Effective as of November 2019
TERMS AND CONDITIONS
- LICENSE GRANT. This TOU provides You with a personal, revocable, limited, non-exclusive, non-transferable, and non-sublicenseable license to use the Website solely for Your use as contemplated on the Website in the training, implementing, creating and marketing the Handwork Academy Online program and conditioned on Your continued compliance with this TOU. You may view and print materials and information from the website in order to participate in the program offered by HWS, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing, You may not (i) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Website (or any part thereof) in any manner not expressly permitted by this TOU, (ii) reverse engineer, decompile, disassemble, translate, or create any derivative work of the Website (or any part thereof); (iii) access, link to, or use any source code from the Website (or any part thereof); or (iv) erase or remove any proprietary or intellectual property notice contained in or on the Website (or any part thereof).
- USER OBLIGATIONS. By accessing or using the Website, You also agree to be responsible for and to abide by all applicable local, state, national, and international laws, regulations, rules, and guidelines with respect to Your use of the Website and the materials contained therein. In addition, You agree to assume all responsibility for compliance with this TOU and for Your use, and the results of Your use, of the Website and the materials contained therein.
- PROPRIETARY RIGHTS. The contents of the Website, including all designs, text, graphics, images, photographs, illustrations, audio and video materials, artwork, databases, user interfaces, visual interfaces, sounds, artwork, computer code (including html code), information, and documentation, as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of the Website unless otherwise indicated, are owned, controlled, and licensed by HWS. Any rights granted hereby are expressly licensed to You. However, HWS does not grant any implied right to You or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Website (or any part thereof) to You or anyone else. The Website is Copyright © 2019 Handwork Studio LLC. and/or its licensors. THE HANDWORK STUDIO® and HANDWORK ACADEMY ONLINETM and all other names, logos, and icons identifying HWS and its products and services are proprietary trademarks of HWS, and any use of such marks, including, without limitation, as domain names, without the express written permission of HWS is strictly prohibited. Other product or company names, logos or identifying icons located on the Website may be the trademarks of their respective owners.
- LINKS TO OTHER SITES. HWS may provide links, in its sole and absolute discretion, to other web sites or online social networks or pages. These sites, networks and pages have not necessarily been reviewed by HWS and are maintained by third parties over which HWS exercises no control. Accordingly, HWS expressly disclaims and shall not have any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the services provided by, or available through, these third-party websites, networks, or pages. Moreover, these links do not imply an endorsement with respect to any third party, any website, network, or page.
- WARRANTY DISCLAIMER. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. HWS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. HWS ALSO DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. YOU THEREFORE ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE.
- LIMITATION OF LIABILITY. You acknowledge and agree that HWS shall not be liable or responsible for any claim, damage, or loss of any kind, in any amount, resulting from a cause beyond HWS's control. MOREOVER, YOU AGREE THAT IN NO EVENT SHALL HWS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF HWS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- You acknowledge that any actual or potential breach of this TOU by You may cause irreparable injury to HWS and/or its licensors, such injury would not be quantifiable in monetary damages, and HWS and/or its licensors would not have an adequate remedy at law. You therefore agree that HWS and/or its licensors (or on their behalf) shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any such actual or potential breach of Your obligations under any provision of this TOU. Accordingly, You hereby waive any requirement that HWS or its licensors post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to HWS to enforce any provision of this TOU.
- HWS also reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraud, illegal activity, or actions or omissions that actually or potentially violate any term or condition of this TOU, to terminate this TOU with You in order to protect its name, business, or goodwill and/or any other user, including termination of the proprietary rights describes in Section 3 above and termination of access to this Website and the material contained therein. The license granted herein by HWS to access and use the Website shall immediately cease upon termination of this TOU. You may also terminate at any time by permanently ceasing to use the Website. The provisions concerning HWS’s ownership rights, warranty disclaimer, limitation of liability, governing law, enforcement, and the miscellaneous terms will survive the termination or expiration of this TOU for any reason.
- GOVERNING LAW. This TOU has been made in and will be construed and enforced solely in accordance with the laws of the Commonwealth of Pennsylvania, U.S.A., as applied to agreements entered into and completely performed in the Commonwealth of Pennsylvania. The state or local courts in the Commonwealth of Pennsylvania will have exclusive jurisdiction and venue over all controversies in connection with this TOU, and You hereby consent to such exclusive and personal jurisdiction and venue. Any claim You might have against HWS relating to performance under this TOU must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. In addition, You agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this TOU and that each party has the right to seek attorneys’ fees in any proceeding. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this TOU and is hereby disclaimed.