Hughes Walker Group Membership Terms of Service

Last Updated: November 17, 2022

MEMBERSHIP TERMS & CONDITIONS

In consideration for accessing and using https://hugheswalkergroupllc.vipmembervault.com/and its subpages and content and any other websites that post a link to these terms (the “Site”) and by purchasing a membership from Hughes Walker Group, LLC and/or corresponding services offered on the Site (including any products), you accept and agree to be bound by the terms and provisions of these Terms of Use and the Privacy Policy located at: https://hugheswalkergroup.com/privacy-policy/ (the “Privacy Policy”).  We value integrity and transparency so much.   We want to make sure you understand what rights and legal boundaries you have when visiting the Site, enjoying your membership, and reading our materials both here on the site and via social media.

COPYRIGHT NOTICE.
Copyright © 2022 by HUGHES WALKER GROUP, LLC (including dba Hughes Walker Group Accounting Academy, Hughes Walker Group Human Resource Academy, or Hughes Walker Group Payroll Academy)
All rights reserved. 

OVERVIEW.
The terms “we”, “us”, “our,” or “Hughes Walker Group Accounting Academy, Hughes Walker Group Human Resource Academy, or Hughes Walker Group Payroll Academy” refers to HUGHES WALKER GROUP, LLC. The term the “Site” refers to the membership site, hosted via MemberVault. The term “user,” “you” and “your” refers to Site visitors, customers, and any other users of the Site.  

HUGHES WALKER GROUP, LLC provides a membership service website, hosted via MemberVault. All materials presented herein, and all online services provided, are subject to the following Terms and Conditions.  These Terms & Conditions apply to all Site visitors, customers, and all other users of the Site. By using the Site or Service, and/or ordering a membership from the Site, you agree to these Terms & Conditions, without modification, and acknowledge reading them.

The memberships are focused on assisting small business owners, through individual topic academies in the following business concepts.  Assistance will be provided to small business owners through video presentations, Power-Point presentations, responding to business owner questions via Slack Messages and conducting weekly virtual workshops with business owners that allow the owner or owner representative to ask questions directly to the Hughes Walker Group, LLC support team.  The Services provided on the Site will be in the following business categories:

• Accounting Academy I – Setting up QuickBooks Online (initial membership service)
• Accounting Academy II/III – Provides more in depth learning & use of QuickBooks Online features and compliance issues related to the use of QuickBooks Online
• Human Resource – Provides the basics of hiring one or more employees
• Payroll – Provides tips and techniques to remain compliant with payroll tax returns, payroll tax payments and the like

 The intention of the academies for small business owners are:

• Assist them with understanding the importance of maintaining accurate and complete financial and employment records for their business
• Provide resources, assistance, and support to small business owners
• Provide a budget friendly method for day-to-day services

PAYMENT.

The cost to be a member of this site is based on the specific academy you are registering for and include:

• A one-time nonrefundable set up fee of $179. Access to the Membership platform occurs once the invoice has been paid in full.

The setup fee includes the establishment of the platform for you to use, Membership orientation which identifies your business profile information privately, the boundaries and expectations, and additional special materials your business needs to support your journey through the membership.

• A minimum $99 per month fee (the “Monthly Fee”), which may vary depending upon enrollment in a specific academy, will be processed utilizing Stripe each month. The Monthly Fee is due on the same date as the initial sign up each month (the “Due Date”). You shall be responsible for the payment of any additional cost incurred by Hughes Walker Group, LLC if the Monthly Fee is returned unpaid and service fees are incurred. If the Monthly Fee has not been paid within 15 days of the Due Date a late fee of $25 will assessed. Such late fee will continue to accrue each month that the Monthly Fee has not been paid. 
• You may cancel your membership at any time by emailing hugheswalkergroup@gmail.com.
• Refunds will not be provided for any initial membership fee or any Monthly Fees remitted to Hughes Walker Group, LLC. We do not provide prorated billing for subscriptions that are cancelled mid-month. Should you cancel your membership, you will continue to have access to the Site and Services until the end of the monthly billing cycle.

RULES FOR USE.

This Site is intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission.  To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.

Additional prohibited actions with respect to your use of the Site and any Site services include:

• Use the Site in any manner that could damage, disable, overburden, or impair any Site servers, or the network(s) connected to any Site server, or interfere with any other party’s use and enjoyment of the Site;
• Attempt to gain unauthorized access to the Site, computer systems, or networks connected to any Site server or to any of the websites linked to the Site through hacking or any other means;
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
• Use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site;
• Use any metatags or any other “hidden text” utilizing any part of the Site or Hughes Walker Group, LLC’s name, service or trademarks or trade dress without the express written consent of Hughes Walker Group, LLC;
• 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, obscene, indecent or unlawful topic, name, material or information or otherwise contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
• Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
• Use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
• Harvest or otherwise collect information about others, including but not limited to e-mail addresses;
• Use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
• Direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
• Use the Site, or any Site services or tools if you are not able to form legally binding contracts;
• Any attempt to copy or mirror the information, data, content, or coding from the site without first obtaining express written permission from the Site administrator;
• Reproduce, duplicate, copy, sell, or otherwise exploit any content on the Site;
• Any attempt to reverse engineer or reconstruct any portion of the Site;
• Failure to abide by, or breach of, any other policies applicable to the Site;
• Engage in any acts or omissions that Hughes Walker Group, LLC believes is hateful, offensive, illegal, unprofessional, or otherwise inappropriate.

You agree to fully comply with any applicable laws and regulations.  You further agree to cooperate in any governmental investigation regarding your use of the Site and Site services.  You further agree to that to the extent you are using the Site for the purposes related to Hughes Walker Group, LLC, you will adhere to all applicable State and Federal laws and regulations.

ACCURACY OF INFORMATION

You agree that all information you provide through the Site or otherwise to Hughes Walker Group, LLC is true, current, complete and accurate.  You also agree that you will update your information as needed to keep it true, current, complete and accurate.  You hereby agree to immediately notify us of a change in any information you provided us by contacting us by phone at 816-718-0901 or by mail at PO Box 891, Grandview, Missouri 64030-0891. Failure to provide such updated information will constitute a material breach of the terms of these TOU.

You warrant that you provided notice to, and obtained consent from, any third party whose personal data you supply through the Site or otherwise to us. You further warrant that to the extent you provided personal data about a third party through the Site or otherwise to us, you provided that third party with notice about the Site’s Terms of Use and Privacy Policy.  You agree to accept all liability and consequences and indemnify and hold us harmless from any cost, expense or liability incurred by Hughes Walker Group, LLC resulting from your failure to provide notice or receive consent from such third parties or for your providing outdated, incomplete, or inaccurate information.

DATA PROTECTION.

To buy products or services, enroll and participate in the membership, or receive communication from us, you are required to provide information about yourself including your name, email address, and sometimes a username and password and other personal or business information. You agree that any registration information you give to HUGHES WALKER GROUP, LLC will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own.  HUGHES WALKER GROUP, LLC agrees to implement and maintain reasonable procedures for protecting personal information in compliance with applicable law and HUGHES WALKER GROUP, LLC privacy policy. HUGHES WALKER GROUP, LLC reserves the right to refuse service based on your provision of inaccurate account information. 

IMAGES.

Most of the images on the Site are those of Hughes Walker Group, LLC. Some images are not, and those are copyrighted and attributed to the respectful owners.

PERSONAL USE OF MATERIALS AND OUR INTELLECTUAL PROPERTY.

The content on the Site is protected by United States trademark and copyright law. All content including but not limited to text, graphics, logos, button icons, images, audio clips, downloads, data compilations, and software included on the Site is the property of Hughes Walker Group, LLC or its licensors and is protected by United States and international copyright laws.  You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you.  You further agree to make no claim of interest in any such intellectual property or use any of Hughes Walker Group, LLC’s intellectual property rights without the express written permission from Hughes Walker Group, LLC. You may not modify, share, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service.

You do NOT have the right to reprint or reproduce any of my materials on this Site or social media in order to resell the contents, including written works, audio and video, including giving it away, selling it, or sharing it. This Agreement does not grant you a license from HUGHES WALKER GROUP, LLC under any patent, copyright, trademark or trade secret rights. You may not use or share these materials as a tool with your clients, in your marketing or in any of the media you use in your business, or in any type of workshop, seminar, class, talk or training without prior express written permission. You can request permission by sending us an e-mail at hugheswalkergroup@gmail.com. Notwithstanding the foregoing, you hereby grant Hughes Walker Group, LLC a non-exclusive, perpetual, royalty-free license to use, reference, modify, adapt, public, sublicense, post, identify, or otherwise utilize your intellectual property rights that you submit through the Site or otherwise provide to Hughes Walker Group, LLC.  We have the right, but not the obligation, to monitor and edit or remove your content. However, we take no responsibility and assumes no liability for any content posted by you or any third party to the Site or otherwise provided by you to us.

USE OF YOUR NAME.

If you are a customer using the Site or any Site services, you consent to Hughes Walker Group, LLC using your name and business name in advertising and promotional materials related to Site.

YOUR AUTHORITY.

You agree that you are of legal age and authority to enter into and be bound by the terms of these TOU. Similarly, to the extent you are providing any information regarding a third party, you represent and warrant that you have the authority to provide such information from or about the third party through the Site or otherwise to Hughes Walker Group, LLC.

MEMBERSHIP DESCRIPTION.

We endeavor to describe and display the Services as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.

BREACH/TERMINATION.

We reserve the right to cancel or terminate your use of Site if, in our sole discretion, you breach, or we reasonably believe you have breached these Terms of Use or any other obligation to Hughes Walker Group, LLC. Without limiting the forgoing, you agree that all of the following may be considered a material breach of your obligations under these Terms of Use: (i) your failure to abide by any provision of these Terms of Use; (ii) your failure to pay any amounts due to Hughes Walker Group, LLC pursuant to these Terms of Use; (iii) your communication of inaccurate information to us, including your failure to promptly update your information; or (iv) your violation of any Rules for Use of this Site stated above. 

If any of the foregoing events occurs and we deem it a material breach by you of these Terms of Use, we may provide you with a written notice describing the breach; however, you recognize, understand, and agree that we are not obligated to send any such notice of default and may immediately suspend or terminate your access to the Site without notice.  We reserve the right to immediately remove you from the Service, without refund, and to pursue all available legal remedies against you if you are caught violating any of the terms of this agreement including but not limited to Rules for Use, our Intellectual Property guidelines and failure to pay. If you provided payment information to Hughes Walker Group, LLC and sums are due and owing from you to Hughes Walker Group, LLC and you are in default of your obligations under these Terms of Use or any other agreement between you and us, you authorize Hughes Walker Group, LLC to deduct any sums due and owing from your payment source(s) so long as Hughes Walker Group, LLC provided you with notice of your default and you failed to cure the default.

RIGHT TO REFUSE SERVICE.

Hughes Walker Group, LLC, in our sole discretion and without any liability to us, reserves the right to refuse service to any person or entity through the Site or otherwise with or without cause.

MATERIAL YOU SUBMIT TO THE SITE.

You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify HUGHES WALKER GROUP, LLC from any claim against HUGHES WALKER GROUP, LLC resulting from your posting of Materials to the Site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

HUGHES WALKER GROUP, LLC reserves the right to remove from the Site any Materials submitted by you that it deems inappropriate for the Site or that appears to violate these terms and conditions. 

CHANGED TERMS.

We may at any time amend these Terms and Conditions including but not limited to, the one-time set up fee or the Monthly Fee. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions and/or our Privacy Policy at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

DISCLAIMER.

The content on the Site or Service is for informational and educational purposes only.  HUGHES WALKER GROUP, LLC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE AND ALL SITE SERVICES AND ANY RELATED SOFTWARE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF HUGHES WALKER GROUP, LLC, HUGHES WALKER GROUP, LLC DOES NOT WARRANT THAT THE SITE OR THE SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR ANY SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.  NOTHING ON THIS SITE IS INTENDED TO SERVE AS A SUBSTITUTE FOR OBTAINING BOOKKEEPING, TAX, HUMAN RESOURCE OR FINANCIAL ADVICE FROM A PROFESSIONAL BOOKKEEPER, ACCOUNTANT OR LICENSED ATTORNEY.  PRESENTATION OF THE INFORMATION VIA THE INTERNET IS NOT INTEDED TO CREATE, AND RECEIPT DOES NOT CONSTITUTE, A BOOKKEEPER CLIENT RELATIONSHIP, ACCOUNTANT-CLIENT RELATIONSHIP OR ATTORNEY-CLIENT RELATIONSHIP.  HUGHES WALKER GROUP, LLC DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THE QUALITY OR COMPLETENESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS.  EXCEPT AS OTHERWISE EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF HUGHES WALKER GROUP, LLC, HUGHES WALKER GROUP, LLC PROVIDES NO WARRANTY REGARDING THE PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE OR ANY THIRD PARTY ASSOCIATED OR AFFILIATED WITH HUGHES WALKER GROUP, LLC. USERS ARE ADVISED NOT TO ACT UPON INFORMATION CONTAINED OR PRESENTED ON THIS SITE WITHOUT SEEKING THE ADVICE OF A PROFESSIONAL BOOKKEEPER, ACCOUNTANT OR ATTORNEY.  HUGHES WALKER GROUP, LLC DOES NOT WARRANT OR GUARANTEE ANY OF THE SITE’S USERS’ COMPLIANCE WITH LAW.  HUGHES WALKER GROUP, LLC IS NOT RESPONSIBLE FOR THIRD PARTIES’ UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER THE SITE OR THE SITE SERVICES ARE INVOLVED.  

ASSUMPTION OF RISK.

The Site is intended for educational purposes only.  When you access the Site, use Site services, download on the Site, proceed to other websites linked to the Site, or interact with the Site in any manner, you do so at your own discretion and risk.  In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss of money through investments or corruption of data.

LIMITATION OF LIABILITY.

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, HUGHES WALKER GROUP, LLC is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.  You agree that our entire aggregate liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any claim you assert against Hughes Walker Group, LLC related to the Site, these Terms of Use, the Privacy Policy, or procurement of other Services, is limited solely to, and collectively with all claims shall not exceed, the amount you paid for the goods and services provided to you by Hughes Walker Group, LLC within the three (3) month period prior to when your first claim first arose, or $200, whichever is less. 

The foregoing applies even if HUGHES WALKER GROUP, LLC has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall HUGHES WALKER GROUP, LLC’s cumulative liability to you exceed the total purchase price of the Service you have purchased. 

You agree that because of the unique nature of the Confidential Data, HUGHES WALKER GROUP, LLC would suffer irreparable harm if you breach these terms, and money damages and other remedies will not be enough so, HUGHES WALKER GROUP, LLC will also be entitled to injunctive relief.

INDEMNIFICATION.

As a user of the Site, you agree to release, indemnify, defend and hold harmless Hughes Walker Group, LLC and all of its members, managers, employees, agents, affiliates, subsidiaries, licensors, and assigns from any and all claims, actions, proceedings or demands and all liabilities, claims, damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, made by any third party or relating to or arising under or from your violation of these Terms of Use, your submissions of content to us or the Site, the services provided through the Site, or otherwise by Hughes Walker Group, LLC to you, your use of any services of the Site or provided by Hughes Walker Group, LLC or your alleged violation of any rights of another.  This indemnification provision shall not affect nor impair any person’s right to lawfully pursue claims against other users of this Site for their alleged violations of the law.  Further, if Hughes Walker Group, LLC receives a subpoena based on your use of the Site or the Site services, you hereby agree to and promise to indemnify Hughes Walker Group, LLC for all costs and expenses, including responsible attorneys’ fees incurred related to responding to the subpoena.  This indemnification obligation is in addition to any other rights or remedies Hughes Walker Group, LLC may have in law or equity.

You agree that Hughes Walker Group, LLC shall have the right to participate in the defense of any claim asserted against Hughes Walker Group, LLC’s or involving the Site.  You also agree that Hughes Walker Group, LLC shall be entitled to retain a counsel of Hughes Walker Group, LLC’s own choosing at your cost.  You further agree to notify Hughes Walker Group, LLC of your knowledge of any claim against Hughes Walker Group, LLC or involving the Site.  You agree to cooperate fully with Hughes Walker Group, LLC during such proceedings.

THIRD PARTY RESOURCES.

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with HUGHES WALKER GROUP, LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

CONSENT AND SURVIVAL OF AGREEMENT.

By using the Site and Site services provided through the Site by Hughes Walker Group, LLC under these Terms of Use, you acknowledge that you have read and agree to be bound by all terms and conditions of these Terms of Use and the Privacy Policy.  You also agree to be bound by all amended terms and conditions of these Terms of Use and the Privacy Policy.  These terms of these Terms of Use and the Privacy Policy, and your obligations under such terms, continue to apply to you even if you are no longer using the Site.

OTHER AGREEMENTS.

If applicable law requires your or our compliance with other terms and conditions outside these Terms of Use, then such terms and conditions shall also apply and to the extent they conflict with any terms of these Terms of Use, such terms and conditions required by applicable law shall control.  Further, if there are other agreements between you and Hughes Walker Group, LLC, then the terms of the other agreements shall also apply and supplement these Terms of Use, and to the extent they directly conflict with any of these Terms of Use, then the terms of such other agreements shall control.

CHOICE OF LAW, JURISDICTION AND VENUE.

The terms and conditions of these Terms of Use and the Privacy Policy shall be interpreted and construed in accordance with the laws of the State of Missouri, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction, as if each of these Terms of Use and the Privacy Policy was a contract wholly entered into and wholly performed within the State of Missouri.

You agree that any claim, dispute, action, or litigation based hereon, relating to or arising out of these Terms of Use, the Privacy Policy, or related to the Site or Site services provided by us to you shall be brought and maintained exclusively in the Circuit Courts of Jackson County, Missouri or the Western District of Missouri. 

TIME LIMITATION FOR ACTIONS.

Unless prohibited by law, you agree that any cause of action arising out of these Terms of Use, the Privacy Policy, or related to the Site and/or any Site services provided to you by must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and shall be deemed released and waived by you.

WAIVER OF JURY TRIAL.

EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THESE TOU OR THE PRIVACY POLICY, OR RELATED TO THE SITE.

WAIVER OF CLASS ACTION.

EACH OF THE PARTIES HERETO WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AND INSTEAD, AGREES THAT ANY AND ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS USING THE DISPUTE RESOLUTION PROVISIONS IN THESE TOU.

PRIOR ACTION BEFORE FORMAL CLAIM.

You agree that as a material provision of these Terms of Use that you will provide us with a detailed written notice of any claimed deficiencies and at least thirty (30) days to cure such alleged deficiency in our service prior to bringing any formal legal claim against us.  You further agree that this provision is reasonable and helps aid us in providing high quality services and complying with applicable law.  Should you violate this provision and fail to give us such notice, it shall constitute a material breach of these Terms of Use and entitle us to all of our attorneys’ fees, court costs, and any related expenses associated with enforcing our right to the thirty (30) day cure period.  This provision specifically applies to any and all claims under local, state or federal law, and specifically includes claims related to the American with Disabilities Act.

NO THIRD-PARTY BENEFICIARIES.

Except as otherwise expressly provided herein, nothing in these Terms of Use is intended to confer upon any third party any rights, remedies, obligations, or liabilities.

 RESTRICTION ASSIGNMENT.

You may not assign any of your rights or delegate any of your duties under these Terms of Use or the Privacy Policy without the prior written consent from Hughes Walker Group, LLC.  Any attempt by your creditors or another third party to obtain an interest in your rights under these Terms of Use or the Privacy Policy is voidable at Hughes Walker Group, LLC’s option.

SUCCESSORS AND ASSIGNS

Except as otherwise expressly provided herein, these Terms of Use shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.

NON-WAIVER.

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these Terms of Use shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy.  No failure or delay by Hughes Walker Group, LLC in exercising any right, power or privilege hereunder shall operate as a waiver.  Similarly, Hughes Walker Group LLC’s election to not assert its rights under these Terms of Use shall not preclude from asserting its rights in the future.

SEVERABILITY OF TERMS.

If any provision of these Terms of Use or the Privacy Policy is held illegal, unenforceable, or invalid by any court or an arbitrator of competent jurisdiction, the remaining provisions shall be unaffected.  If any provision in these Terms of Use or the Privacy Policy, which is held illegal, unenforceable, or invalid, would be legal, enforceable, or valid if the provision was more narrowly drawn, the offending provision shall be interpreted so as to give maximum effect to the originally drafted provision.

ATTORNEYS’ FEES.

If Hughes Walker Group, LLC prevails in any action, suit, or proceeding arising from or based upon these Terms of Use, shall be entitled to recover its reasonable attorneys' fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.

HEADINGS.

The headings in these TOU are for convenience only.  The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.