Terms & Conditions
HomeLearners Network Terms and Conditions
Last Updated October 29th 2021
SECTION 1 - Overview
1.1 HomeLearners Network (“HLN”, “we,” “us,” “our”) is a program of SelfDesign Learning Foundation (“SelfDesign”) which is a non-profit organization in British Columbia, Canada. HLN does not offer tutoring, school subjects/courses nor courses for credits. Our interdisciplinary offerings are supplementary learning activities that are fun, engaging and focus on interest-based learning.
1.2 These Terms and Conditions create an agreement (the “Agreement” or “Terms”) between you, HLN and SelfDesign regarding your access to and use of the software platform and interactive features available through our at homelearnersnetwork.ca/.com (the “Site”) and associated software that you are registering to use via the Internet. All Parents, on their own behalf and in the name of a Participant (as defined below) they are enrolling into the HLN Services, must agree to this Agreement before using the HLN Services. If you do not agree to this Agreement, please click “Cancel” or “Back” and do not use the HLN Services.
1.3 Three types of offerings are available for Participants through the Site:
- Realtime, At-Home Activities (AHAs) comprised of synchronous online activities
- Anytime, At-Home Activities (AHAs) comprised of asynchronous activity packages
- Online Camps, which are synchronous online camps
(Collectively the “HLN Services”)
1.4 Please read these Terms along with the HomeLearners Network Website Privacy Policy fully and carefully, as they set forth the legally binding terms and conditions for your use of HLN Services.
1.5 We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes with the date the terms were last revised. Your continued use of HLN Services after the date any such changes become effective constitutes your acceptance of the new Terms.
1.6 The information and material on this Site, and the Site, may be changed, withdrawn, or terminated at any time in our sole discretion without notice.
1.7 We will not be liable if, for any reason, all or any part of the Site is restricted to users or unavailable at any time or for any period.
SECTION 2 - Key Terms
2.1 Participant - a learner who is using the HLN Services and that is between the schooling grade levels of Kindergarten through Twelfth Grade.
2.2 Parent - a parent or legal guardian of a Participant who is at least 18 years old who completes HLN’s account registration process for the purpose of enrolling a Participant to the HLN Services through the Site.
2.3 HLN Guide - a person who creates, plans, and hosts Realtime, At-Home Activities or creates Anytime, At-Home Activities for Participants through the Site.
2.4 Realtime, At-Home Activities - synchronous online activities.
2.5 Anytime, At-Home Activities - asynchronous activity packages.
2.6 Online Camps - synchronous online camps based on specific themes and skills.
SECTION 3 - Your Use of the Site
3.1 The security of your personal information is very important to us; however, the safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Site. Users are required to ensure that all persons who access the Site through a user's internet connection are aware of these Terms and comply with them. The Site, including content or areas of the Site, may require user registration. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.
3.2 Unfortunately, the transmission of information via the Internet is not completely secure and we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
3.3 Your provision of registration information and any submissions you make to the Site through any functionality such as applications, e-mail, instant messaging or setting up an account constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at https://homelearnersnetwork.ca/pages/privacy-policy (our "Privacy Policy").
3.4 You are prohibited from attempting to circumvent and from violating the security of this Site, including, without limitation:
- accessing content and data that is not intended for you.
- attempting to breach or breaching the security and/or authentication measures which are not authorized.
- restricting, disrupting or disabling service to users, hosts, servers, or networks;
- illicitly reproducing TCP/IP packet header.
- disrupting network services and otherwise disrupting Site owner's ability to monitor the Site.
- using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- attacking the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing.
- otherwise attempting to interfere with the proper working of the Site.
SECTION 4 - Conditions of Use
4.1 As a condition of your access and use, you agree that you may use the Site only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you warrant and agree that your use of the Site shall not:
- in any manner breach or violate any applicable federal, provincial, local, or international law or regulation, or these Terms and our Privacy Policy
- in any manner violate the terms of any third-party website that is linked to the Site, including but not limited to, any third-party social media website.
- involve the impersonation or attempted impersonation of HLN, a HLN employee, another Site user, or any other person or entity.
- transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
- encourage any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm HLN or users of the Site or expose them to liability.
- promote any illegal activity, or advocate, promote, or assist any unlawful act.
SECTION 5 - Eligibility
5.1 Only Parents may conduct any transactions or enrollment activities through the Site on behalf of themselves or Participants. If Parents are purchasing on behalf of a Participant under 13 years of age, then they must attest that they are the Participant's parent or legal guardian.
5.2 We may, at our sole discretion, refuse to offer any HLN Services to any person and change eligibility criteria at any time.
SECTION 6 - No Reliance
6.1 The content on our Site is provided for training, education, and general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.
6.2 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date. Your use of the Site is at your own risk and neither HLN nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Site.
6.3 This Site may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by HLN, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of HLN. Neither HLN nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
SECTION 7 - Account, Password and Security
7.1 Participants are responsible for maintaining the confidentiality of their password/account and are fully responsible for all activities that occur under their password or account. Participants shall immediately notify HLN of any unauthorized use of their password/account or any other breach of security.
7.2 Participants shall ensure that they log out from their account at the end of each activity.
SECTION 8 - Social Media
8.1 HLN and HLN contractors will not share images, video or voice recordings, personal details/data about Participants on social media without written consent from that Participant’s Parent, as well as written consent from the Participant if they are 13 years of age or older.
SECTION 9 - HLN Guides
9.1 HLN shall exercise its best efforts to ensure that all HLN Guides
- are vetted using rigorous interviewing.
- undergo a criminal record check that is kept on file.
- take the SelfDesign Learning Foundation’s online privacy and security fundamentals courses.
- go through HLN Guide training.
- maintain a good command of written and spoken English.
- possess technical know-how to effectively run online activities.
- hold a valid B.C. Teachers Certification or are specialists in their field and meet our quality standards. HLN will namely consider and evaluate their years of experience, their certification or degree in their specific and the personal and professional references provided.
9.2 HLN is committed to creating a safe and welcoming environment for all Participants. HLN takes rigorous steps to ensure high-quality HLN Guides are chosen to create and host the activities forming part of the HLN Services. To submit a complaint about an HLN Guide due to the quality of their teaching or behaviour, or due to the quality of the content provided as part of a given activity, please contact support@homelearnersnetwork.ca.
SECTION 10 - Intellectual Property Rights and Ownership
10.1 You understand and agree that the Site and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by HLN, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
10.2 HLN’s name, the HOMELEARNERS NETWORK™ trademark and logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of HLN or its affiliates or licensors. You must not use such marks without the prior written permission of HLN. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Site are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
10.3 You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material made available to you on our Site (including all course content) in any form or medium whatsoever except:
- your computer and browser may temporarily store or cache copies of materials being accessed and viewed.
- a reasonable number of copies may be printed or downloaded, keeping any proprietary notices thereon, which may only be used for non-commercial, archival and lawful use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.
- in the event social media platforms are linked to certain content on our Site, you may take such actions as our Site and such third-party social media platforms permit.
10.4 Users are not permitted to modify copies of any materials from this Site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
10.5 All course content forming part of the HLN Services is owned by SelfDesign. Any such course content shall not be copied or used on other websites or platforms, marketed with other companies or used in other schools/classrooms without written prior permission from SelfDesign.
10.6 All course content provided by HLN or SelfDesign to the HLN Guides shall be original and to the knowledge of HLN and SelfDesign, not infringe or otherwise violate the proprietary rights of third parties. If additional resources or content is used, HLN will appropriately cite the source, providing original links/references.
10.7 The HLN Services available through the Site may contain embedded third-party videos, websites, books, and other content with Participants. To the extent, such content is within our control, HLN and SelfDesign shall use their best efforts to provide content that is:
- Secular.
- Objective, accurate and does not promote specific beliefs, politics or other views.
- Age-appropriate.
- Accessible to all learners and supportive of diverse needs.
10.8 Class Content Complaints
- Should a Parent or Participant feel content presented during an HLN Service is not appropriate or is not inclusive, a complaint may be filed by sending communication to support@homelearnersnetwork.ca. The email must include the name of the activity and documentation/evidence of the alleged issue.
10.9 Copyright Content Complaints
- HLN respects the intellectual property of others and requires our Participant or Parents to do the same. If you believe that work has been copied in a way that constitutes copyright infringement, or that intellectual property rights have been otherwise violated, please notify HLN of your infringement claim in accordance with the procedure set forth below. HLN will process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws with respect to any alleged or actual infringement.
10.10 PROCEDURE: Infringement Claim
- A notification of claimed copyright infringement shall be emailed to support@homelearnersnetwork.ca and must include the following:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
- a description of the copyrighted work or other intellectual property that you claim has been infringed.
- a description of where the material in question is located on the Service, with enough detail that we may find it on the Service.
- your address, telephone number, and email address.
- a statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- HLN will investigate the complaint in accordance with applicable intellectual property laws and respond within 10-12 business days.
SECTION 11 - Membership, Purchases, Billing and Cancellation
11.1 MEMBERSHIP
HomeLearners Network Services are available through the following membership plans (“Memberships”), the prices of which shall be made available to Parents prior to registration:
Monthly Membership
- Includes two Realtime activities per month + a cost per additional activity.
- Monthly memberships are automatically billed every 30-days.
- Monthly memberships may be cancelled at any time but are not eligible for a refund.
- If the Parent cancels their subscription before the end of the billing cycle, they will not be charged for the following month.
- Monthly memberships include free access to Anytime, At-Home Activities and Parent webinars.
Yearly Membership
- Includes two Realtime activities per month + a cost per additional activity.
- Yearly memberships are automatically billed annually.
- Yearly memberships may be cancelled at any time but are not eligible for a refund.
- Parents will be charged for another yearly membership if they do not cancel before
- the end of the last day of their membership period.
- Includes free access to Anytime, At-Home Activities and Parent webinars.
- Includes a rebate on all Online Camps.
11.2 Price Changes
- All prices are subject to change without notice at our discretion and are not guaranteed, except that prices for an order that have been accepted by HLN are not subject to change after acceptance. Prices stated do not include any sales, use or excise tax or any other tax, duty or charge which is now in effect or may be hereafter imposed by any Federal, State or other authority. All such taxes, duties or other charges shall be paid by Parents unless a Parent shall provide HLN an exemption certificate acceptable to the appropriate authorities. Except as otherwise expressly provided for in these Terms, any price changes to your service will take effect following email notice to you.
- Activities do not roll over each month. If Participants do not use their activities for that billing cycle, the account does not accumulate them.
- One-Time Purchases are charged once per purchase and billing does not automatically recur.
- SelfDesign Learning Community learners may receive a discounted rate on the above services at SelfDesign’s discretion.
11.3 Billing Cycle
- The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month (or year for annual plans) thereafter unless and until you cancel your membership. HLN automatically bills your payment method each month (or year for annual plans) on the calendar day corresponding to the commencement of your paying membership (e.g., if a monthly membership begins on June 18th, it will be billed next on July 18th).
11.4 Payment and Prices
- For paid HLN Services, Parents must provide HLN with a valid credit card as the only accepted method of payment.
- Parents may edit the payment method information by visiting the Site and clicking on the “Account” link, available in the drop-down menu in the top-right-hand corner of the HLN platform. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. This may result in a change to your payment billing dates. For certain payment methods, the issuer of your payment method may charge you a foreign transaction fee or other charges. Check with your payment method service provider for details.
- Some HLN Services may be available as a one-time purchase, and others can be purchased as a monthly or yearly membership.
11.5 Cancellation of Memberships
- Parents are solely responsible for cancelling their Memberships.
- HLN does not acknowledge email, chat, or phone requests for cancellation in any manner. The only accepted cancellation method is for the Parent to login and cancel their account manually. On the “Account” page, click the cancel hyperlink, and on the following page confirm the cancellation by clicking the button on the bottom of the page.
- Parents may cancel their Membership at any time, and they will continue to have access to HLN Services through the end of their monthly (or annual for annual plans) billing period.
- If a Parent cancels their Membership, their account will automatically close at the end of their current billing period and all information regarding previous activities will be deleted, including all information, data, content, materials, documentation and all other such items associated with their account.
SECTION 12 - Account Credits and Refunds
12.1 Payments are nonrefundable and there are no refunds. Credits may be applied in certain circumstances described below:
- Once a Parent or Participant registers for a Realtime activity there is no ability to unregister or receive a refund for an activity.
- HLN does not provide refunds or credits for any partial-month Membership periods.
- If a Realtime activity needs to be cancelled, Participants will receive an account credit.
- If a Participant misses an activity, no refund shall be issued.
- If you have a complaint about an activity or would like to receive a credit on your account, please send an email to support@homelearnersnetwork.ca. This does not guarantee a credit and each complaint will be reviewed based on the terms and conditions outlined in these Terms.
SECTION 13 - Activity Cancellation
13.1 HLN may cancel any activity forming part of the HLN Services up to 48 hours before a Realtime activity is scheduled and will notify enrolled Participants. An account credit will be issued.
13.2 Classes with fewer than minimum enrollments, at HLN’s discretion, will be cancelled or rescheduled to a later date. For Realtime activities, there must be a minimum of four or more Participants enrolled. For Realtime camps, there must be nine or more Participants enrolled. If there are 3 or less Participants enrolled in a Realtime activity, the activity will be cancelled.
13.3 Illness or Unforeseen Circumstance
- If an HLN Guide is ill or experiences an unforeseen circumstance and cannot make the scheduled time, HLN will attempt to find a suitable replacement to host the activity. If a suitable replacement is not available, the activity will be canceled. HLN will issue a credit to the account of all registered Participants.
- If there is a technical issue being experienced by HLN that prevents the activity from proceeding (e.g., an outage), an account credit will be issued to all registered Participants.
- If a Participant cannot attend an activity due to an illness or unforeseen circumstance, customer support must be contacted 24 hours before the activity is scheduled or provide documentation such as a doctor’s note or letter from a Parent. An account credit will be issued.
SECTION 14 - Synchronous Participant Code of Conduct
14.1 All Parents and Participants, as applicable, must always abide by the below obligations (“Code of Conduct”) and restrictions, the repeated breach of which may lead to termination of their account and cancellation of their Membership, if applicable.
- Punctuality/Attendance:
- Participants should try to arrive least five minutes early to ensure technology is working and to prevent a delay in starting the activity on time.
- Participants will be admitted into the activity waiting room prior to the activity start time.
- If a Participant arrives after the time class is scheduled to begin, they may have to wait in the waiting room until there is an appropriate pause in the activity.- Participants who do not show up to activities will need to purchase a new activity time. See refunds section for more information.
- Disruptive Behavior:
- Participants must wear appropriate clothing during live, Realtime online activities. Clothing should have appropriate images and language on them. - Participants shall be respectful to all personnel that support the HLN Guides.
- Participants shall not use obscene, profane, threatening, discriminatory, harassing, or abusive language towards other participants or the HLN Guides.
- During Realtime online activities, Participants shall remain in a stationary location, be respectful to the HLN Guide and others in attendance during each class session and will refrain from disruptive behavior.
- Participants shall leave their microphone on mute when they are not speaking to prevent potential background noise from disrupting the class.
- During Realtime online activities, Participants will not use the chat box for conversations outside of the activity and stay on topic.
- During breaks, Participants shall mute their microphone and turn off their camera.
- Participants shall attentively participate in Realtime online activities.
- Participants shall not text message, engage in social media or make cell phone calls during activities.
- Participants shall not allow food, drink, or the presence of pets to become disruptive or distracting to the HLN Guide or others.
- If any of these conducts are not observed, the HLN Guide may ask the Participant to leave the activity.
- Illegal Activity/Health & Safety:
- Any illegal activity, including behavior that threatens the health or safety of the HLN Guide or other Participants before, during or after Realtime online activities will be cause for immediate expulsion from an activity, and the privilege to participate in HLN services may be permanently revoked. Such behavior may be cause for intervention by law enforcement and/or other legal action. This includes using technology while operating a motor vehicle. Participants may be excluded from the Realtime online activity if their condition prevents them from participating or is disruptive to the class environment.
- Confidentiality:
- Confidentiality is extremely important. Participants and Parents shall keep all names and other identifying information confidential when relating a story during class or asking for guidance regarding certain issues.
- Participants should use their first name while using the video conferencing tool.
- Participants may choose to keep their cameras off during Realtime online activities for privacy reasons after a brief camera check to allow the Guide to confirm participant identity.
- Non-Compliance:
- If the rules outlined within this Code of Conduct are not followed, a violation may be officially recorded with HLN.
- One officially recorded violation will be considered as a warning.
- Upon the second such violation, the Participant will be suspended from participation in all HLN Services for up to one month from the violation date.
- Upon the third such violation or the first incident of illegal activity (including threatening or intimidating behavior), the privilege to participate in HLN Services may be suspended for an extended period, or permanently revoked, at HLN’s discretion.
SECTION 15 - Participant Safety
15.1 Each HLN Guide is legally required to report any suspected case of child abuse or neglect they become aware of during their work with Participants to the applicable local authorities. Consistent with nationally recognized definitions and the Child, Family and Community Service Act (British Columbia), HLN considers “neglect” to be: “failure by a parent or caregiver to provide the physical or psychological necessities of life to a child.” HLN expects all Guides to comply with their individual reporting responsibilities.
SECTION 16 - Termination
16.1 HLN, at its sole discretion, may suspend or terminate any account (or any part thereof) and remove and discard any content or files within that account, for any reason, including prolonged inactivity.
16.2 HLN may also at its sole discretion, and at any time, discontinue providing the HLN Services, or any part thereof, with or without notice.
16.3 HLN will not be liable to you or any third party for any termination of your access to the Service. Upon expiration or earlier termination of this Agreement, all Participants and Parents shall immediately discontinue use of any materials enabling use of the HLN Services. No expiration or termination will affect Parent’s obligation to pay all fees that may have become due before such expiration or termination, or entitle Parent to any refund.
SECTION 17 - Disclaimer of Warranties
17.1 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT, AND ANY HLN SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT BY THE HLN SERVICES AND THE CONTENT THEREOF. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17.2 Neither HLN nor its subsidiaries or affiliates or their officers, directors, employees, agents and contractors make any warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the Site or its contents. Without limiting the foregoing, neither HLN nor its subsidiaries or affiliates or their officers, directors, employees, agents, and contractors represent or warrant that the sSite, its content, or any services or items found or attained through the Site, (including the HLN Services) will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Site or the server that makes it available are free of viruses or other harmful components.
17.3 WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
SECTION 18 - Limitation on Liability
18.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MAXIMUM TOTAL LIABILITY OF HLN AND ITS AFFILIATES AND SUBSIDIARIES AND ALL OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS TO YOU UNDER THESE TERMS, INCLUDING (WITHOUT LIMITATION) FOR ANY LIABILITY RELATING TO OR ARISING FROM YOUR USE OF THE SITE, IN ALL CIRCUMSTANCES SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO HLN IN RESPECT TO THE SERVICES THAT GAVE RISE TO THE LIABILITY. NOTWITHSTANDING ANYTHING IN THESE TERMS, IN NO EVENT SHALL HLN BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF HLN HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.
SECTION 19 - Indemnification
19.1 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless HLN and its affiliates and subsidiaries, and their officers, directors, employees, agents and contractors from and against any and all claims, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees on a full indemnity basis, arising out of or in any way connected:
- your access or use of the Site, any third-party sites;
- any ordering, use or purchasing of the Site's contents, services, and products; and
- your violation of these Terms. proprietary rights.
SECTION 20 - Governing Law and Choice of Forum
20.1 These Terms shall be interpreted and enforced in accordance with the laws in effect in the Province of British Columbia and shall be treated as a contract made in British Columbia. The Parties hereby irrevocably attorn and submit to the exclusive jurisdiction of the courts of British Columbia. Any action brought in respect to these Terms shall be commenced in the Judicial District of the City of Vancouver.
SECTION 21 - Waiver
21.1 No delay or failure by HLN in exercising any right, power or privilege under these Terms, or any other instruments given in connection with or pursuant to these Terms, shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege will preclude the further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
SECTION 22 - Severability
22.1 If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
SECTION 23 - Governing Law and Choice of Forum
23.1 These Terms, any order placed by you on the Site that is accepted by HLN (as applicable), and our Privacy Policy constitute the sole and entire agreement between you and HLN regarding the Site and supersedes all prior and contemporaneous understandings.
CONTACT US
If you have any questions about these Terms, please contact us at info@homelearnersnetwork.ca.
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