Terms of Use
TERMS OF USE: DIGITAL RESOURCES
By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of The Brainy Ballerina Digital Resources outlined below (hereinafter “Client”) agree and willingly purchase access to these products created by The Brainy Ballerina, (hereinafter “Company”), and you agree you are voluntarily entering into a legally binding Agreement with Company, inclusive of the following terms and conditions mutually agreed upon:
For good and valuable consideration as outlined on the purchase page, the receipt and sufficient of which is hereby acknowledged by all parties, Client is electing to purchase a digital resource from Company (hereinafter “Digital Resource”). In exchange, Company agrees to provide the services outlined in the Digital Resource Details below.
Digital Resource Outline:
A. Client agrees and understands that he/she is purchasing one or more digital resources through The Brainy Ballerina, which is comprised of one or more digital files that may be immediately downloaded and printed or used digitally upon purchase.
B. Client acknowledges that he/she has conducted any additional research necessary to feel he/she understands what is being provided, as well as what is not included. Client understands that unless otherwise noted, Digital Resource does not include any interaction or live instruction from The Brainy Ballerina. 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 Company’s website.
Confidentiality
A. Following Client’s purchase of the Digital Resource, Client will have gained access to various trade secrets and personal intellectual property of Company, including but not limited to materials such as written templates, technical information, modules, general career advice, and/or other information that may have become available for use through Client’s purchase of the Digital Resource. Client understands and acknowledges that this information is not to be openly shared with others who have not purchased Company’s Digital Resource. Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through Digital Resource, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own business without express written permission of Company.
Payment and Payment Plans
A. Client understands the cost of the Digital Resource is payable up front, in full, unless a payment plan has been offered by Company, or otherwise arranged between Company and Client. Client agrees to render payment via the payment processor used by Company. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via Company’s website or a designated third-party payment processor of Company’s choosing, in full. Absent an agreement regarding a payment plan with Company, Client must complete payment in full before becoming entitled to any products or services included within Digital Resource.
B. If Client and Company 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 Company’s sales page.
Refund Policy
A. Due to the digital nature of the product, Client will receive the full Digital Resource immediately upon purchase. For that reason, Company is not able to offer refunds once Client has purchased the Digital Resource. Client further agrees and understands that changing his/her mind about the Digital Resource, failing to follow through or understand the details of the Digital Resource, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle him/her to a refund.
Medical Disclaimer – Not Medical or Professional Advice
A. The purpose and goal of Digital Resource is to provide Client with useful information, education, and other fun resources regarding dance, ballet, and other similar endeavors. Digital Resource and content contained within the Digital Resource is not to be considered medical advice, and nothing within the Digital Resource is intended to provide or act as a substitute for mental health treatment. There are no treatment or medical-based elements to Digital Resource, and it is not meant for those who are in need of (or think they may be in need of) medical services. Company is not attempting nor suggesting Client enroll in Digital Resource in place of a personalized consultation with a medical professional in Client’s geographical area.
B. Company encourages Client to consult a physician if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase Digital Resource will have previously obtained clearance and permission from their applicable personal medical physician and has concluded that the Companying Digital Resource offered is right for them. Nothing contained within Digital Resource is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.
Disclaimer /No Guarantees
A. Client understands Company cannot guarantee results of the Digital Resource and cannot make any representations or guarantees regarding individual results. Client will hold Company and Digital Resource harmless if he/she does not experience the desired results.
B. Client understands that all services provided by Company in connection with the Digital Resource 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 Digital Resource and work with Company on a purely voluntary basis and does not hold Company or Digital Resource responsible should Client become dissatisfied with any portion of the Digital Resource.
C. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the Digital Resource, as long as Company delivers the Digital Resource as described in the Digital Resource Outline Addendum below, or similar substitutes, upon additional agreement by Company and Client.
D. Client also understands Company is not a doctor, nurse, lawyer, financial adviser, licensed therapist, or otherwise, and agrees to hold Company harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Digital Resource. The content provided by Company on his/her Website and within the Digital Resource is comprised of information that has worked for Company and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Company cannot guarantee results from this Digital Resource, and has no expectation of a specific result that he or she holds Company responsible for.
Intellectual Property
A. Client agrees and understands that Company has created numerous original, creative works in connection with the Digital Resource, and agrees that Company maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Digital Resource, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Company. Client agrees he/she may be granted a limited right to use selected materials for personal use, but understands that the original proprietary rights remain with Company.
B. Licensee Rights: Company’s Limited License to Client: Client understands that in purchasing the Digital Resource, she/he is gaining access to view all content and information available as part of the Digital Resource, as well as any additional information or content shared with him/her by Company as it sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Company. As a “Licensee,” Client understands and agrees that Client will not:
a. Copy, edit, distribute, duplicate or steal any information or any Content obtained through Digital Resource without written permission by Company;
b. Post, distribute, copy, steal or otherwise use any portion of the Digital Resource or its content, or information obtained via other members in the group Digital Resource without written permission by Company, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
c. Claim any content created by Company as part of the Digital Resource or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Company was Client’s work, and use in his/her business as his/her own.
d. Share purchased materials, information, content with others who have not purchased them.
e. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
Indemnification
A. Client agrees at all times to defend, fully indemnify and hold Company and any affiliates, agents, team members or other party associated with Company harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Digital Resource, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Digital Resource. Should Company be required to defend itself in any action directly or indirectly involving Client, or an action where it decides Client’s participation or assistance would benefit Company’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Company, free of charge.
Dispute Resolution
A. Should a dispute arise between Company and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he/she does not hold Company responsible for any specific results, or those results which have been achieved by other clients of Company.)
B. If unable to reach a resolution informally, Client and Company agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Madison, Wisconsin within a reasonable amount of time. Client and Company agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
Applicable Law
A. This Agreement shall be governed by and under control of the laws of Wisconsin regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Wisconsin are to be applicable here.
Amendments
A. This agreement may be altered, amended, changed, or updated based upon Digital Resource updates and/or updates to relevant laws. Any material update or change in Digital Resource while Client is enrolled will cause Company to email Client with a summary of all changes and request for confirmation of agreement thereto.