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 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.