Terms and Conditions of Service and Engagement

1. Introduction and Acceptance of Terms

These Terms and Conditions of Service and Engagement (“Terms”) constitute a legally binding agreement between you, the individual, member, participant, donor, or visitor (“User” or “you”), and The Herb Society At The Hoover Historical Center (THSHHC, “the Society,” “we,” “us,” or “our”). These Terms govern your access to and use of all services, programs, facilities, educational resources, physical events, and digital platforms offered by the Society, including but not limited to the gardens at 1875 E Maple St, North Canton, OH 44720. By accessing our website, registering for any workshop, becoming a member, volunteering, or making a donation, you signify your unreserved and unequivocal acceptance of these Terms, and you agree to be bound by them in their entirety. Should you disagree with any part of these Terms, you must immediately cease all engagement with the Society, its services, and its digital properties. The Society reserves the absolute right to modify, alter, or update these Terms at any time without prior specific notification, and your continued use or engagement following the posting of any changes constitutes your automatic acceptance of the revised Terms. It is your sole responsibility to periodically review these Terms to remain informed of any amendments.

2. Organization and Mission Statement

The Herb Society At The Hoover Historical Center is a non-profit organization dedicated to advancing the knowledge, use, and appreciation of herbs within the community. Our primary mission is to provide comprehensive workshops and accessible resources that empower individuals to sustainably grow and utilize herbs effectively, fostering deep connections among enthusiasts through collaborative projects, and advocating for eco-friendly gardening techniques that benefit both the environment and our community. Our operations are conducted on or in association with the historical grounds located at 1875 E Maple St, North Canton, OH 44720. All services, programs, and educational offerings are structured around this charitable and educational mission. The delivery of our services is contingent upon the continued maintenance and integrity of our facilities and historical gardens. Any breach of these Terms, particularly those related to conduct and facility usage, directly impacts our ability to fulfill this mission and will be addressed with appropriate action, which may include immediate termination of access or participation without refund. By engaging with us, you affirm your support for this mission and agree that your actions will, at all times, align with our core values of integrity, sustainability, and community respect.

3. Membership, Workshop, and Enrollment Terms

3.1 Workshop Registration and Capacity

All enrollment in THSHHC workshops, courses (e.g., “Junior Herbalist,” “Advanced Tincture Workshop”), and events is strictly on a first-come, first-served basis. Due to the hands-on and experiential nature of our programs, and the limited space and materials available in the gardens and specialized classroom settings, capacity for all sessions is strictly limited to ensure a high-quality, safe, and effective learning environment. Registration is completed upon successful submission of the online or physical enrollment form and the full receipt of the required fees. Completion of the registration process constitutes a firm commitment to attend the specific session and date selected. The Society reserves the right to deny enrollment if a session has reached its capacity, and to cancel or postpone any scheduled workshop due to insufficient enrollment, instructor illness, or unforeseen circumstances, including inclement weather conditions that may compromise safety in the outdoor garden environment. In the event of cancellation by the Society, participants will be offered a full refund or the option to transfer their enrollment to a future available session; this shall be the sole and exclusive remedy available to the participant for any such cancellation.

3.2 Fees, Payment, and Refunds

All program fees, membership dues, and materials costs are clearly itemized on our website and during the registration process. Fees are due in full at the time of registration and are non-negotiable. Payments are securely processed through designated third-party PCI-compliant payment gateways, and the Society does not store full credit card information on its internal servers. Our refund policy is structured as follows: For cancellations initiated by the participant more than fourteen (14) calendar days before the scheduled start date of the workshop or course, a full refund, minus a ten percent (10%) administrative processing fee, will be issued. For cancellations initiated by the participant less than fourteen (14) calendar days before the scheduled start date, no refund will be issued, as materials will have been purchased and the space will have been reserved, preventing other members from enrolling. Membership dues are strictly non-refundable once processed, as membership benefits (e.g., access to resources, discounted fees) are available immediately upon payment. No refunds or credits will be provided for participant non-attendance, early departure, or late arrival to any program or event.

3.3 Transfers, Substitutions, and Expiration

Enrollment in a specific workshop or course date is non-transferable to another individual unless express written consent is obtained from the Executive Director or the Education Coordinator at least seven (7) calendar days prior to the start date. Furthermore, enrollment is non-transferable to a different course or date by the participant, except in the event of a Society cancellation. All gift certificates, prepaid enrollment vouchers, and unused credits issued by the Society must be redeemed within twenty-four (24) months of the issue date, after which they will automatically expire without value or possibility of reinstatement. Membership is personal to the registered individual and is non-transferable and non-assignable. Any attempt to use another individual’s membership benefits, or to facilitate the unapproved transfer of a workshop spot, will be considered a breach of these Terms and may result in the immediate revocation of all current and future privileges without refund.

4. Participant and Visitor Conduct

4.1 General Code of Conduct and Respect

All participants, members, donors, and visitors engaging with the Society, whether at the Hoover Historical Center grounds, in a physical classroom, or through online forums, must adhere to a strict Code of Conduct that promotes mutual respect, collaboration, and a safe, family-friendly environment. Harassment, verbal abuse, discrimination, intimidation, or any other behavior deemed disruptive or disrespectful to staff, instructors, volunteers, other participants, or the historical integrity of the grounds, is strictly prohibited. The use of foul or inappropriate language, excessive noise, or engaging in any activity that compromises the focus or safety of a learning environment will result in immediate removal from the premises or digital platform. Any such removal constitutes a voluntary cessation of participation, and no refund or credit will be issued. The Executive Director, Lead Master Herbalist, or designated senior staff member on duty reserves the absolute right to determine, at their sole discretion, what constitutes inappropriate or disruptive behavior and to enforce immediate removal without appeal.

4.2 Rules of the Gardens and Historical Grounds

Given that our programs take place on the grounds of a historical center, the following rules regarding the gardens, plants, and facilities are non-negotiable and must be strictly followed to ensure the ongoing health of our living educational resources and the preservation of the historical integrity of the site:

  • No Unauthorized Harvesting: Participants must never harvest, pick, cut, or remove any plant material, seeds, flowers, roots, or soil from the historical or demonstration gardens unless explicitly instructed and supervised by a THSHHC instructor as part of a scheduled, hands-on workshop activity. Unauthorized removal of plant material is considered theft and destruction of educational property.
  • Respect for Infrastructure: Do not lean on, climb on, or move any garden markers, historical structures, trellises, benches, tools, or signs. Keep all paths clear and remain only in areas designated for visitor access.
  • Waste and Cleanliness: All participants and visitors are responsible for their own waste. The historical grounds must be kept pristine. Please dispose of all trash, bottles, and personal items in designated receptacles or carry them out.
  • No Smoking or Vaping: Smoking, vaping, or the use of tobacco products is strictly prohibited on all premises, including the gardens, classrooms, and parking areas, to protect the integrity of our organic cultivation methods and the health of all participants.
  • Pet Policy: Pets are generally not permitted inside the educational gardens or classrooms unless they are documented service animals required for assistance.

4.3 Safety Waiver and Assumption of Risk

By registering for any hands-on workshop, particularly those involving physical activity, tool usage (e.g., trowels, pruning shears), plant harvesting, or the preparation of herbal products (including exposure to common allergens like bee stings, pollen, or essential oils), you, the participant or the parent/guardian of a minor participant, acknowledge and agree to the following:

  • You are voluntarily electing to participate and are fully aware that gardening, harvesting, and historical site environments inherently involve risks, including but not limited to uneven terrain, exposure to sun and insects, allergic reactions, and minor physical injuries.
  • You attest that you or the participating minor are physically fit and capable of participating in the scheduled activities.
  • You assume all risks of personal injury, illness, property damage, and loss arising from your participation.
  • You release, indemnify, and hold harmless The Herb Society At The Hoover Historical Center, its directors, staff, instructors, and volunteers from any and all liability, claims, demands, costs, or causes of action arising out of any loss, damage, or injury that may be sustained by you or the participating minor while on the premises or participating in any program.

5. Intellectual Property Rights

5.1 Society-Owned Content and Materials

All content, curriculum materials, educational handouts (digital or physical), photographs, logos, trade names, website design, and proprietary methodologies (e.g., the “Seed-to-Shelf Immersion” learning approach) generated by or for The Herb Society At The Hoover Historical Center are the exclusive property of the Society or its content suppliers and are protected by applicable copyright, trademark, and intellectual property laws. Your registration in a workshop grants you a non-exclusive, non-transferable license to use the educational materials solely for your personal, non-commercial learning purposes.

  • Prohibition on Commercial Use: You are strictly prohibited from reproducing, distributing, modifying, selling, or using any part of the Society’s curriculum, presentation slides, or proprietary materials for the purpose of commercial gain, instruction, or developing your own competing programs without the express prior written permission of the Executive Director.
  • Prohibition on Recording: Unauthorized audio or video recording of any workshop, presentation, or staff lecture is strictly prohibited. You may take personal notes for learning purposes only.

5.2 User-Submitted Content

When you submit testimonials, photographs, feedback, or recipes to the Society (whether through email, website forms, or social media), you grant THSHHC a perpetual, non-exclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any form, medium, or technology, now known or hereafter developed, solely for the purposes of promoting the Society, its mission, and its programs (e.g., publishing testimonials on the website, using recipes in a community cookbook, or using photos in brochures). You represent and warrant that you own or otherwise control all of the rights to the content that you submit and that the use of your content by the Society will not infringe upon or violate the rights of any third party.

6. Donations and Financial Terms

6.1 Tax-Exempt Status and Non-Refundability

The Herb Society At The Hoover Historical Center is a non-profit organization recognized by the Internal Revenue Service (IRS) under section 501(c)(3). Donations made to the Society are tax-deductible to the fullest extent permitted by law. However, no portion of workshop fees, membership dues, or payments for tangible goods (like plants or supplies) can typically be considered a tax-deductible contribution. All donations are non-refundable once processed. The Society provides official tax receipts for all qualifying contributions in accordance with IRS guidelines, and the retention of donation records is governed by the relevant section of our Privacy Policy. By making a donation, you agree that your contribution is an irrevocable gift intended to support the general mission and operations of the Society.

6.2 Financial Accuracy and Fraud

You agree to provide accurate and complete financial information when making a donation or purchasing services. The Society reserves the right to cancel any transaction and report any suspected fraudulent activity to the appropriate legal authorities immediately. You are responsible for ensuring that all details provided (including billing address and payment method) are correct and that you are the authorized user of the payment instrument.

7. Digital Use, Website Terms, and Third-Party Links

7.1 Website Accuracy and Availability

The Society strives to ensure that the information presented on its website (including program descriptions, fees, and event schedules) is accurate and up-to-date. However, we do not warrant the completeness or accuracy of this information and expressly disclaim liability for errors or omissions. The website may be temporarily unavailable due to maintenance, system upgrades, or technical issues beyond our control. The Society reserves the right to modify or discontinue any aspect of the website or its digital services at any time without notice.

7.2 Third-Party Links

The website and digital communications may contain links to third-party websites, such as those of our community partners (Section 5.2), external resources (e.g., government gardening guides), and payment processors (Section 3.2). These links are provided solely for your convenience and information. The Society has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. Your interaction with any third-party site is governed by that site’s own terms and conditions, and you proceed at your own risk.

7.3 Account Security

If the Society provides or requires you to create a user account for membership management, program registration, or resource access, you are solely responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify the Society immediately of any unauthorized use of your password or account. The Society will not be liable for any loss or damage arising from your failure to comply with this security obligation.

8. Limitation of Liability and Disclaimer

8.1 Disclaimer of Warranties

ALL SERVICES, PROGRAMS, MATERIALS, AND ACCESS TO THE HOOVER HISTORICAL CENTER GROUNDS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SOCIETY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SOCIETY DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ITS PROGRAMS OR MATERIALS WILL BE ACCURATE OR RELIABLE. ANY ADVICE OR INFORMATION OBTAINED FROM THE SOCIETY’S INSTRUCTORS OR MATERIALS SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL MEDICAL, LEGAL, OR FINANCIAL COUNSEL.

8.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE HERB SOCIETY AT THE HOOVER HISTORICAL CENTER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR VOLUNTEERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES, PROGRAMS, OR HISTORICAL GROUNDS. THIS LIMITATION APPLIES EVEN IF THE SOCIETY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE SOCIETY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO THE SOCIETY FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles.

9.1 Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Society’s services, both you and the Society agree to first attempt to resolve the dispute informally and in good faith. This informal resolution process requires the party raising the dispute to notify the other party in writing, providing a detailed description of the dispute and the resolution sought. This written notice must be sent via email to info@thshhc.site (Attention: Legal Dispute Resolution). Both parties commit to engaging in good faith negotiations for a period of not less than thirty (30) days from the date the notice is received, in an effort to amicably resolve the dispute prior to initiating any formal legal action.

9.2 Binding Arbitration

Should the dispute remain unresolved after the mandatory thirty (30) day informal negotiation period, all unresolved disputes and claims shall be submitted to confidential, binding arbitration in Stark County, Ohio, before a single arbitrator. The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its then-current Commercial Arbitration Rules. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration shall be conducted in the English language, and the parties agree that the arbitrator shall have the authority to award the prevailing party reasonable attorney’s fees, costs, and expenses incurred in connection with the arbitration. The parties further agree that arbitration must be conducted on an individual basis and not on a class, collective, or representative basis, and the arbitrator shall not have the authority to consolidate claims of multiple individuals.

10. Termination and Severability

10.1 Right to Terminate Participation

The Society reserves the right, at its sole discretion, to terminate your membership, deny your enrollment, or revoke your access to the facilities and digital platforms immediately, without notice or refund, if you breach any provision of these Terms, including but not limited to failure to pay fees, violation of the Code of Conduct (Section 4.1), or unauthorized harvesting (Section 4.2). Upon termination, your right to use the services will immediately cease, and you must return or destroy any copies of educational materials you have made.

10.2 Severability

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable by a court of competent jurisdiction or an arbitrator, that provision or part of the provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The remaining terms will continue in full force and effect, and the unenforceable provision will be replaced by an enforceable provision that reflects the original intent of the parties as closely as possible.

11. Final Contact Details

For questions regarding these Terms and Conditions, please contact us at the following:

Organization Name: The Herb Society At The Hoover Historical Center Physical and Mailing Address: 1875 E Maple St, North Canton, OH 44720 Email: info@thshhc.site Attention: Legal and Administrative Services

Effective Date of These Terms: November 26, 2025