Lavender’s Blue Homeschool

Terms and Conditions of Use

Please read these Terms and Conditions (“T&C”) carefully.  You must agree to these T&C before you purchase any Lavender’s Blue Homeschool curriculum, workbook, or other materials, or participate in any Lavender’s Blue Homeschool individual or group coaching session, workshop, or training, or enter any online private forums operated by Lavender’s Blue Homeschool (for any purpose), whether on a website hosted by Lavender’s Blue Homeschool or a third-party website or platform such as Thinkific, Mighty Networks, or a workshop/webinar or videoconferencing platform (collectively “the Program”).

If you do not agree with these T&C, you may not purchase or participate in the Program.

As used in these T&C, the term “Releasees” is defined to include the following: (i) Lavender’s Blue Homeschool, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees and independent contractors, agents, coaches, representatives, successors and assigns (collectively “LBH” or “Us”); (ii) any LBH volunteers; and (iii) Kelly Ehrman.

Payment and Refund Terms

You agree to pay the Program price you select at checkout.  If paying by debit card or credit card, you give Us permission to automatically charge your credit or debit card for all fees and charges due and payable to LBH, without any additional authorization, for which you will receive an electronic receipt.  If you purchase membership in any aspect of the Program that requires periodic payments, you give Us permission to automatically charge your credit or debit card for all fees and charges due and payable to LBH on the periodic dates, without any additional authorization, for which you will receive an electronic receipt.  You also agree that LBH is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Program will not continue and we reserve the right to terminate your access to the Program and all Content immediately and permanently. 

If you fail to make payment in a timely manner in accordance with these T&C or voluntarily withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program.  

Unless otherwise provided by law, you acknowledge that LBH does not offer refunds for any portion of your payment for any session or materials purchased through our Program and no refunds will be provided to you at any time. By participating in our Program, you understand and agree that all sales are final and no refunds will be provided.

Since LBH has a clear and explicit Refund Policy in these T&C that you have agreed to prior to participating in the Program, LBH does not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a payment or we receive a chargeback threat during or after your payment, LBH reserves the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

Ownership of the Content and Resources

The curriculum, homework, resources, practice questions, words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the LBH website, any third-party website LBH may use to distribute or host the Program, and contained in e-mails sent to you by LBH (“the Content”) is property of LBH and/or its affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

Intellectual Property Rights

LBH’s Limited License to You

If you view, purchase or access any Program or any of the Content, you will be considered a Licensee of LBH. For the avoidance of doubt, you are granted a revocable, non-transferable single license for personal, non-commercial use only, limited to you only.  

This means you may view, download, print, email and use one copy of individual pages of the Content for your own personal purposes of teaching your own children in your immediate family only.

You may not republish, reproduce, duplicate, copy, sell, display, distribute to friends or family, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you money (other than by applying them generally for your own personal use).  

You may not sell or give away any portion of this program to friends, relatives, or on any homeschool forum, Facebook group, curriculum swap, or curriculum resell/resale forum. Your license is for your immediate family only.  

By downloading, printing, or otherwise using any Content for personal use you in no way assume any ownership rights of the Content – it is still LBH property.  Any reproduction or unauthorized use of any materials found in the Program or Content shall constitute infringement.

You must receive LBH’s written permission before using any of the Content for your own commercial use or before sharing with others.

The trademarks and logos displayed on the Program or Content are trademarks belonging to LBH, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without LBH’s written permission.

All rights not expressly granted in these terms or any express written license, are reserved by Us.

Unauthorized Use

Your use of any materials in the Content, other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of $5,000, in addition to any legal or equitable remedies LBH may be entitled to pursue.  This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.

Request for Permission to Use the Content

If you wish to use any of the Content, or any other intellectual property or property belonging to LBH, you must request permission in writing BEFORE you use the Content by sending an e-mail to support@lavendersbluehomeschool.com.

If you are granted permission by LBH, you agree to use only the specific Content that LBH allows and only in the ways for which LBH has given you its written permission. If you choose to use the Content in ways that LBH does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from LBH, and you consent to immediately stop using such Content and to take whatever actions as LBH may request and by the methods and in the time frame that LBH prescribes to protect its intellectual property and ownership rights in the Program and Content.

Your License to LBH.

By posting or submitting any material during the Program such as comments, posts, photos, images or videos, or other contributions, you are representing to Us that you are the owner of all such materials and you are at least 18 years old. You are also granting LBH, and anyone authorized by Us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting Us the right to make it part of the Company’s current or future Program and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by Us to you.  

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, workshops/webinars, or other communications, that may be made by LBH during the Program that may contain you, your voice and/or your likeness. In LBH’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to LBH or created by LBH in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future.  

You also grant Us, and anyone authorized by Us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or LBH, or by name, email address, or screen name for any purposes, including commercial purposes and advertising.  LBH will not use your full name without first asking permission. You acknowledge that LBH has the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason.

This means you give LBH permission to use anything you submit or post in the Program or any third-party platform or website operated by LBH, or anything captured by LBH during your participation in the Program, including images in which your face is visible and recognizable.  

Individual and Group Coaching Sessions

As part of the Program, you may elect to purchase individual coaching sessions or participation in group coaching sessions, workshops, or Q&A sessions (collectively, the “Coaching Sessions” and each individually, a “Coaching Session.”).  All Coaching Sessions will take place via phone or videoconference and be initiated by LBH.  You may not attend any Coaching Session until you have made payment in full for the session and you have completed any required questionnaire.  

Coaching Sessions may only be rescheduled with at least 24 hours prior written notice to LBH.  Cancellation requests made less than 24 hours prior to your scheduled Coaching Session will result in the forfeit of that Coaching Session.  No refunds will be given for Coaching Sessions cancelled less than 24 hours prior to your scheduled appointment.

Community Forums

As part of the Program, you may elect to purchase permission to enter online private forums operated by LBH, whether on a website hosted by LBH or a third-party website or platform such as Thinkific, Mighty Networks, Zoom, Crowdcast, or a workshop/webinar or videoconferencing platform (collectively, the “Community Forums” and each individually, a “Community Forum.”)  

Please choose carefully the materials you upload to, submit to, or embed on any Community Forum operated by LBH and any third-party forums or platforms operated by LBH. Any material you post on LBH’s website or in any third-party forums or platforms operated by LBH may become public. You are responsible for your material and for any liability that may result from the material you post.  You participate, comment, and post material at your own risk. Any communication by you on LBH’s website and any third-party forums or platforms operated by LBH, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory, obscene or otherwise in violation of any law or the rights of others.

LBH, in its discretion, may delete or modify, in whole or part, any post, comment or submission to LBH’s and any third-party forums or platforms operated by LBH.  LBH does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. LBH neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on LBH website or any third-party forums or platforms operated by LBH. LBH shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the LBH website and any third-party forums or platforms operated by LBH.

You are strictly forbidden from the following:

• Causing damage to any LBH website or third-party forums or platforms operated by LBH;

• Using any LBH website or third-party forums or platforms operated by LBH for any unlawful, illegal, fraudulent or harmful purpose or activity;

• Using any LBH website or third-party forums or platforms operated by LBH to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software;

• Using any LBH website or third-party forums or platforms operated by LBH to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes;

• Systematically or automatically collecting data from any LBH website or third-party forums or platforms operated by LBH; or

• Sharing private and proprietary information from the Program with anyone else.

Username and Password

To access certain features of the Program, including the Content and Community Forums, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If LBH has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program or Content to any other person, LBH has the right to suspend or terminate your account and refuse any and all current or future use of the Program or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of LBH’s website Privacy Policy, accessible at www.lavendersbluehomeschool.com.  If you elect to use a pseudonym as a username in connection with the Program, you must notify LBH in writing of the pseudonym you intend to use.

Termination

LBH reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, in full or in part, or cancel any Coaching Session, at any time without notice. The restrictions imposed on you in these T&C with respect to the Program and its Content will still apply now and in the future, even after termination by you or LBH.

Personal Responsibility, Assumption of Risk, Disclaimers, and Indemnification

Some elements of the Program involve physical movement and use of equipment that may be dangerous, such as power tools.  You understand that physical activity and exercise are inherently risky and dangerous activities. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Releasees.

You accept personal responsibility for your and your children’s participation in the Program, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you or any third party for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your and your children’s participation in the Program, whether or not caused by the active or passive negligence of the Releasees.

In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total amount paid to LBH for the Program.

The Program and Content provide information and education only, and do not provide any medical or psychological services or advice.  None of the Program or Content prevents, cures or treats any mental or medical condition. The Program and Content is not intended to be a substitute for professional advice that can be provided by your own medical or educational professional.  You are responsible for your own and your children’s physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. LBH expressly disclaims any liability for your reliance on any opinions or advice contained in the Program.

LBH cannot and does not guarantee any particular academic or educational outcome from its Program, including but not limited to its Content, Coaching Sessions, or Community Forums.  Testimonials and past results of others do not predict or guarantee future results.

LBH tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, LBH cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LBH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LBH DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LBH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.

These Terms shall be governed by and construed in accordance with the laws of the State of New Hampshire, without giving effect to its conflict of laws. The nearest state and federal court to Peterborough, New Hampshire shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or Content, including but not limited to the Privacy Policy or these T&C. By using the Program or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.

LBH controls and operates the Program from offices in the United States. LBH does not represent that materials on the Program are appropriate or available for use in other locations. Those who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree to defend, indemnify and hold harmless LBH and its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees and independent contractors, agents, coaches, representatives, successors and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorneys’ fees) arising from or in connection with: (i) your use of the Program or Content in violation of these T&C, (ii) any breach by you of these T&C or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to LBH’s website or any third-party platform or website operated by LBH, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by LBH) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

You expressly agree that these T&C are intended to be as broad and inclusive as permitted by the law of the State of New Hampshire, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.

LBH may change, modify or update these T&C at any time without notice. Any access or use of the Program or Content by you after the Company publicly posts or distributes such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact support@lavendersbluehomeschool.com.

By clicking on the box when signing up for the Program, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document.  If you do not agree with these T&C, do not participate in the Program or Content.