OFFERING TERMS AND CONDITIONS
Effective date: November 28, 2020
TERMS
Please READ carefully. These Terms and Conditions incorporate by reference the Terms of Use for our website at boothandrews.com and the Offering Terms and Conditions , our Privacy Policy , our Disclaimer , and our Cookie Policy (together, the “Online Terms”). The Online Terms are the only terms that govern the provision of content, functionality, programs, products and/or services (“Offering” or “Offerings”) by The Booth Andrews Company, LLC, a Tennessee limited liability company (“Company”, “we”, or “us”) to a purchaser of Offerings (“you”).
By purchasing any Offering, you agree to be bound by the Online Terms. Please read the Online Terms carefully before purchasing an Offering and print off a copy for your records. IF YOU DO NOT AGREE WITH THE ONLINE TERMS, DO NOT PURCHASE THE COURSE.
The materials contained in the Offerings are protected by applicable copyright and trademark law. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE OFFERINGS. By purchasing the Offerings, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access, use and/or log into this Site.
OFFERINGS
We shall provide the Offerings to you as described on the Site in accordance with these Online Terms.
We reserve the right to modify or remove any of the Offerings described on our website without notice.
From time to time, we may offer bonuses to individuals who sign up for one or more Offering(s). You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the Course and they may vary depending on specific live, written, or automated promotions throughout the year.
We will provide the Offerings with reasonable care and skill.
We do not make any guarantee that you will obtain a specific result from your purchase and use of any Offerings.
PURCHASING
In order to purchase an Offering, you must provide the requested information and pay the specified amount. You will be required to register an account with us on our website or online commerce provider. You are responsible for any costs associated with your use of any Offering. Any amounts owed by you must be paid in full before you access or use any Offering. Company reserves the right, in our sole and absolute discretion, to refuse to accept any offer to purchase any Offerings. In such circumstance, no contract will arise and we will return any payment accompanying your purchase offer. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
REFUND POLICY
Company provides a 14-day money-back guarantee for most Offerings unless otherwise stated in the applicable terms for that Offering. That money-back guarantee is governed by the following terms:
In the event you decide your purchase was not the right decision, within 14 days of purchase, contact our support team at [email protected] and let us know you’d like a refund by the 14th day at 11:59 PM EST.
We will NOT provide refunds for any request that comes more than 14 after purchase. After day 14, all payments are non-refundable and you are responsible for full payment of the fees for the Course regardless of whether you complete the Course.
Upon determining that you are entitled to a refund pursuant to this policy, Company will promptly issue an instruction to its payment processor to issue the refund. Company does not control its payment processor and will not be able to expedite any refunds.
If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted to you to use the material provided to you pursuant to the Online Terms. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members (if applicable), and other resources.
All refunds are discretionary as determined by Company.
INTELLECTUAL PROPERTY
All Intellectual Property rights in the Offerings and materials contained therein are, and remain, the intellectual property of Company or its licensors, whether adapted, written for or customized for you or not. Your participation in the Offerings does not result in a transfer of any intellectual property to you, and as a condition of participation in the Offerings, you agree to observe and abide by all copyright and other intellectual property protection.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.
In consideration of your payment, we grant to you a single use, limited, non-transferable, non-exclusive, revocable license to use the Offering for the sole purpose of completing such Offering.
You are not authorized to: (i) copy, modify, reproduce, republish, sublicense, sell, upload, broadcast, post, transmit or distribute any of the Offerings or materials contained therein without prior written permission; (ii) record on video or audio tape, relay by videophone or other means any Offering; (iii) use the Offering in the provision of any other course or training whether provided by us or a third party; (iv) remove any copyright or other notice of Company on the Offering or any materials contained therein; (v) modify, adapt, merge, translate, disassemble, decompile, or reverse engineer any software forming part of the Offerings.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Offerings will be terminated immediately, and you shall not be entitled to a refund of any portion of the amounts paid by you for the Offerings.
DISCLAIMER
The Company’s Terms of Use and the Offering Terms and Conditions , Privacy Policy , Cookie Policy and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program.
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 you nor any of your 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, Company or any of its programs, members, owners, directors, officers, affiliates, subsidiaries, employees, agents or representatives.
ASSIGNMENT
Any services provided by Company under the Online Terms are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign the Online Terms to any other company without prior notice to you.
FORCE MAJEURE
Company shall not be liable or responsible to you, nor be deemed to have breached the Online Terms, for any failure or delay in fulfilling or performing any term of the Online Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Company, including Acts of God, fire, floods, war, sabotage, accidents, pandemics, labor disputes or shortage, governmental laws, ordinances, rules and regulations whether valid or invalid, inability to obtain material, equipment or transportation, or any other event that makes the performance commercially impractical.
NOTICES
Company may be contacted at:
The Booth Andrews Company, LLC
9039 Cross Park Drive #31607
Knoxville, TN 37923
MODIFICATIONS
Company may revise the Online Terms, including these Terms and Conditions, at any time without notice. By purchasing or using any Offerings are agreeing to be bound by the then current version of the Online Terms.
GOVERNING LAW
These terms and conditions are governed by and construed in accordance with the laws of Tennessee and you irrevocably submit to the exclusive jurisdiction of the courts of Tennessee.
SEVERABILITY
If any part or parts of these Terms are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Online Terms shall continue in full force and effect.
IF YOU DO NOT UNDERSTAND ANY OF THESE CONDITIONS, PLEASE DO NOT PURCHASE THE OFFERINGS. IF YOU REQUIRE FURTHER CLARIFICATION, PLEASE CONTACT [email protected].
TERMINATION
The Company reserves the right, in its sole discretion, to terminate your access to the Offerings and the related services or any portion thereof at any time, if you become disruptive to the Company or other users or participants, if you fail to follow the Offering guidelines, or if you otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
These Terms and Conditions are effective as of November 28, 2020.
