TERMS OF USE
The following Terms of Use constitute an agreement between TheFunctionalHomeschool.com and you that governs your use of this website and all of its associated products, services, content, and functionality. The term, “you” refers to anyone who visits, views, and/or uses this website.
TheFunctionalHomeschool.com (“I,” “team,” “we,” “our,” “us,” “website”) reserves the right to modify, revise, or amend these terms at any time without notice or prior consent. Your use of this website constitutes your acceptance of, and agreement to, the following Terms of Use. If you do not agree with or do not accept any part of this Terms of Use, you must not use this website. Your continued use of any part of this website constitutes your acceptance of such changes to this Terms of Use. It is highly recommended for you review the Terms of Use periodically for any changes.
YOUR RESPONSIBILITY
If you are a business and would like to partner with us or request an honest review of resources/products, please connect with us on any one of our socials, or complete the form below and select “Partner” in the drop-down menu.
AGE RESTRICTIONS AND PARENTAL CONSENT
All content on TheFunctionalHomeschool.com is intended for individuals over the age of 18. Additionally, we make no representation that any information, including products and/or services, provided on this website is appropriate for children under the age of 18.
Any child under the age of 18 must have parental consent before visiting or using this website.
INTELLECTUAL PROPERTY AND COPYRIGHT
Unless otherwise stated, all blog posts, articles, logos, graphics, photos, videos, audio materials, products, downloads, and all other information on this website (collectively, “Content”) are owned by TheFunctionalHomeschool.com and are protected by copyright, trademark, and all other intellectual property and unfair competition laws. You agree to be bound by all copyright, trademark, and other intellectual property rights and are solely responsible for any violations of these Terms of Use.
You are permitted to share direct links to this website with a very short quote or summary on social media channels (Facebook, Twitter, Instagram, etc.), where permitted.
You may view, download or print pages, where permitted, for your personal use, subject to the restrictions described in these Terms of Use below.
Restrictions
You may not copy, publish, republish, display, post, or transmit any content from this website unless specifically and expressly made available for such activities;
You may not store, sell, rent, or sub-license any content from this website;
You may not reproduce, duplicate, create derivative works of, or reverse engineer any content on this website for commercial purposes or any other purpose not expressly permitted;
You may not modify any content on this website unless specifically and expressly made available for modification;
You may not distribute or redistribute any content from this website unless specifically and expressly made available for redistribution.
From time to time, TheFunctionalHomeschool.com will utilize various plug-ins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plug-ins or widgets does not constitute any waiver of our intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to us.
USER CONTENT AND LAWFUL USE OF THIS WEBSITE
For any content or information that you upload, display, post, transmit, send, email, or submit to us on this website or any of our social media channels, you warrant that you are the owner of that content or have express permission from the owner of such content to use and distribute it to us. You grant TheFunctionalHomeschool.com non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, or reproduce any content provided by you on this website and any of our social media channels for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, or other proprietary rights of any content or information that you provide to us.
You agree not to upload, display, post, transmit, distribute, send, email or submit to us on this website or any of our social media channels, any information or content that is (a) illegal, violates, or infringes upon the rights of others, (b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening, (c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law, or (d) transmit or send any unsolicited commercial communications.
You agree to use TheFunctionalHomeschool.com for lawful purposes only and shall be liable for any damages resulting from a violation of any provision contained in these Terms of Use. You must not use this website in any way that causes, or may cause damage(s) to this website or impairs the availability of access to this website. You agree not to decompile, reverse engineer, disassemble, or otherwise reduce this website except to the extent that such activity is expressly permitted by any applicable law. This includes, but is not limited to, copying, storing, hosting, sending, using, publishing, or distributing any material that consists of, or is linked to, any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or any other harmful code or malicious software.
You agree not to conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction, or data harvesting on or in relation to this website without the express written permission from TheFunctionalHomeschool.com.
You agree not to use this website for any third-party marketing without express written permission.
COMMENT POLICY
TheFunctionalHomeschool.com offers the option for you to leave comments and reviews engaging with this website’s posts. The following types of comments will not be tolerated and will be deleted:
Harassment directed toward any content creator on this website or to TheFunctionalHomeschool.com directly;
Spam;
Hate speech;
Defamatory to this website or any third party;
Reference illegal acts; or,
Violate the legal rights of a third party.
It is the sole discretion of TheFunctionalHomeschool.com to determine if a comment or review is in violation of this Comment Policy. Any comments or reviews in violation will be promptly deleted, and no further explanation will be offered to you.
TRADEMARK
TheFunctionalHomeschool trademarks and trade dress may not be used in connection with any product or service that is not TheFunctionalHomeschool’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits TheFinctionalHomeschool, or the contributors featured on this website.
From time to time, we will legally utilize trademarks owned by third parties related to TheFunctionalHomeschool’s services. These trademarks are the respective property of their owners.
LICENSE FOR USE OF PRODUCTS
THIRD-PARTY LINKS
TheFunctionalHomeschool.com may contain links to third-party websites, resources, products, or services for your convenience. We may serve as an affiliate for some of these third-party websites by offering or advertising their products or services on this website; however, we do not claim to own or control these third-party websites. Once you click on a third-party link, leaving this website, you are no longer bound by our Terms of Use.
You agree that TheFunctionalHomeschool.com is not liable for the accuracy, content, or any information present on these third-party websites. You assume all risks for using these third-party websites or resources, and any transactions between you and these third-party websites are strictly between you and the third-party websites. We are not liable for any damages resulting from your use of these third-party websites or resources.
FTC AND AFFILIATE MARKETING DISCLOSURE
TheFunctionalHomeschool.com may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with us to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, all such advertisements on this website are clearly and conspicuously disclosed.
Even though compensation (cash, free product, services) is received in exchange for this sponsored content placement, all content creators or contributors on TheFunctionalHomeschool.com provide their honest opinions, findings, beliefs, or experiences for such sponsored content. All views expressed on this website are those of the content creator. Any product claim, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
TheFunctionalHomeschool.com may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, this website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
TERMINATION
You agree that TheFunctionalHomeschool.com reserves the right to refuse, remove, restrict, revoke, or terminate your use of this website including any and all content published by you or us at any time for any reason, without prior notice.
NO REFUNDS
All sales of products and/or services on this website are final. No refunds will be issued. We have intentionally kept prices reasonably low compared to market value to provide you with wonderful tools and resources at an affordable price to all.
NO WARRANTIES
TheFunctionalHomeschool.com and any content are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. TheFunctionalHomeschool.com makes no representations or warranties in relation to this website, or the information and materials provided therein.
TheFunctionalHomeschool.com makes no warranty that this website will: meet your requirements; be available uninterrupted; or be error-free, timely, and free of viruses or bugs. We do not warrant that you will be able to access the full functionality of this website or that this website will be accurate or reliable. TheFunctionalHomeschool.com is not responsible to you for the loss of any content or material uploaded or transmitted through this website. This website is written in English and makes no warranty regarding the translation or interpretation of content in any language.
TAKEDOWN
Occasionally, TheFunctionalHomeschool.com will publish posts with images and/or text from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on this website in a way that constitutes copyright infringement and falls outside of fair use, please contact us and we will remove the images and/or text within a reasonable period of time.
LIMITATION OF LIABILITY
You agree that under no circumstances, we and/or our officers, employees, agents, affiliates, content creators, licensees, web hosting services and anyone else working with us will not be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages of any kind, however caused, resulting from your use of this website including but not limited to all the content, information, products, services, and graphics presented here.
You expressly agree that your use of this website is at your own risk and that you are solely responsible for the accuracy of the personal and any information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the website.
You also expressly agree that we and/or our officers, employees, agents, affiliates, content creators, licensees, web hosting services, and anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on this website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of this website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorized access by any third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.
INDEMNIFICATION
You agree to defend, indemnify and hold TheFunctionalHomeshool.com, its members, employees, officers, directors, managers, and content creators or anyone else working with us harmless from and against any and all losses, claims, damages, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) assessed against or otherwise incurred by you arising from, in whole or part, from: (a) your negligence or intentional misconduct, (b) your breach of any provision of the Terms of Use (including representation or warranty); (c) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (d) death, personal injury, or property damage arising out of, or relating to, your obligations under the terms of this agreement. TheFunctionalHomeschool.com will notify you of any such claims or liability and reserves the right to defend such claim, liability, or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.
ARBITRATION
You expressly waive your right to bring any legal claims, now or in the future arising out of or related to this website and our products/services. In the event of any dispute, claim, or controversy arising out of or relating to your use of this website, the Terms of Use shall be construed in accordance with the rules and regulations of the state of Kentucky and the United States. You agree to consent and submit to the jurisdiction of the state and federal courts located in Kentucky without regard to the principles of conflict of law or where the parties are located at the time a dispute arises. You agree to resolve any disputes or claims first through mandatory arbitration in the state of Kentucky and shall bear the full cost of arbitration as permitted by law. Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available such as litigation or any other legal procedure. You also agree that in the event a legal claim is initiated after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action.
SEVERABILITY
If any provision in these Terms and Conditions is deemed by a court, regulatory authority, or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.