By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
1. HST is a Venue
HST acts as a venue to allow users who comply with HST’s policies to offer, sell and buy certain homeschool related materials. HST is not directly involved in the transaction between buyers and sellers. As a result, HST has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers, to sell items or the ability of buyers to pay for items. HST does not pre-screen users or the content or information provided by users. HST cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, HST does not transfer legal ownership of items from the seller to the buyer.
HST cannot guarantee the true identity, age, and nationality of a user. HST encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that HST is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, items, and links posted by you, other users, or outside parties on HST. You use the HST service at your own risk.
2. Membership Eligibility
Age: HST’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. HST may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use HST’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by HST’s policies as stated in the Agreement (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by HST, each of which is incorporated herein by reference and each of which may be updated by HST from time to time without notice to you.
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by HST from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify HST of any unauthorized use of your password or any breach of security. You also agree that HST cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than HST without HST’s express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.
Right to Refuse Service: HST reserves the right, in HST’s sole discretion, to cancel unconfirmed or inactive accounts. HST reserves the right to refuse service to anyone, for any reason, at any time.
3. Registration Fees and Subscriptions
Registering on HST is free. HST provides a variety of subscription offerings for listing an item for sale including paid offerings. When you list an item you have an opportunity to review and choose your subscription. HST may choose to change its subscription rates at any time, but current subscriptions will not change until the end of the annual cycle. You are responsible for paying all fees and applicable taxes associated with using HST. All subscriptions are non refundable, non transferable, and cannot be prorated.
4. Listing and Selling
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with HST’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.
Shipping Policies: All sellers are urged to outline their shipping policies for each product listed and any fees associated with shipping the product. Sellers must create reasonable policies in good faith and must abide by such policies.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to HST and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on HST.
Restricted Activities: Your Content and your use of HST shall not:
- Contain any other listing unrelated to homeschool products or be false, inaccurate or misleading.
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items.
- Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
- Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including HST staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
- Modify, adapt or hack HST or modify another website so as to falsely imply that it is associated with HST;
- Appear to create liability for HST or cause HST to lose (in whole or in part) the services of HST’s ISPs or other suppliers
- Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, or other policy documents as posted on HST.
Re-Posting Content: By posting Content on HST, it is possible for an outside website or a third party to re-post that Content. You agree to hold HST harmless for any dispute concerning this use. If you choose to display your own HST-hosted image on another website, the image must provide a link back to its listing page on HST.
7. Information Control
HST does not control the Content provided by users that is made available on HST. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using HST, you agree to accept such risks and that HST (and HST’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on HST. Please use caution, common sense, and practice safe buying and selling when using HST. We also ask that you inform HST if you notice any of this behavior mentioned above immediately.
Other Resources: HST is not responsible for the availability of outside websites or resources linked to or referenced on the Site. HST does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that HST shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
8. Resolution of Disputes and Release
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Nashville, Tennessee, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Tennessee. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and HST agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release HST (and HST’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. HST encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
HST, for the benefit of users, may try to help users resolve disputes. HST does so in HST’s sole discretion, and HST has no obligation to resolve disputes between users or between users and outside parties. To the extent that HST attempts to resolve a dispute, HST will do so in good faith based solely on HST’s policies. HST will not make judgments regarding legal issues or claims.
9. HST’s Intellectual Property
HST, and other HST graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of HST, Inc. in the U.S. and/or other countries. HST’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Without limiting any other remedies, HST may, without notice, and without refunding any fees, delay or immediately remove Content, warn HST’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
HST suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement or other policy documents and community guidelines incorporated herein; HST is unable to verify or authenticate any of your personal information or Content; or HST believes that a user is acting inconsistently with the letter or spirit of HST’s policies, has engaged in improper or fraudulent activity in connection with HST or the actions may cause legal liability or financial loss to HST’s users or to HST.
12. Liability Limit
IN NO EVENT SHALL HST, AND (AS APPLICABLE) HST’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR HST’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, HST’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
YOU AGREE TO INDEMNIFY AND HOLD HST AND (AS APPLICABLE) HST’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
14. No Guarantee
HST does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside HST’s control.
15. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any HST service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
17. No Agency
You and HST are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
18. HST Service
19. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Tennessee, excluding its conflicts of laws rules, and the United States of America.
The services hereunder are offered by HST Inc., located at 395 Page Drive, Mt. Juliet, TN 37122.
Effective Date: October 1, 2013
Updated: October 1, 2013