURCHASED SUCH MATERIAL PRIOR TO CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT SHALL SURVIVE CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT.
B. Sellers Control License Rights Related To Products.
When you (Seller) submit your original copyrightable content on or through the store, you (i) represent and warrant that such product is original to you and that no other party has any rights thereto, and (ii) retain ownership of any rights – including, but not limited to, copyrights and trademark rights – you claim to your submitted content. As such, you (Seller) control the copyright licenses granted to a Buyer and it is your responsibility to give notice to Buyers of the terms under which you offer your products to such Buyers. Absent specific terms to the contrary expressed by you in the license under which your product is offered, nothing in the Service limits the existing rights of Buyers under the Copyright Act including but not limited to rights under Sections 110(1) (classroom teaching), 110(2) (distance learning), or 107 (fair use) of the Copyright Act (17 U.S.C. 101 et seq.). (You, Seller, may wish to consider applying one of the copyright licenses made available through Creative Commons to your products. You can find out more about these licenses at the Creative Commons website located at www.creativecommons.org.)
5. Registration Obligations.
In consideration of your use of the Service, you represent that you are at least 18 years of age and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (the “Member Data”) and (b) maintain and promptly update the Member Data to keep it true, accurate, current, and complete at all times. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Homeschooling-ideas has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, without limiting any other remedies, Homeschooling-ideas has the right to suspend or terminate your Account and refuse any and all current or future use of the store (or any portion thereof). Please see our Privacy Policy for further information.
6. Member and Visitor Conduct.
As a condition of using the store, Buyers, Sellers and visitors agree to all of the following:
- You must have an Account to sell products through the store. Buyers may or may not open an Account.
- You are required to select a member identification (“UserName”) and password. You are responsible for maintaining the confidentiality of your UserName and password. You should not disclose your password to anyone.
- You are responsible for all activity that occurs under your UserName.
- You are solely responsible for your conduct and any content, materials or information that you submit, post, and display on the Service, or that is submitted, posted, and/or displayed on the Service under your UserName.
- You agree that you will not attempt to, nor encourage or assist any other person to, circumvent or modify any system, security technology, or other software that is part of the Service or used to administer the rules contained in this Agreement.
Further, while using the store, Members and visitors agree not to:
- upload, post, email, transmit, or otherwise make available any content, material, or information to, on, or through the store that is fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, profane, sexually explicit or indecent, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- upload, post, email, transmit, or otherwise make available to Sellers, Buyers or visitors any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation;
- transmit any worms or viruses, spyware, malware, or any other harmful or destructive code;
- violate any applicable federal or local laws in your jurisdiction (including but not limited to intellectual property laws or tax laws);
- use thestore for any illegal or unauthorized purpose;
- impersonate any person or entity, including without limitation, a Homeschooling-dieas employee or user, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- transmit email or any other content that includes personal or identifying information about another person without that person’s explicit consent;
- transmit email or any other content that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
- sell or offer for sale stolen goods and/or materials that infringe a patent, trademark, trade secret, copyright or other proprietary rights of another person, or entity or that violate any rights of privacy or publicity, or that defame or libel any person or entity, or offer content that you do not have a right to make available under any law or under contractual or fiduciary relationships (including without limitation any goods purchased or obtained by you without right of resale such as promotional materials);
- manipulate the price of any item or interfere with other Sellers listings;
- advertise any illegal products or services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
- provide materials or any other content for download that contain viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue with an excessive number of messages (flooding attack) to the store, or in any manner that otherwise negatively affects Members’ and visitors’ ability to use the store;
- employ misleading email or IP addresses, or forged headers, or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service;
- attempt to gain unauthorized access to Homeschooling-ideas computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service;
- “stalk” or otherwise harass anyone on or through the Service;
- collect any personally identifying data about Members or visitors for commercial or unlawful purposes; or
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service-except for internet search engines (e.g., Google or Yahoo!) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file, or that are “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved,” and to develop, invoke, or utilize any means to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of any automated means you may use to access the Service.
7. Inappropriate User-Submitted Content.
Homschooling-ideas prohibits certain user conduct and content described above and, without obligation, will use reasonable efforts to eliminate such conduct and content from the Service. Nevertheless, you acknowledge and agree that (i) Homeschooling-ideas is not and cannot be responsible for any content, information, or materials posted by users on the Service, (ii) you may be exposed to any such materials, information, or content, and (iii) you must bear all risks associated with the exposure to and/or use of any such materials, information, or content, including without limitation any reliance on the accuracy, completeness, or usefulness of such materials, information, or content. Without limitation of the foregoing, Homeschooling-ideas has the right to, but may or may not, pre-screen and/or monitor content posted on the store and without limiting any remedies, may remove, edit, move, or close, in whole or in part, any content, information or materials, or thread or posting in any chat room and/or similar feature on the Service, at any time for any reason, in Homeschooling-ideas sole discretion.
8. Links to Other Sites and Resources.
The Service contains links to other websites or resources. Homeschooling-ideas has no control over such external sites and resources. You agree that (i) Homeschooling-ideas is not responsible for the availability or accuracy of such external sites and resources, and (ii) Homeschooling-ideas does not endorse nor is it responsible or liable for any content, advertising, products, services or materials on or available from such external sites and resources. Any reliance on the contents or services of such an external website or resource is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
9. Copyright Policy
We respect the intellectual property rights of others, and we ask that our Sellers and users do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of users who we believe in good faith are repeatedly infringing copyrighted works. .
10. Privacy Policy
We take the privacy of our users’ and Members’ information very seriously. Our Privacy Policy is available at https://www.homeschooling-ideas.com/privacy-policy.html By accepting these Terms of Service, you agree to be bound by our Privacy Policy, which is by this reference expressly incorporated into this Agreement.
11. Indemnity
By accepting this Agreement, you agree to indemnify and hold Homeschooling-ideas and any subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any and all claims, demands, liabilities, expenses, or tax assessments, including reasonable attorneys’ fees, arising out of any claim made by any third party or any action taken by any governmental or regulatory body (including, without limitation, the Federal Trade Commission or any state attorney general), due to, arising out of, or relating to (i) any product, content, information, or materials that you submit, sell, purchase, post, transmit, provide, or otherwise make available through the Service, (ii) your use of the Service, (iii) your connection to the Service, (iv) your actual or alleged breach of this Agreement (v) your actual or alleged infringement of any third party intellectual property or proprietary rights, or (vi) your actual or alleged violation of any applicable laws, rules, regulations, or rights of another.
12. Warranty Disclaimers
YOU AGREE THAT THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF THE SERVICE PROVIDED BY HOMESCHOOLING-IDEAS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HOMESCHOOLING_IDEAS, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE SERVICE, AND YOUR ACCESS TO AND USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. HOMESCHOOLING-IDEAS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CREDIBILITY OF THE MEMBERS OF THE SERVICE; THAT MEMBERS WILL PERFORM AS PROMISED; ABOUT THE TRUTHFULNESS, ACCURACY, OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE; ABOUT THE AVAILABILITY, QUALITY, CHARACTERISTICS, LEGITIMACY, FUNCTIONALITY, PRICING, SHIPPING, DELIVERY, SECURITY, OR SAFETY OF ANY PRODUCTS OR CONTENT (INCLUDING, WITHOUT LIMITATION, ANY TEACHING CONTENT) LISTED FOR SALE ON THIS SERVICE; OR ABOUT ANY PRODUCT DESCRIPTIONS OR PRODUCT LITERATURE. HOMESCHOOLING-IDEAS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENTS OF THE SERVICE OR ANY PRODUCTS LISTED FOR SALE ON THE SERVICE ARE FIT FOR ANY PARTICULAR PURPOSE OR WILL MEET ANY USER’S REQUIREMENTS, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT OR CONTENT POSTED, EMAILED, TRANSMITTED, SOLD, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. THOMESCHOOLING-IDEAS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HOMESCHOOLING-IDEAS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES (INCLUDING ANY SELLERS OR TEACHER-BUYERS). AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. ADDITIONALLY, HOMESCHOOLING-IDEAS IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOST PROFITS THAT RESULT FROM MEMBERS DIRECTLY CONTACTING OTHER MEMBERS OR FOR ANY DAMAGES OR LOST PROFITS RESULTING FROM TRANSACTIONS CONDUCTED OUTSIDE OF THE SERVICE, INCLUDING TRANSACTIONS THAT MAY ORIGINATE THROUGH THE SERVICE BUT ARE TAKEN OFFLINE OR OUTSIDE OF THE SERVICE.
13. Limitation of Liability
YOU AGREE THAT HOMESCHOOLING-IDEAS, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, OR DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO, USE, OR THE INABILITY TO ACCESS OR 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. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. HOMESCHOOLING-IDEAS ’ LIABILITY TO YOU OR ANY THIRD PARTY SHALL IN NO EVENT BE, IN THE AGGREGATE, GREATER THAN THE LESSER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO HOMESCHOOLING-IDEAS DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00).
YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING AND USING THE SERVICE AND AGREEING TO THE TERMS OF THIS AGREEMENT, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” FURTHERMORE, IF YOU ARE A RESIDENT OF ANOTHER STATE OR JURISDICTION, YOU AGREE TO WAIVE IN ADVANCE ANY SIMILAR LAWS OF SUCH OTHER STATE OR JURISDICTION.
14. Termination
We reserve the right to suspend or terminate, or take any other action or remedy that we deem reasonable, appropriate, or necessary, in our sole discretion, with respect to your Member Account immediately, without prior notice or liability, for any reason. If we terminate your account, your right to use the Service will immediately cease. You may terminate your Member Account at any time and for any reason, and we will make available through the Service reasonable means for you to do so. All provisions of this Agreement will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.
15. Miscellaneous Provisions
- Ownership of Site. This site is owned by Julie Gilbert. and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of this site are the property of Homeschooling-ideas.com. and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Except as otherwise specifically provided in connection with certain features of the store no material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Homeschooling-ideas.’s copyright, trademark, and trade secret rights and others’ proprietary rights. For purposes of this Agreement, the use of any such material on any other website or networked computer environment is prohibited.
- No Agency. Homeschooling-ideas is not the agent or representative of any site users (including, without limitation, any Sellers, or Buyers), nor does it operate under their authority for any purpose. Homeschooling-ideas is simply a service provider that offers users the technological means to communicate with each other, sell goods to each other, and buy goods from each other.
- Dispute Resolution. Any controversy or claim arising out of or relating to the Terms of Service, or the breach thereof, shall be submitted to the UK law courts, and you hereby agree to submit to the exclusive jurisdiction thereof.
- Waiver and Severability. The failure of Homeschooling-ideas to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Terms of Service shall be held unlawful, void, or unenforceable for any reason, then that provision shall be deemed severed from this Terms of Service and shall not affect the validity and enforceability of the remaining provisions. The severed provision shall be deemed modified so that its purpose can be lawfully effectuated and enforced.
- Notices. Homeschooling-ideas may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by email or postings on the Service.
- Future Modifications of Terms of Service. Homeschooling-ideas reserves the right to modify the Terms of Services at any time, by posting amended terms on this website. Your continued use of the Service indicates your acceptance of the amended Terms of Service. If you do not agree to the terms of this Agreement or any modified version of this Agreement, do not continue to use the Service or access the site.
- Future Changes in the Service. Homeschooling-ideas reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Service or any part thereof with or without notice. Homeschooling-ideas
will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.