Digital Products Terms of Use
This Agreement (“Agreement”) is made effective by and between Lorraine M. Hightower, LLC (the “Company”), and the purchaser of the digital product (hereafter “Client”), for the purpose of Client purchasing any digital product from Company’s online shop (the “Product”). Client agrees to the terms and conditions below by checking the box in the online shopping cart checkout or by submitting payment for the Product.
1. THE PRODUCTS. The Company agrees to provide the digital products to the Client as outlined below.
(a) After purchasing a digital product(s), Client will be given access to the product materials within [48 hours] through a sign-in link delivered in his/her email. The sign-in link will direct them to their personal online classroom where they will have access to the digital product(s) they have purchased. Client will have a year of access to the materials, from the date of purchase, so long as the product(s) is/are available.
(b) Client will have access to book a “Support Session” with a Certified Dyslexia Advocate at a discounted rate. This support session is charged in addition to the purchase of the digital materials, during the one (1) year of access to the materials, as long as this service is available. These sessions are 30-minute private consultations that will be held virtually. These sessions are optional and are offered as a supplement to digital product(s).
2. PRICE AND PAYMENT.
(a) The Client agrees to pay the Company the fee indicated on the online shopping cart. Payment may be made via a secure online credit card service upon enrollment.
(b) If any payment methods are declined by the online payment processor, Client shall provide a new eligible payment method before receiving access to the Product. In the event Client has already been given access to the Product and a payment method is declined, Company reserves the right to collect any and all outstanding receivables.
(c) Due to the nature of digital products being immediately accessible upon purchasing, payments or fees shall not be refundable under any circumstances.
(d) “Support Sessions” are available at an additional charge to the payment for the digital product. Payments for Support Sessions are required upon booking your appointment and are non-refundable for any reason. Appointments may be rescheduled using our online scheduling system up to the time of the appointment. Missed appointments or “no-shows” will not be refunded or rescheduled, however, Client may schedule a new appointment using our online scheduling service.
3. TERM AND TERMINATION.
(a) We may change, add or remove portions of these Terms of Use at any time, which shall become effective immediately upon posting to the website www.lorrainehightower.com.
(b) Client will have a year of access to the materials purchased, starting on the date of payment, so long as the product(s) is/are available.
(c) Client will have one year of access to “Support Sessions” with a Certified Dyslexia Advocate in conjunction with their purchase of a digital product, starting from the date of purchase.
4. CONFIDENTIALITY AND NONDISCLOSURE
(a) Lorraine Hightower and the Company are bound by the Standards and Code of Ethics of the Council of Parents, Attorneys and Advocates (COPAA) which states that all client records and information are maintained in adherence to federal and state confidentiality requirements. All information provided to Lorraine M. Hightower, LLC regarding the Client’s child will be regarded as strictly confidential and held by the Company in confidence. This information shall not be used or disclosed by the Company to any person whatsoever except with prior written permission from the Client or as required by law.
(b) Lorraine Hightower and the Company are not responsible for the confidentiality of information shared by the Client in group settings or via social media.
(c) At any time during the year of service, at the parent’s written request or three (3) years after the last contracted advocacy service provided, Lorraine M Hightower LLC and authorized staff, shall promptly return or destroy all confidential parent and student data and personally identifiable information in its possession, whether in written, electronic or other forms of media.
(d) Client will not plagiarize, sell or provide third parties Lorraine M. Hightower, LLC’s skills, strategies, and solutions provided to client or other proprietary information. These products were created by Lorraine M. Hightower, LLC and are subject to protection under the law as it pertains to proprietary information.
(e) Company’s original materials shall be provided to the Client for his/her individual use only and a single user license. Client shall not be authorized to use any of Company’s intellectual property for Client's business purposes. Client shall not be authorized to share, copy, distribute or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the company. All intellectual property, including Company’s proprietary course materials, shall remain the sole property of the company. No license to sell or distribute Company’s materials is granted or implied. You are being granted a limited license to use our Program, Products and Services, and Program Material with permission and restrictions. You are permitted to use our Programs, Products, Services, and Program Materials as follows: You may download and /or print Program Materials for your own personal use. However, you are not permitted to share, sell, reprint or republish any other of our Program Materials for resale or mass reproduction purposes for your own business use.
(f) Request for Permission to Use Content. Any request for written permission to use our Programs, Products, Services, or Program Materials, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by completing the “Get In Touch” form on our website www.lorrainehightower.com or by sending an email to advocacysupport@lorrainehightower.com.
5. INDEMNIFICATION.
Each party to this agreement hereby agrees, at its sole cost and expense to indemnify, defend and hold harmless including reasonable attorney’s fees the other party, its officers, employees, designates, and successors from and against all claims, demands, liabilities, actions, suits or proceedings asserted or claimed by third parties by reason of or resulting from the acts and/or omissions of the indemnifying party or from a breach of any of the covenants or negligent performance of this Agreement.
6. DISCLAIMER.
The Company provides guidance and training based on the experience, knowledge, and background of Lorraine Hightower and her team of Certified Dyslexia Advocates. The Company will make every effort to educate the Clients to obtain appropriate educational services for their child but cannot guarantee any particular outcome.
7. LIMITATION OF LIABILITY.
(a) The Company makes every effort to ensure that the Product is accurate and fit for the use of Company’s customers. However, Company takes no responsibility whatsoever for the suitability of the Product, and Company provides no warranties as to the function or use of the Product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for a particular purpose.
(b) In no event shall Lorraine M. Hightower, LLC’s aggregate liability arising out of or related to this Terms of Use (whether in contract or tort or under any other theory of liability) exceed the total amount paid by Client in the two (2) months before the claim arose. In no event shall Lorraine M. Hightower, LLC have any liability to Client, Client’s child, or any third party for any interruption of business, lost profits or revenues or for any indirect, special, incidental, consequential, cover, or punitive damages however caused, whether in contract, tort or under any other theory of liability, and whether or not the party has been advised of the possibility of such damages. The foregoing limitation shall not apply to the extent prohibited by applicable law.
9. MISCELLANEOUS.
(a) This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
(b) The terms and conditions of Paragraphs 2, 4, 5, and 7 hereof shall survive the termination of this Agreement and/or beyond completion of the one (1) year of access to the digital products.
(c) This Agreement shall be governed by the laws of the Commonwealth of Virginia and shall be binding on the parties, their heirs, assigns, and successors.
(d) This Agreement constitutes the entire understanding between the Company and the Client respecting the Services described herein. This Agreement may be modified only in writing and signed by both parties.
(e) If any part, term, or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected thereby.
(f) The failure of either party to exercise its rights under this Agreement shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach.
(g) Lorraine M. Hightower, LLC is not a law firm and Lorraine Hightower and her team of Certified Dyslexia Advocates are not lawyers. Educational advocacy services are not legal services and are not intended to be a substitute for competent legal advice where necessary.