Terms and Conditions
Agreement between User and https://www.chickencoopclub.com/
The Chicken Coop Club is owned and operated by Amanda Evanston Inc. Welcome to https://www.chickencoopclub.com/. The https://www.chickencoopclub.com/ website (the "Site") is comprised of various web pages operated by Amanda Evanston Inc. ("Chicken Coop Club"). https://www.chickencoopclub.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://www.chickencoopclub.com/ constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
https://www.chickencoopclub.com/ is an E-Commerce Site. This site offers online art classes and an art membership for children ages 5 - 14.
Visiting https://www.chickencoopclub.com/ or sending emails to Chicken Coop Club constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Chicken Coop Club is not responsible for third party access to your account that results from theft or misappropriation of your account. Chicken Coop Club and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Chicken Coop Club collects personally identifiable information, including but not limited to the student’s age, site activity and relation to the adult registering the student, from children under the age of thirteen. Chicken Coop Club collects this information for the following reason(s):
- To best tailor art classes to students' ages
If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use https://www.chickencoopclub.com/ only with permission of a parent or guardian.
Stand-Alone Courses: Once you purchase a Chicken Coop Club Course, you have access for one year from date of purchase. There are no refunds for stand-alone courses purchased.
Chicken Coop Club Membership (membership group): The membership group is a monthly membership program that includes class and community access. Members are automatically charged a set amount each month. There are no refunds. If you would like to discontinue your membership, please email [email protected] and the Chicken Coop Club team will cancel your membership. (Please allow 3 business days for processing.) If you email to cancel your membership, your website and community access will be revoked at the end of the billing period and you will not be charged again. There is no pro-rating for the month. Members are required to have an active payment method on file to maintain access to the membership group. If you remove your payment method on file or your method of payment is declined, access to the membership group website and community will cease automatically and immediately. If your payment information was declined and you wish to remain in the group, please email [email protected] and your request will be considered by the Chicken Coop Club team.
Links to Third Party Sites/Third Party Services
https://www.chickencoopclub.com/ may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Chicken Coop Club and Chicken Coop Club is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Chicken Coop Club is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Chicken Coop Club of the site nor any association with its operators.
Certain services made available via https://www.chickencoopclub.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.chickencoopclub.com/ domain, you hereby acknowledge and consent that Chicken Coop Club may share such information and data with any third party with whom Chicken Coop Club has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.chickencoopclub.com/ users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Chicken Coop Club or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Chicken Coop Club content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Chicken Coop Club and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Chicken Coop Club or our licensors except as expressly authorized by these Terms.
You may sell or feature art created using methods taught by the Chicken Coop Club via online courses, free content and memberships at www.chickencoopclub.com and affiliated social media accounts. You may also reteach Chicken Coop Club classes in a school or homeschool setting - we encourage it! You may not reteach Chicken Coop Club classes or share class methodology in any situation where students pay you directly to take the class (e.g. at a for-profit event or workshop - online or in person - where students pay per-person). You also may not reteach Chicken Coop Club classes on your own social media channels or website. If you aren't sure, email us and we are happy to clarify - [email protected].
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Chicken Coop Club has no obligation to monitor the Communication Services. However, Chicken Coop Club reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Chicken Coop Club reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Chicken Coop Club reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Chicken Coop Club's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Chicken Coop Club does not control or endorse the content, messages or information found in any Communication Service and, therefore, Chicken Coop Club specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Chicken Coop Club spokespersons, and their views do not necessarily reflect those of Chicken Coop Club.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to https://www.chickencoopclub.com/ or Posted on Any Chicken Coop Club Web Page
Chicken Coop Club does not claim ownership of the materials you provide to https://www.chickencoopclub.com/ (including feedback and suggestions) or post, upload, input or submit to any Chicken Coop Club Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Chicken Coop Club, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Chicken Coop Club is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Chicken Coop Club's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Safe Website Use
The Chicken Coop Club makes every effort to offer age- and ability-appropriate art classes for its students. However, it is the responsibility of the teacher, parent or guardian who enrolled the student to supervise all art-making activities and ensure age- and ability-appropriateness, and safe use of tools and materials. The Chicken Coop Club assumes no responsibility resulting from injury or damage as a result of taking a Chicken Coop Club class.
The Service is controlled, operated and administered by Chicken Coop Club from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Chicken Coop Club Content accessed through https://www.chickencoopclub.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Chicken Coop Club, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Chicken Coop Club reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Chicken Coop Club in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Chicken Coop Club agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AMANDA EVANSTON INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
AMANDA EVANSTON INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. AMANDA EVANSTON INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Chicken Coop Club reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Chicken Coop Club as a result of this agreement or use of the Site. Chicken Coop Club's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Chicken Coop Club's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Chicken Coop Club with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Chicken Coop Club with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Chicken Coop Club with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Chicken Coop Club reserves the right, in its sole discretion, to change the Terms under which https://www.chickencoopclub.com/ is offered. The most current version of the Terms will supersede all previous versions. Chicken Coop Club encourages you to periodically review the Terms to stay informed of our updates.
Chicken Coop Club welcomes your questions or comments regarding the Terms:
Amanda Evanston Inc.
707 CHICAGO AVE
EVANSTON, Illinois 60202
Effective as of April 18, 2022