Terms and Conditions

TERMS OF USE

INTRODUCTION. These are the Terms of Use for the Well-Trained Mind Online Conferences site, which we’ll call “the WTM Online Conference Site.” This is where we will say all of the things our lawyer has told us we should be saying to protect ourselves.  The WTM Online Conference Site is operated by Well-Trained Mind Academy. (“PHP” or “we“) as a store (the “Store”) where you can buy books and other educational materials to use for home-schooling your child or just for your own education (“Materials”). Please bear with us while we go through this. Sometimes we’ll say something more than once, in a couple of different ways. Please bear with that, too.

BASIC CONDITIONS.  These Terms of Use constitute a legally binding agreement between you and PHP. These Terms of Use will remain in full force and effect as long as you use the WTM Online Conference Site.

INTELLECTUAL PROPERTY. PHP owns all rights in the WTM Online Conference Site, including all trademark rights in the Well-Trained Mind name and logo, and all copyrights and other rights in the content published by Well-Trained Mind that appears on the WTM Online Conference Site (“PHP Content”).

NO CANCELLATION OF ORDERS.  To cut down on shipping times, your order is automatically sent to our warehouse when you place it in the Store. This means that if you select the wrong quantity, volume, binding, or title, we are unable to correct the order before it ships out. Accordingly, you must double-check your order before you submit it to the Store. If you have any questions about our Materials, you need to ask us before you place the order. And call us if we can help you out in any way.

PROCESSING TIME.  All orders placed in the Store may take 24-48 hours to process. If you used Paypal checkout to place your order, please see the paragraph below specifically for international customers.

 

PAYMENT. You will not pay for any Materials with an unauthorized credit or debit card or a check that does not clear for any reason or in any other way fail to pay the agreed-upon purchase price for any Materials.

INTERNATIONAL CUSTOMERS

  • Other international customers.  You must use the PayPal® button to process your order. You do not need to have a PayPal account to pay through PayPal. You can process your order through PayPal using your credit card. If you try to process your order without using PayPal and you do not immediately receive an order confirmation number, then your order is incomplete. We do not collect money, nor will we send out any Materials on an incomplete order. You may see that your bank has held the money for the attempted transaction for a period of time (determined by the individual bank–usually 1 or 2 days). After that period, your bank will release the money back into your account. Each bank is different, so please contact your bank for additional information.

DISCLAIMER OF WARRANTIES.  THE WTM ONLINE CONFERENCE SITE IS MADE AVAILABLE TO YOU “AS IS.” PHP EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT OF THE LAW ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO THE WTM ONLINE CONFERENCE SITE OR THE MATERIALS SOLD ON THE WTM ONLINE CONFERENCE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ABOUT THE RESULTS YOU MAY ACHIEVE OR ATTAIN USING THE MATERIALS SOLD ON THE SITE TO HOME-SCHOOL YOUR CHILD. EVERY CHILD IS DIFFERENT AND EDUCATIONAL MATERIALS AND APPROACHES THAT MAY WORK WELL FOR ONE CHILD MAY NOT WORK FOR ANOTHER CHILD. WE ALSO DISCLAIM ANY WARRANTY OF ANY KIND RELATING TO THE RESULTS OF YOUR USE OF OR INTERACTION WITH THE WTM ONLINE CONFERENCE SITE, INCLUDING, WITHOUT LIMITATION ANY WARRANTY THAT THE WTM ONLINE CONFERENCE SITE WILL OPERATE CONTINUOUSLY OR ERROR-FREE ON YOUR OPERATING SYSTEM OR THAT CONTENT ON THE WTM ONLINE CONFERENCE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the disclaimer of implied warranties, so some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

INDEMNITY. You will indemnify and hold harmless Well-Trained Mind Academy, its parent, subsidiaries, affiliates, officers, agents, and other partners and employees from any loss, liability, claim, demand, fees, and expenses, including reasonable attorney’s fees made by any third party (which means anyone other than you or PHP) due to or arising out of your use of the WTM Online Conference Site, including, without limitation, any claim arising from your breach of these Terms of Use. This obligation will survive termination of this Agreement, which means that even after you stop using the WTM Online Conference Site, you will still be bound.

LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES WILL WELL-TRAINED MIND ACADEMY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF WELL-TRAINED MIND ACADEMY OR SUCH SUBSIDIARY OR AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE WTM ONLINE CONFERENCE SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WTM ONLINE CONFERENCE SITE; YOUR INABILITY TO USE THE WTM ONLINE CONFERENCE SITE; THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WTM ONLINE CONFERENCE SITE; OR OUT OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WTM ONLINE CONFERENCE SITE OR ANY LINKS ON THE WTM ONLINE CONFERENCE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted, so some of the foregoing limitations may not apply to you.

CONSENT TO COLLECTION AND USE OF DATA. Our privacy policy, which you can read here, explains what personally identifying information is collected through the WTM Online Conference Site, how it is used, and who has access to it.

COPYRIGHT PROTECTION POLICY.  If you believe that any content that you own has been posted on the WTM Online Conference Site without your permission, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the WTM Online Conference Site; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent can be reached as follows: Susan Bauer, Peace Hill Press, 18021 The Glebe Lane, Charles City, VA, phone 804.829.5042, fax 804.829.5704, email [email protected].

GOVERNING LAW, JURISDICTION, AND TIME LIMIT ON CLAIMS. You agree that: (i) the WTM Online Conference Site shall be deemed solely based in Virginia; and (ii) the WTM Online Conference Site shall be deemed a passive Site that does not give rise to personal jurisdiction over PHP, either specific or general, in jurisdictions other than Virginia. If you have any dispute with us, the dispute will be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. You hereby submit to personal jurisdiction by and venue in the state and federal courts of Richmond, Virginia. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to use of the WTM Online Conference Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.

TERMINATION. We reserve the right, in our sole discretion, to refuse to process any order for Materials, reject any credit card or other form of payment, assist law enforcement in the prosecution of criminal liability, and/or take whatever other actions we consider appropriate to address any action that we reasonably believe is or might be in violation of these Terms of Use.

ADDITIONAL TERMS. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of the Terms of Use invalid, the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use will remain in full force and effect.

These Terms of Use were last updated on November 12, 2014.


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