TERMS AND CONDITIONS

THESE TERMS CONTAIN AN ARBITRATION CLAUSE, DISCLAIMERS, AND LIMITATIONS OF LIABILITY.  PLEASE REVIEW CAREFULLY.

The following Terms of Use constitute an agreement between BTDT Homeschool and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the websites administered by BTDT Homeschool located at https://www.btdthomeschool.com/. 

Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. BTDT Homeschool reserves the right to modify, alter, amend, or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website. Your continued use of any part of the Website constitutes your acceptance of such changes to the Terms of Use. You should review the Terms of Use periodically to determine if any changes have been made.

GENERAL DISCLAIMER

BTDT Homeschool has made every effort to ensure that all information on the Website has been tested for accuracy. BTDT Homeschool makes no guarantees regarding the results that you will see from using the information provided on the Website. Opinions, advice, statements, or other comments should not necessarily be relied upon and are not to be construed as professional advice from BTDT Homeschool.

BTDT Homeschool disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website, including our downloads or resources. BTDT Homeschool assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.

Local resource listings are for informational purposes only and do not imply endorsement. Always use due diligence when choosing resources, and please verify location and time with the organizer if applicable. Blog posts, user-submitted comments and reviews represent the views of the contributor and do not necessarily reflect the views of other contributors or BTDT Homeschool.

PARENTING INFORMATION DISCLAIMER

All information on the Website is for informational purposes only and is not a replacement for medical or mental health advice from a physician or your pediatrician. The information on the Websites does not replace the relationship between physician/therapist and client in a one-on-one treatment session with an individualized treatment plan based on their professional evaluation.  The information provided on the Website is provided “as is” without any representations or warranties, express or implied.

Do not rely on the information on the Website as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided on the Website.  All medical information on the Website is for informational purposes only.

YOUR RESPONSIBILITY

The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. BTDT Homeschool makes no representations, warranties, or guarantees. You understand that results may vary from person to person. BTDT Homeschool assumes no responsibility for errors or omissions that may appear in the Website.

USE OF THE WEBSITE

Unless otherwise stated, BTDT Homeschool owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are examples of those that are not permitted:

  • Republication of content from the Website, unless content is specifically and expressly made available for republication;

  • Sale, rental, or sub-license of any content from the Website;

  • Reproduction or duplication of any content on the Website for commercial purposes or any other purpose not expressly permitted;

  • Modification of any content on the Website, unless content is specifically and expressly made available for modification;

  • Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share links to the Website with a very short quote or summary on social media channels.

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of BTDT Homeschool’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to BTDT Homeschool.

You must not use the Website in a way that causes, or may cause, damage to the Website or impairs the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction, or data harvesting on or in relation to the Website without BTDT Homeschool’s express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications.

You must not use the Website for any third-party marketing without BTDT Homeschool’s express written permission.

LICENSE FOR USE OF PRODUCTS

All information products, such as workbooks or templates, available for download on the Website (“Products”) were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission.  You may not create any derivative works of the Products.  When you download any of the Products, you agree that you will not use any information you gain from the Products to create any product or service, whether offered for commercial or personal use, without express written consent of the BTDT Homeschool.  All inquiries for use of BTDT Homeschool intellectual property must be submitted to help@makelleyandBTDT Homeschoolinc.com.  BTDT Homeschool reserves the right to seek equitable and compensatory relief for any violation of this term.

INTELLECTUAL PROPERTY

All original materials provided by BTDT Homeschool are owned by BTDT Homeschool. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of BTDT Homeschool’s intellectual property. All intellectual property remains the property of BTDT Homeschool. No license to sell, distribute, reproduce, prepare a derivative work, display, or perform is granted or implied. BTDT Homeschool will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

Certain of the names, logos, and other materials displayed on the Website constitute BTDT Homeschool’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets, and copyrights (“BTDT Homeschool IP”).  You are not authorized to use any BTDT Homeschool IP without BTDT Homeschool’s express consent. Ownership of BTDT Homeschool IP remains with BTDT Homeschool and You agree not to make any claims or assertions of any other party’s ownership of BTDT Homeschool IP.

“The Homeschool Mom” and “TheHomeSchoolMom” are trademarks of BTDT Homeschool and are protected by United States trademark law. BTDT Homeschool’s trademarks and trade dress may not be used in connection with any product or service that is not BTDT Homeschool’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits BTDT Homeschool.

EQUITABLE RELIEF

You acknowledge and agree that in the event of certain breaches of the Terms of Use, BTDT Homeschool may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that BTDT Homeschool shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.

COPYRIGHT

Unless otherwise noted, the design, content, and all components of the Website are copyrights owned by BTDT Homeschool or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

TRADEMARKS

BTDT Homeschool’s trademarks and trade dress may not be used in connection with any product or service that is not BTDT Homeschool’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits M.A. Kelley And BTDT Homeschool, Inc., https://www.thehomeschoolmom.com/, or the contributors featured on the Website.

From time to time, the Website will legally utilize trademarks owned by third parties related to BTDT Homeschool’s services. These trademarks are the respective property of their owners.

FTC DISCLOSURE

From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with BTDT Homeschool to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, all such advertisements on the Website are clearly and conspicuously disclosed.

Even though compensation (cash, free product, services) is received in exchange for this sponsored content placement, BTDT Homeschool gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party in question.

AFFILIATE MARKETING

From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

GRANT OF RIGHTS

You hereby irrevocably assign to BTDT Homeschool the copyrights and any and all rights to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material, reviews and audio-visual material. By posting content to the Website, you represent that you have the right to grant these permissions for use of such content by Website, BTDT Homeschool, and BTDT Homeschool’s sublicensees and assignees.

CONTENT CONTRIBUTED TO THE WEBSITE

Any content you contribute to the Website, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or BTDT Homeschool or a third party.

BTDT Homeschool reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on BTDT Homeschool’s servers; or, (iii) hosted or published on the Website. BTDT Homeschool takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding BTDT Homeschool’s rights under the Terms of Use, BTDT Homeschool does not undertake to monitor the submission of all content to, or the publication of such content on, the Website and is not responsible for such content.

COMMENT POLICY

The Website offers the option for you to leave comments and reviews engaging with the Website’s posts. The following types of comments will not be tolerated and will be deleted:

  • harassment directed toward any content creator or BTDT Homeschool;

  • spam;

  • hate speech;

  • defamatory to BTDT Homeschool or any third party;

  • reference illegal acts; or,

  • violate the legal rights of a third party.

BTDT Homeschool’s sole discretion will be used to determine if a comment or review is in violation of this comment policy. Any comments or reviews in violation will be promptly deleted and no further explanation will be due to you if your comment or review was determined to be in violation with this policy.

TAKEDOWN REQUESTS

From time to time, the Website will publish posts with images and/or text from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please contact us and we will remove the images and/or text within a reasonable period of time.

COMMUNICATION

If you send BTDT Homeschool an email, register to use the Website, or provide your email to BTDT Homeschool in any other way, you consent to receive communications from BTDT Homeschool electronically. You agree that all legal notices provided via electronic means from BTDT Homeschool satisfy any requirement for written notice.  

CHILDREN’S INFORMATION

The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately and we will use our best efforts to promptly remove such information from our records.

THIRD PARTIES

The Website may contain links to third-party websites that are not governed or controlled by BTDT Homeschool. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. BTDT Homeschool assumes no control or liability over the content of any third-party sites. You expressly hold harmless BTDT Homeschool from any and all liability related to your use of a third-party website.

Prior to engaging in any meetings, events, or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. You understand that BTDT Homeschool does not perform psychological testing or background checks on the individuals who may use the Website or BTDT Homeschool’s services. You understand and agree that you are solely responsible for your actions and decisions to meet other individuals whom you meet online by virtue of the Website or services provided on the Website. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold BTDT Homeschool harmless from any and all liability in any dispute.

NO WARRANTIES

The Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. BTDT Homeschool makes no representations or warranties in relation to the Website, or the information and materials provided therein.

BTDT Homeschool makes no warranty the Website will: meet your requirements; be available uninterrupted; or be error free, timely, and free of viruses or bugs.  BTDT Homeschool does not warrant that the you will be able to access the full functionality of the Website or that the Website will be accurate or reliable. BTDT Homeschool is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.

LIMITATION OF LIABILITY

TO THE EXTENT ALLOWABLE BY LAW, BTDT Homeschool AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES, AND WEB HOSTING SERVICES WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THIS WEBSITE OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

INDEMNITY

You agree to defend, indemnify and hold BTDT Homeschool, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which BTDT Homeschool suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the State of Texas without reference to its conflict of law provisions. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in Dallas County, Texas. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.  This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to the Terms of Use. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision.

THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.

The Terms of Use may not be assigned by you without BTDT Homeschool’s prior written consent, however, the Terms of Use may be assigned by BTDT Homeschool in its sole discretion.

The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by BTDT Homeschool.

The failure of BTDT Homeschool to exercise or enforce any right or provision hereunder shall not operate as a waiver of such right or provision. Any waiver of the Terms of Use by BTDT Homeschool must be in writing and signed by an authorized representative of the BTDT Homeschool.

All notices with respect to the Terms of Use must be in writing and may be via email to info@btdthomeschool.com 

Last updated: October 26, 2022

 

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