Going Virtual Course
Terms of Service
Body Beautiful, LLC and The Styling Advisory (together, the “Providers”) offer access to and use of their proprietary training program (the “Going Virtual Program”) and templates to conduct and present client intakes and assessments, photograph and color capturing strategies, and other services related to personalized style and fashion (the “Templates”) and virtual styling services and related training, content, data, materials and information (collectively, with the Going Virtual Program and the Templates, the “Content”) to you, subject to your acceptance of these terms of service (“Terms”). By accessing, viewing, using or obtaining any Content, you agree to accept and be bound by these Terms and you represent and warrant that you are at least 18 years of age and possess all legal right and capacity to enter into these Terms. If you do not accept these Terms, you should not access, view, use or obtain any Content.
Permitted Use; Limited License
The Content and all intellectual property rights to the Content are owned by the Providers. The Providers grant you a non-transferable, limited, non-exclusive license to download, use and modify the Templates for the limited purpose of conducting individual client assessments. Other than as set forth in these Terms, you will not copy, sublicense, republish, reproduce, transmit, amend, post, download, upload, sell, transfer or otherwise distribute in any way any of the Content, including using the Content to create a self-guided online course, without the prior written consent of the Providers. Other than preserving any trademarks of the Providers included in the Templates, you have no license or right to use any of the Providers’ trademarks or service marks.
You are not permitted to (i) suggest an association or endorsement by the Providers other than crediting the origin of the Templates to the Providers or (ii) make any use of the Content which might be considered defamatory, libelous, obscene, immoral or illegal.
Fees and Refunds
Any charges payable by you for the Content will be stated on the website or service under which you are purchasing the Content. The full or first installment of course payment must be received before you have the right to access any Content. If after attending all the sessions and completing the exercises, you still don’t gain any new tools & strategies for building your virtual business, you may request a refund of your course payment. A refund will be issued to you within 30 days of your written request if all of the following requirements are met: (1) your attendance is recorded for all 5 course sessions, (2) you complete all course exercises, and (3) you email your request for a refund to [email protected] along with a copy of all completed course exercises by March 30, 2021. Refunds will not be issued for any requests that do not strictly comply with the foregoing.
If you fail to comply with any provisions of these Terms, the Providers may suspend or terminate your access to the Content or notify you that you are no longer permitted to use any Content. Upon such notification, you must cease and desist using any Content and destroy all Content obtained and all copies thereof, whether made under these Terms or otherwise. The Providers may take such further action as they determine to be appropriate under the circumstances to eliminate or preclude repeat violations, and the Providers shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from the Providers’ exercise of their rights under these Terms.
Links to Third-Party Websites
The Content may contain links to websites operated by third parties that are not under the control of the Providers. Neither the Providers nor any member, director, officer or agent of the Providers endorse or represent the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on such other websites. The use of such other websites is at your own risk.
DISCLAIMER OF WARRANTIES
ALL CONTENT IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PROVIDERS DO NOT MAKE ANY REPRESENTATIONS OR GUARANTEES THAT ANY CONTENT WILL BE AVAILABLE OR UNINTERRUPTED, ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PROVIDERS DO NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING THE ACCURACY, RELIABILITY, OR TIMELINESS OF THE CONTENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE PROVIDERS, THEIR MEMBERS, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You will defend, indemnify and hold harmless the Providers and their members, directors, officers and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees as a result of your use of the Content, your breach of these Terms or the documents made part of these Terms by reference, or your violation of any law or rights of a third party.
Your acceptance of these Terms and use of the Content do not create a joint venture, partnership, employment or agency relationship with the Providers. You may not assign, delegate or transfer your rights or obligations under these Terms. The Providers may assign these Terms. The headings in these Terms are for convenience of reference only and are not to be considered in construing these Terms. The waiver by the Providers of a breach of any provision of these Terms shall not operate or be construed as a waiver of any other or subsequent breach.
These Terms and all matters arising out of or relating thereto shall be governed in all respects by the laws of the United States of America and by the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. Any action brought by you under or in relation to these Terms, including without limitation to interpret or enforce any provision of these Terms, shall be brought in, and you agree to and do hereby submit to the jurisdiction and venue of, any state or federal court located in the County of Sacramento, California, United States. You agree that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by applicable law.