Terms and Conditions

INTRODUCTION. These are the Terms of Use for the Well-Trained Mind site, which we’ll call “the WTM Site.” This is where we will say all of the things our lawyer has told us we should be saying to protect ourselves.  The WTM Site is operated by The Well-Trained Mind Press, Inc. (“WTM” or “we“) as a store (the “Store”) where you can buy books and other educational materials to use for home-schooling your child or just for your own education (“Materials”). Please bear with us while we go through this. Sometimes we’ll say something more than once, in a couple of different ways. Please bear with that, too.

BASIC CONDITIONS.  These Terms of Use constitute a legally binding agreement between you and WTM. These Terms of Use will remain in full force and effect as long as you use the WTM Site.

INTELLECTUAL PROPERTY. WTM owns all rights in the WTM Site, including all trademark rights in the Peace Hill Press name and logo, and all copyrights and other rights in the content published by Well-Trained Mind that appears on the WTM Site (“WTM Content”).

NO CANCELLATION OF ORDERS.  To cut down on shipping times, your order is automatically sent to our warehouse when you place it in the Store. This means that if you select the wrong quantity, volume, binding, or title, we are unable to correct the order before it ships out. Accordingly, you must double-check your order before you submit it to the Store. If you have any questions about our Materials, you need to ask us before you place the order. And call us if we can help you out in any way.

PROCESSING TIME.  All orders placed in the Store may take 24-48 hours to process.

PAYMENT. You will not pay for any Materials with an unauthorized credit or debit card or a check that does not clear for any reason or in any other way fail to pay the agreed-upon purchase price for any Materials.

DOMESTIC SHIPPING

  • Processing: Most Materials will ship within 2-3 business days from the date on which you place your order.
  • Carriers. We ship with UPS® and USPS. Each shipment is subject to the carrier’s own terms and conditions.
  • Domestic delivery. Domestic delivery by USPS ground or UPS® ground takes anywhere from 1-4 days, depending on how far you are from our shipping facility. If you choose a faster shipping method, such as UPS® Next Day Air Saver or UPS® 2nd Day Air, and you place your order on a Friday or over the weekend, the order will not be shipped until the following Monday.
  • Domestic flat-rate shipping. If you are a retail customer (meaning, an individual and not an institution or organization), you may choose flat-rate ground shipping, subject to the carrier’s own terms and conditions.
  • USPS Media Mail shipping: For domestic shipments, we also offer the USPS Media Mail shipping option. Media Mail shipments can take up to six (6) weeks to arrive and are not trackable. We cannot offer refunds for orders shipped via US Media Mail because they are not trackable. We recommend using flat rate ground shipping as your shipping method, because we are able to track packages shipped with UPS.
  • Free shipping for domestic orders over $150: All domestic orders that total more than $150 (One Hundred and Fifty Dollars) receive free shipping. But if you return items from your order, and the subsequent order total is less than $150, the waived shipping cost will be subtracted from your refund.

INTERNATIONAL CUSTOMERS

  • Canadian customers.  When we ship Materials to you from the United States, delivery services such as UPS will be charged customs fees of varying amounts, and they will pass on these charges to you. You may be billed for these fees after your package arrives, and we cannot predict the amount you will be charged. If you wish to avoid paying these higher fees, you can purchase our Materials as PDF downloads, or shopping from Canadian retailers. See http://www.welltrainedmind.com/oh-canada2/.
  • Other international customers. Use any accepted Credit Card or Debit Card to pay. IWe do not collect money, nor will we send out any Materials on an incomplete order. You may see that your bank has held the money for the attempted transaction for a period of time (determined by the individual bank–usually 1 or 2 days). After that period, your bank will release the money back into your account. Each bank is different, so please contact your bank for additional information.
  • Alternatives to international shipping: If you want to avoid the costs of shipment from the U.S. to another country, and you are in Europe, you may be able to order our Materials from Ichthus  Resources. If you’re in Australia or New Zealand, you may check with one of the stores listed here: http://welltrainedmind.com/international-bookstores/.

DAMAGED SHIPMENTS. If any Materials that you buy are damaged in shipping when we send them to you, you will contact UPS and resolve the matter and not seek to involve WTM. WTM pays for insurance as part of your shipping cost but WTM does not get involved in claims or disputes between any customer and a shipper.

RETURNS AND REFUNDS 

  • OUR 30-DAY MONEY BACK GUARANTEE. If, for any reason, you would like to return any Materials, return them to us within thirty (30) days of receipt, and we’ll give you a complete refund or exchange, minus shipping costs. Shipping costs are non-refundable (unless the order is our fault, or the warehouse’s problem, in which case of course we will make the order right at our expense).
  • BUT:
  • We cannot accept returns of shrink-wrapped Materials once they have been opened (Student Pages, Flashcards, and Audiobooks) or Materials that are downloads, that are not duplicate orders. (If you accidentally ordered the same downloadable product twice, we will refund the price of one of them.)
  • We cannot offer refunds for orders shipped via U.S. Media Mail because they are not trackable.
  • If you order a “combo pack” and then return part of the order, we will only refund the difference between the discounted combo price and the cost of the Materials you kept. That is, the combo discount does not apply if you break up the combo pack.
  • If you got free domestic shipping because you ordered more than $150 worth of Materials, but you returned some Materials so that the subsequent order total is less than $150, the waived shipping cost will be subtracted from your refund.

“NOT AVAILABLE” OR “BACKORDERED” MATERIALS. Occasionally, we will run out of copies of particular Materials for a few weeks. We try to keep the inventory well-stocked, but demand sometimes outpaces our supply. If your order is missing any Material, and your invoice notes that it is backordered or “not available,” that simply means that we’re expecting those Materials to come in soon, and we will send your copies to you as soon as we get them. You won’t be charged for additional shipping. If you need to cancel backordered Materials, please call our office at 1.877.322.3445.

DISCLAIMER OF WARRANTIES.  THE WTM SITE IS MADE AVAILABLE TO YOU “AS IS.” WTM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT OF THE LAW ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO THE WTM SITE OR THE MATERIALS SOLD ON THE WTM SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ABOUT THE RESULTS YOU MAY ACHIEVE OR ATTAIN USING THE MATERIALS SOLD ON THE SITE TO HOME-SCHOOL YOUR CHILD. EVERY CHILD IS DIFFERENT AND EDUCATIONAL MATERIALS AND APPROACHES THAT MAY WORK WELL FOR ONE CHILD MAY NOT WORK FOR ANOTHER CHILD. WE ALSO DISCLAIM ANY WARRANTY OF ANY KIND RELATING TO THE RESULTS OF YOUR USE OF OR INTERACTION WITH THE WTM SITE, INCLUDING, WITHOUT LIMITATION ANY WARRANTY THAT THE WTM SITE WILL OPERATE CONTINUOUSLY OR ERROR-FREE ON YOUR OPERATING SYSTEM OR THAT CONTENT ON THE WTM SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the disclaimer of implied warranties, so some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

INDEMNITY. You will indemnify and hold harmless WTM, its parent, subsidiaries, affiliates, officers, agents, and other partners and employees from any loss, liability, claim, demand, fees, and expenses, including reasonable attorney’s fees made by any third party (which means anyone other than you or WTM) due to or arising out of your use of the WTM Site, including, without limitation, any claim arising from your breach of these Terms of Use. This obligation will survive termination of this Agreement, which means that even after you stop using the WTM Site, you will still be bound.

LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES WILL WTM OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF WTM OR SUCH SUBSIDIARY OR AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE WTM SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WTM SITE; YOUR INABILITY TO USE THE WTM SITE; THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WTM SITE; OR OUT OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WTM SITE OR ANY LINKS ON THE WTM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted, so some of the foregoing limitations may not apply to you.

CONSENT TO COLLECTION AND USE OF DATA. Our privacy policy, which you can read here, explains what personally identifying information is collected through the WTM Site, how it is used, and who has access to it.

COPYRIGHT PROTECTION POLICY.  If you believe that any content that you own has been posted on the WTM Site without your permission, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the WTM Site; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent can be reached as follows: Susan Bauer, The Well-Trained Mind Press, 18021 The Glebe Lane, Charles City, VA, phone 804.829.5042, fax 804.829.5704, email [email protected].

GOVERNING LAW, JURISDICTION, AND TIME LIMIT ON CLAIMS. You agree that: (i) the WTM Site shall be deemed solely based in Virginia; and (ii) the WTM Site shall be deemed a passive Site that does not give rise to personal jurisdiction over WTM, either specific or general, in jurisdictions other than Virginia. If you have any dispute with us, the dispute will be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. You hereby submit to personal jurisdiction by and venue in the state and federal courts of Richmond, Virginia. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to use of the WTM Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.

TERMINATION. We reserve the right, in our sole discretion, to refuse to process any order for Materials, reject any credit card or other form of payment, assist law enforcement in the prosecution of criminal liability, and/or take whatever other actions we consider appropriate to address any action that we reasonably believe is or might be in violation of these Terms of Use.

ADDITIONAL TERMS. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of the Terms of Use invalid, the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use will remain in full force and effect.

These Terms of Use were last updated on November 12, 2014.