The HomeSchool Minder Help Forum Use Agreement

The HomeSchool Minder Help Forum is an online application, enabling HomeSchool Minder users to build, join and participate in customized and personalized discussion groups. You understand and agree that the Help Forum is provided "AS-IS" and that Hunter HomeSchool, LLC assumes no responsibility for, among other things, (1) any service outages or interruptions (2) the unavailability of particular boards, features or services, (3) the inability to access the Help Forum, (4) the failure or inability to post materials to the Help Forum, (4) the deletion of materials posted to the Help Forum or (5) the failure to store materials posted to the HomeSchool Minder Help Forum.

1. REGISTRATION

To take advantage of the HomeSchool Minder Help Forum 's full capabilities users must be a registered user of HomeSchool Minder. When you register, you agree that you will supply Hunter HomeSchool with the information requested in the registration process and ensure that the information supplied is accurate. Information supplied in the registration process, as well as other information provided to Hunter HomeSchool during your use of the HomeSchool Minder Help Forum is governed by Hunter HomeSchool's' privacy policy that can be viewed online via the HomeSchool Minder website. During the registration process, you will be asked to create a unique username and password for your individual account. You are solely responsible for maintaining the confidentiality of your password. You agree that anyone with whom you share your password will abide by this Agreement, and that you will be liable for the conduct of those using your account and password.  If you learn of any unauthorized use of your account or password, you agree to notify Hunter HomeSchool immediately at HSM@HunterSystems.com.

2. CONTENT ACCESSIBLE ON THE SERVICE

The HomeSchool Minder Help Forum contains a huge variety of information, data, messages, directions, product tips and other materials (the "Content") that users post. Please use caution and common sense when viewing Help Forums. You understand and agree that any Content posted on the Help Forum is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit via the Help Forum. You acknowledge that Hunter HomeSchool is not responsible for, does not control, does not endorse and does not verify the Content posted to the Help Forum or available through the Help Forum, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will Hunter HomeSchool be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the HomeSchool Minder Help Forum.

You acknowledge that Hunter HomeSchool shall have the right (but not the obligation) to access any board, and remove or restrict access to any Content on the HomeSchool Minder Help Forum in its sole discretion and without notice or compensation. Without limiting the foregoing, Hunter HomeSchool shall have the right to access any board and remove or restrict access to any Content that violates this Agreement or that Hunter HomeSchool believes is otherwise objectionable.

You acknowledge and agree that Hunter HomeSchool may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Hunter HomeSchool, its users and the public.

3. LICENSE GRANTED TO Hunter HomeSchool

You grant Hunter HomeSchool the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt, distribute and publish any Content you post/upload/contribute to the HomeSchool Minder Help Forum, for the purposes of displaying such information on HomeSchool Minder's sites and for the promotion and marketing of HomeSchool Minder.

4. USER CONDUCT

You agree to not use the HomeSchool Minder Help Forum to: (a) violate or solicit the violation of any applicable local, state, national or international law; (b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights (c) upload, post, email or otherwise transmit any Content that (1) is unlawful, threatening, abusive, tortious, defamatory, obscene, libelous, or invasive of another's privacy; (2) consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, and phreaking; (3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork; (4) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws; (5) is the private information of another such as their addresses, phone number, Social Security number or credit card number; (6) contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (7) you do not have a right to upload or post due to contractual or other legal obligation. (d) impersonate any person or entity, including, but not limited to, a Hunter HomeSchool official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the HomeSchool Minder Help Forum;(f) interfere with or disrupt the Service, computer servers or boards accessible through the Help Forum; (g) disseminate off-topic messages on boards promoting any product, service, web site, board or venture, or promote boards on the HomeSchool Minder Help Forum through unsolicited electronic mail messages to third parties. If you do use the HomeSchool Minder Help Forum to commit any of the above, Hunter HomeSchool may, at its sole discretion. terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the HomeSchool Minder Help Forum.

5. MEMBER DISPUTES

You are solely responsible for your interactions with other users of the HomeSchool Minder Help Forum. Hunter HomeSchool reserves the right, but has no obligation, to monitor disputes between you and other users of the HomeSchool Minder Help Forum.

6. CREATION OF FORUM DISCUSSIONS (BOARDS)

In using the HomeSchool Minder Help Forum to create or make accessible a board, you agree to use your best efforts to ensure that individuals posting Content to the board comply with Paragraph 4 of this Agreement, and agree to take action to remove or disable access to any Content on the board that violates Paragraph 4 of this Agreement.

7. LIMITATIONS, CONDITIONS AND RULES REGARDING SERVICE

You agree that Hunter HomeSchool may establish, in its sole discretion, any limitations, conditions or rules concerning use of the Service, including, for example, the maximum number of messages a user may post to a given board or the Service in a given day, the number of days that posted messages will be available, or the maximum size of a given post. You acknowledge that Hunter HomeSchool has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

8. MODIFICATION AND TERMINATION OF SERVICE

Hunter HomeSchool reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the HomeSchool Minder Help Forum (or any part of it) with or without notice. You agree that Hunter HomeSchool shall not be liable to you or to any third party for any modification, suspension or discontinuance of the HomeSchool Minder Help Forum. You agree that Hunter HomeSchool, in its sole discretion, may terminate your password, account (or any part of it) or ability to use the HomeSchool Minder Help Forum, and remove and discard any Content within the Help Forum, for any reason or for no reason, including, without limitation, for lack of use, or for violating the letter or the spirit of this Agreement. You agree that any termination of your access to the HomeSchool Minder Help Forum may be immediate and without prior notice. You further agree that Hunter HomeSchool shall not be liable to you or any third-party for any termination of your use or ability to access the HomeSchool Minder Help Forum.

9. OTHER WEB SITES AND RESOURCES

Registered users of the HomeSchool Minder Help Forum may provide links or access to other web sites and resources. Because Hunter HomeSchool has no control over such sites and resources, you acknowledge and agree that Hunter HomeSchool is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Hunter HomeSchool shall 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.

10. NO RESALE, REDISTRIBUTION OR REPURPOSING OF SERVICE OR CONTENT

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the HomeSchool Minder Help Forum, access to the HomeSchool Minder Help Forum or any of the Content accessible through the HomeSchool Minder Help Forum, other than Content as to which you hold the intellectual property rights.

11. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE HOMESCHOOL MINDER HELP FORUM IS AT YOUR SOLE RISK. THIS SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Hunter HomeSchool EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) Hunter HomeSchool MAKES NO WARRANTY THAT (i) THE HOMESCHOOL MINDER HELP FORUM WILL MEET YOUR REQUIREMENTS, (ii) THE HELP FORUM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HOMESCHOOL MINDER HELP FORUM IS OBTAINED AND USED AT YOUR SOLE| RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY Hunter HomeSchool.

12. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Hunter HomeSchool SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Hunter HomeSchool HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE HOMESCHOOL MINDER HELP FORUM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE HOMESCHOOL MINDER HELP FORUM.

17. INDEMNITY

You agree to indemnify and hold Hunter HomeSchool, and its subsidiaries, affiliates, officers, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the HomeSchool Minder Help Forum, your use of the Service, your connection to the Service, your violation of the law, this Agreement or the rights of another.

18. NOTICES

Notices to you may be made via either email or regular mail. Hunter HomeSchool may also provide notices of changes to this Agreement or the HomeSchool Minder Help Forum by displaying notices or links to notices to you generally on the Help Forum.

19. GENERAL

This Agreement constitutes the entire agreement between you and Hunter HomeSchool with respect to the Service and supersedes all prior agreements and understandings between you and Hunter HomeSchool. Hunter HomeSchool' failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.

20. OFFICIAL LANGUAGE - ENGLISH

This AGREEMENT AND THE HOMESCHOOL MINDER HELP FORUM site is developed in English and MAY BE translated into other languages. For all purposes, only the English VERSION OF THIS AGREEMENT, AND THE ENGLISH VERSIONS OF THE HOMESCHOOL MINDER HELP FORUM SITE SHALL BE OFFICIAL AND BINDING ON THE PARTIES. Hunter HomeSchool is not responsible for the accuracy and correctness of the translation. You are solely responsible to carefully read AND UNDERSTAND the English text and YOU AGREE THAT YOU MAY NOT RELY on translations provided AS OFFICIAL DOCUMENTS OR REPRESENTATIONS.