Blue Birch College Consulting Courses Terms & Conditions
Last Updated: July 1, 2024
This document contains Terms of Use for all online courses by Birch College Consulting, LLC.
TERMS OF USE
By agreeing to the Terms of Use, you, the purchaser of a Blue Birch College Consulting Course (hereinafter “Client”) agree and willingly purchase entry into this online program provided by Blue Birch College Consulting, a Massachusetts LLC (hereinafter “Instructor”), and you agree you are voluntarily entering into a legally binding Agreement with Instructor, inclusive of the following terms and conditions mutually agreed upon:
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confirmed by all parties, Client is electing to purchase the program outlined on the corresponding sales page (hereinafter "Program") for the price as noted on the sales page, excluding any discounts, bonuses, or other promotional pricing that may be offered from time to time. In exchange, Instructor agrees to provide the services outlined in the Program Outline below.
Program Outline
Client is purchasing a pre-recorded, online-only course with Instructor. Client will have access to the online course for the period of time outlined on the course sales page.
Client acknowledges that he/she/they have read the course sales page and conducted any additional research necessary to feel he/she/they understand what is being provided in Program as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Instructor’s website.
Account Registration and Termination
Client purchasing Program is required to create an account. Client may not share his/her/their account or Program with others. All information provided must be accurate and complete in order to create an account. Client may not impersonate any other person or use a name that is not his/her/their own.
When the account is created, Client will need to set a password. Client is solely responsible for maintaining the confidentiality of his/her/their password and for any and all use of his/her/their account. Client agrees not to use the account, username, or password of another user at any time, nor to disclose his/her/their password to any third party. Client agrees not to sell or share or otherwise transfer membership or any membership rights. Client agrees to notify Instructor immediately if he/she/they suspect any unauthorized use of account or access to password. Instructor has the right to terminate Client’s account for any reason at our sole discretion with or without notice to you. If termination of account limits the ability to access any purchased Services, refunds will be issued according to the terms of the contract, provided that Client’s account was not terminated for a violation of these terms.
Links to Other Sites and/or Materials
In the course, Instructor may provide Client with links to third-party website(s) as well as content or items belonging to or originating from third parties (collectively “Third Party Content”). Instructor has no control over Third Party Content or the promotions, materials, information, goods, or services available through such Third Party Content. Such Third Party Content is not investigated, monitored, or checked for accuracy, appropriateness, or completeness by the Instructor, and the Instructor is not responsible for any Third Party Content accessed through the website or any Third Party Content posted on, available through or installed from the Program, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Content does not imply approval or endorsement thereof by the Company. If you decide to access the Third Party Content, you do so at your own risk and you should be aware that our terms and policies do not govern such use.
Confidentiality
Client understands and acknowledges that handouts from this course are for personal use and are not to be openly shared with others who have not participated in Instructor’s Program, and agrees not to share, copy, or distribute any documents or other proprietary information obtained through Program.
Should Client breach this provision and disclose confidential or proprietary information belonging to Instructor, Client understands additional action may be taken by Instructor including but not limited to removal from Program and/or legal action.
Testimonials
Instructor may request Client provide a testimonial to be published on Instructor’s website, or on various sales materials for this or another Program created by Instructor. Client understands that he/she/they are not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Instructor and Client if Client refuses testimonial.
If Client accepts and provides Instructor with a testimonial, Client understands the material will likely be published on Instructor’s website or otherwise. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Instructor an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Instructor as part of a Testimonial.
Payment and Payment Plans
Client understands the fee for Program is payable up front, in full. Client agrees to render payment via Squarespace and understands he/she/they are responsible for the full payment prior to being offered access to Program If payment is rendered with Squarespace, Client agrees to have their credit card stored securely using Squarespace’s payment system.
If Client and Instructor have not agreed upon a payment plan, Client understands one is not available, and agrees to provide payment in full, upfront, in the manner(s) designated on Instructor’s sales page.
Refund Policy
For recorded courses, refunds will be offered upon request to Clients within 30 days of enrolling provided Client has viewed no more than three modules of the course.
Due to the subjective nature of the Program provided by Instructor, and Instructor’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Program, Instructor is not able to offer refunds after 30 days or three modules.
If Instructor is somehow unable to provide services as outlined on sales page during the time period of enrollment purchased, Client will be offered a full refund.
Voluntary Participation
Client understands and agrees that he/she/they are voluntarily choosing to enroll in Program and are solely responsible for any outcomes or results. While Instructor believes in her services and that Program is able to help many people, Client acknowledges and agrees that Instructor is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she/they are fully responsible for his/her/their health and well-being, including participation in Program and any results therein.
Disclaimer / No Guarantees
Client understands that results or any specific outcome from Program by Client cannot be guaranteed. While Instructor and her team will act in their full capacity to ensure your success and happiness in the Program, Instructor cannot guarantee results of the Program, and cannot make any representations or guarantees regarding individual results. Client understands that Instructor does not guarantee admission to any particular college or university and does not guarantee that aid will be awarded. Client understands that Instructor is not responsible in any way for the student’s failure to gain such admission and be awarded such aid. Client will hold Instructor and Program harmless if he or she does not experience the desired results. Without limiting the foregoing, any implied warranty or condition is expressly excluded and disclaimed.
Client understands that all services provided by Instructor in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program on a purely voluntary basis and does not hold Instructor or Program responsible should Client become dissatisfied with any portion of the Program.
Client agrees that he/she/they do not have a cause of action, legal remedy, and are not entitled to a refund should he/she/they not achieve the results desired following completion of the program.
Client agrees to hold Instructor harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Program. The content provided by Instructor on her website and within the Program may or may not be useful to Client. Client understands Instructor cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Instructor responsible for.
Data Sharing
In order to provide Client with the requested Program purchased, Instructor will process the necessary data provided by Client, including but not limited to Client’s name, email address, mailing address, and any other information completed in connection with purchasing Program. Instructor will also have the choice to share data with Instructor’s third-party payment processor, Squarespace, to complete payment via credit card. Client understands Instructor is not related to nor responsible for Squarespace, and is encouraged to review Squarespace’s privacy policy prior to completing purchase or giving Squarespace any personal data. For all information about Instructor’s data sharing, please review Instructor’s Privacy Policy.
Intellectual Property
Client agrees and understands that Instructor has created numerous original, creative works in connection with the Program, and agrees that Instructor maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, and any other original work created by Instructor. Client agrees he/she/they may be granted a limited right to use selected materials for personal use, but understands that the original proprietary rights remain with Instructor. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Instructor to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
Client agrees and understands he/she/they are not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Instructor or obtained through working with Instructor, without Instructor’s express written consent. If such behavior is discovered or suspected, Instructor reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
Licensee Rights: Instructor’s Limited License to Client
Client understands that in purchasing the Program, he/she/they are gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her/them by Instructor as she sees fit. Client understands this means he/she/they will have been granted a limited, revocable, non-transferable license to read and use the information provided as instructed or allowed by Instructor. As a “Licensee,” Client understands and agrees that Client will not:
Copy, edit, distribute, duplicate, or steal any information or any Content obtained through Program without written permission by Instructor; post, distribute, copy, steal, or otherwise use any portion of the Program or its content without written permission by Instructor, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
Claim any content created by Instructor as part of the Program or otherwise given to Client is his/her/their own, meaning he/she/they cannot claim any content created by Instructor was Client’s work, and use in his/her/their business as his/her/their own; share purchased materials, information, content with others who have not purchased them.
Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
Indemnification
Client agrees at all times to defend, fully indemnify and hold Instructor and any affiliates, agents, team members, or other party associated with Instructor harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her/their actions as a direct or indirect result of Client’s participation in Program. Should Instructor be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Instructor’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Instructor, free of charge.
Applicable Law
This Agreement shall be governed by and under control of the laws of Massachusetts regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Massachusetts are to be applicable here.
Amendments
This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Instructor, or a party authorized to sign on behalf of either party.