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Homeschool Buy User Agreement



    Welcome to www.HomeschoolBuy.com (“Homeschool Buy” or “Website”), your family friendly Internet auction alternative! Homeschool Buy appreciates your interest in using Homeschool Buy. Use of Homeschool Buy constitutes your agreement to the following user agreement (“User Agreement”), which includes all terms listed on this page and all rules, policies, procedures and practices hyperlinked from this page, each of which is incorporated by reference and made a material part of this User Agreement. You must read and accept the entire User Agreement, as set forth on this page and all hyperlinked pages, before you may register for an account or otherwise use Homeschool Buy. Registration for an account constitutes your representation, warranty and agreement that you have read, understand and agree to be bound by all portions of the User Agreement as if you had signed a written agreement containing the identical terms.



  1. Users. Any person accessing or using Homeschool Buy is a “User” for purposes of this User Agreement, whether or not User has registered for an account or posted information on or sold or purchased products using Homeschool Buy. The term “User” applies individually to each person reading and agreeing to be bound by the User Agreement and collectively to all people who access or use Homeschool Buy. Use of Homeschool Buy indicates User’s complete acceptance of and agreement to be bound by the User Agreement, including without limitation all Homeschool Buy policies, terms and conditions of use. Homeschool Buy is owned and operated by TOS and provided for use by Users subject and pursuant to the terms and conditions of the User Agreement and all other Website policies, rules, procedures and practices as established, posted and modified from time to time.
  2. General Disclaimer. Homeschool Buy may contain information, facts, views, opinions, statements, recommendations, advertisements, promotions, offers, sales, auctions, links to external websites and other content not created, provided, owned or controlled by Homeschool Buy (collectively, “Website Content”). Homeschool Buy make no warranties or representations as to the accuracy, safety or value of Website Content and accept no responsibility or liability for or arising out of Website Content. Homeschool Buy accept no responsibility or liability for the actions of any User or third party or for Website Content created, provided, uploaded, linked or posted by any User or third party. Website Content does not necessarily reflect the views, opinions or recommendations of Homeschool Buy. Reliance upon Website Content is taken at User’s sole risk.
  3. Purpose of Homeschool Buy. Homeschool Buy exists to offer Users an opportunity to offer, accept, buy, sell, transfer and exchange goods and services and to share information. Users must follow and abide by the User Agreement, Website policies and applicable laws as currently in force and as subsequently revised, amended or restated. Homeschool Buy reserve the sole, discretionary right to (a) suspend or terminate all or any part of the password, account, use privileges and Website access of any User and (b) suspend, delete, block out or eliminate any Website Content, at any time and for any reason, including without limitation a determination by Homeschool Buy staff that a User has engaged in conduct which violates the letter or spirit of the User Agreement, applicable law or any Website policy, rule, procedure or practice. Suspension, termination, deletion, blocking and similar actions may be temporary or permanent at the sole discretion of Homeschool Buy staff. User understands and agrees that suspension and termination rights referenced in this User Agreement may be exercised at any time with or without cause or prior notice and may include full deactivation or deletion of User accounts and Website Content without restoration, backup or recourse. Homeschool Buy has no responsibility to provide User with copies of any suspended, deleted, blocked, terminated or eliminated Website Content.
  4. Description of Service. Homeschool Buy provides User with various opportunities and services, including without limitation the opportunities to register for an account, to post information and comments, to offer products and services for sale and to purchase products and services on and through the Homeschool Buy website. Only Users who agree to all of the terms of the User Agreement and register for an account are permitted to use and access Homeschool Buy and services offered on and through Homeschool Buy. Users are personally responsible for obtaining, providing and maintaining (a) access to the Internet, including without limitation payment of telephone, cable or other connection and service fees associated with Internet access and (b) equipment required to access and use Homeschool Buy and the Internet, including without limitation access to a computer and modem. Homeschool Buy accept no responsibility or liability for the ability or inability of any User to access or use Homeschool Buy.
  5. Fees. There is no cost or fee to create an account at Homeschool Buy or to access Website Content. Costs, charges and fees (“Fees”) do apply for other services, including without limitation listing items for sale through Homeschool Buy. Fees are subject to change without notice. Changes are effective when posted and impact all auctions and sales initiated on or after the posting date. User agrees to the Homeschool Buy Site Fees as currently in force and as modified or amended from time to time. Fees are calculated and must be paid in United States Dollars. Fees must be paid when due. Failure to pay Fees in a timely manner may result in the suspension or termination of User accounts and access privileges as well as legal action and collection proceedings.
  6. Status, Ownership. Homeschool Buy does not take part in or become parties to transactions between Users or between Users and third parties. Homeschool Buy does not transfer legal ownership of, or agree to mediate or resolve disputes relating to, items sold or purchased on or through Homeschool Buy. Transfer of ownership of an item generally takes place at the time the buyer physically receives the item from the seller unless the parties agree to alter this general rule or applicable law requires otherwise. Nothing in this User Agreement is intended or will be interpreted to modify applicable laws governing the transfer of legal ownership from sellers to buyers or the timing of ownership transfers.
  7. Status, Use and Content. Homeschool Buy is not auctioneers and do not take part in or become a party to transactions between Users or between Users and third parties. Homeschool Buy is a website which permits Users to offer, buy and sell a variety of non-prohibited items pursuant to the specific terms of the User Agreement. Homeschool Buy is not a public forum. User understands and agrees that Homeschool Buy does not control Website Content and that each User is solely and completely responsible for all information, data, text, messages, proposals, offers, promotions, sales, purchases, original or derivative ideas, works of authorship, joint works, titles, captions, music, sound, graphics, artistic works, photographic works, video, concepts, methods, improvements, designs, discoveries, ideas, software, websites, trademarks, trade dress and trade secrets, whether or not patentable or registrable under patent, copyright, trademark or similar laws, solely or jointly conceived, and whether or not produced, developed, experimented upon or reduced to practice (collectively, “Material”) and other Website Content created, provided, uploaded, linked or posted by that User. The defined term “Website Content” includes, without limitation, Material posted by Users and third parties. Homeschool Buy neither endorses nor accepts any responsibility for the acts, omissions and Website Content created, provided, uploaded, linked or posted by User or any third party, whether or not permitted or covered by the User Agreement. Homeschool Buy does not control, investigate, represent or warrant the nature, fitness, safety, legality, accuracy, quality or veracity of Website Content, including without limitation items offered for sale on or through Homeschool Buy.
  8. Potentially Offensive Content. User understands that use of Homeschool Buy may result in exposure to Website Content that User finds offensive, indecent or objectionable and agrees to hold Homeschool Buy harmless from and against any responsibility or liability for offensive, indecent or objectionable content and conduct.
  9. No Use by Minors. For purposes of this User Agreement, “Minor” means any natural person under the age of eighteen (18) years with the exception of legally emancipated minors. Minors are not permitted to register for or use accounts or otherwise access or use any of the services offered by or through Homeschool Buy. Use of Homeschool Buy constitutes User’s express representation and warranty that User is over the age of eighteen (18) years or has been legally emancipated by a court of competent jurisdiction or applicable law. User agrees to provide evidence of age and/or legal emancipation, in form and substance acceptable to Homeschool Buy, at the request of Homeschool Buy. Homeschool Buy reserves the right to block or terminate the account access of any User suspected or determined to be a Minor, whether or not the Minor acted with parental permission or supervision.
  10. Personal Use. Homeschool Buy and related services are made available to User for personal use only. User may create, provide, upload, link or post Website Content only in and on permitted portions of Homeschool Buy and may write edit, alter, overwrite, block or delete Website Content originally created, provided, uploaded, linked or posted by User pursuant to the express provisions of the User Agreement. User may not frame or otherwise alter the appearance or functionality of Homeschool Buy and may not edit, alter, overwrite, block or delete Website Content created by Homeschool Buy, other Users or third parties.
  11. Changes and Modifications. Homeschool Buy reserves the sole, discretionary right to change the User Agreement and Website rules, policies, procedures and practices from time to time and will notify Users of significant changes by posting notices on Homeschool Buy. Users are responsible for reviewing the User Agreement and associated rules, policies, procedures and practices on a regular basis. Homeschool Buy reserves the sole, discretionary right to change, suspend or terminate parts or all of Homeschool Buy and related websites and services at any time with or without prior notice. Homeschool Buy is not liable to User or any third party for any change to, suspension or termination of Homeschool Buy or related websites and services. Homeschool Buy reserves the discretionary right to test new policies, procedures, “alpha” and “beta” programs, offers and technologies (collectively, “New Procedures”) at any time and in any manner, including without limitation the right to test New Procedures by granting permission for a limited number of Users to utilize or participate in User testing. Permission for one or more Users to utilize or participate in tests of New Procedures does not constitute or require permission for other Users to utilize or participate in User tests or to engage in conduct which violates the User Agreement or posted rules, policies, procedures and practices.
  12. Loss of Information, Outages. Homeschool Buy assumes no responsibility or liability for deletion of or failure to store Website Content for any reason. Homeschool Buy has no fixed limit on the amount of Website Content a User may create, provide, upload, link or post but retain the exclusive, discretionary right to create, implement and enforce limitations at any time, with or without cause or prior notice. Homeschool Buy accepts no responsibility or liability for “bugs,” errors, losses, damage or other claims relating to or arising out of internal or external hardware or software errors, power failures, outages or the inability of any person to access or use Homeschool Buy at any time or for any reason.
  13. Right to Terminate Service. Homeschool Buy reserves the right to suspend or terminate all or any part of the password, account, use privileges and Website access of any User or third party, and to suspend, delete, block out or eliminate any Website Content, at any time and for any reason, including without limitation a discretionary determination by Homeschool Buy that a User has engaged in conduct which violates the letter or spirit of the User Agreement or any other Website rule, policy, procedure or practice. Suspension, termination, deletion, blocking and similar actions may be temporary or permanent at the sole discretion of Homeschool Buy. Suspension or termination of a User’s account may also result in the suspension or termination of all other accounts registered (a) in the name of the User whose account has been suspended or terminated, (b) to members of the same household as the User whose account has been suspended or terminated and (c) to computers or Users sharing a physical or IP address with the User whose account has been suspended or terminated. A User whose account or access privileges have been blocked or suspended may not create a new account, access Website using an account belonging to another User or otherwise use or access Homeschool Buy while the User’s privileges remain blocked or suspended. A User whose account or access privileges have been terminated may not create a new account or access or use Homeschool Buy in any manner. User understands and agrees that rights reserved by or belonging to Homeschool Buy may be exercised at any time with or without cause or prior notice and that those rights include full deactivation or deletion of Website Content, including without limitation Material created, provided, uploaded, linked or posted by User. Homeschool Buy has no responsibility to provide User with copies of any suspended, deleted, blocked, terminated or eliminated Website Content.
  14. Rules and Policies. User has read, understands and agrees to the terms of the Homeschool Buy Privacy Policy, DMCA Notice, Site Fees, Selling Rules, Purchasing Rules, Restricted Items Policy, SPAM and Unsolicited Contact Policy and Language Policy, each of which is incorporated into the User Agreement by this reference as if fully set forth herein.
  15. User Accounts. Users who register for an account with Homeschool Buy must provide certain personally identifying information and will receive a password and other account information, some of which may be selected or provided by User. User accepts full personal liability and responsibility for all activities occurring under or arising out of accounts registered to, for or by User, with no exceptions. User accepts full responsibility for maintaining the confidentiality and security of passwords and account information. User may change the password assigned to User’s account pursuant to instructions posted at Homeschool Buy. User may close existing accounts and set up new accounts at will, provided that a User may not close an existing account or open a new account (a) for any reason or purpose which would violate or circumvent the User Agreement or any posted rule, policy, procedure or practice, (b) to commit or encourage others to commit any illegal act, (c) to misrepresent the identity of User or any third party, or (d) to re-establish an account or access to Homeschool Buy for or on behalf of any individual whose use privileges have been suspended or terminated for any reason. User must immediately notify Homeschool Buy of any unauthorized use of User’s account or any other known breach of the User Agreement.
  16. Terminating Accounts. User may terminate accounts registered to, by or on behalf of User. If User objects to any portion of the User Agreement or any other rule, policy, procedure or practice established, revised or posted by Homeschool Buy the only remedy or recourse available to User is to immediately cancel all accounts registered to, by or on behalf of User and discontinue use of Homeschool Buy. Access and use privileges terminate immediately upon cancellation or termination of a User account. User has no right, and Homeschool Buy has no obligation, to delete or to continue to post Website Content, to forward unread or unsent messages to User or to provide User with information, access or service of any kind during suspension or following termination of an account registered by, for or on behalf of User, regardless of the reason for suspension or termination. Homeschool Buy reserves the absolute, discretionary right to terminate, delete, modify or restrict access to any and all Website Content and User accounts at any time with or without cause or prior notice. User agrees to the terms of this paragraph without reservation. User understands and agrees that the right of Homeschool Buy to terminate, delete, modify and restrict access to Website Content and to terminate Homeschool Buy and related services at any time, with or without cause or prior notice is a vital, non-negotiable part of this User Agreement.
  17. Advertising and Promotions. Homeschool Buy features Website Content, including without limitation advertisements, promotions and offers, by or from third parties not owned or operated by TOS and Homeschool Buy. User understands and agrees that User is not entitled to editorial control, compensation or consideration from TOS or Homeschool Buy relating to or arising out of Website Content. USER HEREBY RELEASES TOS AND HOMESCHOOL BUY FROM ANY AND ALL LIABILITY RELATING TO CONTACT, COMMUNICATIONS, CONTRACTS, ADVERTISEMENTS, PROMOTIONS, OFFERS, SALES, TRANSACTIONS AND OTHER RELATIONSHIPS BETWEEN USER AND OTHER USERS, ADVERTISERS AND THIRD PARTIES NOT OWNED BY TOS, INCLUDING WITHOUT LIMITATION LIABILITY FOR OR ARISING OUT OF GOODS, SERVICES, OFFERS, CONTRACTS, TRANSACTIONS, TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS MADE BY OR CONNECTED WITH OTHER USERS, ADVERTISERS AND THIRD PARTIES. TOS and Homeschool Buy assume no responsibility, obligation or liability for contacts, communications, contracts, advertisements, promotions, offers, sales, transactions or other relationships between User and any other User, advertiser or third party.
  18. User Conduct. User may access and use Homeschool Buy subject to the User Agreement, posted rules, policies, procedures and practices and applicable law. User is completely responsible for all Website Content created, provided, uploaded, linked or posted by User or by any person using an account registered to, by or on behalf of User. User hereby covenants and agrees:

    1. To comply with the laws of the United States and the state of California, including without limitation laws governing the transmission of data exported from the United States through the Internet and other electronic media.
    2. To comply with the User Agreement and all posted rules, policies, procedures and practices of Homeschool Buy.
    3. Not to disrupt, interfere with, “hack” or access without permission Homeschool Buy or any website, network, server, system or computer connected to Homeschool Buy.
    4. Not to use Homeschool Buy or the name of Homeschool Buy or TOS for or in connection with chain letters, junk mail, “spam” or unsolicited communications and not to contact any other User without his or her prior written consent.
    5. Not to create, provide, upload, link, post or transmit any unlawful, harassing, defamatory, libelous, abusive, offensive, inappropriate, sexually explicit, threatening, harmful or non-permitted information or Website Content, including without limitation offensive, profane, obscene, racist or sexually explicit content and language which substitutes asterisks or other alternative characters for part or all of a term which would otherwise violate the User Agreement.
    6. Not to create, provide, upload, link, post or transmit any information or Website Content which encourages or incites conduct which gives rise to actual or potential criminal or civil liability or violates applicable law, and not to knowingly create, re-create, provide, upload, link, post, re-post or comment on deleted or banned information, warning letters, sanctions or private communications from TOS, Homeschool Buy or their legal counsel.
    7. Not to intentionally interfere with the operation of Homeschool Buy or the use and enjoyment of Homeschool Buy by any person or in any manner.

    TOS and Homeschool Buy reserve the right to immediately delete any Website Content and to terminate the access, use privileges and account of any User whose conduct fails to conform to the User Agreement and all posted rules, policies, procedures and practices.


  19. Representations and Warranties of User. User hereby represents and warrants to TOS and Homeschool Buy that:

    1. User is agreeing to the User Agreement, creating a User account, accessing and/or using Homeschool Buy voluntarily and no person or entity has made any promises, threats or representations of any kind in order to encourage, induce or force User to agree to the User Agreement, create a User account, access or use Homeschool Buy.
    2. User is (i) either over the age of eighteen (18) or a legally emancipated minor and (ii) has the capacity and authority to agree to the User Agreement and enter into legally binding contracts.
    3. Compliance with the User Agreement will not, now or in the future, violate the terms of any other contract or agreement to which or by which User is bound or legally obligated.
    4. User will not deliberately create, publish, provide, post, display, upload or distribute dishonest, plagiarized or inaccurate Website Content in, upon, over or through Homeschool Buy or any related websites, publications and services.
    5. Website Content, offers or auctions created, published, provided, posted, displayed, uploaded and distributed and products offered or sold by User do not and will not infringe, violate or conflict with applicable law or the intellectual property or other rights of any person or entity, including without limitation rights of patent, copyright, trademark, trade secret and rights to proprietary works. User will not create, publish, provide, post, display, upload or distribute Website Content which (i) is in any way tortious, abusive, defamatory, libelous, obscene, an incitement to an illegal act, (ii) illegally infringes upon the privacy or contract rights of any person or entity or (iii) violates the law of any state, the United States or the Berne Convention.
    6. User will not engage in any conduct or create, publish, provide, post, display, upload or distribute Website Content in which User (i) impersonates any person or entity, including without limitation an employee or officer of TOS or an administrator of Homeschool Buy, (ii) falsely states or misrepresents User’s identity or affiliation with any person or entity, or (iii) contains or results in the generation or transmission of software viruses or computer code, files or programs designed to interrupt, destroy or negatively alter the nature, use or function of any computer hardware, software, server, system, network or telecommunications equipment.
    7. User will properly cite and identify the sources of all Website Content created, published, provided, posted, displayed, uploaded or distributed in, upon, over or through Homeschool Buy or any related websites, publications and services, will retain copies of all sources and will support or verify User’s rights to provide Website Content and to purchase and/or sell items purchased and sold by User at the request and to the satisfaction of TOS or Homeschool Buy.
    8. User will promptly pay all Fees when due, deliver items sold through or using User’s accounts and pay for items purchased through or using User’s accounts pursuant to the terms of the User Agreement, including without limitation the Homeschool Buy Selling Rules and Homeschool Buy Purchasing Rules.
    9. User will not, and will not use software or programming code designed to, strip, gather or harvest information from Homeschool Buy about other Users, User accounts, third parties or the contents of Homeschool Buy servers, lists and information caches.

  20. Ownership and Proprietary Content. User may not make any claim to ownership of Homeschool Buy, TOS, Website Content, Material, trademarks, property or other rights belonging to TOS, Homeschool Buy or any third party, whether or not wrongfully used, appropriated or infringed by User. User understands and agrees that Website Content not specifically created by User belongs to TOS, Homeschool Buy or other third parties and may be protected by patent, copyright, trademark, trade dress, service mark or other applicable law and that User is permitted to use and access Website Content only pursuant to the provisions of the User Agreement or specific written authorization from the owner of the Website Content. User may not use, reproduce, copy, publish, distribute or create derivative works based upon Website Content owned by TOS, Homeschool Buy or third parties without the prior written consent of the legal owner. TOS and Homeschool Buy will not act as an intermediary for User to obtain permission to use Website Content, mediate or resolve disputes between Users or third party owners of Website Content or have any responsibility or liability for wrongful use of Website Content by Users or third parties.
  21. Suggestions. TOS and Homeschool Buy do not accept or consider unsolicited ideas, suggestions or proposals relating to the operation, organization, publications or other property of TOS and Homeschool Buy (collectively “Ideas”). User understands and agrees that (a) all Ideas sent to TOS or Homeschool Buy or included in Website Content will be considered non-proprietary, non-confidential and fully released for use by TOS and Homeschool Buy, (b) TOS and Homeschool Buy have and will have no obligation or liability relating to or arising out of the use, nonuse, disclosure, publication or receipt of any Idea and (c) TOS and Homeschool Buy may use Ideas for any purpose, including without limitation commercial uses, free of charge and without liability or compensation to the submitting User.
  22. Grant of License. User hereby grants TOS and Homeschool Buy permanent, non-exclusive rights to publish and distribute Website Content created, provided, uploaded, linked and posted by User. This grant of rights includes the rights to electronically or digitally (a) publish, post, archive and distribute Website Content on Homeschool Buy and any affiliated or successor websites, (b) publish and distribute Website Content through the Internet, Homeschool Buy, affiliated websites, advertisements, RSS feeds, electronic mail and similar services, (c) share Website Content with other websites selected by TOS and Homeschool Buy which share mutual objectives (“Partner Websites”), (d) permit and license Partner Websites to publish and distribute Website Content on the same terms as Homeschool Buy, provided that Partner Websites must always identify the origin of Website Content and link back to Homeschool Buy and (e) use portions of Website Content in connection with advertising and promotional activities.
  23. DISCLAIMER OF WARRANTIES. USER AGREES TO USE HOMESCHOOL BUY AT USER’S SOLE RISK AND RESPONSIBILITY. ACCESS TO HOMESCHOOL BUY, RELATED WEBSITES AND SERVICES IS PROVIDED ON AN “AS-IS”, “AS-AVAILABLE” BASIS WITH NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TOS AND HOMESCHOOL BUY SPECIFICALLY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES TO THE EXTENT PERMITTED BY APPLICABLE LAW AND MAKE NO WARRANTY OR REPRESENTATION THAT HOMESCHOOL BUY, RELATED WEBSITES OR SERVICES AND PRODUCTS OR ITEMS SOLD OR OFFERED FOR SALE THROUGH HOMESCHOOL BUY (A) WILL MEET THE NEEDS OR REQUIREMENTS OF USER OR WILL BE COMPATIBLE WITH ANY HARDWARE, SERVER, SYSTEM, NETWORK, OPERATING SYSTEM, SOFTWARE, INTERNET SERVICE PROVIDER OR OTHER TECHNICAL SPECIFICATIONS, (B) WILL BE AVAILABLE, RELIABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (C) WILL PROVIDE OR ENABLE USER TO ACHIEVE A GIVEN OR DESIRED RESULT, OR (D) WILL BE REPAIRED, UPGRADED, DEBUGGED OR FUNCTION WITHOUT ERROR, MISTAKE OR OMISSION. TOS AND HOMESCHOOL BUY MAKE NO WARRANTY AND ACCEPT NO RESPONSIBILITY OR LIABILITY FOR MATERIAL, INFORMATION, ADVICE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH HOMESCHOOL BUY OR RESULTING FROM OR ARISING OUT OF WEBSITE CONTENT. THIS DISCLAIMER OF WARRANTIES MAY ONLY BE AMENDED OR MODIFIED BY A WRITTEN INSTRUMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF TOS WHICH SPECIFICALLY STATES THAT IT MODIFIES THESE TERMS OF USE AND MAY NOT BE ALTERED, MODIFIED OR ELIMINATED IN ANY OTHER MANNER, INCLUDING WITHOUT LIMITATION ADVICE, INFORMATION OR TECHNICAL SUPPORT GIVEN OR RECEIVED FROM TOS OR HOMESCHOOL BUY. EXCLUSIONS, LIMITATIONS AND DISCLAIMERS DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. RIGHTS OF INDIVIDUAL USERS MAY VARY BY JURISDICTION.
  24. LIMITATION OF LIABILITY. TOS AND HOMESCHOOL BUY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE ACCURACY, INACCURACY, LEGALITY, RELIABILITY, OPERABILITY, FUNCTIONALITY, AVAILABILITY AND CONTENT OF ANY AND ALL WEBSITE CONTENT AND PRODUCTS OR ITEMS SOLD OR OFFERED FOR SALE THROUGH HOMESCHOOL BUY. COMPANY AND HOMESCHOOL BUY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR DAMAGES ARISING OUT OF, RESULTING FROM OR RELATING TO USER OR ANY THIRD PARTY CREATING, PUBLISHING, DISPLAYING, UPLOADING, DOWNLOADING, DISTRIBUTING, ACCESSING OR USING WEBSITE CONTENT. TOS AND HOMESCHOOL BUY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ERRORS, OMISSIONS, SUSPENSION, DELETION, MISDELIVERY OR UNAVAILABILITY OF HOMESCHOOL BUY, WEBSITE CONTENT AND PRODUCTS OR ITEMS SOLD OR OFFERED FOR SALE THROUGH HOMESCHOOL BUY. TOS AND HOMESCHOOL BUY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, CAUSED BY, RESULTING FROM OR ARISING OUT OF (A) USE, MISUSE OR LACK OF USE OF HOMESCHOOL BUY OR WEBSITE CONTENT, (B) MATERIAL, INFORMATION, ADVICE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR AS A RESULT OF HOMESCHOOL BUY OR WEBSITE CONTENT, (C) MESSAGES SENT, RECEIVED, INTERRUPTED OR DELETED, TRANSACTIONS ENTERED INTO AND ANY OTHER ACTION TAKEN OR NOT TAKEN AS A RESULT OF ACCESS TO HOMESCHOOL BUY OR AN ACCOUNT REGISTERED TO, BY OR ON BEHALF OF ANY USER, (D) STATEMENTS, ACTIONS, MATERIAL AND WEBSITE CONTENT CREATED, PROVIDED , UPLOADED , DOWNLOADED, LINKED OR POSTED BY USERS OR THIRD PARTIES OR (E) ANY OTHER CAUSE, EFFECT, ACTION, CONSEQUENCE OR DAMAGE NOT DIRECTLY CAUSED BY OR RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF TOS OR THE ADMINSTRATORS OF HOMESCHOOL BUY. EXCLUSIONS AND DISCLAIMERS CONTAINED IN THIS LIMITATION OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. RIGHTS OF INDIVIDUAL USERS MAY VARY BY JURISDICTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS USER AGREEMENT, IF TOS OR HOMESCHOOL BUY IS HELD TO BE LIABLE TO ANY USER FOR ANY REASON, THE COMBINED TOTAL LIABILITY OF TOS AND HOMESCHOOL BUY WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) TOTAL FEES PAID TO TOS AND HOMESCHOOL BUY BY THE RELEVANT USER DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD.
  25. Acceptance of Risk. Website Content created, provided, uploaded, linked, posted, downloaded, obtained or accessed from or through the use of Homeschool Buy is created, provided, uploaded, linked, posted, downloaded, obtained and accessed at the sole discretion, risk and responsibility of User. User accepts sole responsibility and liability for any loss or damage of any kind, including without limitation monetary losses, unforeseen and consequential damages and damage to User’s computer, hardware, operating system, software, network, server and Internet service resulting from or arising out of use or access to Homeschool Buy and Website Content.
  26. Indemnity and Release. User hereby releases and agrees to indemnify TOS and Homeschool Buy from and against any and all claims, losses, liabilities, damages, demands, suits, causes of action, judgments, costs and expenses, including without limitation court costs and attorney fees, resulting from or arising out of use of Homeschool Buy or any breach of the User Agreement by User or any third party using an account registered to, by or on behalf of User. Users who reside in California also waive the provisions of California Civil Code Section 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
  27. Linked Policies. All Homeschool Buy rules, policies, agreements and procedures linked in, to or from this User Agreement are a material part of this User Agreement and are incorporated by reference as if fully set forth herein.
  28. Notice. TOS and Homeschool Buy may provide valid, effective notice to User by posting or broadcasting notices on Homeschool Buy or related websites or by sending User electronic communications at the e-mail address provided by User. Notices are deemed given when posted or sent.
  29. Additional Terms. The Terms of Use represent the only, final, complete and exclusive understanding between User, TOS and Homeschool Buy and supersede any prior or contemporaneous oral or written agreements. User has no relationship, agreement or rights relating to TOS and Homeschool Buy except as expressly stated in the User Agreement. The User Agreement may only be modified by a written instrument executed or approved by an authorized representative of TOS which specifically states that it modifies the User Agreement. User, TOS and Homeschool Buy understand and agree that the User Agreement was written in and will be construed and enforced in accordance with the laws of the State of California and that User’s acceptance is taking place in California. User agrees to submit to the personal jurisdiction of the Federal or state courts located in Sacramento, California for purposes of any legal action commenced under or arising out of the User Agreement or User’s access and use of Homeschool Buy. Nothing contained in the User Agreement will be interpreted to require the commission of an illegal act or a violation of applicable law. If any conflict arises between the User Agreement and applicable law the law will prevail, the relevant provisions of the User Agreement will be deleted, modified or limited to the limited extent necessary to comply with law and all other provisions of the User Agreement will remain in full force and effect. TOS and Homeschool Buy’s failure to act on or enforce any provision of the User Agreement does not and will not constitute a waiver of the right to enforce the same or any other provision against the same or any other User in any subsequent situation. Provisions reasonably required in order to fully enforce the User Agreement will survive termination of a User’s account or access to Homeschool Buy.
  30. Acceptance by User. User understands and agrees that use of Homeschool Buy indicates full and complete agreement to each and every one of the Terms of Use as if User had signed a written document containing the same.
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