Terms & Conditions

Introduction
Acceptance of Terms
Eligibility
Changes to the Terms
Registration; identity verification
1. Registration
2. Identity Verification
Access And Use Of The Site and services
CHILDREN UNDER THE AGE OF 16
Privacy And Data Collection
Prohibited Uses And Conduct
Intellectual Property Rights
User Content
CONTENT STANDARDS
Third-Party Links
Linking to the Website and Social Media Features
Disclaimers
RELIANCE ON INFORMATION
Limitation Of Liability
Indemnification
Dispute Resolution and Arbitration Agreement
1. Arbitration
2. Class Action Waiver; Jury Trial Waiver
3. Waiver of Mass Arbitration Filings
4. Exception – Litigation of Small Claims Court Claims
5. Scope of Arbitration; Governing Law; Venue
6. Thirty Day Right to Opt-Out
GEOGRAPHIC RESTRICTIONS
Governing Law
California Users and Residents
WAIVER AND Severability
MOBILE APPLICATIONS
Contact Information
ENTIRE AGREEMENT
MISCELLANEOUS
CONTACT INFORMATION

1.INTRODUCTION

These general terms and conditions of use, together with any document they expressly incorporate by reference (collectively “Terms”) apply to all products and services provided by Harvest Learning Group, LLC, a Missouri limited liability company (“Harvest”) and its subsidiaries, and govern your access to and use of our websites, web services, and mobile applications, including but not limited to www.HarvestSolutions.com the Harvest Mobile App (collectively, the “Site”). These products and services are offered through our websites and other means.

When these Terms use the words “we,” “us,” and “our,” we mean Harvest and its affiliates. When these Terms speak of “you” or “your” it means anyone who uses or purchases the products or services that we offer.

We offer you a range of products and services. We refer to these products and services as our “Services”. Our Services include:

www.HarvestSolutions.com
The Harvest Mobile App

In order to use our Services, you must fulfill your responsibilities as provided in these Terms and any applicable Product Terms and Conditions. When we use the term “Customer Agreement”, we mean your agreement to these Terms, any applicable Product Terms and Conditions that apply to the particular Products or Services that you use, and our Privacy Policy. The Privacy Policy is incorporated herein by reference.

THE SERVICES ARE NOT INTENDED TO PROVIDE YOU WITH ANY MEDICAL, LEGAL, INVESTMENT, FINANCIAL, OR RELATED ADVICE OF ANY KIND. NOTICE REGARDING DISPUTE RESOLUTION AND MANDATORY ARBITRATION: THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF ANY AND ALL CLAIMS BETWEEN YOU AND HARVEST (SEE SECTION __ BELOW), INCLUDING AN AGREEMENT AND OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH SECTION __. UNLESS YOU OPT-OUT OF BINDING ARBITRATION: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

2.ACCEPTANCE OF TERMS

These Terms apply to all users of the Services, whether or not you have a paid membership or subscription. By accessing or using the Services, you agree to comply with and be bound by these Terms, our Privacy Policy, and any supplemental terms referenced or linked to herein. If you do not agree, you may not access or use the Services.

3. ELIGIBILITY

The Site and the Services are offered and intended for users who are at least sixteen (16) years old or older and reside in the United States or any of its territories. If you are not at least sixteen (16) years old or do not reside in the United States or any of its territories, please do not access, visit, or use the Site or the Services. By using this Services, you represent and warrant that you are at least 16 years of age and meet all of the foregoing eligibility requirements.

4. CHANGES TO THE TERMS

We reserve the right to change or modify these Terms without any special prior notice to you. We will, however, always post the changed Terms on the Site. The revised Terms will automatically be effective once they are posted, and your continued use of our Services after any changes means you agree to the changes, and they become part of your Customer Agreement. We also reserve the right to change, modify or discontinue, temporarily or permanently, the Site (or any portion of the Site) and/or the information, materials, products, and/or services available through the Site (or any part thereof) at any time without notice. You also agree that Harvest, in its sole discretion, may terminate your password, account (or any part thereof), or use of the Site for any reason, including, without limitation, for lack of use or if Harvest believes that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Site for violation of any provision of these Terms may be effected without prior notice, and you acknowledge and agree that Harvest may immediately deactivate or delete your account and all related information in your account and/or bar any further use of or access to the Site. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any portion of the Site).

5.REGISTRATION; IDENTITY VERIFICATION

A. Registration
As a condition of using certain features of the Service, you may be required to register through the Site and select a password and user I.D. You may be required to provide personal and/or financial information. You expressly represent, warrant, and agree that any information you give to Harvest will be accurate, correct, and complete. If you provide any information that is, or that Harvest has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, Harvest may, without notice, suspend or terminate your access and use of the Services, refuse to provide you with any and all current or future use of the Services, and report the incident to law enforcement. If applicable, you may be required to provide valid credit card information. By providing your credit card information, you authorize Harvest to charge such credit card for your financial obligations relating to your access and use of the Services. You may not: (1) select or use as a user I.D. a name of another person with the intent to impersonate that person; (2) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (3) use as a user I.D. a name that is otherwise offensive, vulgar, or obscene. We reserve the right to refuse registration of, or to cancel a user I.D., in our sole discretion. You shall be responsible for maintaining the confidentiality of your user I.D. and password. You are responsible for immediately notifying us if your user I.D. or password are compromised. Unless notified, we are entitled to assume any instructions issued from your user I.D. are valid. Harvest reserves the right to refuse registration of or to cancel a user account for any reason.

B. Identity Verification

As a condition of using certain features of the Service, you may be required to provide a copy of a government issued form of identification bearing your photograph, such as a driver's license or passport, for the purpose of verifying your identity. By providing such documentation, you agree that an image of this identification may be provided to law enforcement or correctional staff.

6.ACCESS AND USE OF THE SITE AND SERVICES

The right we give you to access the Site and to use our Services (a) is personal to you and does not extend to anyone else, (b) is nonexclusive, (c) is non-assignable, and (d) must be consistent with your Customer Agreement. You agree not to use or attempt to use any software, tool, agent or other device or mechanism (including, without limitation, any type of spider, web crawler, or robot) to navigate, search, and/or extract information from the Site.

You may not share your log-in credentials (including your password) with any other person whatsoever or publish any log-in credentials (or related information) on any public-facing medium. Any violation of this clause will constitute a material breach of these Terms and may result in Harvest blocking your access to the Services. In any event, you will be responsible and liable for any access to or use of any Services (including, without limitation, any fee-based transactions) by you or any person or entity using your password/log-in credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent.

Violating the security and any Terms applicable to the Site and Services is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and we may involve (and we will cooperate with) law enforcement if a criminal violation is suspected.

Creating or maintaining any link from another website or application to any part of the Site without our prior written permission is prohibited. Running or displaying the Site or any information or material displayed on the Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Site must comply will all applicable laws, rules, and regulations.

7.CHILDREN UNDER THE AGE OF 16

Our Services are not intended for children under 16 years of age. No one under age 16 may provide any personal information to or on the Site. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Site or through any of its features, register on the Site, use any of the interactive or public comment features of this Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at 417-862-5000

8. PRIVACY AND DATA COLLECTION

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

The Harvest Privacy Policy describes how we collect, use, share and protect your personal information Your information may be stored and processed in the United States or any other country where Harvest has facilities and/or in which we engage service providers, and by using a Service online, you consent to the transfer of information outside of your country. If your access to a Service has been provided by or through a third party (for example, your employer or an education institution where you are a student) (each, a “Third Party Payer”), the Third Party Payer may have provided us with information about you (such as your email address or name) to enable us to provide you with access to a Service and distinguish you from other users. If you access a Service using a password, you are solely responsible for maintaining the confidentiality of that password. You agree to notify us promptly if you change your billing or delivery address or email address, as applicable, so we can continue to contact you and send any notices described hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address shall be deemed sufficient notice.

9. PROHIBITED USES AND CONDUCT

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person. Make improper use of our support services or submit false reports of abuse or misconduct. Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Use the Services to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.
To use the Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

10. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services “AS IS” for your personal, noncommercial use only.

Subject to your compliance with these Terms, including the “PROHIBITED USES AND CONDUCT” section herein, we grant you a non-exclusive, non-transferable, revocable license to access the Services.

Except as set out in this section or elsewhere in these Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Terms, please address your request to: info@thehlg.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

The company name, the company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Harvest or its affiliates or licensors. You must not use such marks without the prior written permission of Harvest. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of the Terms and your right to use our Services will terminate immediately.

11.USER CONTENT

Please review this section and the “PROHIBITED USES AND CONDUCT” section and the “CONTENT STANDARDS” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

We may offer you the opportunity to comment on and engage in discussions regarding our Content. Any content, information, graphics, audio, images, and links you submit as part of creating your profile or in connection with any of the foregoing activities are referred to as “User Content” in these Terms and are subject to various terms and conditions as set forth below.

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”) or by submitting any other User Content, you grant to us a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable right and license to use, distribute, publicly perform, display, translate, adapt, reproduce, and create derivative works from your User Content in any and all media or technology, now known or later developed, in any manner, in whole or part, with or without attribution, without any duty to compensate you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you agree as follows:

You confirm that you have read and agree with our “PROHIBITED USES AND CONDUCT” and “”CONTENT STANDARDS”, and you will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
You waive all moral rights you may have in any User Content. You agree that we may modify or alter your User Content without seeking further permission from you. You also grant us the right to authorize the use of User Content, or any portion thereof, by subscribers and other users in accordance with the terms and conditions of these Terms, including the rights to feature your User Content specifically on the Services and to allow other subscribers or users to request access to your User Content;
You warrant that any such Submissions are original to you and/or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
You represent and warrant that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse Harvest for any and all losses that Harvest may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

12. CONTENT STANDARDS

These content standards apply to any and all Submissions and use of Interactive Services. Submissions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Submissions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

13. THIRD-PARTY LINKS

We may allow other parties to offer and provide you products and services on the Site. The only products and services that we operate, control or endorse are our Products and the Products that are identified as being supplied by us. We are not responsible for the products or service of any other businesses or individuals, the availability of those websites, or the content of their websites.

The Site may also contain links to other websites that are not operated by us. Harvest does not endorse the businesses or individuals that operate those websites except as expressly stated on the Site. We provide these links only for your convenience. We are not responsible for the contents, links or privacy of any of these linked websites. Your access to any other website linked to the Site is at your own risk. When leaving the Site, you should carefully review the applicable terms of use and privacy policies of that other website because there may be important differences when compared to our Terms and our Privacy Policy. Harvest expressly disclaims all responsibility and liability for any services, products, content, advertising, or other materials on or such third-party websites or otherwise made available from such third-parties. THESE TERMS DO NOT APPLY TO THIRD-PARTY APPS AND WEBSITES, INCLUDING THE CONTENT OF AND YOUR ACTIVITY ON THOSE APPS AND WEBSITES. HARVEST IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, ADVERTISING, SERVICES, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH THIRD PARTIES OR THEIR WEBSITES. The use of any services provided by third parties are subject to the terms of use and privacy policy of the applicable third-party service provider.

14. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Site may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Site other than the homepage.
Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.

15. DISCLAIMERS

YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT, TOOLS, AND OTHER BENEFITS, PRIZES AVAILABLE THROUGH THE SERVICES IS ON AN “AS-IS”, “AS AVAILABLE” BASIS. WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION (A) ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF A SERVICE, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY US, INCLUDING ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THE SERVICES OR AVAILABLE THROUGH THE SERVICES, AND WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE DO NOT GIVE TAX OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. YOU SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL FOR TAX AND INVESTMENT ADVICE. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED (A) THAT THE INFORMATION PROVIDED THROUGH THE SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, (B) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION (C) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR (D) THAT THE CONTENT ON THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THE SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES.

16. RELIANCE ON INFORMATION

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Harvest, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Harvest. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

17. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event shall Harvest, its employees, officers, representatives, agents, or third party suppliers be liable for any damages, losses or liabilities including, without limitation, direct or indirect, punitive, incidental, special, consequential or other damages, losses or expenses of any kind, including but not limited to, any lost profits, lost data, lost savings, or loss of use, whether based on breach of contract, breach of warranty, tort, or any other legal theory, arising out of or in any way connected with (i) the use or inability to use the Site or the Services; (ii) reliance on or use or inability to use the information, materials, content, products, software, or services provided through the Site and Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on our Site or Services; (v) the delay or failure in performance resulting from an act of god, natural disasters, communications failure, governmental actions, wars, strikes, labor disputes, riots, shortages of labor or materials, vandalism, terrorism, non performance of third parties or any reasons beyond their reasonable control; (vi) in connection with any failure of performance, error, omission, interruption, defect, delay, or degradation in operation or transmission, computer virus or line or system failure, even if Harvest or its third party suppliers are advised of the possibility of such damages, losses, or expenses. Your sole remedy for dissatisfaction with the Site and/or Services is to stop using the site and/ or those services. Applicable law may not allow the limitation of liability, implied warranties or the exclusion or limitation of certain damages set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Harvest under such circumstances for liabilities that otherwise would have been limited shall not exceed One Hundred and 00/100 Dollars ($100.00).

18. INDEMNIFICATION

You agree to indemnify and hold harmless us, our parent, subsidiaries, and affiliates, and respective successors and assigns, owners, directors, officers, managers, employees, shareholders, agents, representatives, advertisers, operators, suppliers, service providers and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising in any way out of or in connection with your use of a Service, your breach or violation of these Terms, or your User Content. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise under this Section 18. In such event, you shall provide us with such cooperation as is reasonably requested by us.

19. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

PLEASE READ THIS FOLLOWING CLAUSES CAREFULLY – THEY MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

A. Arbitration

In the event of a dispute, the party seeking relief must first send to the other party a written statement with their name, address, contact information, the facts about the Dispute, and relief requested (the “Dispute Notice”). Dispute Notices must be addressed to [ADDRESS], ATTN: Legal Department. The parties, which means you and Harvest, shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms (including its formation, performance, and breach) and the Service shall be finally settled by binding arbitration, excluding any rules or procedures governing or permitting class actions. Except as otherwise set forth herein, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.

B. Class Action Waiver; Jury Trial Waiver

THE PARTIES, WHICH MEANS YOU AND HARVEST, FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS, AND HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY.

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

C. Waiver of Mass Arbitration Filings

You and Harvest waive the right to file any dispute as part of a Mass Arbitration Filing. A “Mass Arbitration Filing” includes instances in which you or Harvest are represented by a law firm or collection of firms that has filed 25 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or Harvest's behalf, and the law firm or collection of firms seek to simultaneously arbitrate all arbitration demands. No arbitrator shall arbitrate any Mass Arbitration Filing. If this waiver of Mass Arbitration Filings is deemed unenforceable, neither you nor Harvest is entitled to arbitration; instead all Disputes will be resolved in court as noted below and subject to Section 17.B.

D. Exception – Litigation of Small Claims Court Claims

Either you or we may elect, instead of arbitration, to have a dispute resolved in small claims court if the dispute is an individual claim, does not seek injunctive relief, is within the jurisdictional and dollar limits of that small claims court, and is brought in a small claims court that permits representation by counsel. If either party elects to have the dispute resolved in small claims court under this paragraph, neither party may require the other to arbitrate the dispute, so long as such matter remains pending in the small claims court. If an arbitration has been initiated, the other party has thirty (30) days to make an election under this paragraph. Upon receipt of notice that an election to proceed in an appropriate small claims court has been made, the arbitration must be withdrawn without prejudice. Notice of such an election to Harvest shall be made by either: (1) mailing a letter via first class or registered mail to Harvest Learning Group, LLC, Attn: Legal Department, [ADDRESS]; or (2) by email to [EMAIL ADDRESS], with the subject line stating “Attn: Legal Department, Notice of Informal Dispute Resolution Attempt.” Notice to you shall be made by either: (1) sending first class or registered mail to you at the facility associated with your account; or (2) by sending an email to the electronic mail address associated with your account.

E. Scope of Arbitration; Governing Law; Venue.

All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the waiver provisions in 17.B and 17.C are for the court to decide. Missouri law applies to any arbitration under these Terms. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Greene County, Missouri. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Greene County, Missouri, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in Greene County, Missouri.

F. Thirty Day Right to Opt-Out

You have the right to opt-out and not be legally bound by the arbitration and class action waiver provisions set forth in this Section by sending written notice of your decision to opt-out to the following address: [ADDRESS], Attn: Arbitration Opt-Out. The notice must be sent within thirty (30) days of the date you have agreed to these Terms; otherwise, you shall be legally bound to arbitrate disputes in accordance with the terms set forth above. If you elect to opt-out of these arbitration provisions, we also will not be legally bound by them. If you opt out of these arbitration provisions, all other parts of the Terms will still apply to you. Opting out of these arbitration provisions has no effect on any other current or future arbitration agreements you may have with us. This opt-out does not apply to the class action waiver in Section 17.B.

20. GEOGRAPHIC RESTRICTIONS

The Services is intended exclusively for a United States audience. If you access the Services from a country other than the United States, your use of the Services is unauthorized and at your own risk.

21. GOVERNING LAW

You agree that these Terms, as well as any and all claims and disputes arising from these Terms will be governed by and construed in accordance with the laws of the State of Missouri, United States of America, without regard to any conflict or choice of law principles.

22. CALIFORNIA USERS AND RESIDENTS

NOTICE TO CALIFORNIA USERS. Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: We are located at 1531 E Bradford Pkwy, Suite 315, Springfield, MO 65804. If you have a question or complaint regarding the Service, please contact us by email or by toll free telephone number using the information supplied through the “Contact Us” link on the Site. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

23. WAIVER AND SEVERABILITY

No waiver by Harvest of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Harvest to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If for any reason an arbitrator or court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be invalid or unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to give effect to the intent of these Terms, and otherwise will be severable with the remainder of the provision and Terms continuing to be valid and enforceable in full force and effect.

24. MOBILE APPLICATIONS

If you downloaded the Harvest App from the Apple App Store®, the following terms also apply to you:

Acknowledgement: You acknowledge that this Agreement is between you and Harvest only, that Apple is not a party to this Agreement, and that Harvest, and not Apple, is responsible for the Apps and the content thereof.
Scope of License: The license granted to you for the Apps is a limited, non-transferable, and revocable license to use the Apps on an Apple device that you own or control and only as permitted by the Apple App Store’s terms.
Maintenance and Support: Harvest, and not Apple, is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Apps. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps.
Warranty: Harvest is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App’s purchase price to you.
Product Claims: Harvest, not Apple, is responsible for addressing any product liability claims or any other claims related to the Apps and their use.
Third-Party Terms of Agreement: You must comply with applicable third-party terms when using the Apps.
Intellectual Property Rights: In the event of any third-party claim of intellectual property infringement by the Apps, Harvest, and not Apple, is responsible for the defense and resolution of such claims.
Legal Compliance: You represent and warrant that you are not located in a U.S. embargoed country and that you are not part of any government list of prohibited or restricted parties.

Maintenance and Support: Harvest, and not Google Play, is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Apps. You acknowledge that Google Play has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps and you will contact Harvest concerning any defects or performance issues with respect to the Apps.

25. CONTACT INFORMATION

If you have any questions about these Terms, you may contact us by email at info@thehlg.com or by postal mail at 1531 E Bradford Pkwy, Suite 315, Springfield, MO 65804, Attn: Legal Dept. If you have any questions regarding the Service or your account, or if you would like to cancel your account, please contact our Customer Service team using the information supplied through the “Contact Us” link on the Site.

26. ENTIRE AGREEMENT

Except as otherwise specifically set forth in these Terms, these Terms contain the final and entire agreement between you and us regarding your use of the Services and any aspect of the relationship between you and us and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time.

27. MISCELLANEOUS

These Terms are personal to you, which means that you may not assign or transfer your rights or obligations under these Terms to anyone, but our rights and obligations under these Terms may be assigned or transferred by us without restriction, notice or other obligation to you. No third party (other than Harvest’s affiliates providing or facilitating any Services hereunder) is a beneficiary of these Terms. All rights not expressly granted to you hereunder are reserved to us and our licensors. The failure of Harvest to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. We reserve all rights not expressly granted to you.

No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind Harvest in any respect whatsoever.

We shall not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including, but not limited to, acts of God, war, terrorism, pandemics, riots, embargos, acts of civil or military authorities, government, cyber attacks attributable by public or private parties to state or quasi-state actors, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

28. CONTACT INFORMATION

If you have any questions about the Site, the Services, or these Terms, please contact us using the following contact information:

Harvest Learning Group, LLC
531 E Bradford Pkwy, Suite 315
pringfield, MO 65804
Email: info@thehlg.com
Phone: 417-862-5000