TERMS OF PURCHASE – CLEAR SPRING BUSINESS ANALYSIS LLC

CUSTOMIZED TRAINING TERMS AND CONDITIONS

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, You (“Customer” “You”) agree to purchase the customized training outlined in the business proposal or statement of work provided by CLEAR SPRING BUSINESS ANALYSIS LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

TERMS.
(a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to provide products and services in accordance with the customized training proposal.
(b) The scope of products and services rendered by the Company pursuant to this Agreement shall be solely limited to those contained therein and/or provided for in the customized training proposal.
(c) Customer is responsible for his/her own success in completing the training and implementation of objectives met.
(d) The training includes the following:
1. 1. 12-month access to the online course materials related to the training
  2. 1-hour kick-off meeting to Introduce the BA process framework, program curriculum and logistics, and online learning environment.
  3. 2 Q&A sessions (up to 90 minutes each) to Introduce the BA process framework, program curriculum and logistics, and online learning environment.
  4. 1 consultation (up to 1 hour) to review and refine the content covered in the kick-off and Q&A sessions, enabling the client to provide specific challenges or topics to be covered.

LICENSE TERMS.
(a) Through purchase herein the Customer receives one single use, non-exclusive, irrevocable license of the contents (the “Content”) for each of the participants within The BA Essentials Master Class.
(b) Customer does have permission to edit the non-PDF templates with his/her own branding.
(c) Customer may personally utilize the Content and share it with team members and/or stakeholders for purposes of achieving Customer’s goals; but may not give or sell the Content to team members or a third party for their use.
(d) Participating in the training does not entitle you to train others or to sell or otherwise teach The BA Essentials Master Class Content.

PAYMENT AND REFUND POLICY.
(a) Upon execution of this Agreement, Customer agrees to pay to the Company the full purchase amount.
(b) No refund will be given unless at Company’s discretion.
(c) Should the Customer need to reschedule a session, the Customer must give 48-hour notice to reschedule. The Company will work with the Customer to find a time that works for both parties.
1. 1. 1. If 48-hour notice is not given more than 1 time, the Company reserves the right to schedule the training at a time that is convenient for the Company
    2. In the case of extenuating circumstances, the Customer and Company will work on a time that works for both parties to move forward with the training
  (d) Should the Customer request to leave the training prior to completion for personal reasons, it may be permitted at Company’s discretion. Should the Customer leave, he/she may be offered the opportunity to reconvene training at a later time.
  (e) Credit Card Authorization (if applicable for payment plan). Each Party hereto acknowledges that the Company will charge the credit card chosen by the Customer for the amounts agreed upon in the business proposal/contract. If Customer selects a payment plan option, Customer agrees to pay fees to the Company according to the payment schedule set forth in the business proposal/contract, or otherwise provided to Customer, and the payment plan selected by Customer (the “Fee”).
  (f) In the event Customer fails to make any of the payments within a payment plan during the time prescribed, Company has the right to immediately disallow participation until payment is paid in full, including disallowing access to the online materials, webinars and consultations. If Customer has not paid within seven (7) days, the Company has the right to terminate agreement and Customer will be removed from the training.
1. DISCLAIMERS. By participating in The BA Essentials Training Program, Customer acknowledges that the Company is not providing financial, legal, or other professional advice. The content provided does not replace the use of a qualified professional. Customer acknowledges that Company has not and does not make any representations as to a future outcome of any kind that may be derived as a result of the use of this training program, live teachings, Company’s website, or other programs, products, or services.
  Company will not be held responsible for any information or education provided by Instructors. Instructors are providing education only and not professional advice.Any feedback provided by Instructors is based on their experience only. Any testimonials, earnings, or examples shown through Company’s Website are only examples of what may be possible for the Customer. There can be no assurance as to any particular outcome based on the use of Company’s templates, spreadsheets, and/or other content. The Company may provide the Customer with information relating to products or services that the Company believes might benefit the Customer, but such information is not to be taken as an endorsement. The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
1. RECORDING AND REDISTRIBUTION OF WEBINARS. The customer acknowledges that group sessions and/or training may be recorded. The recordings will only be shared with their designated members of the training session. Customer also acknowledges that the recordings, and therefore Customer’s voice and/or likeness, may be redistributed and/or resold at a later date as part of a separate package sold by the Company.
1. CONFIDENTIALITY. This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during email communications, sessions, or otherwise. Company may have access to Customer’s business information for the purposes of fulfilling the Agreement only and will not share this information with any third parties unrelated to that purpose. The customer acknowledges that transmitting information through email communications is not a secure platform although the Company will do its best to keep all information secure. The Company agrees not to disclose any information about the Customer’s business model, processes, systems, or financial information of any kind. Customer acknowledges that the Company may share confidential information with Company’s instructors, contractors or representatives solely for the purpose of fulfilling the obligations of this Agreement. All information will be considered confidential and not to be disclosed unless otherwise agreed in writing beforehand. Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.
1. INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Customer as part of this Certification, the Company maintains all of the copyright, and other intellectual property rights. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Customer, nor grant any right or license other than those stated in this Agreement. The customer maintains the copyright of any work product created utilizing the templates or other content. The Company reserves the right to immediately remove Customer from the training program, without refund, if you are caught violating this intellectual property policy. You may not modify, 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 within the Certification, in whole or in part without our prior written consent.
1. NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Customer nor any of Customer’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, affiliates, subsidiaries, employees, agents or representatives.
1. DISCLAIMER OF WARRANTIES. The information, education, and content provided to the Customer by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied, or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a Certification of the deal, Certification of performance, or trade usage.
1. LIMITATION OF LIABILITY. By using Clear Spring Business Analysis LLC products and purchasing this training program, Customer accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Customer agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the training materials. The customer agrees that the use of this training is at the user’s own risk.
1. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Denver, Colorado, or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
1. GOVERNING LAW AND SEVERABILITY. This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Colorado, regardless of the conflict of laws and principles thereof. If any part of this Agreement is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
1. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. If You participated in a previous course offered by the Company, this Agreement supersedes and replaces any previous agreements.