TERMS AND CONDITIONS 

HERE this NOW is committed to high standards of social and financial ethics.  The language used in these Terms and Conditions is standard and outlines in legal terms what you, our customer, can expect from us as a business.  We value our customers as courageous voices for change.  If for any reason you are dissatisfied with our service, please contact us so that we may respond directly.

Last updated: November 17, 2020

Please read these terms and conditions carefully before using Our Service.

INTERPRETATION AND DEFINITIONS  

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions
For the purposes of these Terms and Conditions:

  • Affiliate means consultants operating as authorized representatives of HERE this NOW, LLC and partners of HERE this NOW, LLC
  • Country refers to: New Hampshire, United States
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to HERE this NOW, LLC, Guernsey Professional Building 70 Main Street Suite 401-13, Peterborough, NH 03449.
  • Goods refer to the products and services offered for sale on the Service.
  • Orders mean a request by You to purchase Goods from Us.
  • Service refers to the Website.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to HERE this NOW, accessible from <https://herethisnow.org>
  • You means the individual accessing or using the Service, or the legal entity on behalf of which such individual is accessing or using the Service, as applicable.

ACKNOWLEDGEMENT 

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Use of the Service, including all information and educational materials presented herein by HERE this NOW, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, potential clients, and all others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not conduct business with those under 18.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Website, and tells You about Your privacy rights and how the law protects You.

YOUR INFORMATION

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct, and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

ORDERS

Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.

All Goods purchased are subject to a one-time payment prior to shipment or delivery of tangible and in-tangible Goods. Payment can be made through invoice/purchase order and check, or online payment through PayPal.

Multiple Product Orders
For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.

Out-of-stock Products
We will ship your product as it becomes available. Usually, products ship within two (2) business days. However, there may be times when the product you have ordered is out-of-stock which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping.

Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • Goods availability
  • Errors in the description or prices for Goods
  • Errors in Your Order
  • Fraud or an unauthorized or illegal transaction is suspected

SHIPPING POLICY

Shipping Time— Most orders will ship within two (2) business days.

We cannot guarantee when an order will arrive and accept no responsibility for carrier performance. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.

International orders may incur additional duties and taxes imposed by the government. The recipient is responsible to pay all such duties and taxes.

RETURNS AND REFUNDS

We value you as a customer and your support of trauma-informed schools. If you are not entirely satisfied with your purchase, we are here to help.

Returns of Tangible Goods
Any tangible Goods you purchase (i.e. books, toolkits) can only be returned in accordance with these Terms and Conditions.

You have thirty (30) calendar days to return an item from the date you receive it.  To be eligible for a return, your item must be unused and in the same condition that you received it.  Goods that are damaged or not in the same condition as You received them or which are worn beyond opening the original packaging will not be refunded.

  • Your item must be in the original packaging when applicable.
  • We are unable to provide refunds if the item is not returned in resalable condition.
  • All refund requests require proof of purchase or receipt.
  • Shipping costs are nonrefundable. You are responsible for all shipping costs associated with the return of your item(s).  If you receive a refund, the cost of return shipping will be deducted from your total refund amount.

Refunds
Once your return is received and inspected, we will notify you of the status of your refund. If your return is approved, we will initiate a refund through PayPal or original method of payment.

  • The timeframe in which you will receive your credit is dependent on your card issuer’s policies.
  • If a refund payment will be issued, it will be mailed to the billing address on the original invoice unless otherwise specified.
  • We will reimburse You no later than 14 days from the day on which We receive the returned Goods.

Refunds: In-tangible Goods
We do not provide refunds of any kind for any reason for in-tangible goods and services (i.e. events, trainings, programs, webinars). Registrations for conferences, webinars, trainings, and all other in-tangible goods and services offered by the Company are transferable.  You are free to transfer your registration to a person who meets the conditions put forth in these Terms.

CANCELLATIONS

In the event that the Company cancels an event, You will receive a full refund

We will initiate a refund to your original method of payment.
If a refund payment will be issued, it will be mailed to the billing address on the original invoice unless otherwise specified.
We will reimburse You no later than 14 days from the day of cancellation.
The Company is not responsible for additional expenses You incurred in order to attend or participate in an event or Goods in the form of a service presented by the Company.

AVAILABILITY, ERRORS, AND INACCURACIES

We are frequently updating Our offerings of Goods on the Service. We endeavor to describe and display Goods on the Service as accurately as possible. While we try to be as clear as possible, the Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

In the event a product is listed at an incorrect price, the Company shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price.  The Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, We shall immediately issue a credit to your credit card in the amount of the incorrect price.

PRICES POLICY

The Company reserves the right to revise its prices at any time prior to accepting an Order.  The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

INTELLECTUAL PROPERTY

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.  All content included on the Service, such as text, graphics, logos, button icons, images, photographs, audio clips, digital downloads, data compilations, and software, all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Service are owned by the Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Service is the exclusive property of the Company and protected by U.S. and international copyright laws. All software used on the Service is the property of the Company or its software suppliers and protected by United States and international copyright laws.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or 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 such content, goods, or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

ELECTRONIC COMMUNICATIONS

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

LIMITATION OF LIABILITY

Notwithstanding any damages that You might incur, the entire liability of the Company, its Affiliates, and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its  Affiliates or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever.

NO WARRANTY

The information presented on the Service is provided “as is” and “as available,” without representation or warranty of any kind. The Company does not represent or warrant that such information is or will be always current, complete, or accurate.  Any representation or warranty that might be otherwise implied is expressly disclaimed.  To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates, expressly disclaims all warranties. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results.

GOVERNING LAW

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service.

DISPUTES RESOLUTION

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

SEVERABILITY AND WAIVER

Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under the Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

CHANGES TO THESE TERMS AND CONDITIONS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Service. Any use of the Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Service, including these Terms and Conditions at any time. We will post the most recent versions to the Service and list the effective dates on the pages of our Terms and Conditions.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

CONTACT AND VIOLATIONS

If you have any questions about these Terms and Conditions, You can contact us:

Please report any violations of the Terms of Service to emily@herethisnow.org

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