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TERMS OF SERVICE The following Terms of Service
Agreement ("Agreement") constitutes a binding legal contract. Please carefully read these
terms as they affect your legal rights.
You ("User") are invited to consult with counsel prior
to accepting the terms of this Agreement.
Before you use the services provided by Hardy Learning
Center/Hardy Brain Training (hereinafter "Hardy" or "Company")
(www.HardyBrainTraining.com and its
related websites) you must read and accept all of the terms
and conditions in, and linked to, this User Agreement. By using the services on the Hardy Learning
Center/Hardy Brain Training ("Hardy") (www.HardyBrainTraining.com ("Website") and its related websites), you are agreeing
to the following terms, including those available by hyperlink,
(the "Agreement" or "User Agreement" or "Terms of Use" or "TOS")
with Hardy and the general principles for the Websites. By entering and using the Websites,
you agree to abide by the following terms
and conditions: (1) AMENDMENTS: Website and Company retain the right to amend the terms of this Agreement
without prior consent of or notice to the User. Additionally, when using particular Hardy owned or operated
services, you are subject to any posted guidelines or rules
applicable to such services, which may be posted from time to
time (2) ELIGIBILITY: Our service is available only to persons who can form a legal binding
contract. Website is not available for use by minors (under
18) without parental consent. By
entering the Website and entering this agreement, you certify
that you are of legal age and not restricted to using the Website
by any United States or International law, or otherwise by any
other law, agreement, or regulation. You also agree to:
(a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form
(the "Registration Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or Hardy has reasonable grounds to
suspect that such information is untrue, inaccurate, not current
or incomplete, Hardy has the right to suspend or terminate your
account and refuse any and all current or future use of the
Service (or any portion thereof). Hardy is concerned about the
safety and privacy of all its users. (3) NO SUBSTITUTE FOR MEDICAL
TREATMENT: By using Company and Website's
services, User agrees that these services and the information
contained herein is being provided for information purposes
only. The Company and Website's
services are not and should not be used as a substitute for
the services of a medical/psychological professional.
Company/Website do not make any diagnoses.
Website/Company only provide information, which may be
used as a supplement to the treatment of a medical/psychological
professional. Website/Company assume
no liability for the failure of Users to obtain/follow the advice
of medical/psychological professionals.
Information provided herein should only be used in consultation
with medical/psychological treatment by a professional.
(4) MEMBER ACCOUNT, PASSWORD
AND SECURITY: You will receive a password
and account designation upon completing the registration process.
You are responsible for maintaining the confidentiality of the
password and account and are fully responsible for all activities
that occur under your password or account. You agree to (a)
immediately notify Hardy of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session. Hardy
is not responsible for any breaches of security of damages resulting
from the User’s failure to protect account and password
information. By signing up for Hardy
service and providing us with your information, you certify
that all information is completely accurate to the best of your
knowledge. You certify that your
name, e-mail address, address, and any further such information
is accurate. You further certify that you are signing up for Hardy
for legitimate purposes and not to commit fraud.
If Hardy discovers any fraud being perpetuated through
our system, we reserve the right to refer cases to the United
States Department of Justice and other governing authorities.
(5) NO RESALE OF SERVICES
PERMITTED: You agree not to reproduce,
duplicate, copy, sell, trade, resell or exploit for any commercial
purposes, any portion of the Service (including your Hardy ID),
use of the Service, or access to the Service. (6) HARDY IS NOT RESPONSIBLE
FOR THE CONTENT ON THE WEBSITE: Under
no circumstances will Hardy be liable in any way 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, emailed, transmitted or otherwise
made available via the Service. Furthermore, you agree
to not use the Service to: (a) infringe the intellectual property of any person or entity, including
but not limited to Hardy or to reverse-engineer Hardy or its
related technologies; (b) copy, publish, or distribute the content of the Website in any manner; (c) upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable; (d) harm minors in any way; (e) impersonate any person or entity, including, but not limited to,
a Hardy official, forum leader, guide or host, or falsely state
or otherwise misrepresent your affiliation with a person or
entity; (f) forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted through
the Service; (g) upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law
or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure
agreements); (h) upload, post, email, transmit, fax, mail or otherwise make available
any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party; (i) upload, post, email, fax, mail transmit or otherwise
make available any material that contains software viruses 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; (j) interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to
the Service; (k) intentionally or unintentionally violate any applicable
local, state, national or international law, including, but
not limited to, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ,
and any regulations having the force of law; (l) provide material support or resources (or to conceal
or disguise the nature, location, source, or ownership of material
support or resources) to any organization(s) designated by the
United States government as a foreign terrorist organization
pursuant to section 219 of the Immigration and Nationality Act;
(m) "stalk" or otherwise harass another; and/or (n) collect or store personal data about other users in connection with
the prohibited conduct and activities set forth in paragraphs
a through k above. You acknowledge, consent
and agree that Hardy may access, preserve and disclose your
account information and Content if required to do so by law
or in a good faith belief that such access preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b)
enforce the TOS; (c) respond to claims that any Content violates
the rights of third parties; (d) respond to your requests for
customer service; or (e) protect the rights, property or personal
safety of Hardy, its users and the public. (7) ELECTRONIC SIGNATURE: You acknowledge and understand that electronic signatures are legally binding in the United States and other countries. You are, therefore, bound by any electronic signatures submitted to the Company and bound by the terms of this Agreement, once Accepted. (8) WEBSITE’S RESERVATION
OF RIGHTS: Website reserves the right
to suspend, discontinue or terminate any user's membership or
listing at any time and may be implemented immediately without
notice. Some examples include but are not limited to breach
of this contract, member misconduct, if we cannot verify or
authenticate any or some of the information you provide us,
or any other reason that Website assumes. (9) FEES AND CREDITS: Fees are subject to change without notice. However, Website will notify
existing users in advance of any fee changes that would affect
their current listings. Credits are considered and issued on
an individual basis, depending on circumstances. Website reserves
the right to place third party advertisements on any page within
our site. (10) INTELLECTUAL PROPERTY:
COPYRIGHTS AND PATENTS: All contents
included within this site such as text, graphics, logos, design
and images is the property of Hardy and is protected by (11) USERS ASSUME ALL RISKS:
By using Website's site and services, you release Website and
Company from any and all damages that may result from anything
and everything. Website is only a service being provided. By
using Website's site and services, you release Website from
any and all damages that may result from anything and everything.
By using this site, you understand the risks involved with online
document verification such as foreign nationals, minors and
false identities, non-performance by either party to the transaction
and other problems, which can arise. User
accepts any and all risks, foreseeable or non-foreseeable, arising
from such transactions. Further, you acknowledge that documents posted to Hardy’s
system may be altered or corrupted without notice. User accepts the sole responsibility for these risks.
Regardless of the previous
paragraph, if we are found to be liable, our liability to you
or to any third party is limited to the greater of (a) the total
fees you paid to us in the 12 months prior to the action giving
rise to the liability, and (b) $100. All
claims against Hardy must be lodged with the court or entity
having jurisdiction within 100-day of the date of the first
claim. (12) CONTRIBUTIONS TO HARDY:
By submitting ideas, suggestions, documents, and/or proposals
("Contributions") to Hardy through its suggestion or feedback
web-pages, you acknowledge and agree that: (a) your Contributions
may or may not contain confidential or proprietary information;
(b) Hardy is not under any obligation of confidentiality, express
or implied, with respect to the Contributions; (c) Hardy may
or may not use or such Contributions for any purpose, in any
way, in any media worldwide; (d) Hardy may have something similar
to the Contributions already under consideration or in development;
(e) your Contributions automatically become the property of
Hardy without any obligation of Hardy to you; and (f) you are
not entitled to any compensation or reimbursement of any kind
from Hardy under any circumstances. (13) SYSTEM: Website will not be held responsible for any information loss or damages
resulting from system failure due from any external or internal
devices, acts of nature, or acts of God. User may not use any
device that interferes with the proper working of Website. User
agrees not to disclose password to a third party and understands
that any and all actions taken under your password are your
responsibility. (14) LIMITATION OF LIABILITY:
User agrees that Website will not be held liable for any damages
of any kind resulting or arising from including but not limited
to; direct, indirect, incidental, special, negligent, consequential,
or exemplary damages happening from the use or misuse of the
Website service. You agree that use of this service is at user's
own risk. This service is provided as an "as is" and an "as
available" basis. Website makes no guarantees or warranties
on products, services, sale or trade situations whether express
or implied. Website and its suppliers disclaim the implied warranties
of titles, merchantability, and fitness for a particular purpose.
Website makes no guarantee or warranty that its service will
meet user requirements, be error free, secure, uninterrupted,
or timely. (15) INDEMNIFICATION: You agree to INDEMNIFY, DEFEND AND HOLD HARMLESS Website from and
against any and all claims, loss, damage, liability, action
or cause of action (including reasonable attorney's fees) brought
against Website by a third party and arising from or related
to your use of Website's site or your membership or your breach
of this Agreement as a user. Website
shall select the counsel of its choice and User shall be responsible
for any and all fees associated with defending Website in litigation
(including pre-litigation fees and costs).
In the event that Hardy’s
personnel are required to testify in any action or proceeding
or attend any deposition meeting or hearing associated with
a legal proceeding or similar such proceeding, whether Hardy
is or is not a named party to the action or proceeding, Hardy
shall be compensated by User for any time and expenses associated
with its attendance. Company principals shall be billed at a rate of $500 per
hour and technical staff or custodian of records shall be produced
at a hourly rate of $200 per hour. All
travel, lodging, and related expenses shall be borne by the
User. If you have a dispute
with one or more users, you release us (and our officers, directors,
agents, subsidiaries, joint ventures and employees) 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." (16) DISCLAIMER OF GUARANTEE. Website makes no representations
or guarantees verbally or in writing regarding performance of
this Agreement other than those specifically enumerated herein.
Users acknowledge that certain software used by internet
users may not be capable of supporting certain features or functionalities
which may be included in the services provided by Website.
Website shall have no liability whatsoever for any claim
relating to any internet users’ inability to access the
services properly or completely or for any claim related to
any errors or omissions in the services.
The services provided
herein are provided “as is” and without any warranty
of any kind, express or implied, including but not limited to,
warranties of performance, merchantability, fitness for a particular
purpose, accuracy, omissions, completeness, currentness, and
delays. Website does not warrant that any services provided hereunder
shall be error free or uninterrupted. Website
shall not be responsible for the failure of any third-party
to not deliver services in a timely or error free manner. Any material downloaded
or otherwise obtained through the use of the service is accessed
at your own discretion and risk, 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.
A small percentage
of users may experience epileptic seizures when exposed to certain
light patterns or backgrounds on a computer screen or while
using the service. Certain conditions may induce previously
undetected epileptic symptoms even in users who have no history
of prior seizures or epilepsy. If you, or anyone in your family,
have an epileptic condition, consult your physician prior to
using the service. Immediately discontinue use of the service
and consult your physician if you experience any of the following
symptoms while using the service: dizziness, altered vision,
eye or muscle twitches, loss of awareness, disorientation, any
involuntary movement, or convulsions. Users must individually
verify that each document has been processed correctly. Hardy, at its sole discretion, may or may not add time
stamps, bar codes, logos, and digital signatures to the Uploads
within the unused portions of the pages such as the left or
bottom margins. Hardy may or may
not scale Uploads in order to make room within the pages contained
within the Uploads. Hardy is not responsible for documents that may become
corrupt during processing. Hardy reserves the
right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that Hardy shall not be liable
to you or to any third party for any modification, suspension
or discontinuance of the Service. (17) PAYMENTS AND CHARGE-BACKS: Payments
are due immediately to Hardy upon the completion of uploads
such as documents, files, media, photos, images, etc. (“Uploads”)
to the Hardy system A chargeback is a payment dispute initiated
by the cardholder with their credit card issuing bank.
By using the Hardy system you agree to make payments
promptly. In the event, a chargeback
occurs, you understand that Hardy reserves the right to disable
and/or delete the member’s user account.
You also understand that if a chargeback does occur,
Hardy reserves the right to charge a fee in order to reinstate
your account and all documents associated with your account.
Reinstatement fees may vary, and may change without notice.
User is responsible for any collection fees associated
therewith. (18) TERMINATION: Hardy retains the right to terminate and or amend this Agreement at
any time with or without the consent or notice to the User. You agree that Hardy may, under certain circumstances
and without prior notice, immediately terminate your Hardy account,
any associated email address, and access to the Service. Cause
for such termination shall include, but not be limited to, (a)
breaches or violations of this Agreement or other incorporated
agreements or guidelines, (b) requests by law enforcement or
other government agencies, (c) a request by you (self-initiated
account deletions), (d) discontinuance or material modification
to the Service (or any part thereof), (e) unexpected technical
or security issues or problems, (f) extended periods of inactivity,
(g) engagement by you in fraudulent or illegal activities, and/or
(h) nonpayment of any fees owed by you in connection with the
Services. Termination of your Hardy account includes (a) removal
of access to all offerings within the Service, including but
not limited to Hardy Mail, Groups, Messenger, Chat, Domains,
Personals, Auctions, Message Boards, and Alerts, (b) deletion
of your password and all related information, files and content
associated with or inside your account (or any part thereof),
and (c) barring of further use of the Service. Further, you
agree that all terminations for cause shall be made in Hardy's
sole discretion and that Hardy shall not be liable to you or
any third party for any termination of your account, any associated
email address, or access to the Service. (19) CONTROLLING AGREEMENT: In the event of any conflict between the provisions contained in any
contract or sales order form used by Website, the terms of this
Agreement shall be binding. (20) CHOICE OF LAW/VENUE: This agreement shall be governed by and construed in accordance with
the laws of the State of (21) LIMITATION OF LIABILITY: Website, its affiliates and its agents entire liability hereunder,
if any, for any claim for damages related to this Agreement,
which are made against them, whether based in contract or tort
(including negligence), shall be limited to the amount of charges
paid by User. In no event will Website,
its affiliates or its agents be liable for any lost profits
or any consequential, exemplary, incidental, indirect, or special
damages, arising from or in any way related to this Agreement
or relating in whole or in part to Website’s rights hereunder
or the use of or inability to use the website, even if advised
of the possibility of such damages. NO
THIRD-PARTY BENEFICIARIES: You agree that, except as otherwise
expressly provided in this Agreement, there shall be no third-party
beneficiaries to this agreement. (22) FORCE MAJEURE: Website shall not be responsible for any delays, errors, failures to
perform, interruptions, or disruptions in the services related
to this Agreement from any act, omission or condition beyond
Website’s reasonable control, whether or not foreseeable
or identified, including without limitation acts of God, strikes,
lockouts, riots, acts of war, governmental regulations, fire,
power failure, earthquakes, severe weather, floods, or other
natural disaster or Website or any third-party’s hardware,
software, or equipment malfunctions. (23) ENTIRE AGREEMENT: This Agreement constitutes the entire and only agreement between the
parties pertaining to the subject matter hereof and supersedes
all prior and contemporaneous agreements, negotiations and understandings,
oral or written. (24) SURVIVABILITY: The ownership, non-circumvention, proprietary rights, and confidentiality
provisions, and any provisions relating to payment of sums owed
set forth in this Agreement, and any other provisions that by
their sense and context the parties intend to have survive,
shall survive the termination of this Agreement for any reason.
If any terms of this agreement are construed as non-binding
for any reason, the remainder of the Agreement shall remain
in full force and effect. (25) OTHER TERMS: Upon execution of THIS AGREEMENT by entering the website and accessing
the Website’s services, the USER agrees that any individual,
firm company, associates, corporations, joint ventures, partnerships,
divisions, subsidiaries, employees, agents, heirs, assigns,
designees or consultants of which the signee is an agent, officer,
heir, successor, assign or designee is bound by the terms of
this Agreement. User further acknowledges
that it has the authority to enter into this Agreement.
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Sherrie Hardy |
