Welcome to Homeschool Used Book, a brand of Home Educating Family Association, LLC. Before using our application, it is important to understand our rules.
Accepting These Terms
This document, our rules, policies, and the other documents referenced make up our Terms of Service (“Terms”). The Terms are a legally binding contract between you and Home Educating Family Association, LLC. (“HEDUA”). This contract sets out your rights and responsibilities when you use Homeschool Used Book and our Service (the “Service” includes the “Website,” Homeschoolusedbook.com as well as all related websites, networks, downloadable software, and other services provided by us) provided by HEDUA. Please read them carefully.
BY USING OUR SERVICE, YOU ARE CREATING A LEGALLY BINDING CONTRACT TO COMPLY WITH ALL THE TERMS.
We may amend the Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it. You acknowledge and agree that it is your responsibility to periodically review these Terms. Your continued use of this Website after such modifications will constitute acknowledgement and acceptance of the modified Terms.
Some important introductions for you.
Description Of Service
- The Service is an online consumer-to-consumer marketplace. While HEDUA may help facilitate transactions, users that list and sell items through the Service (“Sellers”) and users that purchase items through the Service (“Buyers”) are entirely responsible for the sale of goods (referred to herein as “goods,” “products,” or “items”) transactions between them, including without limitation the listing of goods. Sellers and Buyers (this means you) are collectively referred to herein as “Users” of the Service.
- HEDUA provides payment processing services through third party service providers for items listed on its marketplace. Users can pay with credit card or debit card. Sellers may have funds from sales deposited into their designated PayPal account. Please remember payment PayPal accounts can only be registered on one HEDUA account at a time.
- HEDUA is responsible for processing refunds, chargebacks, or payment reversals and providing customer service in relation to questions, but is not and shall not be involved in disputes between Users.
Your Account With HEDUA
You’ll need to create an Account with HEDUA to use some features of our Service. If HEDUA determines that your use of an Account violates any of our Terms, or is otherwise inappropriate or illegal, HEDUA may, at its sole discretion, take action up to and including termination of your account. If you have previously violated our Terms using another account, refuse to provide information, or if we are unable to verify the information you provided, you may be ineligible for an Account.
Here are a few rules about Accounts with HEDUA:
- A User shall not use an Account for money laundering or any illegal purpose or in violation of any law or regulation or provision of these Terms. As a condition for using the Service, we hold all buyers or sellers accountable for violations of law, violations of these Terms, and all applicable policies.
- You must be 18 years of age or older to have an account.
- You may only register for and maintain one Account. Payment instruments and PayPal accounts can only be registered on one HEDUA account at a time; they cannot be shared on multiple accounts.
- If you make purchases, you will be asked to provide information about your Payment Instrument(s), which may include a credit card, debit card, Account or Balance resulting from earnings from prior sales, or another payment method permitted by us. We may validate that your Payment Instrument is in good standing with the Payment Instrument issuer. You agree that the User Information and Payment Instrument information you provide to us is accurate and that you will keep it updated.
- If you complete a sale, you may withdraw your Payout Balance to your PayPal account. It is your responsibility to ensure that your PayPal account information is entered correctly.
- You are solely responsible for any activity and listings on your Account. You also are responsible for ensuring your Account accurately reflects your current User Information.
- You are responsible for all fees, chargebacks, payment reversals, or refunds received by HEDUA, even after you close your Account. Amounts owed may be removed from your Balance.
No Endorsement. HEDUA neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Website. Although we do not pre-screen, police, or monitor comments posted on the Website, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Website, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.
Promotions. From time to time, this Website may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.
We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing content through our Designated Agent, a decision may be made to remove access or disable access to such materials in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
Notification. If you believe that you or someone else’s copyright has been infringed on this Website, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
- Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
- Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name, or URL of the page(s) that contain(s) the material);
- The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and e-mail address);
- A statement that the Rights Holder has a good faith belief that the use of the material identified above in (2) is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
- The Rights Holder’s electronic signature.
Notice may be sent to:
By Mail: P.O. Box 431, Columbia, TN 38402
By E-mail: firstname.lastname@example.org
Counter-Notification. If material that you have posted to our Site has been taken down, you may file a counter-notification that contains the following details:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
- Your name, address, and telephone number;
- A statement that you consent to the jurisdiction of federal district court in Davidson County, Tennessee, and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person.
- Your physical or electronic signature.
Notice may be sent to:
By Mail: P.O. Box 431, Columbia, TN 38402
By E-mail: email@example.com
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our site without liability to you or any other party. Repeat infringers will be terminated and barred from using the Website.
Termination By You
You may request termination of your Account with HEDUA at any time. Terminating your Account will not affect the availability of some of your listing content that you posted through the Service prior to your termination and completed transaction information. You are still responsible for all fees, shipping overages, chargebacks/payment reversals, or refunds received by HEDUA, even after you close your Account. You remain obligated to resolve any disputes with other Users that are the result of purchases or sales of goods occurring prior to termination. HEDUA-issued Credits are invalid and expire upon termination of your account.
Scope Of License
The Website is licensed, not sold, to you for use only under our Terms. HEDUA reserves all rights not expressly granted to you. HEDUA hereby grants you a personal, limited, revocable, non-transferable license to use the Website on a compatible device that you own or control, solely for your own personal use.
You may not modify, alter, reproduce, distribute, or make the Website available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Website.
You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or regulation or third party terms) nor attempt to disable or circumvent any security or other technological measure designed to protect the Website or any content available through the Website.
The Service may include open source software or third party software. Any such software is made available to Users under the terms of the applicable licenses.
Third Party Services and Linked Websites
Content that you post using our Service must be content you own or have the right to use (so let’s refer to it as “Your Content”). That includes anything you post using our Service (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, etc.).
- Responsibility for Your Content. You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
- Permission to Use Your Content. By posting Your Content through our Service, you grant HEDUA a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help HEDUA function and grow. That way, we won’t infringe any rights you have to Your Content and we can help promote your listings and/or Account.
- By posting Your Content, you grant HEDUA a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Service and to promote HEDUA, or the Service in general, in any formats and through any channels, including across any HEDUA Service or third-party website or advertising medium.
- Reporting Unauthorized Content. HEDUA has great respect for intellectual property rights and is committed to following appropriate legal procedures to remove infringing content from the Service. If content that you own or have rights to has been posted to the Service without your permission and you want it removed, please follow the steps listed in Frequently Asked Questions. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We will notify you if that happens.
- Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we do not want posted on HEDUA’s Service (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive. You also agree not to post any content that is false, misleading, or uses the Service in a manner that is fraudulent or deceptive.
Your Use of Our Service
License to Use Our Service. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service—subject to these Terms and the following restrictions:
- Don’t Use Our Service to Break the Law. You agree that you will not violate any laws in connection with your use of the Service. This includes any local, state, federal, and international laws that may apply to you. It’s your responsibility to obtain any permits or licenses and have proof of ownership or receipts if required. You may not use HEDUA to list or sell items that violate any laws. You may not use HEDUA Service to commit fraud, theft, or any other crimes against HEDUA, another HEDUA user, or a third party.
- Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example, by distributing a virus or other harmful computer code.
- Agreement to Receive Electronic Communications. By using our Service, you are agreeing that we can send you information electronically (by e-mail, etc.) instead of mailing you paper copies and that your electronic agreement is the same as your signature on paper.
- People You Interact With. You can use the Service to interact with other individuals. However, you understand that we do not screen Users of our Services, and you release us from all liability relating to your interactions with other Users. Please report Users who engage in inappropriate conduct so we may review their account.
Suspension or Termination by HEDUA
HEDUA reserves the right to change, suspend, or discontinue any of its Services, in whole or in part at any time for any reason, without notice (unless required by law).
We may refuse service to anyone and may terminate or suspend your Account (and any related Accounts) and your access to the Service in whole or in part at any time, for any reason, without notice unless required by law. For example, HEDUA will promptly terminate without notice the Accounts of Users who are determined by HEDUA to be “repeat offenders.” A repeat offender is a User who has been notified of a violation of our Terms, engages in infringing activity, or has had content removed from the Service at least twice.
If we terminate or suspend your Account or access to our Service:
- You do not have a contractual or legal right to continue to use our Service, for example, to sell or buy on our Website. We will not be liable to you for the effect that any changes to the Service may have on you, including your income or your ability to generate revenue through the Service.
- You remain responsible for fees, shipping fees, chargebacks/funds reversals, returns, or refunds requested and remain obligated to resolve any disputes with other Users that are a result of purchases or sales of goods occurring prior to termination/suspension.
- Funds may be held for up to 180 days to seek reimbursement from a Seller in any of the following circumstances: When (a) we provide a refund to a Buyer because a Seller did not deliver the goods or we otherwise determine that a refund is warranted in a particular circumstance; (b) we discover erroneous or duplicate transactions related to a Seller; (c) we receive a chargeback or payment reversal from a Buyer’s Payment Instrument issuer for the amount of a Buyer’s purchase from a Seller; or (d) a Seller does not act in accordance with HEDUA’s Terms of Service including the sale of prohibited items and the creation of multiple accounts.
- Funds may be held initially for 30 or 90 days based on risk. You may be required to provide additional information regarding your account, your identity, your listings, or your transactions to release the holds on these funds. However, additional infractions may extend the holding period up to 180 days to cover our risk. Funds for illegal activity or items will not be released.
- We may obtain reimbursement of any amounts owed by a Seller to HEDUA by deducting from future payments owed to the Seller, reducing any credits from the seller’s HEDUA Payout Balance, or seeking reimbursement from the Seller by any other lawful means, including by using third-party collections services. You authorize us to use any or all of these methods to seek reimbursement.
- HEDUA will make refunds or other payments owed to you, as required by applicable law or regulation.
Buying and Selling Generally
A Seller shall not purchase a product the Seller themselves has listed. A Seller who wishes to withdraw a listing must do so per the procedures specified by HEDUA’s instructions.
A sales contract for a product will be formed with the Seller when the Buyer completes the steps for purchasing a product as prompted on the Service, but before payment is made by the Buyer. The Seller and the Buyer shall not assign to a third party, provide as security, or otherwise dispose of their rights and obligations arising under such sales contract.
The Seller agrees that HEDUA and its designated payment processor act as agents for the Seller in processing payments for purchases. A Buyer’s obligation to a Seller for the purchase price shall be deemed extinguished upon receipt by HEDUA of the purchase price (except for Buyer’s obligations in the event of a chargeback or other payment reversal).
HEDUA will make commercially reasonable efforts to credit the Seller’s Payout Balance with HEDUA within ten (10) business days of receipt of the settled payment proceeds by HEDUA. HEDUA shall transfer earnings to the Seller’s PayPal account upon the Seller’s request. HEDUA may ask for the Seller’s User Information to ensure the transfer and purchase is secure and may retain the earnings until Seller’s User Information has been verified and confirmed.
A User is responsible for PayPal transfer fees and other costs incurred to make or receive a payment. All other fees associated with a transaction and/or shipping are communicated to the User at time of transactions.
Buyer Transactions and Fees
Any payment by a Buyer in connection with the Service shall be made through HEDUA and its payment processor. Purchases made by Payment Instrument through the Service are also subject to the terms and conditions between Buyer and the issuer of the Payment Instrument.
When a Buyer requests to make a purchase, HEDUA processes such transaction on behalf of the Seller, and the Buyer authorizes the Seller to submit charges or credits (in the case of refunds/reversals), as applicable, to the Buyer’s Payment Instrument. By agreeing to these Terms, you authorize HEDUA and its payment processor to charge or debit your designated Payment Instrument, as applicable, when you make transactions or incur fees for the Service. Refunds under a certain dollar amount may be issued in HEDUA Credit rather than requiring a shipping return to the Seller and a refund to the payment instrument at HEDUA’s discretion. If a sales contract is formed, the Buyer shall pay the total amount of the product price and any applicable shipping fees.
You, as a Buyer, agree that purchases made through the Service are transactions between you and the Seller, not with HEDUA or its affiliates. HEDUA and its affiliates are not parties to your payment transaction with the Seller. You also agree that HEDUA shall not have any liability to you for any payments made through HEDUA’s designated payment processor.
Sellers agree to pay HEDUA the current “Transaction Fee,” upon a successful completion of a sale. The current Transaction Fee is a flat 12% Transaction Fee per transaction.
Cancellation of a Transaction; Refunds
Cancellation of a transaction is not permitted once the product has been ordered by a Buyer, except as required by applicable law or regulation. However, HEDUA may allow cancellation of an order if the Buyer receives an item that is not as described in the listing, is sent the wrong item, or is sent a damaged item; if the Seller does not ship within four (4) days; or for other reasons HEDUA deems appropriate.
If a Buyer receives an item that is damaged, not as described in the listing, or is sent the wrong item, the Buyer must report the problem to us within five (5) days of delivery, or within such longer time as required under applicable law or regulation, through “Contact Us” on the Website. Items may be returned to the Seller, as HEDUA permits, for a refund.
Any refund will be issued to the original form of payment, or if a return of the item is not required, the buyer may be issued a refund in HEDUA Credit. If the Buyer and Seller agree to a return after this determination, HEDUA may be contacted to process to the original form of payment.
Transactions where payment is sent outside of the HEDUA platform are strictly prohibited by HEDUA’s Terms and Conditions. Listings or profiles soliciting such transactions are subject to removal without notice.
Redeeming and Using Earnings; Earnings Limitations
After a transaction is complete and goods have been delivered to the Buyer, the Seller may request to have his or her Payout Balance resulting from the sale sent to his/her PayPal account by requesting a withdrawal or to use his or her earnings Balance as a Buyer for purchasing goods through the Service. HEDUA and/or its banks or processors may impose additional limitations on the dollar amount or frequency of PayPal payouts or use of earnings; these limitations are subject to change without notice.
Transaction Records, Receipts and Customer Service
Receipts may not be issued to Users for payments made or received on the Service, except as required by applicable law or regulation.
Records of your payment transactions through the Service and HEDUA Account Payout Balance transactions will be reflected in your transaction history in your HEDUA Account. You are responsible for reviewing your payment transaction history to determine if there are any errors or unauthorized transactions, and for alerting HEDUA of such events through Contact Us on the Website. It is your obligation to print or save a copy of your transaction history if desired.
HEDUA and its bank do not pay interest to you on earnings or any other funds which may be maintained in an Account or otherwise with HEDUA. You assign to HEDUA the right to earn interest on earnings or other funds maintained with HEDUA and its bank, in consideration of your use of the Service.
Handling of Credits
A User may earn Credits by participating in various campaigns offered through the Service or as otherwise explicitly provided by HEDUA. The amount of Credits that may be earned and other conditions for earning Credits shall be subject to the applicable Credit campaign rules provided by HEDUA. To the extent permitted by applicable law or regulation, HEDUA may change the rules at any time and may terminate the entire Credits system without any refund or other compensation for existing Credits. “Credits” means credits that can be used solely to purchase eligible products through the Service in accordance with these Terms.
- A User will not be able to exchange Credits for cash, property, or any other economic benefits other than for the purchase of eligible products through the Service that is specified by HEDUA. A User will not be able to transfer Credits to any other User or person. Credits may be refunded in accordance with applicable laws and regulations and displayed by the Service. A User is responsible for any unauthorized use of his or her Credits. Warranties, and Limitation of Liability
- If HEDUA determines that your use of Credits violates our Terms or is otherwise inappropriate, HEDUA may invalidate all the Credits earned by either you or through associated accounts.
Disputes Between Users
Sellers agree to resolve any disputes directly with the Buyer according to our Terms. In the event that a dispute is escalated to HEDUA, we reserve the right to issue a refund to a Buyer if a transaction is found to be in violation of HEDUA’s Terms.
In the event that a Buyer submits a chargeback or other form of payment reversal, HEDUA will respond to the payment network as the merchant of record on behalf of the Seller involved in the transaction. The Seller agrees to provide any requested information to us within five (5) calendar days of the request. HEDUA reserves the right to recoup funds associated with Buyer chargebacks/payment reversals or refunds through any permissible legal means.
If there is a dispute between Users or between a User and a third party with regard to the Service, the matter shall be resolved by such Users at their own cost. HEDUA may participate in the dispute at its discretion. After a transaction is processed, HEDUA is the final arbiter of disputes between Users, and HEDUA shall not bear any liability related to such disputes.
If you have a dispute with one or more Users, you release HEDUA (and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “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.”
Indemnification; Limitation of Liability
We hope this never happens, but if HEDUA gets sued because of an action you took using our Service, you agree to indemnify us and assist in defending HEDUA to the best of your ability. That means you must assist HEDUA in defending any matter in which you were involved. This includes providing information regarding your experience (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that may arise from your actions, your use (or misuse) of our Service, your breach of the Terms, or your Account’s infringement of someone else’s rights.
Liability Limits. To the fullest extent permitted by law, neither HEDUA nor our employees or directors shall be liable to you for any lost profits or revenues or for any consequential, incidental, actual, indirect, special, or punitive damages arising out of or in connection with the Service or these Terms. In no event shall HEDUA’s aggregate liability for any damages exceed the greater of one hundred ($100) U.S. Dollars or the amount you paid HEDUA in the past twelve months for Seller fees.
Disclaimer of Warranties. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. HEDUA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (1) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (2) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS; (B) THE CONTENT, OFFERINGS OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES, OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT OFFERINGS ON THIS SITE SHALL ALSO BE SUBJECT TO THESE TERMS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
HEDUA IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT INFORMATION INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH INFORMATION IS UP-TO-DATE. HEDUA HAS NO RESPONSIBILITY TO DETERMINE IF YOUR OR ANOTHER USER’S PAYMENT INSTRUMENT IS IN GOOD STANDING OR IF YOU OR ANOTHER USER HAVE AN AVAILABLE BALANCE WITH WHICH TO MAKE A TRANSACTION THROUGH THE SERVICE. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR PAYMENT INSTRUMENT ISSUER, OR YOUR REQUESTED TRANSACTION THROUGH THE SERVICE MAY BE UNSUCCESSFUL.
Limitation of Liability. IN NO EVENT WILL HEDUA BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HEDUA HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS EXPRESSLY PROVIDED IN THE FOLLOWING PARAGRAPH, YOU AGREE THAT THE AGGREGATE LIABILITY OF HEDUA TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (1) THE AMOUNT YOU HAVE PAID TO HEDUA FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM; OR (2) $100.
FOR ALL CLAIMS ARISING OUT OF OR RELATING TO TRANSFERS OF FUNDS FROM YOUR HEDUA PAYOUT BALANCE, THE SOLE REMEDY AGAINST HEDUA SHALL BE LIMITED TO THE AMOUNT OF THE MONEY TO BE TRANSMITTED PLUS FEES AND CHARGES. IN NO EVENT SHALL HEDUA BE LIABLE FOR DAMAGES FOR DELAY, NON DELIVERY, NONPAYMENT, OR UNDERPAYMENT OF A PAYMENT TRANSACTION, WHETHER CAUSED BY AN ACT OR OMISSION OF HEDUA OR OTHERWISE, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW OR REGULATION.
HEDUA SHALL HAVE NO LIABILITY FOR SUSPENDING OR TERMINATING YOUR ACCOUNT, RESTRICTING ACCESS TO YOUR ACCOUNT OR BALANCES IN YOUR ACCOUNT, OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICE.
HEDUA SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT PURCHASES OR SALES, THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF PAYMENT TRANSACTIONS, OR THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Force Majeure. HEDUA shall have no liability for failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action or acts of terrorism; acts of nature including earthquakes, fire, flood, or other acts of God; labor conditions; power failures and/or internet disturbances.
- These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and HEDUA.
- The Terms, including the Policies and other documents incorporated by reference herein, supersede any other agreement between you and HEDUA regarding the Service.
- If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
- Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
- The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
- You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without consent.
International Use. Although this Website may be accessible worldwide, we make no representation that materials on this Website are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including, but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Website is void where prohibited.
Entire Agreement. These Terms constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Website is in conflict or inconsistent with these Terms, these Terms shall take precedence.
If HEDUA determines that there is a need to notify or contact a User, it will do so by sending an e-mail or letter to the e-mail address or mailing address provided by the User. Alternatively, the notice may be displayed on the website, or by other reasonable means. HEDUA shall not be liable for any damages incurred due to the fact that HEDUA’s notice or communication was not received or was delayed.
You may contact HEDUA through the Contact forms on the website. You may print or PDF our policies If you are a California resident, you may also have these Terms sent to you electronically by e-mailing us a request for these Terms.
You hereby agree to comply with any and all applicable tax laws and regulations in connection with your use of the Service, including reporting and payment of any taxes arising from a payment transaction or income received through sales made through the Service.
Governing Law and Jurisdiction
- These Terms shall be governed and construed under the laws of Tennessee. Any dispute that arises between you and HEDUA that may not be subject to arbitration shall be submitted to the exclusive jurisdiction of the state and federal courts in Nashville, Tennessee.
Legal Disputes and Use of Arbitration
You and HEDUA each agree that any and all disputes or claims that have arisen or may arise between you and HEDUA relating in any way to or arising out of this or previous versions of these Terms; your use of or access to the Service, any goods sold, offered, or purchased through the Service; or any payments processed for goods sold, offered or purchased through the Service, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, with the American Arbitration Association. You and HEDUA agree that the Federal Arbitration Act governs the interpretation and enforcement of this Article.
Updated June 9, 2019