1 Definitions
This Agreement shall govern the use of all pages and screens in and on the Course (all collectively referred to as “Course”) and any services provided by or on this Course Provider through the Course (“Services”) and/or on the Course Provider’s website (“Website”).
The parties referred to in this Agreement shall be defined as follows:
- Course Provider, us, we: Course Provider, as the creator, operator, and publisher of the Course, is responsible for providing the Course publicly. Course Provider, us, we, our, ours and other first-person pronouns will refer to the Course Provider, as well as, if applicable, all employees and affiliates of the Course Provider.
- You, the user, the participant: You, as the participant in the course and user of the Website, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as user or participant.
- Parties: Collectively, the parties to this Agreement (Course Provider and You) will be referred to as Parties.
- The term ‘Course’ includes any associated live sessions, recorded videos, downloadable materials, templates, assessments, or other resources provided as part of your enrollment.
2 Assent and Acceptance
By purchasing or accessing any course, you acknowledge that the course product page and checkout process clearly informed you that purchase constitutes agreement to these Terms and Conditions and our Privacy Policy. Your payment for a course serves as your electronic signature and agreement to be bound by this Agreement.
3 Intellectual Property
3.1 Ownership
You agree that the Materials, the Course, the Website, and any other Services provided by the Course Provider are the property of the Course Provider, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reverse engineer, modify or create derivative works, reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
You may not record, copy, or capture any part of the Course, including via screenshots or screen recording software, without our written permission.
3.2 License
We may provide you with certain information as a result of your accessing of the Course through the Website. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Course (“Materials”). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your participation in the Course and your use of the Website. The Materials may not be used for any other purpose. This license to access the course material terminates upon your cessation of use of the Course or the Website, or at the termination of this Agreement. Upon termination, you must cease all use of the Materials and delete any copies in your possession.
No Course Sharing: The Course and any of its accompanying Materials may not be shared with any party. If we suspect that the Course or Materials are being shared and/or that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the Course, in our sole and exclusive discretion.
4 Conduct
4.1 Community Guidelines
You agree not to use the Course or the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Course or the Website in any way that could damage the Course, Website, Services, or general business of the Course Provider.
You further agree not to use the Course or the Website:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of the Course Provider or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate, or discrimination towards any group;
- To unlawfully gather information about others.
During any live or interactive components of the Course, you agree not to engage in disruptive behavior, including spamming the chat, excessive self-promotion, or other conduct that interferes with the learning environment.
We reserve the right to remove any user that violates the terms and conditions, without refund.
5 Age Restriction
You must be at least 18 (eighteen) years of age to use this Website, participate in the Course or access any Services contained herein. By participating in the Course, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. Course Provider assumes no responsibility or liability for any misrepresentation of your age.
6 Disclaimers
6.1 Course Content
The course content is provided “as-is” and may contain errors.
To the fullest extent permitted by law, the Course Provider disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
The course content may be updated and revised from time to time without prior notice.
6.2 Professional Advice
This course is provided for educational purposes only.
We do not offer any promises or guarantees with regard to our Course or Course Materials. You hereby acknowledge and agree:
- You are solely and exclusively responsible for the choices that you make with regard to this Course, the Materials contained within it, or any significant changes to your business or life;
- You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;
- We are not liable for any result or non-result or any consequences which may come about due to your participation in the Course;
- This Course does not constitute a therapeutic relationship or a medical one. We do not provide therapy or medical services and you are responsible for procuring these services at your own will and discretion if needed.
- We do not provide legal advice or services and you are responsible for procuring these services at your own will and discretion if needed.
6.3 No Guarantee of Results
While we aim to provide high-quality educational content, we make no representations, warranties, or guarantees that you will achieve any specific results from the Course.
7 Indemnification
You agree to defend and indemnify the Course Provider and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your participation in the Course, your use or misuse of the Website, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select our own legal counsel and may participate in our own defense, if we wish.
8 Privacy Policy
Our Privacy Policy is available at this link Privacy Policy, and is incorporated into these Terms by reference. By purchasing or accessing a Course, you consent to our collection and use of personal data as described in the Privacy Policy.
9 Limitation of Liability
We are not liable for any damages that may occur to you as a result of your participation in the Course or your use of the Website, to the fullest extent permitted by law, as noted above. The maximum liability of Course Provider arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount you paid to us in the last six (6) months. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind. We are not liable for any loss of data, interruption of service, or damages caused by the acts or omissions of third-party service providers. These limitations apply to the maximum extent permitted by applicable law.
10 Governing Law
This section applies to the fullest extent permitted by law.
Through your participation in the Course and your use of the Website, you agree that the laws of Washington State shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and us.
The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
10.1 Arbitration
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith.
If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following Washington State county: KING. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of Washington State. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations.
Intellectual property claims by us will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
Either Party may bring an individual action in small claims court in lieu of arbitration.
11 Other
11.1 Service Interruptions
We may need to interrupt your access to the Course to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Course and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
Further, we are not responsible for service interruptions on your end. This includes outages or issues caused by third-party platforms used to deliver the Course, including but not limited to video hosting services, payment processors, or learning management systems.
Service interruptions do not entitle you to a refund or credit, except where required by law.
11.2 Agreement Modifications
We may, from time to time and at any time without prior notice to you, modify this Agreement. Where required by law, we will obtain your consent before material changes take effect. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement. Except where prohibited by law. This clause applies to the fullest extent permitted by applicable law.
11.3 Severability
To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
11.4 Entire Agreement
This Agreement constitutes the entire understanding between the Parties with respect to the Course. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
11.5 Refund Policy
Once you purchase a course, there are no refunds except as required by law.
For example, you may be entitled to a refund if the Course is defective or not delivered as described, as required under applicable consumer protection laws.
If you access the course from a country with consumer protection laws that provide a mandatory cooling-off period or other refund rights, those rights will apply to the extent required by law.
For digital products, “delivery” is deemed to have occurred when we send you the login details or otherwise grant you access to the Course, regardless of whether you have logged in or accessed the materials.
11.6 Technical Requirements
Any modern personal computer, cell phone, or tablet that can display online video at a speed of at least 30fps and at 1080p HD resolution, should have no issues in viewing the course material. It is your responsibility to ensure your device and internet connection meet these requirements before purchasing the Course.
11.7 Assignment
This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you.
Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Course Provider, the rights and liabilities of Course Provider will bind and inure to any assignees, administrators, successors, and executors.
11.8 No Waiver
In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part
11.9 Force Majeure
We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances. No refunds will be provided for Force Majeure type events.
11.10 Headings for Convenience Only
Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
11.11 Termination of Access
We reserve the right, in our sole discretion, to suspend or terminate your access to the Course and/or Website, without refund, if we believe you have violated these Terms, engaged in unlawful conduct, or acted in a manner detrimental to the learning environment or our business interests.
