Terms and Conditions
Last updated: January 1, 2023
Welcome to Forever Homeschooling, where learning never ends!
Terms for these Terms and Conditions
“Forever Homeschooling,” “us,” “we,” or “our” refers to Forever Homeschooling, LLC.
“Members” refers to Parent/Guardian account holders and Student account holders.
“Member Content” refers to all text, images, video, audio, documents, or other materials that are uploaded, shared, or otherwise displayed by Members through their account on the Website.
“Parent/Guardian” refers to a Member that is at least 18 years old and has legal custody of a Student.
“Register” and “Registration” refer to the creation of an account on the Website.
“Student” refers to a Member that is under the age of 18 years old, the legal dependent of a Parent/Guardian, and currently residing in the household of a Parent/Guardian.
“Subscribe” and “Subscription” refer to the automatically recurring payments from a Parent/Guardian to Forever Homeschooling. An actively paid Subscription is required for Students to have and maintain access to the Website.
“Website” refers to https://foreverhomeschooling.com in its entirety.
“You” refers to Members and potential Members collectively.
About Forever Homeschooling and this policy
The Forever Homeschooling Website is a subscription learning platform where Students enjoy watching fun, educational lessons and socializing virtually with other Students about what they are learning. Educators provide LIVE interactive lessons, LIVE social clubs, and recorded lessons. The Website is equipped with many social features such as joining groups, uploading content, commenting, and liking content. Students are encouraged to share what they are working on in their homeschooling adventure for other Students and our Team to provide supportive feedback.
It is important that you carefully read all of the Policies as they explain the rules you must follow when using the Website, your rights, our rights, and other important information regarding your use of the Website. These Terms and Conditions are legally binding. By Registering an account on the Website, you confirm that you have read, understood, agreed to, and agree to be bound by the Policies. You must be of legal age to form a binding contract to Subscribe to the Website. If you are not yet of the legal age to form a binding contract, then you must get your Parent/Guardian to read the Policies and agree to them on your behalf. Parents/Guardians who create an account for their Student have provided consent for their Student to use the Website and agree to be bound by the Policies in respect to the use of the Website by their Student and themselves. Authorized use of this Website is exclusive to individuals who agree to abide by the Policies and all applicable laws and are residents of the United States of America.
All visitors and Members who are under the age of 18 years old must have the permission of, and be directly supervised by, their Parent/Guardian to use this Website. If you are under the age of 18 years old, you must have your Parent/Guardian agree to these Terms and Conditions in order for you to use this Website.
By accepting these Terms and Conditions, you and Forever Homeschooling enter a legal agreement to arbitrate any dispute between us and you forfeit your right to go to court, individually or as part of a class action, except as otherwise provide by law or regulation. For more information, see the section below titled “Dispute resolution, arbitration, and no class action.”
If you do not agree to all of the Policies, you may not use the Website. You can email us with any questions you have about the Policies at firstname.lastname@example.org.
Access and registration
If you are 18 years old or older, your only access to the Website should be through a Parent/Guardian account or as a logged-out visitor and you are prohibited from interacting with any Student through the Website. If you are under the age of 18 years old, your only access to the Website shall be through your Student account while under the direct supervision of your Parent/Guardian. When a Student reaches the age of 18 years old, they are no longer allowed to have access to the social features of the Website or interact with other Students on or through the Website. As such, their Parent/Guardian is required to contact us when their Student is nearing their 18th birthday so that we can make appropriate access modifications to the Student’s account. You do not need a second Subscription if your Student needs an access modification due to age. Students that have reached the age of 18 years old are permitted to continue to have access to the Course Library but they are prohibited from interacting with other Students or joining LIVE Video Recordings (defined under the Member Content section below) even if such features are available through their account.
The purchase of a Subscription to the Website and the subsequent Parent/Guardian account is restricted to Parents/Guardians that are residents of the United States of America and agree to the Policies. Registration of Student accounts is restricted to Parents/Guardians with an active Subscription. Parents/Guardians are not allowed to Register someone else’s Students. Parents/Guardians affirm that any Student account created from their account is under the age of 18 years old. Further, Parents/Guardians affirm that they have legal guardianship over any Student account created from their account and that they agree to all of the Policies. Parents/Guardians that wish to Register a person they have legal guardianship over but is 18 years or older must first contact us at email@example.com and we will create a Student account for them with proper access restrictions. All Members, including Students, agree to comply with the Policies.
When a Student account is Registered, the capability to create posts and comments or upload content is not automatically available. This capability should become available for a new Student account within 24 hours of the account’s Registration. If your Student does not have the aforementioned capability within 24 hours, please contact us at firstname.lastname@example.org and we will investigate the cause.
We reserve the right to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity and to terminate any Subscription or account established using inaccurate or incomplete information. A Student account may be terminated at our discretion if we believe the account is being used by someone 18 or more years old or anyone else not in compliance with the Policies or applicable laws. Likewise, a Parent/Guardian account may be terminated at our discretion if we believe the account is being used by a person under the age of 18 years old or anyone not in compliance with the Policies or applicable laws. A Parent/Guardian account may also be terminated at our discretion if we believe their Student’s account is being used by a person in which they do not have legal guardianship over.
Forever Homeschooling reserves the right to investigate and take appropriate legal action against anyone who, in Forever Homeschooling’s sole discretion, violates any of the Policies, including but not limited to, removing the offending content, suspending or terminating the violator’s account, suspending the violator’s account from certain features, and reporting violators to law enforcement authorities.
By using the Website, you represent and warrant that your use of the Website does not violate any applicable laws or regulations.
Forever Homeschooling strives to provide a safe and welcoming environment for its Members and has put systems, policies, rules, and protocols in place to protect Members, Member Content, our content and materials, our Team, and the Website, however there are always risks when dealing with other people online and we cannot guarantee that the protective steps we’ve taken will always be successful. You understand that while using the Website, you and your Student will be exposed to content from a variety of people and sources. We cannot control the behavior of other Members and you agree not to hold us responsible for the accuracy, usefulness, safety, appropriateness, or intellectual property rights relating to the behavior and use of Members. You understand that Forever Homeschooling is not responsible for and does not endorse the opinions, advice, or recommendations shared by Members and that we are not liable in any way with regards to content shared by Members. Further, you understand that you may be exposed to content that is inaccurate or that you deem offensive or objectionable. You hereby agree that all of the risks are ultimately borne by you, not Forever Homeschooling and that you will not hold Forever Homeschooling liable in any way for such risks.
“Social areas” means areas of the Website where you have the ability to interact with other Members, such as submitting Member Content, answering profile questions, and LIVE Video Recordings (defined below). You acknowledge that these social areas are not for private communications and you have no expectation of privacy with regard to any submission to a social area. We do not guarantee the security of any information you disclose through any of these social areas. You make such disclosures at your own risk.
- Parents/guardians are prohibited from interacting with Students on or through the Website. Parents/guardians are only allowed to observe and report any misconduct to Forever Homeschooling.
- All Members will conduct themselves in a kind, respectable manner. This means we do not tolerate profanity, obscenities, violence, prejudice or discrimination across any and all forms of diversity, bullying, cyber-bullying, harassment, rudeness, or hatefulness in any way. This includes behavior that suggests or alludes to any of these behaviors and non-verbal communications and gestures.
- Members are held responsible for all Member Content generated from their account.
- Members will refrain from spam-like behavior. Examples: repeatedly submitting the same Member Content over and over, submitting a response in a long string of posts or comments instead of just one or two, trolling, chain letters, or other annoying or disruptive behavior.
- Members will not share personally identifying information such as geological location including city and street name, email address, phone number, legal name, contact information outside of Forever Homeschooling such as gamer tags, parent’s legal name, etc.
- Members will not:
- ask for personally identifying information from other Members.
- share their account or access to their account with anyone else.
- use their legal name or any inappropriate or objectionable language in their username or display name.
- share politically biased Member Content.
- share religious Member Content intending to convert others.
- share or otherwise display or distribute Member Content or content owned by Forever Homeschooling outside of the Website.
- use Forever Homeschooling in any way for commercial use without explicit written permission.
- Members will not attempt to engage in illegal activities using the Website including but not limited to:
- Upload or share any content that infringes any intellectual property or other proprietary rights of any person or entity.
- Upload or share any content that contains a virus or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
- Upload or share any content that poses a security or privacy risk to any person or entity.
- Upload or share content that constitutes unsolicited or unauthorized advertising, promotional materials, sales, commercial activity, spam, chain letters, junk mail, pyramid schemes, contests, sweepstakes, lotteries, or any other form of solicitation.
- Upload or share any content that is harmful, unlawful, abusive, threatening, harassing, tortious, violent, defamatory, libelous, derogatory, vulgar, obscene, pornographic, invasive of another person’s or entity’s privacy, racist, or ethnically or otherwise objectionable in the sole opinion of Forever Homeschooling.
- Upload or share any content that disrupts other Members’ usage or enjoyment of the Website or which may expose Forever Homeschooling or its Members to any harm or liability of any kind.
- Interfere with or disrupt Forever Homeschooling or its connected servers and networks, including disobeying any requirement, policy, rule, or regulation of servers and networks connected to Forever Homeschooling.
- Impersonate any person or entity or misrepresent your affiliation with a person or entity including using another person’s username or display name, password, or other account information or another person’s name, likeness, voice, image, or photograph.
- Solicit personal information from a Member that violates any of the Policies.
- Harvest or collect contact information of other Members from Forever Homeschooling for the purposes of sending unsolicited communications.
- Advertise, offer to sell, or buy any goods or services for any business purpose that is not specifically authorized by Forever Homeschooling.
- Promote or further any criminal activity or enterprise.
- Obtain or attempt to access any material or information through any means not intentionally made available or provided for through Forever Homeschooling.
- Display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purpose, any portion of Forever Homeschooling, use of Forever Homeschooling, or access to Forever Homeschooling.
- Violate any applicable law including local, state, national, international or any regulation having the force of law.
- Members agree to promptly notify Forever Homeschooling at email@example.com if they become aware of any unauthorized use of a Member account. Additionally, Members agree to notify Forever Homeschooling if they become aware of any breach of security involving or relating to Forever Homeschooling, in part or in whole.
Conduct specific to LIVE Video Recordings:
- Parents/Guardians that do not want their Student to join LIVE Video Recordings have the sole responsibility to ensure their Student does not attend them. Forever Homeschooling will not be held responsible or liable for Students joining LIVE Video Recordings without consent from their Parent/Guardian.
- Parents/Guardians that do not want their Student’s microphone or camera turned on during LIVE Video Recordings have the sole responsibility to ensure the device their Student is using has blocked such permissions and that their Student does not alter those permissions. The use of a camera or microphone during a LIVE Video Recording may result in other Members being able to see or hear you as well as you being recorded by Forever Homeschooling.
- Do not turn on your microphone or camera during LIVE Video Recordings without permission from your Parent/Guardian.
- If you have permission from your Parent/Guardian to enable your microphone during LIVE Video Recordings, you may not unmute unless the Educator tells you that you can and no one in the background is exhibiting inappropriate behavior.
- All conversations during LIVE Video Recordings, including in the chat, should be on-topic.
- Anyone on camera, including in the background, during LIVE Video Recordings must be clothed in such a way that the area from armpit level to mid-thigh area cannot be seen and must not engage in behavior that violates any of the Policies.
- All Members will follow any rules laid out by the Educator during the LIVE Video Recordings.
Images, documents, and other files:
- Members must ensure any images, documents, or other files uploaded to the Website are devoid of personally identifying information, copyrighted or protected content, illegal content of any kind, and faces of anyone that did not give explicit consent for their image to be shared on the Website.
- All Members must ensure any images, documents, or other files uploaded to the Website which include an image of a person, even in the background, are (1) clothed in such a way that the area from armpit level to mid-thigh area cannot be seen and (2) are not engaging in behavior that violates any of the Policies.
If a Student attends a LIVE Video Recording and violates any Policy which creates a disruption for others, our Team reserves the right to turn the Student’s camera or microphone off or remove them from the LIVE Video Recordings and suspend their account until we can communicate with their Parent/Guardian. This decision is at the sole discretion of the Educator and is for the safety and well-being of all Members. If a Student violates any Policy, Forever Homeschooling may reach out to their Parent/Guardian via email and inform them of the violation and any restrictions placed on their account. This allows Students to learn from their mistakes. We will remove or disable any offending Member Content if necessary. Forever homeschooling reserves the right to temporarily or permanently suspend or terminate any account that violates any of the Policies with or without notice and at its sole discretion. Additionally, Forever Homeschooling reserves the right to temporarily or permanently suspend or terminate access to the Website, in part or in whole, for any account that violates any of the Policies with or without notice and at its sole discretion.
By using the Website, you acknowledge and agree that all violations are determined on a case-by-case basis and at the sole discretion of Forever Homeschooling and its Educators. Further, you agree that Forever Homeschooling has no liability whatsoever for any interruption of features due to violations. You assume all risks and loss when you or your Student violates any of the Policies. If you believe you or your Student have been suspended or terminated by mistake, you can email us at firstname.lastname@example.org with your dispute. For faster processing, your email should be sent with the Subject “Violation Dispute.”
You are responsible for maintaining the confidentiality of your password and account and are fully responsible for any and all activities that occur under your password and account. You agree to ensure that you sign out from your account at the end of your usage sessions. You should not leave your login credentials where unauthorized persons may find it such as on a shared device. Disclosure of a password to any other person is at your own risk. Members should never respond to any request for their account passwords, other than in connection with the login process to access their account. Any such password requests should be forwarded to us at email@example.com. You agree to immediately notify Forever Homeschooling if there is any unauthorized use of your password or account or any other breach of security. Forever Homeschooling will not be liable for any loss or damage arising from your failure to comply with this section. Members may be held liable for the losses of other persons or entities as a result of such unauthorized use.
Parents/Guardians will not allow Students to access their Parent/Guardian account or the information in their Parent/Guardian account including their Identification Code. The Identification Code may only be disclosed to our Team when requested to verify identity.
Our obligations and rights
Forever Homeschooling is a resource website, not a school. We do not provide tests, grading, credit hours, or evaluations of any kind. Parents/Guardians are solely responsible for ensuring they follow relevant laws regarding their method and execution of their home education. You agree to not hold Forever Homeschooling liable for a violation of such law or regulation.
Forever Homeschooling owns, controls, and manages all of the content we create. We may utilize third-party resources to generate our content or as links for members to use at their discretion. We cannot guarantee the accuracy, quality, safety, legality, or appropriateness of third-party resources we may use to bring you the content we provide. We further cannot guarantee that the AI-generated captions are accurate and/or aligned with the videos. Also, we cannot control the behavior of Members, non-Members, or other entities and therefore cannot guarantee the safety, legality, or appropriateness of our LIVE Video Recordings or content generated by them.
We cannot guarantee all lessons, courses, clubs, features, content, material, and services we provide will be available indefinitely. We reserve the right to remove, suspend, modify, temporarily discontinue, or permanently discontinue any course, club, feature, content, material, or service we provide, in part or in whole, at any time for any reason or no reason and with or without notice. You agree that Forever Homeschooling will not be held liable in any way to you or to any third party for any discontinuation or modification of lessons, courses, clubs, features, content, materials, or services it provides.
We have the right, but not the obligation, to screen or moderate Member Content. Where we have a moderation queue enabled for screening and moderating Member Content, there will be a delay in the posting of such Member Content or other Members to view to allow us to complete the moderation process. If we have questions about your Member Content, we may contact you or your Parent/Guardian for further information including if we suspect your submitted Member Content is potentially copyrighted by another entity or person. We reserve the right to refuse to post, deliver, remove, modify, transfer, or otherwise use or take action with respect to Member Content at any time and for any reason or no reason without notice and without liability. Further, we reserve the right to delete, suspend, or otherwise disable Member Content intentionally or unintentionally for any reason or no reason and at any time without any liability to you or any other party. We reserve the right, without liability of any kind, to identify any member or disclose any Member Content, data, or information to third parties when we believe in good faith that such identification or disclosure will either facilitate compliance with laws or help to enforce any of the Policies.
To protect Student’s online privacy, Forever Homeschooling deletes the entire Student account and all Member Content (defined below) created from a Student’s account when their Parent/Guardian account is no longer active (i.e. did not renew Subscription when it was due). Likewise, Forever Homeschooling deletes the entire account and all accompanying data associated with a Student’s account when their account is terminated for any reason. A deleted account and its Member Content is not able to be restored. Forever Homeschooling will not be held liable in any way for any loss of data caused by this method of Student privacy protection.
Student Safety: Our Team may report to the appropriate authorities if we suspect a Student is being abused or neglected. The Federal Child Abuse Prevention and Treatment Act defines abuse or neglect as “any recent act or failure to act on part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act which presents an imminent risk of serious harm.”
You acknowledge that Forever Homeschooling may establish general practices and limits concerning use of the Website and the services it provides, including the length of time that data or other content will be retained and the maximum storage space that will be allotted on its servers for Member Content. You agree that Forever Homeschooling has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to the Website. You also acknowledge that Forever Homeschooling reserves the right to change these general practices and limits at its discretion for any reason or no reason without liability and with or without notice.
Payments & refunds
Forever Homeschooling is not an internet provider. You are solely responsible for any fees associated with any internet connection that provides you access to Forever Homeschooling. You may also be subject to third party terms and policies, such as your carrier’s terms of service.
Access to our courses, clubs, social features, content, and other material is limited to paying Members. When you purchase a Subscription, you certify that you are a legal adult with legal custody of a Student, are currently residing in the United States of America, have the authority and right to use the payment method you selected, and that such payment method has sufficient credit or funds available to complete your payment. All Subscriptions will renew automatically according to the schedule you selected (monthly or annually) unless you cancel your Subscription. You hereby authorize Forever Homeschooling to charge your chosen payment method and you agree to pay any charges incurred, including any applicable sales tax based on Forever Homeschooling’s nexus in the state you listed during Registration, in US Dollars. Applicable sales tax will be applied to each payment based on Forever Homeschooling’s physical or economic nexus in your state. Forever Homeschooling reserves the right to change the price of Subscriptions at any time. In the event the Subscription price changes (this is to exclude sales tax and other local, state, or federal fees required by law that we do not have control over), Forever Homeschooling will provide you with a notice and an opportunity to terminate your Subscription.
We will notify you via email before your Subscription is scheduled to renew. You reserve the right to cancel your Forever Homeschooling Subscription at any time and without obligation. You can cancel your Subscription through your Forever Homeschooling account’s membership information. If you cancel your Subscription, you will continue to have access to the Website for the remainder of the Subscription cycle you paid for and will not be given a refund for any service already paid. You acknowledge that each payment method (PayPal, credit card, etc) has their own individual policies for cancellations and you agree that you will not hold Forever Homeschooling liable if you fail to cancel your Subscription according to their policies. We cannot guarantee the cost of your Subscription will be the same if you cancel your Subscription and then reactivate your Subscription at a later time.
Forever Homeschooling reserves the right to interrupt the Website, in part or in whole, without notice for any reason without liability to Members for any unavailability of the Website. Further, Forever Homeschooling reserves the right to terminate features of the Website at any time and for any reason with or without notice and without liability of any kind.
Due to the digital nature of Forever Homeschooling and the free trial we provide, all purchases are final and nonrefundable except as required by applicable laws or legal regulations. If your account or Subscription is restricted, suspended, or terminated due to your failure to comply with the Policies, you shall not hold Forever Homeschooling liable for any reason nor will you be compensated in any way except as required by applicable law. You may not transfer, assign, sell, gift, exchange, trade, convert, lease, rent, sub-license, or otherwise distribute access to your Forever Homeschooling account or Subscription and any attempt will result in immediate termination of your account and Subscription without compensation.
If you believe you have been charged as a result of fraud or error, you must email Forever Homeschooling at firstname.lastname@example.org within 60 days of the charge you are disputing. We reserve the right to terminate any Subscription and associated accounts that are connected to any fraudulent charges.
You agree that Forever Homeschooling may, at our sole discretion, suspend or terminate your account (in part or in whole) or use of the Website or our services and remove or delete any content, including Member Content, within the Website at any time and for any reason or no reason without limitation. You agree that any termination of your access to the Website under any provision of these Terms and Conditions may be effected without prior notice. You acknowledge and agree that Forever Homeschooling may immediately deactivate, suspend, terminate, or otherwise remove your account and any and all related information and Member Content in your account and/or bar any further access to such information and Member Content. If a Parent/Guardian Subscription is terminated, whether voluntarily or involuntarily, the accounts and access of their Student(s) will also be terminated. If a Student account is terminated, voluntarily or involuntarily, the associated Parent/Guardian Subscription will also be terminated unless the Parent/Guardian has at least one other active Student account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Website may be referred to appropriate authorities. Forever Homeschooling, in its sole discretion and at any time, discontinue providing the Website or any part thereof with or without notice and without obligation or liability of any kind. IF WE TERMINATE OR SUSPEND YOUR ACCOUNT, IN PART OR IN WHOLE, FOR ANY REASON, YOU ARE PROHIBITED FROM REGISTERING OR CREATING A NEW ACCOUNT UNDER YOUR NAME, A FAKE NAME, A BORROWED NAME, OR THE NAME OF A THIRD PARTY, EVEN IF YOU MAY BE ACTING ON BEHALF OF THE THIRD PARTY. You agree that Forever Homeschooling will not be liable to you or any third party for any termination, suspension, or other limitations of your access to the Website.
Intellectual property rights
Your Member Content: You represent that you own all rights, title, and interest for all your Member Content. Forever Homeschooling does not claim any ownership including copyright, trademark, or otherwise over your Member Content which means you retain any and all intellectual property rights over your Member Content. You accept full responsibility, risk, and liability for your use of Member Content that is in violation of another person’s or entity’s copyright or other intellectual property right. By submitting, posting, sharing, uploading, or otherwise displaying on or through Forever Homeschooling or any of its features, you automatically grant (and represent and warrant that you have the right to grant) Forever Homeschooling a worldwide, non-exclusive, irrevocable, perpetual, fully sublicensable, royalty-free right and license to host, store, transfer, reproduce, publicly display or perform, adapt, modify, publish, translate, create derivative works from, distribute, or use your Member Content in any way, in part or in whole, worldwide via the Website or otherwise and to incorporate it into other works online or offline in any form, media, or technology (tangible or intangible) now known or later developed for any legal business purposes. Any Member Content that is used by Forever Homeschooling under the aforementioned license will be devoid of personal information to protect your online privacy. Forever Homeschooling is not obligated to provide to you any compensation, attribution, or otherwise for any reason.
You acknowledge and agree that any questions, comments, ideas, suggestions, feedback, or other information about Forever Homeschooling provided by you to Forever Homeschooling are non-confidential and Forever Homeschooling is entitled to unrestricted use and dissemination of such submissions for any purpose, including commercially, without acknowledgment or compensation to you. You acknowledge and agree that Forever Homeschooling may preserve content and may also disclose content if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, applicable laws, or government requests; to enforce the Policies; respond to claims that any content violates the rights of third parties; or to protect the rights, property, or personal safety of Forever Homeschooling, Members, and the public. You understand that the technical processing and transmission of Forever Homeschooling, including your Member Content, may involve transmissions over various networks as well as changes to conform and adapt to technical requirements of connecting networks or devices.
You understand and agree that you are solely responsible for understanding all copyright, trademark, patent, trade secret, and other intellectual property laws or other laws that may apply to your Member Content. Further, you are responsible for the legal consequences of any actions or failures to act on your part while using the Website and Forever Homeschooling has no liability in connection with any such consequences.
You agree that even though you may retain certain copyright or other intellectual property rights with respect to your Member Content, you do not own any data we store on our servers, including and without limitation any data representing or embodying any or all of your Member Content.
No Member Content may be used, reproduced, transmitted, distributed, displayed, or otherwise exploited in any way other than as part of the Website, including derivative works, without our explicit written permission and the explicit written permission of the Member Content’s author.
Forever Homeschooling’s Material: Forever Homeschooling owns and contains content and features that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as explicitly authorized by Forever Homeschooling, you agree not to modify, copy, frame, scrape, rent, lease, loan, lend, sell, assign, sublicense, distribute, publicly perform or display, or create derivative works based on Forever Homeschooling, in part or in whole, or any underlying technology or software, including third party software or technology Forever Homeschooling utilizes, except that the foregoing does not apply to your own Member Content that you legally upload to the Website. For clarification, LIVE Video Recordings are Forever Homeschooling’s content, not Member Content. In connection with your use of Forever Homeschooling, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. You agree not to modify, copy, distribute, publicly perform or display, create a derivative work of, reverse engineer, disassemble, decompile, or make any other attempt to discover any source code of Forever Homeschooling or any of its downloaded or underlying software or technology. You are prohibited from any attempt to disable or circumvent any security or other technological measures designed to protect the Website, its content, Members, or the public.
Where Forever Homeschooling or its Educators have provided educational printable material, you acknowledge that you are not granted ownership over such material. However, you are granted a limited license of use by Forever Homeschooling or a third party under the following conditions: you may only download, print, or share for non-commercial purposes provided that you keep all copyright and other proprietary notices intact, do not modify or create derivative works based on the educational printable material in part or in whole, and do not use the educational printable material in an unlawful manner or in a way that suggests an association with any of our products, services, or brands.
You acknowledge and agree that nothing in these Terms and Conditions shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, slogans, trade names, trade dress, or other proprietary rights in the Website or any part thereof to you or any third party. Additionally, nothing in these Terms and Conditions shall have the effect of authorization for you to create derivative works based on the Website, in part or in whole, including Member Content that does not belong to you.
Any business use, re-mailing, or high-volume or automated use of the Website is prohibited and shall be considered a violation of these Terms and Conditions.
Any rights not explicitly granted herein are reserved by Forever Homeschooling. Any use of Forever Homeschooling or its content other than as specifically authorized herein is strictly prohibited. Breach of these restrictions may result in prosecution and damages for infringement of intellectual property.
Takedown notice: Forever Homeschooling respects the intellectual property of others and expects its Members to do the same. If you believe your intellectual property rights have been violated, you should notify Forever Homeschooling of your infringement claim in accordance with the procedure set forth below. Forever Homeschooling will process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.
A notification of claimed copyright infringement should be emailed to Forever Homeschooling’s Copyright Compliance Department at email@example.com with the Subject “DMCA Takedown Request.” You may also send a written letter addressed to:
ATTN: Copyright Compliance Department
328 Stiles Ave
Orange Park, FL 32073
To be effective, the notification of alleged infringement must be in writing (physical or digital) and contain the following information: a description of the copyrighted work or other intellectual property that you claim has been infringed and a description of where it is located with enough detail for us to find it; a statement by you that you believe in good faith that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; your mailing address, telephone number, and email address; a statement by you, made under the penalty of perjury, that all the information in your notice is accurate and that you are the copyright or intellectual property owner or that you are authorized to act on behalf of the owner; and an electronic or physical signature of the owner of the copyright or other intellectual property interest or person authorized to act on behalf of the owner. You acknowledge that failure to comply with these requirements may invalidate your takedown notice.
Upon notice from an intellectual property rights owner or an authorized person acting on their behalf, Forever Homeschooling will suspend or disable access to content that is believed to be infringing the intellectual property rights of a third party by being made available through the Website and send an email notification to the Parent/Guardian responsible for the account which submitted the alleged infringing content.
Takedown counter-notice: If you believe your Member Content that was suspended or disabled is not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law to upload and use the content in your Member Content, you may submit a counter-notice to Forever Homeschooling’s Copyright Compliance Department at firstname.lastname@example.org with the Subject “DMCA Takedown Counter Notice.” You may also send a written letter addressed to:
ATTN: Copyright Compliance Department
328 Stiles Ave
Orange Park, FL 32073
To be effective, the counter-notice must be in writing (physical or digital) and contain the following information: a description of the content that was suspended or disabled and a description of where it was located; a statement by you that you believe in good faith that the content was suspended or disabled as a result of a mistake or a misidentification of the content; a statement that you consent to the jurisdiction of the federal court located within Florida; a statement that you will accept service of process from the person who provided notification of the alleged infringement; your name, physical address (cannot be a PO Box), telephone number, and email address; and your physical or electronic signature.
If a counter-notice is received by our Copyright Compliance Department, Forever Homeschooling will forward the counter-notice to the original complaining party along with a statement that the Member Content which had been alleged to be infringing material may be replaced in 10 days. Unless the original complaining party files an action seeking a court order against the provider of the content and notifies Forever Homeschooling of such court filing, the suspended or disabled content may be restored, in our sole discretion, in 10 days or more after receipt of the counter-notice.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Forever Homeschooling has adopted a policy for handling Members that are deemed to be repeat infringers in appropriate circumstances and at its sole discretion. Forever Homeschooling reserves the right to temporarily or permanently limit access to the Website in part or in whole, suspend access, or terminate access of any Member who repeatedly infringes other’s copyright or other intellectual property rights.
Third party content
Forever Homeschooling may display links or provide other access to third party content. Forever Homeschooling does not have control over, is not responsible for, and does not endorse such third party content. The Website is equipped to display a pop-up to inform Students when they have clicked on a third party link that is not hosted on the Website and offers them a choice of continuing to the link or staying on the Website. If a Student chooses to continue to the third party’s website, they will no longer be subject to or protected by our Policies. This pop-up notice is provided as a courtesy and we cannot guarantee that it will always function properly. We will not be held liable in any way if the aforementioned pop-up notice fails to function as intended. We do not guarantee the legality, safety, appropriateness, accuracy, completeness, validity, quality or otherwise of third party content. You acknowledge that Forever Homeschooling is not responsible or liable in any way for any damage, loss, or claim caused or alleged to be caused by or in connection with your use of or reliance on any content, events, goods, or services available on or through any such third party content. Any dealings you have with third parties found while using the Website are between you and the third party. Forever Homeschooling reserves the right to remove any content from the Website, including third party content, at any time for any reason or no reason with or without notice and without liability. You agree that you must evaluate and bear all risks associated with the use of any content including any reliance on the accuracy, completeness, usefulness, or otherwise of such content. By using the Website, you relieve Forever Homeschooling from any and all liability that may arise from your use of any third party content or service.
General provisions and notice
These Terms and Conditions are accepted upon your use of the Website and is further affirmed by your creation of an account on the Website. All the Policies constitute the entire agreement between you and us regarding the use of the Website and any services we provide. The section titles in our Policies are for convenience only and have no impact on the interpretation of any provision. These Terms and Conditions operate to the fullest except permissible by law. If any portion of these Terms and Conditions is held to be invalid or unenforceable under applicable law, such portion will be given effect to the greatest extent possible (or severed from these Terms and Conditions if it cannot legally be given any effect) and the remaining portions will remain in full force and effect. Even after a Subscription or account is terminated, these Terms and Conditions will remain in full force and effect. You may also be subject to additional terms and conditions that may apply when you use affiliate or third party services, content, or software. The Website is controlled and operated by Forever Homeschooling, LLC within the State of Florida, United States of America. We make no representation or warranty that any aspect of the Website or our services are appropriate or available for use in jurisdictions outside of the United States. With respect to disputes, claims, or controversies to arbitration, as set forth in these Terms and Conditions, you and Forever Homeschooling agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Clay County, Florida, USA. The delay or failure of Forever Homeschooling to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No consent or waiver by us under our Policies shall be deemed effective unless such consent or waiver is put into writing and signed by a duly appointed officer of Forever Homeschooling. If any provision of these Terms and Conditions is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. Regardless of any statute or law to the contrary, you agree any claim or cause of action arising out of or in connection to the use of the Website, any of our services, or these Terms and Conditions must be filed within one year after such claim or cause of action arose or be permanently barred. By using the Website or our services, you permit us to contact you by email or by use of a general notice on the Website. All notices by you or required under these Terms and Conditions should be emailed to us at email@example.com or mailed to Forever Homeschooling ATTN: Legal Department 328 Stiles Ave, Orange Park, FL 32073.
As a condition of access to and use of the Website, you expressly understand and agree that you hereby defend, indemnify, and hold harmless Forever Homeschooling and our owners, partners, directors, officers, employees, agents, affiliates, subsidiaries, licensees, suppliers, distributors, and content providers from and against any and all claims, liabilities, losses, damages, expenses, fees including without limitation attorneys’ fees and costs, demands, and injury whether actual or consequential, known or unknown, suspected or unsuspected, and disclosed or undisclosed arising out of or in any way connected with Forever Homeschooling, one or more Members, any Member Content, any third party, your connection to and use of the Website, your action or inaction in respect to any loss or alteration of Member Content or other data held in connection with your account, your violation of our Policies (including any representation, warranty, and agreement referenced in these Terms and Conditions), your violation of any applicable law or regulation, or your violation of any rights of another person or entity.
If you are a resident of California, you hereby waive California Civil Code Section 1542, which states: “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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of warranties
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE, YOUR SUBSCRIPTION, YOUR ACCESS, AND ALL OTHER MATERIALS, CONTENT, AND SERVICES STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. FOREVER HOMESCHOOLING EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER WRITTEN OR ORAL, EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND COURSE OF DEALING, USAGE, OR TRADE.
FOREVER HOMESCHOOLING MAKES NO REPRESENTATIONS OR WARRANTIES (1) THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) THAT THE WEBSITE WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, ERROR-FREE, SECURE, VIRUS-FREE, OR FREE OF OTHER HARMFUL COMPONENTS; (3) THAT ANY OF THE ISSUES LISTED PREVIOUSLY WILL BE CORRECTED; (4) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (5) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OTHERWISE OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; (6) TO THE CONDUCT OF MEMBERS ON OR THROUGH THE WEBSITE; OR (7) THAT ANY ASPECT OF THE WEBSITE OR OUR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN JURISDICTIONS OUTSIDE OF THE UNITED STATES, AND AS SUCH, THOSE THAT CHOOSE TO ACCESS THE WEBSITE OR OUR SERVICES FROM OTHER LOCATIONS ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS. YOU UNDERSTAND THAT YOU SHALL NOT BE ENTITLED TO ANY REFUND FOR FEES PAID, IF ANY, BASED ON OUR FAILURE TO PROVIDE ANY OF THE FOREGOING OTHER THAN AS EXPLICITLY PROVIDED IN THESE TERMS AND CONDITIONS.
Disclaimer of responsibility
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE OR OUR SERVICES WILL CREATE ANY WARRANTY REGARDING FOREVER HOMESCHOOLING OR ANY OF OUR OWNERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSEES, SUPPLIERS, DISTRIBUTORS, AGENTS, OR CONTENT PROVIDERS THAT IS NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE WEBSITE, YOUR DEALINGS WITH ANY THIRD PARTY ON OR THROUGH THE WEBSITE INCLUDING OTHER MEMBERS, AND ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR OUR SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF FOREVER HOMESCHOOLING, OUR SERVICES, AND MATERIALS AND CONTENT (INCLUDING MATERIAL AND CONTENT AVAILABLE FOR DOWNLOAD OR OTHERWISE OBTAINABLE ON OR THROUGH THE WEBSITE OR OUR SERVICES) FOUND ON OR THROUGH THE WEBSITE OR OUR SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE WEBSITE OR OUR SERVICES) OR LOSS OF DATA THAT RESULTS FROM THE USE OF FOREVER HOMESCHOOLING, OUR SERVICES, AND ANY MATERIALS AND CONTENT FOUND ON OR THROUGH THE WEBSITE OR OUR SERVICES. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limitations of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FOREVER HOMESCHOOLING AND ANY OF OUR OWNERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSEES, SUPPLIERS, DISTRIBUTORS, AGENTS, OR CONTENT PROVIDERS WILL NOT, IN ANY EVENT, BE LIABLE TO YOUR OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS, LOST REVENUES, LOSS OF DATA, LOSS OF GOODWILL, OTHER INTANGIBLE LOSS, OR OTHER DAMAGES ARISING (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE WEBSITE (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR USE OR INABILITY TO ACCESS OR USE THE WEBSITE (INCLUDING ANY MATERIALS OR CONTENT FOUND ON OR THROUGH THE WEBSITE OR OUR SERVICES), ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, YOUR ACCOUNT OR SUBSCRIPTION (INCLUDING ITS SUSPENSION, TERMINATION, OR INACCESSIBILITY), UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE, THIS AGREEMENT, OR ANY OTHER MATTER RELATING TO THE WEBSITE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. ADDITIONALLY, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE WEBSITE.
WHILE USING THE WEBSITE, YOU MAY ACCUMULATE MEMBER CONTENT THAT RESIDES AS DATA ON OUR SERVERS. THIS DATA AND ANY OTHER DATA MAY BE DELETED, ALTERED, MODIFIED, MOVED, OR TRANSFERRED AT ANY TIME FOR ANY REASON OR NO REASON IN OUR SOLE DISCRETION. YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER PROPRIETARY RIGHTS YOU MAY HAVE WITH RESPECT TO YOUR MEMBER CONTENT OR ANY VALUE ATTRIBUTED TO SUCH MEMBER CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, WE DO NOT PROVIDE OR GUARANTEE AND EXPRESSLY DISCLAIM ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON OUR SERVERS. YOU UNDERSTAND AND AGREE THAT WE HAVE THE RIGHT, BUT NOT THE OBLIGATION TO REMOVE ANY MEMBER CONTENT OR DATA IN PART OR IN WHOLE AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS OR LIMITATIONS IN THESE TERMS AND CONDITIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. IF ANY PORTION OF THESE TERMS AND CONDITIONS IS HELD TO BE INVALID UNDER APPLICABLE LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Disputes between Members
You understand and agree that (1) you are solely responsible for your interactions with any other Member in connection with the Website and Forever Homeschooling will have no liability or responsibility with respect thereto; (2) we have the right, but not the obligation, to attempt to resolve Disputes between Members and our resolution of any particular Dispute does not create an obligation to resolve any other Dispute; (3) to the extent we elect to resolve any disputes between Members, we will do so in good faith and based solely on the Policies of the Website and will not make judgements regarding legal issues or claims; (4) our resolution of such Disputes will be final with respect to the Website but will have no bearing on any legal Disputes in which Members of the Website may become involved; and (5) you expressly understand and agree that you hereby release Forever Homeschooling and our owners, partners, directors, officers, employees, agents, affiliates, subsidiaries, licensees, suppliers, distributors, and content providers from any claims, demands, and damages whether actual or consequential, known or unknown, suspected or unsuspected, and disclosed or undisclosed arising out of or in any way connected with our resolution of Disputes between Members relating to the Website.
Dispute resolution, arbitration, and no class action
Agreement to arbitrate: In the event a dispute, controversy, or claim (herein referred to as “Disputes”) arises between you and Forever Homeschooling, you and Forever Homeschooling agree to resolve any and all Disputes (except Disputes related to our intellectual property rights) that have arisen or may arise between you and Forever Homeschooling exclusively through final and binding arbitration, not a court, in accordance with these Terms and Conditions, except for the exclusions specifically set out below. YOU AGREE THAT BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU AND FOREVER HOMESCHOOLING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exclusions from informal negotiations and arbitration: You and Forever Homeschooling agree that nothing in these Terms and Conditions will be deemed to waive, preclude, or otherwise limit your or our right to: (1) bring an individual action to small claims court, if such claim qualifies; (2) bring issues to the attention of local, state, or federal agencies who can, if permissible by law, seek relief on your or our behalf; (3) seek injunctive relief in a court of law; or (4) file suit in a court of law to address an intellectual property infringement claim. You and Forever Homeschooling agree that any action at law or in equity arising out of or relating to these Terms and Conditions that is not subject to arbitration shall be commenced and prosecuted only in the state or federal courts located in the State of Florida in the United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
Governing law: These Terms and Conditions are governed by the laws of the State of Florida in the United States of America without regard to conflict of law principles.
No class action: YOU AND FOREVER HOMESCHOOLING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. YOU AND FOREVER HOMESCHOOLING AGREE AS FOLLOWS: (1) NEITHER PARTY WILL SEEK TO HAVE A DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY; (2) NO ARBITRATION OR PROCEEDING CAN BE COMBINED WITH ANOTHER; AND (3) IF THE CLASS ACTION WAIVER OR ANY PART OF THIS SECTION IS FOUND TO BE UNLAWFUL OR UNENFORCEABLE AS TO ALL OR PART OF A DISPUTE, THOSE PARTS WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION. Nothing in these Terms and Conditions is intended to waive non-waivable rights.
Pre-arbitration informal negotiation: Forever Homeschooling is committed to trying to resolve Disputes in an amicable and cost-efficient manner and most customer concerns can be resolved quickly by emailing us at firstname.lastname@example.org. If such efforts prove unsuccessful, YOU AND FOREVER HOMESCHOOLING AGREE TO FIRST ATTEMPT TO INFORMALLY DISCUSS AND NEGOTIATE A RESOLUTION TO ANY DISPUTE FOR AT LEAST 60 CALENDAR DAYS FROM WHEN THE NOTICE OF THE DISPUTE IS SENT BEFORE INITIATING ARBITRATION (except in respect to the Disputes listed as exclusions to arbitration in these Terms and Conditions). Such informal negotiations will commence upon written Notice of Dispute from one party to the other. Any Notice of Dispute to Forever Homeschooling should be sent to Forever Homeschooling, LLC ATTN: Legal Dispute Department 328 Stiles Ave, Orange Park, FL 32073. The Notice of Dispute must describe the nature and basis of the Dispute and set forth the specific relief sought. If the Dispute is not resolved with such information negotiations in 60 calendar days, either party may commence arbitration.
Binding arbitration procedures: If a resolution to a Dispute is unable to be resolved through informal negotiations, the Dispute (except those Disputes listed as an exclusion to arbitration in these Terms and Conditions) will be finally and exclusively resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the US Federal Arbitration Act. YOU UNDERSTAND THAT YOU ARE GIVING UP YOUR RIGHT TO SUE IN COURT OR HAVE A TRIAL BY JURY AND YOUR RIGHT TO A CLASS ACTION. Arbitration will be administered by the American Arbitration Association (herein referred to as “AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (herein referred to as “AAA Rules”) as modified by the arbitration provisions of these Terms and Conditions. For more information on the AAA and the AAA Rules, you can visit www.adr.org. The arbitrator may award the same damages and relief that a court can award to an individual, including declaratory or injunctive relief, but only to the extent required to satisfy the individual claim. If any inconsistency between any term of the AAA Rules and any provision in these Terms and Conditions is found, the applicable provisions of these Terms and Conditions will control unless the arbitrator determines that the applicable of the inconsistent provision would not result in a fundamentally fair arbitration.
Location of arbitration: Any arbitration hearings will take place at a location to be agreed upon in Clay County, Florida, USA, but if the claim is for $10,000 or less, Forever Homeschooling agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephone-based hearing, through an online-based hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award, if any, are based.
Costs of arbitration: If you commence arbitration in accordance with these Terms and Conditions, Forever Homeschooling will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be determined by the AAA Rules. Any payment of attorneys’ fees shall be governed by the AAA Rules. If the arbitrator determines that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose as measured by the standards in the Federal Rule of Civil Procedure 11b, then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies Forever Homeschooling previously disbursed that are otherwise your obligation to pay under the AAA Rules.
Confidentiality: All aspects of the arbitration proceeding and any rulings, decisions, or awards by the arbitrator will be strictly confidential for the benefit of all parties.
Severability: In the event a court or arbitrator finds that any provision of these Terms and Conditions to be invalid or unenforceable, both parties involved in the arbitration agree to replace such provision with a provision that is valid and enforceable and that comes closest to the expressed intention of the invalid or unenforceable provision, and these Terms and Conditions shall be enforceable after such modification.
Notice to California residents
Under California Civil Code Section 1789.3, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (916) 445-1254 or (800) 952-5210 to resolve a complaint regarding your use of the Website.
If you are a resident of California under the age of 18 years old, you may request and obtain removal of certain personal information or information you have publicly posted to the Website including personally identifiable information and Member Content, but not anonymized information. Such requests can be made by contacting us via email at email@example.com and must include your username or display name and provide a specific description of the information or Member Content that you want removed so that we can locate the information or Member Content. Please be aware there may be circumstances in which the law does not require or allow us comply with removal requests.
Changes to these Terms and Conditions
Forever Homeschooling reserves the right to change or update these Terms and Conditions at any time with or without notice and any modifications shall be effective immediately upon being posted to the Website. Your use of the Website after a change has been posted signifies your agreement to any such changes. You should review these Terms and Conditions periodically to stay informed of the latest modifications.
If you have any questions, concerns, or suggestions, please contact us at firstname.lastname@example.org or use our contact form
Updated January 1, 2023: The formerly named “Security PIN” has been renamed “Identification Code.”