TERMS OF SERVICE
Effective date: September 6, 2020
Terms of Service
Effective Date: September 7, 2020
Thank you for your interest in using the online services operated by Delina Pryce McPhaull, doing business as Woke Homeschooling (hereafter called "WH"). These Terms of Service govern your use of online courses, membership subscriptions, websites, online services, and software provided on or in connection with www.wokehomeschooling.com, www.wokeschoolonline.com, and www.wokeworldhistory.com (collectively, the "Services"), which are offered through (i) these websites, (ii) third-party Curriculum Deployment Provider(s) (defined below in Paragraph 12) associated with these websites, and (iii) any other WH website, or online service which links to these Terms of Service.
By accessing or using the Services, or by clicking a button or checking a box marked "I Agree" (or something similar), you signify that you have read, understood and agree to be bound by these Terms of Service (the "Terms of Service") whether or not you are a registered user of our Services. WH reserves the right to modify these Terms of Service so long as it provides notice of these changes to you as described below. These Terms of Service apply to all visitors, users, and others who access or otherwise use the Services ("you" or "Users").
PLEASE READ THESE TERMS OF SERVICE CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS OF SERVICE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
- Acceptance of these Terms of Service
These Terms of Service state the terms and conditions under which you use and access our products and services, including, without limitation, online courses, membership subscriptions, websites, online services, and software (collectively, the "Services") through any websites owned and operated by WH, namely www.wokehomeschooling.com, www.wokeschoolonline.com, and www.wokeworldhistory.com ("we," "us" and "our") (collectively, the "Site"). Please read these Terms of Service carefully as they contain important information regarding your legal rights and obligations and how disputes between you and WH will be resolved. You acknowledge that certain Services may be subject to additional terms and conditions or other online policies as may be set forth on the Site or if you use the Site and the Services as an employee or agent of a third party who has executed a separate agreement with us (collectively, "Additional Terms"). Your use of such Services constitutes your agreement to these Terms of Service, and all applicable Additional Terms.
The Site is offered and available to Users who reside in the United States and are able to enter into binding contracts in the state in which they reside. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us and meet the foregoing eligibility requirements. BY ACCESSING OR USING THE SITE AND THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE WHICH INCLUDE THE USE OF ARBITRATION TO RESOLVE DISPUTES BETWEEN YOU AND US. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS OR USE THE SITE.
- Modifications to the Site or Services and These Terms of Service
We may, at any time in our sole discretion and without prior notice, (a) revise these Terms of Service; (b) modify the Site or the Services; and (c) discontinue any part of the Site or Services. We will announce material changes to these Terms of Service and other Additional Terms on the Site. You further agree to review these Terms of Services and other Additional Terms on the Site periodically to be aware of any revisions. YOU MUST ACCEPT ANY REVISED TERMS OF SERVICE OR REVISED ADDITIONAL TERMS BEFORE YOU WILL BE PERMITTED TO CONTINUE TO USE THE SERVICES. IF YOU DO NOT ACCEPT ANY REVISED TERMS OF SERVICE OR REVISED ADDITIONAL TERMS, YOU WILL NOT BE PERMITTED TO CONTINUE TO USE THE SITE AND SERVICES. ANY CONTINUED USE OF THE SITE OR SERVICES AFTER REVISED TERMS OF SERVICE ARE ISSUED CONSTITUTES YOUR AGREEEMENT TO THE REVISIONS.
- Our Services
Our Services help Users to learn and practice various subjects including U.S. History, Social Studies, World History, conscious learning, and creative expression. Unless explicitly stated otherwise, any new or improved features to the Services will be provided subject to these Terms of Service. You understand and agree that the Services are provided "as-is" and that WH assumes no responsibility for any mistakes, errors, or omissions, including any unavailability of the Services or deletion or loss of any data relating to the Services.
To use the Services, you must obtain access to the Internet, either directly or through devices that access web-based content and pay any service fees or other costs associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.
- Your Access to the Site
While any Site visitor can view available curriculum, in order to fully use all features of our Services, you must register for the Services and create a personal account for yourself (a "User Account") by providing your information such as an email address and a password. In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name, location and a form of payment (e.g., credit card number). Additional information may be required to confirm your identity. The provision of required information is a condition of your use of the Services and participation in our membership, and you represent and warrant that all the information you provide on the Site is correct, current and complete and does not impersonate any third party. If you provide any information that is untrue, inaccurate, not current or incomplete, or WH has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WH has the right to suspend or terminate your account and refuse all current or future use of the Services (or any portion thereof). You acknowledge that your account is personal to you and agree not to provide any other person with access to any part of the Site using your username, password or other security information. You are fully responsible for all use of your login credentials.
WH does not sell the Services to children, but only to adults who can purchase the Services with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Services only with the involvement and consent of a parent or legal guardian.
In addition, you agree to the following:
- You may not borrow, use or reuse any User Account that was already created for another individual.
- You may not provide any other person with access to any part of the Site using your username, password or other security information.
- You may not divulge, lend, resell, attempt to transfer or otherwise share access or access information to your User Account with any third party for any reason. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
- You agree to exit from your account at the end of each session.
- You agree to use particular caution when accessing your account from a public or shared computer.
- You agree that you will create, use, and access only one User Account, and you will not access the Site using multiple User Accounts.
- User Accounts and Account Security
WH sells access to the Service to a user in the form of a membership. Each User Account is provided for a term and price subject to certain renewal, cancellation, and other terms and conditions specific to the account (the "Account Terms"). The Account Terms are identified (in order of precedence) in the then-current quote or sales contract for the User Account, the selections made and account-specific terms disclosed when signing up for the User Account (which may be confirmed by e-mail), the description of account terms accessible through the WH Site when signed in to an appropriate User Account and the default Account Terms set forth below. Each User Account may have Account Terms in addition to or different from those as set forth in these Terms of Service, but only to the extent set forth in a signed writing by the account user and an officer of WH.
WH may provide a variety of "account types" which may apply depending on the membership and the way an WH account is created. Each account type has a default set of Account Terms which apply unless superseded as set forth above.
Current User Account Types
Family Account — A family account is purchased by or for a Parent and only includes persons living together in the same household or residence. Family accounts are generally only available for purchase through the WH website or a third-party Curriculum Deployment Platform using a credit card. Family account memberships are generally month-to-month. The term is disclosed at the time of purchase. If multiple terms are available, the term can be selected at the time of purchase or later changed by contacting [email protected] Family accounts automatically renew. See Paragraph 13 below for more information about automatic renewal and cancellation of automatically renewing accounts.
- Use of the Site and Intellectual Property Rights
You acknowledge that the Site contains Content that is the property of WH, its affiliates, its licensors or other providers of such material and protected by trade secret, copyright, trademark, patent, or other intellectual property or proprietary intellectual property rights under United States and foreign laws. You also acknowledge that the Content is and will remain the property of WH or the relevant third party who has been involved in the preparation or publication or offering of such Content. You will at no time assert any claims of ownership over any Content in connection with your use of the Services.
When accessing the Site or using the Services, you agree to comply with all applicable laws, rules, and regulations, as well as these Terms of Service, and to respect the intellectual property rights of others, including public performance limitations or other restrictions on use of the Services or Content. Subject to these Terms of Service and any Additional Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to access the Site and for your personal, non-commercial purposes only. Except for the foregoing limited license, your use of the Services and Content does not give you any rights or interest in any intellectual property rights in our Services.
WH asserts its trademark rights to “Woke Homeschooling,” “Woke School Online,” “Woke World History,” and the Woke Homeschooling logo, taglines, hashtags, word marks, and composite marks. You agree not to use any WH trademarks without the express advance written permission of WH.
“Content” herein means all text, graphics, logos, photographs, interfaces, video, audio, audio-visual works, curriculum, assignments, lesson plans, course materials, quizzes, worksheets, journals, or any other information accessed as part of the Services.
- License Restrictions
You agree to the following license restrictions:
- You will not, either directly, indirectly or through the use of any device, software, Internet site, web-based service or other means, record, copy, download, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transfer, rent, sub-license, transmit or retransmit Content except as permitted in these Terms of Service.
- The Site and Content are only for your personal use and are not intended for any other use, including commercial, non-commercial, free, or nonprofit use.
- You are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on Content in any way.
- Your license only extends to the Content available at the time you access the Site, which WH may update or change at any time.
- User Content Submission
We may provide you with the ability to submit, post, display, provide, or otherwise make available certain content such as information, text, comments, questions, or materials to the Site and Services ("User Content"). You are solely responsible for any content that you create, transmit or display while using the Service. We claim no ownership rights over User Content created by you. With respect to User Content you submit or otherwise make available in connection with your use of the Services, you hereby grant us a fully transferable, sub-licensable, worldwide, perpetual, royalty-free and exclusive license to use, distribute, reproduce, modify, adapt, publish, edit, translate, syndicate, publicly perform and publicly display such User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and WH’s business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formation and through any media channels. You agree to abide by laws regarding copyright and other intellectual property, and you will be solely responsible for any violations of any relevant laws and for any claims of infringement of third party rights caused by any User Content you provide or transmit, or that is provided or transmitted using your User Account.
To the extent that you provide User Content, you represent and warrant that:
- You own or have all necessary rights, licenses, authorizations or clearances to provide and use User Content and permit us to use such User Content as provided above.
- You have fully complied with any third-party licenses relating to User Content.
- Such User Content does not and will not infringe, misappropriate or violate our or any third-party rights (including without limitation privacy, publicity, intellectual property and any other proprietary rights, such as copyright, trademark and patent rights) or constitute a fraudulent statement, misrepresentation or unfair business practice.
- You will not post or submit User Content that (i) is defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, violent, harassing, or otherwise objectionable; (ii) incites, encourages or threatens immediate physical harm against another, including but not limited to, User Content that promotes racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iii) contains materials that solicit personal information from anyone under the age of 13 or exploit anyone in a sexual or violent manner.
- You will not post User Content that contains advertisements or solicits any person to buy or sell products or services (other than our Services).
- You will not post or submit User Content that constitutes, contains, installs or attempts to install or promote spyware, malware or other computer code designed to enable you or others to gather information about or monitor the online or other activities of another party.
- You will not disrupt or create an undue burden on the Site or the networks or Services connected to the Site, including without limitation, hacking into the Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications.
- You will not apply any data mining, data gathering or extraction method to the Site, including, without limitation, any robot, spider, scraper or other system to access the Services for any purpose.
- You will not decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site.
- You will not publicly post your full name, telephone numbers, street addresses or other information that identifies you or allows strangers to find you or steal your identity.
- Our Management of this Site & User Misconduct
We may but are not required to (a) monitor or review the Site for violations of these Terms of Service or any Additional Terms and for compliance with our policies; (b) report to law enforcement authorities or take legal action against anyone who violates these Terms of Service or any Additional Terms; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Content including User Content or portions thereof that may violate these Terms of Service or any Additional Terms, the law or any of our policies, or are excessive in size or burdensome, without prior notice to you; or (d) manage the Site in a manner designed to protect our and third parties' rights and property or to facilitate the proper functioning of the Site.
Without limiting any other provisions of these Terms of Service or any Additional Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in these Terms of Service or any Additional Terms, or of any applicable law or regulation.
- Copyright Complaints
It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify WH’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit WH to contact you, such as your address, telephone number and e-mail address;
- 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
- 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.
The above information must be submitted to the following DMCA Agent:
Delina Pryce McPhaull
dba Woke Homeschooling
3701 County Road 317
Cleburne, TX 76031
E-mail: [email protected]
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying WH and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with WH’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, WH may terminate, in appropriate circumstances, User Accounts who are deemed to be repeat infringers. WH may also at its sole discretion limit access to the Site or Services or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
- Curriculum, No Certifications and No Credits
We and our instructors reserve the right to add, edit, remove, cancel, delay, interrupt or reschedule or modify any Content. At no time will WH provide any grading, score, transcript, report card, certificate, confirmation, statement of completion, proof of completion or other course documentation. Users are responsible for ensuring the completion of the Content.
You acknowledge that neither we nor our instructors will be involved in any attempts to obtain course completion recognition, unless explicitly stated otherwise on the Site. If you are accessing the Services to prepare for any path to credit, including but not limited to a credit-granting exam, you acknowledge and agree that we will not have any authority or responsibility with respect to any award or transfer of academic credit. Furthermore, WH bears no responsibility for your performance on the exam, and any exam fees incurred are solely your responsibility.
- Links to Third Party Websites
The Site or Services may provide, or third parties may provide, links to other Internet websites or resources. Because WH has no control over such sites and resources, you acknowledge and agree that WH is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any data, content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that WH will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. If you decide to access any of the third-party websites linked to the Site or to access the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Please note that WH may provide access to its Services through third-party “Curriculum Deployment Platform(s),” which in these Terms of Service means online or Internet-based e-learning systems. These systems may provide access to presentations, audio recordings, audio-visual recordings, course materials, assignments, and in some cases interaction with WH’s instructors. WH is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any data, content, advertising, products, or other materials on or available from any third-party Curriculum Deployment Platforms. As stated above, if you decide to access any of the third-party Curriculum Deployment Platforms to access the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Membership, Free Trials, Billing and Cancellation
- Membership Term. Any person with a User Account is a Member. Your membership starts when you create a User Account and will continue unless and until you cancel your membership, or we terminate it pursuant to these Terms of Service. You must provide us with a current, valid and accepted method of payment ("Payment Method") to use the Services as a User Account-holding member. You agree to provide accurate, current and complete information during the registration process and to keep it accurate, current and complete. You represent and warrant that you are authorized to use such Payment Method for purchases. We will bill the applicable membership fee to your Payment Method and may utilized a third-party payment processor to do so. You must cancel your membership before it renews each month as applicable in order to avoid billing of the next billing period to your Payment Method. Your membership grants you a license to access to Content currently available from WH during the applicable billing month and does not grant you a license to access past or future Content made available by WH. Should you start a membership and then cancel a membership, you are not guaranteed access to Content made available between the dates of your active User Account. For example, if you activate your membership in September 2020, cancel your membership in November 2020, and then reactivate your membership in March 2021 of the following year, you will not have access to WH’s Content from December 2020 through February 2021. As used in these Terms of Service, "billing" means a charge, debit or other payment clearance, as applicable, against your Payment Method.
- Membership Levels. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations, any of which may be subject to Additional Terms. You can find specific details regarding your membership through our third-party Curriculum Deployment Platform. Membership plans are subject to change. We will announce material changes to our membership plans on the Site, through email or a third-party Curriculum Development Platform. You will be required to accept any changed terms prior to continuing to use the Site or Services, and any continued use of the Site or Services after changed terms constitutes your agreement to the changes.
- FREE TRIALS
- Trial Period. We may offer a free trial for a particular membership plan when you create a User Account with us. The free trial period of your membership lasts for two weeks or as other duration specified during User Account sign-up ("Trial Period"). Free trials may not be combined with any other offers. Free trials are for new and certain former members only. We reserve the right, in our absolute discretion, to determine your free trial eligibility. If you are eligible for a free trial, we will let you know during the User Account sign-up process, and you will be able to explore the Site and Services during the Trial Period for no charge. Only one Trial Period is permitted per User Account. You acknowledge and agree that your access to and use of the Services during the Trial Period are governed by these Terms of Service. If you participate in the free trial, the terms in the following two paragraphs apply to you.
- Payment Authorization. We will automatically begin billing your Payment Method at the end of the Trial Period unless you expressly cancel the membership prior to the end of the Trial Period. To view the specific details of your trial membership, including full membership pricing and selected membership plans, visit your billing information via the third-party Curriculum Deployment Platform. We may bill your Payment Method for a billing period selected by you for temporary authorization at the time of the registration process. In some instances, your available balance or credit limit may be reduced to reflect such temporary authorization amount during the Trial Period. We may authorize your Payment Method in anticipation of membership or service-related charge.
iii. End of Trial Period. We have no obligation to notify you of the end of the Trial Period, and you will not receive a notice from us that your Trial Period has ended or that the paying portion of your membership has begun. You hereby acknowledge and agree that it is your sole responsibility to cancel your membership prior to the end of the Trial Period your trial membership prior to the end of the Trial Period will result in your first payment for the term of your membership, as well as subsequent recurring charges until you cancel your membership.
- Billing Cycle. The membership fee for the Services will be billed at the beginning of the paying portion of your membership and each month thereafter ("Billing Cycle") unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership ("Renewal Date"). All fees are payable in United States dollars. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular as indicated below, if your Payment Method has not successfully settled. In the event your paid membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your membership or became a paying member on January 31, 2021, your next payment date is likely to be February 28, 2021, and your Payment Method would be billed on that date. Your Renewal Date is subject to change due to changes in your membership.
- Recurring Billing. By starting your membership, you authorize us to charge you a monthly membership fee depending on your Billing Cycle at the then current rate, and any other charges you may incur in connection with your use of the Services to your Payment Method. You acknowledge that the amount billed for each Billing Cycle may vary for reasons that may include differing amounts due to promotional offers due to or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed in one or more charges.
iii. Price Changes. We reserve the right to adjust pricing for any part of the Services in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes that correspond to the completion of a promotional offer or changing or adding a plan will take effect on the Renewal Date without any prior notice to you from us. Except as otherwise expressly provided for in these Terms of Service, any other price changes to your Services will take effect following email notice to you, an announcement on the Site, or through communication through the third-party Curriculum Deployment Platform.
- Promotions and Redemption Codes. We may offer a promotion or coupon code that will provide a discount or extended Trial Period on your membership. These redemption codes may only be redeemed at the Site. Redemption codes are non-transferable, may only be used once and cannot be combined with other codes or redeemed for cash. The validity of redemption codes may depend on the status of the Member who redeems it. For example, an existing Member may not redeem a code providing a discount for a new membership. Redemption codes may have an expiration date, after which time the code will not be valid or accepted by the Site. Redemption codes are provided for your use only, and you agree that you will not share any redemption codes with others, including by emailing codes to friends or family, sharing codes on social networking sites, or posting codes to third party websites that are not our Site. We may terminate any promotions and invalidate unused redemption codes in our sole discretion. A discount provided via a redemption code is only valid during your paid membership. If you cancel your membership, you also cancel the discount from the redemption code. Reactivating your membership will not reactivate the discount from the redemption code; nor will it allow you to redeem a code for a discount for new subscribers.
- No Refunds. WE DO NOT PROVIDE REFUNDS FOR ANY PARTIAL-MONTH PERIODS, UNWATCHED LESSONS, OR UNUSED MEMBERSHIPS. WE ALSO DO NOT PRO-RATE OR ROLLOVER ANY BILLING CYCLE.
- Payment Methods. You may edit your Payment Method information at any time. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your membership (see "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method. This may result in a change to your payment billing dates.
vii. Cancellation. You may cancel your membership at any time through the third-party Curriculum Deployment Platform or through contacting WH at the information in Paragraph 18. After cancelling your membership, you will continue to have access to the Services through the end of your Billing Cycle. After the end of the Billing Cycle, you will not have access to any Content or Services available through WH and WH may delete your User Account and any User Content.
- Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WH NOR ITS AFFILIATES, PROVIDERS, OR ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, ADVERTISERS, INSTRUCTORS, STAFF, SUCCESSORS OR ASSIGNS (EACH, A "WH PARTY" AND COLLECTIVELY, "WH PARTIES") MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. FURTHER, NEITHER WH NOR WH PARTIES REPRESENT OR WARRANT THAT (A) THE SITE, CONTENT OR SERVICES PROCURED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO AS A RESULT OF YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, EXPECTATIONS OR NEEDS, OR ACHIEVE THE INTENDED PURPOSES; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE SITE, CONTENT OR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE; (E) THE SITE, CONTENT AND SERVICES WILL BE COMPATIBLE OR CONTINUE TO BE COMPATIBLE WITH ANY SPECIFIC DEVICE; (F) YOU WILL BE ABLE TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITE; OR (G) DEFECTS IN OR ON THE SITE, CONTENT, OR SERVICES WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WH AND WH PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT NEITHER WH NOR WH PARTIES WILL BE LIABLE FOR LOSS OR DAMAGES OF ANY KIND INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, EXPENSES, AND COURT COSTS) ARISING OUT OF OR RELATING TO (A) THESE TERMS OF SERVICE; (B) YOUR (OR ANY THIRD PARTY'S) USE OF OR INABILITY TO USE THE SERVICES, SITE OR CONTENT; (C) DATA LOSS; (D) YOUR PLACEMENT OF ANY MATERIAL ON A SITE; (E) YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SERVICES, SITE, CONTENT OR ANY WEBSITE LINKED TO OR FROM THE SERVICES; (F) COST OF PROCUREMENT OF SUBSTITUTE CONTENT AND SERVICES; (G) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA; OR (H) ANY OTHER POTENTIAL CLAIMS RELATED TO THE SITE, SERVICES, OR CONTENT, EVEN IF WH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. WH AND WH PARTIES' TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, SERVICES OR ITS CONTENT WILL NOT EXCEED ONE THOUSAND DOLLARS ($500.00).
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS OF WARRANTIES AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND WH PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS FOR OUR ABILITY TO MAKE THE SITE, SERVICES AND CONTENT AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SITE, SERVICES AND CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- Mandatory Arbitration
You agree and understand that this Paragraph 16 is deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act, satisfies the "writing" requirement of that act, applies to your use of the Site, Services or Content, and governs all claims, disputes, or controversies between you and WH and WH Parties, including but not limited to tort and contract claims, claims based upon any federal, state, or local statute, law, order, ordinance, or regulation, and claims over the applicability of this arbitration provision (collectively "Claims"). This Paragraph 16 can only be changed or terminated upon mutual agreement.
You understand and agree that all Claims will be resolved by final and binding arbitration using the American Arbitration Association's ("AAA") Commercial Arbitration Rules ("AAA Rules") in effect on the date of initiation of the arbitration, except as to those AAA Rules that conflict with or differ from these Terms of Service, by one or more arbitrators appointed in accordance with said rules at a location within Johnson County, Texas. Any controversy concerning whether a dispute is arbitral will be determined by the arbitrator(s) and not by the court. In arbitration, as with a court, the arbitrator must honor the terms of these Terms of Service (including any Additional Terms) and may award the prevailing party damages and other relief (including attorneys' fees). However, WITH ARBITRATION: (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.
Each party to the arbitration will have the right, at its own expense, to be represented by an attorney or other advocate of its own choosing. You and we will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but, if applicable arbitration rules or laws require WH to pay a greater portion or all of such fees and costs in order for this Paragraph 16 to be enforceable, then WH will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator's decision must consist of a written statement stating the disposition of each claim of the dispute and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties.
NO CLASS ACTION MATTERS. You agree that disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party, such as class claims or private attorney general representative actions, with the exception of representative claims solely for injunctive relief brought under Texas unfair competition law. If any provision of this arbitration provision is deemed unlawful, void or unenforceable, that provision will be severable from the remainder of this paragraph, which will remain fully enforceable. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM FOR ALLEGED DAMAGES ONLY ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
To the extent permitted by applicable law, you agree to indemnify and hold WH, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including, without limitation, any claim of infringement or misappropriation of intellectual property or other proprietary rights and reasonable attorneys' fees, made by any third party due to or arising out of (i) content you submit, post, transmit or make available through the Site or Services, including without limitation, User Content, (ii) your use or misuse of the Site or Services, (iii) your connection to the Site or Services, (iv) your violation of these Terms of Service, (v) your violation of any applicable law or the rights of another person or entity, (vi) your willful misconduct, or (vii) any other party's access and use of the Site or Services with your unique username or password. WH reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
- Notice and Comments
We may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail or postings on the Site. All notices and comments to us must be made in writing and mailed to:
Delina Pryce McPhaull
dba Woke Homeschooling
3701 County Road 317
Cleburne, TX 76031.
WH may, in its sole discretion, modify or update these Terms of Service from time to time, which will be reflected in the “Effective Date” set forth above. If we change these Terms of Service in a material manner, we will update the “Effective Date” at the top of this page and notify you that material changes have been made to these Terms of Service. Your continued use of the Services following such update constitutes your acceptance of the revised Terms of Service. If you do not agree to any of the terms in these Terms of Service or to any future terms in a future revision of these Terms of Service, do not use or access (or continue to access) the Services. You will not be permitted to continue using the Services and WH reserves the right to cancel your account without notice if you refuse or otherwise fail to accept changes made by WH to these Terms of Service.
- Suspension and Termination
We may suspend, terminate or otherwise restrict your use of the Site, Services, or Content without compensation or notice if you are, or if we suspect that you are, (a) in violation of any of these Terms of Service, or (b) engaged in illegal or improper use of the Site, Services, or Content. We reserve the right to place any User Account on hold at any time with or without notification to the Member in order to protect ourselves and our partners from what we believe to be fraudulent activity. We are not obligated to credit or discount a membership for suspensions placed on any User Account by either a representative of WH or by any automated processes.
- Texas Law and Jurisdiction
All disputes arising out of or related to the use of the Site, Services or Content as permitted following the mandatory arbitration described above, will be brought in the state or federal courts located in Johnson County, Texas, and you hereby irrevocably consent to the exclusive jurisdiction and venue thereof. These Terms of Service will be construed in accordance with the laws of the State of Texas without regard to its conflict of law principles. The parties acknowledge that these Terms of Service evidence a transaction involving interstate commerce, and as stated in Paragraph 16, you agree and understand that Federal Arbitration Act governs arbitration under these Terms of Service. Collectively, these Terms of Service constitute a contract for the provision of services and not a contract for the sale of goods. The provisions of the Uniform Commercial Code (UCC), the Uniform Computer Information Transaction Act (UCITA), or any substantially similar legislation as may be enacted, will not apply to these Terms of Service. At no point will the United Nations Convention on Contracts for the International Sale of Goods govern these Terms of Service or the rights and obligations of the parties under these Terms of Service.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.
These Terms of Service are personal to you, and you may not transfer, delegate or assign these Terms of Service to anyone. Any attempt by you to assign or delegate these Terms of Service will be null and void. WH may assign these Terms of Service at its sole discretion.
- No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms of Service, there will be no third-party beneficiaries to these Terms of Service.
No failure of either party to exercise or enforce any of its rights under these Terms of Service will act as a waiver of such rights.
- 25. Special Admonitions for International Use
Acknowledging the global nature of the Internet, you agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction(s) in which you reside.
- Entire Agreement
These Terms of Service and other applicable Additional Terms constitute the entire agreement between you and WH in connection with your use of the Site, Services and Content and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the subject matter contained herein.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.