The Homeschool Nook Terms of Use

This Website is provided by The Homeschool Nook, LLC. By using the Website and The Homeschool Nook Marketplace, you agree to the following Terms of Use, which govern your relationship with The Homeschool Nook. If you do not agree to the Homeschool Nook Terms of Use, DO NOT USE THIS SITE.

1. Terms and Definitions

These Terms of Use explain the rules you must follow when you visit The Homeschool Nook’s Marketplace located at www.thehomeschoolnook.com and any related subdomains and mobile applications (“the Website”). 

The Homeschool Nook provides an online Marketplace for Creators to share and/or sell their original content, including but not limited to digital files, digital products, videos, classroom décor, supplies, and other educational products (“Creative Content”), to Educators who receive and/or purchase the Creative Content for their personal use. 

Users of the Website and/or Marketplace include Members who have registered for an account, visitors who browse the Marketplace without registering, Creators who share and/or sell content, and Educators who receive and/or purchase content. 

2. Warranties, Disclaimers, and Limitations 

Creator’s Warranties. By sharing or offering for sale any Creative Content through the Marketplace, each Creator represents and warrants that such Creative Content is the property of the Creator, does not infringe the intellectual property of others, and that the Creator has the full authority to share or sell the Creative Content in the Marketplace. Each Creator further warrants that any Creative Content shared or offered through the Marketplace is free from viruses, malware, spyware, or other malicious software.

Educator’s Warranties. By receiving or purchasing any Creative Content through the Marketplace, each Educator represents and warrants that such Creative Content shall be used for Educator’s personal use, will not be repurposed, redistributed, or resold, and will not be used for any public or commercial purpose. 

Indemnification. Each User agrees to indemnify, defend, and hold harmless, The Homeschool Nook, its officers, directors, agents, and employees from and against all costs, expenses, damages, judgments, and liabilities (including specifically reasonable and necessary attorneys’ fees) resulting from any claims, suits, or proceedings brought by third parties related to such User’s use or misuse of the Website, the Marketplace, and/or the Creative Content. Creators agree to defend and indemnify The Homeschool Nook against any and all claims for damages resulting from a breach of Creator’s Warranties, and Educators agree to defend and indemnify The Homeschool Nook against any claims for damages resulting from a breach of Educator’s Warranties. 

Disclaimers. The Homeschool Nook does not own or sell the Creative Content provided by Creators in the Marketplace, nor does it produce, approve, post, or upload Creative Content. The Homeschool Nook does not make any representations or warranties regarding any of the Creative Content offered by any Creator, including but not limited to the Creator’s ownership of or rights to the Creative Content, the efficacy or effectiveness of the Creative Content, or the suitability of the Creative Content for any particular purpose. THE HOMESCHOOL NOOK DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY USER’S USE OF THE WEBSITE AND/OR MARKETPLACE.

Limitation of Liability. The Website and the Marketplace are provided on an “as is” and “as available” basis with no guarantee regarding the availability or security of the Website and/or Marketplace. Each User agrees that The Homeschool Nook, including its officers, directors, employees, and agents, shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, reputation, use, data, or other intangible losses resulting from the use of, inability to use, or inaccessibility of the Website, the Marketplace, or any Creative Content. 

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE HOMESCHOOL NOOK’S LIABILITY TO ANY EDUCATOR OR THIRD PARTY SHALL BE LIMITED TO (A) THE TOTAL AMOUNTS PAID BY SUCH USER TO THE HOMESCHOOL NOOK DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00 USD), WHICHEVER IS THE LESSER AMOUNT. THE HOMESCHOOL NOOK’S LIABILITY TO ANY CREATOR SHALL BE LIMITED TO THE TOTAL AMOUNT OF THE MEMBERSHIP FEES, REVENUE SHARE, AND TRANSACTION FEES COLLECTED FROM THE CREATOR OR ON ITS BEHALF OVER THE PREVIOUS TWELVE MONTHS.

3. Intellectual Property

The Homeschool Nook’s Intellectual Property. With the exception of any Creative Content shared or offered for sale by Creators, all other aspects of the Website and Marketplace are the property of The Homeschool Nook and shall not be used, sold, copied or reproduced, modified, displayed, or distributed without the written consent of The Homeschool Nook.

Creator’s Intellectual Property. Each Creator shall retain any intellectual property rights it may have in the Creative Content shared or offered for sale in the Marketplace. Each Creator grants to The Homeschool Nook a limited license to use, store, display, promote, and provide access to the Creative Content shared or offered for sale by Creator to the extent required to fully facilitate the Marketplace. When an Educator acquires a Creator’s Creative Content, the Creator grants to Educator, a non-exclusive, non-transferrable, perpetual, irrevocable license to use the Creative Content in accordance with these Terms of Use. Such license is for personal, instructional, educational use only. Educator may print and make copies of downloadable or digital Creative Content as necessary for personal use; however, classroom décor, supplies, and other physical educational products may not be copied or otherwise reproduced. 

Reporting Intellectual Property Violations. The Homeschool Nook respects the intellectual property of others and expects the same from Users of the Marketplace. Users shall not share any material that infringes the intellectual property rights of others. The Homeschool Nook complies with the Digital Millenium Copyright Act. If you believe your valid trademark or copyright has been infringed by any Creative Content shared in the marketplace, you should contact The Homeschool Nook at IP@thehomeschoolnook.com.  

4. Purchases and Refunds.

Refund Policy. All sales are considered final and nonrefundable once an order is submitted. However, The Homeschool Nook may consider refunds for non-digital products on case-by-case basis. To inquire about a refund, please contact howdy@thehomeschoolnook.com. Creators may authorize full or partial refunds at their discretion, also by contacting The Homeschool Nook. 

Payment Methods. The Homeschool Nook may offer a variety of payment methods to pay for purchases, such as a credit and debit card, PayPal Account, or account credit. We accept payments in United States Dollars (USD) only. Cash payments and payments in other currencies will not be accepted. The Homeschool Nook may change or add to its accepted payment methods at any time and is not obligated to accept payment by any means other than those accepted at the time of purchase. 

Promise to Pay. By making a purchase through the Marketplace, you represent and warrant that you are authorized to make the purchase and to use the payment method and billing information provided. You further agree that The Homeschool Nook may charge your payment method the amount due in USD. The Homeschool Nook is not responsible for any additional fees you may be charged by your financial institution such as international transaction fees or overdraft fees. Payment for certain purchases by Creators, such as promotional services, may be made through a deduction from Creator’s Marketplace Earnings or by an above payment method if such earnings are insufficient to cover the purchase price. 

5. Marketplace Earnings and Payouts.

For each sale through the Marketplace, Creator shall earn the applicable Commission stated in The Homeschool Nook Creator Agreement at the time such Creative Content is shared or offered for sale. Commissions are reduced by the full amount of any Transaction Fees applicable to each sale. Shipping fees charged to the Educator or purchaser are added to Creator’s Commissions to total Net Earnings. Net Earnings, unless otherwise specified, are paid to each Creator in monthly Distributions. 

The Homeschool Nook works with third party Payment Services to issue Distributions. To receive Distributions, Creators must have an account capable of receiving payments with a supported Payment Service (“Payout Account”). A list of supported Payment Services can be found here. If you have questions about the status of your Payout Account, please reach out directly to the Payment Service you use. If you are unable to register a Payout Account with any of the supported Payment Services, we may consider alternative means of issuing Distributions at our discretion on a case-by-case basis. The Homeschool Nook makes no guarantees about the services offered by any third-party company, including any Payment Services, and The Homeschool Nook is not responsible for any payment delays or other complications caused by Payment Services. The list of supported Payment Services or distribution options may be modified at any time. Payment Services may assess transaction fees when Distributions are transferred to you. The Homeschool Nook will deduct from your Distributions an amount equal to or less than the transaction fee assessed by Payment Services. Unless otherwise stated in The Homeschool Nook Creator Agreement with respect to sales taxes, The Homeschool Nook is not responsible for any additional fees or taxes you may incur from other third-parties related to receiving your Distributions. 

6. Governing Law and Dispute Resolution

Any claim relating to The Homeschool Nook’s Website and/or Marketplace shall be governed by the laws of the State of Texas, without reference to any conflicts of laws provisions. By accessing the Website and/or Marketplace, you expressly agree that any disputes related to the materials and information shared, sold, used, received, and/or purchased through the Website and/or Marketplace, purchases or payments made through the Website and/or Marketplace, use and/or accessibility of the Website, and/or the Website Terms of Use shall be brought in Harris County, Texas. You further agree that by using the Website, you expressly waive any right you may have to a jury trial. 

Any failure by The Homeschool Nook to enforce any right or provision of these Terms of Use does not constitute a waiver of any right or provision and will not limit The Homeschool Nook’s right to act or enforce these Terms of Use. 

The Homeschool Nook reserves the right to terminate any User’s access to the Website and/or Marketplace at any time for any reason. 

7. Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy to explain how we collect, use, communicate, and disclose personal information. 

We may collect and use personal information solely with the objective of providing information to you related to The Homeschool Nook, including but not limited to related to these Terms of Use and products shared, sold, used, received, or purchased through the Marketplace. The Homeschool Nook will only retain any personal information for so long as necessary to fulfill those objectives. 

The Homeschool Nook will never sell your personal information or data and will protect any personal information collected by employing reasonable safeguards against loss, theft, or unauthorized access.