Terms of service

This Terms of Use was last updated on October 3rd, 2022

HOMESCHOOL ON TERMS OF USE

These Terms of Use (“Terms”) govern and apply to your access and use of the educational services provided by Homeschool On, and shall apply to all education materials and modules available at https://gatherroundhomeschool.com/ and/or  https://homeschoolon.com/ (collectively, the "Course Material"). These Terms also govern and apply to your access and use of this Website.

By accessing or using the Website and/or by using the Course Material, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these Terms, you are not authorized to use the Website or use the Course Material. The terms “you”, “your” and “yourself” refer to the individual user of this Website and/or a client of Manifest who creates an Account.

You hereby certify that you are (i) the Age of Majority in the province/territory that you reside, and that you have the legal ability to consent to the these Terms , and (ii) physically located or are a resident of the location you have chosen as your current residency when creating your Account.

1.                   INTERPRETATION

1.1               The following terms have the following meanings:

“Account” has the meaning given to such term in Section 3.1 of these Terms.

“Account Information” has the meaning given to such term in Section 3.2 of these Terms.

“Age of Majority” means the age at which a person is considered by law to be an adult. For greater certainty, the age of majority is 18 in six provinces: Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, and Saskatchewan. The age of majority is 19 in four provinces and the three territories: British Columbia, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut, and Yukon.

“Content” has the meaning set forth in Section 2.1.

“Fees” has the meaning given to such term in Section 6.1 of these Terms.

“Homeschool On Privacy Policy” has the meaning given to such term in Section 3.4.

“Personal Information” means information about an identifiable individual collected by Homeschool On.

"Terms” means these terms and conditions.

“Website” means https://gatherroundhomeschool.com/ and https://homeschoolon.com/

2.                   SITE CONTENT

2.1               The educational, graphics, research sources and other incidental information on the Website (the “Content”) should not be considered medical advice.  Although Homeschool On has made every effort to ensure that the information contained in the Course Material was correct at press time, Homeschool On does not assume and hereby disclaim any liability to any party for any loss, damage, injury, death, or disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident, or any other cause. Homeschool On is providing the Course Material on an “as is” basis and makes no representations or warranties of any kind with respect to its contents. Homeschool On disclaims all such representations and warranties, including for example warranties of merchantability. In addition, Homeschool On does not represent or warrant that the information accessible via the Course Material is accurate, complete or current.

3.                   ACCOUNT  

3.1               To access the Course Material, you will be required to establish an individual user account (“Account”).

3.2               You acknowledge and agree that by creating your Account, you will be required to provide certain information, including without limitation, your Personal Information (collectively, your “Account Information”). You agree that you will not create more than one Account, or create an Account for anyone other than yourself. You acknowledge and agree that you will:

(a)                provide true, accurate, current and complete Account Information as required when enrolling for an Account through the Site; and

(b)                each time you log on, maintain and promptly update such Account Information to keep it true, accurate, current and complete.

3.3               If you provide any Account Information that is untrue, inaccurate, not current or incomplete, or if Homeschool On has reasonable grounds to suspect that such Account Information is untrue, inaccurate, not current or incomplete, Homeschool On reserves the right to cancel your membership. You shall at all times remain responsible for maintaining the confidentiality of your Account password and username (if any) and any other security information related to your Account. Homeschool On will not be liable for any loss that you incur as a result of anyone accessing and using your Account either with or without your knowledge.

3.4                You understand and agree to the Homeschool On Privacy Policy (“Homeschool On Privacy Policy”), as provided at the following URL: https://homeschoolon.com/about-me/privacy-policy/ as it applies to your Personal Information.

If you do not agree with the Homeschool On Privacy Policy, you shall not use this Website or use the Course Material.

3.5               You will have the option to subscribe to emails from Homeschool On through your Account. You can choose to stop receiving emails from Homeschool On at any time by clicking “unsubscribe” in any emails from Homeschool On.

4.                   ACCEPTABLE USE

4.1               You agree not to access or use the Website in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms. You shall not post, use, store or transmit (i) a message or information under a false name; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of this Website by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming, You shall not use the Website in any manner that could damage, disable or impair the services which it provides. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. 

4.2          If Homeschool On determines, in its sole discretion, that you have Misused any Homeschool On property or resources, including Course Materials (collectively, the "Intellectual Property”), your access to any digital files will be immediately revoked, and your ability to order Course Materials will be immediately suspended. This suspension will continue until you have contacted Homeschool On and purchased the appropriate licenses for any Intellectual Property that you have Misused. Intellectual Property is considered “Misused” if it is shared, distributed, sold, or used in any other manner that violates these Terms.

4.3          In cases of Misused Intellectual Property, Homeschool On also reserves the right to: (i) suspend or terminate any (or all) of the following: your Account, your use of the Website, your use of any materials provided by Homeschool On, and your access to any other benefits provided by Homeschool On; and (ii) take such legal action against you as may be required to protect Homeschool On's rights, including but not limited to any rights in the Intellectual Property.

4.4        Digital materials are final-sale and have a limit of 15 downloads per file with an expiry of one year from time of order. User accepts responsibility for downloading and saving files to their own devices for long-term use.

5.                   PAYMENT

5.1               The fees payable by you for the Course Material (the “Fees”) are based on the prices set forth on the Website. You agree to pay all Fees and charges associated with your Account on a timely basis. Such Fees (including any taxes, late fees, as applicable) may be charged to the credit card you provided during the initial setup of your Account. You agree to maintain valid credit card information in your Account. For greater certainty, by providing us with your credit card information you authorize Homeschool On to bill and charge your credit card for the Course material, until you or Homeschool On terminate your agreement in accordance with these Terms.  

6.                   INTELLECTUAL PROPERTY

6.1               All of the Content available on or through the Website is the property of Homeschool On Homeschool Inc. or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property law. You agree not to reproduce, re-transmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through a Session or through the Website to any third party. All software and accompanying documentation made available for download from the Website is the copyrighted work of Homeschool On or its licensors.

6.2               “Homeschool On” and "Gather Round Homeschool" are protected terms (all rights reserved).  Subject to the terms of this Agreement, Homeschool On grants you a limited, revocable, non-transferable and non-exclusive license to use the Website. The license granted herein does not permit you to, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Website or allow a third party, whether directly or indirectly, to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Content; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Website, its Contents or any information related to your Account and the Course Material to any third party. Digital files are password protected in an effort to maintain the integrity of our intellectual property.

7.                   DISCLAIMERS

7.1               ACCESS TO THE WEBSITE, THE CONTENT, AND THE COURSE MATERIAL AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE, PURSUANT TO APPLICABLE LAW, HOMESCHOOL ON DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, HOMESCHOOL ON DOES NOT WARRANT THAT ACCESS TO THE WEBSITE OR SESSIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, ACCESS TO THE SESSIONS, AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.

YOU SHALL BE SOLELY RESPONSIBLE AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE WEBSITE, YOUR ACCOUNT, OR THE CONTENTS OF YOUR SESSIONS OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. HOMESCHOOL ON CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES, OR LIABILITIES ARISING FORM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE WEBSITE.

8.                   LIMITATIONS OF LIABILITY

8.1               IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR YOUR ACCOUNT OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL HOMESCHOOL ON OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR YOUR USE OF THE WEBSITE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.

UNDER NO CIRCUMSTANCES SHALL HOMESCHOOL ON OR ITS AFFILIATES BE LIABLE FOR ANY NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF HOMESCHOOL ON WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE OR RELIANCE ON THIS WEBSITE, OR IN CONNECTION WITH YOUR ACCESS TO THE WEBSITE AND COURSE MATERIAL.

9.                   INDEMNIFICATION

9.1               To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Homeschool On, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of the Website (including your access to the Sessions).

10.               DISCHARGE/TERMINATION

10.1           You or Homeschool On may terminate access to your Account at any time for any reason whatsoever. Upon such termination, your right to access the Course Material will immediately cease.

11.               GOVERNING LAW AND JURISDICTION

11.1           These Terms will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule and notwithstanding your domicile, residence or physical location.

11.2           Any action or proceeding arising out of or relating to these Terms will be instituted in the courts of the Province of British Columbia and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such counts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

12.               WAIVER

12.1           No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

13.               SEVERABILITY

13.1           If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

14.               REPORTING AND CONTACT

14.1           This website is operated by Homeschool On located at:

12201 Pacific Ave Fort St John, BC V1J 8A5, Canada

All notices and complaints with respect to the content of the Website and/or the Course Material must be reported to Homeschool On at support@gatherroundhomeschool.com.

15. RIGHT TO REFUSE SERVICE