This Terms and Conditions Agreement (the “Terms” and/or the “Agreement”) is between you and My Homeschool Hub, LLC (hereinafter, “MHH”) a Colorado limited liability company, whose mailing address is My Homeschool Hub, PO Box 25913 Colorado Springs, CO 80936. By accessing the MHH websites, currently located at myhomeschoolhub.com and usedcurriculumsale.com (collectively, the “Sites”), and using any of the Services (as defined below) accessible through the Sites, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Sites or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms and conditions, and such terms and conditions will be either listed in this Agreement or will be presented to you for your acceptance when you sign in to use such Services. This Agreement is subject to change by MHH in its sole discretion at any time, and any such changes will be posted on the Site. Your continued use of this Sites or the Services after the posting of revisions to this Agreement shall constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
- MHH owns and operates the Sites and Services located at myhomeschoolhub.com , usedcurriculumsale.com. howcanihomeschool.com, classifiedshomeschool.com, homeschoolusedcurriculum.com, curriculumclassifieds.com, usedcurriculummarketplace.com, homeschoolbuyandsell.com yourtribefinder.com The “Services” as contemplated in this Agreement consist of the following, without limitation: (a) a service for Homeschool Parents, (b) interactive content and community services such as the Used Curriculum Marketplace, Tribe Finder, Community Groups, Resource Services and any other services offered by or on behalf of MHH (through various subscription levels). MHH may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or any revised Services. MHH also reserves the right to cease offering any of the Services at any time.
- MHH is an online community for subscribing homeschoolers and subscribing businesses (each a “Member”) who support homeschoolers to connect, trade information, share ideas, and buy/sell homeschool related products in a central location. The purpose is to minimize the time homeschoolers spend looking for information, help homeschoolers find encouragement, support, and coaching from other homeschoolers, provide a marketplace for homeschoolers to buy and sell used curriculum, books, and supplies specific to homeschooling, provide a social media platform free from data mining, search for friends, join community groups and generally, to help homeschoolers connect with like-minded homeschoolers, as well as homeschooled kids to connect with other homeschooled kids. This Agreement, and all other terms, conditions and policies set forth herein, including our Prohibited Items List, are designed to create a respectful, friendly, profitable, and safe environment for all Members. By reading and agreeing to these Terms, you can be informed about the purpose and spirit MHH, the Sites and the Services, and you can avoid unintentionally breaking the rules, which will help create a community full of trustworthy Members with quality products, information and services available homeschoolers.
- Access to Member only pages of MHH requires a subscription and payment. There are various subscription levels available, and each allows access to certain Sites and Services, which such details are available on the Sites. Any subscription requires payment by credit card or debit card. Membership/subscription dues will not be deducted automatically from the card a Member keeps on file in their account. Members must go in manually at the end of their membership term to make payment to renew their membership. Membership includes creating an account, creating a profile, posting items for sale, joining and participating in the Friend Finder, Community Groups, and access to the Resources pages. MHH will not store any credit card or debit card information on any MHH Site or server. MHH uses CAYAN as its primary payment processor, and all credit card numbers and payments will be made through a token that is created, managed, and housed on CAYAN’s payment processor and server. CAYAN is a Level 1 PCI Compliant payment processor.
Private teachers, tutors, businesses, organizations, MLMs, used book sellers, and youth entrepreneurs will have a separate subscription without access to the Member only pages of the Sites. Any teachers, business owner, MLMs, used book sellers, or youth entrepreneurs that want a Membership for their own participation in the Used Curriculum Marketplace, Community Groups, and/or Friend Finder will have to purchase an individual membership separately and may not advertise their products in these groups. Convention level subscriptions will not have access to standard Member-only pages of the Sites.
- Member Account. In order to build accountability and a strong, trusted community of homeschoolers and business that support homeschoolers, MHH asks that Members and businesses provide real names when creating an MHH account. As a Member, you will be solely responsible and liable for any and all loss, damage, and additional costs that we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information as needed. By registering and maintaining a Member account with MHH, you are committing to the following:You will not provide any false information on the Sites;
a. You are 18 years of age or older;
b. You are not currently charged with and/or have never been convicted of a violent or sexual crime, kidnapping, any crime involving a child, and you are not a registered sex offender.
c. Your contact information is accurate and up-to-date;
d. You will not share your username or password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
f. MHH reserves the right to revoke any Member from the MHH Sites for breach of these Terms, any Greater Community Rules, or for the making, publishing, ratifying or endorsing of any disparaging remarks including but not limited to defamatory or malicious content against or about MHH, its employees and/or its Members. In the case of a Member’s membership is removed a violation of these Terms, a refund for the remaining subscription term will not be given.
- Forum for Buying/Selling Homeschool Products/Services. MHH provides a forum for homeschoolers to buy and sell homeschool related products and curriculum between Members. By participating in MHH’s forum for buying and/or selling homeschool related products and/or services, you hereby agree to the following:
a. All agreements made for the exchange or purchase of goods or services are made directly between Members. The My Homeschool Hub website is a marketplace in which the communication between sellers and buyers takes place.
b. Transactions between buyers and sellers will vary in value and are negotiated directly between buyers and sellers. MHH takes no part in and shall have no responsibility for vetting the quality of and/or the market price of any products or services bought or sold on any Sites.
c. Sellers, by selling through the Sites, are committing to selling items for sale at the price agreed with a particular buyer.
e. Non-homeschool products and services (i.e. household goods, vehicles, clothes, real estate, pets, pet supplies, etc.) will not and cannot be listed for sale on any of the Sites.
f. MHH does allow advertising for businesses and/or events under a separate subscription rate in the business listing section of MHH’s website. Advertising may be purchased for a privately negotiated rate for advertising space.
g. MHH does not pre-screen or vet the products or services offered by sellers through the Sites. Buyers should do their own due diligence. In other words, buyer beware.
g. Buyers and sellers must be over the age of 18 or have parental or legal guardian supervision when buying or selling any item through the MHH website.
h. Sellers, by placing an item for sale, are representing and warranting that they have the legal right and title to any such products and/or services available for sale.
i. Sellers are solely responsible for pricing their items, and for calculating, remitting and repaying all applicable taxes in respect of goods or services they sell through the MHH website.
j. Sellers are responsible to comply with all copyright and licensing agreements deemed by the original seller of products. Make sure you are allowed to resell your items, MHH is not liable for any sales that fall outside of original license or copyright agreements.
k. Disputes between buyers and sellers must be resolved between buyers and sellers. Members may elect to report problems to MHH leadership, who may (or may not), at their own discretion, intervene and/or attempt to assist where possible in the resolution of Member disputes. MHH leadership may be called upon via email at firstname.lastname@example.org to request assistance in resolution of disputes. MHH leadership will, at its own discretion, try to help resolve disputes as an informal mediator based on our experience working with people; provide, however, the responsibility for resolution of disputes remains completely with buyers and sellers.
l. MHH has a zero tolerance policy for breach of these Terms, including but not limited to if a member is reported or found to be selling Prohibited Items. MHH reserves the right to remove any item for sale and/or, subject to the severity of the breach, remove the Member from MHH Sites as a Member. Any item or Member who is removed from MHH website is not eligible for a refund for the remaining subscription term or the value of the item.
m. The MHH Sites are used for posting items for sale by third parties. MHH has no control over and, to the extent permitted by law, makes no representations, warranties or conditions in relation to the merchantability, suitability, quality, safety or legality of any items advertised for sale on MHH Sites. MHH aims to ensure a safe marketplace through these Terms and the requirements of our Prohibited Items list which all users must adhere to on the Sites.
n. MHH prohibits the sale of a number of items, such as firearms, regulated products and services and illegal goods and services. A non-exhaustive list of these items is available here: Prohibited Items. Members shall ensure they are not posting any goods or services that are illegal in their jurisdictions. The Prohibited Item list is updated from time to time and is part of these Terms. MHH may, at its sole discretion and without notice, remove any item, content or information MHH views as being a Prohibited Item. Members may report any Prohibited Items they see posted via email at email@example.com.
o. My Homeschool Hub reserves the right to remove any posts and/or items for sale if a seller does not respond to questions or comments on a post within 72 hours.
- Community Groups. MHH is dedicated to fostering the homeschool community by providing a forum for creating Community Groups. Community Groups are available for members to join in order to connect with other like-minded homeschoolers to encourage and coach one another. Each Member shall have the right to form and/or enter and participate in a Community Group. A Member forms a Community Group by becoming a “Moderator” and agreeing to take on the role and responsibility of the Moderator for any Community Group that they create. A Moderator is in charge of the success of a Community Group by keeping Members involved, promoting the Community Group, monitoring the Community Group for any behavior that is in conflict with the vision and mission of MHH. Community Groups may have specific rules that are not created or monitored by MHH. If a Community Group’s rules are in conflict with MHH Terms and policies, MHH’s Terms and policies shall govern. If you are concerned about any specific rules in a Community Group, you may contact MHH at firstname.lastname@example.org
Moderators shall have access to additional features of MHH to support their efforts to make their Community Group a better place for homeschoolers and Members in their Community Group. Moderators should be gracious, fair, friendly, caring, encouraging, objective and quick to answer Member questions. This will help foster Community Groups based on respect and allow Members to stay focused on their responsibility as the primary educators of their children.
The Moderator’s role is to maintain Community Groups with content Members. Occasionally this may present the need to privately mediate conflict between Members in a peaceful and impartial manner. A Moderator’s ultimate goal is to grow their Community Group by word of mouth referrals. My Homeschool Hub is a community for homeschoolers. We recognize that there is a very wide span of beliefs within the greater homeschool community. Even though belief systems and world views may differ greatly, we are all a part of the same, greater homeschooling “family” and we operate to respect and support all homeschoolers in their quest to home educate. Moderators act voluntarily as mediators, have no legal obligation, and assume no liability for resolving conflicts among Members in their Community Groups.
Moderators may suspend or deny access of a specific Community Group to any person committing a serious offense on the My Homeschool Hub site. Reasons for suspension or denial of admission to a Community Group are as follows: aggression, threats, or name calling towards other Members. See the Greater Community Rules for further clarification on what behaviors are deemed unacceptable on My Homeschool Hub. All Members must follow the Greater Community Rules. Moderators may not restrict access to My Homeschool Hub Community Groups for personal reasons such as (but not limited to): race, gender, age, difference in opinion in religious matters, political differences, personal dislike for, or previous knowledge of another Member.
Moderators may optionally implement “House Rules” as long as they are reasonable and do not conflict with My Homeschool Hub’s Vision, Mission, Terms, Policies or Greater Community Rules. Moderators must remove content they deem inappropriate, illegal or against My Homeschool Hub’s Terms and Policies.
My Homeschool Hub reserves the right but shall have no obligation to monitor and/or override any House Rules or decisions made by Moderators that do not adhere to the letter or spirit of the Terms or any other Policies that are referenced herein.
- Safety, Community Group, Friend Finder, and Meet Ups Sales Rules. MHH is committed to the safety of Members buying and selling online using our platform. We do our very best to keep the My Homeschool Hub safe but we also rely upon our Members to help, which includes the following commitments from each Member:
a. No bullying, badgering, intimidation, threats, name calling, or harassment of any member.
b. No posting of content that: is hate speech, bigoted, is threatening, is sexual or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
c. No posting of content that is defamatory, abusive, obscene, profane, offensive, or inaccurate.
d. No use of other’s copyrighted material (music, movies, videos, pictures, images, software, etc) without the owner’s written consent.
e. No posting images, video, audio of someone else without their consent.
f. No posting images, video, audio of a minor unless you are their legal guardian or have written permission to post these things.
g. No activity intending to defraud, swindle, or deceive anyone using My Homeschool Hub.
h. No promoting illegal or unlawful activities such as how to make or purchase weapons, purchase weapons or illegal or prescription drugs, violate someone privacy or peace, harassment or harm to an individual, or conduct identity theft.
i. No dissemination of viruses, time bombs, trojan horses, cancelbots, worms, or other harmful codes, components, or devices.
j. No dissemination of copy-protect devices circumvention.
k. No collection of Member’s personal information
l. No sharing of any Member’s personal information without their explicit given permission
m. No impersonations of another Member
n. No Gambling
o. No Spam, chain letters, or junk mail may be sent to other Members.
p. No spamming, spimming, phishing, trolling, or similar activities
q. No use of the My Homeschool Hub website to do anything unlawful, fraudulent, misleading, malicious, or discriminatory.
r. No collection of Members’ content or information for any purpose other than responding to and facilitating a purchase or sale through the My Homeschool Hub website.
s. No access to the My Homeschool Hub website using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
t. No unlawful marketing, such as a pyramid schemes.
u. No promoting or linking to other platforms competing directly or indirectly with My Homeschool Hub.
v. No promoting or linking to external websites or mobile applications that contain content that goes against the letter or spirit of these Terms or Policies, such as but not limited to gambling and pornographic websites or web or mobile properties distributing dangerous, illegal or copyrighted content.
w. No public posting of personally identifiable information, such as but not limited to, phone numbers, street addresses or banking information. For your safety, you may share this information with specific members in private messages.
x. No uploading of viruses or other malicious code.
y. No solicitation of login information or accessing an account belonging to someone else
z. No facilitation, encouragement or actual violations of our Terms or Policies
aa. No shaming of others based on age, race, gender, religious, personal beliefs, political beliefs, or homeschool method.
bb. When interacting with other members of the community in-person, or through any other medium inside or outside of My Homeschool Hub, no behavior that is in any way: sexual, insulting, physically or verbally abusive, threatening, or violent; intimidates another member of the community or any other person; or generally any other form of behavior that is deemed by Moderators or My Homeschool Hub to fall below the expected standard of behavior that you commit to by using the My Homeschool Hub website.
cc. You acknowledge that by using the MHH Sites you might be exposed to materials that you consider offensive, indecent or objectionable. Under no circumstances will MHH be liable in any way to you for exposure to such materials or content. Provided, however, if you see any offensive or otherwise objectionable content on MHH Sites, please inform us via email email@example.com MHH reserves the right, but not the obligation, to regulate content on the MHH Sites. As stated previously, MHH also has the right in its sole discretion to limit, modify, suspend or discontinue or remove any content; provided, however, MHH and its employees, owners and representatives shall not be liable for any losses, damages or harm resulting from such action or inaction.
- Sharing Your Content and Information. Members own the content and information they post any MHH Sites. In addition:
a. For content that is covered by intellectual property rights, like photos and videos, Members grant MHH a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license right to use, modify, publish, transmit, make available and otherwise exploit content that is posted by Members on the My Homeschool Hub website and in any other media for administrative and promotional purposes. By posting content on the MHH Sites Members represent and warrant that they have the necessary rights to grant the license rights granted herein.
b. Members may delete content and information posted on any MHH Sites; provided, however, if a Members shares information with other Members, then that information and content may remain available to those Members and the persons with whom they have shared that content and information.
c. By posting content or information, Members are permitting other Members, to access, share and use that information, and to associate it with themselves (i.e. a member’s name and profile picture may appear alongside information they post or that is shared).
d. You hereby agree as follows:
i. Permission to use content you create and share: You own the content you create and share on MHH’s Sites, and nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. To provide our services, MHH needs you to give legal permission to use your content. Specifically, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on any Sites, you give MHH permission to store, copy, and share it with others, such as service providers that support our service. You can end this license any time by deleting your content or account. You should know that, for technical reasons, content you delete may persist for a limited period of time in backup copies (though it will not be visible to other users). In addition, content you delete may continue to appear if you have shared it with others and they have not deleted it.
ii. Permission to use your name, profile picture, and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions you have taken on any Sites next to or in connection with ads, offers, and other sponsored content that we display across our Services, without any compensation to you. For example, we may show your friends that you are interested in an advertised event or have liked a Page created by a brand that has paid us to display its ads on MHH’s Sites. Ads like this can be seen only by people who have your permission to see the actions you’ve taken on the Sites. If you are under the age of eighteen (18), you represent that a parent or legal guardian also agrees to this section on your behalf.
e. Limits on using our intellectual property.
i. If you use content covered by intellectual property rights that we have and make available in our Services (for example, images, designs, videos, or sounds we provide that you add to content you create or share on My Homeschool Hub), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks with our written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
- LIABILITY DISCLAIMER. THE INFORMATION AND MATERIALS PROVIDED ON THE MY HOMESCHOOL HUB ARE PROVIDED “AS IS.” WE DO NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THE MY HOMESCHOOL HUB WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THE MY HOMESCHOOL HUB WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (III) THE MY HOMESCHOOL HUB WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY ON THE MY HOMESCHOOL HUB WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE MY HOMESCHOOL HUB WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE MY HOMESCHOOL HUB WEBSITE AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SELLER.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THE MY HOMESCHOOL HUB WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE MY HOMESCHOOL HUB WEBSITE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
- As a Member, you hereby agree that you bear all risk associated with posting content on any MHH Sites, meeting up with people you meet in the Friend Finder or in the Classified Listings buying or selling products and/or services on any MHH Sites and generally any risk being a Member. Furthermore, you agree to release MHH (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, now and in the future, arising out of or in any way connected with your use of the MHH Sites.
- A Member may terminate their account and/or stop using MHH Sites at any time. MHH reserves the right to, at any time, under any circumstances and without prior notice, immediately ban or terminate or suspend all or a portion of a Member’s account and/or access to the Sites, with or without cause, and without refund for subscriptions paid. Any such termination or suspension shall be made by MHH in its sole discretion, and MHH will not be responsible to any member or any third party for any damages that may result or arise out of such termination or suspension of an account and/or access to MHH Sites.
If anyone brings a claim against MHH related to a Member’s actions, content or information on the Sites, such Member will indemnify and hold MHH harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although MHH provides rules for member conduct, MHH does not control or direct Members’ actions on the Sites, and MHH is not responsible for the content or information Members transmit or share on the MHH Sites. MHH is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information that may be encounter on the MHH Sites. MHH is not responsible for the conduct, whether online or offline, or any Member.
- Copyright Infringement. Digital Millennium Copyright Act Notice. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify My Homeschool Hub via email firstname.lastname@example.org as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
a. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
b. Identification of the copyrighted work that you claim is being infringed;
c. Identification of the material that is claimed to be infringing and where it is located on the Site;
d. Information reasonably sufficient to permit My Homeschool Hub to contact you, such as your address, telephone number, and e-mail address;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
f. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
g. The above information must be submitted to the following DMCA Agent:
Designated Copyright Agent
My Homeschool Hub
PO Box 25913, Colorado Springs, CO 80936
email@example.com (only DMCA notices will be accepted at this email address. All other inquiries or requests will be discarded)
- Term and Termination. This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or MHH may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. MHH reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to MHH by you will be nonrefundable. You may terminate your account by following the steps in the applicable section under “Cancellations” below, or in writing to My Homeschool Hub, PO BOX 25913 Colorado Springs, CO 80936. Following any termination of any Member’s use of the Site, MHH reserves the right to send a notice thereof to other Members with whom you have corresponded.
- Cancellation At Any Time With No Refund. Except as otherwise stated in this section, you may cancel your registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period by accessing the “Account Settings” page under the “My Settings” option on your membership home page, clicking on “Cancel My Subscription” or “Close Account” link, and providing the information requested. In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term.
3-Day Cancellation. Regarding the Services, you, the Member, may cancel the Agreement, without any penalty or obligation, at any time prior to midnight of the third business day following the date of this Agreement, excluding Sundays and holidays. To cancel this agreement, you can or mail a signed and dated notice, or telegram, which states you, the buyer, are canceling this agreement, or words of similar effect. This mailed notice shall be sent to My Homeschool Hub, LLC firstname.lastname@example.org. Please include the e-mail address associated with your My Homeschool Hub account in the email. For Services, the day that you submit a completed subscription form will be the date of this Agreement. Any refunds under this 3-day cancellation policy will be made within 10 days after My Homeschool Hub receipt of your cancellation notice.
Cancellation As a Result of Death or Disability. If by reason of death or disability you are unable to receive all Services for which you contracted, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability. “Disability” means a condition which precludes you from physically or mentally using the Services during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to MHH. If the physician determines that the duration of the disability will be less than six (6) months, MHH may extend the term of the Services contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
- **RENEWALS**. You are responsible for renewing your subscription at the end of your membership term. You will receive an email notification advising you that your subscription is about to expire. MHH does not store credit card information and does not automatically deduct your subscription dues.
18. Arbitration Agreement & Class Action Waiver. This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and MHH. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
Please read this Arbitration Agreement carefully. It provides that all disputes between you and MHH shall be resolved by binding arbitration. Arbitration replaces the right to go to court. Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).
For the purpose of this Arbitration Agreement, “MHH” means My Homeschool Hub, LLC. and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and MHH regarding any aspect of your relationship with MHH, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
Pre-Arbitration Dispute Resolution: For all Disputes you must first give MHH an opportunity to resolve the Dispute. You must commence this process by mailing written notification to My Homeschool Hub, PO BOX 25913 Colorado Springs, CO 80936. Such written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If MHH does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
Arbitration Procedures: If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or MHH may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.
For arbitration before the AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because your contract with MHH, the Terms, and this this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration: Any and all arbitrations over any Dispute shall take place in Colorado Springs, CO. You hereby expressly agree that Colorado Springs, CO, is the sole, absolute and only venue for any Disputes under this Agreement.
Payment of Arbitration Fees and Costs: MHH will pay half of the arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for filing fees, costs, and expenses, all additional fees, and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with My Homeschool Hub as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from My Homeschool Hub your actual and reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver: The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and My Homeschool Hub specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other Member of My Homeschool Hub and/or user of My Homeschool Hub services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.
Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, you and My Homeschool Hub are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and My Homeschool Hub might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
Severability: If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.
Continuation: This Arbitration Agreement shall survive the termination of your contract with My Homeschool Hub and your use of My Homeschool Hub services.
a. Nothing in these Terms shall prevent us from complying with the law. Members must comply with all applicable laws when using or accessing the Sites.
b. MHH reserves all rights not expressly granted or reserved herein.
c. MHH may from time to time amend these Terms without prior notice. Full and up-to-date Terms are available for reference. Your use of the MHH Sites after any amendments or updates to these Terms shall signify your acceptance of such revised terms. You should visit this page periodically to review these Terms.
d. All content provided by MHH and forming part of the MHH Sites, such as text, graphics, logos, is the property of MHH, or its suppliers, and is protected by Colorado and international copyright laws.
e. You shall not attempt to override or circumvent any of the usage rules or restrictions on the MHH Sites. In the event any provision or part hereof is determined by a court of competent jurisdiction to be unenforceable, such provision, or part thereof, shall be deemed to be severed from this Agreement and the remaining provisions of this Agreement shall continue in full force and effect and shall be binding upon the parties hereto as though such severed provision had not formed part of this Agreement.
f. These Terms make up the entire agreement between you and MHH regarding your use of the Sites. They supersede any prior agreements.
g. Some of the Services we offer are also governed by supplemental terms. If you use any of those Services, supplemental terms will be made available and will become part of MHH’s agreement with you.
h. If MHH fails to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by MHH.
i. You will not transfer any of your rights or obligations under these Terms to anyone else without MHH’s consent.
j. MHH reserves the right to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).
k. MHH always appreciates your feedback and other suggestions about our products and services. But, you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
l. MHH reserves all rights not expressly granted to you.
- Revision Date. This Agreement was last revised on July 26, 2018.