SITE USAGE & CONSULTATION TERMS & CONDITIONS

Site Usage & Consultation Terms and Conditions

Agreement between User and dearhomeschoolmom.com

Welcome to dearhomeschoolmom.com. The dearhomeschoolmom.com website (the “Site”) is

comprised of various web pages operated by Dear Homeschool Mom (“DHSM”).

dearhomeschoolmom.com is offered to you conditioned on your acceptance without modification

of the terms, conditions, and notices contained herein (the “Terms”). Your use of

dearhomeschoolmom.com constitutes your agreement to all such Terms. Please read these terms

carefully, and keep a copy of them for your reference.

dearhomeschoolmom.com is an E-Commerce Site.

Provide educational services and resources to families and organizations

Privacy

Your use of dearhomeschoolmom.com is subject to DHSM’s Privacy Policy. Please review our

Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting dearhomeschoolmom.com or sending emails to DHSM 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 Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

DHSM does not knowingly collect, either online or offline, personal information from persons

under the age of thirteen. If you are under 18, you may use dearhomeschoolmom.com only with

permission of a parent or guardian.

Cancellation/Refund Policy

All sales are final and no refunds will be issued for events, digital products, physical products,

courses, masterclasses, video trainings, phone consultations or coaching programs. Please read through

all content prior to making your purchasing decision or securing  consultation services.

Links to Third Party Sites/Third Party Services

dearhomeschoolmom.com may contain links to other websites (“Linked Sites”). The Linked Sites

are not under the control of DHSM and DHSM is not responsible for the contents of any Linked

Site, including without limitation any link contained in a Linked Site, or any changes or updates to a

Linked Site. DHSM is providing these links to you only as a convenience, and the inclusion of any

link does not imply endorsement by DHSM of the site or any association with its operators.

Certain services made available via dearhomeschoolmom.com are delivered by third party sites

and organizations. By using any product, service or functionality originating from the

dearhomeschoolmom.com domain, you hereby acknowledge and consent that DHSM may share

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such information and data with any third party with whom DHSM has a contractual relationship to

provide the requested product, service or functionality on behalf of dearhomeschoolmom.com

users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use

dearhomeschoolmom.com strictly in accordance with these terms of use. As a condition of your

use of the Site, you warrant to DHSM that you will not use the Site for any purpose that is

unlawful or prohibited by these Terms. You may not use the Site in any manner which could

damage, disable, overburden, or impair the Site or interfere with any other party’s use and

enjoyment of the Site. You may not obtain or attempt to obtain any materials or information

through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the

compilation thereof, and any software used on the Site, is the property of DHSM or its suppliers

and protected by copyright and other laws that protect intellectual property and proprietary rights.

You agree to observe and abide by all copyright and other proprietary notices, legends or other

restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create

derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

DHSM content is not for resale. Your use of the Site does not entitle you to make any

unauthorized use of any protected content, and in particular you will not delete or alter any

proprietary rights or attribution notices in any content. You will use protected content solely for

your personal use, and will make no other use of the content without the express written

permission of DHSM and the copyright owner. You agree that you do not acquire any ownership

rights in any protected content. We do not grant you any licenses, express or implied, to the

intellectual property of DHSM or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by DHSM from our offices within the USA.

If you access the Service from a location outside the USA, you are responsible for compliance

with all local laws. You agree that you will not use the DHSM Content accessed through

dearhomeschoolmom.com in any country or in any manner prohibited by any applicable laws,

restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless DHSM, its officers, directors, employees,

agents and third parties, for any losses, costs, liabilities and expenses (including reasonable

attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any

user postings made by you, your violation of any terms of this Agreement or your violation of any

rights of a third party, or your violation of any applicable laws, rules or regulations. DHSM

reserves the right, at its own cost, to assume the exclusive defense and control of any matter

otherwise subject to indemnification by you, in which event you will fully cooperate with DHSM in

asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or

concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or

otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved

only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single

neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration

service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s

award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the

event that any legal or equitable action, proceeding or arbitration arises out of or concerns these

Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable

attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and

Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or

indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree

that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The

entire dispute, including the scope and enforceability of this arbitration provision shall be

determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms

and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class

arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE

THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S

INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY

PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH

AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE

OTHER. Further, unless both you and DHSM agree otherwise, the arbitrator may not consolidate

more than one person’s claims, and may not otherwise preside over any form of a representative

or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR

AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR

TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE

INFORMATION HEREIN. DEAR HOMESCHOOL MOM AND/OR ITS SUPPLIERS

MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

DEAR HOMESCHOOL MOM AND/OR ITS SUPPLIERS MAKE NO

REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,

TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,

SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY

PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL

SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED

GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF

ANY KIND. DEAR HOMESCHOOL MOM AND/OR ITS SUPPLIERS HEREBY

DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,

INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

SHALL DEAR HOMESCHOOL MOM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY

DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL

DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT

LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF

OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,

WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE

PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS

OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF

THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT

LIABILITY OR OTHERWISE, EVEN IF DEAR HOMESCHOOL MOM OR ANY OF ITS

SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE

SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR

LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,

THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED

WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,

YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

DHSM reserves the right, in its sole discretion, to terminate your access to the Site and the related

services or any portion thereof at any time, without notice. To the maximum extent permitted by

law, this agreement is governed by the laws of the State of Ohio and you hereby consent to the

exclusive jurisdiction and venue of courts in Ohio in all disputes arising out of or relating to the use

of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all

provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between

you and DHSM as a result of this agreement or use of the Site. DHSM’s performance of this

agreement is subject to existing laws and legal process, and nothing contained in this agreement is

in derogation of DHSM’s right to comply with governmental, court and law enforcement requests

or requirements relating to your use of the Site or information provided to or gathered by DHSM

with respect to such use. If any part of this agreement is determined to be invalid or unenforceable

pursuant to applicable law including, but not limited to, the warranty disclaimers and liability

limitations set forth above, then the invalid or unenforceable provision will be deemed superseded

by a valid, enforceable provision that most closely matches the intent of the original provision and

the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user

and DHSM with respect to the Site and it supersedes all prior or contemporaneous

communications and proposals, whether electronic, oral or written, between the user and DHSM

with respect to the Site. A printed version of this agreement and of any notice given in electronic

form shall be admissible in judicial or administrative proceedings based upon or relating to this

agreement to the same extent and subject to the same conditions as other business documents and

records originally generated and maintained in printed form. It is the express wish to the parties

that this agreement and all related documents be written in English.

Changes to Terms

DHSM reserves the right, in its sole discretion, to change the Terms under which

dearhomeschoolmom.com is offered. The most current version of the Terms will supersede all

previous versions. DHSM encourages you to periodically review the Terms to stay informed of

our updates.

Contact Us

DHSM welcomes your questions or comments regarding the Terms:

Dear Homeschool Mom

P.O. Box 792

Cleveland, Ohio 44132

Email Address:

dearhsmom@gmail.com

Telephone number:

216-755-4038

Effective as of March 01, 2018

 

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