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This agreement is between the website user (“You”) and HOMEWORK FOR KIDS, LLC, a Virginia Limited Liability Company (“We” or “HFK”) and sets forth the terms and conditions under which individuals residing in the United States may use the Website (as defined below) or the Services (as defined below).

This agreement incorporates the HFK Privacy Policy by reference. Certain HFK Services are subject to additional policies, rules and terms and conditions, which you may be required to agree to as a condition of using those Services ("Supplemental Terms") which are incorporated herein by reference. In those cases, you agree to review the applicable Supplemental Terms.

This agreement, the Privacy Policy, and any applicable Supplemental Terms shall be collectively referred to as the “Terms.” 

If you object to the Terms, you may not use the Website or the Services. If you object to anything in these Terms, you may not use the Website.

  1. The Website

    The Website" shall mean http://www.homeworkforkids.com and any other websites, web pages, mobile applications, social media profiles, and mobile websites operated by HFK.

    You agree to read Terms before using the Website or the Services. By using the Website or the Services, you hereby represent, warrant, understand, agree to and accept these in their entirety, whether or not you register as a user of the Website or Services (a "User").

  2. The Services

    HFK offers various Services to help its users find, coordinate, and maintain quality tutoring and educational services (the “Services”). The Services include, among others:

    1. Providing a Website for individuals seeking to hire individuals providing educational services, such as tutors (each "Education Seekers") to connect with, search for, narrow, find, and communicate with those individuals and entities providing educational services ("Education Providers").  Together, Education Seekers and Education Providers are “Users.”
    2. Providing a Website for Education Providers to post profiles on the Website and browse, search, and apply to jobs posted by Education Seekers.

  3. Permitted Uses

    If you are:

    1. an Education Seeker, you may use your account only to find education services for yourself, your parents, your children, your grandchildren, individuals for whom you are otherwise the legal guardian.
    2. an Education Provider, you may use your account only to find education-related jobs for yourself. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.

  4. Prohibited Uses

    Users may not, under any circumstance:

    1. provide false or inaccurate information when registering an account on HFK, using the Services or communicating with other Registered Users;
    2. interfere or attempt to interfere with the proper functioning of HFK's Services;
    3. use the Website, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
    4. use the Website or Services for any fraudulent or unlawful purpose, for any purpose unrelated to education or for any other purpose not expressly intended by HFK;
    5. harass, abuse or harm another person or group, or attempt to do so;
    6. use another User's HFK account;
    7. publish or link to malicious content intended to damage or disrupt another user's browser or computer;
    8. attempt to re-register with HFK if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;
    9. make any automated use of the system, attempt to “scrape” data, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
    10. bypass any measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data (whether manually or through automated means); or
    11. use the contacts made on HFK for any commercial solicitation purposes other than those expressly permitted by HFK.

    Should HFK find that you violated these or any other terms of this Term, HFK reserves the right, at its sole discretion, to immediately terminate your use of the Website and Services. Further, in order to protect the integrity of the Website and the Services, HFK reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website.

  5. Limitations of the Services

    The following are not part of the Services, nor are they provided by the Website:

    1. HFK does not employ any Education Providers.
    2. HFK does not collect or pay Education Providers or Education Seekers.  HFK is a connection platform only.  
    3. We will not issue W-2s, 1099s, or any other tax, financial, or other documentation.
    4. HFK is not an employment agency. We do not secure or procure employees for any Education Seekers, nor do we secure or procure opportunities for employment for any Education Providers.
    5. HFK does not control, monitor, supervise, or oversee the quality, timing, hours, pay, legality, or any other aspect of services delivered by Education Providers.
    6. HFK does not background check, confirm licensure, or confirm proficiency of any Education Providers.
    7. HFK does not provide any medical, diagnostic, treatment or clinical service or engage in any conduct that requires a professional license.
    8. HFK does not match or recommend Education Seekers or Education Providers based on needs, skill level, or other factors.

  6. Limitation of Liability

    1. You shall not hold HFK responsible for the conduct of any Education Seeker, Education Provider, or other User of the Website or Services, whether online or offline.
    2. HFK does not make any representations about the suitability, reliability, timeliness, or accuracy of the information provided by Education Providers whether in public, private or offline interactions.
    3. We do not make any representations about the integrity, responsibility or actions of any Users in public, private or offline interactions.
    4. Information provided by Users, including but not limited to Education Seekers or Education Providers, to HFK is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual's or entity's suitability as an employer or provider.

  7. Modification

    The Terms are subject to change at any time, subject to the following notification process:

    1. We will notify you about material changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on the Website.
    2. We will implement material changes no less than 30 days after providing notification.
    3. We may implement non-material changes or clarifications immediately upon posting updated Terms on our Website. You should periodically check www.txortho.net for updates.
    4. Your use of the Website or the Services after the effective date of any changes will constitute your acceptance of such changes.
    5. Modified Terms supersede all prior versions of the Terms that have been or are in effect at the time of your last visit to the Website.

  8. Status of the Parties

    HWK and the Users are independent parties.  Nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other.

  9. User Information

    You must provide accurate, current and complete information in connection with your registration for use of the Website and the Services.  If your information changes from the information listed, you are responsible for updating your HFK account.

    Users must register accounts in your own legal name, even if you are seeking educational servicesfor another individual or family member. Unless otherwise permitted by HFK, all Content you post will be in English as the Website and Services generally are not supported in any other languages.

    Verification

    We may offer certain Users the opportunity to verify certain information such as their email address, cell phone number, state license information, or other identifying data.

    Verification means that the User has complied with the process we have established for verifying such information. However, we do not represent or warrant that the information is accurate, that it means the User is a suitable Education Provider or Education Seeker, or that it belongs to the User who supplied it.

    User Responsibilities

    Users are solely responsible for interviewing, vetting, performing background and reference checks on, verifying information provided by, and selecting an appropriate Education Seeker or Education Provider for themselves or their family members.

    Each Education Seeker is responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, including verifying the age of the Education Provider they select as well, taxes, payroll, minimum wage laws, and for verifying that Education Provider's eligibility to work in the US.

  10. Payment Processing

    A) PayPal

    We process payments via PayPal, a third party processor. PayPal’s services are subject to PayPal’s Terms of Service (the "PayPal Terms of Service"). By agreeing to these Terms, you agree to be bound by the PayPal Terms of Service, which may be modified by PayPal from time to time.

    B) Payment Information

    You agree to provide HFK accurate and complete information related to your accounts, personal information, and tax information, and you authorize HFK to transaction information related to your use of the payment processing services. HFK assumes no liability or responsibility for any payments made through PayPal, and all such payments are non-refundable.

    C) Recurring Billing and Payment

    If you sign up for a HFK paid membership subscription, or for a Service or product that includes a recurring fee, you agree to pay HFK all charges associated with the subscription, Service, or product you choose, as described on the Website at the time you submit your payment information. You authorize HFK, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen subscription, Service, or product. HFK reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

    ALL RECURRING FEE-BASED SERVICES WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF YOUR CHOSEN TERM PERIOD FOR AN ADDITIONAL EQUIVALENT PERIOD AT THE SUBSCRIPTION RATE UNTIL YOU EXPRESSLY CANCEL THE SERVICE OR PRODUCT.

    You may cancel your paid subscription at any time by emailing info@homeworkforkids.com. If you cancel a paid subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term.

    To the extent you elect to purchase other services offerings we may offer for a non-recurring fee, you authorize HFK to charge your chosen payment provider for the Services and/or products you purchase. You agree that if HFK already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services or products you purchase.

    D) Refund Policy

    Except as set forth in these Terms, all payments made on or through the Website or Services are non-refundable.  There are no refunds or credits for unused or partially used subscriptions, Services or products, even if you cancel your membership or a subscription, service, or product in the middle of a term.  There will be no refunds if your User account or access to the Website is revoked because of a breach of this Agreement.

  11. Eligibility to Use the Website and Services

    A) User Representations and Warranties

    By using the Website or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:

    1. You intend to use the Website and Services solely for the purpose of finding or managing education-related jobs or workers;
    2. You are eighteen (16) years of age or older;
    3. You legally reside in the United States or the territory of Puerto Rico.
    4. If you are registering to be an Education Provider, you are permitted to legally work within the United States or Puerto Rico;
    5. Neither you nor any member of your household has been the subject of a conviction, arrest, charge, complaint, restraining order or any other legal action involving (i) any felony, (ii) any criminal offense involving violence, physical, sexual, or emotional abuse or neglect, or theft, drugs, or (iii) any offense, violation, or unlawful act that involves endangering the safety of others, fraud, dishonesty, or reckless or negligent conduct;
    6. Neither you nor any member of your household has been registered, or currently required to register, as a sex offender with any government entity.
    7. You are not a current or future competitor of HFK or using our Services for reasons that are in competition with HFK.
    8. If you are an individual Education Seeker you must not (i) have had fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year (or five or more if you are seeking services in the State of California).

    B) Age Restrictions

    HFK Users must be 16 years of age or over. HFK will not knowingly collect any information from individuals under 14. Should we determine that you do not meet the age requirements for using our Website or the Services, your registration will be terminated immediately.

  12. Website Content

    "Content" includes any communications, images, sounds, videos, materials, data, and information that Users upload, publish, display, or transmit through the Website or during commission of the Services, whether to HFK or to other Users.  Any Content that posted, uploaded, or transmitted to or through the Website or during Services must be solely for the purpose of (i) finding or managing  education-related jobs, or (ii) for finding or sharing information relating education.

    You are solely responsible for any Content that you post on the Website or transmit to other users of the Website. Your use of the Services, including but not limited to the Content you post on the Website, must be in accordance with any and all applicable laws and regulations.

    You represent and warrant that public use of your Content on the HFK Website will not infringe or violate the rights of any third party.

    Website Content is primarily use-generated (the “Content”). We do not control or vet user-generated content.  We do not assume and expressly disclaim any responsibility for the accuracy or reliability of any information provided by Education Providers or Education Seekers on or off the Website. You agree that you shall not hold HWK liable for any damages, costs, expenses, liability, or other negative consequences that may result from the use of information provided on the Website.

    A) License To Content

    You have the right, and hereby grant, to HFK, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute any Content uploaded by You, and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. This license includes Content including, but not limited to, any comments, ideas, messages, questions, suggestions, profile pictures, or other communications uploaded to the Website or share with us through any channel (including, without limitation, the Website, email, telephone, surveys, and our social media accounts).

    B) Liability for Content

    Content is primarily user generated.  Because we do not control or vet such Content for accuracy, we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any Content provided by Users on or off the Website, including any Content that may include misstatements or misrepresentations or that may be defamatory or disparaging. Opinions, advice, statements, offers, or other information or Content made available on the Website or through the Website, but not directly by HFK, belong to the respective authors. Such authors are solely responsible for such content.

    HFK does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website or through the Service.

    You hereby understand and agree to hold HFK indemnify, defend, and hold HFK harmless for any inaccurate information, misstatements, misrepresentations, or other disparaging or defamatory statements made by or on behalf of them on this Website or in any other venue.  You agree to indemnify, defend, and hold harmless HFK and its Affiliates be responsible for any loss or damage resulting from: (a) your reliance on information or other Content posted on the Website or transmitted to or by any user of the Website or Service; or (b) reviews or comments made about you on the Website by other Users.

    C) Reviews

    Users may post reviews of Education Providers or Education Seekers with whom they have worked.  HFK is not obligated to monitor or remove any reviews or other information posted on the Website about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms.

    You may not terminate your registration and re-register in order to prevent a review from being associated with your account.

    The author of a review can remove or request removal of a review they have written.

    D) User Profile Content

    All Education Providers must provide truthful and accurate information relating to education, licensing, age, previous work history, an accurate photograph or “profile photo,” and any other information provided in their User profile.  All Users must provode truthful and accurate information on their profiles and in their dealings with other Users.  Users found to be providing misleading information will be terminated from the Website immediately with no refund.

    E) Content Restrictions

    You will not post on the Website, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful acts.  

    You will not provide inaccurate, misleading, defamatory or false information to HFK or to any other user of the Website, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content posted by you.

    HFK may, at its sole discretion, edit or delete any Content which might be offensive, inappropriate, illegal; that might violate the rights, harm, or threaten the safety of users of the Website or others; or that otherwise violates the Terms.

    F) No Warranty for Content

    The Content contained on the Website is provided "as is," "as available." Further, user-generated opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by HFK, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

    HFK DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF CONTENT, INFORMATION, MATERIALS ON THE WEBSITE; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY USER OR PARTY OTHER THAN HFK; (3) WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) PROVIDE ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (5) PROVIDE A WARRANTY OF CONTENT ROR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

    TO THE EXTENT PERMITTED BY APPLICABLE LAW, HFK EXPRESSLY EXCLUDES ALL REPRESENTATIONS, CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN INFORMATION AND MATERIALS, OR CONTENT.

    IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, HFK MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER TO BE AN EDUCATION PROVIDER OR AN EDUCATION SEEKER.
    THE INFORMATION AND MATERIAL CONTAINED ON THE SITE IS PROVIDED FOR YOUR PERSONAL USE ONLY AND MAY NOT BE COPIED OR REDISTRIBUTED FOR ANY REASON. THIS INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE INFORMATION IS THE INTELLECTUAL PROPERTY OF THE USER THAT UPLOADED SUCH CONTENT. IN NO EVENT WILL YOU HOLD HFK OR ITS AFFILIATES LIABLE IN ANY WAY WITH REGARD TO SUCH CONTENT. YOUR USE OF THE CONTENT MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

  13. Termination

    A) Termination of Access or Account

    At its sole discretion, HFK reserves the right to immediately terminate access to all or part of the HFK Website and/or Services, to remove a User’s profile and/or any content posted by or about that User from the Website, and/or to terminate that User’s account with HFK, with or without notice for any reason whatsoever.  HFK has no obligation to notify you of the reason, if any, for your termination.

    Upon termination, HFK shall be under no obligation to provide you with a copy of any Content created by you or posted by or about you on the Website.

    HFK will provide no refunds for termination due to breach of this Agreement.

    B) Notification of other Users

    Following any termination of any User’s use of the Website or the Services, HFK has the right, but not the obligation, to send a notice of such termination to other Users with whom we believe the individual has corresponded. Our decision to terminate a User’s registration and/or to notify other Users with whom we believe the individual has corresponded does not constitute,  and should not be interpreted as, negative bearing on the individual's character, general reputation, personal characteristics, or mode of living.

  14. Liquidated Damages

    Misuse of the Website and the Services will cause damages to HFK that are difficult to ascertain.  By using the Website and/or Services, you agree that HFK may assess, and you shall pay, $1,000 per day that you:

    1. maintain Education Provider or Education Seeker information (including but not limited to, names, addresses, phone numbers, or email addresses) or other copyrighted material that you accessed without permission, “hacked,” or scraped (either directly or indirectly in a manual or automatic manner) from the Website; or
    2. otherwise misappropriate Website Content, including but not limited to, use on a "mirrored" third party site.

    These liquidated damages shall be in addition to any other rights HFK may have under these Terms or applicable law.

  15. Privacy

    HFK uses the information you provide on the Website or via the Services or in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein by reference.

  16. Links To External Websites

    Links to external sites, inclusion of advertisements and other third-party Content, or other hyperlinks do not constitute an endorsement by HFK of those sites, products, advertising, products, or services.  HFK expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Website. You acknowledge and agree that HFK does not control third-party sites or content and is not responsible for them. Such sites and content are governed by their respective owners' terms of use and privacy policies, and not these Terms or HFK's Privacy Policy.

    You hereby agree to hold HFK harmless from any liability that may result from the use or viewing of links that may appear on the Website.

  17. Release of Liability

    By using this Website or our Services, you hereby represent, understand, and expressly agree to release and hold HFK and HFK's officers, directors, shareholders, employees, parents, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, or partners ("Affiliates") harmless from any claim or controversy that may arise out of (i) the actions or inactions of, or the relationship between, you and any Education Seeker, Education Provider or other User(s) of the Website; and/ or (ii) any information, instruction, advice or services created by any Education Seeker, Education Provider, or other third party that appeared on, or was communicated through, the Website.

    You expressly release HFK and its Affiliates from any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, from the above.

  18. Disclaimers; Limitations; Waivers; Indemnification

    A) Assumption of Risk

    Use of an online platform comes with certain inherent risks. We do not provide any training, supervision, or monitoring of Education Seekers or Education Providers, and we cannot guarantee that all of your interactions with other Users will always be 100% safe and respectful.

    You agree to assume all risks when using the Website and the Services, including but not limited to injury, illness, death, and all other risks associated with any online or offline interactions.

    You also agree not to rely solely on HFK to vet or screen Education Providers or Education Seekers. You agree to take all necessary precautions when interacting with other Users and others associated with them, whether online or offline.

    B) Limitation of Liability

    In no event will you hold HFK or its Affiliates liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Website or Services, including without limitation damages related to (i) any Content received from the Website or Services; (ii) removal of content from the Website, including profile information; (iii) termination of your account or access to the Website or Services; (iv) failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if HFK, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

    UNDER NO CIRCUMSTANCES WILL HFK’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THE TERMS, PRIVACY POLICY, SUPPLEMENTAL TERMS, OR THE USE OF THE SERVICES OR THE WEBSITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID HFK FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00.

    C) No Liability for non-HFK Actions.

    YOU WILL NOT HOLD HFK LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING (i) YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USER IN CONNECTION WITH THE WEBSITE OR THE SERVICES, (ii) ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, (iii) ANY PAYMENT FOR SERVICES PERFORMED AS AN EDUCATION PROVIDER, (iv) ANY PERFORMANCE OF ANY EDUCATION PROVIDER OR UNPERFORMED SERVICES BY AN EDUCATION PROVIDER.  THIS INCLUDES, BUT IS NOT LIMITED TO, MONETARY DAMAGES, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

    In addition, and Content posted on the Website is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. HFK makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified professional.

    D) Indemnification

    By agreeing to these Terms, Users of the Website and Services agree to indemnify, defend and hold harmless HFK and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys' fees and costs incurred by HFK and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) Content you submit, post or transmit through the Website, (ii) use of the Website or Services by you in violation of these Terms or in violation of any applicable law, or (iii) any relationship or agreement formed with an Education Seeker or Education Provider using the Website or Services.

    Users further agree that they will cooperate as reasonably required in the defense of such claims. HFK and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of HFK. Users further agree to hold harmless HFK and its Affiliates from any claim arising from a third party's use of Content of any kind that Users post to the Website.

  19. Copyright Notices/Complaints

    HFK handles claims of copyright infringement in compliance with the Digital Millennium Copyright Act ("DMCA"). If you believe any Content accessible on or from our Website infringes your copyright, you may request removal of those materials (or access thereto) from the Website by contacting HFK's copyright agent (identified below) and providing the following information:

    1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
    2. Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
    3. Your name, address, telephone number and (if available) e-mail address.
    4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
    5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
    6. A signature (or the electronic equivalent) from the copyright holder or authorized representative.

    HFK's agent for copyright issues relating to this Website is as follows:

    ATTN: DMCA Notice
    Caroline J. Fox, Esq.
    2920 W Broad Street
    Ste. 230
    Richmond, Virginia 23235
    dmca@cjfoxlaw.com
    (804) 715-1893

    In an effort to protect the rights of copyright owners, repeat infringers will be terminated as Users.  

  20. Governing Law and Jurisdiction

    These Terms, and all claims relating to or arising out of this agreement shall be governed by the laws of the Commonwealth of Virginia, without giving effect to its principles of conflicts of law.  Any claim or dispute arising out of the Terms, Supplemental Terms, Privacy Policy, or may otherwise arise between you and HFK must be resolved exclusively by a state or federal court located in Henrico, Virginia, to which jurisdiction and venue both parties irrevocably submit.

  21. Consent to Electronic Communication

    By using the Website or Services, you agree to allow HFK to communicate with you electronically, and you consent to electronic delivery of notices, documents, or information from HFK via the HFK Website, mobile app, or e-mail. You also agree to check your HFK account, alerts, and messages, and the e-mail account reflected on your HFK on a reasonably regular basis to stay apprised of important notices and information about your account.

  22. Assignment

    These Terms will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

  23. Severability

    The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. The remainder of the Terms will continue to apply.

  24. Contact Information

    If you have any questions or need further information as to the Website or Services provided by HFK, or need to notify HFK as to any matters relating to the Website or Services please contact HFK at:

    Email: info@homeworkforkids.com

    (804) 554-1750
    3517 Floyd Avenue #14775
    Richmond, VA 23221