TERMS AND CONDITIONS

NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, Schoolhouse Learning, Inc. a Delaware corporation (“Company”), and Client (collectively, the “Parties”), has consented to and agrees to the terms and conditions as identified below, agree as follows (the “Agreement”):

1. Use of Website. Client is granted permission for limited access to the website www.freedomtohomeschool.com (“Website”) in exchange for consent to this Agreement. Access to the website is contingent upon consent to all the terms and conditions herein and access may be revoked at any time at Company’s sole discretion. Client shall not abuse access to the Website by using malware, bots, and/or spiders to access the Website. The content of the Website is protected content and cannot be copied or reproduced without Company’s express written consent.
2. Personal information. Client shall provide to Company client’s personal information, which shall include but is not limited to names, number of children, annual household income, phone number, address, email address, and receipts (“Confidential Information”). The Confidential Information shall be used by Company for internal purposes only and shall not be shared with third parties without Client’s express written consent. In the event Company uses cookies, web beacons, and other technologies to receive and store certain types of information when Client interacts with Website, that information will be used to help Company recognize Client, personalize Client’s website experience, and store information between visits to the Website. Examples include pages visited, type of browser/device/ hardware, purchase information, IP based geographic location and search terms.
3. Refusal of Service. The Company reserves the right to refuse service to anyone.
4. Minors. Minors shall not be permitted to use the Website without parental supervision.
5. Rules and Regulations. Client agrees that this Agreement shall be performed in accordance with the Company’s rules and regulations, including, without limitation, rules relating to management, health, safety, hours of operation and location of advertisement, as may be applicable to this Agreement. Client agrees to comply with the Company’s Rules and Regulations that are posted on the Company’s website at https://www.freedomtohomeschool.com and incorporated herein by reference.
6. Indemnification. Each party shall hold harmless, defend and indemnify the other party, its affiliates and their respective employees, officers, directors, owners, volunteers and agents from and against any and all actions, suits, claims, liability, loss, damage, expense, costs (including without limitation costs, attorney’s fees and fees of litigation) of every nature arising out of, or in connection with, any damage to any property or any injury caused to any person (including death) caused by the indemnifying party’s gross negligence or intentional misconduct or its failure to comply with any of its obligations contained in this Agreement, including any acts or omissions on the part of the indemnifying party, its employees, officers, directors, independent contractors, representatives, guests, patrons invitees or other agents except such loss, injury or damage which was caused by the willful misconduct of the indemnified party. The Parties shall notify each other of any damage or injury of which it has knowledge in, to, or near the Premises, regardless of the cause of such damage or injury.
7. Limitation of Liability. The Company shall not be liable to Client for indirect, special, incidental, punitive or consequential damages arising out of or relating to this Agreement or Client’s use of the Website. The Company does not guarantee the Website is free from errors or misinformation nor shall Company be liable for Client’s reliance on any information contained therein.
8. Force Majeure. In the event that the Company’s performance of this Agreement is prevented, restricted or interfered with by reason of act of God, hurricanes, wars, revolution, civil commotion, acts of public enemy, embargo, acts of government in its sovereign capacity, labor difficulties, boycotts, or any other circumstances, resulting in, but not limited to the cancellation of any scheduled event, the Parties shall be excused from such performance on a day-to-day basis during the continuance of such prevention, restrictions, or interference and the same shall not constitute a breach of this Agreement by each party. In no event shall the Company be liable for any additional costs or damages suffered by Client arising out of a rescheduling or cancellation of the event.
9. Assignment. Client shall not assign, pledge or otherwise transfer or encumber this Agreement, or any of Client’s rights and obligations hereunder without the prior written consent of the Company, which consent may not be unreasonably withheld. Company shall have the right to assign, convey, pledge and encumber in whole or part any and all of its rights under this Agreement. If the Company fully assigns its rights hereunder, either voluntarily or involuntarily, the Company shall be released from any further obligations under this Agreement and Client shall look solely to the assignee for performance obligations arising thereafter. Client agrees to execute and deliver those instruments reasonably required to effect the provisions of this Section.
10. Attorney’s Fees. In the event of a dispute arising under this Agreement, whether or not a lawsuit or other proceeding is filed, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs, including attorneys’ fees and costs incurred in litigating entitlement to attorneys’ fees and costs, as well as in determining or quantifying the amount of recoverable attorneys’ fees and costs. The reasonable costs to which the prevailing party is entitled shall include costs that are taxable under any applicable statute, rule, or guideline, as well as non-taxable costs, including, but not limited to, costs of investigation, copying costs, electronic discovery costs, telephone charges, mailing and delivery charges, information technology support charges, consultant and expert witness fees, travel expenses, court reporter fees, and mediator fees, regardless of whether such costs are otherwise taxable.
11. Choice of Law. This Agreement shall be governed, both as to interpretation and enforcement, by the laws of the State of Florida and, as necessary, in the courts in that jurisdiction, without regard to any principles of conflicts of law. Any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Agreement or the transactions contemplated hereby shall be brought in the federal court or state court located in Miami-Dade County in the State of Florida, and each of the Parties hereby consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or there after have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding brought in any such court has been brought in an inconvenient form. Process in any such suit, action or proceeding may be served on any person anywhere in the world, whether within or without the jurisdiction of any such court. The Parties acknowledge that the courts of the State of Florida are a convenient forum for a resolution of any disputes hereunder.
12. Waiver of Jury Trial. THE PARTIES HERETO, AFTER HAVING THE OPPORTUNITY TO REVIEW THE SAME WITH LEGAL COUNSEL OF THEIR CHOICE, HEREBY KNOWINGLY AND IRREVOCABLEY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARISING UNDER THIS AGREEMENT AND AGREE TO SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF A COURT OF SUBJECT MATTER JURISDICTION LOCATED IN Miami-Dade COUNTY, FLORIDA.
13. Non-Waiver. No waiver by either party of any default in the terms, covenants, or conditions hereof to be performed, kept or observed by the other shall be construed to be or act as a waiver of any subsequent default of any of such terms. Acceptance of payments by the Company for any period or periods after a default of any of the terms, conditions and covenants herein contained shall not be deemed a waiver of any right or remedy.
14. Severability. If any part of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
15. Headings. The headings for sections herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
16. Entire Agreement. This Agreement constitutes the entire agreement between the Company and Client and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement.