Terms & Conditions

Terms & Conditions

Welcome to Homeschooler Hub - Supply Closet.com. The following describes the terms on which HOMESCHOOLERSUPPLIES.COM (referred to herein as "HOMESCHOOLER HUB - SUPPLY CLOSET") offer you access to our services. 1. Description of Service. HOMESCHOOLER HUB - SUPPLY CLOSET is a web-based service available from the domain WWW.HOMESCHOOLERSUPPLIES.COM. This service provides Parents with an on-line marketplace to buy and sell educational materials directly from and to each other, which may consist of either original digital or physical materials created by the seller ("Content"). The service provided by HOMESCHOOLER HUB - SUPPLY CLOSET is referenced herein as the "Service." HOMESCHOOLER HUB - SUPPLY CLOSET at no time owns or sells any product for or on behalf of anyone. Parents who sell items via the Service are referenced herein and in the Service as "Providers.” This Terms of Service/User Agreement ("Agreement") governs your access to and use of the Service, whether in the capacity of a Provider or as a visitor, including finding, buying, posting, selling, and sharing of Content, and participating in on-line forums, feedback loops, bulletin boards, wikis, and chats, which features and activities shall also be considered part of the "Service." Portions of the HOMESCHOOLER HUB - SUPPLY CLOSET web service are publicly available to all visitors to the site. Other portions of the Service are available only to registered members who are Providers or buyers (collectively, "Members"). By registering with HOMESCHOOLER HUB - SUPPLY CLOSET, or by using the Service in any manner, you acknowledge and agree to the terms stated in this Agreement. This Terms of Service applies to both visitors and Members. 2. The Service Is Not Intended For Children. The Service is intended for adults only. You must be 18 years or older to use this site. You may use this Service (including as a Provider, Publisher or Buyer) if you are domiciled in the United States or Internationally. Digital sales are International. Physical item sales are for US and Canadian addresses only. For physical products, if you are shipping any Content or other materials to a non-U.S. address, you are not authorized to use this Service, and HOMESCHOOLER HUB - SUPPLY CLOSET expressly disclaims any representations or warranties, whether express or implied, with respect to or in connection with any transactions between or otherwise involving non-U.S. users. 3. Fees, Pricing and Payments. A. Fees. Membership Fees and Service Fees. Providers or parents who wish to sell their items through the Service must join HOMESCHOOLER HUB - SUPPLY CLOSET. The only fee is a 10% charge on items sold. There is no up-front fee. Buyers who wish to purchase items through the Service also must join HOMESCHOOLER HUB - SUPPLY CLOSET. Buyers pay no fee to join HOMESCHOOLER HUB - SUPPLY CLOSET and there is no service fee for Buyers who purchase materials from Providers through the Service. One type of membership is available for Publishers who can join and sell as Providers for no annual fee. Providers will be charged service fees on sales made through the Service, as set forth in greater detail in Section 3C below. Shipping, Handling and Processing Charges. Providers may charge for shipping, handling and processing of the physical materials that are sold via the Service in one of two ways: (1) by including the shipping, handling and processing method and charges in the sale price of the item, (2) by charging a flat rate for shipping, handling and processing of all items sold which will be reimbursed in full to you in your Payout. B. Pricing of Content. Providers are solely responsible for setting the prices for the sale of their Content distributed through the Service, including for both electronic and physical materials. Providers are obligated to sell their Content at the prices listed on the Service. C. Agreement Of Providers To Pay Service Fees and to Upload or Ship Content. In consideration for the services provided by HOMESCHOOLER HUB - SUPPLY CLOSET, you (Provider) agree to pay HOMESCHOOLER HUB - SUPPLY CLOSET a service fee ("Service Fee") for all Content you sell to Buyers through the Service, in accordance with the following: Providers will pay a Service Fee equal to 10% of the sale price (excluding shipping) plus $.30 transaction fee per item, for each item of physical Content sold; For each transaction, HOMESCHOOLER HUB - SUPPLY CLOSET will automatically deduct the Service Fee from the sale price collected from Buyers through the Service, and then will distribute the remaining amounts to the Providers on a quarterly basis as follows: (a) HOMESCHOOLER HUB - SUPPLY CLOSET will collect payment from Buyers at the time Content is purchased through the Service, (b) HOMESCHOOLER HUB - SUPPLY CLOSET will notify you (the Provider) by email of the sale once payment has been verified and collected from the Buyer, (c) in the case of physical Content, HOMESCHOOLER HUB - SUPPLY CLOSET will provide the Provider or Publisher with the Buyer's shipping address and any other information required for the Provider or Publisher to fulfill the order, and (d) on a shipping basis, distribute the monies due to you (as a Provider or Publisher) for the sale of your Content, in accordance with this Section 3C. All monies due to Providers pursuant to this Section 3C will be paid to such Providers within 5 days following the confirmation of shipment. If the content is digital, payment will be made within 2 days. Payments will be made through PayPal for all items less than $500, or by check made payable to US and Canadian residents who sell more than $500 on an item. You agree that upon notification of a sale of Content, you will ship the relevant physical Content sold by you through the Service, in accordance with any representations made by you on the Service and/or in connection with such Content, including, for example, with respect to the pricing and shipping of such Content, and in any event in accordance with all applicable state and federal laws, rules, regulations and/or industry standards. Providers are not authorized by the Service to ship to any address other than that which is provided to it by HOMESCHOOLER HUB - SUPPLY CLOSET. D. Additional Agreements and Obligations of Providers. By listing an item for sale, you (Provider or Publisher) represent and warrant to prospective Buyers that you have the right and ability to sell and to ship, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive. If you are a Provider or Publisher of original digital Content, you agree to make at least one sample of such original digital Content available to Buyers at no charge at all times when you are offering original digital Content for sale via the Service. Additionally, unless otherwise authorized, Providers agree not to, and agree to cause their affiliates, agents, employees and contractors not to, use or disclose to any third party, any order information or other data or information regarding Buyers or any other users of the Service, which is obtained through the Service or disclosed to Providers by HOMESCHOOLER HUB - SUPPLY CLOSET in connection with a transaction made via the Service, for any purpose except as necessary to complete transactions made through the Service and otherwise fulfill their obligations under this Agreement (including, without limitation, for purposes of solicitation, advertising, direct marketing, harassment, invasion of privacy or any other objectionable conduct). E. Agreement Of Buyers To Pay For Purchases. When you (Buyer) purchase original digital Content you will have the unlimited right to download the materials from your My Purchases page. The materials will remain available for download in your on-line account for 24 hours from the date of your purchase. You agree not to share your purchases with your colleagues unless you have purchased additional licenses. You agree not to post your purchased or freely downloaded files on the internet. You agree to pay in full for all Content purchased through the Service, and agree that HOMESCHOOLER HUB - SUPPLY CLOSET may charge your credit card or PayPal account for any Content purchased, including any applicable shipping charges, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued to or in connection with your Member Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL SALES PRICES AND FEES, AND FOR PROVIDING HOMESCHOOLER HUB - SUPPLY CLOSET WITH VALID CREDIT CARD INFORMATION OR PAYPAL ACCOUNT DETAILS FOR PAYMENTS OF ALL SUCH FEES AND CHARGES. All charges and fees will be billed to the credit card or the PayPal account you designate during the Member registration process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your credit card or PayPal account information on-line at the Member Profile information page of the Service. You can always log into your Member Profile by providing your UserName and password at this link: www.HomeschooleSupplies.com. (There may be a temporary disruption of your access to the Service until HOMESCHOOLER HUB - SUPPLY CLOSET can verify the validity of the new credit card or PayPal account information.) You agree that delivery of the Content to you, whether electronically delivered or physically shipped and delivered to you, does not transfer to you any commercial or promotion use rights in the Content. You agree that your use of the Service (including your purchase of Content) constitutes your acceptance of and agreement to use the Service and such Content solely in accordance with this Agreement, and that any other use of the Service or Content may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. You agree not to share your purchases with your colleagues unless you have purchased additional licenses. F. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. G. Limitations. Your direct interactions (if any) with other users or Members of the Service, including the purchase of, sale of, payment for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and that individual. Like with any web-based interaction, we suggest that you use caution and good judgment. You further understand and agree that HOMESCHOOLER HUB - SUPPLY CLOSET is not involved in any actual transactions made through the Service, and that it is not the agent or representative of any Provider or Buyer (or any visitor) for any purpose whatsoever and that it is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other user's or Member'?s use or disclosure of your personally identifiable information. For details about our information collection practices, please see our Privacy Policy. IF THERE IS A DISPUTE BETWEEN YOU AND ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY MEMBER OR USER OF THE SERVICE), HOMESCHOOLER HUB - SUPPLY CLOSET IS UNDER NO OBLIGATION TO BECOME INVOLVED, AND YOU HEREBY RELEASE HOMESCHOOLER HUB - SUPPLY CLOSET FROM ANY CLAIMS, DEMANDS OR DAMAGES OF ANY KIND AND OF ANY NATURE ARISING OUT OF OR RELATING TO ANY SUCH DISPUTE. You agree that you are solely and exclusively responsible for any federal, state, or local taxes, including sales taxes, that might apply to any sales you make in connection with Service. H. Transfer of Title HOMESCHOOLER HUB - SUPPLY CLOSET does not transfer legal title or ownership of items from the Providers or Publishers to the Buyers, and nothing in this Agreement shall modify the applicable provisions of Uniform Commercial Code 2-401(2) and New York Uniform Commercial Code 2-401(2), which provide that, unless otherwise explicitly agreed between a seller and a buyer, legal title to a purchased item transfers to the buyer upon physical delivery of the item to the buyer from the seller. Accordingly, unless a Buyer and Provider agree otherwise, legal ownership to any item of Content passes to the Buyer upon the physical delivery of such item of Content from the Provider to the Buyer. 4. License Grants. A. License Grants by Providers To HOMESCHOOLER HUB - SUPPLY CLOSET. When you (Provider or Publisher) submit your original copyrightable content (e.g., original Content) on or through the Service, you retain ownership of any copyright you claim to your submitted content. However, by making your content available through the Service you automatically grant HOMESCHOOLER HUB - SUPPLY CLOSET a royalty-free, perpetual, irrevocable (except as expressly set forth in this Agreement), non-exclusive, worldwide, sublicensable right to exercise any copyright, publicity and database rights (but no other rights) you have in the content, in any media now known or later developed, solely as reasonably necessary to make the Content available through the Service. IF YOU CHOOSE TO CANCEL YOUR MEMBERSHIP AND LEAVE THE SERVICE, AND HAVE REMOVED YOUR CONTENT FROM THE SERVICE, THIS LICENSE WILL BE DEEMED REVOKED AT THE TIME THAT YOU CANCEL YOUR MEMBERSHIP AND REMOVE ALL SUCH CONTENT. B. Provider and Providers Control License Rights Related To Content. When you (Provider or Publisher) submit your original copyrightable content (e.g., original Content) on or through the Service, you (i) represent and warrant that such Content is original to you and that no other party has any rights thereto, and (ii) retain ownership of any copyright you claim to your submitted content. As such, you (Provider) control the copyright licenses granted to a Buyer and it is your responsibility to give notice to Buyers of the terms under which you offer your Content to such Buyers. Absent specific terms to the contrary expressed by you in the license under which your Content is offered, nothing in the Service limits the existing rights of Buyers under the Copyright Act including but not limited to rights under Sections 110(1) (classroom teaching), 110(2) (distance learning) or 107 (fair use) of the Copyright Act (17 U.S.C. 101 et seq.). (You, Provider, may wish to consider applying one of the copyright licenses made available through Creative Commons to your Content. You can find out more about these licenses at the Creative Commons website located at www.creativecommons.org.) 5. Registration Obligations. In consideration of your use of the Service, you represent that you are at least 18 years of age, that you are domiciled in the United States, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Member Data") and (b) maintain and promptly update the Member Data to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or HOMESCHOOLER HUB - SUPPLY CLOSET has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, without limitation any other remedies, HOMESCHOOLER HUB - SUPPLY CLOSET has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Please see our Privacy Policy for further information. 6. Member And Visitor Conduct. As a condition of using the Service, Members and visitors agree to all of the following: - You must be a registered Member to buy or sell Content through the Service. - You are required to select a member identification ("UserName") and password. You are responsible for maintaining the confidentiality of your UserName and password. You should not disclose your password to anyone. - You are responsible for all activity that occurs under your UserName. - You are solely responsible for your conduct and any content, materials or information that you submit, post, and display on the Service, or that you allow others to submit, post and/or display on the Service under your UserName. - You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any system, security technology or other software that is part of the Service or used to administer the rules contained in this Agreement. Further, while using the Service, Members and visitors agree not to: - upload, post, email, transmit or otherwise make available any content, materials or information to, on or through the Service that are fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, profane, sexually explicit or indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; - upload, post, email, transmit or otherwise make available to Members or visitors any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation; - transmit any worms or viruses, spyware, malware or any other harmful or destructive code; - violate any applicable federal or local laws in your jurisdiction (including but not limited to intellectual property laws or tax laws); - use the Service for any illegal or unauthorized purpose. - impersonate any person or entity, including without limitation, a HOMESCHOOLER HUB - SUPPLY CLOSET employee or user, or falsely state or otherwise misrepresent your affiliation with a person or entity; - transmit email or any other content that includes personal or identifying information about another person without that person's explicit consent. - transmit email or any other content that is false, deceptive, misleading, deceitful, or constitutes "bait and switch"; - sell or offer for sale stolen goods and/or materials that infringe a patent, trademark, trade secret, copyright or other proprietary rights of another person or entity or that violate any rights of privacy or publicity, or that defame or libel any person or entity, or offer content that you do not have a right to make available under any law or under contractual or fiduciary relationships (including without limitation any goods purchased or obtained by you without right of resale such as promotional materials or school market-restricted materials); - manipulate the price of any item or interfere with other Members'? listings; - advertise any illegal products or services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law; - provide materials or any other content for download that contain viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; - disrupt the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects Members' and visitors' ability to use the Service; - employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service; - attempt to gain unauthorized access to HOMESCHOOLER HUB - SUPPLY CLOSET' computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service. - "stalk" or otherwise harass anyone on or through the Service; - collect any personally identifying data about Members or visitors for commercial or unlawful purposes; - use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service-except for internet search engines (e.g., Google or Yahoo!) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved"; or develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Service. 7. Inappropriate User-Submitted Content. HOMESCHOOLER HUB - SUPPLY CLOSET prohibits certain user conduct and content described above and, without obligation, will use reasonable efforts to eliminate such conduct and content from the Service. Nevertheless, you acknowledge and agree that (i) HOMESCHOOLER HUB - SUPPLY CLOSET is not and cannot be responsible for any content, information or materials posted by users on the Service, (ii) you may be exposed to any such materials, information or content, and (iii) you must bear all risks associated with the exposure to and/or use of any such materials, information or content, including without limitation any reliance on the accuracy, completeness, or usefulness of such materials, information or content. Without limitation of the foregoing, HOMESCHOOLER HUB - SUPPLY CLOSET has the right to, but may or may not pre-screen and/or monitor content posted on the Service, and without limiting any remedies, may remove, edit, move or close, in whole or in part, any content, information or materials, or thread or posting in any chat room and/or similar feature on the Service, at any time for any reason, in HOMESCHOOLER HUB - SUPPLY CLOSET' sole discretion. 8. Links to Other Sites and Resources. The Service contains links to other websites or resources. HOMESCHOOLER HUB - SUPPLY CLOSET has no control over such external sites and resources. You agree that (i) HOMESCHOOLER HUB - SUPPLY CLOSET is not responsible for the availability or accuracy of such external sites and resources, and (ii) HOMESCHOOLER HUB - SUPPLY CLOSET does not endorse nor is it responsible or liable for any content, advertising, products, services or materials on or available from such external sites and resources. Any reliance on the contents or services of such an external web site or resource is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. 9. Copyright Policy We respect the intellectual property rights of others, and we ask that our Members and users do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of users who we believe in good faith are repeatedly infringing copyrighted works. Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, and is available at www.HomeschooleSupplies.com/Copyright-Policy. By accepting these Terms of Service, you agree to be bound by our Copyright Policy, which is by this reference expressly incorporated into this Agreement. 10. Privacy Policy We take the privacy of our users' and Members' information very seriously. Our Privacy Policy is available at www.HOMESCHOOLERSUPPLIES.com/Privacy-Policy. By accepting these Terms of Service, you agree to be bound by our Privacy Policy, which is by this reference expressly incorporated into this Agreement. 11. Indemnity By accepting this Agreement, you agree to indemnify and hold HOMESCHOOLER HUB - SUPPLY CLOSET and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any and all claims, demands, liabilities, expenses or tax assessments, including reasonable attorneys' fees, arising out of any claim made by any third party or any action taken by any governmental or regulatory body (including, without limitation, the Federal Trade Commission or any state attorney general), due to, arising out of or relating to (i) any product, content, information or materials that you submit, sell, purchase, post, transmit, provide or otherwise make available through the Service, (ii) your use of the Service, (iii) your connection to the Service, (iv) your actual or alleged breach of this Agreement (including our Copyright Policy and Privacy Policy), (v) your actual or alleged infringement of any third party intellectual property or proprietary rights or (vi) your actual or alleged violation of any applicable laws, rules, regulations or rights of another. 12. Warranty Disclaimers YOU AGREE THAT THE SITE AND THE SERVICE ARE PROVIDED ON AN ?"AS IS?" BASIS, AND THAT YOUR USE OF THE SERVICE PROVIDED BY HOMESCHOOLER HUB - SUPPLY CLOSET SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HOMESCHOOLER HUB - SUPPLY CLOSET, ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE SERVICE AND YOUR ACCESS TO AND USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. HOMESCHOOLER HUB - SUPPLY CLOSET MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CREDIBILITY OF THE MEMBERS OF THE SERVICE, THAT MEMBERS WILL PERFORM AS PROMISED, ABOUT THE TRUTHFULNESS, ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE, OR THE AVAILABILITY, QUALITY, CHARACTERISTICS, LEGITIMACY, FUNCTIONALITY, PRICING, SHIPPING, DELIVERY, SECURITY OR SAFETY OF ANY PRODUCTS OR CONTENT (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) LISTED FOR SALE ON THIS SERVICE, OR ANY PRODUCT DESCRIPTIONS OR PRODUCT LITERATURE. HOMESCHOOLER HUB - SUPPLY CLOSET ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENTS OF THE SERVICE OR ANY PRODUCTS LISTED FOR SALE ON THE SERVICE ARE FIT FOR ANY PARTICULAR PURPOSE OR WILL MEET ANY USER'?S REQUIREMENTS, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT OR CONTENT POSTED, EMAILED, TRANSMITTED, SOLD OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. HOMESCHOOLER HUB - SUPPLY CLOSET DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HOMESCHOOLER HUB - SUPPLY CLOSET WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES (INCLUDING ANY PROVIDERS OR BUYERS). AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. ADDITIONALLY, HOMESCHOOLER HUB - SUPPLY CLOSET IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOST PROFITS THAT RESULT FROM MEMBERS DIRECTLY CONTACTING OTHER MEMBERS OR FOR ANY DAMAGES OR LOST PROFITS RESULTING FROM TRANSACTIONS CONDUCTED OUTSIDE OF THE SERVICE, INCLUDING TRANSACTIONS THAT MAY ORIGINATE THROUGH THE SERVICE BUT ARE TAKEN OFFLINE OR OUTSIDE OF THE SERVICE. 13. Limitation of Liability YOU AGREE THAT HOMESCHOOLER HUB - SUPPLY CLOSET, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO OR THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. HOMESCHOOLER HUB - SUPPLY CLOSET'? LIABILITY TO YOU OR ANY THIRD PARTY SHALL IN NO EVENT BE, IN THE AGGREGATE, GREATER THAN THE LESSER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO HOMESCHOOLER HUB - SUPPLY CLOSET DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00). YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING AND USING THE SERVICE AND AGREEING TO THE TERMS OF THIS AGREEMENT, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." FURTHERMORE, IF YOU ARE A RESIDENT OF ANOTHER STATE OR JURISDICTION, YOU AGREE TO WAIVE IN ADVANCE ANY SIMILAR LAWS OF SUCH OTHER STATE OR JURISDICTION. 14. Termination We reserve the right to suspend or terminate, or take any other action or remedy that we deem reasonable, appropriate or necessary, in our sole discretion, with respect to your Member account immediately, without prior notice or liability, for any reason. If we terminate your account, your right to use the Service will immediately cease. You may terminate your Member account at any time and for any reason, and we will make available through the Service reasonable means for you to do so. All provisions of the Terms of Service will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability. 15. Miscellaneous Provisions - Ownership of Site. This site is owned by Natural Success Principles, LLC and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of this site are the property of Natural Success Principles, LLC and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Except as otherwise specifically provided in connection with certain features on this site, no material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Natural Success Principles, LLC copyright, trademark, and trade secret rights and others' proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited. - Entire Agreement. The Terms of Service, including HOMESCHOOLER HUB - SUPPLY CLOSET' Copyright Policy and Privacy Policy, which are incorporated by reference above, constitute the entire agreement between you and HOMESCHOOLER HUB - SUPPLY CLOSET and governs your use of the Service. - No Agency. HOMESCHOOLER HUB - SUPPLY CLOSET is not the agent or representative of any site users (including, without limitation, any Providers or Buyers), nor does it operate under their authority for any purpose. HOMESCHOOLER HUB - SUPPLY CLOSET is simply a service provider that offers users the technological means to communicate with each other, sell goods to each other, and buy goods from each other. - Governing and Applicable Law. The Terms of Service will be governed by and construed in accordance with the laws of the State of South Carolina, in the United States of America, without regard to its conflict of law provisions. The Service is operated by Natural Success Principles, LLC from its offices in South Carolina, in the United States of America. HOMESCHOOLER HUB - SUPPLY CLOSET makes no representation that materials or content on the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from WWW.HOMESCHOOLER HUB - SUPPLY CLOSET.COM may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. - Dispute Resolution. Any controversy or claim arising out of or relating to the Terms of Service, or the breach thereof, shall be submitted to the state and federal courts of the county and state of New York, and you hereby agree to submit to the exclusive jurisdiction thereof. - Waiver and Severability. The failure of HOMESCHOOLER HUB - SUPPLY CLOSET to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Terms of Service shall be held unlawful, void or unenforceable for any reason, then that provision shall be deemed severed from this Terms of Service and shall not affect the validity and enforceability of the remaining provisions. The severed provision shall be deemed modified so that its purpose can be lawfully effectuated and enforced. - Notices. HOMESCHOOLER HUB - SUPPLY CLOSET may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by email or postings on the Service. - Future Modifications of Terms of Service. HOMESCHOOLER HUB - SUPPLY CLOSET reserves the right to modify the Terms of Services at any time, by posting amended terms on this website. Your continued use of the Service indicates your acceptance of the amended Terms of Service. If you do not agree to the terms of this Agreement or any modified version of this Agreement, do not continue to use the Service or access the site. - Future Changes In The Service. HOMESCHOOLER HUB - SUPPLY CLOSET reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Service or any part thereof with or without notice. HOMESCHOOLER HUB - SUPPLY CLOSET will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. - Assignment. HOMESCHOOLER HUB - SUPPLY CLOSET may assign this agreement to any successor or purchaser of HOMESCHOOLER HUB - SUPPLY CLOSET or all or substantially all of its assets. - Headings. Section titles and headings in this Agreement are for convenience only, and have no legal or contractual effect. - Trademarks. Natural Success Principles, LLC and the Homeschooler Hub logo and the Homeschooler Supply Closet logo, HOMESCHOOLER HUB - SUPPLY CLOSET, the HOMESCHOOLER HUB - SUPPLY CLOSET logo, and other HOMESCHOOLER HUB - SUPPLY CLOSET logos and names are trademarks of Natural Success Principles, LLC. You agree not to display or use these trademarks in any manner without prior, written consent of Natural Success Principles, LLC. - Contact Information. Please send any questions or comments, for Customer Service, or to report any violations of this Agreement, on Contact Us.