By signing up for the BlossomingButterfly.Academy service (“Course”) or any of the services of BlossomingButterfly.Academy. (“BlossomingButterfly.Academy / Toria Demps”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at here. Thinkific reserves the right to update and change the Terms of Service by posting updates and changes to the BlossomingButterfly.Academy website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Everyday language summaries are provided for your benefit and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using BlossomingButterfly.Academy or any BlossomingButterfly.Academy services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1 Account Terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
- You acknowledge that BlossomingButterfly.Academy will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. BlossomingButterfly.Academy cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You are responsible for all activity and content such as videos, files, data, graphics, photos and links that is uploaded under your BlossomingButterfly.Academy account. You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of BlossomingButterfly.Academy will result in an immediate termination of your services.
Don’t use BlossomingButterfly.Academy for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.
If we need to reach you, we will send you an email.
2 Account Activation
- Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
The person signing up for the BlossomingButterfly.Academy Service is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.
3 General Conditions
- Technical support is only provided to paying course account holders and is only available via email.
- You may not use the BlossomingButterfly.Academy service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by BlossomingButterfly.Academy.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use BlossomingButterfly.Academy and/or variations and misspellings thereof
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
- You understand that your Course Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
The BlossomingButterfly.Academy content/service belongs to us. You are not allowed to steal or copy it or use it for any illegal or sketchy purpose.
Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
4 BlossomingButterfly.Academy Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any BlossomingButterfly.Academy customer, BlossomingButterfly.Academy employee, member, or officer will result in immediate account termination.
- In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a copy of your purchase invoice, government issued photo ID, the last four digits of the credit card on file, etc.
- BlossomingButterfly.Academy retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, BlossomingButterfly.Academy reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at anytime.
In the event of an ownership dispute over a BlossomingButterfly.Academy account, we can freeze the account or transfer it to the rightful owner.
5 Limitation of Liability
- You expressly understand and agree that BlossomingButterfly.Academy shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall BlossomingButterfly.Academy or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, BlossomingButterfly.Academy partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
- BlossomingButterfly.Academy does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- BlossomingButterfly.Academy does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- BlossomingButterfly.Academy does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
- In no event will Service Provider’s aggregate liability for all claims of any kind, including any claims arising out of or related to this agreement, whether by statute, contract, tort, or under any other theory of liability, exceed the fees paid by you for the BlossomingButterfly.Academy Service here under during the one (1) month period immediately preceding the date on which the cause of action arose.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties.
The total amount of our potential liability is limited to one month of your fees paid to us.
6 Waiver and Complete Agreement
The failure of BlossomingButterfly.Academy to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and BlossomingButterfly.Academy and govern your use of the Service, superseding any prior agreements between you and BlossomingButterfly.Academy (including, but not limited to, any prior versions of the Terms of Service).
If BlossomingButterfly.Academy chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These terms of service make up the agreement that applies to you. This means that any previous agreements between you and BlossomingButterfly.Academy don’t apply if they conflict with these terms.
7 Intellectual Property and Customer Content
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) we received from someone other than you without breach of our or their confidentiality obligations; or (b) we are required by law to disclose.
Anything you upload remains yours and your responsibility. If you want to remove your content, just delete your account.
8 Payment of Fees
- A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
- Re-occuring service will be billed in 30 day intervals or as listed in the description and/or invoice. When your billing period is over the Account Owner will be sent an invoice via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing.
- If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of BlossomingButterfly.Academy products and services. Any applicable Taxes are based on the rates applicable to the U.S billing address of the physical location of the BlossomingButterfly.Academy Account Owner.
- BlossomingButterfly.Academy does not provide refunds.
9 Cancellation and Termination
- You may cancel your account at anytime by emailing email@example.com and then following the specific instructions indicated to you in the response email.
- If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
- We reserve the right to modify or terminate the BlossomingButterfly.Academy service for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, BlossomingButterfly.Academy may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
To initiate a cancellation, email firstname.lastname@example.org. We will respond with specific information regarding the cancellation process for your account. If you cancel in the middle of the month, you’ll have one last email invoice for any re-occuring charges.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
10 Modifications to the Service and Prices
- Prices for using BlossomingButterfly.Academy re-occuring services are subject to change upon 30 days notice from BlossomingButterfly.Academy. Such notice may be provided at any time by posting the changes to the BlossomingButterfly.Academy Site or the Course dashboard menu of your BlossomingButterfly.Academy course via an announcement.
- BlossomingButterfly.Academy reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
- BlossomingButterfly.Academy shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We may change or discontinue the service at anytime, without liability.
11 Optional Tools
- BlossomingButterfly.Academy may provide you with access to third party tools over which BlossomingButterfly.Academy neither monitors nor has any control or input.
- You acknowledge and agree that BlossomingButterfly.Academy provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. BlossomingButterfly.Academy shall have no liability whatsoever arising from or relating to your use of optional third party tools.
- Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
- BlossomingButterfly.Academy strongly recommends that instructors seek specialist advice before using or relying on certain tools.
We are not responsible for third party tools so use them at your own risk. If you use them you agree that we do not provide a warranty, so get advice beforehand.