HCAC Terms of Use
Last Modified: December 16, 2019
The Healing and Creative Arts Center (“HCAC”) provides its products and services to you subject to the following Terms of Use (“Terms”), which may be updated by HCAC from time to time without notice to you. Your use of HCAC software, access to HCAC
software, and affiliated websites is governed by these Terms. In addition, when using particular HCAC Services, you may be subject to additional Terms of Use, which are incorporated by reference into the Terms.
1. Acceptance of Agreement
By accessing HCAC, https://www.healingandcreativearts.org (the “Site”), using products and services offered by HCAC (the “Services” described in Paragraph 2 below), subscribing or ordering Services online, or accepting the Terms electronically, you agree to be subject to these Terms and any additional terms and conditions found on any of our affiliated websites that may apply. If you do not agree to these Terms or any affiliated Terms of Use, please do not use the Site or Services.
In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of your jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration forms (such information being the “Client Data”) and (b) maintain and promptly update the Client Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HCAC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HCAC has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
2. Description of Services
The Site and affiliated web pages owned by HCAC provide users with information concerning HCAC’s products and Services. HCAC provides a series of online workshops to teach critical thinking skills, interpersonal skills, and communication skills (the
“Services”). The Services consist of cloud-based video modules followed by an online examination.
3. Modifications to Services
HCAC reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that HCAC will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
4. Products and Prices
You agree to provide payment for the Services and Products in the stipulated currency and you will be liable to pay any relevant conversion charges, as well as applicable sales tax in your region. Please note that HCAC must receive your payment in full before providing you with access to the Products. The description of the Services and Products on the Site will set out details of the contents of the available workshops.
Your payment includes the licensing of the Services and Products for a limited period of time that is appropriate for the content. HCAC is unable to provide a refund if you fail to complete the content within the allocated time.
HCAC reserves the right to review and change the pricing of any of our products. This will not affect products that have already been purchased.
HCAC reserves the right, in its sole discretion, to make any necessary updates, modifications and adjustments at any time to the product descriptions, warranties, and prices without prior notice.
HCAC endeavors to provide content on the Site and affiliated sites that is current and accurate. Errors and misprints may occur. HCAC reserves the right to reject, correct, cancel or terminate any order for Services for which the price was incorrectly displayed or where HCAC displayed erroneous or inaccurate information. HCAC reserves this right at any stage of ordering processing, including after an order has been submitted. HCAC is not obligated to sell products or services based on errors or misprints on our website.
5. Grant of License
In consideration of your payment, HCAC hereby grants you a license to use the purchased workshops (“the Products”). This license is limited, revocable, non-exclusive, nonsublicensable and non-transferable, and is subject to the rights and obligations granted under these Terms.
This license is personal to you and cannot be shared or exchanged with others.
6. Ordering Services
In order to purchase any of the Services on-line you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.
The Fees for the Services shall be as set out on the Site at the time you placed an order for them. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT or other local taxes, the cost of some Course Materials and any delivery costs payable in respect of the delivery of Course Material to you. Each of these costs will be set out in the Site prior to your purchase the Services.
7. General
HCAC develops, distributes and maintains the Products and Services and will also provide you with log in details. We will also manage your access to the Products and provide support to you, where necessary.
You shall not copy, modify, transmit, distribute or in any way exploit the Services or Products or any other copyrighted materials provided other than for your individual learning. Any other purpose is expressly prohibited under these terms. You shall also not permit anyone else to copy, use, modify, transmit, distribute or in any way exploit the Services or Products or any other copyrighted materials.
HCAC provides the materials ‘as is’ and without any warranties, whether express or implied, except those that cannot be excluded under statute. HCAC also does not warrant that the materials will be error free, including technical inaccuracies.
It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment and Internet service, prior to purchasing any content. We are unable to provide refunds where your access to the Products is inhibited due to insufficient system requirements.
We may restrict your access to the Products if you breach these terms, including without limitation:
a) A failure to make any payment due to us; or
b) Failure to provide accurate information that is necessary for us to provide the Products to you.
In these circumstances, we will inform you in writing with seven (7) days’ notice that your access to the Products will be restricted.
8. Access to Materials
The starting date of your access to the Services and Products is deemed to be the date that you first have access. HCAC will attempt to contact you where your access period has ended. Where this is the case, HCAC cannot guarantee that certification or completion (as appropriate) will be possible.
HCAC will take all commercially reasonable steps to provide you with uninterrupted access to the Services and Products. However, your access may be restricted from time to time for reasons beyond our control. Such reasons include force majeure events, power outages and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance and other related reasons. Where this is the case, HCAC will take commercially reasonable steps to restore your full access within a reasonable period of time. ‘Commercially reasonable’ in these terms shall mean reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel or money.
HCAC’s joint aim is to provide workshops and materials of the highest quality. As such, improvements or changes to the Services and Products or any other materials may occur at any time without prior notification in order to ensure that they are up to date and accurate.
9. Privacy
Client Data and certain other information about you are subject to HCAC’s Privacy Policy as set forth at [address of website]. You understand that through your use of the Services, you consent to the collection, use and disclosure of this information, only as permitted by our Privacy Policy, including the transfer of this information to the United States and/or other countries for storage, processing, and use by HCAC and its affiliates as necessary to provide the Services to you. The Privacy Policy is hereby incorporated into these Terms, which are part of HCAC’s contract with you.
10. Authorized use of Materials on Website
All information and material and content published or accessible through the Site is protected by copyright, trademark and other intellectual property and proprietary rights and laws. All such website content (“Content”) is copyright of HCAC except where indicated otherwise. All source code is owned by HCAC except where expressly indicated otherwise, and may not be used or copied without permission. Some of the code available on the Site is subject to the terms and conditions of an open source license (“Open Source”). In addition to any terms of any open source license, you acknowledge and agree that your use, modification or copying of any Open Source code is entirely at your own risk. HCAC shall not be liable for any damages or costs associated with your use of Open Source code. Certain names, words, titles, phrases, logos, icons, graphics, designs or other content on the Site are trade names or trade-marks owned by HCAC or third parties, and may not be used without permission. You may not modify, copy, distribute, transmit, display, perform, reproduce or use for commercial purposes any information or services obtained from the Site without proper authority from HCAC, except as expressly stated above. Notwithstanding the above, Under Section 204 of the Copyright Act, HCAC has a non-exclusive license and does not own any material contributed by third parties.
11. Links to Third Parties
Links to third-party websites from the Site are meant for convenience only. HCAC does not review or control these third-party websites and is not responsible for any third-party websites or the content of those sites. Inclusion of any linked website does not imply approval or endorsement of the linked website by us. Linking to any other site is at your own sole risk and HCAC will not be responsible or liable for any damages associated with linking.
12. Disclaimer
HCAC and its employees, agents, affiliates, partners and suppliers provide all Content and Services available through the HCAC and its affiliates websites “as is”, without warranties, representations and conditions of any kind, whether express or implied. HCAC makes no representation, warranty or guarantee of the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the site, the Services, or of any Content the site. The website, the Content, and the Services are provided to you strictly on an “as is” basis. Except as specifically set forth in this agreement, all conditions, representations and warranties regarding the website, the Content, and the Services, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantable quality, merchantability, fitness for a particular use or purpose, or non-infringement of third party rights, are disclaimed to the maximum extent permitted by applicable law by HCAC.
13. Limitation of Liability
Under no circumstances, including, but not limited to negligence, shall HCAC, nor any of its partners, associates, employees, agents, successors, assigns, affiliates, or content or service providers be liable to you or any other site user or any third party for any damages of any kind, including without limitation loss of profits or other economic loss, or for any direct, indirect,
exemplary, incidental, punitive, special or consequential damages, even if advised of the possibility of such damages, arising out of the posting or non-posting of documents and information, the design, functionality or use of the website, the reliance on any statement or advice from any other user of the website, or inability to gain access to or use the website or any part thereof or to any documents and information, or out of any breach of any warranty, express or implied.
YOU ACKNOWLEDGE AND AGREE THAT HCAC HAS OFFERED THE WEBSITE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HCAC, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HCAC. HCAC WOULD NOT BE ABLE TO PROVIDE THE SITE, SERVICES AND PRODUCTS TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
14. Indemnification
You agree to indemnify and hold HCAC, its affiliates, partners, attorneys, staff, and each of their respective directors, officers, employees, consultants, agents and suppliers harmless from any costs or damages or any kind, including reasonable legal fees, arising from a claim or demand pertaining to your use of the Content or Services, breach of these Terms of Use, or your violation of any rights of another, except to the extent where you can show that such costs or damages were caused by HCAC
15. Severability of Clauses
If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Subheadings used in the Terms of Use are not to be used to construe or interpret the
Terms.
16. Entire Agreement
The Terms, and any application Additional Terms or other terms herein incorporated by reference, constitute the entire agreement between you and HCAC. and govern your use of the Site, Content and the Services, superseding any prior agreement, whether oral or written. You shall be subject to additional terms and conditions that may apply when you use or purchase certain HCAC services, affiliate services, third-party content or third-party software. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
17. Waiver
The failure of HCAC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
18. Non-Transferable
This Agreement is not transferable by you in any way and may not be assigned to any third party without our written consent. HCAC may transfer this agreement to a third party without notice to you.
19. No Third Party Rights
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
20. Forum Choice
The Terms of Use and the relationship between you and HCAC shall be governed and construed by the laws of the State of Florida and the applicable laws of the United States, without regard to its conflict of laws provisions. You hereby consent and submit to the personal and exclusive jurisdiction of the courts of the State of Florida in any action or dispute related to this Terms of Use.
21. Term and Termination
These Terms shall remain in full force and effect while you use the Services unless your account is terminated as provided in these Terms, in which case you no longer have the right to use the Services.
HCAC, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate any account (or any part thereof) you may have with HCAC or your use of the Services and remove and discard all or any part of your account, User profile, and User Content, at any time. HCAC may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have, or portion thereof, may be affected without prior notice, and you agree that HCAC will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies HCAC may have at law or in equity. As discussed herein, HCAC does not permit copyright, trademarks, or other intellectual property infringing activities on the Services, and will terminate access to the Services, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of HSAC in operating the Services, or (v) any content or information transmitted through the Services, is to terminate the Terms and your account. You may terminate these Terms at any time (prospectively only) by deleting your login account with the Services and discontinuing use of any and all parts of the Services.