Terms

Terms of Use

Effective as of November 2019

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU ("You" or "Your") AND Handwork Studio LLC ("We" or "HWS").  YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE (this "TOU") AS THEY GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE FOUND AT https://www.handworkacademyonline.com AND ANY RELATED MATERIALS OR OTHER INFORMATION AVAILABLE ON THE WEBSITE (COLLECTIVELY, THE "WEBSITE").  HWS IS WILLING TO LICENSE TO YOU THE RIGHT TO ACCESS AND USE THE WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOU.

 

TERMS AND CONDITIONS

  1. 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). 
  2. 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. 
  3. 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. 
  4. Please see our Privacy Policy for information relating to the collection and use of information in connection with Your use of the Website located here: Privacy Policy
  5. 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.  
  6. 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. 
  7. 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. 
  8. 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. 
  9. 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. 
  10. 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.
  11. The relationship between You and HWS is and shall be that of independent contractors and nothing in this TOU shall be construed or used to create or imply any relationship of partners, joint venturers, or employer and employee.  You may not assign or otherwise transfer this TOU or the license granted hereunder or delegate any of Your duties specified herein, in whole or in part, without HWS's prior written consent, which consent may be withheld in HWS's reasonable discretion.  Any attempt of assignment, delegation, or transfer in violation of this TOU shall be void, of no effect, and a material breach of this TOU.  Notwithstanding the foregoing, HWS may assign this TOU in whole or in part.  Moreover, HWS may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under this TOU.  Failure by HWS to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of that or any subsequent default or failure of performance.  In the event any provision of this TOU is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, You agree that the provision in question shall be replaced by such arbitrator or court of competent jurisdiction with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision.  Headings are for convenience only and have no legal or contractual effect.  This TOU and HWS’s Privacy Policy represent the entire agreement between You and HWS with respect to subject matter herein, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and HWS with respect to the Website.  Please note that HWS reserves the right in its sole and absolute discretion to change the terms and conditions of this TOU and by which the Website is extended to You by providing notice of such changes on this webpage or providing in writing or electronically a copy of such revised terms (or notice thereof).  HWS also has the sole and exclusive right to provide updates, upgrades, and/or changes to any aspect of the Website at any time.  Your continued use of the Website following any such change to the Website will be deemed acceptance of any change to this TOU or the Website. 
Close

Please enter your details to subscribe to our updates.