Terms Of Service
Terms and Conditions
1. User’s Acknowledgment and Acceptance of Terms
By accepting the Terms of the Agreement, the User:(a) represents and warrants that s/he is of at least 18 years of age(b) agrees to provide accurate, current and complete information about User as prompted by the Account Registration Form; and(c) agrees to maintain and update this information to keep it accurate, current and complete.
If any information provided by User is inaccurate, not current or incomplete, Boy-Responsive Literacy Consulting, LLC has the right to terminate User's account.
2. Description of Services
Boy-Responsive Literacy Consulting, LLC makes various services available on this website including, but not limited to, providing information to individuals interested in the subject of helping aliterate boys want to read for pleasure in the form of online ebooks, print books, courses, coaching and consulting. You are responsible for providing, at your own expense, all equipment necessary to use the services. including a computer, modem, and Internet access (including payment of all fees associated with such access).
3. Registration Data and Privacy
In order to access the services on this website, you may be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required.
a. In order to access the resources on this website, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access the resources on this website. Accordingly, you are responsible for all activities that occur under your account.
c. Accessing (or attempting to access) any of the resources on this website by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of the resources on this website through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our resources, including the servers and/or networks to which our resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our resources is strictly prohibited.
f. You are solely responsible for any consequences, losses, or damages that may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. You agree to indemnify and hold harmless Boy-Responsive Literacy Consulting, LLC and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the website may be available to you or other authorized users of the website. You shall not interfere with anyone else’s use and enjoyment of the website or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
4. Third Party Websites and Information
This website may link you to other websites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive. These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either express or implied.
5. Intellectual Property Information
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this website will not infringe the rights of third parties. See “Unauthorized Use of Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
6. Unauthorized Use of Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.
We respect the intellectual property of others, and we ask you to do the same. It is Boy-Responsive Literacy Consulting, LLC's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law, and to terminate the accounts of repeat infringers.
If you or any user of this website believes its copyright, trademark or other property rights have been infringed by a posting on this website, or any other website, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon, or other information sufficient to specify the copyrighted work being infringed.
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing website or other content (email address is preferred).
5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
7. Sign the paper.
8. Send the written communication to the following address:Boy-Responsive Literacy Consulting, LLC25 Old Kings Highway, NSuite 13-189Darien, CT 06820Designated Agent for Claimed Infringement:Hillary Tubin
Contact: Boy-Responsive Literacy Consulting, LLCEmail: email@example.com
7. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE, FROM US, OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS, OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.THIS WEBSITE COULD INCLUDE TECHNICAL, OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.THE USE OF THE SERVICES OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this website, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this website are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
8. Limitation of Liability
IN NO EVENT SHALL BOY-RESPONSIVE LITERACY CONSULTING, LLC OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE.FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOY-RESPONSIVE LITERACY CONSULTING, LLC AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:(1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;(2) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:(B) ANY CHANGES WHICH BOY-RESPONSIVE LITERACY CONSULTING, LLC MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE);(C) YOUR FAILURE TO PROVIDE BOY-RESPONSIVE LITERACY CONSULTING, LLC WITH ACCURATE ACCOUNT INFORMATION;(D) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.THE LIMITATIONS ON BOY-RESPONSIVE LITERACY CONSULTING, LLC'S LIABILITY TO YOU IN THE ABOVE PARAGRAPH SHALL APPLY WHETHER OR NOT BOY-RESPONSIVE LITERACY CONSULTING, LLC HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Upon a request by Boy-Responsive Literacy Consulting, LLC, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
The information on the website is intended for educational and informational purposes only. It should not be treated as advice or substitute for seeking help from a qualified professional. If advice concerning reading disabilities or related matters is needed, the services of a qualified professional should be sought.
11. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
12. International Use
Although this site may be accessible worldwide, we make no representation that materials on this website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this website is void where prohibited.
15. Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
15.1 Boy-Responsive Literacy Consulting, LLC may terminate User Account without any prior notice if User has materially breached or is otherwise not in compliance with any provision of the Agreement, and such breach or noncompliance is not cured within such thirty (30) day period. Boy-Responsive Literacy Consulting, LLC reserves the right to immediately suspend or terminate any User, and/or restrict User's access to the Service until any breach or noncompliance is cured.
TERMINATION FOR ILLEGAL OR OTHER ACTIVITY: Boy-Responsive Literacy Consulting, LLC may, but has no duty to, immediately terminate User Account and remove it from the Service servers if in its sole discretion, Boy-Responsive Literacy Consulting, LLC concludes that User is engaged in illegal activities or the sale of illegal or harmful goods or services, or is engaged in activities or sales that may damage the rights of Boy-Responsive Literacy Consulting, LLC or others. Any termination under this Section shall take effect immediately, and User expressly agrees that it shall not have any opportunity to cure.
WAIVER: Member expressly waives any statutory or other legal protection in conflict with the provisions of this Section 15.1.
DELETION OF INFORMATION: Upon termination, Boy-Responsive Literacy Consulting, LLC reserves the right to delete from its servers any and all information contained in User's account including, but not limited to, order processing information, mailing lists, and any data generated by the Service software.
16. Governing Law
This website (excluding any linked websites) is controlled by Boy-Responsive Literacy Consulting, LLC. By accessing this website, you agree that the laws in which the owner of hillarytubin.com resides, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, exclusively govern all matters relating to the use of this website, its content, and the purchase of any services through this website. You agree to bring all legal claims relating to its function, content, services, or any other aspect of the website and its operation exclusively in United States courts. You hereby agree to subject to the personal jurisdiction by such courts, and waive any objections to such jurisdiction, venue, or forum non conveniens.
All notices to a party shall be in writing and shall be made via email. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, notices or messages may be broadcasted through the website to inform you of changes to the website or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
18. Entire Agreement
19. Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against Boy-Responsive Literacy Consulting, LLC shall be limited to the amount you paid, provided: you immerse yourself in the coaching calls, training modules, listen to the audios/recordings provided, complete the worksheet exercises, ask for feedback and support on our calls and in any groups connected to the material. If you participate and fully complete all of the activities and materials, and you find the program you invested in isn’t for you, just let us know and we will refund 100% of your investment. All you need to do is send us your worksheets to show us you fully committed to the process and your proof of purchase.
Boy-Responsive Literacy Consulting, LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using the resources on this website, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
You agree that Boy-Responsive Literacy Consulting, LLC may provide you with notices, including those regarding changes to the Agreement, by email, or posting on this website.
If you have any questions regarding the Agreement, please contact us at any time: email@example.comSubject: Boy-Responsive Literacy Consulting, LLC AgreementPostal Address:
Boy-Responsive Literacy Consulting, LLC25 Old Kings Highway, NSuite 13-189Darien, CT 06820
Terms and Conditions of Sale
1. Sale and Purchase of ServicesBoy-Responsive Literacy Consulting, LLC (“Seller”) hereby agrees to sell, and You (“Buyer”) hereby agree to purchase, services of the description and quantity described on the checkout window (“Checkout”) and incorporated herein by this reference (“Services”) on the terms and conditions set forth in this Agreement.
2. Purchase PriceBuyer agrees to pay the Purchase Price of the Services as posted on this website attached hereto. If Buyer is located in the EU, sales tax will be added to the Purchase Price upon CheckOut.
3. Payment TermsAll payments for Services on this site are made via PayPal or Stripe payment services.
4. Limited WarrantyIn conjunction with the Limitation of Liabilities as explained above, you expressly understand and agree that any claim against Boy-Responsive Literacy Consulting, LLC shall be limited to the amount you paid, provided: you immerse yourself in the coaching calls, training modules, listen to the audios/recordings provided, complete the worksheet exercises, ask for feedback and support on our calls and in any groups connected to the material. If you participate and fully complete all of the activities and materials, and you find the program you invested in isn’t for you, just let us know and we will refund 100% of your investment. All you need to do is send us your worksheets to show us you fully committed to the process and your proof of purchase.
5. Disclaimer of Warranty/Limitation of LiabilitySeller undertakes no responsibility for the quality of the Services or that the Services will be fit for any particular purpose for which Buyer may be buying the Services, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE “SELLER AFFILIATES”) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE SERVICES OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER’S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE SERVICES ACTUALLY PROVIDED TO AND PAID FOR BY BUYER HEREUNDER.SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE SERVICES AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE SERVICES.
6. Force Majeure
Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the services in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the services or the manufacturing facility for the Services, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Services. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
Buyer may not assign this Agreement without Seller’s written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Services, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of Sweden, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of Sweden and hereby waives any objection to such jurisdiction and venue.
Collecting personal information from children under the age of 18 (“minor children”) through the Services or the Website is prohibited. No Content should be directed toward minor children. Minor children are not eligible to use the website, and we ask that they do not submit any personal information to us.
9. Acceptance and Acknowledgment of Terms